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Agenda 04-17-12 Searchable
The City of Boynton 100 E. Boynton Beach Boulevard • (561) 742 -6000 TUESDAY, APRIL 17, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor — At Large William Orlove Vice Mayor — District I Mack McCray Commissioner — District II Steven Holzman Commissioner — District II I Marlene Ross Commissioner — District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton—beach.org We're Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission — Time Limit — Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances — Time Limit — Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and /or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule — some meetings have been moved due to Holidays /Election Day). 2 of 757 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay Closed -door session to be held at 5:30 p.m. on April 17, 2012 regarding the case of City of Boynton Beach, A Florida municipal corporation, Plaintiff v. Villa Lago Condominium Association at Renaissance Commons, Inc., A Florida non - profit corporation, and RCR Holdings II, LLC, A Florida limited liability corporation B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Appointment and Swearing in of Vice Mayor B. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session. B. Proclaim the month of May as Building Safety Month. C. Proclaim the Month of April as "Fair Housing Month" in the City of Boynton Beach D. Proclaim the week of April 29th through May 5th, 2012 as Municipal Clerk's Week E. Proclaim Earth Day on April 22, 2012 and Earth Week April 22, 2012 through April 28, 2012. F. Proclaim the month of April 2012 as Water Conservation Month in the City of Boynton Beach. G. Proclaim the week of April 22 to April 28, 2012, as Preservation Week. H. Proclaim April 20, 2012 as Arbor Day. 3 of 757 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. PROPOSED RESOLUTION NO. R12 -028 - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization B. PROPOSED RESOLUTION NO. R12 -029 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program C. PROPOSED RESOLUTION NO. R12 -030 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) D. PROPOSED RESOLUTION NO. R12 -031 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. E. 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. PROPOSED RESOLUTION NO. R12 -032 - Revise Paragraph 5 of Rule #1 -M of the Cemetery Rules & Regulations to add language to allow the City to buy -back crypts and niches at the Boynton Beach Mausoleum B. PROPOSED RESOLUTION NO. R12 -033 - Approve the fee structure for the sale of crypts and niches at Boynton Beach Mausoleum and other fees associated with the operation of Boynton Beach Memorial Park C. PROPOSED RESOLUTION NO. R12 -034 - Approve a contract with Resource Action Programs' for the delivery of their WaterWise Conservation Program for FY 2011 -12 for all 5th grade students at schools within the City for the sum of $44,000. D. (1) Approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications RFQ #043-2911 - 12/TWH "ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINK'S GOLF COURSE "; and (2) Authorize City staff to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. E. Accept the written report to the Commission for purchases over $10,000 for the month of March 2012. 4 of 757 F. PROPOSED RESOLUTION NO. R12 -035 - Consideration of a Resolution opposing majority opinion in Citizens United. G. Approve the minutes from the City Commission regular meeting held on April 3, 2012 and Special Meeting held on April 10, 2012 H. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the six (6) month period ended March 31, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. I. Accept the resignation of Christiane Francois, a regular member of the Special Events Ad Hoc Committee J. Accept the resignation of Christina Griswold, a regular member of the Special Events Ad Hoc Committee 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -036 - Approve the piggy- backing of Garland /DBS, Inc. utilizing pricing based on US Communities Master Agreement No. 09 -5408 for roofing services; and authorization for the Mayor to execute an Agreement between the City of Boynton Beach and Garland /DBS, Inc. The master agreement was adjusted for market pricing in South Florida in USC Proposal #25 -FL- 120103 for the amount of $251,974 and Utilities staff requests approval of a 10% contingency of $25,197.40, bringing the total budget appropriation to $277,171.40. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A ") for Case #09 -3367 filed March 21, 2011 to reduce the fines in this case to an amount of $33,000 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve conditional use / new site plan request to replace a 1,770 square foot church and accessory buildings with a new 5,040 square foot church on a 0.757 acre parcel located at 202 NE 11th Avenue, within the R -2 (Duplex) zoning district. Applicant: Ron Uphoff, Arkitektur + Kasai, Inc. 10. CITY MANAGER'S REPORT A. Discuss and formalize meeting start time and format for City Commission Budget Workshops to be held July 9 -11, 2012 in the Library Program Room. 5 of 757 B. PROPOSED RESOLUTION NO. R12 -037 - Authorize the allocation of $54,400 in Economic Development funding for Commercial Rent Subsidy and Commercial Interior Build -Out Assistance Programs C. PROPOSED RESOLUTION NO. R12 -038 - Approve proceeding with a negotiated settlement and agreement with Sensus Metering Systems, Inc. ( Sensus) to replace current and future failed registers of Automated Meter Reading (AMR) systems under warranty with Advanced Metering Infrastructure (AMI) in exchange for the development of a contract /service agreement with Sensus as a sole source provider to replace all AMR units with AMI technology in order to standardize meter reading equipment and regain meter reading efficiency. D. PROPOSED RESOLUTION NO. R12 -039 - Approve and authorize the Interim City Manager to sign an Agreement with DavenportLawrence for Project Management Services for the Utility Water Meter Technology Migration project. E. PROPOSED RESOLUTION NO. R12 -025 - Authorize the Interim City Manager to enter into consulting agreement with RCultures, Inc. in the amount of $21,600 for Police Department professional services study; and 2) authorize expenditure of $21,600 from the State Law Enforcement Trust Fund account which currently shows a balance of $257,403.57. (TABLED ON MARCH 20, 2012) 11. UNFINISHED BUSINESS A. Presentation and discussion of two proposals for Redevelopment of Old High School 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -006 - SECOND READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City- owned /operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. B. PROPOSED ORDINANCE NO. 12 -007 - FIRST READING - Amending Section 26- 8, "Water and sewer connection, deposit and service charges ", of the City's Code governing water and wastewater rates. The revised fee structure for particular services provided to utility customers will be effective July 1, 2012. C. PROPOSED ORDINANCE NO. 12 -008 - FIRST READING - Approve amendments to the Historic Preservation Ordinance as codified in the Land Development Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII, (Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX (Building, Construction and Historic Preservation) 6 of 757 D. PROPOSED ORDINANCE NO. 12 -009 - FIRST READING - Approve Ordinance amending sale of City owned real property. 14. FUTURE AGENDA ITEMS A. Discussion of City Manager Search interviews and rankings - 5/1/12 B. Update to City Commission on Nuisance Abatement Program - 5/1/12 C. Notice of Intent /Moratorium - Presentation of staff analysis and proposed amendments to zoning regulations. D. Update on In -house Medical Clinic- 5/15/12 15. BRAND PROMISE STATEMENT — "BREEZE INTO BOYNTON BEACH — AMERICA'S GATEWAY TO THE GULFSTREAM" 16 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. 7 of 757 2. A OTHER April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ® OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appointment and Swearing in of Vice Mayor EXPLANATION OF REQUEST: In accordance with Chapter 2, Administration, Sec. 2 -1.2 of the City of Boynton Beach Code of Ordinances provides that "at the second regular City Commission meeting following the swearing in of newly elected officers, the City Commission shall appoint one of its members to serve as Vice - Mayor. Any member of the City Commission who has not previously served as Vice- Mayor during his or her current term of office may be selected to serve as Vice - Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one, there is another round of voting but the nominee with the least number of votes does not move on to round two. If there are four nominees in round one, the nominee with the most votes wins. If only one member is nominated to serve as Vice - Mayor, the Mayor shall declare the nominee appointed by acclamation without the necessity of a vote." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The appointment of a Vice Mayor is necessary for the continuity of City business in the event the Mayor is unable to perform his duties FISCAL IMPACT: None ALTERNATIVES: Not to appoint a Vice Mayor or continue with current Vice- Mayor. 8 of 757 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Allow presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session. EXPLANATION OF REQUEST: Informational only HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to allow the presentation. 9 of 757 Florida House of Representatives - Jeff Clemens Page 1 of 2 Speaker Dean Cannon illev, at: I gsla l'e ?pp r MF Ib7o�,le com mo "I y, n;1arz:'n 26, )10'.2 2 Home Bills Doc urne its HepresentaP ves Leadership Committccs Cater - dar.; Lsgislati�e hacking Broadcasts Public, Guic N ein; s AI e rt c 6 Have You Signed Up? Subscribe for Updates from the House Office of Public Information Mprober lrtforaliatiotl http: / /www.myfloridahouse.gov/ Sections/ Representatives /details.aspx ?Memberld= 4519 &... 3/26/2012 10 of 757 Biographical Tnforntation City of Residence: Lake Worth Occupation: Energy Contracting Capitol Office 1401 The Capitol Education: Michigan State University, B.A., The State News, Opinion Editor 402 South Monroe Street Born: September 8, 1970, Detroit, MI Tallahassee, FL 32399- 1300 Moved to Florida: 1997 Phone: (850) 488-0260 Map/Driving Directions Recreational Interest: playing music, sports Coxnmitree relcnrbership District Office Suite 508 Lake Avenue State Affairs Committee Dam carat is Ran kin g Mein ber Lake Worth, FL 33460- Energy & Utilities Subcommittee 3809 Phone: (561) 540 -1140 Government Operations Subcommittee Map /Driving Directions Health & Human Services Access Subcommittee Legislative Assistant: Beth Hartnett - Murphy Joint Legislative Auditing Committee (2012) District Secretary: Joint Select Committee on Collective Baraainino (20121 Evelyn Duplecy Transportation & Highway Safety Subcommittee I-egislailive Service .ri Elected to the House in 2010 Other Public Service ' City of Lake Worth, Mayor 2007 -2009 Metropolitan Planning Organization, member 2007 -2009 http: / /www.myfloridahouse.gov/ Sections/ Representatives /details.aspx ?Memberld= 4519 &... 3/26/2012 10 of 757 Florida House of Representatives - Jeff Clemens Palm Beach County League of Cities, Executive Board member 2007 -2009 Lake Worth Community Redevelopment Agency, Chairman 2004 -2006 Lake Worth Civil Service Board, Vice Chairman 2003 United Arts Council, Board member 1999 -2000 Page 2 of 2 Affiliations College Park Neighborhood Association, President 2004, current member 2001 - present Florida Kiwanis Club, Lt. Governor Division 21 2006, current member 2002 - present Lake Worth Kiwanis Club, President 2005, current member 2003 - present Disdain sc 7a, 11 "I this sV _ o. Nis pjD,rsheo and r 'tted versions or t. e - p- i amb6. , strodJO be eon1u/'ed To or `c �. P�`Fos.o Uoder 9orida -.n aii ac'drs a s," , . e nias. 11 you d ncT nant Voor - m — -16 ess re' -es d r c�oiC es e ords regor, do noT —d elec Tonic mail to This enity. lost -d, contact Yh! &If- by phone y irndno, G U F -;v SI t �nl , =Map http: / /www.myfloridahouse.gov/ Sections/ Representatives /details.aspx ?Memberld= 4519 &... 3/26/2012 11 of 757 H406HO20 (2002 House), District 89 12 of 757 h visuiu rvuniuei House Redistricting Commit �i County Boundary House .11c. s.." 20: w e jExpressways fir- ;t. Tull.n -. F�32399 Arterials 711012002 Be0-48e -3928 7110/2002 Florida House of Representatives - Lori Berman Page 1 of 2 Speaker Dean Cannon, Moinb €3r ttlforaliatlon at: I gsla l'e ?pp r MFl Ibb�,le com Is')"I y, Mart:'n :36, )10'.2 1= Home Bills Dec umeits, RReresentaP ves Leadership Commiriecs Calendar.; Lsgislatile hacking Broadcasts PublicGuic Access Video Update .__ N e ur s Alerts s through the House Video _ Archive http: / /www.myfloridahouse.gov/ Sections/ Representatives /details.aspx ?Memberld= 4517 &... 3/26/2012 13 of 757 Moinb €3r ttlforaliatlon Biographical Information City of Residence: Delray Beach Occupation: Attorney Capitol Office 1401 The Capitol Spouse: Jeffrey Garbles, of Plainview, New York 402 South Monroe Street Child(ren) : Caryn Ganeles, Steven Ganeles Tallahassee, FL 32399- 1300 Education: Tufts University, B.A.. 1980; George Washington University Law School, J.D., 1983, magna Phone: (850) 488 -1662 cum laude; University of Miami Law School, LL.M. Estate Planning, 2002 Map'Driving Directions Born: June 27, 1958, New York, NY District Office Moved to Florida: 1958 203 Northeast list Avenue Religious Affiliation: Jewish Delray Beach, FL 33444- 3714 Recreational Interest: reading, skiing, tennis, travel Phone: (561) 266 Map /Driving Directions Committee Membership ' Legislative Assistant: Community& Military Affairs Subcommittee Democratic Ranking Member Abby Ross Energy &Utilities Subcommittee District Secretary: Jennifer Gurland Finance &Tax Committee Government Operations Appropriations Subcommittee Health & Human Services Access Subcommittee > Service , Legislative 7 Elected to the House in 2010 http: / /www.myfloridahouse.gov/ Sections/ Representatives /details.aspx ?Memberld= 4517 &... 3/26/2012 13 of 757 Florida House of Representatives - Lori Berman Page 2 of 2 Affiliations America Israel Public Affairs Committee, Washington Club B'nai Torah Congregation, member Boca Delray Democratic Club, member Crohn's and Colitis Committee, member Delray Beach Chamber of Commerce, member Democratic Club of Boynton Beach, member Democratic Club of Greater Boynton Beach, member Democratic Women's Club, member Dynamic Democrats of Delray Beach, member Emily's List, member Florida Association of Women Lawyers, member Florida Bar Association, member Jewish Community Relations Council, P21K Committee member Jewish Women's Foundation, Founding Trustee Leadership Boca National Organization for Women, member Pine Crest Preparatory School. Column's Society Ruth's List, member South Palm Beach County Jewish Federation Women's Division, Board member Spanish River PTSA, member Sun- Sentinel, Boca Raton Blogger 2007 -2009 United South County Democratic Club. member Highlights ' Florida Association of Planned Parenthood Affiliates, Florida House of Representatives Honor Roll 2011 Florida Library Association, Outstanding Support of Florida Libraries for the 2011 Session Future Leaders Conference Panel, Associated Industries of Florida Annual Conference, August 2011 Independent Colleges & Universities of Florida, Distinguished Alumni Award 2011 (University of Miami) American Society of Interior Designers.. Certificate of Appreciation Interior Design Associations Foundation and Bakehouse Art Complex, Certificate of Appreciation Progress Florida, Florida Watch Action and America Votes— named as a "Champion of Florida's Middle Class" L c. ih, 'n , ., n {nf y - T— e aed. Thep b. - 1h.o' m,o F '. _ u the re_n� -� ; nh enoe (I b I ulF od "r or �.,�. {. ✓rt � �. end- good. Imc rr —, poh.;, --- Ii t-u a t— " If ) "I' .: in -r p—, Tn " J,jh I o nrn„ fa 71; . ,r J, IT mn7 rl—vn— .- I, rh —W, I ,,d, colt h - : r....+ ) W1 1,11 11 11 wrrrinq- Ccnlacl Us L yacv Sla(Fment Si'z M,,p http: / /www.myfloridahouse.gov/ Sections/ Representatives /details.aspx ?Memberld= 4517 &... 3/26/2012 14 of 757 H406H 020 (2002 House), District 86 Wes" k k3IXS ¢. yw,a t 8 �i a °n P a OA Px4 I AEA d �M Maaalapan $ e'e 5 4 e a •'^` s E clr Ocean Ridge •T E E .A "£a d "b £ M3rinZeS €€ Ci'ulf�z f 9 H• £ ,.," , . Of Str$am D m j d Vlit4tDr f}'t ,.G 'd'u+ € a, d c dF 1 %a6 E F.w g gx"�Yi g w X y ja M�ghla�d Beach aro a _I $ N Ilya P��.. „ # N 9 F � 14 f i x Y l Ow 14" a A'�41i }k mn ^ v 1 a RafOn Y F h w e d District Number /i County Boundary Ex rterials pressways House R11,111,11,19 Committee House Office Building 203 � ;(. Tallah -e 32399 s "A 850 -08 &393928 nioizaoz 15 of 757 Ec�:3 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE 04/17/12 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION Proclaim the month of May as Building Safety Month. EXPLANATION OF REQUEST The Development Department Requests that the City Commission declare the month of May as Building Safety Month in order to help promote citizen awareness of building safety, energy efficiency, water conservation, sustainability and fire safety and awareness. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Raise citizen awareness of building safety, energy efficiency, water conservation, sustainability and fire safety and awareness. FISCAL IMPACT N/A ALTERNATIVES N/A 16 of 757 PROCLAMATION Whereas, through our continuing attention to build safe structures for everyday life and times of disaster, we enjoy the comfort and peace of mind that our facilities are safe and sound; and Whereas, building safety and fire prevention officials work diligently to guide the safe construction of building; and Whereas, building safety and fire prevention officials, architects, engineers, builders, and others in the construction industry develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and Whereas, the Florida Building Codes adopted and used by the State of Florida include safeguards to protect the public from natural disasters that can occur such as hurricanes, tornadoes, wildfires, and flooding; and Whereas, Building Safety Month represents an excellent opportunity to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and Whereas, countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and Whereas, this year, as we observe Building Safety Month, we ask all Boynton residents to recognize their local building safety and fire prevention officials and the important role they play in public safety, everyday and in times of disaster; Now, therefore, I Woodrow Hay, Mayor of the City of Boynton Beach, do hereby proclaim the month of May 2012, as Building Safety Month And encourage our citizens to join with their communities in participation in Building Safety Month activities. IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of April, in the year two thousand twelve. Woodrow Hay, Mayor ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 17 of 757 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim the Month of April as "Fair Housing Month" in the City of Boynton Beach EXPLANATION OF REQUEST: Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law and the month of April is the anniversary of the enactment of Title VIII. Fair Housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement and support of all our citizens. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to make the proclamation. 18 of 757 The strength of our nation, and all of its states, flows from the promise of individual equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues. The anniversary of the enactment of Title VIII during the month of April is an occasion for Americans, individually and collectively, to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur. Since fair housing is consistent with the principle of equality and justice for all, we all need to share in the fight to ensure fair housing is a reality for all residents. Fair Housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement and support of all our citizens. The City will continue to provide the necessary leadership to make fair housing not just an idea but an ideal for all our residents through our continued partnership with the Legal Aid Society of Palm Beach County, Inc. - Fair Housing Department. NOW, THEREFORE, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 2012 as: Fair Housing Month and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 17 Day of April, Two Thousand Twelve. Woodrow Hay, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) 19 of 757 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS E] FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim the week of April 29 through May 5 2012 as Municipal Clerk's Week EXPLANATION OF REQUEST: In 1969, the International Institute of Municipal Clerks (IIMC) initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government. The City Clerk's office helps to administer the laws and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This proclamation will provide awareness of the City Clerk's office and its function in local government to provide and maintain information for the citizens, other departments and the Commission. FISCAL IMPACT: None ALTERNATIVES: Do not present the proclamation. 20 of 757 Proclamation WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Woodrow Hay, Mayor of the City of Boynton Beach, do recognize the week of April 29 through May 5, 2012, as Municipal Clerks Week and further extend appreciation to our Municipal Clerk, Janet Prainito and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, this 17th day of April in the year 2012. Woodrow Hay, Mayor Attest: Janet M. Prainito, MMC (Corporate Seal) 21 of 757 KM:m ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS E] FUTURE AGENDA ITEMS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ UNFINISHED BUSINESS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim Earth Day on April 22, 2012 and Earth Week April 22, 2012 through April 28, 2012. EXPLANATION OF REQUEST: The first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation's natural resources. April 22, 2012 marks the forty- second anniversary of Earth Day. This unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness about Earth Day and our need to take a proactive role in shaping the future of our environment and protecting our natural resources. The City's Sustainability Team has coordinated events and presentations throughout the Earth Week celebration. Citizens can visit the City of Boynton Beach Library from April 21 st through April 28th to view sustainability exhibits. The following is a list of events throughout the week: April 21 t ": 9:00 a.m. there will be a ribbon cutting to celebrate the completion of the Photovoltaic Array project at Fire Station #5. At 10:00 a.m. there will also be a ribbon cutting in the south parking lot of the Boynton Beach Library to unveil our new EV Charging Stations. April 22 Earth Week displays and information all week at the Boynton Beach Library during Library hours. 22 of 757 April 23 Earth Week Mangrove Walk Tours given by the St. Mark School students & City of Boynton Beach staff 8:30 a.m. — 10:00 a.m. at 700 NE 4 th Ave. Earth Week Children's presentation and crafts at the Boynton Beach Library from 4:30 p.m. — 5:30 p.m. April 22 —28 1h : All week: Ride your Bike to Work week Library displays and Sustainability Exhibits during Library hours. Self- guided tours at Jaycee Park (2600 S. Fed. Hwy.) April 25 Artist Reception with Paulo at 5:00 p.m. — 7:00 p.m. City Hall lobby April 26 Arbor Day tree planting 9:00 a.m. — 10:30 a.m. at Oceanfront Park (6415 N. Ocean Blvd., Ocean Ridge) Packaging Nature Exhibition curated by Rolando Chang Barrero at 5:OOpm — 9:OOpm. (Arts District -422 W. Industrial Ave.) April 27 Paint City Hall 7:00 a.m. — 5:00 p.m. (2 hour shifts) at City Hall lobby. Using SWA recycled paint. April 28 Busch Wildlife presentation at The Links 10:00 a.m. (8020 Jog Rd.) Continuing to Paint City Hall 7:00 a.m. — 5:00 p.m. (2 hour shifts) at City Hall lobby using SWA recycled paint There will also be free samples and give -aways throughout the week that citizens can register for such as: Samples of native plant seedlings Win an Earth Day T -shirt (Enter all week at the Sustainability Exhibits in the City Library) Special Thanks to the Sustainability Team Earth Week Committee: Chris Roschek Glenda Hall Nancy Byrne Kevin Hallahan Jamie Anne Wooley Carisse LeJeune Andrew Mack Debbie Majors Scott Wahlin Debby Coles -Dobay Craig Clark Eric Johnson FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation. 23 of 757 PROCLAMATION Whereas, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection and appreciation of our nation's natural resources; and Whereas, April 22, 2012 marks the forty- second anniversary of Earth Day, this unique event provides an opportunity to appreciate our natural heritage, increase ecological awareness and to take active steps to preserve our environment. The City recognizes this growing awareness and concern, expanding Earth Day into a week long educational event; and Whereas, it is the responsibility of each of us to safeguard the environment, by recognizing that all human life depends upon the Earth and upon one another for our mutual existence, well -being and development. We all deserve clean air, clean water and a healthy ecosystem; and Whereas, the steps we can take to protect and preserve our natural environment through education, partnerships and positive actions should be encouraged in the City of Boynton Beach; and Whereas, the citizens of Boynton Beach are committed not only to the protection and preservation of our environment, but also to the restoration of ecosystems and habitat; and Whereas, Boynton Beach citizens, staff and elected officials have been working closely with federal, state, and local governments and with non - governmental organizations, to develop and implement regulations and ordinances specifically designed to preserve and improve Boynton Beach's fragile ecosystems and the quality of life therein; and Whereas, Boynton Beach proudly recognizes all who participate in Earth Day, for their dedication to taking a proactive role in shaping the future of our environment and in protecting Boynton Beach's precious natural resources. Now therefore, 1, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, FL do hereby proclaim the week of April 22, 2012, as EARTH WEEK in Boynton Beach and urge all our citizens to be mindful of local state and national laws which protect our environment and to join in efforts to preserve the beauty and wonder of the lands, skies and water of the Earth in all its diversity. In witness whereof, 1 Woodrow Hay, have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 17th day of April, two thousand and twelve. ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) Woodrow Hay, Mayor City of Boynton Beach 24 of 757 CMI ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS E:1 UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim the month of April 2012 as Water Conservation Month in the City of Boynton Beach. EXPLANATION OF REQUEST: Clean and sustainable water resources are vital to Florida's environment, economy and quality of life to preserve Florida's natural beauty, crystal blue water and white sand beaches. The State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment. The South Florida Water Management District is implementing a Comprehensive Water Conservation Program to assist in conserving the State's precious water resources. Positive contributions by all citizens and business can reduce water use and protect Florida's water resources. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no affect on City programs or services. FISCAL IMPACT: N/A ALTERNATIVES: Not proclaim the month of April 2012 as Water Conservation Month. 25 of 757 PROCLAMATION WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environment, economy and quality of life; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, South Florida residents consume 179 gallons per person, per day — the highest water usage in the state; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved, while the cost of constructing alternative water supply facilities may exceed $7 per 1,000 gallons of water created; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources; NOW, THEREFORE, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim the month of April as Water Conservation Month IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of April, in the year two thousand twelve. Woodrow Hay, Mayor Janet M. Prainito, MMC City Clerk (Corporate Seal) 26 of 757 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim the week of April 22 to April 28, 2012, as Preservation Week. EXPLANATION OF REQUEST: Libraries, museums, archives and other organizations work every day to preserve cultural history. Billions of artifacts are held in public trust by more than 30,000 repositories in the United States of which 2.6 billion are not protected by an emergency plan. Preservation awareness is important to preserve billions of items at risk at our heritage institutions and plausibly trillions of items held by the general public. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Proclamation will promote public awareness of the Library's archival and preservation services and increase its customer patronage FISCAL IMPACT: N/A ALTERNATIVES: Not allow the Proclamation. 27 of 757 PROCLAMATION WHEREAS, libraries, museums, archives and other organizations work every day to preserve cultural history; WHEREAS, over 4.8 billion artifacts are held in public trust by more than 30,000 archives, historical societies, libraries, museums, scientific research collections and archaeological repositories in the United States; WHEREAS, some 630 million items in collecting institutions require immediate attention and care. Eighty percent of these institutions have no paid staff assigned responsibility for collections care and 22 percent have no collections care personnel at all; WHEREAS, some 2.6 billion items are not protected by an emergency plan such as natural disasters and 1.3 billion of these items are at risk of being lost; WHEREAS, if billions of items are at risk at our heritage institutions, then plausibly trillions of items held by the general public are at risk; WHEREAS, Preservation Week @ your Library encourages sharing your treasures with your family and community and where your heritage is their heritage; WHEREAS, the Boynton Beach City Library Local History & Archive acquires, preserves, indexes and makes available items and information documenting and reflecting the history of Boynton Beach; WHEREAS, now is the time to make sure your treasures will last to tell your or your family's personal history at your library during Preservation Week 2012 NOW, THEREFORE, be it resolved that I, Woodward Hay, Mayor of the City of Boynton Beach, proclaim National Preservation Week, April 22n to the 28 2012. 1 encourage all residents to visit the Library this week to learn more about preservation resources available at your Library and take action to preserve our heritage. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Boynton Beach, Florida, to be affixed to this proclamation on the 17 day of April, Two Thousand Twelve. Woodward Hay, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) 28 of 757 KM:I ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ® ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Proclaim April 20, 2012 as Arbor Day. EXPLANATION OF REQUEST: The idea for Arbor Day originally came from Nebraska. On January 4, 1872, J. Sterling Morton first proposed a tree - planting holiday to be called "Arbor Day" at a meeting of the State Board of Agriculture. The date was set for April 10, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that day. It was estimated that more than one million trees were planted in Nebraska on the first Arbor Day. During the 1870's, other states passed legislation to observe Arbor Day and the tradition began in schools nationwide in 1882. On Thursday, April 26 th, at 9:00 AM City staff along with school children from St. Marks will be planting various trees at Oceanfront Park to celebrate Arbor Day. It has been a long time tradition for the City to celebrate Arbor Day. This Proclamation is an important element in commemorating the day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Proclamation will heighten public awareness of the importance of planting and maintaining trees as per the City's Implementation Strategies, 4.1.2 Water/Wastewater Facilities, Conservation and Landscape Irrigation, #16. Establishment of an urban forestry program....... FISCAL IMPACT: Three Green Buttonwood and Four Sea Grape trees = $950.00 from account 001 - 2730 - 572 -52 -26 — Gardening Supplies. Boynton Beach Garden Club donation of $100 to purchase a Geiger tree. ALTERNATIVES: Not approve Proclamation. 29 of 757 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 26, 2012 as: ARBOR DAY in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well -being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 17th day of April in the Year 2012. Woodrow Hay, Mayor City of Boynton Beach ATTEST: Janet M. Prainito, MMC City Clerk 30 of 757 (Corporate Seal) 31 of 757 5. A ADMINISTRATIVE April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -028 - Appoint a City Commission representative and alternate to the Metropolitan Planning Organization EXPLANATION OF REQUEST: The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short -term (five -year) and long -range (20 -year) time frames. The MPO meeting is held on the 3 rd Thursday of the month at the PBC Governmental Center on Olive Ave. They begin at 9:00 a.m. and typically last two hours. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain communications and awareness of MPO initiatives that may affect the City. FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not make an appointment and have no representation on the MPO Board. 32 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints appoints Planning Organization. as alternate representative to the Metropolitan Section 3. That this Resolution shall become effective immediately upon passage. as a representative to the Metropolitan Planning Organization and 33 of 757 PASSED AND ADOPTED this 17 day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) S:ACA\RESO \Appointments \Reso - Metropolitan Planning Organization 2012.doc 34 of 757 Palm Beach County League of Cities The palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self - government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. R ep r ese n tat i ve - Al te rn ate — Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five -year) and long -range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the Government Center. R ep r ese n tat i ve - Al te rn ate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations ( COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3 rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. R ep r ese n tat i ve - Al te rn ate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate — S:ACCAWP\EasyAgenda ItemsADescription of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program.doc 35 of 757 5. B ADMINISTRATIVE April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -029 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program EXPLANATION OF REQUEST: The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdictional significance. Each individual local government decides the length of the term. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain awareness and have input into matters of inter jurisdictional significance. FISCAL IMPACT: None ALTERNATIVES: The alternative to this decision would be to not make an appointment to this organization. 36 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints Program and appoints Intergovernmental Coordination Program. as alternate representative to the Countywide Section 3. That this Resolution shall become effective immediately upon passage. as a representative to the Countywide Intergovernmental Coordination 37 of 757 PASSED AND ADOPTED this 17 day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) S:ACA\RESO \Appointments \Reso - Countywide Intergovernmental Coordination Program 2012.doc 38 of 757 Palm Beach County League of Cities The palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self - government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. R ep r ese n tat i ve - Al te rn ate — Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five -year) and long -range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the Government Center. R ep r ese n tat i ve - Al te rn ate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations ( COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3 rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. R ep r ese n tat i ve - Al te rn ate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate — S:ACCAWP\EasyAgenda ItemsADescription of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program.doc 39 of 757 5. C ADMINISTRATIVE April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -030 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association ( COBWRA) EXPLANATION OF REQUEST: The Coalition of Boynton West Residents Associations ( COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3 rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: The alternative to this decision would be to not make an appointment to this association. 40 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTIAL ASSOCIATIONS, INC., (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Coalition of Boynton West Residential Associations, Inc., (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA) and appoints representative to the Coalition of Boynton West Residential Associations, Inc., (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17 day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay as alternate Vice Mayor — William Orlove 41 of 757 Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) S:ACA\RESO \Appointments \Reso - COBWRA Appt 2012.doc 42 of 757 Palm Beach County League of Cities The palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self - government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. R ep r ese n tat i ve - Al te rn ate — Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five -year) and long -range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the Government Center. R ep r ese n tat i ve - Al te rn ate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations ( COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3 rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. R ep r ese n tat i ve - Al te rn ate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate — S:ACCAWP\EasyAgenda Items\Description of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program.doc 43 of 757 5. D ADMINISTRATIVE April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -031 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. EXPLANATION OF REQUEST: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self - government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: The alternative to this decision would be to not make an appointment to this organization. 44 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the League of Cities and appoints Cities. as alternate representative to the Palm Beach County League of Section 3. That this Resolution shall become effective immediately upon passage. 45 of 757 PASSED AND ADOPTED this 17 day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) S:ACAARESOAAppomtments\Reso - Palm Beach County League of Cities 2012.doc 46 of 757 Palm Beach County League of Cities The palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self - government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. R ep r ese n tat i ve - Al te rn ate — Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and addresses short-term (five -year) and long -range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12 floor conference room of the Government Center. R ep r ese n tat i ve - Al te rn ate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations ( COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3 rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. R ep r ese n tat i ve - Al te rn ate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate — S:ACCAWP\EasyAgenda ItemsADescription of MPO, PBC League of Cities, COBWRA & Intergovernmental Coordination Program.doc 47 of 757 5. E ADMINISTRATIVE April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. FISCAL IMPACT: None ALTERNATIVES: Allow vacancies to remain unfilled. 48 of 757 APPOINTMENTS FOR APRIL 17, 2012 Appointment Length of Term To Be Made Board Expiration Date III Holzman Arts Commission Alt 1 yr term to 12/12 Tabled (3) IV Ross Arts Commission Alt 1 yr term to 12/12 II McCray Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/14 Tabled (3) Mayor Hay Bldg. Bd. Of Adj & Appeals Reg 3 yr term to 12/13 IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (2) III Holzman Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/12 Tabled (3) Mayor Hay Cemetery Bd Alt 1 yr term to 12/12 Tabled (2) II McCray Code Compliance Bd. Alt 1 yr term to 12/12 Tabled (3) I Orlove Code Compliance Bd. Alt 1 yr term to 12/12 Tabled (3) III Holzman Education & Youth Advisory Bd Alt 1 yr term to 12/12 Tabled (3) IV Ross Education & Youth Advisory Bd Stu 1 yr term to 12/12 Tabled (2) III Holzman Financial Advisory Bd. Reg 3 yr term to 6/12 IV Ross Financial Advisory Bd. Reg 3 yr term to 6/13 II McCray Financial Advisory Bd. Reg 3 yr term to 6/14 Tabled (2) Mayor Hay Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (3) I Orlove Financial Advisory Bd. Alt 1 yr term to 6/12 Tabled (3) Mayor Hay Library Bd Alt 1 yr term to 12/12 Tabled (2) I Orlove Planning and Development Bd Reg 2 yr term to 12/13 Tabled (3) III Holzman Planning and Development Bd Reg 2 yr term to 12/13 Mayor Hay Planning and Development Bd Alt 1 yr term to 12/12 Tabled (3) II McCray Planning and Development Bd Alt 1 yr term to 12/12 Tabled (3) III Holzman Recreation & Parks Bd Reg 3 yr term to 12/14 IV Ross Recreation & Parks Bd Alt 1 yr term to 12/12 Mayor Hay Recreation & Parks Bd Alt 1 yr term to 12/12 S: \CC %P \BOARDS\APPMENTS \Board Year 2012\Appointments 04- 17- 12.doc 49 of 757 =0 CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -032 - Revise Paragraph 5 of Rule #1 -M of the Cemetery Rules & Regulations to add language to allow the City to buy -back crypts and niches at the Boynton Beach Mausoleum EXPLANATION OF REQUEST: During the Cemetery Board meeting held on March 8, 2012, the members addressed the issue of owners wanting to sell their new /unused crypts and niches back to the City. The current Cemetery Rules & Regulations do not address a buy -back policy at the Boynton Beach Mausoleum. It was pointed out that if the City instituted the buy -backs at 80 %, the City would actually have received 15% of the original sales price plus 20% from the buy -back, and could then resell the crypt or niche at a price established by the City. The members unanimously recommended that Paragraph 5 be changed to read as follows (additional new language underlined in blue): "When a crypt or niche was originally sold, the City of Boynton Beach received 15% of the original sales price. A transfer fee will be charged when a previously purchased crypt or niche is resold. The transfer fee will be the difference between the 15% paid to the City at the time of original sale and 15% of the resale price based on fair market value the day of the resale. The City will buy-back unused c io l of the oriainal o io l of the Citv's current HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this recommendation would allow the City to buy -back crypts and niches and then resell them. It will also respond to our residents' requests opportunities to dispose of crypts and niches for which they no longer have a need. FISCAL IMPACT: After buy -back, these crypts and niches will be sold, generating revenue that will be used toward the operation and perpetual care of Boynton Beach Memorial Park. ALTERNATIVES: The alternative would be to not adopt a buy -back policy. S: \CC \WP \CEMETERY\4genda Item Requests \2012' \Rule Change - Buy -Back of Crypts & Niches - 04- 17- 12.doc 50 of 757 RESOLUTION R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH AMENDING RULE #1 -M, PARAGRAPH 5 OF THE CEMETERY RULES AND REGULATIONS TO ADD LANGUAGE ALLOWING THE CITY TO BUY -BACK CRYPTS AND NICHES AT THE BOYNTON BEACH MAUSOLEUM; PROVIDING AND EFFECTIVE DATE. WHEREAS, residents have requested the opportunity to dispose of crypts and niches for which they no longer have a need; and WHEREAS, during the Cemetery Board meeting of March 8, 2012, the members of the Cemetery Board addressed the issue of owners wanting to sell their new, unused crypts and niches back to the City; and WHEREAS, upon recommendation from the City Cemetery Board, the City Commission has determined that a revision to Rule 91 -M, paragraph 5 allowing for the buy -back of unused crypts and niches at 80% of the original contract price or 80% of the City's current selling price, whichever is less, 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 the revision to the Cemetery Rules and Regulations, Rule #1 -M, paragraph 5 as follows: "When a crypt or niche was originally sold, the City of Boynton Beach received 15% of the original sales price. A transfer fee will be charged when a previously purchased crypt or niche is resold. The transfer fee will be the difference between the 15% paid to the City at the time of original sale and 15% of the resale price based on fair market value the day of the resale. The City will buy -back unused crypts or niches at 80% of the original contract price or 80% of the City's current selling price, whichever was less." Section 3. This Resolution shall become effective immediately upon its passage. 51 of 757 PASSED AND ADOPTED this day of April, 2012. CITY OF BOYNTON BEACH Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 52 of 757 UnIpf 2-M. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree shrub. I t-M. All identification information including letters and emblems on crypts and niches shall be inscribed b7 engraving. The cost of new crypt or niche inscription fees shall be paid at time of interment. Existing bronze letter's shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." MCC= becomes untidy or unsightly, in the sole and absolute discretion of the City. Paper items, envelopes, memorabilia or photographs shall be allowed for two days. 4 S:\CC�WP\CEMETERY\CEMETERYRULES\RULES\2012\Cemetery Rules - Revision of Rule I-M regarding Buy-Back of Crypts Niches.cloc 53 of 757 M- I.] CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS $ 9,500* REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -033 - Approve the fee structure for the sale of crypts and niches at Boynton Beach Mausoleum and other fees associated with the operation of Boynton Beach Memorial Park EXPLANATION OF REQUEST: Over the last two years, the Cemetery Board has discussed the establishment of a fee structure for the sale of crypts and niches at Boynton Beach Mausoleum. The City Clerk's Office maintain a list of people who have expressed interest in selling back their crypts and niches to the City and others who are interested in purchasing at the Mausoleum. The establishment of this fee structure will allow us to buy back crypts and niches as the budget permits, and then re -sell these properties to interested parties. Previously all sales of crypts and niches were through the City's agent (Boynton Beach Mausoleum, Inc.) therefore a fee structure was not needed. After careful review of the fees charged throughout surrounding communities, the Cemetery Board unanimously recommended the fee structures presented for the sale of crypts and niches at Boynton Beach Mausoleum. CRYPTS: Crypt LEVELS Single Tandem Double F $3,000* $6,150* $ 9,500* E $3,000* $6,650* $11,200* D $4.500* $7,150* $12,850* C $5,800* $7,650* $14,500* B $5,800* $7,650* $14,500* A $3,000* $6,150* $ 9,500* *All prices include opening & closing, sandblast engraving and the tray or two trays if the crypt is Companion or True Companion. 54 of 757 NICHES: NICHE LEVELS PRICE A, B, C & D $1,000 ** E, F, G & H $1,500 ** I, J, K& L $ 700 ** * *Price includes opening & closing and etching In addition, the members also recommend the addition of the following fees: Cost of Mausoleum Inurnment Opening & Closing $250 Early /Late Arrival for Mausoleum entombments/ $200 Inurnments Engraving of any crypt /niche front, to include the deceased's first name, last name, year of birth, year of death and a hyphen $200 per person * ** Replacement of Vases (Plastic Cup Only): • 8" Vase $20 4" Vase $15 Sunday Overtime Fee (all day) $500 ** *each person not included in original sales price At the March meeting, the Board members talked with staff about the fact that Sunday funerals have been occurring more often resulting in two Cemetery staffers being called in on an overtime basis sometimes for as much as four or five hours. The established fees do not allow the City to recoup these overtime fees. After discussion, the members unanimously agreed to recommend a $500 overtime fee for Sunday funerals. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Establishment of the sales prices for crypts and niches will allow the City to resell crypts and niches that are purchased under our buy -back policy. Further, the Sunday overtime fee allows the City to recoup the costs of calling in workers on their regular days off. FISCAL IMPACT: The resale of crypts and niches will generate revenue that will be used for the operation and perpetual care of Boynton Beach Memorial Park ALTERNATIVES: The alternative would be to not adopt the fee schedules. Without the fee schedule, the City would not be able to resell any crypts or niches at the Mausoleum. In addition, if the Sunday overtime fee is not adopted, the City will continue to provide services for which it is not reimbursed. S: \CC \WP \CEMETERY\4genda Item Requests \2012' \Crypt & Niche Prices for Resale & Sunday Overtime Fee - 04- 17- 12.doc 55 of 757 RESOLUTION R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH APPROVING THE FEE STRUCTURE FOR THE SALE OF CRYPTS AND NICHES AT BOYNTON BEACH MAUSOLEUM AND OTHER FEES ASSOCIATED WITH THE OPERATION OF BOYNTON BEACH MEMORIAL PARK; PROVIDING AND EFFECTIVE DATE. WHEREAS, over the last two years, the Cemetery Board has discussed the establishment of a fee structure for the sale of crypts and niches at Boynton Beach Mausoleum; and WHEREAS, the establishment of this fee structure will allow the City to buy back crypts and niches as the budget permits, and then re -sell these properties to interested parties; and WHEREAS, staff has conducted a survey of the fee structures for neighboring communities and the Cemetery Board unanimously recommended the fee structures presented for the sale of crypts and niches at Boynton Beach Mausoleum. WHEREAS, upon recommendation from the City Cemetery Board, the City Commission approves the fee structure for the sale of crypts and niches at Boynton Beach Mausoleum and other fees associated with the operation of Boynton Beach Memorial Park. 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 the fee structure for the sale of crypts and niches at Boynton Beach Mausoleum and other fees associated with the operation of Boynton Beach Memorial Park as follows: CRYPTS: Crypt LEVELS Single Tandem Double F $3,000* $6,150* $ 9,500* 56 of 757 E $3,000* $6,650* $11,200* D $4.500* $7,150* $12,850* C $5,800* $7,650* $14,500* B $5,800* $7,650* $14,500* A $3,000* $6,150* $ 9,500* *All prices include opening & closing, sandblast engraving and the tray or two trays if the crypt is Companion or True Companion. NICHES: NICHE LEVELS PRICE A, B, C & D $1,000 ** E, F, G& H $1,500 ** I,J,K &L $ 700 ** * *Price includes opening & closing and etching In addition, the members also recommend the addition of the following fees: Cost of Mausoleum Inurnment Opening & Closing $250 Early /Late Arrival for Mausoleum entombments/ $200 Inurnments Engraving of any crypt /niche front, to include the deceased's first name, last name, year of birth, year of death and a hyphen $200 per person*** Replacement of Vases (Plastic Cup Only): • 8" Vase $20 • 4" Vase $15 Sunday Overtime Fee (all day) $500 ***each person not included in original sales price Section 3. This Resolution shall become effective immediately upon its passage. 57 of 757 PASSED AND ADOPTED this day of , 2012. CITY OF BOYNTON BEACH Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 58 of 757 Comparison of Crypt/Niche Costs Location Single Tandem Double Single Companion Comments 6,150 Crypt Crypt Crypt Niche Niche 11,166 Boynton 4,850 6,150 to 9,500 to 12,832 3,000 Includes O & Memorial 7,650 7,650 14,500 B 5,800 C and etching Park 2,000 Both 2,995 6,150 9,500 2,000 caskets in one crypt Delray 3,640 to 3,440 to 595 to Beach 4,340 4,140 795 Boca 5,800 to 7,950 to Owned by B. Mausoleum 6,400 9,450 Osbome Memory 3,950 to 6,995 to 7,195 to 595 to Does not Gardens 4,550 8,591 8,195 834 include O & (Lake C or etching Worth) Gardens 8,900 to (Boca) 13,000 Palm Beach 2,995 to 4,995 to 5,490 to 1,130 2,180 Does not Mem. Park 4,995 8,995 9,490 include O & C or etchin Our Lade 3,725 to 6,450 to 1,100 to Does not Queen of 8,950 19,700 2,450 include O & Peace C and etchin AVERAGE 5,153 7,229 9,985 1,224 2,180 O & C = Opening and Closing I: 1IZ�T�T�T• I?.ToI Crypt Single Tandem Double Niche F 2,995 6,150 9,500 2,000 E 2,995 6,650 11,166 2,000 D 4,398 7,150 12,832 3,000 C 5,800 7,650 14,500 3,000 B 5,800 7,650 14,500 2,000 A 2,995 6,150 9,500 2,000 Revised 11:4%09 59 of 757 Meeting Minutes Cemetery Board Boynton Beach, Florida December 10, 2009 Unfinished Business A. Division Reports — November 2009 It was noted a report for OZ? 2009 was also pr ov' r. Balfe read the reports for the months of October and Nov 0 ined in the meeting materials. Motion Ms. Pr ' oved to approve. Ms. Glinski seconded the that passed mously. S. New Business A. Discuss prices for crypts and niches at Boynton Beach Mausoleum. (Tabled) Motion Ms. Glinski moved to remove the item from the table. Ms. Prainito seconded the motion that passed unanimously. Jody Rivers, Parks Superintendent, noted the Board had asked staff at the last meeting to determine what other municipal cemeteries charged and, in particular, Delray Beach. This information has been added to the comparison chart included with the meeting materials. Options could include averaging the cost, having the prices remain as they are, or lowering the costs so that they were closer to Delray's prices. It was believed the prices set forth on the chart were a bit high. Ms. Rivers noted there had not been that many prices available for comparison purposes. As such, she averaged the costs and came up with the prices reflected on the chart. She did, however, agree that the prices reflected were high. In considering the price range reflected for Delray Beach, $600 -$700, she recommended a range of $700 -$900 for Boynton Beach. Suggestions by Board members included the following: ♦ $1,500 to $1,750 for C and D ♦ $1,000 to $1,200 for A and B ♦ $800 to $1,000 for E and F 2 60 of 757 Meeting Minutes Cemetery Board Boynton Beach, Florida December 10, 2009 Ms. Hohner felt the middle level, or eye level, should be the most expensive as she believed it was the most desirable location. She felt the two top tiers were difficult to reach and should be the least expensive. Following discussion, the Board agreed on the following prices: $1,000 for A and B, $1,500 for C and D and $700 for E and F. M otion Ms. Glinski moved to approve the costs agreed to by the Board: $1,000 for A and B, $1,500 for C and D and $700 for E and F, and to recommend the figures to the City Commission for approval. Ms. Hohner seconded the motion. Mr. Balfe pointed out that the niches reached higher than level F. Standard crypts were at levels A through F and the niches were half of a standard -sized crypt. Niches A, B, C and D should have the same prices as they were equivalent to the height of two crypts. As such, Ms. Rivers suggested the following: ♦ A, B, C and D $1,000 ♦ E, F, G and H $1,500 ♦ I, J, K and L $700 Motion Ms. Glinski amended her motion to charge $1,000 for niche levels A through D, $1,500 for niche levels E through H and $700 for niche levels I through L, which would include openings, closings and etchings, and to recommend the figures to the City Commission for approval. Ms. Hohner seconded the motion that passed unanimously. At the July eeting, action had been taken by the Board t t ea fee of $75 for emblems reflec list provided by Mr. Bal ems not included on the list would need to be approve price would be determined at that time. Thereafter, at the Octo , was taken to allow up to two emblems at $50 each. ests for emblems wo a Board approval. Discussions at meeting revealed the Board felt $75 was a re I�e�ric_e for the The Board again concurred and agreed a motion should be m'aal*% stablish a fee of $75 for the emblems. 61 of 757 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FL SEPTEMBER 9, 2010 RECEIPT OF REVENUE /EXPENSE SHEETS - May, June, July S August Motion Secretary Prainito rn ace these reports on file. Ms. Glinski ded the motion that carried unanimously. 6. RECEIPT OF SALES REPOR une, J August 2010 Motion Secretary Prainito moved to pl a reports on file. Ms. Gli onded the motion that carried unanimously. 7. UNFI D BUSINESS Parks Division Reports — March, June, July & August 2010 B. Reconsideration of prices for crypts at Boynton Beach Mausoleum (Tabled) Motion Secretary Prainito moved to remove this item from the table. Ms. Glinski seconded the motion that carried unanimously. Secretary Prainito recalled at the Board meeting in December, the motion did not include crypt prices. The prices set were for niches only. Ms. Rivers disseminated a handout and reviewed it with the Board. It included comparative information from six facilities. An average of each category was run. The Board discussed the prices and the following became the recommended prices: crypt Single Tandem Double Niche F 3,000 6 150 9 500 1,500 E 3,000 6,650 11 1 D 4.500 7 12 1,000 C 1 5,800 7 650 14 1,000 B 5 7,650 14 5()0 1 A 3 000 6,1 9 500 1,000 It was explained that Levels B and C are the most popular and levels A, E and F are the least popular. The price for Level D was derived by averaging the lowest and highest prices. Regarding the niches, Secretary Prainito referred to the December 10 meeting minutes wherein the recommended prices were established as follows: Levels A through D - $1,000 2 62 of 757 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FL SEPTEMBER 9, 2010 Levels A through D - $1,000 Level- E-threugh+— $i-,599 Levels E through H — $1,500 Levels I through L - $700 The members were reminded that the niche prices would include opening and closing, and etching. The prices for the crypts would include opening & closing, sandblast engraving and the tray (or two trays If it is a Companion or True Companion.) Secretary Prainito moved to recommend to the City Commission to accept these recommended prices for crypts and niches at Boynton Memorial Park. Ms. Glinski seconded the motion that carried unanimously. circumstances by the Cemetery Board (Tabled) Motion Secretary Prain moved to remove this item from the table. Ms. Glinski seconded otion which carried unanirnou Secretary Prainito recal that at a previous Board meeting, this issue wa scussed and not all of the members were comf ble with this Proposed Ordinance. The ve been inquiries and questions received that sta It could have legal repercussions a they were not comfortable making some of these decision The numerous questions th a were sending to the Legal Department have subsided; howev there are still circumsta s that arise that we feel need legal review and determinations. Chair Hatch recalled that the Board was not forts making these decisions either. Ms. Glinski was not any more comfortable now than she w e past. Mr. Baife was also of the opinion that staff should be able to pose these odd circum s to the attorney and then report back to the Board. Ms. Rivers advised that this ordinan would empower a Board to make decisions that the member may not be comfortable ng. Staff felt comforts going directly to the City Attorney with special exceptions and the porting back to the Board. Motion Secretary Prainito m to not move forward with the Ordinance. Ms. Glins conded the motion which carried un ously. D. Opening & Closing Fees for Boynton Beach Mausoleum MbW) Ms. R' rs referred to Page 3 of the June meeting minutes wherein there were pending leg ' ues wi a Mausoleum and a suggestion that the fee be the same as an in- ground burial. Ho r, re was discussion that since there was not as much work involved in opening and closing 63 of 757 6. C CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -034 - Approve a contract with Resource Action Programs' for the delivery of their WaterWise Conservation Program for FY 2011 -12 for all 5 t " grade students at schools within the City for the sum of $44,000. EXPLANATION OF REQUEST: This is apart of our ongoing commitment to water conservation as a condition of our Consumptive Use Permit (CUP) — Limiting Condition No. 23, and has been itemized as a part of our Water Conservation Plan. The WaterWise program educates all 5th grade students in our service area on the importance of water conservation and emphasizes the positive impact of small changes in water use habits. Teachers provide a program of educational activities in the classroom and the students are each issued an indoor water conservation kit to take home and install with their parents help. Water usage is measured before and after the installation of the water saving devices and a projected volume of water saved is calculated. The last year the program was implemented, FY 09 -10, 1,100 students and teachers were educated resulting in a projected 9.5 million gallons of water saved annually. This in turn reduces loading on the wastewater system. The program is very popular with the teachers and families involved. All of the teachers that taught the program in previous years would gladly do it again were it made available. The program will be delivered either before or after the summer break. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The program will educate approximately 1,100 students and their teachers on lifelong water conservation habits. Typically the program is implemented during the height of our dry season which emphasizes its importance. Based upon the information gathered from the students during the program, estimates were made of the potential environmental impact. This included not only the water savings but also the impact on gas and electricity usage as well as reductions in wastewater generation. Apart from the water consumption reduction estimated at 9.5 million gallons there is also an equivalent reduction in wastewater treatment costs (saving $11,040 at current prices), and over 950,879 KWh of energy used to heat water will be saved. (at 6c /KWh this equates to a saving of over $60,000 to our customers). FISCAL IMPACT: The $44,000 for this project will be funded from the Conservation Fund, 401- 2822 - 536 -95- 43. The funds provide Teaching Plans /Materials for the educators and Water Conservation Kits for the students. 64 of 757 ALTERNATIVES: Do not promote water conservation through this program. 65 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT WITH RESOURCE ACTION PROGRAMS IN THE AMOUNT OF $44,000.00 FOR THE DELIVERY OF THEIR WATERWISE CONSERVATION PROGRAM TO ALL 5 TH GRADE STUDENTS AT SCHOOLS WITHIN THE CITY OF BOYNTON BEACH; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the WaterWise program educates all 5 th grade students in the City's service area on the importance of water conservation and emphasizes the positive impact of small changes in water use habits; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Contract with Resource Action Programs in the amount of $44,000.00 for the delivery of their WaterWise Conservation Program for all 5 th grade students at schools within the City of Boynton Beach during fiscal year 2011 -2012. 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 hereby approves a Contract with Resource Action Programs in the amount of $44,000.00 for the delivery of their WaterWise Conservation Program to all 5 th grade students at schools within the City of Boynton Beach. Section 3. Authorizing the Interim City Manager to execute a contract with Resource Action Programs, a copy of which is attached hereto as "Exhibit A." Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay 66 of 757 Vice Mayor — William Orlove ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross 67 of 757 0 RESO URCEACTION eN,); PROGRAMS March 5, 2012 City of Boynton Beach Steve Evans P.O. Box 31 Q Boynton Beach, FL 33425 To Steve Evans: This letter will acknowledge that Resource Action Programse is a sole source vendor for the environmental WaterWiseTM Resource Action Program. The Program incorporates materials developed and written by accredited science and conservation educators with a water savings technology kit distributed solely by Resource Action Programs. The program materials are as follows: For the Teacher,- Teacher Guide WaterWise Program Video Water Poster Resource Action Kit For each Student: Resource Action Kit Student Guide Student Workbook Certificate of Achievement Scantron Form Students and teachers have unlimited access to the program website, ww. et�whsc,.gTg, and technical support through our toll free number 888-438-9473. you, X Vice President 68 of 757 Resource Action Programs Date:March 01, 2012 976 United Cir, Sparks, NV, 89431 Quotation #:001012 P:(888)438 -9473 F:(800)544 -8051 Program Consultant: David Grider Steve Evans Conservation Coordinator City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 Phone: (561) 742-6964 We are pleased to quote the following: WaterWise Program Boynton Beach Participants:1194 Materials Unit Price:$19.86 Subtotal Price Service Unit Price:$15.00 Sales Tax: Shipping & Handling: Total Price:$44,010.84 Services Provided in This Quote: • Identification of State Education Standards & Benchmarks • Curriculum Development and Refinement (Completed Annually) • Curriculum Correlation to State Education Standards & Benchmarks • Materials Modification to Incorporate City of Boynton Beach's Logo and Color Scheme Materials Printing • Assembly of Materials • Warehousing of Materials Incentive Program Development • Teacher / School Identification - with City of Boynton Beach Approval • Teacher Outreach and Program Introduction • Teachers Enrolled in the Program Individually • Implementation Dates Scheduled with Teachers • Materials Shipment Coordination • Delivery Confirmation • Periodic Contact to Ensure Implementation and Teacher Satisfaction • Program Completion Incentive Offered Results Collection • Thank -you Cards Sent to Participating Teachers Data Analysis Reporting $41.622.84 $0.00 $2.388.00 UyUi i -) i Materials Provided in This Quote: (1) - Getwise Wristband • (1) - WaterWise Certificate of Achievemen (1) - WaterWise Parent Letter • (1) - WaterWise Scantron Form • (1) - WaterWise Student Book • (1) - WaterWise Student Workbook • (1) - WaterWise Installation Video - DVD • (1) - WaterWise Installation Video - VHS • (1) - WaterWise Teacher Folder • (1) - WaterWise Kit - Kit Contents Includes: (1) - Bathroom Aerator 1.0 gpm • (1) - Digital Thermometer (1) - Flow Rate Test Bag (1) - GetWise Wristband Postcard (1) - High Efficiency Showerhead w/ instr (1) - Installation Instruction Booklet (1) - Kitchen Aerator 1.5 gpm (1) - Mini Tape Measure (1) - Natural Resource Fact Chart (1) - Parent Comment Card (1) - Rain / Drip Gauge (1) - Teflon Tape • (1) - Toilet Leak Detector Tablets (1) - WaterWise Box (1) - WW Program Unit =This will serve as a purchase order =We will issue a purchase order I, the undersigned, declare that I have the authorization to sign this Quotation Form and agree to the quantity, pricing & terms conditions listed above Print Name Authorized Signature Title / Company Date Terms and Conditions Quantity represents total program size. You will only be billed for the actual materials that are specifically requested and shipped. • Please allow ten (10) business days from receipt of purchase order to begin Program implementation. • This quote is valid for 90 days from the date noted above. • A quotation not accepted within 90 days may be changed. • Customer initiated modifications or corrections will be charged additionally at RAP's current rates. • Payment terms are NET 30. • All products warranties are direct to manufacturer unless otherwise noted. • Mode /Carried is RAP's choice on any /all shipments unless otherwise noted. • If issuing a Purchase Order please cite this quote number on your Purchase Order to RAP. Please forward your Purchase Order to RAP at FAX (800)544 -8051. • Make checks payable to: Resource Action Programs. rV vi r -)r EW.0 | // [ \ ƒ ƒ(((t :gE ; ;o � { /i \(({( k } #! W -T }E| 8HE (( \ / \ /(\ / \( ((((((( ((( (kkk §kk k(/ E[lIIE! !![ ))))) \)\ \� }, k 2. 4]k! „ :mzza,z m*a }/k §m55® Q §m= /00///0 \ ......... . 71 of 757 C:�17 CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION (1) Approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications RFQ #043-2911 - 12/TWH "ENVIRONMENTAL ENGINEERING CONSULTING SERVICES FOR THE LINK'S GOLF COURSE "; and (2) Authorize City staff to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. EXPLANATION OF REQUEST: The City issued the above RFQ for "Environmental Engineering Consulting Services for the Link's Golf Course" to prepare and submit to FDEP a Site Assessment Report that meets the objectives of FAC Rule 62 -780. The RFQ was advertised and submittals were due on March 26, 2012 at 2:30 p.m. Procurement received and opened nineteen (19) proposals. The proposals were reviewed by Mark Bobich, Safety Administrator, Bevis Pigott, Water Treatment & Quality Manger, and Scott Wahlin, Golf Maintenance Manager. Each reviewer completed a weighting score sheet as provided in the RFQ document. A publicly noticed meeting was held on Thursday, April 10, 2012, for each reviewer to read their scores from their weighting score sheet for the record. The Finance Department verified the scores and prepared a summary tabulation of the overall scores to arrive at the following ranking: 1) A -C -T Environmental & Infrastructure, Inc. 2) HAS Engineers & Scientists 3) URS Corporation 72 of 757 Based on the above ranking, staff is requesting authorization to negotiate a contract with A -C- T Environmental & Infrastructure, Inc. of Bartow, FL at this time. If staff cannot successfully negotiate a Contract with A -C -T Environmental & Infrastructure, they will cease negotiations and commence negotiations with the second ranked firm and then the third, if necessary. Once staff successfully negotiates a Contract, it will be brought back to the City Commission for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This report will bring the City Into compliance with Florida Department of Environmental Protection as requested. FISCAL IMPACT: None at this time, when an actual negotiated contract is brought back to commission for approval the impact to the Golf Course Fund FY 2011 -12 budget will be noted. Staff anticipates the contract price to exceed $25,000 (hence the RFQ), but hopefully will not exceed $75,000. Golf Course Reserve Funds will be utilized to fund this contract. ALTERNATIVES: Not approve the ranking by staff and direct staff to re- advertise. 73 of 757 I lu C" C c LM > g: k .1 21 NOR I 19 =I I z 0 z 0 w uj C.) w l =I A oo � \ \ / z n / M / E E 0 C LU E 0 IL, . E2 E 0 LL] C" C c LM > g: k .1 21 NOR I 19 =I I z 0 z 0 w uj C.) w l =I A I 7 0 757 z LL] ui 2 Ir w L, Z w (L 0 Li 0 0 z < < 0 0 < 2 F- z z M LJ L) < w M 0 LLJ z 2) cn 'z W L.Li 0 r w w 0 � z uj 0 �c — L-Li 2 0 U- a Ld z U) LL (n co y I 7 0 757 I I 15 F E 0 ro T z [2 IT w ■ O O LL 75 of 757 I El d F \ \\ g o 1 6 S E .1 76 0 757 I - E 0 (D :s LD ID L 9 0 I v fff . 1 I . 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I I '1 . 1 ui co CL M U- D U) !Z w z (D UJ 0 0 w m w Q z cn — I 77 0 757 w m U) ! k k ) \ \/k k L �))]\ � / \ \ / { / k D k § « E � P }/ Mmmmmmmmmm2 M =2 sommmmmmm8 78 of 757 / 3 g z ( � i B Ld LLJ \ \ \ \ : \ LL Z 78 of 757 / 3 g z ( � i B I k k / k /�� / \ � LD w WKW am .9 79 0 757 • • cm U) co (n U) U) (0 U) U) U) U) U) (n w w w w w w w w u NE !9 . 2 12 1 - 2 ' E 0 = m 2 12 E LL en U) U) 0) U) U) U) U) tx - 12 w w w C C w LU L.0 w w LLI Li ui U > l >- E d tm Cd : s 21 E2 LD 3: w E E > O p E 1 U- e XF U) (0 U) U) 0 (n V) 0 U) cn m U) •5 W W w w W W w w rz >- >- ). >- >- z LLI w cv U) LU Z z M m LU ❑ C3 z L) 0 0 CN Ix w z z V) 0 LU 0 w LU w z co U) W W CL 0 z z < < ®: C , 0 uj < M < U- LL 0 3: m Z 0 0 0 FL < ® cn D W m LY P (t n U) z :5E < �c z z < C ' J Z < 0 (n 0 w w 0 :F 0 D LU w N LL < 2 ❑ Ni ❑ 0 M 0 CL uj w w Lu z :D 0 n. z z 0 vi Li- < 0 W000WO z O 0 M Z < w 0 > 0 z 0 �- 0 D❑ 0 IX '❑ LIJ :E w :R z w w W _j W 0 W L W -7_ w 0 w Lu Lu 0 w LL 0 LU -J M -J M < lz LL 2 LJJ F W LL z 0 0 z to z 0 Of � 'o L C) Z) �: 73 5m D—O 0-2 0 2 he M IL z O Z C m ca m LIJ M L) M 0 m 0 w Cl) m y he U- LL Z) LL m < D X MM D R :5 Of LL :wn 0 L) d I m -- W U) t- cr) W U) m w CL V) 00 of U) < z < z 80 of 757 Cl) LU Go /0 � \ {) (-D 12 z E w 12 0 C LD I M 7 wx*xWj P. ME z z 0 0 81 of 757 z :1 Lu 0 U. 4) 0 LLJ Z S E LU w z 5 z LLI -i z ui 2 z 0 z w It 0 U. z CN N IL z 0 C Lij C� � A 0 �- 8 W LL D :D 6 CY 0 ■ z LL 000 U- LL LL ll C Of 82 of 757 I (D E2 0 6 E E .2 ca LD E E . F " fl . I r C 0 E 7. 1 I A 7W I 0 F— IJI LLI T— LO 83 of 757 L.L • • > ■ < • LL D • 0) —J z ch N i z :w • a Ljj • D w Er 00 LLJ 0 0 z IL (L 0 F— IJI LLI T— LO 83 of 757 I E 0 \ {k. 9 V, am . 1 I 84 0 757 12 C6 ro M I 85 of 757 I D 2 3 0 LD LF I « 4 .2 U.- cr a) (1) U) ri) V) (n cn uj w U > W > ca W ax 13 = is 86 0 757 =I I CO ui n of L.0 U) 0 z ce a- LU 0 m (f 86 0 757 =I I w Lij a: V) ai d E Q 12 LO / � k / 0 I*N U) z 0 0 Of LL CY 87 0 757 WF4 IIAIIIARVOf RFQ 043-2911-12/TWH April 10, 2012 Absolute Civil Engineering Solutions ACT Engineering Arcadia Bureau Veritas, N.A. CH2M Hill Dunkelberger Goo Syntac GFA International GLE Facilities & Environmental Global Environmental H.S.A. Engineers LANGAN Engineering Terracon Consultants Nova Engineering & Environmental PSI, Inc. R.J. Behar Sphere Environmental Services Universal Engineering Services URS Corp. Scott Mark Wahlin Bobich Bevis Pigitt TOTAL RANKING 75.00 58.00 41.00 174.00 100.00 100.00 100.00 300.00 1 95.00 93.00 92.00 280.00 91.00 85.00 88.00 264.00 100.00 90.00 100.00 290.00 85.00 85.00 70.00 240.00 95.00 73.00 82.00 250.00 90.00 150.00 64.00 234,00 93.00 78.00 70.00 241.00 88.00 78.00 84,00 250.00 100.00 98.00 98.00 296.00 2 95.00 73.00 80.00 248.00 88.00 85.00 73.00 246.00 90.00 85.00 65.00 240.00 81.00 80.00 60.00 221.00 93.00 85.00 93.00 271.00 95.00 100.00 90.00 285.00 90.00 80.00 77.00 247.00 100.00 98.00 98.00 296.00 2 88 of 757 NI ENVIROMMENYAL & AM Mr. Tim Howard City • Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 R. Jeffrey Kincart Vice President Corporate Office 1875 West Main Street Bartow, FL 33830 (863) 533-2000 Telephone (863) 533-1991 Facsimile RE: Request for Qualifications for Environmental Engineering Services for The Links Golf Course RFQ No. 043-2911-12/TWH / A-C-T# 7895.12 A-C.T Environmental & Infrastructure, Inc. (A-C-T) is pleased to submit our Statement of Qualifications (SOQ) to the City of Boynton Beach to convincingly demonstrate to you that we have the necessary Drofessional aualifications. exr)erience. and cajAilwties to oeei, 1W iiewceid, t�e renuire if e for providing sife assessment and suosequent reporting accoraing to Florida Department ot Environmental Protection (FDEP) standards. IMMM imm makes A-C-T your candidate of choice. We are a privately owned, "Florida-based" company that will provide Boynton Beach with a sustainable, consistent, efficient, financially sound, and sincere commitment to excel. a s NUMN M I_1F;VUF& I UF IF11 Uj UV_—,FJ.lJ1lbllt!F 01 LE NVINK N'e dill ed tion as one or Aonaa j — re - McIT - 61'076 — est — C6mjooniestoWbrkFdr2010and2011. With A.C.Ton board, you benefit from a breath of fresh air, creativity and innovation coupled with a wealth of experience and demonstrated solid perrormance. A-C-T is ready to hit the ground running and is committed to delivering an exceptional product! Mr. Howard, all • us at A.C-T appreciate this opportunity to submit our qualification package, supporting information and experience for your review. We are extremely confident that there is no better-positioned or better qualified, Florida-based, responsive, full-service firm than A-C-T for this to FDEP with quick and efficient response, with minimal disruption to facility operations. A-C-T Environmental & Infrastructure, Inc. Engineers - Scientists - Contractors - E neigency Response'rearas 89 of 757 -2- . MCC 7F.MiMIRM brief, If Oou have an o uestions or re�s uire addutional information lease contact me directl M0 90 of 757 Federal I. D. Number: 59-2855464 A Corporation of the State of- Florida Area Code, 863 Telephone Number: 533-2000 FAX Number: 533-1991 Mailing Address: _1875 W es t Main Street City/State/Zip: Bartow, Florida 33830 Vendor Mailing Date: 3/26/2012 ^uthorized Signature R. Jeffrey Kincart Name Typed z 91 of 757 A D D E N D A RFQ'ffrLE: Environmental Engineering Consulting Services for The Links Golf Course RESPONDENT: A-C-T Environmental & Infrastructure, Inc. DATE SU13MITTED: March 26, 2012 in We —onixaci rorm, L'S V Lill transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Kristin Guira, Proposal Manager and having examined the project site (when indicated in these specifications to do so), NZ propose to perform the work of this Project according to the Contract documents and following addenda which we have received: ADDENDUM DATE ADDENDUM DATE #1 03/05/2012 #2 03/19/2012 go 92 of 757 The City o f Boynton B'I THE LINKS GOLF COURSE" A•C•T Environmental & Infrastructure, Inc. Kristin Guira PRINT I 03123/2 MYNA WIMEW • Y NO Gu i t"„ TIVE 93 of 757 Procurement services r 100 E. Boynton Beach Boulevard A O. Box 310 Boynton Beach, Florida 33425 -0310 Telephone. (561) 742 -6310 FAX: (561) 742 -6316 THE LINKS GOLF COURSE" A•C•T Environmental & Infrastructure, Inc. Kristin Guira PRINT I 03123/2 MYNA WIMEW • Y NO Gu i t"„ TIVE 93 of 757 The City of Bo Bea • ! THE LINKS G .! � �: ! ■ ! !1 � Kristin Guira 1r ?k *1yz11 `a 04;2a =Ma2 11 r_1%i►Yj PRIN NAME 94 of 757 Procurement S¢rvices r, 100 E. Boynton Beach Boulevard " ` P. a Box 310 + Boynton Beach, Florida 33425 -0310 Telephoner (561) 742 -6310 0 FAX.- (561) 742 -6316 • ! THE LINKS G .! � �: ! ■ ! !1 � Kristin Guira 1r ?k *1yz11 `a 04;2a =Ma2 11 r_1%i►Yj PRIN NAME 94 of 757 STATEMENT OF QUALIFICATIONS instruction may be reg ed as justification for rejecting the RFQ response, 1. Name of Respondent: A•C•T Environmental & Infrastructure, Inc. 1875 West Main Street 2. Business Address: Bartow, Florida 33830 1987 3. When Organized: Florida 4m Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 25 years 9. Background and experience of principal members of your personnel, including officers. 10, Bonding capacity. $10,000,000.00 Have you ever defaulted on a contract? If so, where and why' No THIS PAGE TO BE SUBMITTED FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. SEE SECTION #5 OF WRITTEN RFQ 9 95 of 757 Project $ Value Contact Name Phone# Plantations at Honey $150,000.00 Gary cCumber 9041669-2931 Branch is 2100 Dennis Street $450,000.00 Rolf Toe 904/389.7274. Brownfields Site Indigo Lakes Golf Cource $700,000.00 Geary Leathers 407/361-7386 I . Contracts on hand.* 68 14. Largest completed projects (include fi nal cost). I) FDOT District 5: $9.000,000.00 2) FDOT District 7: $8,000,000.00 3) Progress Energy; 3.200,000.00 15, List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * I ) arose from performance: * None 2) occurred within the last 4 years: None 3) provide case number and style: N/A (printed or typed) Title- Vice - President PM 96 of 757 ANTI-KICKBACK AFFIDAVIT SS COUNTY OF PALM BEACH this 23rd Day of March 2012 MUSIDEITD C01 9\ ff0'.4,CCEPTABLE � @ 97 0 757 NON COLLUSION AFr41DAVIT OF PRIME RESPONDENT mmmum being first duly swam, deposes and says that: 98 of 757 fill Mw IV-,mul cax-svu test .4 you UUXIFMIJ. ruzu" this form with your submittal sheet making it an official part of your RFQ response, Is your company a Minority Owned Businm? Yes — No x If Yes, please indicate by an "X" in the appropriate box: C. I 111: 1 11 1 1 IIIIN IIII!IIFI I iiiiii! IFIFIIII !III:IIII III YES NO X If YES, name the Organization ftm which this certification was obtained and date: N/A IR 99 of 757 AMERICAN INDLkN ASIAN BLACK HISPANIC WOMEN OTHER (specify) (X) NOT APPLICABLE C. I 111: 1 11 1 1 IIIIN IIII!IIFI I iiiiii! IFIFIIII !III:IIII III YES NO X If YES, name the Organization ftm which this certification was obtained and date: N/A IR 99 of 757 im 100 of 757 ACKNOWLEDGMENT OF The Proposer is aware that the Inspector General of Palm Beach County has the authority "W and lower tier subcontractors. mi''IWANS "M lo,'Nl a iffill I 7 TV 4 ; be a material breach of this contract justifying its termination. A-C-TEnvironmental & Infrastructure, Inc. By_Z I Title- R. Jeffrey Kincart, Vice-President Date: March 23, 2012 ANNANUt M 101 of 757 r4 0 I I 2 m 102 of 757 M-0 CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of March 2012. EXPLANATION OF REQUEST: Per Ordinance No.01 -66, Chapter 2, Section 2 -56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for March 2012: Purchase Order Vendor 120694 FL Bearings Inc. 120695 TJ Bowles Electric Co. 120700 M & M Asphalt Maint. 120706 Talley Walker Svcs Inc Amount $ 14,299.00 $19,400.00 $12,994.00 $ 23,446.00 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01 -66, Chapter 2, Section 2 -56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for 103 of 757 these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None 104 of 757 CITY • BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 I IF FOR MARCH 2012 6iource for Purchase; Three Quotes Fund Source: 403-5000-590-96-Q5- 3 Vendor: M&M Asphalt Maintenance, Inc. Purchase Amount: Requesting Department: Utilities Contact Person: Michael Low Date: 3115112 Brief Description of Purchase: Asphalt paving after replacing water and sewer lines on Barista Way. Source for Purchase: Three Quotes Source for Purchase: Three Quotes Fund Source: 172-2712-572-63-21 Vendor: Purchase Amou Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 105 of 757 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 1•• EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 120694 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/13/12 W P • �4 . � kvvwsw�# REMARKS: REPLACEMENT PUMP & MOTOR FOR WASHWATER BASIN @ THE EWTP. PROCUREMENT SERVICES: P.O. TOTAL: 14299.00 ACCOUNT No. SEE ATTACHED QUOTE #W3*151264 403-5000-59D.96-02 WTRO17 14299.00 IRRM M, 106 of 757 SHIP TO: COST TO: FL HEARINGS INC. City of Boynton Beach 150 SOUTH PINS ISLAND RD EAST WATER PLANT STE 260 1620 S. SEACREST BLVD. PLANTATION, FL 33324 BO ON BEACH, FL 33435 kvvwsw�# REMARKS: REPLACEMENT PUMP & MOTOR FOR WASHWATER BASIN @ THE EWTP. PROCUREMENT SERVICES: P.O. TOTAL: 14299.00 ACCOUNT No. SEE ATTACHED QUOTE #W3*151264 403-5000-59D.96-02 WTRO17 14299.00 IRRM M, 106 of 757 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1.00 EA 12WC-2STG TURBINE PUMP 11549.0000 11549.00 American-Marsh Replacement Vertical Turbine Pump for Washwater Discharge Application. Includes: A-M Vertical Turbin Pump MID Design Conditions 1250OPM @ 40ft, Cast Iron BRZ Construction, 304SS Impellers, Bell Suction w/Galv. Strainer Basket, 1-3/16 Column & Shaft Assy W/416SS Shaft and Couplings, TR8C Cast Iron .Discharge Read w/Packing Box, Ixicludes 12HP 12DORPM 3/60/236/460 VHS Motor , .W/WP1 Enclosure (TEFC) Premium Efficient, NRR Assem. 2 1.00 EA REMOVAL & INSTALL 2750,0000 2750,00 kvvwsw�# REMARKS: REPLACEMENT PUMP & MOTOR FOR WASHWATER BASIN @ THE EWTP. PROCUREMENT SERVICES: P.O. TOTAL: 14299.00 ACCOUNT No. SEE ATTACHED QUOTE #W3*151264 403-5000-59D.96-02 WTRO17 14299.00 IRRM M, 106 of 757 cm Y8 cm a, Ln Ln E, o a m O Otn Ln Um rn U o 107 of 757 C. 1- z W co N W z H W H z 0 H E- H H W C7 H z Om D P z ea .0 > E- W p z M Ln L x z 0 U MP E- tD 0 H N p H a:Q � 0 H ca H H HUH ZH P3 n HE- Z P4 m 04 > p4MOOT 0 co m d+ z .M :> ol z H k4 }4 Doo z 0 1% 0 to I 0 0 C� E. p U 0 rl 0 ch I W rd H mlo H 1-4 Ln N cq c6 u ri EQ ul U .14 .14 X x 0 I r 0 z MH Q)H 0) F3c4jo4j Z 0 m po: H U) 0 0 0 0 ID Z �O o 0 m P4 W C) H 9 0 0 In P r (Y) 0 0 0 0 N W Ln 0 0 U U H 00 H C j r� Z R 01 04 S ro:l CY M z > 1 14 Is H p4z H 04 x N El H r-I 0 U E Z m 0 0: M > Pi Q W w Mz ul 4J 0 00 w 44 S4 W 04 M 04 rj) M P4 M 01 0 ED ro 0 -4 1-4 � H -S M N -4 'n u m W 01 w 0 w 01 u : m �, 9 () . r �jm H > Cy En ix W OM 0-1 OP �m dMN WW fdoewl-AU I-qD:a)EnH u-ll 4 H a) - U-, (0 C4 Co. ! 134 H 'I VE4 14 UJQ� PP40 ex 0 1 _W Iduiv ww" 4H F-I En HUNED -lio k 4M 9 ul m 0 . 04 0, w w M b4 MH X P4 W U 94 U P'$ (D I PIo 0 Z Ix U N U 4 gc D4 1 IH4J l 0 V,� 04 (V :*'N d) U tDC04J M M H P4 0 w Hmcim -AHM H M 0 ua U � H 0 E- W P8. d @d w ZM00XEI)M4.JNV44 H M HWMNM" -W .4 P, M El MN- ookw3owHm OHM EIM 404 -,A M'- � W a) r-I 11 (d M Q)o-,j M 0 (d" , 0 k M Ww 15 H H 0 ME- (n -H v w -- WS 0 H E. 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H 04 1 14 Is 6 u P4 94 cm Y8 cm a, Ln Ln E, o a m O Otn Ln Um rn U o 107 of 757 C. 1- z W E. z H W H z 0 H E- H H W C7 H z >io WO P z ea .0 > E- W p z M E- N 0 C4 x z 0 U MP E- tD 0 z 0 - H p H a:Q � 0 H ca H W H E� W 0 Vd PEO 19 XGURSM ffill 11 lO8of757 VENDOR INFORMATION: AWIT 611010 OTHER INFORMATION: Procurement Asst: Name: Florida Bearings, Inc. 'Admin. Address: 3520 Investment Lane #3 Construction Date Needed: lO8of757 VENDOR INFORMATION: AWIT 611010 OTHER INFORMATION: Name: Florida Bearings, Inc. 'Admin. Address: 3520 Investment Lane #3 Construction Date Needed: Confirm. Riviera Beach, FL 33404 Cust. Rel. ASAP/Conf. American-Marsh Replacement Vertical BACKUP DOCS. Phone (contact): Eric Doverspike Qual. I QuotesNerbal E. Ad iin. 4 �Jover $500) Phone 561-863-3260 Pumping Quoteswritten Fax: 561-863-3262 Application. Includes: A-M Vertical Turbin (over $2000) Vendor Number: 1083 Bid Does. W. WTP 42 Meter Serv. Sole Source Ltr. P/U 99 (A Sewage "Insurance Special Instructions: Project Number: lO8of757 Description & Part Number American-Marsh Replacement Vertical i Turbine Pump for Washwater Discharge Application. Includes: A-M Vertical Turbin Pump MD#12WC-2STAGE, Design BRZ Construction, 304SS Impellers, Bell Suction w/GaIv. Strainer Basket, 1-3/16" Column & Shaft Assy W/416SS Shaft and Couplings, TR8C Cast Iron Discharge Head w/Packing Box, Includes 12HP 120ORPM 3/60/2301460 VHS Motor WANP1 Enclosure (TEFC) Premium Efficient, NRR Assam. 4 REMOVAL & INSTALL lO8of757 t V I'# vi lvvwxhlwff�! i VENDOR # 1: Florida Bearings, Inc. DATE: 1/10/12 CONTACT PERSON: Eric Doverspike PHONE NUMBER: 561-863-3260 QUOTE: $14299.00 VENDOR#2: AMPS Aquifer Maintenance and Performance Systems DATE: 2/17/12 CONTACT PERSON: Jim Murray PHONE NUMBER: 561-494-2844 QUOTE: $14566.00 VENDOR #3: Atlantic Enviromnental Systems, Inc. DATE: 2/16/2012 CONTACT PERSON: C. Kerry Prugh PHONE NUMBER: 561-547-8080 QUOTE: $18375.00 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. 109 of 757 17 URM � rma;r =Ts A - 4 4 M�M M = vnzff��M Source for Purchase (check and attach backup materials): Three Written Quotations EJ GSA State Contract PRIDEMESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: it Fund Source for Purchase - WTR01 7: 403-5000-590-96-02 M 110 of 757 Company: CITY OF BOYNTON BEACA 100 E BOYNTON BCH BLVD PO BOX 310 BOYNTON BEACH, FL 33425 M awfiliTill www.floridabearings.com 111 of 757 TERMS - SPECIAL INSTRUC71ONS M awfiliTill www.floridabearings.com 111 of 757 Company: CITY OF BOYNTON BEACH Contact: BEVIS PIGOTT 100 E BOYNTON BCH BLVD Phone: 561-742-6420 PO BOX 310 Fax: 000-000-0000 BOYNTON BEACH, FL 33425 Email: pigottb@bbfl.us SALESPERSON ll2of757 ll2of757 113 of 757 Company. City of Boynton Beach C Possible replacement for Sulzer SJT-1 3 Name: CHC Date: 11121/2011 Pump: Size: 12WC (2 stage) Head: 40 it Type: 480 VRT-TURBINEIENCL Speed: 1160 rpm Synchs : 1200 rpm Dia: 9.4375 in Curve: 4777 Impeller: Spedfic Speeds: Ns: 3843 NPSHa: -- Nss: 7316 Dimensions: Suction: 8 in Standard: NA Discharge: 8 in Vertical Turbine: Bowlsize: 11.8 in -- Max lateral: 0.75 in Sizing criteria: Max Power on Design Curve Thrust K factor: 16.2 lb(ft Pump Unihs. Temperature: 250 ®F Power. 450 hp Pressure: 584 psi g Eye ares: -- S size: 1.375 in 80 10.0631 70 60 50 40 30 20 10 n 30 9 20 10 Z 0 200 400 600 200 400 600 search Cftdw Flow: 1250 US gpm Head: 40 it Fkjld Effidenicy Water Temperature: 60 *F SG: I Vapor pressure: 0.2563 psi a Viscosity. 1.105cp Atm pressure: 14.7 psi a NPSHa: -- 41.1 motar: 1000 1160 Standard: NA Size: 20 hip Enclosure: TEFC Speed: 1200 -- Frame: 286T Sizing criteria: Max Power on Design Curve PerlIbirmance Evaluadon: Flow spead Head Effidenicy US gpm rpm it % 1500 1160 32.1 76 1250 1160 41.1 79 1000 1160 44.6 74 750 1160 — -- 500 1160 25 hp 20 hp 114 of 757 QUOTATION \� \ \ °\ � � � : 9�� AQUIFER MANIMMANCE AND PERFORMANCE SYSTEMS mv City of Boynton Beach cllf 4v Boynton Beach, FL 33437 Attn: Phil Taylor (561) 742-6299 FT �,» « ±»* �# pwwl 3,995.00 795.0t, 70.00 361.00 450.00 500.00 P u ti 41 1 Nit 07MIN don't hesitate to call. Thank you. Jim Murray President FOR YOUR TOTAL PUMP AND £££ £« NEEDS ABOVE QUOTATION GOOD FOR 30 DAYS. 115 0 757 ATL ANTIC ENV IRONMENTAL S INC. 2244 0 AVE. N LAKE WORTH, FL 33461 � Ci ty o f Boynton B ATT East WTP E -Mails bang an bbft.uz 561-742-6429 SUBJECT: Repaicement Clear Vertical Turbine Pumps �i err 1TEM: QUANTITY- DESCRIPTION: COST: A 2 LOTS REPLACEMENT VERTICAL LINEHSHAFT TURBINE PUMPS WITH EACH UNIT TO INCLUDE THE FOLLOWING ITEMS: N 1 I I l i I I i INCLUDED FOR ABOVE. SHOP DRAWINGS, 0 & M MANUALS, START-UP SERVICES, W ARRA NT Y VALID NOTINCLUDED: TAXES, ABOVE GROUND PIPING, CONCRETE, CONDUIT, ANY ITEMS NOT HE ME NTIONED. 116 of 757 8WAKER Cornpany. Hydraflo Pumps USA,, Inc Nan Marcus Daschner DOW 1212011 Purnp Size: 12MC (I stage) Type: Vertical Synch speed 1800 rper Curve: 111611 Specific Speeds- NSTM7= f r I ftwered By UPUMP-FLU 70 &8125 in 60 Da PRIM M9 11111111111111111lM MW Search Criteria: 1000 1250 1500 1750 2000 Floor. 1250 US gpm Head. 40 It Srxred: 17tO rpm Fluid Head Chia: 8.8125 in P CL Impeller: 12MCSSENCL. Water Temperature: 68'F it Density. 62.32 lb/ftl Vapor pressure: 0.3391 psi a Ns: Viscosity. 0.9946 cP Alm pr re: 14.7 psi a Nss. NPSHa — 16M Suction 101n 1250 1770 Discharge: I D in otiuriw Motor 750 BoM size: 12 in Standard'. NEMA Size: 20 hp Max lateral: 0.625 in Endosure: TEFC Speed 1 WO Thrust K factor 12 IbIft Frarne, 266T Sizing criteria Mau Power on Design Curve PaNer. 350 he Eye area: 26.2 in' 70 &8125 in 60 Da PRIM M9 11111111111111111lM MW 250 Soo 750 1000 1250 1500 1750 2000 250 500 750 1000 1250 1500 1750 2 O 90 80 70 60 50 IE 40 30 20 10 0 250 500 750 1000 1250 1500 1750 2000 US gpm z Head 0 P CL ft to hp it 346 0 0 Pedormanoe EvWusifion: Flow Speed US gpm rpm 16M 1770 1250 1770 1000 1770 750 1770 500 1770 PUMP-FLO 10.6.1.0 14,5 250 Soo 750 1000 1250 1500 1750 2000 250 500 750 1000 1250 1500 1750 2 O 90 80 70 60 50 IE 40 30 20 10 0 250 500 750 1000 1250 1500 1750 2000 US gpm Head Efficiency P NPSHr ft % hp it 346 77.3 17 311 405 75,4 16,9 25.2 45.8 71 16.3 24,5 50.5 66.3 15.4 24.5 55.1 616 14,5 24.5 e lected from catalog: Hydroflo V&S Pumps 6011z 112211 Vera: 16.5 117 of 757 GENERICDES(MM6N Mmlifiie.1 P 4Cyrnainc Epoxy COM USAGE High : o€ s!., c oat ng eA,kh offers hiGh- 'naffed 19, parse �-;a na aw• txcrilcim eorur iiin r - islar. !, For use m th, iniedor and " t'ily' of fail or Qeincrere Larks. tv.1"raoini, pipes, valy , puraps and r€issihaliem in por;alxir'eiater sereiee m "'ll av other steel rand aoncrew sufmtratsx. COLONS " MOM F . 61 .rider: 1211 R_d, L2 Beige, 33C;R Gntp, �_15C;R BL,ck rant W H63 Off NbW Other colors may he axailahle for non xX'wble: water appliie;aGoe1, Contact yestir lberner, reprreunuaive. Minimum crrdee r'eyuiferndnes tiraav apirky_ Pie. k tu>_'xi �s detUr with Cxwnsicd exritmurc In ,suralgly, Snack of v n ikaiaci, inerampiete ituxi.ng. naiscawly:otdnn or th, .r, of li4e:rm fliat vini °. C rif:itidt trwi cianxtri nit Snnxi "X during applli.ation and b idai %;ages of curing rmq . :ttl :i6' yellow; -- ; to QM.cur. SFECIAL QUALIKABONS C,rtifieai by MF Intemadoffal in .:rcr,rtitsnrQ^ al¢1a NSF AN SI Std. 61, A nblent air cured S. ie.. 1 it j., skualif ed ft us, ten mrkr nd re.-r m, of LMI g9:alksn.s 43 7qj LG raj% :C4rc or grc;,tee, pipes fiaur C_a) meters Clti snit 4x1 diameter eir gm awr a %a rnh't. two a?7 inrhts t`a rat ire a.1Anrc :er or gdreawe (Sonknitios ter A A 4 102 brMAIde SylittflM No, I and No. 2, Conforms ti, AIWWA C 210. Corum v ®••sr Ti,invi re•ixesmiad f., and 'ttididonat4 inroml: €citm iterure - tire e12c' Gt.,re.�L nn i.'rrhvv sect : .an ct4 11, Ns° w r.nitc� rt "N. .nnr.org; lice ctrt."Ats can :Ice nui inattll "'HOW- DF L PE FN CE(RH RIA Lxoun ve ,Cti' dia, :.r:,S ble. Cmrr ; k1mr Twines' `t temik %6. PR IMERS SM& SeV- peimingr, 1 0, FC20, 7, 37H, 1,69, %'ze7F. ,"1169, R09F, VISA, V69F, 90-L92. 90 -9 91- 111<), 4 "x-1120. 135, k.I•M, 1,140F, 741-0, n17-t0Z `, 140 ViitkF'" 394, 1 ;30 .Self•pdviring, fib, FC20. 27, 1.69. Lfr)F, N69, N69', Via). VOY, 1.1 W, 1,1401', N140, N1 -'ff, i'140, V140F, 215, 218 : S„11= pr,'mies err ti-r- 1311. 2E5. 218 YOPCOATS Fhtt edor Seven :3, 1:40. IdB'�. 1rpIj:, je=5. k075t , I0{tt}. U18 . Wier u; COL0W on Ipplicabir tope rat —1a sfivem ffse' .ui16t-11 ierfier tium I bom. III, rolkox :re.t rn."drturn recc,ae tired apl - A -z:; o - font usin- Series '73, lfsn, 147'1, I07W. MS. 1±4 - 51.% 1080 or 1081: Veiny 1,V) <Iai, it tisr : :uve iima i^. ccct- •e.;ae.3, '3rrars t tl tuuss re uriforreily x:.nflix{ fxi¢rr to I rpsxxtrang ;. PREMED SQL himmadw Smittlee S-riv the series 206 FC2`!. Iri9, L69F, Nbei u09F Vhp,, x69F. M40, L140F. N640. N1,01'. Vlf io1 or V!4k' prinxe er a'u fate hp tre"'114z10- v1ing; caith fine a5ul 'M' hwfore wfit 7a ing ii`i tsrtx %ieeta vmitrk"'Xie'n ci fer'ao rises or longer' wid i A 1, the° six%111cet tcsgx'Qa €;, STEEL C tiS fe S1'S0.•NdCE 2 NeaeWWre Blasz (leaning with a iainhanni a !,clear axt¢4xa profile or 2.0 niiLs N ` ; S;rPC7 -SP6 ACR 3 C, mentel ial I4fa.+t Cleaning "Ifl, a aurni taum ang uku anchor profile of 10 rape CONCRffE kNow 1st cure for 2H days. Abr-ice Wrist refeceriring; `iSPt.-w1 1: MACE 6, MIS C S'll 3 -5 Surface lImparttion of Concrete and Tneaiec` 4uria ca• Nrira a[kan end AppllccaUon GrAdc. ALI SURFACES M ,nt he d—n" dry arw noe «! ssi1. go , a hall racl calo r c c x titre ran w. vowif S lDS 5_ : _ ! .G: :, ¢nare"d i + RECOMIENDE DFi ,.a) to €A.4 mina t I;Io ui 157 macronsi a one c ou :. M Iba'krrss requinm"nty a "ift rang a'lili sera :rare. arpp c. taein ,rethod and cape - 'airs:. C ortcart 4 Traena c: xepreszant;tdrr. M,orl s urn arg' f%I%n the vkne,sa lur LW' eagxarurc is Mo mil'. LUPJNG RMEOT5 AULS DFT 5 /26/2009, 6 in�atea to , i 1c. ''` `" ` t ' 1 f ;. ¢ t, dm." I t r r r t n a Pus of 2 Y A ! it :..,e "i f -rr L._ :t 'T " r. (e cam' i ,..0 .t[a_ _t Q. ,, m , nv c d, via 1 s r., a q—, <— at 118 of 757 C uring ".ttic' "n'nrie, x'ril_ sjrf re C arrpt °I "aE -ICN. n" net, eY'<, nt, l atrnW :.oi film lhi, krx: :. 1tot& For pi(}_ emit "'k e _i>pitc aflon', of i", iv dnv" t ".1rQ•.'I'54F 7'I'cl prior cc, 917 F432. n 3 hours i hours 1 &,' x 75 F' u houm 5linu€. ?ektc, 65 t 18" C;i hous.s 9 hour" 8 &p, Try` I'Ct 13 hourn IH hours 9'hiv.s 45 P (" C, 20 hourts 'n.i hlAre; 13 WING RATIO Art 22 hr i2 Nino, 1S ✓.Fl C.4 5 /26/2009, 6 in�atea to , i 1c. ''` `" ` t ' 1 f ;. ¢ t, dm." I t r r r t n a Pus of 2 Y A ! it :..,e "i f -rr L._ :t 'T " r. (e cam' i ,..0 .t[a_ _t Q. ,, m , nv c d, via 1 s r., a q—, <— at 118 of 757 C uring ".ttic' "n'nrie, x'ril_ sjrf re C arrpt °I "aE -ICN. n" net, eY'<, nt, l atrnW :.oi film lhi, krx: :. 1tot& For pi(}_ emit "'k e _i>pitc aflon', of i", iv dnv" t ".1rQ•.'I'54F 7'I'cl prior cc, VOLATILE ORGANIC COMMUNDS EP 1 NIrd axa s t Tlihmed 4 4. 75 f }Xvltallon €' g'.rn"Li €red Thimmid 5 5*. 0.8, [ta;'g. akxtr_ (501 ornnitijliire3 10%.= Lea 16, gaHon 0153 agn -iii Bird'? #TAPS tI • 1..: ti : ;.'Sed scrfl+ls 5 5962 1.6 41), /gal ,mAidis ✓ : 1.9 11sN'€zai soki&l nn�vt�a� YN��ggeennttep�tt THEDRE11M COVED GE 7,315 mil � ft/e;_al {,iZ 2 ni'/L m 25 1tlkC' xxeib. See A1'1'1 YCATIO N for t m er:age NUMBER OF CONMENTS, •twos 1 A taaninet and }3 err li (ep6 eel WING RATIO L7esolumee'InI, .... c(P 5 /26/2009, 6 in�atea to , i 1c. ''` `" ` t ' 1 f ;. ¢ t, dm." I t r r r t n a Pus of 2 Y A ! it :..,e "i f -rr L._ :t 'T " r. (e cam' i ,..0 .t[a_ _t Q. ,, m , nv c d, via 1 s r., a q—, <— at 118 of 757 gyAdIL0 C :-;)PUfi1P5 Engineering Facts 'Reak?e Me ftnr oi Stainlew www.hydroflopumps.com Lost Wax Investment Cast Stainless Steel Impellers 1, Lost wax hivestment castings are superior to all otherimpeffler castings, i A. The smoothness of the casting ancreases efficiencies. j B. The wax is injected into a stainless pattern, thus a perfect Moid each injection. C Sand castings wifl have core, shifts, increased void areas, and rough siwfilces. Offshore Fire Pumps 201 Stainless 2oiSS Brinefl 215---280 3o4S, Brinefl 212-2 3b. SS Brinell 150-190 3,tiiSS is the better.material against corrosion, bUt 201&S is best in abrasive applications, I Hydroflo Pumps USA, Inc. 7118 Loblolly Pine Mad. FWrW9w,TN,37062 Phone: (616)799-9662 Fax: (615)79Q-fA54 119 of 757 ffy,NJTNG PLN4 Vrf'KfJ5�W Dukr'An SY fkkp "DAFLO PW4 I , o.00 77.S4 EINMEEEM Type Vertical hollow shaft .Volt/Phose/Frequency :460d316()Hz UNLESS CERTIFIED Motor 0,00 Ils Bowl Assembly 540.0 lb Discharge Head 520,0 lb Column 258,8 lb total 1, 1.318A lb prole so Iinfa USA,443 Project Name Duplicate of Thl 1839 Customer Atlantic Environmental Systems, Inc. Item number :001 End user Project site Date last saved - . 06 Dec 201 g l 120 of 757 Inquiry Numbei/lD Item number 001 Service Quantity 2 Flow, rated 1,250,0 USgpm Differential head / pressure, rated (requested) 40Z0 ft DWerential head / pressure, rated (actual) 4035 It Suction pressure, rated I max 0.0010 °00 psi.g NPSH available, rated Ample Frequency 60 Hz tNi It "' 1& X' L, "Y-T Speed, rated 1,1'5 rpm Impeller diameter, rated 9.21 in Impeller diameter, maximum 10.00 in Impeller diameter, minimum 8.50 in Efficiency (bowl I pump) 78.12 175.77 % NPSH required I margin required 11.55 IZOO ft nq (imp. eye flow) J S (imp. eye flow) 71 / 134 Metric units MCSF 487.7 USgpm Head, maximum. rated diameter 72.73 ft Head rise to shutoff 72.93% Flow, best eff, point (BEP) 1,202.6 USgpm Flow ratio (rated I REP) 10195 % Diameter ratio (rated I max) 92.13 % Head ratio (rated dial if max dia) .74.42% Cq/Ch/Ce [ANSIA-11 9.5,7-2004] 1.00 11 A0 I °I.00 Selection status Acceptable CCAX S Sulzer Reference ID 'USA.4432-NVVW.1 1 1071-F Type / Size SJT-13CHC Stages 2 Based on curve number SJT-072-004-62 -11 -10 Rev Power (bowl / pump) SJT-13CHC Date of Last Update 06 Dec 2011 11.49 AM - 777, 7 ..... . . ..... .. 1 11 1 4 1 1 & 1 1 61 (�IiC ' L� 'I ' l l I ' l l 1 Liquid type Water Additional liquid description Solids diameter, max 0.00 in Solids concentration, by volume 0.00 % Temperature, max 68.00 dog F Fluid density, rated I max 1.0001 1.000 SG Viscosity, rated 1.00 cp Vapor pressure, rated 0.34 pai,a maximum catinngiriced worKing pressure: xI 4( PSL9 Maximum allowable working pressure 430.O csLg Maximum allowable suction pressure 150.0 psi.g Hydrostatic test cressure 47.00 risro sizing is*acinrarmn maximum power Margin over specification 0.00 % Service factor 1.00 Power, hydraulic 1327 hp Power (bowl / pump) 16.99 116,99 hp !Power, matrimurn, rated diameter 17,32 no Minimum recommended motor rating :2000 hp / 14.91 kW 96 88 so 72 64 1 9 56 0 40 32 24 Is BovA performance, Adjusted for construction and V'SC'51tyd The duty point represents the hood at the discharge noozit, centerline. Z a 20 is 10 -7 200 400 $oo 800 1.000 1,200 1,400 1,600 1,$00 2,000 Fla. - USgp,. 121 of 757 CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.• . #: 120695 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/13/12 9�4 TO: TJ BOLES ELECTRIC CO. 413 N.E. 3RD AVE BOYNTON BEACH, FL 33435 SHIP TO: City of Boynton Beach ENGINEERING DEPARTMENT 100 E. BOYNTON BCH. BLVD, BOYNTON BEACH, FL 33435 122 of 757 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 6746.00 DL ELECTRIC VEHICLE CHARGING 1.0000 6746.00 STATIONS I NOTE: MUST MEET REQUIREMENTS OF ARRA 2009 AND DAVIS BACON ACT REQUIREMENTS. Locations. South side of Library, Amphitheater/Castle Park, Beach Lower Level, Fire Station #5 2 12654.00 DL ELECTRIC VEHICLE CHARGING 1<0000 12654,00 STATIONS - EEC BG FUNDS to-utilize Energy Efficiency Conservation Block funding REMARKS: ELECTRIC VEHICLE CHARGING STATIONS INSTALLED AT: SOUTH SIDE LIBRARY AMPHITHEATER /CASTLE PARK BEACH LOWER LEVEL FIRE STATION FIVE SEE ATTACHED QUOTE DATED 2/23/12 19400.00 122 of 757 PIRCAASE ORAPER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 120695 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/13/12 SHIP TO: TO: TJ BOWLES ELECTRIC CO. City of Boynton Reach 413 N.E. 3RD AVE ENGINEERING DEPARTMENT BOYNTON BEACH, FL 33435 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REQ/ACCT DATE REQ. BY PROJECT AMOUNT 0000056381 03/12/12 ENGINEERING /AM /RC GG0901 6746.00 30241015316201 0000056381 03/12/12 ENGINEERING/AM/RC ARRAW 12654.00 10736025726201 ------------------------------------------------------------------------ FaTlT.Qv.r-7TUT'rei 123 of 757 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 124 of 757 H \ H \ i w a i w W I LU ew rot u N H M H w 3 Pq t I M 1 ®" LU x \ M \ cn I W H u i _ UJ o o ® O O O c U � E� I H -4° U) O Q Q + w I I I w £ t I to N H 61 H 2 84 I w OW 44 �[Z7j I a U �r � I ! � w Q 1 OHM W C3 1i 1 I WHOCA + •�y�+ W mum w _ UL z 0 i o o a ar . u w I r LA ID 0 CL H i W N 01 M w s ri ri US z N O H U w W EE o o •. ooO H H Hen o o .a o 0 o c W co ` m W w r4 O+ + o o o o z O Ooo o 0 o r p e W� t C7 ® H I�-e a O �-+ H E o Ln r I E U y+ O HH ! H 001H I H o C4 s UI W r m !� H M �p0 C; U W W ri N I I W H C4 1 w I H E } w W W 14 Ch E i pq ya Q 1 I O U H U w`" E E z Ou rh 0 1 Q Q O! 1 WOw U z a', H z �x .°'- a W a I I W Fj Cn W W Ooz 4 W w z wC7WwW H w> E I o o iH NO KC E PI H NU IX H i + 1r cl+ U ul 4� O rE H e"7 E E d WU W s r: I a! h 1A w N H E E z H re Q . a t� W Q W W m E U7 I O H r.W U EUS Q� U ° � Q z 50 No € O 0 O W I U H a4 CO w M 1r U 0 1 4 W W H E E H o tlY U® rQ WI �7 �y N E p E 7 [.% I W ® CO] 01 , w w O W 9,a a O C C4 04 04 04 5' U "0 H.0 WX "0 MX H W w \ 1 E 0u Nb ww HE EU KC ww HE U] U1 C7C7H OU3 EpMIQa) 94M E9, wcn Z.? MZEHM O> MU O}1 HH HH w zm7 MU3 C NU3 : QQQQ CIJ C7 + c x W � a UJ 001 w 1 s4 as r7 0 z z 1 A zW G W WC% z•r1 WCJ i HHHH H H I HwW 0}4 Uz H U i 0 ° F 7OQ P4 W w W I i 0 H p.' 143 p 3" 004 U H 414 C -.i W C) W 4.q 1 I m p7 p7 pq ? w z z Q1 �ffi w U a W' n Gs CSI 6 }y�� 2 w 2 w s wE awEUroLn UWUCU WO m t ® 0 0 lO ad 0 MW M h W O ° Za E �N' 11 O O `• •• `• Q •° '° 9a Q I i LO Ln E H z H E d, O I H I U1 Ll •ri cj.m,EO r 1U N E® Y N O O O H U E r W I Ud,C Ne6H H 9 O.0 L Q U •.1 N H rl 0)Q H 1D O gp M E O H 1 w - AIJ M O O w-H COO U N r H C/1 as w+ E •. M J-I -P7 d � U E L1•+i U U o 0 H O U I w+ U W H 1d N WE U FaOQ O L U eq U �'b W O m Op U Cl) O a E W I Q I I-] O kC W`r..'Qs]diW '7 W4J W u H zw I ri N H N (A H W I azI I � I H a 124 of 757 Feb, 29. 2012 2:58PM f' I � T.J. Bowles Electric Co., Inc. 413 rdAve. N.E. 3 Boynton Beach, FL 33435 Phone -,56i-732-3o26 Fax 561-732-6133 CaHeigh Myers 125 of 757 FeL29. 2012 MPM Please sip and faY buk if you would 100 for U9 W schedule for the work to be dme. x M 0 Vyleet- /" �,v P3, f? 126 of 757 'Justall hybrid or electric chargers for oars off Ower kom water treatment Power from en r M P PJUCR 13 GOOD FOR 15 DAYS DUE T0 - NO CUTTINO OR PATOMO OF A14Y SURPACE MUSS OTHERW10 P. M .. ** Should it be Nocesswto Retain sn AROMOY to-Efir= the T&-M Of1hit Agxm=L or iffiny Outstanding Balalkom are Sent to Colleclior,% Im Rtsponsibla Party (Numed Above) Shell be Held Responsible for an Altomey FW, Coats. A 00sts DfCollections Please sip and faY buk if you would 100 for U9 W schedule for the work to be dme. x M 0 Vyleet- /" �,v P3, f? 126 of 757 CHRIS COMBS CONDR.E111"NSIVE SERVICTS L.1 C .3942 - rucks Rd. Boynt.on. Beach FL,33436 Estimates Good For 30 Days V,rrdl " NEIMM 127 of 757 Supplying of (5) chargers (5) Metering Devices Installing Chargers at (4) Locations in the City of Boynton Beach All Feed to Closet Location Install Metering Device at Locations 1 1 IN 3CI50 SM, 10 Place, Sufte #20, Boynton Beach, Floflda 33426 Phone: 561-572-3106 — Fax 561-572�3108 l28of757 n c. Library Bid Amount. $10,902.01 Castle Bid Amount: $ 096.00 Beach Bid Amount $14,446100 Fire Station Bid Amount: $ 6 This proposal specifically includes: 1.M.F. L. rated materIal and labor, 2. Material- sales tax. 3. Tools and equipment. 4. Libra!y: Phonm 551 / 276 18352 • Fe* 561 / 2713 / 8397 - Website: %VVW.M2LCC 129 of 757 Mani 5 2 7 01 * 71 Page 2 of 2 This proposal specifi cally 2!&IM: �T- R. &-I m U t 1 1-0 11 i ll I Respectfully submitted, WISNER ELECTRIC INC. Scott Boggs Project Estimator SB/md MOTIEF117W. 130 of 757 PURCHASE ORDER CITY • BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 1•• EAST BOYNTON BEACH BOULEVARD P. O. BOX 310 P.O. #: 120700 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/15/12 zp7 !•�- SHIP TO: TO: M & M ASPHALT MAINTENANCE, INC City of Boynton Beach 1302 SOUTH J ST EAST UTILITY ADMIN LAKE WORTH, FL 33460 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED COST 6497.00 6497.00 12994.00 UT�! l �lt- 131 of 757 PURCHASE ORDER CITY OF BOYNTON P.O. PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD BOX 310 P.O. 120701 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/15/12 ••- SHIP TO: TO: M & M ASPHALT MAINTENANCE, INC City of Boynton Beach 1302 SOUTH J ST EAST UTILITY ADIN LAKE WORTH, FL 33460 124 E. WOOLBRIGHT ROAD BO TON BEACH, FL 33435 ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ----------------------------------------------=----------------------- REQ /ACCT DATE REQ, BY PROJECT AMOUNT 0000056320 03/01/12 UTILITIES ADMIN HS WTR054 6497.00 40350005909602 0000056320 03/01/12 UTILITIES ADMIN HS SWRO64 6497.00 40350005909604 132 of 757 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST % CN c 3 z rs CJ 0 ri q 15 Ll- 0 LU > so w Cl 'm W U, ji 0 0 of coo 0 ul sTa N r4 m H V) i 60 0 0 0" 000 : - C) f4 m U 9 99 : 'I , Ln C11 i h t- P Cp% 0 0 . 0 O 0 m 1000 : P r QJ ko w In mmm NMq (n M Of q�4N El W co z & $4 � UV Ln of b p" 0 ko �c O (D z H P, in H N P 0 CY PI W w 1�4 F4 I is ul Ch 0 a 0 a 0 WH H ca J E. H N N 0 0 ID w O 5 GA Ln Ln 6 N H 0 a P H E-0 0 H5F lqOO 0 Ln Ln U m m I r -) 0 0 C i ZH (v H A • z rs 0 15 Ll- 0 LU > so w Cl • 133 of 757 rs 15 Ll- 133 of 757 U501651,11 Oil Fl 1504�� H.T.E. ENTRY DATE; - Narne: M&M Maintenance, Inc Procurement Ass't: ASAP Address: 1302 South J Stri;e Construction Date Needed: 3/11/2012 Confirm. REASON FOR PURCHASE: Asphalt paving after repairs done on Barista We Y. l34of757 - Narne: M&M Maintenance, Inc Date: 2/28/2012 ASAP Address: 1302 South J Stri;e Construction Date Needed: 3/11/2012 Confirm. Lake Worth, FL 33460 Cust. ReL Distribution (x) BACKUP DOCS. DELIVERY: Phone (contact): Dan Water Qual. Quotes/Verbal E. Admin. 40 561-523 3122 Pumping Quotes/Written (X Jover $2000) Vendor Number: 1814 PWTreat. Bid Docs. x W. WTP 42 Meter Serv. Sole Source Ltr. ) INITIATOR: Los Sarkkinen Sewage (x) Insurance Special Instructions: APPROVED. Project Number: l34of757 E Date: 1- Mar -12 IMMIR - � I TO Explanation for Purchase: V 1 r7 01 j i 177-1 • Source for Purchase (check and attach backup materials); Three Written Quotations x GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. Fund Source for urc ase: 403-500()-590-96-02 WT R054 403-5000-590-96-02 SWR064 Mrall 135 of 757 QUOTATIONS ITEMS REQUESTED: Asphalt paving VENDOR 1: M7M Asphalt Maintenance, Inc. DATE: 2/23/2012 CONTACT PERSON: Dan PHONE NUMBER: 561-523-3122 QUOTE: $12,994.00 VENDOR#2: The Paving Lady, Inc. DATE: 2/27/2012 CONTACT PERSON: Tom Potter PHONE NUMBER: 561-572-2600 QUOTE: $13,800.00 VENDOR 43: biommunity Asphalt Corp. DATE: 2/22/2012 CONTACT PERSON: PHONE NUMBER: 561-790-6467 QUOTE: $21,500.00 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. 136 of 757 Licensed contractor #U-19887 �JY2". abm` v? �LP10Tf #r#t\�ti %sdlCt+xf�4tUiM"1Q3h�d Cw# �I�11Yiv +RY�"xY�kYCXSWi+Ya�z+i�i �R�" 4r�iN6P�'€ Sin1aA@ Yi?Y4S§ p1HSffi1t% W�StgNWHUk39�SEgb `91YC��'dC:€?}F`CNFYiAY4Nafi' Y§NAYI'Uirj%9Sw"c=�INs�AiAfi� �\ G�OIAi$ E1�C 'dk'N - 137 of 757 To respond promptly to any complaint with all efforts toward reaching a mutually satisfying agreement. To accept and honor the Bureau ®s decision in the event an acceptable agreement is not reached directly with the customer. [AW WMM, ,20 11 This Accreditation is valid for one year only and may be revoked by the BBB due to violation of any of the above ethics. President V U 138 of 757 The Paving Lady I. i 000 W. Industrial Avenue - Boynton Beach, FL 33426 PROPOSAL AH7Rs �561) 572-28M - FaX (661) 572-2601 .Sroward (954) 766-2979 ACCEPTANCE PROPOSAL SUBM17TEDTO: FAX 561-742-6299 DATE 02/27/2012 Atha; Les Sarlddnen PHONE561-742-6476 City of Boynton Beach Email; SARKKINENL@BBFF.us 124 E. Woolbright Road Boynton Beach, Fl, JOB LOCATION ESTIMATOR TOM POTTER Bari sta Way- Sidewalk to sidewalk SCOPE of WORK: T_ FTNNISH ROCK AND PAVE ROAD Finish Grade and compact 2 lift of road rock--approx 754 SY Densities. "Blue Tops" road Rock by other Approx 754 SY to be paved with one 2 V2 " fift of type H1 Asphalt compacted to 2" aced rolled to grade I lift WME =1 FINAL FIELD MEASUREMENTS PREVAIL (PLUS PERMIT FEES) 139 of 757 FEqiM ROCK AND PAVE ROAD Finish Grade and compact 2"' lift of road rock—approx 754 SY 4,900.00 Densities. "Blue Tops" road Rock by other Approx. 754 SY to be paved with one 2 V2 " lift of type M Asphalt compacted to 2" and rolled to grade I lift $8,600.00 Fuel Surcharge 1 S300.00 FINAL FIELD MEASUREMENTS PREVAIL (PLUS PERMIT FEES) 140 of 757 Contract The Paving La y "Q. 1000 W. Industrial Avenue • Boynton Beach, FL 33426 PROPOSAL AND (561) 572-2600 • Fax (561) 572-2601 Broward (954) 786-2979 ACCEPTANCE PROPOSAL SUBMITTEDTO: PAX 561-742-6299 DATE 0272012 7 Attn: Les Sarkkinern PHONE 561-742-6476 City of Boynton Beach Email; SARKK1NLNL@BBFF.urs 124 E. Wocibright Road JOB LOCATION Boynton Beach, FL ESTIMATOR TO POTTER Bat S ista Why - idewalk to sidewalk SCOPE OF WORK: I I FEqiM ROCK AND PAVE ROAD Finish Grade and compact 2"' lift of road rock—approx 754 SY 4,900.00 Densities. "Blue Tops" road Rock by other Approx. 754 SY to be paved with one 2 V2 " lift of type M Asphalt compacted to 2" and rolled to grade I lift $8,600.00 Fuel Surcharge 1 S300.00 FINAL FIELD MEASUREMENTS PREVAIL (PLUS PERMIT FEES) 140 of 757 01:02:30 p.m. 02-22-2012 K77 , M ,, ==== I =- 001 �111 EFUTT , IN Additional Mlaws-Ins @ $3,500.00 Cold NU x$ per Ion (FOB) Movs4mB Cordinned I Prime Cold M14 per 6016 bag (FOB) Temporary Pairement S Tank Included MBE Coruinned Bond Add F77 �Mmons: Maintenance Lff1raft Engineering, Staking, Layout Ran Pandarlinurt - Psifing Operations fitanager 141 of 757 OTZTQX' ' ��ll CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 120706 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/22/12 M p •i.� SHIP TO: TO: TALLEY WALKER SERVICES, INC. City of Boynton Beach 5208 PALM WAY ENGINEERING DEPARTMENT LAKE WORTH, FL 33463 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 EXTENDED COST 23446. 23446.00 142 of 757 m Pi Zi rh 0 F-I E Ol W 14 Cb i7L s 143 of 757 Elo �w cla rq 0 z 0 w WO C; ri I tD iD I 1 0 cn w 4 m z m 0 w I N rq w El E� 0 E ; Hm 0 0 0 0 " P p H cDr O H a Y z ril kDm 0 H inN 0 C) H NM rn Ix H 94 0 u z z 0 0 H E. H U) F-I 0 El rn rOJ3 rA H i z a 0 I F4 0 Am - 0 0 l4 M m PIH U OH M cd E > z z H H E- W 44 cn E- CD 00 mz 0 9� z 4.) UO N Cd 'd H Ea M I N d)♦j Ln 0 1 p u Ul N 0 E- wopc trt "Fl H 0 00 0 N E 0 H U-,4 P S400 I r -) cm H .4 jx I v MPH U E- 4 ll E W �40� �:j 0 IDUU) M Q W z P4 to m Pi Zi rh 0 F-I E Ol W 14 Cb i7L s 143 of 757 k CITY OF BOYNTON BEACH REQUEST FOP. PURCHASE OVER $10,001 Date: March 20, 2012 X Department: Recreation & Parks Contact Person: Wally Mai ors Making necessary repairs ■ the building located at the east end of Oyer Park. Items being repaired include the air conditioning.(removal of condensors, air handlers, duct work and copper piping, installing new a/c unit, installation of ceiling fans); ceilings (removal of existing sheathing, insulation, duct work, installation of new ceiling); lighting (removal of existing equipment and installtion of ne* fixtures); doors (removal of interior doors and replacement); windows (inatallation of tint and bliaids). I.nMoTonilial T;rT -- - - W-11 7-ITI =1 1.71 1f-*ijff3W- r Scile Source L--j r Budgeted Item Other MMME= Fund Source for Purchase: Account #: 172-27-12-572-63.21 Approvals: Date Date 7--V Date late 0 aa a 144 of 757 ST4TEIJT',VT OF VEEDTO'TTr Submitted By: Kevin Ramsgy and Paula Leblanc Project Modification R Division Director: Jeffrey R. Livergood New Project a PROPOSED PROJECT NAME: Boat Ramp Park (Oyer Park) Clubhouse Renovations STATEMIENT OF NEED / JUSTIFICATION: Presently the ceiling is saturated from condensation created from the over-sized air handling units in the un- insulated attic which is overworking to coot the building. This problem is aggravated when the end-users lower the temperature too far thinking they will cool the building faster and/or when they leave to front doors open. The drywall of the ceiling is separating at the seams and is threatening to collapse. Estimate $16,900 to $22,000. TE% STARTING DATES: Schedule for between Sprine Break and Summer CamDs. ADril-Mav 2012 (ADDroximatelv 30 days) ITRR =I, -I ESTIMATED COST: $ Planning /Design = $O Construction = , 22,791 actual cost inc contingency Art (I% of ` Construction > Q50K) =.50 Environmental = 90 Equipment/hIfonnation Technolo&np = WO Operating Budget impact = $0 POTENTTAL $ Fund .Balance = $ Debt = S Grant = $ Impact Fees Other Source (Spec if Recreation Program Fee) = $25,791 based upon 145 of 757 Estimate based on Scope of work received by Kevin Ramsey per email. is included per scope of work titled Boat Club Park Coast Guard Building Renovation Project. We do acknowledge job must be started by 4/2/12 aln,11 • completed within 45 days. NAM 146 of 757 % £ASZ. OK to +± d: 147 of 757 i i A" .MII :. Its [I I1 I A 4 Pamjit Fees / Pstc ` (must ;s.: the i. i t 1 Y : u:; A tl i. dt+ n : 148 of 757 I ;Jzii� General Requirements and Procedures The Contractor will furnish labor, supervision, tools, materials, equipment, incidental engineering, transportation, and bonds and insurances necessary for the Boat Club Park Coast Building Renovation project located in City of Boynton Beach. Scope of Work As specified for this project. All work will be done in total compliance with building and safety codes. Comprehensive Pricing The quote price is based upon scope of work, and includes: Mobilization, Bonds and Insurances Labor, Equipment and Tools Debris Removal and Disposal Site Preparation, Materials and Supplies Building Code compliant Fixtures and Accessories *verhead and Profit Project Total Cost $25,687.44 Respectfully submitted by: Natalia Vorozheykin Atlantic Icon, Corp, 149 of 757 PROPOSAL 7=77W ----------------- = Date: 3/13/12 QUOTE NO. 31312 Project -Boat Club Park Coast Guard Building Renovation Project Drawings: Per jobsite visit Attention: Kevin Ramsey 150 of 757 151 of 757 PROPOSAL is Total Estimated costs ' 2-1 q?7.00 Alternate: remove and replace windows with impact resistant windows -A Total estimated costs add: — 22, C*77- 00 Temporary electric, water and toilet facilities by owner -�� 152 of 757 Contractor Items to include in Bid: • Bonds and himummes • Pen - nit Fees • Dumpster Fees (must use the City of Boynton Beach dumpsters) 153 of 757 i jA i = ur r LUKIUIA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ZAK JOHN BR73NO ANZ60 INC 9671 CAROUSEL CIRCLE SOUTH B0rl,k_?_*TOlkl. FL 33434 n DETACH HERE - 4 X z nt 154 of 757 9671 Carousel Circle South ,x c:Travelers Boca Raton, FL 33434 � #1#lTizlz - SIO NUMBER: SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE City of Delray Beach THE EXPIRA'n DATE THMEOF NO TICE Building / Zoning ACCORDANCE WITH THE POLICY PROVISIONS. 1 00 NW I Ave. !: / G uARILrTY .• • ,... Ile iie © C OM M ERCIAL GENERAL LIABILIT CLAIMS4WIADE [K OCCUR •,.. ■ ! ! • III { { AGG .. T 0C JAkUTCI LE LIABILITY 1 3 ANY AUT ALL OWNED AUT SCHE e r y HiREDAUTOs ON AUTO :°■ E.L. 1 l ' SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE City of Delray Beach THE EXPIRA'n DATE THMEOF NO TICE Building / Zoning ACCORDANCE WITH THE POLICY PROVISIONS. 1 00 NW I Ave. !: / 0 1988-2010 ACORD CORPORATION, All rights reserved- # ' ! 26120 10105) # '.r ! [ ago ! aF 155 of 757 156 of 757 CEECO 519 W. South Park Street Okeechobee, Fl. 34972 Phone 1-888-357-0798 Fax 1-888-357-0006 2401 North Powerline Road Pompano Beach, Fl. 33069 Phone: 954-831-0883 Fax: 954-960-3052 Coral Springs, Fl. 33065 Phone: 954-344-1182 Town of Gulfstream 100 Sea Road Gulfstream, Fl. 33483 Phone: 561-276-5116 Fax: 561-737-0188 l57of757 Cernex Belvedere R,.. w C;,. I� � Acc o u nt ,.6 1 800-992-3639 158 of 757 6. F CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -035 - Consideration of a Resolution opposing majority opinion in Citizens United. EXPLANATION OF REQUEST: The attached Resolution is provided to the City Commission at the request of a concerned citizen who desires that the City Commission take a position opposing the United States Supreme Court opinion in the case commonly referred to as Citizens United. The substance and impact of the Citizens United case is described in more detail in the body of the Resolution. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no direct impact. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: Adopt a Resolution embracing the Supreme Court holding in Citizens United or take no action at the City Commission level and allow citizens to advance their own grass roots opposition to or support of the impact of the Citizens United case. 159 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, OPPOSING THE MAJORITY OPINION OF THE UNITED STATES SUPREME COURT IN CITIZENS UNITED V. FEDERAL ELECTION COMMISSION. WHEREAS, a concerned citizen has requested that the City Commission consider the impact of the United States Supreme Court Citizens United case and indicate its opposition to that opinion; and WHEREAS, on January 1, 2010, the United States Supreme Court issued an opinion in the case of Citizens United v. Federal Election Commission; and WHEREAS, the court overruled precedent and held that corporations have the same rights to freedom of speech as natural persons under the First Amendment to the Constitution of the United States, thereby establishing corporate personhood; and WHEREAS, the Citizens United decision allows corporations to make unlimited, anonymous expenditures to support or oppose any candidate for Federal, state or local elected office; and WHEREAS, this practice is destructive to American democracy and was never contemplated by the framers of the constitution of the United States; and WHEREAS, the Citizens United decision threatens state sovereignty and the compelling interest of states and local governments to enact campaign finance reform laws; and WHEREAS, the dissenting opinion in Citizens United correctly stated that corporations "are not themselves members of `We the People' by whom and for whom our Constitution was established "; and WHEREAS, a constitutional amendment is the most effective way to overturn the Citizens United decision and its progeny. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1 . The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2 . The City of Boynton Beach stands with the Move to Amend campaign and communities across the country to defend democracy from the corrupting effects of undue corporate power by amending the United States Constitution to establish that: 1. Only human beings, not corporations, are endowed with constitutional rights, and 2. Money is not speech, and therefore regulating political contributions and spending is not equivalent to limiting political speech. Section 3 . The City Commission of the City of Boynton Beach hereby instructs our county, state and federal representatives to enact resolutions and legislation to advance this effort. 160 of 757 Section 4. This Resolution shall become effective immediately upon passage PASSED AND ADOPTED by the City of Boynton Beach, this Day of April, 2012. ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross 161 of 757 6. G CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the minutes from the City Commission regular meeting held on April 3, 2012 and Special Meeting held on April 10, 2012 The City Commission met on April 3, 2012 and April 10, 2012 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A ALTERNATIVES: N/A 162 of 757 11j;F-A-31111:10YAO I IM 01;1 ;jqxdL' 11919 ILI I: I • • Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. Call to order - ITiayor row L. May B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove ENNEEM= • ff --T9 1 "11 163 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 A. Proclaim the month of April 2012 as Paralyzed Veterans Association Awareness Month. B. Proclaim the week of April 8 to April 14, 2012 as National Library Week with Tuesday, April 10 as National Library Workers Day. Mayor Hay read and presented both proclamations to Craig Cark, Library Director. Mr. 31ark thanked the Commission for their recognition and support of the Library. He also mnnounced a new service available on the web site, called Over Drive. The service t1lows ebooks to be downloaded for free. 164 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Kathy Biscuiti, Special Events Director, announced the Movies on the Ave. films, Sunday Fundays and Ocean Avenue Concert series to be held in April and May and the Downtown Open Market on April 15th. The Gourmet Food Trucks would be available at all events. '1111J Uommissioner nicuray commenaea tne aeiegation ana nopea ne preseriTM seen • many others to know that we reach out to others and are all one. Vice Mayor Orlove offered the assistance of the Commission on any initiatives to further the relationship with Les Cayes. Commissioner Ross was glad to see the pictures of Haiti and thanked Mr. Boateng for being a wonderful ambassador for the City. Mayor Hay thanked the delegation and appreciated what they had done. J. Announcement of Community Improvement Public meeting for Community Development Block Grant 1 year Action Plan and 5 year Consolidated Plan. - ----- - - ------ - ----- - - ------ - ---- 165 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 166 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 B. Discuss the appointment of Richard Wise to the Community Relations Board as an alternate and possible appointment of Richard Wise to the Code Compliance Board Richard Wise was present and explained his belief that unless there were felony charges, an arrest did not have to be reflected on the application. He has been a member of the Community Relations Board as an alternate and was now applying to be a member of the Code Compliance Board. He is a licensed mortgage broker, insurance broker and was a licensed property manager. It was an oversight on his part to not mention a conviction he had in the 1980s in the State of Maryland. Attorney Cherof advised a conviction for a crime would not prohibit an individual from serving on a board. Mr. Wise could serve on the two boards. Ms. Prainito explained the information had come to light when James Brake pointed out there had been an argument or altercation between Mr. Wise and Mr. Yerzy who is currently a member of the Code Compliance Board. Michele Costantino provided more detail on the previous arrest history and background of Mr. Wise. but there may be issues with another member of the Code Compliance Board. He did not -t %vas irecess;- 9 - id 1 Wisp sWould reTf ght ov tWe Connu'i itv Relations 1010MIR M 167 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 $20,000 from $71,362 to $91,352 for personnel and/or youth interest-based programming, authorizing the Interim City Manager to execute agreements associated with this reinstatement Commissioner Ross wanted clarification on the name of the program as it was known as the Youth Violence Prevention Program. Wally Majors, Director of Recreation and Parks, agreed it was the same program. Ms. LaVerriere added Youth Empowerment Center was much more positive and motivational. (Commissioner Holzman left the dais.) Commissioner McCray questioned if the funding was available and Mr. Majors indicated the money was from grant funding. Ms. LaVerriere advised there was some funding in the current budget allocated for the program. C. Approve the minutes from the City Commission regular meeting held on March 20, 2012 D. Accept the resignation of Boyd Boggess, a regular member of the BuildirTIT Board of Adjustment and Appeals I E. Accept the resignation of Matthew Barnes, a regular member of the Plannirre and Development Board I T �O �,M k 0=1 -1 =Z- yA"T%MTFV7WXWr_r as Local Planning Agency and City Commission. I C 1 1. - I I I F'1Z1'FrA [01 on gait uIR I DJ'.JNr*M P I EOVIW UJ i I [;�:J 9 1 V I rM I I 110 10 1 L-7ffl= I 1 0 = I I [_9 I I 168 of 757 Motion Commissioner KhoCray moved to remove from the table. Commissioner Ross seconded the motion. Vote The motion passed unanimously Holzman absent). Attorney Cherof read Proposed Ordinance No. 12-006 by title only on first reading Eric Johnson, Planner, explained the Code amendment would further business and economic development initiatives and further internal consistency within the Land Development Regulations (LDR). The first change would allow primary and secondary schools in Planned Unit Developments (PUD). A school should be where the children reside. It would be consistent with the Comprehensive Plan. Another change would allow accessory commercial components into City-owned and operated parks. It would be beneficial to the City and create revenue. The third change would clarify the restrictions for beverage and food manufacturing establishments and would become more user-friendly. (Commissioner Holzman retumed to the dais) reiterating it could be a revenue generator and appreciated staff's efforts. He questioned if there would be a difference between the M-1 and C-4 zoning districts relating to the food manufacturing. Mr. Johnson replied it would have no impact. There would be greater time restrictions in the M-1 so it would be more for the beverage manufacturing. The C-4 district would not have a restriction on the size of the tasting room. Rezoning from M-1 to C-4 or vice versa would require a thorough analysis. The zoning would not be prohibitive to opening a business in either district. Commissioner Ross agreed with Vice Mayor Orlove on allowing food vendors and ij was refreshing to offer more of an incentive to use the parks and generate more 169 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner McCray moved to remove from the table. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 12-004 by title only on second reading. 170 of 757 Motion Commissioner Ross moved to remove from the table. Commissioners k8cCnayand Holzman seconded the motion. Vote The motion passed unanimously. l7lof757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 M-71-M ini 172 of 757 Meeting Minutes Regular City Commission Boynton Beach, FIL April 3, 2012 Ms. LaVeniene identified and located the three parcels for sale. The City's Code requires a competitive bid process that was advertised for six weeks. One bid was received on one parcel at the Leisurevi||enite. The bid romaimad was for $24,499 and the appraised value io$302.00O. If the Commission desires tn sell the property atless than market va|ue, it would require a super-majority vote nf4/5ths. The options were to accept or reject the bid and then decide any further action to take with all the parcels. Commissioner yNdCmay thought the bid received was an insult to the City. The bid should not be accepted and the property should be kept on the table for sale. Motion Vice Mayor Orlove moved to change the order of the day to allow for public comment for this item. Commissioner Ross seconded the motion. Vote The motion passed unanimously. � 173 of 757 12 174 of 757 13 175 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Angola Narine,14711 Palmetto Palm Avenue, Miami, Regional Director for AL; Accelerated Learning Solutions, provides drop-out prevention and recovery program to be served. Ms. Narine gave an overview of the programs and objectives of the AL Charter Schools that serve students between the ages of 16 to 22 who have dropp( out or are at high-risk of dropping out. The schools are fully accredited. Vice Mayor Orlove inquired if 30 more days would make a significant difference. M Narine indicated the project was behind and in a place of jeopardy. If this location lost the opportunity to open at all would also be lost. David Norris, attorney for the property owner, 1325 Gateway LLC, advised for tl school to be open in August for the next school year, the additional 30 days wou make it impossible. The process is different in Quantum Park because there a general use designations for each of the lots. In some instances a specific use approv process is required and the owner did get the specific use approval in 2003 for the properties as a Charter High School. Commissioner Holzman stressed the specific school was not at issue. It involvf protecting the commercial industrial sector within the City that is being lost. Tt proposed use would continue the loss. The decision had been made to have staff stu( • Motion Commissioner Holzman moved to move forward with the moratorium and allow staff to return at the conclusion with their findings. Wr__ 0=1 #1 14 176 of 757 Commissioner Ross totally disagreed with staff. Vote The motion passed 3-2 (Vice Mayor Orlove and Commissioner Holzman dissenting). I[R 177 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 12. NEW BUSINESS A. Discussion regarding the purchase of land, development and maintenance for a new passive park located at SW 1st Ave and SW 1st St. at the request of Commissioner Holzman. R-9 178 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Vice Mayor Orlove moved to refer the matter to the Recreation and Parks Board for consideration and for them to come back with a priority list on future parks to be built in the City. Commissioner Ross seconded the motion. David Katz, 67 Midwood Lane, questioned taking a property off the tax rolls. He concurred the Meadows Park had been waiting for over 20 years and the Eco Park at Quantum was more important at this time. The residents of the Meadows were willing to help develop and maintain the park to reduce the cost to the City. It should be given priority before a park is created at the full expense of the City. Terry Lonergan, 45 Rutland Lane, current President of the 300 Property Owners' Association in the Meadows, had come before the Commission on several occasions asking for assistance with the vacant lot in her community and many crimes, including a murder and stabbings have been ongoing. She had even suggested the area be leveled so her Association could take care of it. It was in the middle of two residential developments. Vice Mayor Orlove amended his motion to include, besides the Recreation and Park Board looking at priorities, they determine how to move forward on the capital improvement projects during budget hearings. Commissioner Ross seconded the motion with discussion. Commissioner Ross clarified it is important to hear the concerns of the Forest Park residents and they can request a park in the area. It may not be plausible. She stressed the ultimate disposition of the area in the Meadows is very controversial and leveling the property may not be the best resolution. She did want the issue further explored. Commissioner cCray asked for clarification on the status of Women's Circle project. Attorney Cherof indicated the Women's Circle project had very different facts than the Charter School issue and it would be premature to take action with respect to the Women's Circle. 17 179 of 757 18 180 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 be spent on items that have the full consensus of the Commission. Placing items on the agenda for discussion is not problematic. Mayor Hay agreed items for discussion can be placed on the agenda, but before staff does significant work it needs to be agreed upon by the entire Commission. Commissioner Ross wanted to continue being allowed to add items for discussion. Vice Mayor Orlove felt items should be worked through the City Manager's office with direction from the City Manager on how to proceed. Various scenarios were discussed. Vice Mayor Orlove reiterated it was important to have a flow of information and giving ihe City Manager discretion to predict the time needed to develop the item or if consensus from the Commission was needed before further staff time was enlisted. Request by Commissioner Holzman for City Commission to have discussion ar possible dissolution of Financial Advisory Committee I Commissioner Holzman recalled the current status of the Financial Advisory Committee of having only four members. The entire Committee did a wonderful job last year to review the budget and make recommendations. With only four people on the Committee it would frustrate their purpose. There are two options: One, disband the Committee until there is more interest from the community or bmo, narnova the one individual who has created problems for some of the members toserve. Vice Mayor Orlove felt the Committee served a purpose and since their report has not been submitted there may be good, healthy issues to be discussed. It would be short- sighted not to allow the Committee to finish their work this year so close to budget hearings. He was not in favor of disbanding the Committee at this time until the four remaining members are given an opportunity to submit their report. Commissioner Ross had been concerned with members leaving the Committee. She contended it was obvious the Committee was created for political reasons and who would be the Chair. However, being objective, she was willing to wait until a report 4 submitted before a decision is made. Commissioner McCray did not favor disbanding 19 l8lof757 A. Presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session - 4/17/12. B. Police Study - 4/17/12 C. Update on In-house Medical Clinic- 5/1/12 D. Discussion of City Manager Search interview rankings - 5/1/12. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Hay properly adjourned the meeting at 9:42 p.m. (Continued on next page) 20 182 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Janet M. Prainito, MMC City Clerk udith A. Pyle, CM C Deputy City Clerk 21 183 of 757 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, O N APRIL 1 20 AT 6:2S P.M. PRE ENT Woodrow Hay, Mayor William Orlove, Vice Mayor Mack McCray, Commissioner Steven Holzman, Commissioner ABSENT Marlene Ross I. CALL TO ORDER Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Hay called the meeting to order at 6:29 p.m. and deferred to Attorney Cherof. Attorney Cherof requested a closed -door session with the City Commission regarding the case the City of Boynton Beach v. Villa Lago Condominium Association. This is a lawsuit filed by the City with a claim for approximately $360,000. Approximately 15 minutes is needed to review the case and discuss a settlement opportunity. The closed -door session would begin at 5:30 p.m. on Tuesday, April 17` During the same closed -door session, labor contracts would be discussed. II. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 6:31 p.m. CITY OF BOYNTON BEACH ATTEST: Ja t M. Prainito, MMC Clerk Woodrow Hay, Mayor William Orlove, Vice Mayor Mack McCray, Commissioner Marlene Ross, Commissioner 184 of 757 6. H CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the six (6) month period ended March 31, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Revenue Fund for the six (6) month period ended March 31, 2012 (50% of the fiscal year). The analysis compares • Actual results for the current period to the annual budget and • Actual results for the same period of the prior year annual budget. At this 50% point through the fiscal year, we begin to see a more reliable potential trend of revenues and expenditures for the full year. As a result, we are able to highlight a few potentially negative budgetary results for the full fiscal year. Several of the potentially negative budgetary results for the General Fund are noted on the following two pages. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and the Utility Revenue Fund follow. 185 of 757 GENERALFUND Revenues & Transfers Expenditures Excess (Deficit) FY 2011 -12 FY 2010 -11 FY 2012 vs. 2011 Annual Budget Actual to Date Annual Budget Actual to Date Budget Actual Amount % Amount % % % $ 65,142 $ 42,210 65% $ 68,551 $ 43,751 64% -5% -4% $ (65,142) $ (36,645) 56% $ (68,551) $ (33,803) 49% -5% 8% $ - $ 5,565 $ - $ 9,948 Revenues &' fers (Exhibit A) - Budgeted Funding Sources: Property taxes and other revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund budget estimate for the FY 2012. Transfers from other funds ( non- revenues provide $22.3 M or a large 34% of the total funding sources to balance our $65.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 35% - $ 22.5 M - Property taxes less Tax Increment Financing to the CRA 2. 31% - $ 20.3 M - All other revenues 3. 34% - $ 22.3 M - Transfers from other funds & General Fund Balance 100% - $ 65.1 M -Total funding sources The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the net property taxes of $26.3 M in FY 2012 represent a 3.2% increase in property tax revenue or an increase of $.8 M from FY 2011. To balance the budget in FY 2012, it required transfers from other funds of $22.2 M and an appropriation of the General Fund undesignated fund balance of $110,000 representing a total of $22.3 M or 34% of all funding sources. Actual Funding Sources Realized: Revenues and transfers realized are $42.2 M or 65% of the budget estimate compared to $43.7 M or 64% realized to date in FY 2011. Ad Valorem Taxes, net of discounts: $23.2 M (88% of the budget estimate) have been received to date versus $22.5 M (88% of the budget estimate) for FY 2011. Other Revenues: The four major revenue sources other than property taxes are: Franchise Fees with $2.2 M or 50% actually collected in FY 2012 compared to 45% in FY 2011. The percent increase is due to reduced revenue estimates from $5.0 M in FY 2011 to $4.5 M in FY 2012. We appear to be on track. 2. Licenses & Permits (Franchise fees, business taxes, and building permits) in total appear that we will realize our total estimated revenues. a. Business taxes are due at the beginning of our fiscal year. It appears that we will fall short of our annual estimate by approximately $200,000. It remains to be seen if all business taxes will be realized b. Building permits of $1.2 million have already exceeded our annual estimate of $1.1 million and have doubled year to date compared to the $0.6 million in FY 2011. At this rate, we should make up the $200,000 shortfall of business taxes before the fiscal year is complete. 3. State Shared Revenues of $3.2 M or 49% collected in FY 2012 which is slightly ahead 186 of 757 of FY 2011 in dollars collected, but behind the 52% of the total budget estimate for FY 2011. The amount budgeted this year reflects the State's estimate. However, it remains to be seen if all State shared revenues will be collected. 4. Public Safety revenues realized this year to date are $1.9 M compared to $2.4 M in FY 2011. A majority of the $0.5 M shortfall to date compared to budget is Advance Life Support Transport revenues which are budgeted to increase $300,000 for the year yet are $50,000 less in actual revenues to date compared to FY 2011. Once again, it remains to be seen if all Public Safety revenues will be realized Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, budgeted expenditures decreased approximately 5% from $68.5 M in FY 2011 to $65.1 M this year. The decrease impacted many departments with the larger decreases coming from Police, Building and Development departments, and Parks Maintenance. Actual Expenditures — Expenditures for the fiscal year to date are $36.6 M that is 56% of the $65.1 M expenditure appropriation for FY 2012. (a) With the expenditures at $36.6 M, we are $3.0 M ahead of the 50% spending mark of $32.6 M in the fiscal year. Last year's spending levels of $33.8 M was 49% of the total budget in FY 2011 for this same period. (b) The two largest departments, Police and Fire account for the majority of actual expenditures to date on Exhibit B: Budget (a)- 50% Expended Difference Pension • Police - $22.7 M - $11.4 M $13.9 M (61%) $2.5 M $1.9 M • Fire - $18.6 M - $ 9.3 M $10.8 M (58 %) $1.5 M $1.6 M (c) The Pension line item is the major item of their budget overage to date. This is primarily due to the one -time payment for the City's pension obligations at the beginning of the fiscal year in order to save significant ($1.0M) pension costs as opposed to previous years where the City made monthly payments. UTILITY REVENUE FUND Revenues Revenue Fund Increase Net Revenues Expenditures Operational Variance With the approval of the Capital Improvement Plan (CIP) in FY 2010-11 and the bond Issue of $45.895 million, the Commission approved necessary rate increases to partially fund and maintain the Utility's Repair & Maintenance Capital Fund in addition to bond financing. As a 187 of 757 FY 2011 -12 FY 2010 -11 FY 2012 vs. 2011 Annual Budget Actual to Date Annual Budget Actual to Date Budget Actual Amount % Amount % % % $ 39,077 $ 19,413 50% $ 36,309 $ 19,238 53% 8% 1% $ (6,860) $ (3,430) 50% $ (4,342) $ (2,171) 50% 58% 58% $ 32,217 $ 15,983 50% $ 31,967 $ 17,067 53% 1% -6% $ (32,217) $ (15,794) 49% $ (31,967) $ (15,799) 49% 1%r 0 % $ - $ 189 $ - $ 1,268 result, there are the planned Revenue Fund increases in its Operational Plan in order to meet our CIP needs and to fund our increased debt service requirements. These factors should provide for adequate bond debt service coverage. Operational Forecast - The budgeted operational forecast of the Utility Revenue Fund estimates an excess of revenues over expenditures of $6.8 M for the year resulting in a fund balance increase (excess of revenues over expenditures) before added debt service and transfers to the Repair & Maintenance Capital Improvement Fund. To date this year, we are slightly ahead of our plan by $189 K versus last year's amount of $1,268 K. See the comment under Expenditures below related to pension payments that accounts for the variance. Revenues (Exhibit C) — Actual revenues to date of $19.4 M and the planned fund balance increase of $3.4 M vary slightly in FY 2012 compared to the $19.2 M to date in FY 2011, because of two factors: • Water Sales - $8.8 M equivalent to 48% of the annual estimate, compared to $8.9 M (53 %) at this point in FY 2011. • Sewer Service - $8.2 M equivalent to 50% of the annual estimate, compared to $8.0 M (52 %) at this point in FY 2011. Expenditures (Exhibit D) — The FY 2012 annual expenditure budget of $32.2 M represents a $0.3 M (1 %) increase from the FY 2011 budget of $31.9 M Expenditures to date are $15.8 M or 49% of the annual appropriation compared to similar expenditures for the prior fiscal year. Similar to the General Fund, we are ahead of last year's spending levels due to the one -time payment for the City's pension obligations at the beginning of the fiscal year in order to save significant pension costs as opposed to previous years where the City made monthly payments. ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. 188 of 757 Two Year Cumulative Revenue Comparison and '.. CFY Budget - ($ in thousands) '.. $68,958 a X $61,941 J $66,075 65,142 '.. v'ke',rS''7 $52,836 J .�C rx $48,693 _x $43,7,1 S4? 170 $38,951 �'- ! . M y '$38,238 $34,655 ! �" .i $ $314,077 )< '.. 525, 7 f Y$10,414 '.. $8,399 '... $0 Uc[ Nov Du; Jan Feb Mar Apr May Jon Jul Aug Sep - -X- - Cumulative 2010 -11 Actual .. ° )K° - • Cumulative 2011 -12 Actual t 2011 -12 Budget S: \Fin- eFiuind,l Reports \Monthly Financial RepareIFY2011_2012 , dger Ravi- GA rd 160012 189 of 757 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2012 (50% of Fiscal Year) REVENUES FY 2011 -12 FY 2011 -12 TO DATE FY 2010.11 FY 2010 -11 TO DATE ACCOUNTS REVENUE % REVENUE / APPROVED $ 26,319,000 REALIZED $ 23,264,884 REALIZED 88% $ APPROVED 25,507,000 REALIZED 22,506,489 REALIZED 88% AD VALOREM TAXES, net LESS TIF TAXES TO CRA (3,782,000) (3,477,082) 92% (3,334,000) (3,334,000) 100% NET TAXES TO THE CITY 22,537,000 19,787,802 88% 22,173,000 19,172,489 86% LICENSES AND PERMITS FRANCHISE FEES 4,500,575 2,235,479 50% 5,024,575 2,264,473 45% BUSINESS TAXES 1,489,600 1,290,709 87% 1,282,000 1,304,790 102% BUILDING PERMITS 1,145,000 1,201,205 105% 493,000 640,298 130% OTHR LICENSES, FEES & PER 157,570 135,550 86% 201,000 135,624 67% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 55,000 29,748 54% 60,000 26,821 45% STATE SHARED REVENUES 6,481,200 3,184,458 49% 5,877,000 3,048,815 52% SHRD REV FROM OTHR LCL 545,000 154,185 28% 495,000 134,315 27% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 87,500 99,460 114% 81,000 89,385 110% CHRGS - GENERAL GOVT 545,000 297,654 55% 286,000 162,147 57% PUBLIC SAFETY 3,981,480 1,931,860 49% 3,859,000 2,449,048 63% CULTUREIRECREATION 312,500 181,107 58% 282,000 171,266 61% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 294,250 198,558 67% 155,000 226,623 146% INTEREST EARNINGS 101,000 73,548 73% 520,000 33,501 6% RENTS AND ROYALTIES 265,000 114,518 43% 401,000 126,591 32% SALE OF SURPLUS MATERIAL 10,000 547 5% 2,000 2,026 101% LIBRARY FINES 48,400 19,513 40% 40,000 16,654 0% OTHER MISC.REVENUE 268,400 115,278 43% 212,000 192,368 91% INTERNAL FUND TRANSFERS TRANSFERS 22,207,800 11,103,900 50% 27,048,334 13,524,167 50% FUND BALANCE APPROPRIATED 110,000 55,000 50% 58,937 29,469 50% Total Revenues FE142:2:7:-I: $ 42,210,079 65% FjE5:0:.:4:6: 43,750,870 64% Two Year Cumulative Revenue Comparison and '.. CFY Budget - ($ in thousands) '.. $68,958 a X $61,941 J $66,075 65,142 '.. v'ke',rS''7 $52,836 J .�C rx $48,693 _x $43,7,1 S4? 170 $38,951 �'- ! . M y '$38,238 $34,655 ! �" .i $ $314,077 )< '.. 525, 7 f Y$10,414 '.. $8,399 '... $0 Uc[ Nov Du; Jan Feb Mar Apr May Jon Jul Aug Sep - -X- - Cumulative 2010 -11 Actual .. ° )K° - • Cumulative 2011 -12 Actual t 2011 -12 Budget S: \Fin- eFiuind,l Reports \Monthly Financial RepareIFY2011_2012 , dger Ravi- GA rd 160012 189 of 757 i $67 ,955 X $7.32 Oct Nov Dec Jan Feb Mar Apc May Jun Jul Ang Sep - -X -- Cumulative 2010 -11 Actual . X--- Cumulative 2011 -12 Actual 12011 -12 Budget SV"- ,,,w\Fi =,,ial Rcpor[, \M-hly F-dal RepurtvMY201 Review GF - Ih,, Mar 12 S-- i,eWO1 Exp,ndi- S.--y Rz .... d 4151 190 of 757 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2012 (50% of Fiscal Year) EXPENDITURE FY 2011 -12 FY 2011.12 TO DATE FY 2010 -11 FY 2010 -11 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 216,902 $ 130,990 60% $ 243,903 $ 113,974 47% CITY MANAGER 660,312 274,832 42% 571,292 271,472 48% CITY HALL /GEN. ADMIN. 1,676,277 742,048 44% 1,530,247 709,082 46% PUBLIC AFFAIRS 22,581 540 2% 141,815 66,568 47% CITY CLERK 495,066 254,738 51% 524,594 266,296 51% CITY ATTORNEY 515,927 217,389 42% 440,392 215,037 49% FINANCIAL SERVICES 1,031,888 561,515 56% 1,211,778 577,500 48% ITS 1,728,733 946,734 55% 1,931,853 897,163 46% HUMAN RESOURCES 855,576 407,321 48% 923,994 423,993 46% ORGANIZATIONAL DEVELOP 0 0 0% 142,121 59,467 42% PUBLIC SAFETY COMMUNICATIONS 2,109,756 1,101,605 52% 2,092,949 933,772 45% POLICE 22,729,086 13,940,750 61% 23,495,585 11,998,234 51% CODE COMPLIANCE 965,955 511,442 53% 1,095,606 532,748 49% FIRE 18,651,590 10,853,258 58% 18,637,282 9,437,798 51% EMERGENCY MANAGEMENT 94,919 33,557 35% 106,592 1,661 2% ANIMAL CONTROL 0 400 0% 103,291 55,360 54% BUILDING & DEVELOPMENT DEVELOPMENT 371,693 136,331 37% 417,630 186,689 45% BUILDING 1,415,778 738,761 52% 1,697,828 791,219 47% ENGINEERING 533,227 269,848 51% 793,809 372,217 47% PLANNING & ZONING 638,692 362,503 57% 835,431 402,598 48% BUSINESS TAX 224,741 125,679 56% 247,172 114,162 46% PUBLIC WORKS PUBLIC WORKS 204,428 120,279 59% 272,951 134,609 49% FACILITIES MANAGEMENT 1,401,241 726,223 52% 1,559,765 727,955 47% STREETS MAINTENANCE 908,577 392,532 43% 972,151 446,834 46% LEISURE SERVICES LIBRARY 2,098,129 1,118,741 53% 2,243,271 1,033,951 46% SCHOOLHOUSE MUSEUM SERV 204,576 85,716 42% 204,519 51,452 25% RECREATION 2,833,308 1,399,869 49% 2,522,416 1,066,377 42% FORESTRY & GROUNDS 1,501,740 567,559 39% 1,524,711 635,059 42% PARKS MAINTENANCE 1,051,577 560,694 53% 2,065,898 1,012,556 49% CRA REIMBURSABLE & RESERVE: - 21,404 0% - 267,543 0% Total Expenditures $ 65,142,275 $ 36,645,256 56% $ 68,550,846 $ 33,803,346 49% i $67 ,955 X $7.32 Oct Nov Dec Jan Feb Mar Apc May Jun Jul Ang Sep - -X -- Cumulative 2010 -11 Actual . X--- Cumulative 2011 -12 Actual 12011 -12 Budget SV"- ,,,w\Fi =,,ial Rcpor[, \M-hly F-dal RepurtvMY201 Review GF - Ih,, Mar 12 S-- i,eWO1 Exp,ndi- S.--y Rz .... d 4151 190 of 757 CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2012 (50% of Fiscal Year) EXHIBIT C REVENUES FY 2011.12 FY 2011.12 TO DATE FY 2010.11 FY 2010.11 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 18,433,000 $ 8,863,882 48% $ 16,900,000 $ 8,977,740 53% WATER CONNECTION FEE 15,000 12,195 81% 20,000 5,260 26% WATER SERVICE CHARGE 500,000 202,318 40% 300,000 199,880 67% WTR- BACKFLOW PREVNTR TEST 28,OOD 8,986 32% 25,000 22,156 0% RECLAIMED WATER SALES 45,OOD 17,965 40% 21,000 18,545 0% SEWER SERVICE 16,500,000 8,193,361 50% 15,442,569 8,021,706 52% STORMWATER UTILITY FEE 3,315,000 2,009,993 61% 3,315,000 1,885,607 57% STORMWATER SURCHARGE 60,OOD D% - - 0% TELEVISE SEWER LINES 1,000 3,826 383% 5,000 676 14% FEES 6,000 5,554 93% 5,000 5,252 105% INTEREST INCOME 8,000 32,044 401% 62,000 909 1% SALE OF SURPLUS EQUIP. - 1,989 0% - - 0% OCEAN RGE UT TAX ADM CHG 500 331 66% 500 400 0% BAD DEBT RECOVERIES 10,000 66 1% 1,500 11,335 756% MISCELLANEOUS INCOME 55,OOD 10,515 19% 111,600 37,883 34% TRANSFER FROM SANITATION FUND 101,000 50,500 50% 101,000 50,500 50% FUND BALANCE INCREASE (6,860,327) (3,430,164) 50% (4,342,592) (2,171,296) 50% TOTAL REVENUES $ 32,217,173 $ 15,963,359 50% $ 31,967,577 $ 17,066,553 53% rc0 Fza.wo - $la.al0 - 0" Nov Dm Jan Fcb M. Apr Nlav Ju. JuJ Aug Scp - )E- Cumulative 2010 -11 Actual BK Cumulative 2011 -12 Actual +2011 -12 Budget S. \FinaneclFinancial ReportslK4cntnly Financial RWorls\FY201 I_20121Budget Revir- - OF - tru Mar 12 Summarizud401 Rev Sum 191 of 757 Two Year Cumulative Revenues Comparison and i lhrdnet - (.P, in thonsandc i $an.DD $30.00' 111119M $10,00 IH' S:',Finance \Financial ReportsWurithly Financial Reports \FUD11_2012 \Budget Review - OF - 11- Mar 12 Sunimarized401 Exp Sum 192 of 757 - X- -Cumulative 2010 -11 Actual - - - .X- -- Cumulative 2011 -12 Actual 12011 Budget EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended March 31, 2012 (50 of Fiscal Year) EXPENDrrURES FY 2011 -12 FY 2011 -12 TO DATE FY 2010 -11 FY 2010 -11 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,393,213 $ 702,950 50% $ 1,399,442 $ 689,958 49% PUBLIC WATER TREATMENT 5,886,347 2,965,894 50% 6,194,098 3,377,308 55% METER READING & SERVICES 834,900 438,285 52% 914,433 490,238 54% WASTEWATER COLLECTION 1,370,651 684,572 50% 1,468,637 715,619 49% WASTEWATER PUMPING STATNS 2,058,645 1,029,836 50% 2,323,036 1,051,559 45% SEWAGE TREATMENT 3,425,000 1,662,251 49% 3,125,000 1,408,823 45% WATER QUALITY 588,408 324,718 55% 568,022 295,400 52% UTILITY ADMINISTRATION 1,351,183 742,382 55% 1,721,377 924,903 54% GENERAL ADMINISTRATION 5,850,873 2,861,561 49% 5,248,223 2,626,640 50% UTILITES ENGINEERING 1,225,036 672,180 55% 1,236,746 613,869 50% STORMWATER MAINTENANCE 696,328 322,529 46% 665,609 311,176 47% CUSTOMER RELATIONS 1,192,539 643,428 54% 1,168,316 590,236 51% DEBT SERVICE 1 343,050 2,743,216 43% 5934,638 2,703,108 46% Total Expenditures $ 32,217,173 $ 15,793,802 49% PL..a777 $ 15,798,837 49% $an.DD $30.00' 111119M $10,00 IH' S:',Finance \Financial ReportsWurithly Financial Reports \FUD11_2012 \Budget Review - OF - 11- Mar 12 Sunimarized401 Exp Sum 192 of 757 - X- -Cumulative 2010 -11 Actual - - - .X- -- Cumulative 2011 -12 Actual 12011 Budget 6. 1 CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ® ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Christiane Francois, a regular member of the Special Events Ad Hoc Committee EXPLANATION OF REQUEST: Christiane Francois has submitted her resignation as a regular member of the Special Events Ad Hoc Committee due to conflicting meeting dates. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Special Events Ad Hoc Committee will have a vacant position. FISCAL IMPACT: None ALTERNATIVES: None 193 of 757 Page 1 of 1 Pyle, Judith From: Biscuiti, Kathy Sent: Wednesday, March 28, 2012 4:41 PM To: Pyle, Judith Subject: FW: Special Events Ad Hoc Committee Hijudy, Well Christine Francois is resigning from the Special Events Ad Hoc Committee, Brad Sevaldson is an alternate and has been to all meetings and viewed the ethics video ... he would be the likely replacement. That leaves Libby Stroud as our only remaining alternate and she has not even returned an email to my knowledge. OK... anyway what do we do and what is my role if any. Kathy Biscuiti CRA Special Events Director p. 561- 737 -3256 ext. 212 f. 561- 737-3258 c. 561 -445 -2973 www. boyntonbeachcra. com From: CRfrancois @aol.com [mailto:CRfrancois @aol.com] Sent: Wednesday, March 28, 2012 4:30 PM To: Biscuiti, Kathy Subject: Special Events Ad Hoc Committee Hi Kathy, I need to let you know that I have to resign from the board due to conflicting days on the meetings. I am on the CRA in Lake Park for anothe three years. I thought I could manage both. Let me know what I should do please. I already emailed Vinola. Best Chris 3/28/2012 194 of 757 6.J CONSENT AGENDA April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Christina Griswold, a regular member of the Special Events Ad Hoc Committee EXPLANATION OF REQUEST: Christine Griswold has submitted her resignation as a regular member of the Special Events Ad Hoc Committee due to health issues. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Special Events Ad Hoc Committee will have a vacant position. FISCAL IMPACT: None ALTERNATIVES: None 195 of 757 Vinola Rada From: griswold christina [cmggator @yahoo.coml Sent: Tuesday, April 03, 2012 4:03 PM To: Vinola Rada Subject: Re: Special Event Ad Hoc Committee Meeting Vinola, The medical issue I was dealing with a month ago, reoccurred and I went back to the hospital this past weekend. I am under a Dr's care now, but the recovery is slow going. I asked my mother to drive over from Ft. Myers and stay with me because for several days I have been unable to stand up without feeling dizzy. I was truly excited to be a part of this committee and help create positive events for the city and her residents. It was certainly not my intent to miss last month's meeting, and now this month's meeting due to an ongoing medical issue. I have several more Dr. appointments scheduled this month to determine how to treat me, why it happened and hopefully prevent it from happening again. I do not want to take a seat that someone else who is able to attend the meetings and contribute consistently can fill. It is with much regret and disappointment, that I ask you to consider this my resignation from the Boynton Beach Special Events Ad Hoc Committee. I thank the city commissioners for having confidence in me and selecting me to serve. I wish the committee members all the best and can't wait to attend the events they will be creating. Sadly, at this point in time, I have to put my health and welfare first. Warmest regards, Christina Griswold From: Vinola Rada < vinolarada7180comcast.net > To: "'Biscuiti, Kathy "' < BiscuitiK(d,)bbfl.us >; 'Brad Sevaldson' < bradsevaldsonacomcast.net >; 'Christina Griswold' < cmggator(@Dyahoo.com >; 'Christine Francois' < CRFrancoisaaol.com >; 'Elliott Williams' < elliott(@)crmcorp.us >; 'Ginny Shea' < SheaV(d.)bbfl.us >; 'James Guilbeault' < Jim(c_Culinary- Solutions.net >; 'Libby Stroud' < strdl(@,comcast.net >, 'Vinola Rada' < vinolarada718acomcast.net > Sent: Tuesday, April 3, 2012 12:31 PM Subject: Special Event Ad Hoc Committee Meeting I -. Greetings — Just a reminder that our meeting is tomorrow Wednesday at the Library at 6:15 pm. The Boynton Beach Library, is located on 208 South Seacrest Boulevard, Boynton Beach. Please park in the parking lot on the SE corner or E. Ocean Avenue and Seacrest and access the library from there. Thank you, see you there! Vinola Rada 718 SW 3rd Ave Boynton Beach, FI 33426 561- 704 -3157 It is the nature of all greatness not to be exact. — Edmund Burke 196 of 757 r�_1 BIDS AND PURCHASES OVER $100,000 April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION PROPOSED RESOLUTION NO. R12 -036 - Approve the piggy- backing of Garland/DBS, Inc. utilizing pricing based on US Communities Master Agreement No. 09 -5408 for roofing services; and authorization for the Mayor to execute an Agreement between the City of Boynton Beach and Garland /DBS, Inc. The master agreement was adjusted for market pricing in South Florida in USC Proposal #25 -FL- 120103 for the amount of $251 974 and Utilities staff requests approval of a 10% contingency of $25,197.40, bringing the total budget appropriation to $277,171.40. EXPLANATION OF REQUEST The existing roofs of four (4) Utilities' buildings are in need of restoration and repairs; and one (1) building requires roof replacement. Aging and severe weather conditions contribute to a wide range of problems that include ponding water, rotted wood, broken and missing roof tiles, cracked flashings and coping, and exposed roofing felts. Damages have occurred to exterior and interior walls and windows, ceiling tiles and plaster ceiling. The locations of the five (5) buildings are: 1. East Filter Gallery — 1620 South Seacrest Boulevard a. Restoration and Repairs 2. South Chlorine Building — 1620 South Seacrest Boulevard a. Restoration and Repairs 3. Administration Building — 124 East Woolbright Road a. Flat Deck — Restoration and Repairs b. Metal Roof — Restoration and Repairs 4. 1 MG Storage Tank Equipment Building — 2611 SW 15 Avenue a. Replacement 5. 3MG Storage Tank Equipment Building — 3600 Miner Road a. Restoration and Repairs 197 of 757 The scopes of work will be performed using American Society for Testing & Materials and Miami /Dade code approved materials and installation. Staff is requesting approval of the US Communities (a nationwide Purchasing Cooperative) USC Proposal #25 -FL- 120103 to perform restoration, repairs and /or replacement to five (5) buildings as stated in the scopes of work in the bid document. Pricing in the US Communities Contract Master Agreement No. 09 -5408 for this work was $356,219; after Garland /DBS, Inc.'s local market price adjustment, the cost to the City is $251,974. (See pages 4 & 6 of attached proposal) The US Communities contracts have been competitively solicited and meet the City's requirements for the competitive bid process. US Communities verified that their bidding procedure complies with Florida Law as it relates to specific procurement matter; the verification is included in backup documentation. Proposed Resolution R12- for execution of an Agreement incorporates the terms and conditions of the underlying piggy- backed base agreement and Garland /DBS, Inc. to address issues such as resolution of disputes and litigation jurisdiction and venue. The Agreement will substitute City of Boynton Beach for all references to Cobb County, Georgia. Garland /DBS, Inc. has successfully completed roofing projects for the City at the Art Center, Tennis Center, and Public Works. US Communities has complied with the Public Bid requirements equal to or exceeding the City of Boynton Beach bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Existing conditions continue to cause exterior and interior water damages. Considering the value of equipment and water treatment plant system controls housed in the various buildings, the City could suffer costly emergency repairs and replacements to insure uninterrupted services provided by Utilities. The buildings scheduled for restorations and replacements include a 30 year Warranty from the manufacturer and a 5 year Warranty from the contractor; buildings scheduled for only repairs include a 2 year Warranty from the contractor. The contract also provides an annual maintenance inspection at no cost to the City. FISCAL IMPACT: Funds are available in Utilities' Account No. 403 - 5006 - 590 -96.02 WTR017. ALTERNATIVES: Continue to repair problem areas as needed and risk more extensive damage to equipment and buildings. 198 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY- BACK" OF A CITY OF COBB COUNTY, GEORGIA CONTRACT NO. #09 -5408 WITH GARLAND / DBS, LLC., FOR ROOFING MATERIALS AND SERVICES FOR FIVE (5) UTILITIES BUILDINGS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $251,974 PLUS APPROVAL OF A 10% CONTINGENCY OF $25,197.40 FOR A TOTAL BUDGET APPROPRIATION IN THE AMOUNT OF $277,171.40; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that US Communities and Cobb County, Georgia have complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to "piggy- back" a Cobb County, Georgia Contract #09 -5408 and authorizes the Mayor and City Clerk to sign a Contract with Garland / DBS, LLC., for roofing materials and services for the five (5) Utility Buildings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggy- back" of a Cobb County, Georgia Contract 909 -5408 and authorizes the Mayor and City Clerk to sign a Contract with Garland/DBS, LLC., for roofing materials and services for the five Utility Buildings in the amount of $251,974 plus approval of a 10% contingency of $25,197.40 for a total budget appropriation in the amount of $277,171.40, a copy of the Contract is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of December, 2011. CITY OF BOYNTON BEACH, FLORIDA 199 of 757 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) 200 of 757 CONTRACT FOR MATERIALS AND SERVICES FOR THE ROOF REPLACEMENT AT THE ART CENTER This Agreement is made as of this day of , 2012 by and between GARLAND/DBS, INC., a foreign Corporation authorized to do business in the State of Florida, with offices at 3800 East 91 Street, Cleveland, OH 44105 ( "GARLAND "), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City "). RECITALS WHEREAS, the existing roofs of four (4) Utilities buildings are in need of restoration and repairs and one requires roof replacement; and WHEREAS, at the April 17, 2012 City Commission meeting, the Commission approved piggy- backing an Agreement between Garland/DBS, Inc., and Cobb County, Georgia Bid No. 09 -5408 adjusted for market pricing in South Florida; and WHEREAS, GARLAND, submitted a proposal dated March 12, 2012 to the City to provide roofing material and services in USC Proposal 925 -FL- 120103 in the amount of $251,974 at prices based on Cobb County Georgia Master Agreement Bid No. 09 -5408 adjusted for market pricing in South Florida; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and GARLAND agree that GARLAND shall provide materials and services for five (5) Boynton Beach Utility buildings in the amount of $251,974 at prices based on Cobb County Georgia Master Agreement Bid No. 09 -5408 adjusted for market pricing in South Florida, a copy of which is attached hereto as Exhibit "A ", except as hereinafter provided: A. All references to Cobb County, Georgia shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, Interim City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742 -6010 / Facsimile: (561) 742 -6090 Copy: James A. Cherof, City Attorney 201 of 757 Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 Facsimile: (954) 771 -4923 C. The proposal from GARLAND dated March 12, 2012, is attached hereto Exhibit "B ". D. The venue for actions arising out of this Contract shall be Palm Beach County, Florida. Section 3. In the event that the Cobb County, Georgia Master Agreement is amended, or terminated, GARLAND shall notify the City within ten (10) days. In the event the Cobb County, Georgia Master Agreement is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. GARLAND agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Cobb County, Georgia Master Agreement are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: LE Woodrow L. Hay, Mayor Janet M. Prainito, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney GARLAND/DB S, Inc WITNESSES: BY: Print Name: Title: 202 of 757 ATTEST: SECRETARY 203 of 757 EXHIBIT A AGREEMENT BETWEEN COBB COUNTY, GEORGIA AND GARLAND/DBS, INC. 204 of 757 EXHIBIT B PROPOSAL FROM GARLAND DATED March 12, 2012 205 of 757 IV — M F-Tra Garland/DBS, Inc. 41#RF-1M&zv#IQN I ri AA 1 141 MAM I MOM ol o794MN'T 0 M Ems I market adjusted price for the project. Scope of Work: R Bitumen, and I M Install as per NOA No.: 11-0621.19 Page 43 Systeml IONS 206 of 757 Item # Item Description Unit Quantity Extended Price Price ADMIN FLAT, EAST GAL, CHLORINE BLDG 2.18 SYSTEM TYPE BUR W/ Insulation and Mineral Surfacing - $1.87 6,200 SF $11,594 Concrete Deck 1m: 2.14 SYSTEM TYPE BUR W/ Insulation and Gravel Surfacing - $1.87 1,700 SF $3,179 Concrete Deck RECOVERY BOARD TYPE 1/2" Treated Gypsum Insulation Board with 4.18 Glass-Mat (e.g. DensDeck / Securock I Equal) $1.69 7,900 SF $13,351 Installed Over an Existing Roof Adhered with Insulation Adhesive Roof Deck and Insulation Option: CONCRETE ROOF DECK - COLD PROCESS APPLICATION 6.20.01 Adhere Polyisocyanu rate in Insulation Adhesive $4.27 7,900 SF $33,733 /Adhere High Density Asphalt Coated Wood Fiber with Insulation Adhesive to Provide an Average R-Value of 20 In Compliance FM 1-90 Requirements INSULATION SLOPE OPTION Provide a 1/4" Tapered Polyisocyanurate 4.32 Insulation System while Maintaining the $5.82 7,900 SF $45,978 Average R-Value Including Tapered Crickets; Adhered with Insulation Adhesive ROOF CONFIGURATION I Ply of Torch Base, Mineral Surfaced Torch Cap Sheet, Torch Applied System: ASTM D 6162 SBS Fiberglass/Polyester 12.111.01 Reinforced Modified Bituminous Sheet Material $8.79 7,900 SF $69,441 Type III - 300 lbf/in tensile Torch Applied Membrane Over an SBS, Fiberglass Reinforced Torch Base Sheet - 80 Ibf/in tensile Torch Applied Base Sheet (ASTM D 5147) Torch Applied Flashings - Minimum I Ply of Torch Base and Torch Mineral Cap Sheet; Torch Applied: BASE PLY: SBS Modified Polyester/Fiberglass 21.21.01 Reinforced Base Torch Applied Flashing Ply - $16.20 3,177 SF $51,467 80 lbf/inch tensile (ASTM D 5147); TOP PLY: ASTM D 6162 SBS Fiberglass/Polyester Reinforced Modified Bituminous Sheet Material Type III - 300 Ibf/in Tensile Torch Applied Membrane Sub-Total Prior To Multipliers PWM Prevailing Wage Rate Multiplier 1.0 Roofer Prevailing Wage Rate in Palm Beach DDS REV. 12/08 0) 207 of 757 G 74Hl�A N(l� !r ��` '„ Install as per NOA.: 11- 0223.12 1. Install safety around entrances and properly load and store materials. 2. Tool out and install new caulking as needed. 3. Remove all rust with wirebrush, sanding or brushing. 4. Power -wash roof with Simple Green algaecide and allow to dry for 24 hours. 5. Strip in all seams, flashings, interior gutter and repairs with 1.5 Gallons of White Knight Urethane Coating and install Ulti -Mat Reinforcement. 6. Install 1 Coat of High Quality White Knight Urethane Coating at 1 Gal/ Sq. over entire roof with reinforcement. 7. Allow to dry 48 hours and inspect for areas needing touch up and repairs. 8. Install final coat of White Knight at additional 1 Gal./ Sq. 9. Provide 10 Year Manufacturer Warranty. 10. Provide 2 Year Contractor Warranty. ..- - 1. Remove existing commercial tiles and roofing system down to the fascia. 2. Remove rotten wood and replace with new decking per code. 3. Seal ventilation units as per specified detail. DBS REV. 12108 208 of 757 County, FL = $16.18 MULTIPLIER - ROOF SIZE IS GREATER THAN 5K SF. LESS THAN 10K SF Multiplier Applied when Roof Size is Less than 23.19 10,000 SF, but Greater than 5,000 SF Faed 30% 68,653 Costs: Equipment, Mobilization, Demobilization, Disposal, & Set -Up Labor are Not Completely Absorbed Across Roof Area Sub -Total With Multipliers $297,396 METAL STRETCH -OUT Metal Stretch -Out: Metal Edge 24 ga prefinished 8" with (3) bends $12.97 211 LF $2,737 $7.39 x 3 bends Q $1.86 Metal Stretch -Out: Coping 24 ga galvanized 18" with (4) bends $17.76 420 LF $7,459 $10.32 x 4 bends $1.86 Metal Stretch -Out: Counter Flashing 24 ga prefinished 12° with (4) bends $16.00 152 LF $2,432 $8.56 x 4 bends Q $1.86 Sub -Total With Multipliers $12,628 Prevailing Wage Rate Multiplier PWM Sheet Metal Prevailing Wage Rate in Palm -48% ($6,061) Beach County, FL = $13.59 Sub -Total After Multipliers $6,667 Combined Total $303,963 Install as per NOA.: 11- 0223.12 1. Install safety around entrances and properly load and store materials. 2. Tool out and install new caulking as needed. 3. Remove all rust with wirebrush, sanding or brushing. 4. Power -wash roof with Simple Green algaecide and allow to dry for 24 hours. 5. Strip in all seams, flashings, interior gutter and repairs with 1.5 Gallons of White Knight Urethane Coating and install Ulti -Mat Reinforcement. 6. Install 1 Coat of High Quality White Knight Urethane Coating at 1 Gal/ Sq. over entire roof with reinforcement. 7. Allow to dry 48 hours and inspect for areas needing touch up and repairs. 8. Install final coat of White Knight at additional 1 Gal./ Sq. 9. Provide 10 Year Manufacturer Warranty. 10. Provide 2 Year Contractor Warranty. ..- - 1. Remove existing commercial tiles and roofing system down to the fascia. 2. Remove rotten wood and replace with new decking per code. 3. Seal ventilation units as per specified detail. DBS REV. 12108 208 of 757 Garland/DBS, Inc. Item Description I Unit Price 3800 East 91 st Street Extended Price E Cleveland, OH 44105 N D B Phone: (800) 762-8225 PWM Fax: (216) 883-2055 a in cc 1895 4. Nail a base sheet. 5. Waterproof with membrane and mastics. 6. Install self-adhering Cl/ Garland underlayment as per NOA. Power Wash & Clean with TSP; Use Portable 7. Re-install Commercial Tiles in adhesives per code. 8. Provide customer a 2 year warranty on repairs. Line Item Pricing Breakdown 17.21 Item # Item Description I Unit Price Quantity Extended Price ADMINISTRATION BUILDING: PWM ELASTOMERIC URETHANE COATING FOR 1.0 METAL ROOF Power Wash & Clean with TSP; Use Portable Blowers to Clear Roof of Moisture; Prime, then 17.21 Install Base Coat I Top Coat as Specified with $5.88 6,000 SF $35,280 23.19 Reinforced Seams of Polyester or Fiberglass - I 30% $12,059 Urethane Coating wl Reinforced Seams (Urethane 2 Gallons per Sqr); Seams Need 2 1/2" Gallons per Sqr wl Reinforcement and Rust Inhibitive Primer (Primer 1/2" Gallon to 1 Gallon $52,266 per Sqr) $303,963 REPLACING BARREL CLAY/CEMENT TILE $356,219 ROOF SYSTEM - 18.14 New Barrel Clay/Cement Tile Roof System with $16.39 300 SF $4,917 Base Sheet as an Underlayment; Install Self- Adhering Underlayment an All Eaves, Peaks & n 71 - mam , DBS REV IMS 4 209 of 757 Sub-Total Prior To Multipliers $40,197 Prevailing Wage Rate Multiplier PWM Roofer Prevailing Wage Rate in Palm Beach 1.0 County, FL = $16.18 MULTIPLIER - ROOF SIZE IS GREATER THAN SK SF. LESS THAN 10K SF Multiplier Applied when Roof Size is Less than 23.19 10,000 SF, but Greater than 5,000 SF Fixed I 30% $12,059 Costs: Equipment, Mobilization, Demobilization, Disposal, & Set-Up Labor are Not Completely Absorbed Across Roof Area Sub-Total Of Metal Area: $52,266 Sub-Total Of Base Bid $303,963 Total for Project $356,219 n 71 - mam , DBS REV IMS 4 209 of 757 Garland/DBS, Inc. Item Description 3800 East 91 rt Street Quantity Cleveland, OH 44105 EN D B Phone: (800) 762-8225 Fax: (216) 883-2056 sivce '1895 Item # Item Description Unit Price Quantity Extended Price WEST GALLERY, LIME, and N. PUMP 2.18 SYSTEM TYPE BUR W/ Insulation and Mineral Surfacing - $1.87 13,1100 SF $24,497 Concrete Deck RECOVERY BOARD TYPE 1/2" Treated Gypsum Insulation Board with 4.18 Glass-Mat (e.g. DensDeck / Securock I Equal) $1.69 13,1100 SF $22,139 Installed Over an Existing Roof Adhered with Roof Deck and Insulation Option: CONCRETE ROOF DECK - COLD PROCESS APPLICATION 6.20.01 Adhere Polyisocyanurate in Insulation Adhesive $4.27 13,1100 SF $55,937 /Adhere High Density Asphalt Coated Wood Fiber with Insulation Adhesive to Provide an Average R-Value of 20 INSULATION SLOPE OPTION Provide a 1/4" Tapered Po lyisocyan u rate 4.32 Insulation System while Maintaining the $5.82 6,200 SF $36,084 Average R-Value Including Tapered Crickets; Adhered with Insulation Adhesive I ROOF CONFIGURATION 1 1 Ply of Torch Base, Mineral Surfaced Torch 12.11.01 1 1 Cap Sheet, Torch Applied System: $8.79 13,100 SF $115,149 1 ASTM D 6162 SBS Fiberglass/Polyester DBS REV. 12108 210 of 757 Base Bid: Garland/DBS - Proposed Local Market Price to Complete Project: $ 3 5 6, 2 tZ mm REV 17JO8 6 2llof757 Type III - 300 lbf/in tensile Torch Applied $361,587 Membrane Over an SBS, Fiberglass Reinforced Torch Base Sheet - 80 lbf(in tensile Torch $13.54 927 LF $12,552 Applied Base Sheet (ASTM D 5147) $12,552 PWM Torch Applied Flashings - -48% ($6,025) Minimum I Ply of Torch Base and Torch $6,527 Mineral Cap Sheet; Torch Applied: $358, 14 BASE PLY: SBS Modified Polyester/Fiberg lass Reinforced Base Torch Applied Flashing Ply - $16.20 1,798 SF $29,128 80 lbf/inch tensile (ASTM D 5147); TOP PLY: Reinforced Modified Bituminous Sheet Material Type III - 300 lbf/in Tensile Torch Applied Membrane Sub-Total Prior To Multipliers $282,93 Prevailing Wage Rate Multiplier PWM Roofer Prevailing Wage Rate in Palm Beach 1.0 $0.00 MULTIPLIER - ROOF SIZE IS GREATER THAN SK SF. LESS THAN 110K SF Multiplier Applied when Roof Size is Less than 23.19 10,000 SF, but Greater than 5,000 SF Fixed 30% 68,653 Costs: Equipment, Mobilization. Demobilization, Disposal, & Set-Up Labor are Not Completely Base Bid: Garland/DBS - Proposed Local Market Price to Complete Project: $ 3 5 6, 2 tZ mm REV 17JO8 6 2llof757 Sub-Total With Multipliers $361,587 METAL STRETCH-OUT Metal Stretch-Out: Metal Edge 24 ga prefinished 8' with (3) bends $13.54 927 LF $12,552 Sub-Total With Multipliers $12,552 PWM Prevailing Wage Rate Multiplier Sheet Metal Prevailing Wage Rate in Palm each County, FL = $13.59 -48% ($6,025) Sub-Total After Multipliers $6,527 Combined Total $358, 14 Base Bid: Garland/DBS - Proposed Local Market Price to Complete Project: $ 3 5 6, 2 tZ mm REV 17JO8 6 2llof757 Labor and Non Garland: Garland/DBS, Inc. Profit: 3800 East 91' Street Overhead: Cleveland, OH 44105 D B General Conditions: Phone: (800) 762-8225 MEM since '1895 Fax: (216) 883-2055 Base Bid Breakdown of Costs: Labor and Non Garland: $121,794 Profit: $ 7,308 Overhead: $ 9,744 General Conditions: $ 3,120 Sub-Total $141,965 Garland Materials: $100,618 Discount 1W ($ 1,006) Freight: $ 6,600 Sub-Total: $248,177 Bonds: $ 1,564 Insurance: $ 2,234 Total: $251,974 Labor and Non Garland: $142,809 Profit: $ 8,569 Overhead: $ 11,425 General Conditions: $ 3,120 Sub-Total $165,922 Garland Materials: $ 94,020 Discount 1%: ($ 940) Freight: $ 5,242 Sub-Total: $264,244 Bonds: $ 1,665 Insurance: $ 2,378 Total: $268,287 F-117-TrITUT"I STEeMm Labor and Non Garland: $ 5,600 Profit: $ 336 Overhead: $ 448 General Conditions: $ 710 Sub-Total $ 7,094 Bonds: $ 46 Insurance: $ 64 Total: $ 7,204 114.7-M Labor and Non Garland: $ 5,600 Profit: $ 484 Overhead: $ 645 General Conditions: $ 287 Sub-Total $ 9,475 Bonds: $ 46 DBS REV. 12/08 212 of 757 If you have any questions regarding this budgettestimate, please do not hesitate to call me directly at (216) 430-3689. DBS REV. 12109 213 of 757 U.S. Connnunities : State Statute Page I of I i U U.S. COMMUNITIES' GOVFRIMMENT PURCHAMNO ALUIOVVIE j Rome - Purchasing Resommas AUTHORIANG STATE STATUTE$ Select to View Other State/Territory StaIutes:FFGr, Backto State Statutes Map State of Florida Statutes --A5MSl2U— Chapter 163 Intergovernmental Programs Part I Miscellaneous Programs 163.01 Florida Interlocal Cooperation Act of 11469. jN (2) It is the purpose of this section to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. (3) As used in this section: (a) "Interlocal agreement" means an agreement entered into pursuantto this section. special district, single and multipurpose public authority, metropolitan or consolidated government, an Native American tribe, and any similar entity of any other state ofthe United States. (c) "State" means a state of the United States. (a) "Person" means: 1. Any natural person; Al NATCR QLAGUE 0EDt NAL�!-- <- I - http://Www.usconnnunities.orglpurchasing-resourceslstate-statutes-detail.aspx?state=FL 12/29/2011 214 of 757 II 111 , i 1 1 9 U 107T. Page I of 1 o mer with kj-S Home About US Contracts and Ordering Frequentl y Asked Questions i Key Advantages I SeNction Process oeuRrybent I Key Participants I Value ProposMon Supplier Cn Produ cts Participants Logln 0 ABOUTUS Legal Authority About US About U.S, Communities ' Government Purchirsirlig Afflancix contact us U.S. Communities Government Purchasing Alliance is a nonprofit government purchasing What's Now cooperative that assists local and state government agencies, school dim ets (K -12), higher education, and nonproft in reducing the cost purchased goods through pooling the purchasing Become a Supplier power of public agencies nationwide. This is accomplished through competitively solicited contracts for quality products through lead public agencies. Webinars Today more than 40,600 public agencies utilize U.S. Communities contracts and suppliers to pracure more than 1 billion dollars in products and services annually. Each month more than 400 new 7 1P,151711010 1"IM, public agencies register to participate. The continuing rapid growth of public agency participation is I a a r a ed by the program's proven track record of providing public agencies unparallel value. U.S. Communities- is committed to providing purchasing solutions to local and state government agencies, school districts (K-12), higher education, and nonproft. Copyright 0 2008, All riihfs reserved. h4://www.uwc)mmunities.org/aboutUs/Default.aspx Privacy Policy Terms of S.— 4/5/2010 215 of 757 U.S. CommunitiesTm I Frequently Asked Questions Page 1 of 2 Public Services Alliance 1} California Communities Canadian Communities Compliance Services U.S. Communities Products w y S e lrtor valtt t Borne About US Frequently asked Questions jai' ,inn Contracts and Ordering FREQUENTLY I Products Participants Login Legal Authority What is U,S. U.S. Communities is a non p government purchasing com 7 urntlesTm'? coo that assists public agencies in reducing the cost of About US purchased goods and services through pooling the purchasing power of public agencies nationwide. This is accomplished through Contact US competitively solicited contracts for quality products through lead What's New public agencies. "chat are the a Competitively solicited contracts by a lead public agency Become a Su pp Her advantages of • Most favorable public agency pricing participating °n U.S. a No cost to participate ebinars Cornmuniti °f a Nationally sponsored by leading associations and purchasing organizations e Broad range of high quality products r Aggregates purchasing power of public agencies nationwide a Managed by public purchasing professionals Does U.S. Yes. The Advisory Board consist of public purchasing Communities have professionals that provides leadership and overall direction forthe h r j professional public U.S. Communities. Click hereto view the list of Advisory Board purchasing members .,., advisors? Can my puNic Yes, in most states. All U.S. Communities co have been agency use th competitively solicited by a lead public agency in accordance with program without their pudic purchasing rules and regulations. Each solicitation gotrtg out for contains language, which advisee all suppliers the subsequent solicitation? contract may be used by other government agencies throughout ! l the United States. This language is based on the lead jurisdiction r "Joint Powers Authority" or "Cooperative P cement" Authority. Although each government may have different purchasing l a . procedures to follow, applying these competitive principles satisfies the competitive solicitation requirements of most state and local government agencies. what is a ,Gotltt State statutes and, if applicable, local ordinances generally allow Powers or one government agency to purchase from contracts competitively Cooperative solicited by another government agency ('Lead Public Agency"). Procurement This, of course, would require the consent of all parties including Authority"? the supplier, the Lead Public Agency and government agency purchasing from the Lead Public Agency contract. U.S. Communities contracts are established to meet both the competitive solicitation and consent requirements. Generally, a public body may participate in, sponsor, conduct or administer a cooperative procurement agreement with one or more other public bodies, or agencies of the United States, for the purpose of combining requirements to increase efficiency or reduce administrative expenses. In some states, this power is not passed on to localities. How can I obtaan Contract and Master Agreement, Amendments, Extension, RFP copies of the kagdd and Solicitation documents are available for download and viewing documentation at the Cornpeffbvety Sollefted Contracts page. associated with each competitively solicited contracts? What does a- public Public agencies must register to parlicipate. There are no agency do to restrictions on the amount or size of a pudic agency order. http://www.uscommunities.org/aboutUs/f"aq.aspx 4/5/2010 216 of 757 U.S. CommunitiesTm I Frequently Asked Questic participate? How much does it rost to partidpate irl U'&' Communities? How Is U,& Con mmunittes funded as a nonprofit? Can agencies other than public agencies use the prog rarn 7 If them he a performance problem with a suppilar at step do t take to resolve the probion? If our agency wants to use the contracts and buy from other contracts is that. permtftd? How do I become an authortzed suppiliar of U'S. Communities? , ns Page 2 of 2 There are no costs or fees to the local agency to participate. Each contract supplier pays a 1% - 2.5% administrative fee to participate in the program and such fees fund operating expenses and offset costs incurred by national and state sponsors. Yes, nonprofit agencies providing a service on behalf of a governmental entity can use the program in addition to counties, cities, special districts, schools, universities and colleges, towns, villages and state agendas. First speak to the supplier representative, but if this does not work, ask to speak to the U.S. Communities national account manager or contact U.S. Commurifts. Yes, all U.S. Communities public agency contracts are non- exclusive. Please read the Supplier InquAies page. Back - 1 a Tql Copyrigh' C 2069, Ail rights reserved. hffp://w%N-w.uscommunities.orglaboutUs/faq .as px 217 of 757 Privacy Policy Terms of Service 4/5/2010 U.S. Communitiegm I Key Advantitges U,& Products on, 2A Home I About US I Key Advantages ( Contracts and Ordering Products KEY ADVANTAGES Peaticipants Login 110 Page I of I Public Services Alliance California Communities Canadian Communities Compliance services U.S. Communities Copyright q 2000. All rights reserved. http://www.uscommunities.org/aboutUs/keyAdv.aspx Pmacy Policy Ter.. of Service 4/5/2010 218 of 757 Savings Legal Authorky a No user fees Abo US • Saves time and money e Frees resources for other public priorities, programs and services Contact US Supplier partners guarantee best overall government pricing What's New Competitively solicited Become a Suppiter • Competitively solicited government contracts Webqnars • Meets most government agency "piggybacidirig" requirements Copyright q 2000. All rights reserved. http://www.uscommunities.org/aboutUs/keyAdv.aspx Pmacy Policy Ter.. of Service 4/5/2010 218 of 757 2l9of757 U.S. Communities 2033 North Main Street, Suite 700 Walnut Creek, CA 94596 Scott Wilson/David Kidd, Gentlemen: Respectfully, il Pei I 1;q wit migil Equal Opportunity Employer — Mark Kohncopp Interim Purchasing Director Cobb County... Expect the Best! w .cobbcounty.org 220 of 757 COBB COUNTY PURCHASING DEPARTMENT 1772 County Services Parkway Marietta, Georgia 30008-4012 phone: (770) 528-8427 - f-: (770) 528-1 154 U.S. Communities 2033 North Main Street, Suite 700 Walnut Creek, CA 94596 Scott Wilson/David Kidd, Gentlemen: Respectfully, il Pei I 1;q wit migil Equal Opportunity Employer — Mark Kohncopp Interim Purchasing Director Cobb County... Expect the Best! w .cobbcounty.org 220 of 757 w H u", D -alm ". i -63- CH N N'f ? n 0 n' F #, y , F RS 221 of 757 rMi RECITALS GARLANDIDBS TNC a Delaware c(AIP By Naivety ame: Title: —rr 222 of 757 1 7�1 Name: Title: "In Approved as to farm: By ,Iv �- 11 -,V-A - 4 J• le- 1,� ,# j 11 "P ,, - qtWw 7 �// 1 Name; - z)I - XcA a. X Title: A-,slsx� 223 of 757 FEMA STANDARD TERMS AND CONDITIONS ADDENDUM FOR CONTRACTS AND GRANTS If any purchase made under the Master Agreement is funded in whole or in pail by Federal Emergency Management Agency ("FEM ") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 ("44 CFR 13'). In addition, Contractor agrees to the following specific provisions: I . Pursuant to 44 CFR 13.36(1)(1), Cobb County is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2. Pursuant to 44 CFR 13.36(1)(2), Cobb County may terminate the Master Agreement for cause or convenience in accordance with the procedures Set forth in the Master Agreement and those provided by 44 CFR 13.44. 224 of 757 e 0 NOW Rim= V i UA I . cet forth at 44 CFR 40 and 41. 5. Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions regarding patents: a. At I rights to inventions and/or discoveries that arise or are developed, in the coarse of or under this Agreement, shall belong to the Cobb County and be disposed of in accordance with Cobb County policy. Cobb County, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, ill accordance with 44 CFR 13.34, FBMA reserves a royilty rioliexCIL[SiVe, and irrevocable license to reproduce, PLIbliSh or otherk"'ise use, for Federal Government purposes: I IN N I IN ownership with grant slipport. 7. PllrSLlant to 44 CFR 13.36(i)(10), Contractor shall inaintainany books, documents, papers, and records of the Contractor whicli are directly pertinent to this Master Agreement. At any time during nornial btBilleSS 11011rS and as often as Cobb County deeins necessarii, ContrRctor 1-1j"(ZWO;NW� General of United States, or any of their chily authorized representatives to inspect and pliotocopy such records for the purpose of inakingaudi [, examination, excerpts, and transcriptions. 8. Pursuant to 44 CFR 13.36(i)(I 1), Contractor- shall retain all required records fluee years after FEMA or Cobb County makes firial payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. 1 225 of 757 This First Amendment to Master Agreement (the "Amentiment") is made as of March �7�' 2010, by and between Cobb County, Georgia ("-CgLbb Garland/DBS, Inc., a Delaware corporation (the "Compan WHEREAS, Cobb County and the Company entered into a Master Agreement dated as of November 24, 2009 (the "Master Agreement " }; and I i4j) 1 1- 1 -9 11 1 wait 94 EQUIVA Un"MM 111111 Ow n"'M *Urfaal SECTION I. Co ' nl - Dliance. The Company in providing services under the Agreement shall comply with and shall require those to which it sells products and services to comply with the terms and conditions set forth in Exhibit A hereto that is Aled "AR RA Standard Terms and Conditions Addendum for Contracts and Grants" which is adopted by reference and incorporated into the Master Agreement as though fully set forth therein. In Exhibit A, the Company is called tlic"Con(ractor/Grantee". SECTION 2. AUqgMpp1 Remains in Full Force. The Master Agreement, except as amended by this Amendment remains in full force and effect. IN WITNESS WHEREOF, tile parties hereto have executed this Amendment to be effective oil the day and year first wriLten above. Cobb County Board of Commissioners By: All Garland /DS, Inc. By: Name" -Xzq- Title: 226 of 757 ARRA STANDARD TERMS AND CONDITIONS ADDENDUM FOR CONTRACTS AND GRANTS If a contract or grant involves the use qffitndsfirom the federal kneriM.17 Recovery an (l Reinvestment Act of 2009, Pub. L. 111-5 ("Recovery /lei "), the following lerins and Conditions ap171) As used ill this Section, "CoizircicloilGi the contractor or cyrantee receiving e> g ing Recover), Act from Cobb County, Georgia ("Cobb County') unefer this agreement. 1. The ConlravorlGrantee specificalli.: agrees 10 comply ivith each of the terms (eful con-dirioiis contained herein. 2. Contractor/Grarptee understands and acknoiviedgres that thefiederal stim ithis filindingrprocess is still evolving and that new requirements for Recover), /let cowl)liance may still be forthconiii7,- gOV071111011, State of Georgia, and Cobb County . Accordingly, Contractor/Grantee specifically agrees Mat bosh it and szil)coiilrciclot-.s-Isi.ibgi-ti,i7lee.y ivill comply wilh all such requiremelia during the coraract period. AVAILABILITY OF FUNDING Contractor /Grantee agrees that programs supported with temporary federal funds made available from the Recovery Act may not be continued with Cobb County Financed appropriations once the temporary federal funds are expended. BUY AMERICA REQUIREMENT Contractor/Grantee agrees that pursuant to Section 1605 of Title XV of the Recovery Act, neither Contractor/Grantee nor its stiocotiti will use Recovery Act funds for a project for the construction, maintenance, or repair of a public building Or public work unless all of the iron, steel and manufactured goods used in the Project are produced in the United States in a manner consistent with United States obligations under international agreements. This requirement shall be applied unless the use of alternative materials has been approved by a federal agency pursuant to Section 1605, CONFLICTING REQUIREMENTS Contractor/Grantee agrees that, to the extent Recovery Act requirements conflict with Cobb County requirements, the Recovery Act reqUirerrICIAS shall Control. FALSE CLAIMS ACT Contractor/Grantee agrees that it shall promptly refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, subgraritee, subcontractor or other person has submitted a claim under the federal False Claims Act, as amended, 31 U.S.C. §§3729-3733, or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. 227 of 757 ENFORCEABILITY Contractor /Grantee agrees that if Contractor/Grantee or one of its subcontractors/subgrantces fails to comply with all applicable federal and state requirements governing the use of Recovery Act Funds, Cobb County may withhold or Suspend, in whole or in part, funds awarded under the program, or recover misspent funds MIOWillg all audit. This provision is in addition to all other remedies available to the Cobb County under all applicable state and federal laws. INSPECTION OF RECORDS Contractor /Grantee agrees that it shall permit the United States Comptroller General or m his representative or the appropriate inspector general appointed under section 3 or 8G of Lhe federal Inspector General Act of 1978, as amended, 5 U.S. App. 5§3 and 8(g), or his representative to: (1) examine any records that directly pertain to, and involve transactions relating to, this contract and (2) interview any officer or employee of Contractor/Grantee Or any Of its SLII)COiitractoi°s/sLibui regarding the activities funded with funds appropriated or otherwise made available by the Recovery Act. JOB POSTING REQUIREMENTS Section 1512 of the Recovery Act requires SL',ItCS MCCiVing Still]UIUS funds to report Oil jobs created and retained as it result of the stimulus fin ds. Coil tracto rs/Grar, tees who receive Recovery Act Funded contracts are required to post jobs created and retained as a result of stimulus funds on the State of (3corgia's appropriate websitc. PROHIBITION ON USE OF RECOVERY ACT FUNDS Contractor /Grantee agrees that none of the funds made available under this contract may be used for any casino or other gambling establishment, aquarium, 7oo, golf course, swimming pools, or similar projects. REPORTING REQUIREMENTS Pursuant to Section 1512 of Title XV of the Recovery Act, entities reecivilig Recovery Act Rinds must submit a report to the federal government no later than ten (10) calendar days after the end of each calendar quarter. This report must contain tile information outlined below. Accordingly, Contractor/Grantee agrees to provide the County with the following information in a timely manner: a. The total amount of Recovery Act funds received by Contractor /Grantee during the Reporting Period; b. The amOURt of Recovery Act funds that were expended or obligated during the Reporting Period; 228 of 757 c. A detailed list of all projects or activities for which Recovery Act funds were expended or ob) igited, including: i. the naine of the project or activity, ii. a description of the project or activity; iii. all evaluation of the completion status of the project or activity; and iv. an estimate of the number of jobs created and the number of jobs retained by the project ol activity; d. For any subcontracts or subgrants equal to or greater than $25,000: i. The name of the entity receiving the subaward; ii. The amount o C the subaward; Iii. The transaction type; iv. The North American industry ClassiFication System (NAICS) code or Catalog of Federal Domestic Assistance (CFDA) nUnIbOr; V. Program Source; vi. An award title descriptive of the purpose of each funding action; Vii. The location Of the entity receiving the subaward; viii. The primary location of tile subaward, including the city, state, congressional district and country; ix. A unique identifier of the entity receiving the sub-award and the parent entity of Contractor/Grantee, should the entity be owned by another; x. Tile names and total compensation of the five most highly compensated officers of the company if it received: 1) 80% or more of its - annual gross revenues in Federal awards; and 2) S25M or more in annual gross revenue from Federal awards. c. For any subcontracts or subgrants of less than $25,000 or to individuals, the information required may be reported in the aggregate and requires the certification of an authorized office) of Contractor /Grantee that the information contained in the report is accurate. f. Any other information reasonably requested by the County Or required by state or federal law or regulation. Standard data elements and fcderat instructions for use in complying with reporting requirements Under Section 1512 of the Recovery Act, are pending review by the federal government, and were published in the Federal Register, 74 Federal Register, 14824 (April 1, 2009), and are to be provided online at vvww. Federal Rep oili jig. g oo v. SEGREGATION OF FUNDS Contractor /Grantee agrees that it shall segregate obligations and expenditures of Recovery Act funds from other funding. No part of funds made available Under the Recovery Act may be corningled with any other funds or used for a Purpose Other than that of making payments for costs specifically allowable under tile Recovery Act. 229 of 757 1 0 0 0 0 A 9 0 SUBCONTRACTOR REQUIREMENTS Contractor /Grantee agrees that it shall include these standard terms and conditions, inClUding this requirement, in any of its subcontracts or suligi in connection with projects funded in whole or in part with funds available under the Recovery Act. WAGE REQUIREMENTS Contractor/Grantee agrees that, In accordance with Sciation 1606 of Title XVI of the Recovery Act, both it and its subcontractors shall fully comply With [his section III that, notwithstanding any other provision of law, and in a manner consistent with the other provisions ofthe Recovery Act, all laborers and mechanics employed by contractors and subcontractors on projects funded in whole or In part with funds available under the Recovery Act shall be paid wages at rates not less than those DI - evailing, oil projects of a character similar In the locality, as determined by the United States Secretary of Labor in accordance with Subchapter TV ol'Chapter 31 of l'itic 40 of the United States Code. WHISTLE BLOWER PROTE( Contractor/Gran tee agrees that both it and its subcoiiti•actot shall comply with Section 1553 of the Recovery Act, which prohibits at) non-federal Contractor/Grantees; of Recovery Act funds, including Cobb County, and all contractor's and grantees of Cobb COLInt y, , from discharging, demoting or othLi discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of (1) gross mismanagement of a contract or ;rant relating to Recovery Act funds; (2) 1 gross waste of Recovery Act Funds; (3) a substantial and specific clanger to public health or safety Mated to the implementation or use or Recovery Act funds; (4) an abuse of aLIt11OI'ity related to implementation Or Use Or Recovery Act funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to Recovery Act funds. In addition, Contractor /Grantee agrees that it and its su bco n I racto rs/sub gran tees shall post notice of the rights and remedies available to employees under Section 1553 of Title XV of the Recovery Act. 230 of 757 This action amends the current contract referenced above. It is valid when signed by both the owner and the contractor. The signature of the Contractor indicates his agreement herewith. ACCEPTED- The above is satisfactory and is hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless before or herein modified. Signed: z/ Rick Brun 01M �1001� Date: 2 — 0 3 P— � C ." CONTRACTOR Garland/DBS, Inc. 3800 East 91" Street W Title: President Date: 6 ()- & (C 1 231 of 757 r R rR r. ti ti n n o� rn w � CIR w w OR eo eo eo I OEM NINNIN1NININININ 0 V 232 of 757 -, UJ ifl in tll fn VJ N d) M M W W V .!` .. .. N C IN ... .. _ _ a Z . LL O � � E O Y em V ... Z .. _ ..� .. d av w a o S. m o -le .. .... 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W Q w S a w W Q a ,cLL ad'G a° a°i ::i av® ad ad` H a a 7 F a ~_ _j r. a F a N J =a F a J =a F a J_ a F. c. a J 7 F Q- a J 7 F �- o J - E 7 7 Q tp r2 �i W U 7 7 0 M EE Pi 7 7 0 am 7 7 0 'F 52 7 7 0 ME N 7 7 Q 2 2 W 7 cr rL f W 7 y H MO t N N N N N N M N C7 N (M N M N M N M N M N M N W U w W N p Z Q W V p w a Z LL 0 a: 240 of 757 PRICING FORM FOR ROOFING PRODUCTS AND SERVICES Sheet Metal Accessories Covered Under these Pricing Tables: -Drip Edge $8.95 - Gravel Stop ' :$8.45 - Gutters, Straps, Hangers & Fasteners $10.57 - Coping ,- ,$9.46 - Surface Mounted Counter Flashing 16" - Reglet Mounted Counter Flashing $10.24 -Skirt Flashing $9.58 - Expansion Joints $12.13 - Miscellaneous Metal Fabricated Details $10.32 �ynar Coated Steep 20" Size i Gauge 20 Go 22 Go 24 Go 26 Go 6" $7.39 $6.98 $6.79 $6.73 8" $8.20 $7.65 V $1.39 $7.32 w " 10" _ h7 96 $8.96 $8.28 $,7.86 12" $9.76 $8.95 $8.56 ' :$8.45 14" $10.57 $9.61 ,- ,$9.46 $9.03 -� - 16" $11.33 $10.24 $9.7 $9.58 18" $12.13 $10 $10.32 e $10.16 20" $12.94 $11.66 $T0.0 $10.74 22" $13.69 $12.20 $1 1 .49 $11.29 24 " s26' $1.5p `.$12,8 $12.09 x$11.87 :x$1531 $43:54 .'$12,9', _ $12.45 8't '$1(;.Q6 $1 4.17 $13.26 $13.00 30" $16,87 :$14.83 $13.86 $13.58 32' $17.671 $15.50 $14.46 $14.16 34 $18.43! $15.03 $14.71 36' $19.24 $16.80 $15.63 $15.29 38" ' $20.04 $17.46 $16.23 $15.87 40" ' $20.80 $18.09 $16.79 $16.42 42" $21.61 $18.76 $17.39 $17.00 44" $22.37 $19.39 $17.96 $17.55 46" $23.17 $20.05 $18.56 $18.13 48" $23.98 $20.72 $19,16 $18.71 Price Per Bend $2.23 $1.86 $1.86 $1.86 Page 46 of 55 241 of 757 IIIIC 1 111111 1111! 1111 and WHEREAS, at the June 21, 2011 City Commission meeting, the Commission approved pigW an Agreement between Garland/DBS- Inc.- and Cobb 09-5408 adjusted fbr market pricing in South Florida; and V-/MREAS, GARLAND, submitted a proposal dated April 26, 2011 to the City to prices based on Cobb County pricing in South Florida; and Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and GARLAND agree that GARLAND shall provide materials and services for the Boynton Beach Art Center Roof Replacement in the amount of $79,935 at prices based on Cobb County Georgia Master Agreement Bid No. 09-5408 adjusted for market pricing in South Florida, a copy of which is attached hereto as Exhibit "A" except as hereinafter provided: A. All references to Cobb County, Georgia shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, Tnterim City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-60ti Page I C: l\hdobsonU.DCALS-I\T=W\notwEM 12D\PiWbwk - Garland - DHS (m-roorart acnw).daa 242 of 757 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 UN IF I R11 1 11 11110 !ill i'il EN WITNESS OF THE FOREGOING, the parties have set their hands and seals the Lvear Tn#willl above. Page 2 C:W.00UMrvl\hdobson%LOCALS—INTerdp\notesEA312D\PiMback - Garland - DDS (rt-racflle centcr).doe 243 of 757 WITNESSES: ATTEST: U �37 iM Page 3 CADOCL - Garland - DBS (r6-rwf&tt ccmter).doc 244 of 757 E:ff_1 CODE COMPLIANCE & LEGAL SETTLEMENTS April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ® CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A ") for Case #09 -3367 filed March 21, 2011 to reduce the fines in this case to an amount of $33,000 EXPLANATION OF REQUEST: This item was tabled from the May, 3 2011 Commission Meeting (minutes attached as City's exhibit "D "). Pursuant to Chapter 2, Article V of the City of Boynton Beach Code of Ordinances the applicant filed an appeal to the Board's Lien Modification Order. The basis for the appeal is further described in the applicant's correspondence with our office and included in the back up (City's Exhibit "B "). The applicant represents HSBC Mortgage Services, Inc. in the property subject to out lien involving a vacant home that was in foreclosure. In their appeal and further discussion during the February 16, 2011 Lien Reduction Hearing (minutes attached as City's Exhibit "C ") the applicant feels their client moved quickly and in good faith with respect to correcting the violations that included securing and cleaning a swimming pool and registering the property as required by Code. The applicant stated on the record the property came into compliance with our regulations much earlier than staff documented however no one had notified Code Compliance staff of their actions and therefore the fines continued to accrue at $500.00 per day. Given the testimony of the applicant and the large amount of the fine ($191,134.12) the Code Compliance Board inserted the date referenced by the applicant as the compliance date for securing and cleaning the pool for the purpose of considering the reduction, but chose to not reduce the fine from that amount of $33,000.00 (the case complied on 1/12/11 when the property was registered with FPRC). Discussion point number (5) on the second page of the applicants appeal statement speaks directly to this issue. In addition the applicant states that HSBC never received proper notice of violations and hearing which are included as City's exhibit "E ". 245 of 757 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The property remains in compliance and therefore has no impact on our programs or services. FISCAL IMPACT: Our primary concern is compliance and the recovery of our costs and any monies over and above that amount ($634.12) will be supplemental. ALTERNATIVES: Modify findings of the Code Compliance Board. 246 of 757 E k; � 1 4 "d " CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH Petitioner, vs, CASE NO. 09-3367 HSBC.%40E:1GAGE SERVICES INC. Respondent(s). LIEN MODIFICATION ORDER THTS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on February 16, 2011, pursuant to Chapter two, Article five of the City Code of'Ordiriances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that T. This Board has subject rratter jurisdiction of this cause and jurisdiction over the Respondent, 2. The Respondent has iriv all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on December 16, 2009 on the Property located at 140 SE 28"' Cit., Boynton Beach, Florida, with the legal description Q f: SEACREST ESTATES LT 10 BLK 7, according to the plat thereof as recorded in Plat Book 24, Page 245, of the Public Record-, of Palm 13pacti Ccanty, Florida, PCN: 08-43-45-33-08-007-0100 is REDUCED TO.-$33,000.00. 1 222 of 353 247 of 757 4. The City shall prepvc a release and satisfaction consistent with this Order. j. The release and safisfac6o•: shall be reocrded in the public records of Palm Beach County at the Rcspondent's expense. 6. This Order is not Filial until ilia [fire period for appeal under the Code I-as elapsed and if appealed is properly disposed by the City Commission. 7, In the event that the property ownei does not comply wiCh the Code Compliance Board order, as approved or rnarfificd by the City Commission, within ninety (90) days of Commission's action, the Lien Reduction Order .shall be of no further force or effect, and the original lien shall remain on the property. No extensions or fir ninety (90) day period shall be perrritted, and ro further action by the Mode Compli-ance Uaaud or the City Commission shall be permitted regarding„ lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this _LK day of d 2011. Michele Costantino, Chairperson CODE COh7PL1ANCE BOARD FILED MAR 2 1 2011 WY CLERK'S OFFICE 2 223 of 353 248 of 757 Appeal —Or , From, Carl Sugarman Sent. Thursday, Marcli 31, 2011 9, To. Springer-, Diane Sitn5jem Appeall0tyrof Boynton Beacb Code Compliance. Case Number 09 -33671 140 V- 2Srh Ct Bo yv ton Bench, R. Deev-Pts. Springer, As you ;ire amwv, I represent, TISBC.Moggage Services, Inc. Please consider dais e -mail as tnyNotice ofAppeal of the Lien Modification Order entered in Me case referred toahove by the Code Compliance Board for Me Ot3 Bo)-nwn Beach, Florida under rase mIInherO9-3367,sdd order being dared February v IS, 2011 and filed M7rch 21, 20.11 1 t4di the Boynton Beach City Clerk s office. This appeal is based upon the follmyingground5. 1. Based upon the circumstances; and the actions Nikon by HSBC Mortgage Services, Inc., the amomi t of the fine is excessive and the imposition thereof an7ountv to an ahnsc of diwretion by Me Code Enforcement Board Z TIIC Code used by the Board in r1lb; rase are on ,,lac ir i."-ice, defective, rendering this fine illegal, 1117constitation,71, and gulf and void. -;. The fine imposed for the purported i4oladom; cited by the code Officers occurred ara time Services, Inc. r"snot the nu rler and rteverdreless, by the time Inc acquired ownership, all of the i4olations in the above case had been corn-ccted and the property Tins in compliance. 4, HSBCAAOrtgg4',- Services, Jjw, was not the legal owner at the time of Me i4ofvriao and the code enforcement officer& duty to provide adequate notice to the purported violator was not discharged and failed to COMPh' With notice requircments set forth in the dpplicahle City Ordinance and Cliapter 162 of the Florida Statutes and.HS13CVfn,rrJYI,- Services, Inc. did nor receivv adequare notice as required by law acrd 224 of 353 249 of 757 FISCAL IMPACT: Our primary concern is compliance and the recovery of our costs and any monies collected over and above that amount ($634.12) would be supplemental. ALTERNATIVES: Modify the findings of the Compliance Board. 221 of 353 250 of 757 mvs not afforded due process as required bythe Constitutions of the State of Florida dpd The United States of America. 5. f,,, the Code Enforcemen the Code Enim-cernenrBoardart uvi,g b t Board that the I 7roperty wav broug-6t into compliance as ofa certain date, and the board used that same dare io compute and Aupa5e the brae of$.33, RV, 2 ims in fact, no mitigation of this fine by the Code Liiforuetnept Board, notwithstawilng the fiicr that HSBC Mortgage Services Lr2c, took the correctii-e action as a non owner mortgagee and as? responsible corporate citizen without ever hat4i2greceivrdactizal notice ofthe Violation and the propertybad been brought to in to eomplimce before HSBC Mor(gwge Services, Iric. had acquired title to the premises. Masvpre,Tent this Notice ofAppealasrequired by law, and advise the under.upied ofthc tune and plrce fi)r the Board of hearing on this appeaL Thank- you. Re.spectfully submitted, Earl hl: Sugarman, &q. Cad m Sn P.A. 77W35. DIvie Miami, Florida 3-3157 30�25-1-6100 (0) 30,5-Zi_5-0360 (F) 225 of 353 251 of 757 FXh I bl-� It s^ 11 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 remedy the violations and the previous vlolations of the Respondent, that this Board impose and certify "No Fine." Ms, Carroll seconded the motion that unanimously passed. Case #09-3367 HSBC Mortgage Services Inc. 140 SE 28th Ct. Mr. Blasie presented the case as contained in the Notice of Violation. The property was cited on October 20, 2009 for violations of the Community Appearance Code. and Property Registration. The case was heard December 16, 2009. No one appeared. A compliance date and fine was established as December 26, 2009 or $500 because of the pool. Staff documented compliance on January 12, 201 having 381 days of non- compliance plus administrative costs. Mr. Blasie had photographs he circulated to the Board. Tie property was a foreclosure. The property was non-compliant due to the property registration. Carl Sugarman, 17345 S Dixie Highway, representing HSBC had an email from a company called Safeguard, that the pool was shocked on March 4, 2010. The pool was secure and the fence was fixed on the same day. Mr. Sugarman did not know why the City of Boynton Beach was not notifted- The actual Certificate of Title was issued April 28, 2010. The case was brought in 2009. The title search had an effective date of February 26, 2010. The lion was recorded March 8, 2010. When they did the original title search, the title company missed the lien by about eight days and although they did not own the property, they undertook to fix it. The property was vacated and secured before filing the foreclosure suit. When the Certificate of Title was issued, the property was fully in compliance. The email was dated March 4, 2010, which was the sale date, and was in compliance. The Certificate of Title was Issued a month later Mr. Sugarman thought there may be a contract, but believed it may be on hold. He also aid not have any information about the value of the property, Chair Costaffno questioned the REO guidelines and how it compared to the Code, Mr. Blasie explained there war;-- standards. Mr. Blasie explained N the company fixed the fence, the pool was secure. There was a padlock on the gate. The real estata broker sent an email dated March 24 saying the gate was locked. Motion Based on the testimony and evidence presented in the aforementioned case, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Section 2-84 through 2-89 of the C'ty of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board reduce the fine instituted In the aforementioned case by virtue of this Board's Order of December 16, 200 to an 15 226 of 353 252 of 757 Meeting Minutes Code Compliance Board Boynton Beach, FL February 16, 2011 amount of $33,000 Inducing administrative costs. Mr. Karageurge seconded the motion, The motion passed 6-1 (Vs. Carroll dissenting.] The Board took a'shortrece-s.5 at 8.28 p.m. The meeting reconvened at 8:38 p.m, Case #08-2373 Stonehaven Homeowners Association Property Address: 1822 Stonehaven Drive Violation(s): ILDR CH 14 SECA I LDR CH7.5 11 SEC. 5(B) Repair potholes in road, replace missing trees and shrubs In accordance with sitellandscape plan on file with the City. John Herring, Code Compliance Officer, presented the case as contained in the Nottice of Violation. Staff recommended 60 days be given for compliance, by April 17, 2011, Officer Herring visited the property to meet with the Association and they once again, changed board members. The change over was the rationale for the 60 days. Motion Based on the testimony and evidence presented in the aforementioned case, Mr. Foot moved that his Board finc that Stonehaven Homeowners' Association is in violation of the City of Boynton Beach Code sections cited and moved to Order that the Respondent correct the violations on or before April 17, 2011. The Board has considered the gravity of the violations, the actions taken by the Respondent and any previous vitiations by the Respondent and hereby orders that if the Respondent does not comply with this Order, a fine in the amount of $50 per day for each day the violations continue past April 17, 2011 plus administrative costs shall be imposed. The Respondent is further ordered to contact the City of Boynton Beach Code Compliance Division i.i order to arrange for re- inspection of the property to verify compliance with this Order, Mr. Karageorge seconded the motion that unanimously passed, Case #10-564 Salvatore M. DeCanic, Property Address: 211 E. Boynton Beach Boulevard Violation(s); CO CH10 E0 10-56(B)(D) Repair or replace canopy :materials on overhang extension in front of your building. Replace dead grass around building. Officer Webb presented the case as contained in the Notice of Vlotatlon. Staff recornmended 30 days be given to correct the violation by March 18, 2011. This was the only case the Board had and it was tabled several times. The first deal regarding the prop" fell through, The deal was renegotiated to get the loan approved. Officer 16 227 of 353 253 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 Mayor Rodriguez established the Bank already owned the condo. Liens are transferred or attached to the property and not the person. Commissioner Holzman reiterated his motion to approve Case 10-1826. Commissioner Ross seconded the motion. The motion passed unanimously, Attorney Cherof suggested Mo. Po(orno called the City Attorney's office tomorrow and he would discuss with her what had occurred. B Approve or modify the Code Compliance Board's Lien Modification Order (Cby'y Exhibit ''A")in Case 0A'3387 filed March 21.2O11 to reduce the fines in this case toan amount of$33.0DO. Commissioner Holzman moved 1oapprove. Commissioner Hay seconded the motion. The motion passed unanimously. Carl 5u0mnnan, 17345 S. Dixie Highwmy, Miami, FL. legal counsel for H8BC. come forward after discussion on Items C and D and advised he had been unable to speak on the appeal he had filed in Case 08-3367. He requested the original motion be Commissioner Ross moved to rescind, Commissioners Holzman and Hay seconded the motion. The motion passed unanimously. Mayor Rodriguez apologized, Mr. Sugarman advised the appeal was from amitigation hearing with a fine aaaaoaed at $33.000. His client was m Bank that filed a fbn*u|onuns suit against the property. The grounds for appeal were the lien was defective because adequate notice as provided by law was not given. The Bank had never received notice of any defect on the property and had no opportunity to nonaot the violations. The documentation shows the address of a law firm in Tampa, Florida with no street address for delivery. The opportunity to correct the violation was not given and a fine was aooeumod totaling $190.000. The foreclosure was filed April 1, 2009. A notice of violation was sent October 22. 2009 and nnboo mf hearing was sent November 5, 2000 and another notice ofhearing sent December 28, 2009. The order imposing the ken was February Q. 2010 and none were received by the Bonk. There was a notice tothe owner of the p/opohy, but it was not Mr. Sugarmen'a client who was in the middle of foreclosure. Mayor Rodriguez inquired if Mr, Sugarman had notified the City of the foreclosure in a timely manner. Mr- Sugarman advised he was not involved in the foreclosure aspect. Attorney Cherof noted the minutes of February 18, 2011 Coda Board [ion reduction 254of757 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 meeting and there was no reference to the issue of notice, Mr. Sugarman agreed, but argued the notice is apparent on the face of the documents. Attorney Cherof argued if it was not argued before the Code Board the issue cannot come before the Commission. He recommended the matter be tabled because the issue of notice can be defective to the City's position. Given the opportunity it can be reviewed and if necessary correct the issue. ARTH"ard Commissioner Holzman moved to table. Commissioner Ross seconded the motion. The motion passed unanimously, Attorney Cherof explained, if upon review sufficient notice was not given, administrative action could be taken to reverse what has occurred. C. Approve or modify the actions of the Code Compliance Board as specified in the Lien Modification Order filed on March 21, 2011 (City's Exhibit "A") for Case 09-3554. Motion Vice Mayor Orlove moved to approve, Commissioner Holzman seconded the motion Steve Gallagher, 1816 Bamboo Lane, Delray Beach, appreciated the opportunity to speak and requested a reduction of the fine assessed on the property he owned at 801 South Road in Boynton Beach. At the first hearing before the Board, Mr. Gallagher felt only the numbers were considered rather than the entire situation. The original lien was $50,000 to $60,000 and reduced to $4,800. The Code Enforcement Department had made mistakes relating back to the original lien and the case should have been closed two years ago. A tenant allowed the hedges to get too high and as the property owner, he was unaware of the situation. Notices left by Code Enforcement at the house were ignored by the tenant and never given to Mr, Gallagher. When a certified letter arrived, the tenant advised Mr. Gallagher of the situation. The tax bill goes to the property and Mr. Gallagher had not changed the address with the Tax Collector's office to reflect his home address. As soon as Mr. Gallagher had knowledge of the violation he had phoned the Code Enforcement Officer and was advised how to correct the violations and it was completed the next day. The Officer was advised of the situation and given the correct contact information from Mr. Gallagher. The case was never closed and a lien was placed on the property and accrued for two years. Mr. Gallagher then became aware there was a lien still running on the house for the violations and an additional lien for not having an occupational license to rent the house. He admittedly did not realize a license was required and offered to pay the licensing fee for the preceding ten years. Due to extenuating circumstances, Mr. Gallagher felt the fines imposed were unjustly high, 10 255 of 757 ? A Police a rt e t A CFA AcrreditedLarrEniereement Agency" 100.0. Boynton Beach Boolmard Boynton Beach, Florlds .33425.0.1X0 Phone. (561) 7424700 Fs (MI) 742 -6185 G %F.9dherrJmmier, ChiefafPollee Scott BIasIA Carle ComplPsaeeAdmiolstrator Phone, (MI) 742.6120 FAX (561) 742 -6838 xez adao DATE: October 22, 2009 VIOLATION ADD: 140 SE 28TH CT CASE #: 09- 00003367 COMPLIANCE DATE: November 05, 2009 PCN: 08- 43- 45- 33 -08- 007 -0100 f HSBC MORTGAGE SERVICES, INC. C/O LAW OFFICES DAN CONSUEGRA �, �, . INS✓" � TAMPA, FL 33619 Li Palm !leach County property records indicate you own or have an interest in the property which is listed above. Violation(s) of the attached provision(s) of the City of Boynton Beach Code of Ordinances were noted on said property: DESCRIPTION OF VIOLATION(S): PLEASE SEE ATTACHED You have until the final compliance date noted above to correct the attached violation(s).. Failure to comply will result in a hearing before the City of Boynton Beach Code Compliance Board which will assess fines for non - compliance. If you require assistance, information, or if you believe an error has been made, please contact the Code Compliance Division located at the address and phone number listed above and ask to speak with the person listed below. Your cooperation in this matter is appreciated. Sincerely, V I Code Compliance Division 561 -742 -6120 56 .L 256 of 757 VIOLATION DETAIL PAGE CASE NUMBER 09-00003367 PROPERTY ADDRESS 140 SE 28TH CT --- -------------------------------------------- - --------------- VIOLATION: CO CH10 ORD. 09-040 INC. QUANTITY: I DESCRIPTION: FORECLOSURE PROPERTY DATE: 10/22/09 LOCATION: -------------------------------------------------------------- VIOLATION: CO CH10 SEC. 10-56(C) QUANTITY: 1 DESCRIPTION: SWIMMING POOLS,SPAS & HOT TUBS DATE: 10/22/09 LOCATION: NARRATIVE : THIS FORECLOSURE PROPERTY MUST BE REGISTERED ANNUALLY WITH THE CITY OF BOYNTON REACH. PLEASE RETURN REGISTRATION FORM ALONG WITH $150.00 APPLICATION FEE. POOL MUST BE KEPT IN A SANITARY CONDITION - PLEASE KEEP POOL CLEAN AND SECURE THE GATE - 257 of 757 DATE: November 5, 2009 CASE# 09-00003367 HSBC MORTGAGE SERVICES, INC. C/O LAW OFFICES DAN CONSUEGRA TAMPA, FL 33619 YOU are hereby notified that on Wednesday, December 16, 2009, there will be a public hearing in the Boynton Beach City Commission Chambers at 6:30 P.M. concerning a viclation(s) of Code(s) that exist on property owned or controlled by you. You are hereby ordered to appear before the Code Compliance Board on December 16, 2009 in order to answer these charges and to present your side of the case. Failure to appear may result in the Board proceeding in your absence. IF THE CITY PREVAJLLS IN PROSECUTING YOUR CASE, IT SHALL BE ENTITLED TO RECOVERY OF ALL COSTS ASSOCIATED WITH YOUR CASE. Should you be found in violation of the City's code(s), the Code Compliance Board has the authority, by law, to levy fines of up to $1000.00 per day against the land on which the violation(s) exist, or, if you do not own the land, upon any other real or personal property owned by you, for every day that the vialation(s) continues beyond the date set in order. D. Is doliv& address different from [tam 1? ❑ Yes If YES, enter delivery address below! ❑ No 1 7 b 3. S ' Typo 1� �rw er lt i C; fied Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Artirle (Trars— 7008 1140 0004 4795 5821 PS Form 3811, February 201)4 Domestic Return Receipt 258 of 757 VIOLATION DETAIL PAGE CASE NUMBER 09-00003367 PROPERTY ADDRESS 140 SE 28TH CT ------------------------------ --------------------------------- VIOLATION: CO CH10 ORD. 09-040 INC. QUANTITY: 1. DESCRIPTION: FORECLOSURE PROPERTY DATE: 10/22/09 LOCATION: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - -- - - - - - - - - - - - - - VIOLATION: CO CH10 SEC. 10-56(C) QUANTITY- 1 DESCRIPTION: SWIMMING POOLS,SPAS & HOT TUBS DATE: 10/22/09 LOCATION: NARRATIVE : THIS FORECLOSURE PROPERTY MUST BE REGISTERED ANNUALLY WITH THE CITY 0? BOYNTON BEACH. PLEASE RETURN REGISTRATION FORM ALONG WITH $150.00 APPLICATION FEE. POOL MUST BE KEPT IN A SANITARY CONDITION - PLEASE KEEP POOL CLEAN AND SECURE THE GATE - 259 of 757 MW /, s I MAW% . - -1 1, 4,1 W1 µ December 28, 2009 HSBC MORTGAGE SERVICES, INC. CIO LAW OFFICES DAN CONSUEGRA TAMPA, FI, 33619 RE: CASE#: 09-00003367 ADDRESS: 140 SE 28TH CT To whom it may concern: Your case has been placed on the Code Compliance Board Healing Agenda for January 20, 20 under "Old Business", at 6:30 p.m, in the City of Boynton Beach Commission Chambers. At that time the Board will certify the amount of fine per each day of non-compliance based on the criteria set forth in Section 2-79 of the Boynton Beach Code of Ordinances. Although your attendance is not required, you may wish to appear to provide explanations for delayed compliance. If you have any questions, please call my office between the hours of 7:00 A.M. and 5:00 P.M. at 742-6120. Sincerely, 09 Complete items 1, 2, and 3. Aso comp lete lete A. Big ure Item 4 if Restricted Delivery is desirej In Print your name and address on the reverse 01 Ad X 0 Agent dress.E D Code Compliance Division so that we can return the card to you. D. at t. ."i ec v b C. 's ivor Is Attach this card to the back of the mailpiece, vor� or on the front If space rmtts. c: file 1. Articte Addressed t 4 D, le delivery address different frr Item 1? 0 yes if YES, enter delivery addressLh 0 No CERT & POST v / F C 3. yp a Be a Typ Certified Mall 1- 103=apoosiviall Registered 101 Return Re.elpt for e�rclh,a.rdjis. ❑"sbre6tAij 13 o.o.D, 4. Restricted Delivery? (E Fes,) 0 yes 2. Artic 7007 2680 000 1649 561 ,r r " u L l � U � - �b �4 �11 2 260 of 757 VIOLATION DETAIL PAGE CASE NUMBER 09-00003367 PROPERTY ADDRESS 140 SE 28TH CT -------------------------------------------------------------- VIOLATION: CO ChI0 ORD. 09-040 INC. QUANTITY: 1 DESCRIPTION: FORECLOSURE PROPERTY DATE: 10/22/09 LOCATION: ------------------------------------------------------------- VIOLATION: CO CHIO SEC. 10-56(C) QUANTITY: DESCRIPTION: SWIMMING POOLS,SPAS & HOT TUBS DATE: 10/22/09 LOCATION: NARRATIVE : THIS FORECLOSURE PROPERTY MUST BE REGISTERED ANNUALLY WITH THE CITY OF BOYNTON BEACH. PLEASE RETURN REGISTRATION FORM ALONG WITH $150.00 APPLICATION FEE, POOL MUST BE KEPT IN A SANITARY CONDITION - PLEASE KEEP POOL CLEAN AND SECURE THE GATE - 261 of 757 mewl PUBLIC HEARING April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ® PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve conditional use / new site plan request to replace a 1,770 square foot church and accessory buildings with a new 5,040 square foot church on a 0.757 acre parcel located at 202 NE 11 th Avenue, within the R -2 (Duplex) zoning district. Applicant: Ron Uphoff, Arkitektur + Kasai, Inc. ExPLANATION OF REQUEST: The site is located within The orT munif7 edevelokr ent Aron, one block nofth of MLK Boulevard, and is currently the home to the Bride of Christ Tabernacle Church, The Churches are listed as a conditional use in all residential zoning districts t and subject to standard conditional use review criteria and new site plan review, 262 of 757 an asset to the neighborhood, As such, the proposed redevelopment of the existing church on-site appears to be in harmony with the existing redevelopment plan and would be developed in compliance with the City of Boynton Beach Land Development Regulations, The Planning & Development Board reviewed this item at its March 27"' meeting and forwards it with a recommendation for approval along with two additional conditions that address the need for an updated photometric plan, and a phasing plan that guides the concurrent presence of church and construction activities, How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The property is already tax exempt, and the fees associated with the new construction would be approximately $11,500.00. ALTERNATIVES: Approve the request, approve the request with conditions, or deny the request. 263 of 757 B 0 M �J 14 JA LORIF-11 0 1 Dili J, I L*A HIM a REQUEST: Request conditional use and new site plan approval to replace a 1,770 squa foot church and accessory buildings with a 5,040 square foot church on a 0.7 acre parcel located at 202 NE 11 1h Avenue, within the R-2 (Duplex) zonii district. I :2 "as] **@JVI:ANLC,' Applicant: STAFF REPORT TO: Chair and Members Location: Planning and Development Board and City Commission THROUGH: 4 Michael Rumpf . i/ Existing Zoning: Planning and Zoning Director FROM: Ed Breese Proposed Zoning: Principal Plann9e DATE: March 12, 2012 REQUEST: Request conditional use and new site plan approval to replace a 1,770 squa foot church and accessory buildings with a 5,040 square foot church on a 0.7 acre parcel located at 202 NE 11 1h Avenue, within the R-2 (Duplex) zonii district. I :2 "as] **@JVI:ANLC,' Applicant: Claude Maxime, President Agent: Ron Uphoff, Arkitektur + Kasai, Inc. Location: 202 NE 1 1 `h Avenue (see Exhibit "A" — Location Map) Existing Land Use: Medium Density Residential (MeDR) Existing Zoning: Duplex (R-2) Proposed Land Use: Same Proposed Zoning: Same Proposed Use: New church building and associated site improvements Acreage: 0.757 acre Adjacent Uses: North: Right-of-way of NE 1 1 th Avenue, then farther north is a mix of single-family and 264 of 757 Staff Report — Bride of Christ Tabernacle COOS 12-001 / NWSP 12-002 Page 2 MINNOW l:M!jZCja6111 M-1, PID ♦ Mixed se zoning districts which conditional uses are required to conform. The applicant has submitted a Justification Statement that addresses each of the conditional use standards (see Exhibit "C" — Justification Statement). Following M - 4 pertains to the conditional use standards. r. Ingress and egress to the subjectproperty and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case • fire or catastrophe. 265 of 757 Staff Report — Bride of Christ Tabernacle COUS 12-001 NWSP 12-002 Page 3 I - It � 1 0 0 1 Jill 11, 266 of 757 Staff Report — Bride of Christ Tabernacle COUS 12-001 / NWSP 12-002 Page 4 T. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. (16) square feet of copy area. The sign is also externally illuminated, in compliance with the sign code. wr '10 -Zat T W AN IN MMONNO U11i ��er open spaces. 267 of 757 Staff Report — Bride of Christ Tabernacle COUS 12-001 / NWSP 12-002 Page 5 1111217�0 - a �*7 AZI 268 of 757 Staff Report — Bride of Christ Tabernacle COUS 12-001 / NWSP 12-002 Page 6 I :1 *0101 kyl I , 11;4 N ITIN Il M Ik I S:\Planning\SHAREDIWP\PROJECTSXBride of Christ Tabernade\COUS 12-001 NWSP 12-0021Staff Report.doc 269 of 757 1 I i l 270 of 757 N 190 95 0 190 380 570 760 FeAt S I M, I FO-M R I 271 of 757 I AF i f I HU I? 1$0 I p 1 I n 271 of 757 Nil 272 of 757 ■ RIDE OF g RI ST T ACHE c 3Z 273 of 757 'Wrima �06-1 V R 011 �HY Ph Ili 1i IN IM Hill, 1 �Pj I g III 274 of 757 fly 1 is. OF CHRIST TABERNACLE 274 of 757 y 1 Y A i ! i ' H - 561628 3 1 ! F UN IMPRO VED ! 1 DR P AVED . THEIR IS NO OFF - LOADING OF FOOD OR EQUIPMENT. THE BUILDING FUNCTION IS A PLACE OF WORSHIP, THEIR IS NO FOOD PREP AND / OR KITCHEN I N ST 3. REFUSE WILL BE HANDALDED BY 2 HAND PUSHED 2 WEELED CARTS SET 7 T HE '! PICKU !! y 1 1• t ,! y � 1 1 iR y 1 ! y w • W &I •! t 1 1 a al REQUIREMENTS AN! M A INTANCE. 1 275 of 757 + 1 r PH ; 3626 1 1 R1 a #• # !• 1! L BUILDING r1 1 THE # i AND THE FUTURE LAND AT THIS 1 i' IT IS VACANT. i 1 ' R i•! 1 1` ills 1 Z!) %1R11 - lop to] a i!j►�li7�i!_�►1►11a : ♦ R `)Ci1 276 of 757 EXHIBIT "D" - CONDITIONS OF APPROVAL Project Name: Bride of Christ Tabernacle File number: COUS 12 -001 / NWSP 12 -002 Reference: 3 rd review plans identified as a Maior Site Plan Modification with a March 6, 2012 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. Full grading, paving and drainage plans with details and drainage calculations in accordance with Chapter 4, Article VIII, X Section 3.G. will be required at time of permitting. 2. Verify the water line in NE 11 Avenue is a 4" line and please X note that the new fire hydrant must handle1500 GPM flow. 3. Work with the Engineering Department to execute a maintenance agreement if the applicant is interested in X maintaining the unimproved r -o -w. 4. All trees must follow FPL Right Tree Right Place. X 5. There is no irrigation plan submitted with the landscape plan. The Irrigation Plan must be submitted at time of permitting and X must follow the Florida Friendly - Waterwise principles. 6. Landscape areas should be designed on separate irrigation zones and time duration for water conservation purposes. X Additionally, all trees should have separate irrigation bubblers (Chapter 4, Article II, Section 4, 5.). 7. The applicant should add a note that all utility boxes or structures (not currently known or shown on the plan) should be X screened with Coco plum hedge plants on three sides (Chapter 4, Article II, Section 6.F.p.30). FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: 8. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) X process does not ensure that additional comments may not be 277 of 757 DEPARTMENTS I INCLUDE REJECT generated by the Commission and at permit review. 9. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2007 FBC, Table 704.8. Submit calculations that clearly reflect the percentage of X protected and unprotected wall openings permitted per 2007 FBC, Table 704.8. 10. Buildings, structures and parts thereof shall be designed to withstand minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 Florida Building Code, Section 1609 (Wind Loads). Calculations that X are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 11.At time of permit review, submit signed and sealed working X drawings of the proposed construction. 12. City code requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. A water -use permit from SFWMD X is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 13. If capital facilities fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: X A The full name of the project as it appears on the Development Order and t h e Commission - approved site plan. B The total amount paid and itemized into the amount for each. 1 . Pure uant to approval by the City Commission and all other outside agencies, the plans for this arc e t must he submitted to the Building Division for review at the time of permit application X submittal, The plans must incorporate all the conditions of approval as listed in the Development Order and approved by the City Commission, PARKS AND RECREATION X Comments: None. PLANNING AND ZONING Comments: 15. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance X 278 of 757 DEPARTMENTS INCLUDE REJECT 04 -007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. 16.On Sheet PH -0, correct the "Pole Assembly" detail which depicts a sag lens and indicate the use of a cut -off fixture to X ensure no light spillage. 17. Based on an external inspection, none of the structures on the property appear eligible for individual listing on the Local or National Register and none are eligible to be designated as contributing to a district. Prior to the issuance of any demolition permits, the structures should be inspected internally to identify any significant architectural details and potentially salvageable X building materials and the structures should be recorded for the Florida Master Site File and the City archives. The applicant shall be responsible for providing access to City staff for these purposes. COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. The applicant shall provide a construction phasing plan for Planning and Engineering review and approval prior to permit X submittal. 19. The applicant shall submit a revised photometric plan depicting two (2) light fixtures at the porte cochere, replacing the single X pole light near the building entrance, with comparable illumination levels. CITY COMMISSION CONDITIONS Comments: To be determined. S: \Planning \SHARED \WP \PROJECTS \Bride of Christ Tabernacle \COUS 12 -001/ NWSP 12- 002 \COA.doc 279 of 757 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bride of Christ Tabernacle APPLICANT'S AGENT: Ron Uphoff, Arkitektur + Kasai, Inc. AGENT'S ADDRESS: 2201 Wilton Drive, Wilton Manors, FL 33305 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2012 TYPE OF RELIEF SOUGHT: Request conditional use and new site plan approval to construct a 5,040 square foot church on a 0.757 acre parcel located at 202 NE 11 Avenue, within the R -2 (Duplex) zoning district. LOCATION OF PROPERTY: 202 NE l P h Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT `B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included ". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other DATED: City Clerk 280 of 757 S:APlanning \SHARED \WP\PROJECTS\Bride of Christ TabernacleACODS 12 -001 NWSP 12- 002\DO.doc 281 of 757 i[INT1 CITY MANAGER'S REPORT April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discuss and formalize meeting start time and format for City Commission Budget Workshops to be held July 9 -11, 2012 in the Library Program Room. EXPLANATION OF REQUEST: Staff seeks direction from the Commission on the meeting format for the upcoming Budget Workshops. The Workshops will be held over a three day period, July 9 -11 (Monday - Wednesday). The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2012/2013 as well as consider and /or adopt a Preliminary Fire Assessment Rate Resolution. Start time Last year two of the workshops started at 1 pm and one started at 9am. Format: Last year staff provided a brief overview of their departmental budgets and focused on key highlights outlined in the Departmental Budget Impact Summaries. This was followed by Q &A. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Assist with adoption of an annual budget. FISCAL IMPACT: Approximately $250 for snacks and refreshments for three days. ALTERNATIVES: Not conduct budget workshops. 282 of 757 10. B CITY MANAGER'S REPORT April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -037 - Authorize the allocation of $54,400 in Economic Development funding for Commercial Rent Subsidy and Commercial Interior Build -Out Assistance Programs EXPLANATION OF REQUEST: In furtherance of Economic Development Program Initiative 46 j, and in response to Commission's interest in providing some immediate economic stimulus for small businesses wishing to expand or relocate in the City, staff recommends adoption of existing Boynton Beach Community Redevelopment Agency programs for Commercial Rent Subsidy and Commercial Interior Build -Out Assistance for properties located outside the CRA, in Commercial, Industrial and Suburban Mixed -Use zones within City limits. These programs were selected as a best practice with a proven track record of success within the CRA. Funding allocations per award have been adjusted downward slightly in order to maximize benefit opportunities with limited budget funding. Staff recommends limiting this initial round of program offerings to manufacturing, office and industrial uses located in the districts referenced, in addition to a limitation of a single grant or subsidy award per applicant. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City's Economic Development program places a strong emphasis on attraction of new businesses, as well as the retention and expansion of existing businesses, and stresses the important role small business adds to the economic diversification of the City's tax base. Economic Development Program Initiative 46 calls for research of best practices related to monetary and other incentives to assure results oriented payback and best return on 283 of 757 investment. Item J of that initiative specifically identifies grant opportunities as a short -term implementation item. This program will allow small business owners and entrepreneurs targeting locations outside the CRA, the opportunity to establish or expand their business within the City. As a limited funded pilot project, staff will be able to gauge interest and applicability relatively quickly, and determine if this is a viable program for continued funding allocations. This pilot program will be administered and tracked through Fund 122 - Community Improvements. FISCAL IMPACT: $54,400 from Economic Development account number 001 - 1211- 512 -49 -17 will be transferred to Fund 122 for the pilot program. The current balance in the Economic Development account is $90,250, after this transfer the balance remaining will be $35,850 for FY12. This amount constitutes funding for four (4) Interior Build -Out Grants at $10,000 each; and, four (4) six month rent subsidies, not to exceed $600 per month, $3,600 each. ALTERNATIVES: 1) Do not fund the programs. 2) Increase or decrease funding allotment. 3) Expand initial program offerings to include additional uses such as Retail and /or Restaurant 284 of 757 RESOLUTION R12- WHEREAS, in response to the City Commission's interest in providing some immediate economic stimulus for small businesses wishing to expand or relocate in the City and in furtherance of Economic Development Program Initiative 46j, staff is recommending the adoption of existing Boynton Beach Community Redevelopment Agency programs for Commercial Rent Subsidy and Commercial Interior Build -out assistance for properties located outside of the CRA; and WHEREAS, Economic Development Program Initiative 46 calls for research of best practices related to monetary and other incentives to assure results oriented payback and best return on investment; and WHEREAS, this program will allow small business owners and entrepreneurs the opportunity to establish or expand their business within the City. 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 Boynton Beach, Florida, hereby authorizes the allocation of $54,400 in Economic Development funding to be transferred to Fund 122 for the pilot program of Commercial Rent Subsidy and Commercial Interior Build -Out Assistance Programs. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 15th day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay 285 of 757 Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 286 of 757 G o City of Boynton Beach Commercial Interior Build -Out Assistance Program Guidelines The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the City who are not located in the Community Redevelopment Area. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce a business's initial costs associated with the construction and interior finishing of a new or expanding location. Applicants may be eligible for up to 510,000 in grant funding to assist with the cost of commercial interior construction or renovations. The amount of grant funding is determined by the number of jobs created by the applicant. Each full -time equivalent job created is worth $5,000.00 in funding assistance from the City with a maximum grant award of $10,000. Businesses applying for financial assistance with the cost of interior build out must receive City of Boynton Beach Development Department Building Division building permit approval. 1. Program The Commercial Interior Build -Out Program offers financial assistance in the form of a reimbursable grant to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Items eligible for funding under the program are limited to: I. Interior walls 2. Interior plumbing 3. Interior electrical system including lighting 4. HVAC system 5. Flooring 6. Fire and/or Burglar Alarm systems 7. Fire suppression systems The Commercial Interior Build -Out Program funding may be budgeted annually by the City and awarded on a first -come, first -serve basis. All applications are subject to City Commission approval. Making application to the program is NOT a guarantee of funding. 11. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Interior Build -Out Program: Page 1 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 Initials 287 of 757 1. The business location must be within the City limits, in Commercial, Industrial or Suburban Mixed -Use districts, excluding those within the Community Redevelopment Area (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than thirty percent (30%) of its current square footage size. Verification of this threshold must be provided in the application package. 6. Applicant must own the building it plans to operate within or it must have an executed multi- year lease (two year minimum). 7. Businesses must employ a ininimum of two (2) full-time equivalent W -2 or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours per week at the prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full-time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report employees' wages to the State of Florida Department of Revenue. c. New businesses using a DB /A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord - tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. Initials Page 2 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 288 of 757 • Insurance requirements. • Ability to terminate. • Consequences of default on the lease. The City reserves the right to approve or deny any Commercial Interior Build -Out Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the City. IV. Procedures for Application and Annroval Application Process - All applicants are strongly encouraged to meet with Development Department staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the City's Development Department. Application packets must include the following documentation: 1. Complete and signed application. 2. W9 Form (attached to grant). 3. Copy of all business tax receipts and State required licenses. 4. Copy of the corporate documents for the applying business entity. 5. Copy of executed multi -year commercial lease agreement. 6. Landlord SSN or Tax ID. 7. Business plan, including executive summary and three -year financial projections of revenues and expenses. 8. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 9. Two (2) years of tax returns for the owners of a new business. 10. Qualifications, experience and track records of business owners. 11. Copy of design and construction plans associated with the proposed improvements. 12. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 13. A minimum of four (4) 3"x5" color "before" photos of the project. Initials Page 3 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 289 of 757 Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, City staff will present the funding request to the City Commission for approval. The City Commission meets on the first and third Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the Applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City Staff will notify the applicant of approval or denial in writing.. Site Visits — City staff will conduct a site visit before the reimbursement payment is made in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Initial Expense Reimbursement - This program is designed as a quarterly reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the City's funds being released. The City will provide quarterly reimbursements to the grantee upon submittal of a complete Reimbursement Request package. The total monies expended by the grant applicant (up to a maximum of 510,000) will be divided into four equal payments and released on a quarterly basis following the Initial Reimbursement Request. The property owner, or tenant if applicable, must complete the interior improvement project, obtain a Certificate of Occupancy (CO) from the City of Boynton Beach and submit for reimbursement within ninety (90) days of the grant award. Failure to complete the improvements within the specified timeframe will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Applicants may apply for time extensions. Once the work is completed the Initial Reimbursement Request shall be summarized in a report and accompanied by proper documentation. Proper documentation will consist of: (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. A letter, from each vendor that applicant is requesting reimbursement for, stating that all invoices for the project have been paid in full and there are no outstanding monies owed for said project. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) Applicant shall provide a minimum of four 3"x5" colors "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. Page 4 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 Initials 290 of 757 (4) For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report U( CT_6) for each consecutive quarter must be submitted. For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Quarterly Reimbursement Requests - By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the City with proof of employee wage reporting for the three consecutive quarters following the Initial Reimbursement Request. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly funding after the Initial Reimbursement Request grant applicant must submit a written request for that quarter's reimbursement payment along with: For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report U( CT-6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Grant funds will be reimbursed exclusively for approved work, approved change orders and only for work that has been performed and paid for after the grantee has received notification that the Grant Application has been approved by the City. Any work completed prior to receiving grant approval is ineligible for reimbursement. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Assistance program will only honor new expenditures that have not been submitted under other grant programs. The Commercial Interior Build -Out Assistance program may only be used one time in any five year period for any one specific commercial unit or business entity. Businesses are limited to one Commercial Interior Build -Out Assistance Program award. Grantees shall allow the City the rights and use of photos and project application materials. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials Page 5 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 291 of 757 G % y 0 U 2011/2012 City of Boynton Beach Commercial Interior Build -Out Assistance Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Name: Applicant Mailing Address: Business Name (D /B /A if Current Business Address: Phone: Fax: Email: Fed ID# Time at Current Location: Monthly Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN /EIN: Landlord's Mailing Address: New Business Address (if applicable): New Business to Boynton Beach: Yes No Existing Business: Yes No Number of years in existence Square footage of existing location: Square footage of new location: Page 6 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 Initials 292 of 757 Type of Business: Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the City: Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the City of Boynton Beach Commercial Interior Build -Out Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he /she is aware of the fact that he /she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the City of Boynton Beach Commercial Interior Build -Out Program Guidelines. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the City may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the City mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the City of Boynton Beach, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the City or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials Page 7 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 293 of 757 E� -1IJ 3►T 1 [.'1. ,1101 ki Ie1 y_1 ki /_1 »4 [67A Ii [*1kl Iil L [oil rXelll_l 7_1 Z 1111 71] z 171L [d It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Applicant/Tenant's Signature Date Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20. Page 8 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 294 of 757 NOTARY PUBLIC My Commission Expires: E+��7 -3_I�l f �'�-� C�1� I� y_� � /_1» � [ fT�_�. [�1 ►1E -�_� [�� _ <<3� \:7G1 � � � � � �I � 1�11I!ll ►_[� It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Property Owner's Signature Date Printed Name Title Property Owner's Signature Date Printed Name Title STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared to me or produced _ , who is personally known as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20. NOTARY PUBLIC My Commission Expires: Page 9 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 - 742. -6357 www.boynton- beach.oi 4 295 of 757 2011/2012 City of Boynton Beach Commercial Rent Subsidy Program Guidelines The Commercial Rent Subsidy Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the City who are not located in the Community Redevelopment Area. The program is designed to provide financial assistance to new and existing businesses in the form of a rent subsidy intended to help businesses during the critical first year of operation. I. Program The Commercial Rent. Subsidy Program offers financial assistance in the form of rent payment subsidy for up to half of the business's monthly rent or $600.00 per month, whichever is less. The time period of eligibility for assistance is up to six months within the first eighteen months of a multi -year lease. The maximum total subsidy per business is $3,600.00. Commercial Rent Subsidy Program funding must be budgeted annually and will be awarded on a first -come, first -serve basis. All applications are subject to City Commission approval. Making application to the program is not a guarantee of funding. II. Elhdbility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding under the Commercial Rent Subsidy Program: 1. The business location must be within the City limits, in Commercial, Industrial or Suburban Mixed -Use districts, excluding those within the Community Redevelopment Area (see attached map). 2. The business must be properly licensed to operate within the City of Boynton Beach and Palm Beach County. 3. A new business venture is defined as a company in operation for less than six months. 4. An existing business is defined as being in operation for more than three years at the time of application. 5. An existing business must expand to occupy more than thirty percent (30 %) of its current square footage size, or add a minimum of one (1) additional employee. Verification of this threshold must be provided in the application package. Initials Page 1 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 296 of 757 6. Applicant must own the building it plans to operate within or it must have an executed multi -year lease (two year minimum). 7. Businesses must employ a minimum of two (2) full-time equivalent W -2 or 1099 contracted employees whose wages are reported to the state and federal government; a position occupied by the business owner may count toward one of the required job positions. For the purposes of this grant, a full time equivalent employee is defined as working a minimum of thirty -five (35) hours per week at the prevailing Federal minimum wage. The following businesses are considered ineligible for assistance under the Commercial Rent Subsidy Program: a. Businesses that employ less than two full -time equivalent W -2 employees or 1099 contracted employees. b. Businesses who do not report. employees' wages to the State of Florida Department of Revenue. c. New businesses using a D /B /A that has been used by another business within the past twelve (12) months. III. Grant Terms and Conditions A commercial lease must define the landlord- tenant relationship and at minimum provide the following information: • A description of the space being rented including square footage and a drawing of the space. • Description of utilities that the tenant is responsible for. • Rental rate and deposits along with terms of lease and methodology for future rent increases. • Responsible party for interior and exterior repairs and/or improvements. • Insurance requirements. • Conditions of lease termination. • Consequences of default on the lease. Rent subsidies will not be paid until all construction has ended, occupational license is issued and the business in open for operation. Initials Page 2 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 297 of 757 The City will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the Landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor, the City neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. The Commercial Rent Subsidy program may only be used one time by any one specific business entity or business owner. The City reserves the right to approve or deny any Commercial Rent Subsidy Program application and to discontinue payments at any time if in its sole and absolute discretion it determines that the business will not further the goals and objectives established for the economic development of the City. The receipt of past payments is not a guarantee of future subsidy payments. IV. Procedures for Application and Approval Application Process All applicants are strongly encouraged to meet with Development Department staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the City's Development Department. Application packets must include the following documentation: 1. Complete and signed application. 2. W9 Form (attached to grant). 3. Copy of all business tax receipts and State required licenses. 4. Copy of the corporate documents for the applying business entity. 5. Copy of executed or proposed multi -year commercial lease agreement. 6. Landlord SSN or Tax ID. 7. Business plan, including executive summary and three -year financial projections of revenues and expenses. 8. Two (2) years of audited financials and corporate tax returns (for existing businesses only). 9. Two (2) years of personal tax returns for the owners of a new business. 10. Qualifications, experience and track records of business owners. 11. List of jobs to be created including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. For business expansion, a copy of design and construction plans associated with the proposed improvements. Initials Page 3 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 298 of 757 Approval of Funding Request — Once eligibility is verified and all required documentation has been submitted, City staff will present the funding request to the City Commission for approval. The City Commission meets on the first and third Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the Applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City Staff will notify the applicant of approval or denial in writing. Proposed leases must be executed within thirty (30) days of City Commission approval or the grant award is terminated. Quarterly Rent Subsidy Payments — Rent Subsidy payments will be reimbursed to grant recipient on a quarterly basis beginning the first full month that the business is open for operations subsequent to City Commission approval. A maximum of six (6) consecutive monthly rent payments will be reimbursed to the approved applicant. By accepting the grant, the applicant agrees to comply with the reporting requirement of providing the City with proof of employee wage reporting for the two consecutive quarters following the grant approval. This is to verify that the required job positions are properly fulfilled and maintained. In order to receive quarterly rent reimbursement the grant applicant must submit a written request for that quarter's reimbursement payment along with: For W -2 eligible employees, timely Florida Department of Revenue Employers Quarterly Report U( CT.6) for each consecutive quarter must be submitted. or For sole proprietorships, partnerships, s- corporations and 1099 -MISC eligible employees copies of all cancelled salary checks or proof of direct deposits for each full time /full time equivalent employee for each month within that specific quarter. Site Visits — City staff will conduct a site visit before subsidy payments begin in order to verify that the business is in operation. Staff may also conduct unannounced site visits periodically in order to ensure compliance with the terms of the grant agreement. Discontinuation of Payment — The receipt of past payments is no guarantee of future payments. The City retains the right to discontinue rent subsidy payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Initials Page 4 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 299 of 757 2011/2012 City of Boynton Beach Commercial Rent Subsidy Program Application (Please Type or Print Only — Use Additional Sheets if Necessary) Applicant Applicant Mailing Business Name (D /B /A if applicable): Current Business Address: Phone: Fax: Fed ID# Time at Current Location: Monthly Rent: Do you have an executed lease agreement: Yes No Landlord Name: Landlord SSN/EIN: Landlord's Mailing Address: New Business Address (if applicable): New Business to Boynton Beach: Yes No Existing Business: Yes No Number of years in existence: Square footage of existing location Square footage of new location Page 5 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org Initials 300 of 757 Type of Business: Number of Employees: Hours of Operation: Are you applying for grant assistance under any other program offered by the City: Yes No_ If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies: Yes No If yes, list any aditional grant sources and amounts: CERTIFICATION AND WAIVER OF PRIVACY: 1, the undersigned, applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the City of Boynton Beach Commercial Rent Subsidy Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he /she is aware of the fact that he /she can be penalized by fine and /or imprisonment for making false statements or presenting false information. I understand that this application is not a guarantee of grant assistance. Should my application be approved, I understand that the City may at its sole discretion discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the City's Economic Development mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the City of Boynton Beach, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. 1 give permission to the City or its agents to take photos of myself and business to be used to promote the program. 1 understand that if this application and the information furnished in support of the application are found to be incomplete, it will not be processed. Initials Page 6 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 301 of 757 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Applicant/Tenant's Signature Date Printed Name Title Applicant/Tenant's Signature Date Printed Name Title STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and decd. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 7 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 302 of 757 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. Property Owner's Signature Date Printed Name Title Property Owner's Signature Date Printed Name STATE OF COUNTY OF Title BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is personally known to me or produced as identification, and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his /her act and decd. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 8 of 8 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 -0310 Phone 561- 742 -6350 Fax 561 -742 -6357 www.boynton- beach.org 303 of 757 10. C CITY MANAGER'S REPORT April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -038 - Approve proceeding with a negotiated settlement and agreement with Sensus Metering Systems, Inc. ( Sensus) to replace current and future failed registers of Automated Meter Reading (AMR) systems under warranty with Advanced Metering Infrastructure (AM I) in exchange for the development of a contract/service agreement with Sensus as a sole source provider to replace all AMR units with AMI technology in order to standardize meter reading equipment and regain meter reading efficiency. EXPLANATION OF REQUEST: The City currently operates a Sensus based AMR (Drive by Radio Read) system that was installed in the late 1990s and early 2000s that is quickly reaching the end of its useful life. However, a majority, but not all, of these meter registers are still under warranty. Meter reading equipment failures (not the Sensus meters themselves) have grown significantly since 2006 and provide a significant liability to City staff for the required supplemental manual reading necessary to cover unheard meters. The unheard meter level has reached a point of critical mass whereby warranty replacement no longer will meet the growing demands for meter maintenance when coupled with requirements for typical work order management associated with the operations. With the meter reading equipment reaching the end of its operational life, the City must take immediate action regarding its meter infrastructure and establish plans to implement a migration strategy that begins to lower the number of manual reads required within each reading cycle. Is Sensus a Sole Source Provider? 304 of 757 If the City were to merely replace the current and future failing AMR (Drive by Radio Read) registers with the same Sensus product, there would be little question that the City would make the replacement with the Sensus product since some registers are currently under warranty. The AMR registers are stored in our Warehouse as replacement parts. However, the sole source question arises when we explored replacing the Sensus AMR registers with the upgraded Sensus AMI registers as this is not currently addressed in our City Procurement policies. This is even confirmed by the attached letter from the County Inspector General who we asked to review our plan. However, the Inspector General did not consider the following Business Case or operating efficiencies. Business Case to Select SENSUS as Sole Source Provider During 2011, the City engaged the services of a consulting firm, DavenportLawrence, to assess the operational components of the City's billing and collections operations within the Finance Department. Following months of observation, research, and analysis, the firm provided a findings report to the City that prioritized meter infrastructure re- design and upgrade as the most important and immediate need. Because so many functions rely on the efficiency and accuracy of the work by Utility's Meter Services Department, the business case for migrating the City's Sensus AMR /RadioRead meter reading infrastructure to the Sensus AMI /FlexNet meter reading infrastructure solution was both the best operational and the best financial option for the City. The following is a statement of the financial values of the recommended solution: In addition, if Sensus were not selected as the sole source provider for the meter reading infrastructure, it would likely require the complete replacement of the water meters in addition to the meter reading infrastructure at several times the cost and time needed; neither of which the City can afford at this stage. Sensus as a Sole Source A sole source procurement approach for Advanced Meter Infrastructure (AMI) was selected based on a number of contributing factors that support the need to maintain compatibility with Sensus meters currently installed in the City service area throughout the multi -year migration from AMR to AMI. In addition, Sensus is chosen based on: 305 of 757 Value Statement 1 Value of Warranty $525,000 6,000 endpoints at $87.50 eliminated from cost. Does not include future warranty replacement value. Existing failure rate is 630 units per month at a value of $87.50 per failed unit and $15 for labor on installation. Value Statement 2 Leveraged Pricing $637,500 Midpoint reduced pricing difference for similar AMI meter reading infrastructure projects saving $21.25 /unit. Value Statement 3 SENSUS Special $580,322 Equipment credit of $370,322, credit for full cost of 2 Tower Provisions Gateway Base stations valued at $120,000, and $90,000 for warranty labor. Labor credits allowed for future failures are not included in value calculation but available through provisions agreement. Value Statement 4 Integration with Customer $45,000 Estimated deferred cost for customized integration with CIS Information System by new vendor. Value Statement 5 Cost Reductions and $175,000 FTE reductions and reallocations for Utility meter reading. Enhanced Revenue Additionally, AMI improves meter reading accuracy, and enhances collections efforts thereby lowering delinquencies ( currently more than 32% of receivables Total Financial Value Utilizing This total value is based on the current state of operations SENSUS as a Sole Source $1, 62 822 and agreements and does not project future anticipated value from warranty replacements and account delinquency reductions. In addition, if Sensus were not selected as the sole source provider for the meter reading infrastructure, it would likely require the complete replacement of the water meters in addition to the meter reading infrastructure at several times the cost and time needed; neither of which the City can afford at this stage. Sensus as a Sole Source A sole source procurement approach for Advanced Meter Infrastructure (AMI) was selected based on a number of contributing factors that support the need to maintain compatibility with Sensus meters currently installed in the City service area throughout the multi -year migration from AMR to AMI. In addition, Sensus is chosen based on: 305 of 757 • Warranty utilization to replace AMR meter reading technology at no cost. • Interface with Sungard billing software not integrated with all other vendors. • AMR /AMI integrated meter reading not available through other vendors. Summary of Financial & Operational Impacts The City (1) considered a number of options related to the activities necessary to improve the automated read -rate of approximately 30,000 meters and (2) researched the costs and benefits of each alternative. The financial and operational evaluation includes consideration of other aspects (training costs, data conversion, historical record archive retrieval, equipment standardization, and hardware and software interfaces) and a discussion of regulatory, personnel, and customer relations issues. Options for improving efficiency and effectiveness of meter infrastructure considered: • Option A: Replacement, at cost, of failed meter transmitters and registers within existing work demands including troubleshooting and manual reads • Option B: Bid and award alternative vendor AMR technology • Option C: Bid and award AMI technology • Option D: Extend agreement with Sensus and apply migration over three years .. 6 .. .. Sensus RadioRead has a high failure rate and is no longer promoted by the company as an alternative A: AMR SENSUS HIGHIHIGH utomated solution. Labor costs are extremely high RadioRead. If reliability was improved from [ith 0% to a 6% failure rate the annual cost for labor is stimated at $36,000 per month or $432,000 per ear. Receivables continue to increase due to hampered collection efforts. Bid and selection for AMR is an option but would require a full transmitter change out and integration B: AMR BID HIGHIHIGH at a high cost. Dual read of incompatible systems would create challenges within Meter Services and risks associated with Customer Information System (CIS). Estimated costs for AMR through a new vendor would exceed CIP funding allocations. On -going operational costs would be comparable to Sensus but CIS integration would present C: AMI BID MODERATEIHIGH operational challenges and full migration costs w ould exceed current CIP funding allocations. Reliability is achieved at less than a 1.5% failure rate, dramatically reducing labor costs associated D: AMI SENSUS MODERATEIMODERATE Nith manual reads and troubleshooting. Estimated ost for deployment of Sensus AMI is less than urrent CIP funding. Delinquent receivables will reduce dramatically as field crews have significant - aDacity increases for account mana ement. Sensus AMI Performance While recognizing the failure rate within the AMR /RadioRead environment, Sensus is regarded as a significant and reliable provider of AMI meter reading technology. With over 21% of the market share in smart meter technology, the AMI FlexNet solution is deemed a significant improvement alternative to manual and RadioRead operations while meeting stringent reliability standards not currently available to customers of AMR. The stated performance rate supported by Sensus for the City's AMI FlexNet project is 98.5% reliability for each of the transmission periods every six hours of each day and has been field 306 of 757 verified by other AMI users for performance. For successful migration, the system must perform seamlessly under concurrently operating AMR and AMI as a mixed system utilizing the same technology with a common interface to the City's CIS. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With an existing failure rate of approximately 20% or 6,000 meter registers of the total 30,000 and growing, Meter Services employees can no longer manage the current state of the meter reading system and back office employees can no longer effectively manage billing and collections operations. In consideration of all conditions and components of a comprehensive meter migration to AMI technology, the City project team has indicated that a long -term solution for utility meter reading should be approached to minimize both cost and operational impacts. Evaluation of all options independently and without bias has uncovered a clear direction of choice for moving the infrastructure to high performance. Given the following values of: • warranty upgrades, • improved utility revenues, • special provisions by Sensus, • favorable unit cost allocations, • integration simplicity with the Customer Information System, and • consideration for impacts to operations, The best solution for the City is to migrate to AMI /FlexNet with Sensus. By eliminating the need for development and implementation of a procurement process, the City gains critical time in reversing the trend of failed meters that require manual reads causing resources to be expended beyond capacity. The proposed solution and migration agreement with Sensus will include specific performance parameters and milestones to ensure efficient and effective operation of the system and adherence to the planned project goals and objectives. FISCAL IMPACT: Sensus has agreed to work quickly with the City of Boynton Beach to resolve the approximately 6,000 unheard (unread) meters with new AMI product deployment between now and September 30 of 2012 through warranty replacement in parallel to product credit utilization of $185,161. This parallel initial change -out phase will provide the ability of the City to shift approximately 9,000 meters, or 30% of the entire City system, for only the cost of installation of the credit portion of the phase. It is estimated that the labor component will not exceed $66,000 at $20 per meter endpoint and is fully funded through the current fiscal year CIP for meter replacements. The financial and operational benefits of the Sensus AMI /FlexNet solution provides a clear direction for the City to immediately address major operational impacts resulting from the current automated system. Elimination of practically all manual reads and related troubleshooting work orders will allow City resources to re- direct limited staff to supporting account management orders from Customer Relations. City staff has mapped a process for meter migration that maximizes the operational and financial benefits of a continued relationship with Sensus through sole sourced agreement. 307 of 757 Project Schedule with Funding Allocations The project is funded in the 2011 -2012 CIP Adopted Budget for $3,121,000 over the next two years. The following schedule anticipates a three (3) plus year migration and the related costs net of Sensus warranty replacement costs. The AMI FlexNet IT operating costs ranges from $80,000 to $90,000 annually. These costs may be offset in part by a limited reduction in meter staffing. ALTERNATIVES: Not to proceed with a negotiated settlement and agreement with Sensus Metering Systems, Inc. or to replace current and future failed registers of automated meter reading (AMR) systems under warranty with advanced metering infrastructure (AMI). Not recommended since time is of the essence to replace the continually failing registers of automated meter reading (AMR) systems under warranty with advanced metering infrastructure (AMI) in order to efficiently and effectively read water meters on a timely basis to protect Utility revenue for water consumption and the resulting billing. 308 of 757 CITY OF BOYNTON BEACH, FLORIDA Advanced Meter Infrastructure Project Basis Migration from AMR to AMI for the City of Boynton Beach Prepared in cooperation with DavenportLawrence, Inc 2/15/2012 The migration of Automated Meter Reading (AMR) to Advanced Meter Infrastructure (AMI) requires a unique balance of financial, operational, and procedural components aligned for uninterrupted operation of meter reading functions. The City of Boynton Beach is positioned well to take full advantage of advanced technologies in order to manage utility operations proficiently while focusing on quality customer service. 309 of 757 City of Boynton Beach February 15, 2012 ADVANCED METER INFRASTRUCTURE PROJECT BASIS MIGRATION FROM AMR TO AMI TABLE OF CONTENTS 2 310 of 757 Page Subiect Number Cover................................................................................................. ............................... 1 Tableof Contents ............................................................................... ............................... 2 Executive Summary: Overview and Basis for Sole Source Migration from AMR to AMI ProjectBasis ................................................................................. ............................... 3 Summary of Business Case .......................................................... ............................... 3 History.......................................................................................... ............................... 4 ValueStatement 1: Warranty ........................................................ ............................... 5 Value Statement 2: Leveraged Pricing .......................................... ............................... 5 Value Statement 3: Sensus Special Provisions ............................. ............................... 6 Value Statement 4: Integration with Billing /Collections & Work Order Management..... 6 Value Statement 5: Cost Reductions and Enhanced Utility Revenue ........................... 7 SensusAMI Performance ............................................................. ............................... 8 Summary of Options — Financial and Operational Impacts ............ ............................... 8 SolutionSummary ........................................................................ ............................... 9 Appendix A Sole Source Determination with Sensus for AMI Infrastructure ..... ............................... 10 Sensus as a Sole Source .............................................................. ............................... 10 Appendix B AMI Project Goals, Parameters, and Basis ................................... ............................... 11 Recommendations for Migration Activities .................................... ............................... 11 -14 Appendix C Technical Specifications of AMI / FlexNet ..................................... ............................... 15 -23 Appendix D Propagation Analysis Summary and System Overview ................. ............................... 24 Appendix E Key Terms and Conditions for AMI Through Sensus for the City of Boynton Beach..... 25 2 310 of 757 City of Boynton Beach February 15, 2012 EXECUTIVE SUMMARY: OVERVIEW AND BASIS FOR SOLE SOURCE MIGRATION FROM AMR TO AMI FOR THE CITY OF BOYNTON BEACH PROJECT BASIS The City of Boynton Beach currently operates a SENSUS based AMR RadioRead system that is quickly reaching the end of its useful life. Meter reading equipment failures have grown significantly since 2006 and provide a significant liability to City staff for the required supplemental manual reading necessary to cover unheard meters. The unheard meter level has reached a point of critical mass whereby warranty replacement no longer will meet the growing demands for meter maintenance when coupled with requirements for typical work order management associated with the operation of a utility. With an existing failure rate of approximately 20% or 6,000 meters, Meter Services employees can no longer manage the current state of the meter system and back office employees can no longer effectively manage billing and collections operations. With the equipment reaching the end of its operational life, the City of Boynton Beach must take immediate action regarding its meter infrastructure and establish plans to implement a migration strategy that begins to lower the number of manual reads required within each reading cycle. SUMMARY OF BUSINESS CASE During the early part of 2011, the City of Boynton Beach engaged the services of DavenportLawrence to assess the operational components of the City's billing and collections operations within the Finance Department. Following months of observation, research, and analysis, the advisory firm provided a findings report to the City that prioritized meter infrastructure re- design and upgrade as the most important and immediate need within the organization. Because so many functions rely on the efficiency and accuracy of the work by Meter Services, the business case for migrating the City's AMR /RadioRead meter infrastructure to the SENSUS AMI /FlexNet solution was both the best operational and the best financial option for the City. The following is a statement of the financial values of the recommended solution: 311 of 757 Value Statement 1 Value of Warranty $525,000 6,000 endpoints at $87.50 eliminated from cost. Does not include future warranty replacement value. Existing failure rate is 630 units per month at a value of $87.50 per failed unit and $15 for labor on installation. Value Statement 2 Leveraged Pricing $637,500 Midpoint pricing difference for similar AMI projects saving $21.25 /unit Value Statement 3 SENSUS Special $580,322 Equipment credit of $370,322, credit for full cost of 2 Tower Provisions Gateway Basestations valued at $120,000, and $90,000 for warranty labor. Labor credits allowed for future failures are not included in value calculation but available through provisions agreement. Value Statement 4 Integration with $45,000 Estimated deferred cost for customized integration with CIS by new Customer Information vendor System Value Statement S Cost Reductions and $175,000 FTE reductions /reallocations for meter reading. Additionally, AMI Enhanced Revenue improves meter reading accuracy, and enhances collections efforts thereby lowering delinquencies (currently more than 32% of receivables) Total Financial Value Utilizing $1,962,822 This total value is based on the current state of operations and Sole Source agreements and does not project future anticipated value from warranty replacements and account delinquency reductions 311 of 757 City of Boynton Beach HISTORY February 15, 2012 The process of collecting user consumption data may be the single most important accuracy function of utilities for the sustainable management of service delivery to customers of the utility. The Meter Reading and Services Group for the City of Boynton Beach is responsible for collecting consumption data from approximately 34,000 accounts through 16 reading cycles each month. The diversity of tasks within the Meter Reading and Services Group requires a meter infrastructure that is highly reliable, efficient, and accurate in order to maintain customer satisfaction, proficiency in revenue collection, and the ability to manage field work orders appropriately. Unfortunately, the current operational condition of the City's meter infrastructure is causing operational impacts to service quality, revenue collection, work order management, and employee morale that is unmanageable as the meter system exists today. Sensus began providing Touch Read infrastructure to the City of Boynton Beach through a piggy- backed contract originating with Seacoast Utilities effective August 5, 1997 and by a transition to Automated Meter Reading (AMR) in early 2000 through a piggy- backed contract originating with Clay County Utility Authority. Deployment of AMR began in 2001 and was concluded by the close of 2005. The City of Boynton Beach implemented the SENSUS AMR infrastructure based on the understanding that the technology would allow the City to realize lower operational costs and higher read accuracy within the Meter Reading and Services group as well as improved safety in areas of high traffic congestion. Based on the commitments and benefits represented by SENSUS, the City made a capital investment of more than $2 million in SENSUS TouchRead /RadioRead technology. Equipment Distribution Type - City of Boynton Beach Utilities The piggyback contract with Sensus executed by the City of Boynton Beach in 1997 and again in 2000 provides for certain warranty coverage specific to the type of equipment utilized. For the City of Boynton Beach the following allowances are available for accessory and attachment components to support AMR infrastructure: 518" through 2" SR, SR ll, PMM, Encoder Registers RadioRead MXU RadioRead MXU Batteries Electronic Touchpad 10 Years 20 Years 20 Years (10 full, 10 Pro - rated) 10 Years 312 of 757 505C 16,874 56.17% 520R 7,675 25.55% 505B 5,489 18.27% Unknown 1 0.00% Grand Total 30,039 100.00% The piggyback contract with Sensus executed by the City of Boynton Beach in 1997 and again in 2000 provides for certain warranty coverage specific to the type of equipment utilized. For the City of Boynton Beach the following allowances are available for accessory and attachment components to support AMR infrastructure: 518" through 2" SR, SR ll, PMM, Encoder Registers RadioRead MXU RadioRead MXU Batteries Electronic Touchpad 10 Years 20 Years 20 Years (10 full, 10 Pro - rated) 10 Years 312 of 757 City of Boynton Beach VALUE STATEMENT 1: WARRANTY February 15, 2012 The vast majority of equipment failures submitted for warranty fall within the defined warranty period based on the dates of original installation. At the end of 2005 the City completed the installation of 33,066 meters and currently there are 34,945 active meters. This change represents an increase of 1,879 new meters requiring MXU's during the period of analysis 2006 to August 15, 2011. Assuming the current failure rate of between 300 and 600 units per month continues throughout a three -year migration period from RadioRead to FlexNet, the City will be able to leverage the vast majority of 505C MXU units within warranty for upgrades to AMI without cost. Value Statement 1: Migration of the existing AMR RadioRead equipment to FlexNet through the warranty replacement is anticipated the City will have the ability to upgrade more than 6,000 failed MXUs (transmitters) or 20% of all City owned endpoints estimated at a value of greater than $525,000. This value does not include future projection of failure in which the latest failure rate is 630 units per month at a value of $87.50 per unit and $15 for labor on installation. VALUE STATEMENT 2: LEVERAGED PRICING For major meter companies, competition within the marketplace provides utilities with a significant opportunity to utilize competitive pricing in order to manage costs to the highest degree possible. For the City of Boynton Beach it is vitally important that the sole source selection of SENSUS is based on unique project parameters that cannot be duplicated by any other qualified vendor. Nonetheless cost management also is important to insure the City is paying a fair price for the technology and equipment received through the AMI contract. With over 12 years of history between SENSUS and the City there is a clear and measurable relation between equipment pricing, history with the City, the desire to maintain and grow market share for SENSUS in South Florida, and the adverse outcomes to the company for lack of cooperation. Comparing the sole source pricing for the major components of the migration, MXUs (transmitters), it is clear that the City of Boynton Beach has leveraged pricing consistent with, or better than, pricing of comparable projects. In evaluating pricing, the following 520M transmitter examples have been identified as appropriate comparisons to insure the AMI project as designed herein is in the best operational and financial interests of the City financially, operationally, and organizationally while supporting quality customer service. 313 of 757 City of Boynton Beach February 15, 2012 Value Statement 2: The value of migration with the incumbent vendor provides certain pricing leverages that allow the City the maximum return on its investment in the migration of AMR to AMI. The midpoint difference between SENSUS pricing related to other contracts is $21.25 per unit and the overall estimated value of pricing leverages is $637,500 over for the entire infrastructure replacement. VALUE STATEMENT 3: SENSUS SPECIAL PROVISIONS In the interest of maintaining a supplier relationship with the City of Boynton Beach as well as correcting the noted failures of the existing RadioRead system, the City and SENSUS have identified a number of mutually acceptable special provisions that enhance the benefits of an AMI system. These provisions result from many months of research and analysis of the various contributing components to the operation of the existing RadioRead system and how SENSUS would practically resolve the direct and indirect liabilities experienced by the City. As a result, both the City of Boynton Beach and SENSUS have established a mutually agreed upon Memorandum of Understanding that articulates the conditions that both parties could accept moving forward. (Appendix E) Value Statement 3: The value of migration with the incumbent vendor provides certain financial and operational leverages that allow the City the maximum return on its investment in the migration of AMR to AMI. The overall estimated value of these special provisions is $580,322 over three years. VALUE STATEMENT 4: INTEGRATION WITH BILLING /COLLECTIONS & WORK ORDER MANAGEMENT SYSTEM The City of Boynton Beach utilizes the SunGard /NaviLine for Local Government Suite for its integrated information system that includes functional operation of Utility Billing and Account Maintenance. The City of Boynton Beach has already incurred most of the cost associated with creating the interface for the Sensus Solution and has also crossed the bridge of risk associated with this effort. This effort would include; design, development, testing, training and additional helpdesk support related to these updates for both financial and operational staff. Value Statement 4: The value of migration with the incumbent vendor provides certain deferrals of costs and risk that reduce the required City investment or allow reallocation of funds to other project needs. The overall estimated value of integration costs deferral to support a successful integration effort between the City of Boynton Beach's financial system and a new solution is estimated to be $45,000. 314 of 757 City of Boynton Beach February 15, 2012 VALUE STATEMENT 5: COST REDUCTIONS AND ENHANCED UTILITY REVENUE The inability of the existing AMR technology to perform within design tolerance creates a constant drain on the utility's human resources. This ongoing focus on technology replacement and repair shifts the focus of the utility operation from the many normal business functions to repair and work order management. The lack of functionality with the AMR technology also decreases the productivity of the meter reading process and maintenance functions supporting a system. The distraction of malfunctioning AMR technology prevents the meter reading services unit from focusing on many of the core functions required by the staff. The lack of focus has significant financial impacts to the City including activities associated with customer service such as account disconnects and reconnects, high bill, zero read meter inspections, and customer requested re- reads. The Billing and Collections Department of the Utility is significantly hampered by failure of the AMR technology due primarily to the lack of capacity to perform service disconnections for non - payment by customers. Service interruption is proven as an industry standard for maintaining compliance with utility payment policies and limiting increases in the value of account delinquencies. The City's non- payment policy as it relates to service interruption is functionally disabled since the resources are focused primarily on repairing, replacing, and troubleshooting failing AMR technology. Therefore the shut -off for non - payment process (SONP) is driven by the limited capacity of the field crews in meter services to conduct service disconnections and re- connections and balance troubleshooting meter repairs and work orders associated with account maintenance. Clearly the City is burdened with growing receivables as a direct result of the inability of the meter services crew to perform the tasks necessary to implement the collections policy of the utility. Receivables over 90 days account for 32% of the total receivables of approximately $1.6 million and is increasing at a rate of over 10% per year. This trend will only be improved if the human resources for the Meter Services Unit of the utility are able to return the focus to core functions of the group including adherence to the account management procedures of the City. The increasing trend of aged receivables results in many accounts that are difficult to collect at best. Noted in several benchmark studies, there is a direct relationship between the age of a receivable account and the percentage of that account that is collectible. Accounts aged beyond 90 days are considered less than 75% collectible on average and accounts aged beyond one year have a less than 25% probability of collection. Without the ability to focus on the collections policy of the City the Utility receivables will continue to increase over time and the financial stability of the Utility will continue to deteriorate. The field work order system is important to the operational functionality of the utility and is essential to addressing many of the core functions of the service delivery and customer service needs. The existing state of the work order system is simply over - burdened with AMR malfunctions. The result of this tremendous volume of malfunctioning AMR work orders is that the system becomes subject to human error and mistakes, many of the normal customer service requests are not handled in a timely manner and many of the tasks are duplicated. Value Statement 5: Improved performance of meter infrastructure will provide internal capabilities to increase revenue by lowering delinquencies, lowering costs for field work order management, and improving accuracy and performance of meter reading. The savings annually is estimated to exceed $175,000 not including reductions of reduction of delinquency collections. 315 of 757 City of Boynton Beach SENSUS AMI PERFORMANCE February 15, 2012 While recognizing the failure rate within the AMR /RadioRead environment, SENSUS is regarded as a significant and reliable provider of fixed -base meter reading technology. With over 21% of the market share in smart meter technology, the FlexNet solution is deemed a significant improvement alternative to manual and RadioRead operations while meeting stringent reliability standards not currently available to customers of AMR. The stated performance rate supported by SENSUS for the City of Boynton Beach FlexNet project is 98.5% reliability for each of the transmission periods every six hours of each day and has been field verified by other AMI users for performance. For successful migration, the system must perform seamlessly under concurrently operating AMR and AMI as a mixed system utilizing the same technology with a common interface to the City's CIS. SUMMARY OF OPTIONS- FINANCIAL AND OPERATIONAL IMPACTS The City of Boynton Beach has carefully considered a number of options related to the activities necessary to improve the automated read -rate of its approximately 30,000 endpoints and researched the costs and benefits of each alternative. The financial and operational impacts evaluation includes consideration of other aspects (training costs, data conversion, historical record archive retrieval, and legacy hardware and software interfaces) and a discussion of regulatory, human resources, customer relations, and water supply issues. Options for improving the efficiency and effectiveness of the City's meter infrastructure considered: • Option A: Replacement, at cost, of failed meter transmitters and registers within existing work demands including troubleshooting and manual reads • Option B: Bid and award alternative vendor AMR technology • Option C: Bid and award AMI technology • Option D: Extend agreement with SENSUS and apply migration over a three -year period 316 of 757 SENSUS RadioRead has a high failure rate and is no longer promoted by the company as an alternative A: AMR SENSUS HIGH /HIGH automated solution. Labor costs are extremely high with RadioRead. If reliability was improved from 20% to a 6% failure rate the annual cost for labor is estimated at $36,000 per month or $432,000 per year. Receivables continue to increase due to hampered collection efforts. Bid and selection for AMR is an option but would require a full transmitter change out and integration at a high B: AMR BID HIGH /HIGH cost. Dual read of incompatible systems would create challenges within Meter Services and risks associated with Customer Information System (CIS). Estimated costs for AMR through a new vendor would exceed CIP funding allocations. On -going operational costs would be comparable to SENSUS but CIS integration would present operational C: AMI BID MODERATE /HIGH challenges and full migration costs would exceed current CIP funding allocations. Reliability is achieved at less than 1.5% failure rate dramatically reducing labor costs associated with manual D: AMI SENSUS MODERATE /MODERATE reads and troubleshooting work orders. Estimated cost or deployment of SENSUS AMI is considerably less than current CIP funding allocations. Outstanding receivables from delinquencies reduce dramatically as field crews have significant capacity increases for account 316 of 757 City of Boynton Beach SOLUTION SUMMARY February 15, 2012 In consideration of all conditions and components of a comprehensive meter migration to AMI technology, the City of Boynton Beach project team has indicated that a long -term solution for utility meter reading should be approached to minimize both cost and operational impacts. Evaluation of all options independently and without bias has uncovered a clear direction of choice for moving the infrastructure to high performance. Given the values associated with SENSUS warranty upgrades, improved utility revenues, special provisions by the vendor, favorable unit cost allocations, integration simplicity with CIS, and consideration for impacts to operations, the best solution for the City is to migrate to AMI /FlexNet with SENSUS. By eliminating the need for development and implementation of a procurement process, the City gains critical time in reversing the trend of failed meters that require manual reads causing resources to be expended beyond capacity. The proposed solution and migration agreement with Sensus will include specific performance parameters and milestones to ensure efficient and effective operation of the system and adherence to the planned project goals and objectives. SENSUS has agreed to work quickly with the City of Boynton Beach to resolve the approximately 6,000 unheard meters with new AMI product deployment between April 1st and September 30 of 2012 through warranty replacement in parallel to product credit utilization of $185,161. This parallel initial change -out phase will provide the ability of the City to shift approximately 9,000 meters, or 30% of the entire City system, for only the cost of installation of the credit portion of the phase. It is estimated that the labor component will not exceed $66,000 at $20 per endpoint and is fully funded through the current fiscal year capital allocation for meter replacements. The financial and operational benefits of the SENSUS AMI /FlexNet solution provides a clear direction for the City to immediately address major operational impacts resulting from the current automated system. Elimination of practically all manual reads and related troubleshooting work orders will allow City resources to re- direct limited staff to supporting account management orders from Customer Relations. The City of Boynton Beach staff has mapped a process for meter migration that maximizes the operational and financial benefits of a continued relationship with SENSUS through sole sourced agreement. Project Schedule with Funding Allocations Project Planning Infrastructure N/A $6,500 $25,000 The City will select a qualified firm to provide Design pre - deployment planning services and project March - April, 2012 management infrastructure. Year One- Through September 9,000 $0 $66,000 Installation of warranty replacement 30, 2012 upgrades and first year credit utilization. Year Two - Through September, 7,000 $427,339 $140,000 Assuming completion of credit utilization at 2013 185,161 Year Three- Through September, 7,500 $656,250 $150,000 Meets minimum purchase requirements as 2014 ontained in pro 'ect ol an. Year Four- Through September, 6,600 $577,500 $132,000 Meets minimum purchase requirements as Subtotal 30,100 $1,667,589 $488,000 ubtotal of $2,155,589 against CIP allocation Contingency 10% N/A $166,758 $48,800 A S3,100,000, Included for project overruns, labor djustments, excessive register repair, etc. TOTALS 30,100 $1,834,347 $536,800 $215,558 for contingency for a total [ncludes $2,371,147 against CIP allocation for a timated project under run of $728,853 317 of 757 City of Boynton Beach February 15, 2012 APPENDIX A SOLE SOURCE DETERMINATION WITH SENSUS FOR AMI INFRASTRUCTURE Occasions may arise when competition among potential vendors is not possible for a particular procurement. These situations may occur when there is clearly and legitimately only one source capable of supplying the subject matter in a timely fashion, when there are special facilities or market conditions that result in only one source, or when there is only one source capable of supplying the subject matter in a timely fashion such that seeking competitive prices would be impractical. A sole source procurement approach for Advanced Meter Infrastructure was selected based on a number of contributing factors that support the need to maintain compatibility with SENSUS meters currently installed in the City service area throughout the multi -year migration from AMR to AMI. Compatibility and use of a singular vendor for parts and service is paramount to minimizing maintenance costs and supporting future system upgrades for the City of Boynton Beach. The SENSUS company originated over 100 years ago and leads the industry in deployment of AMI technology and utility infrastructure systems. SENSUS provides proven stability and credibility in the metering marketplace with the ability to support its customers in operation both now and long into the future. Dedicated to research and development, SENSUS provides a clear track record of technology enhancements that promote advancements in functionality and service. SENSUS AS A SOLE SOURCE WARRANTY UTILIZATION: Limitations on staffing and operational funding constraints require the City of Boynton Beach to migrate the meter infrastructure initially using warranty replacement, including labor, since current budget allocations are not sufficient to make substantive changes to the system. SENSUS has agreed to replace existing unheard meter transmitters, currently estimated at approximately 6,000 units, with transmitters compatible with the upgraded FlexNet system. This no -cost meter upgrade along with compatible meter reading equipment under the warranty replacement provision provides a financial and operational opportunity for migrating over 10% of the entire meter infrastructure with very little direct costs to the City. This opportunity contains an estimated value of $615,000 and cannot be duplicated by any other company providing AMI solutions for utilities. The process of standard bid and award would drastically exceed the ability of the incumbent vendor to replace failed meters and would prevent Meter Services for the City of Boynton Beach from operating the system as required for accuracy and timeliness. INTERFACE WITH SUNGARD: Systems interface between SENSUS Regional Network Interface and the billing software provided by SunGard has been developed in a customized environment and is not designed to automatically integrate with other meter reading vendors. Integration challenges create financial and operational risks as software integration requires custom design, testing, and implementation for proper transfer of data between the meter reading and billing systems. AMR /AMI INTEGRATED METER READING: With meter migration occurring over a three year period, the migration plan requires the ability of the vendor to maintain parallel meter reading capabilities. SENSUS has developed a vehicle based transceiver that provides dual reading and download capabilities thereby eliminating a paralleled reading infrastructure required if utilizing more than one vendor. 10 318 of 757 City of Boynton Beach February 15, 2012 APPENDIX B AMI PROJECT GOALS, PARAMETERS, AND BASIS The City of Boynton Beach is working to formalize an agreement with the current meter vendor, SENSUS, to migrate its infrastructure fully from AMR to AMI. The goals for the project are to select and implement a fixed network AMI system that will: • Provide remotely read real time meter data that is accurate and timely • Detect water leaks within City distribution lines • Provide almost "real time" meter readings for billing and customer inquiries • Provide customers access to their usage data and trends • Provide comprehensive data to support water production and water rate evaluations. It is expected that the AMI system installation will be designed and activated by May of 2012. The project phases are sequential and will be worked with the assistance of the City Project Team and a selected project management firm. The Project Team will make recommendations to City Administration for approval. The business case provides benefits to the City of Boynton Beach from the AMI system including: • Improved cash flow through proper field resource utilization and billing accuracy • Improved customer service through real time metering • Reductions in meter maintenance, troubleshooting, and equipment costs • Improved planning capabilities from enhanced data availability • Improved conservation and water accountability • Streamlined billing and invoicing processes Several challenges have been identified during the evaluation phase of the project. These include: • Retraining of staff to handle new jobs for changed processes • Communications internally and externally to help transition the changes for employees and customers • Financing the project during a time of capital constraints • Staffing during the conversion process. • Managing AMR operational issues during migration • Meeting project milestones and financial projections • Requiring accountability of vendor to meet expectations for migration and performance Project challenges will be addressed within the comprehensive project plan developed upon authorization to proceed by the City Commission. RECOMMENDATIONS FOR MIGRATION ACTIVITIES After analysis of the anticipated benefits and requirements of each alternative, the business case supports the recommendation for selection of an AMI system in partnership with the incumbent vendor, SENSUS, for transmitting equipment only. It is further recommended that a project management firm be involved in system conversion including installation, training, interface with information technology, and project communications. The importance of communication with multiple stakeholders both inside and outside the utility is critical and will requirement project management focus beyond the resources currently available in- house. It is recommended that a point person be assigned with responsibility for 11 319 of 757 City of Boynton Beach February 15, 2012 development and implementation of a project communication program and provide utility oversight for internal and external stakeholders. In parallel to the approval process for migration of the meter infrastructure from AMR to AMI, the City is currently seeking qualified firms through the preparation and publication of a Request for Proposals to oversee the major milestones of the migration project. Major work phases that will follow award of the project management engagement include: • Project infrastructure design (methodology, tools, project schedule, contractor oversight, budget, etc) • Project administration and internal /external communication Ongoing implementation assistance including goal adherence, financial oversight, systems performance and integration, and training. AMI Project Goals Key project goals and objectives have been identified by City staff and consulting partners for the AMI project following the selection and implementation of FlexNet AMI that includes: • Remotely read real time meter data that is accurate and timely • Leak detection to minimize revenue loss and enhance customer service • On- demand meter readings for billing and customer inquiries • Providing data resources for rate analysis and justification • Drastically reduce "unheard" meters and error troubleshooting and associated labor costs Features of an AMI System Billing accuracy, read reliability, and efficiencies of automated reading through advanced meter reading technology were the three most important features selected by the Project Team during the evaluation phase for the meter infrastructure design moving forward. Customer accesses to their usage data and timely data for planning purposes were also listed as priorities as well as seamless integration with the billing system. Consideration of these priorities was essential in the selection of the AMI system recommendation utilizing SENSUS FlexNet. An AMI system will provide numerous benefits, some which can be measured and some which will improve levels of service to City utility customers. 1. Labor Cost Reduction — meter reads, previously obtained by Radio Read (drive -by) technology now will be automatically read remotely by sending a signal to each meter which will then send a signal back to the Regional Network Interface (RNI). Operating properly the AMR system requires staffing at the equivalent of 2FTEs and with the progressive failures the number of FTEs required to fulfill meter reading has escalated to 5 FTE's. Full AMI deployment will allow the reduction of staffing to less than 1 FTE. Some manual reading may continue to be required for unique meter installations and locations but the number of manual reads will be negligible. This change in labor assignments will occur over the 36 month installation program. 2. Water Loss Reduction— current water loss is approximately 10% of system production. This loss may be attributable to meter inaccuracies (master meters or customer meters), leakage, water main breaks, water used but not accounted for, and other causes. Regular measurements of the City's water distribution system provide critical data for evaluation of the significant contributors to water loss. 12 320 of 757 City of Boynton Beach February 15, 2012 3. Customer Leak Detection and Management —leak detection will be an immediate and favorable financial result of the AMI system. Currently, customer leaks are detected by the customer or by the Utility at the reading point approximately every 30 days. The AMI system will flag customer leaks on a daily basis and the Customer Service Representative will have real -time data for notification to the customer before a leak gets too big or too expensive. 4. Fleet Cost Reduction —The current meter reading method requires about 3 vehicles. With AMI 1 vehicle will be required, which will reduce gas consumption and emissions. 5. Utility System Planning— the City's distribution system, water supply, and storage capital plans are designed using some form of hydraulic modeling. This modeling has estimated water demands placed at nodes and AMI provides more precise customer demand inputs into the model. 6. Bill Accuracy — City Meter Services has a good track record for providing accurate readings to the billing system. With the sharp decline in reliability of the AMR /RadioRead system, the City has conducted a greater number of manual reads and, during times of hardship due to equipment failures, has applied estimated reading to various routes due to timing. With AMI fully deployed, the City will virtually eliminate manual reads and the related errors associated with manual data entry as well as always maintain real -time information on each of the approximately 34,000 accounts in the system. 7. Improved Customer Usage Data —the new system will support better customer information for a variety of customer purposes including customer budgeting, customer plumbing design, and troubleshooting pressure or flow issues. This data will be available on -line to the customer via Click2Gov or by phone thereby allowing customers will be able to resolve issues more quickly and efficiently. 8. Choice of bill payment date to customer— the new AMI system will facilitate offering a choice to customers to set their bill payment date to meet customer demands no longer encumbered by cycle reading and other operational limitations. Organizational Challenges for Implementing an AMI System Many of the functional areas of the City of Boynton Beach will be impacted with a new AMI system. The most significant concerns emphasized by the Project Team was obtaining the capital required for a system to meet their needs, establishing reliable field data collection for proper project planning, controlling excessive manual reads during migration, resource allocation, AMI reliability, and the internal requirements for managing the migration process. These challenges will provide the baseline service scope for the project management team and will be managed and /or resolved based on priority. Timing of the Project While the majority of the Project Team would like to see an AMI system fully implemented earlier than 2015, overall having the system fully implemented within three years was deemed adequate. Functionality and Integration The ability to communicate the basic meter reading information from the meter to the City and to the customer in a timely and efficient manner is the prime function of the AMI system. These readings and the use they represent will need to be stored, archived and made available through a comprehensive 13 321 of 757 City of Boynton Beach February 15, 2012 Meter Data Management (MDM). The MDM will interface with all the major computer systems of the City of Boynton Beach CIS. Provide reading and comparative use information to billing system for monthly bills Provide information for Customer Service Representatives for answering calls, taking orders and interfacing with the customer Provide information to distribution system operations as needed The AMI /FlexNet system will have the ability to recognize a new (or replaced) meter installed on a building or facility within the system when it becomes operational. The readings from that meter will be obtained, transmitted, archived and presented to City for installation in the City CIS. The system will also report meters no longer communicating and provide last read, date and time information to City. Expected Life Cycle of AMI System The life cycle of an AMI system is composed of five major segments — the meters with encoded head, the meter interface units, battery life, communications and system programs (software). Each of these segments has a different life cycle and is affected by different factors. The meter transmitting unit has a warranty of 20 years and a life expectancy beyond the warranty. The encoded head on the new technology meters operates with the use of a battery. The expected battery life for the encoded head is also designed for 20 years of performance. The encoded head has a low battery warning signal that can alert the Utility of an unexpected battery failure prior to the end of the 20 year lifecycle. 14 The primary MDM functions will be: 322 of 757 City of Boynton Beach February 15, 2012 APPENDIX C TECHNICAL SPECIFICATIONS OF AMI /FLEXNET FIXED BASE SYSTEM OVERVIEW The Fixed Base AMI System must provide two -way communication from the Host Software /Computer to strategically located Tower Gateway Basestations (TGB) and also have the ability to communicate down to the installed Meter Transceiver. The two -way communication should allow for time synchronization ( +/- 1 Minute of NISI), firmware upgrade and programming options to the TGBs and also the Meter Transceivers. These applications must be performed "over- the -air" and without the need to visit a Smart Point. The communication from the TGB to the Meter Transceivers must utilize a primary licensed FCC Narrow Band two -way frequency. The System must be capable of migration from mobile to fixed base AMI and shall allow data collection (manual, mobile RF, and /or fixed base) to operate together seamlessly in a mixed system that utilizes the same technology with a common interface to the Utility's CIS. The System shall provide a secondary means of reading meters equipped with a fixed base Smart Point via a handheld device equipped with an RF transceiver. The Fixed Base AMI System must be designed to provide coverage for all meters located within the specific utility territory to collect data. The Fixed Base System must have the ability to support conservation initiatives, off cycle reads, customer leak detection alerts, reverse flow and distribution line leak detection. During the programming initialization, the system should provide the ability to identify successful transmission and allow the installer the ability to verify transmission success while at the installation site. The data collection devices should incorporate a store - and - forward redundancy feature and should transmit the data to the back end system immediately upon receipt. The Fixed Base Host Software shall provide numerous applications and /or feature sets to support various departments such as customer service, billing, operations, meter reading, revenue protection and others. The software should allow for configurable reports using the data collected. The software should provide pull down easy application screens for the end user to manage the system. Specific reports should be automated to inform the end user when alarm conditions occur or insufficient data has been collected from specific accounts and or regions. The software should also provide customizable usage graphs for applications that can be set to report daily /weekly /monthly and hourly data. The system will also provide the ability to incorporate mapping capabilities for proactive maintenance and analyzing purposes. Definitions: • Fixed Base System ( "System "): The Fixed Base System consists of Fixed Base Host Software, Tower Gateway Basestations (TGB's), Communications backhaul/ Wide Area Network (WAN), and Fixed Base Radio Frequency Meter Transceivers to enable the remote collection of metering data from absolute encoder - equipped water meters or other compatible devices. Host Software: The Fixed Base Host Software package is installed on the host system at the utility site or a remote location. The Fixed Base Host Software shall manage the communication with the TGB's and Meter Transceivers. The host software will also serve as the interface to the Customer Information system (CIS) and /or billing system. The transfer process is initiated by a file transfer that utilizes an import and export process. The Fixed Base Host Software shall contain a graphic user interface (GUI), configurable reporting, automated processing capabilities and mapping. The host system will have the ability to interface to multiple billing and CIS systems. The host software will serve as the data collection repository from either a mobile and /or fixed base solution. 15 323 of 757 City of Boynton Beach Definitions (continued): February 15, 2012 • Wide Area Network (WAN): The WAN is the communications link between the Fixed Base Host Software and TGB's. The standard WAN backhaul is ethernet. • Tower Gateway Base station (TGB): The TGB is the enclosed hardware /software that serves as the communication link between the Fixed Base Meter Transceiver and the Host Software. The TGB will incorporate two -way communication capabilities to receive, store and transmit meter data and commands immediately. The TGB must also have the ability to store up to thirty days worth of data in case of an unexpected loss of power or communications with the host software. Fixed Base Radio Frequency Meter Transceiver: The Meter Transceiver is the radio frequency data collection device that attaches to the meter for the purpose of collecting and transmitting meter reading data, unique identification numbers, operating status information and various alarms. The Meter Transceiver transmits on a Primary- Licensed Narrow band FCC frequency. The Meter Transceiver shall be a high -power (transmitting at up to two watts), two -way communication device that is available in both wall and pit mount configurations. The Meter Transceiver must also be available in configurations that can incorporate up to two meters. In addition, the Meter Transceiver must be programmable "over- the -air" to transmit both an hourly time - synchronized meter reading and usage /data transmitted to Host Software at a minimum of four (4) times per day. The Meter Transceiver must be capable of being programmed to transmit alarms for leak, broken pipe and reverse flow events. 2. FIXED BASE SOFTWARE OVERVIEW The Host Software must exist as a browser -based application that runs on a server. The Host Software should interface with Sensus file layout format to interface to the Utility's CIS for meter reading. The Host Software should support fixed base AMI, handheld meter reading and mobile meter reading on one platform. The Host Software must support reading performance reports and advanced usage analysis capabilities. The Host Software must be able to export data to Microsoft Excel and Adobe PDF formats. The Host Software shall have the basic capability of providing the following data to utility on a daily basis for monthly billing applications: • An hourly time - stamped meter reading taken from all water meters for monthly billing purposes from the Fixed Base Meter Transceiver; • Hourly usage /consumption readings for resolution of customer billing disputes and improved customer service from the Fixed Base Meter Transceiver; • Collect and report on the alarm data received from the Meter Transceivers (non -read, non - numeric read); • Collect and report on the leak data received; • Hourly Reading data for Meter Transceivers in the system that can report the consumption intervals for a selected time - frame. 2.1 Host Software Requirements The Host Software must provide all the control needed in the network and provide for the essential functions of network management, meter communications, reporting, database configuration and alarms monitoring. It shall comply with prevailing industry standards and should run on a Windows - compatible computer. The Host Software must be able to interface with handheld and mobile meter reading software to enable a mixed meter reading approach that utilizes the same technology. The Host Software must interface to the utility's CIS /billing 16 324 of 757 City of Boynton Beach February 15, 2012 software. The meter reading data communicated to the CIS system shall be provided in an ASCII flat file format. The server hardware must be provided by the vendor for installation at the host site. The user computer hardware is to be provided by the utility and must meet the following basic requirements. Computers must meet the following minimum requirements: • Windows 2000'/Windows XP • Intel 800 - megahertz (MHz) processor or faster • At least 512 megabytes (MB) of RAM (1 GB is recommended) • At least 1.5 gigabytes (GB) of available space on the hard disk • Microsoft Internet Explorer 7 or greater • Keyboard and a Microsoft mouse or some other compatible pointing device • Video adapter and monitor with Super VGA (1024 X 768) or higher resolution • 56 kilobits per second (Kbps) or higher -speed modem • Network adapter appropriate for the type of local -area, wide -area, wireless or home network you wish to connect to, and access to an appropriate network infrastructure; access to third -party networks may require additional charges. • File transfer protocol (FTP) access 2.2 Information Requirements The host software must support the following information requirements: • Storing additional meter readings and status flag information from other monitoring devices (such as distribution line leak noise loggers,). • Must support single and dual register meter information. • Must support meter readings (4 -8 digits) and Meter Transceiver ID numbers up to 10 digits. • Must interface with handheld device and vehicle -based reading equipment to support mixed system operation. • Must support GPS type data to identify locations of account geographically. • Capability to store all meter data information obtained from the TGB's for 13 months. • The System must be able to monitor the status of the WAN and alert the user in the event of a problem impacting communication between the TGB's and Fixed Base Software (Server receiving alarm information about signal strength, etc). • The system must provide for the ability to monitor the status of the TGB and provide alarms back to the utility. • The System must have the capability to monitor Meter Transceivers that have transmitted for the first time to identify successful installation and operation. • The supplier must provide the service of remotely monitoring the system and have controls in place to ensure optimized system operation. • There must be capability to monitor status /performance of the TGBs strategically located in the network. • Diagnostics must be available such that operators can evaluate performance and send instructions "over- the -air" to optimize performance of the network. 17 325 of 757 City of Boynton Beach February 15, 2012 2.3 Network Management The Fixed Base system must provide a "Health Management" application within the host software to monitor the status of the TGB's. The network monitoring solution should provide data with regards to the Meter Transceiver transmission strength and its corresponding TGB and /or multiple TGB's. Reports should be available on a daily basis and must have the ability to alert appropriate personnel of certain triggered alarms. 2.4 Basic Functions The Host Software must provide the ability to maneuver data to various reports and also to compatible software applications. The system should provide the ability to verify the percentage of reads received for particular areas and /or selected meter routes. This data should then be exposed to various configurable parameters set, such as high /low parameters to assure the accuracy of the data. Once this review has taken place, the data should then be grouped for exporting purposes to the billing and /or CIS system within the utility. The host software must also have the ability to group route information and both import and export that data to a handheld meter reading and /or programming device. The Mobile Host Software must include the following: • Loads to /unloads from the handheld devices by serial communications at a minimum speed of 19,200 bps and via Ethernet communications at a minimum speed of 10 Mbps. • Provides database with optional backup /restore capability. • Enables the user to specify the data to be exported from the database for transferring to the billing system. • Enables the user to search the database for records matching specified information. • Allows the user to define up to 100 notes. 2.4.1 Typical Read Cycle In a typical Read Cycle, the Host Software must allow the following operations: • Merging of routes into the existing database for loading onto a data collection device. • Posting of readings from the data collection device onto appropriate accounts within the database. • Creation of a backup copy of the routes within the database (including current system configuration files). • Printing pre - selected reports. Exporting routes from the database to the utility billing system. 2.5. Reporting The Host Software must provide normal reporting and exceptional reporting capabilities that must address basic operational requirements: The Host Software must have the ability to identify three types of reading information to include; 1. Numeric reads (successful reads that can be used for billing) 2. Non - numeric reads (reads that cannot be used for billing but may indicate a problem with the meter register or Meter Transceiver or tamper condition); 3. No readings (no transmitted reading was received). • The Host Software must allow the user to review total number and percentage of successful reads, unsuccessful reads, and no reads. 18 326 of 757 City of Boynton Beach February 15, 2012 • Network Level Reports — must identify by day or date range, a summary of the total number and percentage of successful reads, unsuccessful reads, and no readings. • TGB Level Report — must provide a summary of the total number and percentage of successful reads, unsuccessful reads and no readings. Standard reporting to include the following information: • Zero Consumption • Unread Meter (no readings) • Billing List (numeric reads) • All Readings • Invalid Readings (non- numeric reads) • Meter ID Mismatch Meter Transceiver ID Mismatch Meter Transceiver Status • Reading Summary (Statistics page, Read vs. Unread /Non- numeric) • Reverse Flow Event • Leak Events • Acoustic Leak Loggers (such as the AMR Permalog on the distribution lines) The Host Software must allow the user to select specific fields from the database to be exported to a third -party report generator for custom reports. 3. Tower Gateway Base station (TGB) 3.1 Basic Requirements Must demonstrate the capability to collect data wirelessly from the Meter Transceiver and communicate back to the Fixed Base Host Software: • The TGB must support two -way communications over an FCC primary licensed frequency with the Meter Transceiver and provide such functionality as priority alarms and over - the -air updates. • The TGB must be flexible with regards to installation option • The TGB must be AC powered. • The TGB must provide memory back -up (30 days). • The TGB must utilize a Linux operating system. • The TGB must be able to support and process up to 50,000 Meter Transceivers. • The TGB must have a battery backup capable of maintaining eight hours of support. 3.2 Wide Area Network (WAN) Backhaul Requirements The TGB must be capable of using both a primary and secondary data links providing two -way ethernet TCP /IP with the following as WAN backhauls for data: • Wired (DSL or cable) • Wireless • Wi -Fi • Fiber • Frame relay • GPRS 19 327 of 757 City of Boynton Beach February 15, 2012 3.3 Power Requirements • The TGB must be powered via 110 - 220V AC. • Upon power failure, the TGB shall retain the past thirty (30) days of meter data in a non - volatile memory. • Upon start -up after power failure, the TGB must restore databases, tables, and logs to the previous state. 3.4 Communication Requirements • The TGB must have a transmitter capable of sending out thirty -five (35) watt transmissions. • The TGB must log all events mentioned below and communicate to the host computer: ■ Link failures: • The TGB link failure time and date -to- the -Host must be logged and all data must be saved thirty (30) days. • The TGB must try continuously to re- establish a link to the host. ■ Reset: • The TGB must be able to be reset by the Host computer. • Manual reset functionality must be available. ■ The TGB shall transfer the past thirty (30) days of data stored in a non - volatile memory to the Fixed Base Host Software upon power up reset. 3.5 Installation /Mounting Requirements The TGB antenna should have the ability to be installed on the top of water towers. Other installation applications should include cell towers, tall buildings, and /or other elevated structures. The TGB must be powered by 110- 220VAC. 3.6 Environmental Characteristics • The TGB must have an operating temperature of -22 °F to +140 °F ( -30 °C to +60 °C). • The TGB must have a storage temperature of -40 °F to +1857 ( -40 °C to +85 °C). • The TGB must have an operating humidity of 0 to 95% Non - Condensing. • The TGB must have a NEMA 311 enclosure and pass the UL50 (Underwriter's Laboratory) rain test. • The TGB must meet vibration requirement of MIL -810F. 3.7 Approvals • The TGB must be UL Listed. • The TGB must be CSA Approved. • The TGB must meet FCC Part 90. 4. FIXED BASE METER TRANSCEIVER The Meter Transceiver(s) must be an electronic device that allows for the connection to an absolute encoder register. As defined by pre programmed settings, the Meter Transceiver shall interrogate the encoder register and transmit the meter reading and other information to a Tower Gateway Base station. The Meter Transceiver shall be compatible with Sensus, Neptune (ProRead), Badger ADE, and Elster (Sensus protocol incorporated) absolute encoder registers. The Meter Transceivers shall attach to meters with Sensus encoder registers by Touch Coupler technology, or they shall easily retrofit to existing meters with encoder registers in the field. The 20 328 of 757 City of Boynton Beach February 15, 2012 Meter Transceiver shall be manufactured in both non -pit and pit set models. The Meter Transceiver should have the capability to have at least two registers attached to one Meter Transceiver. The Meter Transceiver shall have the ability to be mounted on a wall. The pit set Meter Transceiver shall have the ability to be mounted in a pit set environment or an underground vault. The non -pit and pit set Meter Transceiver shall have the battery and electronics encased in High Density Polyethylene (HDPE) waterproof design. 4.1 Physical /Mechanical Requirements Pit Set Meter Transceiver • For pit or vault applications, the pit Meter Transceiver antenna shall be designed to be installed through the industry standard 1 -3/4" hole in the pit lid with no degradation of transmission range. The pit set Meter Transceiver antenna unit will be capable of mounting to various types and thicknesses of pit lids — Cast Iron, Aluminum, Concrete, Composite or Plastic from 1/2" to 2 -1/2" in thickness. The pit set Meter Transceiver design shall not require the replacement of the pit lid material to plastic to improve the propagation of the RF signal. • The device shall be capable of operating at temperatures of -30 °F to +165 °F ( -34 °C to +74 °C) and be 100% submersible. • The Meter Transceiver circuit board and battery will be encapsulated in High Density Polyethylene (HDPE) for superior water ingress protection. The pit set Meter Transceiver must be suitable for operation in flooded pits and be able to be submerged for extended periods of time. The range will not be affected when the pit is flooded, provided the pit Meter Transceiver antenna is not submerged under water. • The pit set Meter Transceiver antenna shall be made of a material to withstand traffic. • The pit set Meter Transceiver shall provide a location for a tamper deterrent seal. • The pit set Meter Transceiver must be capable of being field retrofit to existing meter using TouchCoupler connections or wired connections for encoder register installations. 4.2 Operation Specifications • The supplying vendor shall be the sole manufacturer of the different elements comprising the fixed base system which include the Meter Transceivers, Data Collection devices, programmers and software. • The Fixed Base System shall operate on a primary licensed FCC frequency within the 900 -950 MHz band and operate within FCC CFR 47: Part 90 regulations for this band. • The Meter Transceiver shall utilize two -way communications with the Tower Gateway Base station to allow for "over- the -air" communications between the two devices for re- programming and time synchronization. • The Meter Transceiver shall be configurable via "over- the -air" communications. 21 329 of 757 City of Boynton Beach 4.2 Operation Specifications (continued) February 15, 2012 Power shall be supplied to the Meter Transceiver by a lithium battery and a capacitor. The Vendor shall warrant that any battery provided and installed in the Meter Transceivers by the Vendor shall be free of manufacture and design defects for a period of twenty (20) years - the first ten (10) years from the date of shipment from factory will be warranted for full replacement cost, and the second ten (10) years will be warranted on a prorated basis, as long as the Meter Transceiver is working under the environmental and meter reading conditions specified. • The Meter Transceiver must allow for the option of a field - replaceable battery and be designed for minimum twenty (20) years life expectancy. • The Meter Transceivers must be capable of reading two encoder registers at one time. • The Meter Transceiver shall interface to Sensus, Neptune (ProRead) Badger AIDE, and Elster ( Sensus protocol incorporated) absolute encoder registers via a three - conductor wire or TouchCoupler technology without need for special configuration /programming of the Meter Transceiver. • The Meter Transceiver shall transmit up to six times per day under normal transmission conditions without impacting the battery life. The Meter Transceiver shall have the ability for time synchronization. • The Meter Transceiver programmer should have the ability to place the Meter Transceiver into the optimum transmission mode during programming. • In addition, if the Meter Transceiver is configured in hourly usage, the Meter Transceiver shall provide the current meter reading and a data packet with hourly historical data. • Each Meter Transceiver shall provide a unique pre - programmed eight digit identification ID number. Each Meter Transceiver shall be labeled with the ID number in both numeric and bar code form. The label shall also display FCC approval information, manufacturer's designation, and date of manufacture. • The Meter Transceiver shall transmit the encoder meter reading and a unique 8 digit Meter Transceiver ID number. • Tamper - If wiring between the Meter Transceiver and encoder register has been disconnected /cut, a "non- reading' shall be transmitted indicating wire tamper. The System should have the ability to validate that the installation is successful at the installation site. The system shall also provide for the provision to interrogate the Meter Transceiver to extract a reading that will be displayed on the programmer. The installation tool shall display the Meter Transceiver ID number, valid meter reading and the signal strength (SNR = Signal to Noise Ratio) of the communication between the Meter Transceiver and Tower Gateway Base station. • The Meter Transceiver shall have the capability of sending alarms for leak, tamper, and backflow when connected to an absolute encoder register and reading data from a distribution line leak detection device. 22 330 of 757 City of Boynton Beach 5. TRAINING AND SUPPORT February 15, 2012 The vendor must support new and ongoing training sessions and material that relates to the operation and maintenance of the fixed base system. Vendor will provide a detailed schedule of training options and also perform on -site training sessions for various employees of the utility. The vendor proposal must also include other remote training alternatives for new and existing employees. The vendor must also support a user's conference /Forum in which users of the fixed base system have the ability to provide feedback for new products and best practices. 5.1 Support Services The vendor shall have a fully trained Technical Support Department. The utility must have access to technical questions thru a telephone based support desk. The trained technicians should be capable of answering and responding to various requests such as, but not limited to: • Hardware, operational maintenance questions and problems. • Software operational questions and problems. • Assisting customer with configuring reports • Assisting with software updates • Troubleshooting hardware issues • Providing on -site training or evaluation as needed. The Help Desk must be available weekdays between 8:00 a.m. and 6:00 p.m. EST with after -hours numbers available as needed. 5.2 Installation and Training The vendor will provide a complete set of installation and operating instructions for all the components of the fixed base system. Onsite training by authorized vendor personnel or their representatives must be provided. The vendor must also arrange a pre - deployment meeting to identify the critical path items for installation and training needs. 6. WARRANTIES In evaluating bid submittals, warranty coverage will be considered. The Vendor shall be required to state its warranty and /or guarantee policy with respect to each item of proposed equipment. The procedure for submitting warranty claims must also be provided. As a minimum, the Meter Transceiver must have a twenty (20) year warranty and the Tower Gateway Base station (TGB) shall be warranted for one (1) year from date of shipment for defects in material and workmanship. 7. SYSTEM MAINTENANCE AND SUPPORT In addition to warranty periods, Vendors are required to supply information on required or optional maintenance programs beyond the warranty period for both hardware and software. The location of and procedures for obtaining such support shall be stated. A toll -free Help Desk number must be provided for system support. 23 331 of 757 City of Boynton Beach APPENDIX D PROPAGATION ANALYSIS SUMMARY AND SYSTEM OVERVIEW February 15, 2012 TOO 24 332 of 757 FlexNet Propagation Analysis i 9 Boynton Swch, FL L.111. L..U,,. Fell SMI 41 neyele v L T, 'I t " "� j��, Po 5 p� �: nm �.a h 1 . 5 Ensus TOO 24 332 of 757 City of Boynton Beach APPENDIX E February 15, 2012 KEY TERMS AND CONDITIONS FOR AMI THROUGH SENSUS FOR THE CITY OF BOYNTON BEACH The City of Boynton Beach, under the following conditions, is committing to implement FlexNet AMI through a planned migration with SENSUS: • SENSUS will provide a product credit of $370,322 for material expenses related to RadioRead migration to FlexNet effective April 1, 2012 with an ability to utilize half of credit allocation ($185,161) at 100 %. The balance of the credit ($185,161) applied at a utilization rate of 30% per purchase. • SENSUS will provide and install 520Ms to replace all unheard 505C units identified with the AutoRead meter reading file within 60 days of agreement execution. • SENSUS to provide at no cost to the City an upgraded VGB upgrade package within 60 days of agreement execution. • SENSUS will provide the Network Infrastructure Upgrade fully operational on a schedule determined by the City at no cost to the City. • SENSUS will provide replacement for all failed registers and MXUs under warranty until January 1, 2015 and all labor, or labor credit at an allocated rate of $15 per unit, for the migration of SENSUS meters to FlexNet. • SENSUS will utilize field data collection technology as prescribed by the City for any field work performed on City infrastructure. • The City will replace all RadioRead MXUs that fail out of warranty with 520Ms at a fixed cost of $87.50 per unit. • SENSUS will accept all AMR equipment returns for credit as requested by the City. • The City would commit to purchasing 520M units at the fixed rate of $87.50 per unit under the following schedule: • Warranty Replacement Estimated 3,000 meters (Full credit utilization by April 30, 2013) Purchase commitment minimum of 6,500 units by September 30, 2013 • Purchase commitment minimum of 7,500 units by April 30, 2014 • Purchase commitment minimum of 8,500 units by April 30, 2015 • Balance of conversion purchased by September 30, 2016 Estimated 6,500 meters remaining 25 333 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PROCEEDING WITH A NEGOTIATED SETTLEMENT AND AGREEMENT WITH SENSUS USA, INC., TO REPLACE CURRENT AND FUTURE FAILED REGISTERS OF AUTOMATED METER READING (AMR) SYSTEMS UNDER WARRANTY WITH ADVANCED METERING INFRASTRUCTURE (AMI); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently operates a Sensus based AMR system that was installed in the late 1990s and early 2000s that is quickly reaching the end of its useful life; and WHEREAS, City staff has negotiated a settlement and agreement with Sensus USA, Inc., to replace current and future failed registers of Automated Meter Reading (AMR) systems under warranty with Advanced Metering Infrastructure (AMI) in exchange for the development of a contract/service agreement with Sensus as a sole source provider to replace all AMR units with AMI technology in order to standardize meter reading equipment and regain meter reading efficiency; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interest of the residents and citizens of the City of Boynton Beach to proceed with a negotiated settlement and agreement with Sensus USA, Inc., to replace current and future failed registers of Automated Meter Reading (AMR) systems under warranty with Advanced Metering Infrastructure (AMI). 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves proceeding with a negotiated settlement and agreement with Sensus USA, Inc., to replace current and future failed registers of Automated Meter Reading (AMR) systems under warranty with Advanced Metering Infrastructure (AMI), a copy of the project plan is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of , 2012. 334 of 757 CITY OF BOYNTON BEACH Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 335 of 757 CITY OF BOYNTON BEACH, FLORIDA 2011 - 2012 ADOPTED BUDGET O .......... . lid, A.— Yo UW i.n1 Yu Yo Yu .. . ....... .. .... ...... . —"i I J-ff PROAC! SCHIDULI —1- -H —A ..... .. .. I . I ..... ..... Fi T'+.i 21 m „n Tm � ILL! ......... Z Z So OW Yn Yo 90 Su 11 SI) SO T CP-89 336 of 757 PALm BEACH COUNTY Sheryl G. Steckler Inspector General X��� Lori LaVerriere Interim City Manager aceveo ON Boynton Beach 100 E. Boynton Beach Boulevard P. Box 310 cm 14armv Boynton Beach, FL 33425-0310 o"KA - * F6 r - a - . I - - a r- �t&PVJUI -- I ;�Je CAQepeit 11 .1 I 641 el I 1A the single source purchase will be made from the vendor at the discretion of the purchasing agent." The City's Administrative Policy Manual, Chapter 10, further attempts to clarify the City's procurement policies. III IM03 (I F. IW*I:l ILIA RizIA1111,70TAI IMENJIFURom lr4T4-=-*PMtYA*Xfllll)WiliiTzFiMiiT4L "Enhancing Tublic ?rust in Government '1 11"01 1, MINN. 1 M, Igg 111 337 of 757 Page 2 of 2 338 of 757 10. D CITY MANAGER'S REPORT April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -039 - Approve and authorize the Interim City Manager to sign an Agreement with DavenportLawrence for Project Management Services for the Utility Water Meter Technology Migration project. EXPLANATION OF REQUEST: On March 13, 2012, Procurement Services opened and subsequently evaluated three (3) proposals responding to RFP #037 - 1410- 12 /TWH for Project Management Services for Utility Water Meter Technology Migration in order to assist and to advise the City with: Phase 1 — Predeployment Project Management Services Phase 2 — Project Monitoring Services during Migration The three (3) responses were from the following firms listed in proposal evaluation rank order: 1. DavenportLawrence 2. Data ManagementAssociates Consulting Services, LLC 3. Utility Partners of America, LLC The selection was based on the following predetermined criteria that were also noted in the RFP document: 1. Firm qualifications & experience 2. Assigned staff qualifications & experience 3. Engagements with Boynton Beach and with other government agencies 4. Project approach 5. Price proposal DavenportLawrence was selected for recommendation to the Commission by an internal Selection Committee comprised of the following: 339 of 757 • City Finance Director, • Utility Manager of Administration & Finance, and • Supervisor, Utility Meter Services. An Evaluation Summary is attached. As Project Manager, DavenportLawrence will assist the City in Phase 1 with the following ten step approach to manage this project: 1. Project Team Development 2. Communication Strategy Management 3. Vendor (Sensus) Coordination and Oversight 4. Meter Location Mapping and Installation Plan 5. Installation Contractor Scope of Services and Procurement 6. Staff Training: Field and Customer Service 7. Data Integration Testing 8. Performance Measurements and Project Reporting 9. Pre - Installation Pilot 10. Field Inspections Management DavenportLawrence will provide ongoing support in Phase 2 that will include: 1. Performance Measurement Tracking 2. Vendor (Supplier / Installer) Oversight 3. HR Guidance for Internal Transition of Work Processes 4. Budget and Financial Management and Compliance 5. Technology Reliability Oversight and Issue Management 6. Project Closeout The Agreement for Phase 1 and Phase 2 is for an initial period through September 30, 2015 (the projected time schedule for technology migration) with the option to renew at the same terms, conditions and prices for one (1) year periods subject to consultant acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The Agreement will automatically renew for each period unless cancelled by either party in accordance with the Termination clause of the Agreement. A copy of the Agreement is attached. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Project Manager will provide the City with high level professional services in the field of project management. The Project Manager is independent of both the supplier and the installer of the automated meter reading technology. FISCAL IMPACT: Proposed fees for Phase 1 are $24,285 which was the lowest among the three (3) firms proposing. Phase 2 fees will be developed as Phase 1 progresses and will be determined based upon the agreed and approved scope of services using the following hourly rates which are the same as for Phase 1: • $145 — Project Manager • $145 — Project IT Lead • $ 95 — Project Field Inspector • $ 65— Project Administration 340 of 757 Fees for this project are paid from the Utility Capital Improvement Fund. ALTERNATIVES: Do not engage an external Project Manager. However, due to the complexity and unavailable internal time and skills available, staff highly recommends engaging an external Project Manger to manage this multi - million dollar transition project for the City of Boynton Beach Utility. 341 of 757 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DAVENPORT LAWRENCE, INC., FOR PROJECT MANAGEMENT SERVICES FOR THE UTILITY WATER METER TECHNOLOGY MIGRATION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 13, 2012 Procurement Services opened and evaluated three (3) proposals in response to RFP 9037 - 1410- 12 /TWH for Project Management Services for Utility Water Meter Technology Migration in order to assist the City with predeployment project management services and project monitoring services during migration; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Agreement between the City of Boynton Beach and Davenport Lawrence, Inc., for Project Management Services for the Utility Meter Technology Migration project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Interim City Manager to execute the Agreement between the City of Boynton Beach and Davenport Lawrence, Inc., for Project Management Services for the Utility Meter Technology Migration project, a copy of said Agreement is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA 342 of 757 Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M .Prainito, MMC City Clerk (Corporate Seal) 343 of 757 City of Boynton Beach Request for Proposal for Project Management Services for Utility Water Meter Technical Migration CRITERIA EVALUATOR DATA MGMT. ASSOCIATES DAVENPORTLAWRENCE UTILITY PARTNERS (UPA) TOTAL - POINTS Atwood 83 96 50 RANKING 2 1 3 TOTAL - POINTS Conboy 84 94 75 RANKING 2 1 3 TOTAL - POINTS Bryant 74 81 79 RANKING 3 1 2 GRAND TOTAL - POINTS 241 271 204 AVERAGE RANKING 2.3 1.0 2.7 344 of 757 CONSULTANT AGREEMENT FOR "PROJECT MANAGEMENT UTILITY WATER METER TECHNOLOGY MIGRATION" THIS AGREEMENT, entered into this 17th day of April, 2012, between the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter referred to as the "CITY ", and DavenportLawrence hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services in connection with the project designated PROJECT MANAGEMENT UTILITY WATER METER TECHNOLOGY MIGRATION. 2. TERM: The term of this AGREEMENT shall for an initial period through September 30, 2015 (the projected time schedule for technology migration) with the option to renew at the same terms, conditions and fees for one (1) year periods subject to Consultant acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The AGREEMENT will automatically renew for each period unless cancelled by either party in accordance with the Termination clause of this AGREEMENT. 3. SCOPE OF SERVICES. Consultant agrees to perform the services in two (2) phases, including the provision of all labor, materials, equipment and supplies, identified in the Consultant's Proposal dated March 8, 2012, incorporated herein by reference as if attached hereto. Phase 1 Services: 11. Project Team Development 12. Communication Strategy Management 13. Vendor (Sensus) Coordination and Oversight 14. Meter Location Mapping and Installation Plan 15. Installation Contractor Scope of Services and Procurement 16. Staff Training: Field and Customer Service 17. Data Integration Testing 18. Performance Measurements and Project Reporting 19. Pre - Installation Pilot 20. Field Inspections Management Phase 2 Services: (Scope subject to modification) 7. Performance Measurement Tracking 8. Vendor (Supplier / Installer) Oversight 9. HR Guidance for Internal Transition of Work Processes 10. Budget and Financial Management and Compliance 11. Technology Reliability Oversight and Issue Management 12. Project Closeout 4. PAYMENT. The CITY shall pay Consultant in accordance with the following Hourly Fee Schedule plus out -of- pocket expenses in accordance with the City's Travel Policy for Phase 1 and Phase 2: $145 / Hour — Project Manager 345 of 757 $145 / Hour — Project IT Lead $ 95 / Hour — Project Field Inspector $ 65 / Hour — Project Administration Phase 1 total fees fixed at $24,285. Phase 2 total fees to be determined based on the scope and the agreement of both parties. 346 of 757 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this AGREEMENT shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service AGREEMENT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this AGREEMENT. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this AGREEMENT. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this AGREEMENT. Nothing in this AGREEMENT shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this AGREEMENT. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this AGREEMENT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 347 of 757 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this AGREEMENT without the express written consent of the City. 13. NON - WAIVER. Waiver by the City of any provision of this AGREEMENT or any time limitation provided for in this AGREEMENT shall not constitute a waiver of any other provision. 348 of 757 14. TERMINATION. a. The City reserves the right to terminate this AGREEMENT at anytime by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the City. This section shall not be a bar to renegotiations of this AGREEMENT between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this AGREEMENT shall be adjudicated within the courts of Florida. Further, this AGREEMENT shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City Manager's Office City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Notices to Consultant shall be sent to the following address: Managing Director DavenportLawrence 3950 RCA Blvd, Suite 5012, Suite C Palm Beach Gardens, FL 33410 17. INTEGRATED AGREEMENT. This AGREEMENT, together with attachments or addenda, represents the entire and integrated AGREEMENT between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This AGREEMENT may be amended only by written instrument signed by both City and Consultant. 349 of 757 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in multiple copies, each of which shall be considered an original on the following dates: DATED this 17 day of April, 2012. CITY OF BOYNTON BEACH Interim City Manager Attest /Authenticated: Title City Clerk Approved as to Form: DAVENPORTLAWRENCE Consultant (Corporate Seal) Attest /Authenticated: Office of the City Attorney Secretary 350 of 757 RFP FOR PROJECT MANAGEMENT SERVICES FOR UTILITY WATER METER MIGRATION "Offers from the vendors listed herein are the only offers RFP DUE DATE: MARCH 13, 2012 eceived timely as of the above receiving date and time. RFP DUE TIME: 2:30 P.M. Au other offers submitted in response to this solicitation, RFP No.: 037 - 1410- 12 /TWH if any, are hereby rejected as late" FIRMS DATA MANAGEMENT ASSOCIATES DAVENPORT LAWRENCE, INC. UTILITY PARTNERS OF AMERICA, LLC CONSULTING SERVICES, LLC 204 E. Main Street 7600 Pelham Road 1025 W. Indiantown Road, Suite 106 Aberdeen, NC 28315 Greenville, SC 29615 Jupiter, FL 33458 & Hollywood, FL Palm Beach Gardens, FL Tel: (561)278 -0098 Tel: (800) 635 -6349 Tel: (864) 269 -2302 Fax: (561) 278 -1814 Fax: (866) 403 -5251 Fax: (864) 269 -2305 Contact: Anthony C. Soviero Contact: Andy Honeycutt Contact: Todd Stone ORIGINAL AND THREE COPIES YES YES YES SUBMITTED TITLE PAGE YES YES YES SUBMITTED TABLE OF CONTENTS YES YES YES SUBMITTED FIRM QUALIFICATIONS /EXPERIENCE YES YES YES SUBMITTED PRIOR ENGAGEMENTS WITH THE NO PREVIOUS YES NO PREVIOUS CITY OF BOYNTON BEACH ENGAGEMENTS ENGAGEMENTS SIMILAR GOVERNMENTAL EXPERIENCE YES YES YES SUBMITTED SPECIFIC PROJECT APPROACH YES YES YES SUBMITTED PRICE PROPOSAL SUBMITTED: YES YES YES PHASE 1 $60,000.00 $24,285.00 $52,250.00" plus travel expenses PHASE 2 (HOURLY RATES) From $300.00 /hr. to $50.001hr. From $145.00 /hr. to $65.00 /hr. and additional programming, training at $100.00 1hr. See Proposal for Phase 2 PROPOSERS ACKNOWLEDGEMENT YES YES YES SUBMITTED STATEMENT OF PROPOSER'S YES YES YES QUALIFICATIONS SUBMITTED NON COLLUSION AFFIDAVIT OF PRIME YES YES YES PROPOSER SUBMITTED ANTI - KICKBACK AFFIDAVIT YES YES YES SUBMITTED RFP FOR PROJECT MANAGEMENT SERVICES FOR UTILITY METER MIGRATION SHEET 1 351 of 757 RFP FOR PROJECT MANAGEMENT SERVICES FOR UTILITY WATER METER MIGRATION "Offers from the vendors listed herein are the only offers RFP DUE DATE: MARCH 13, 2012 eceived timely as of the above receiving date and time. RFP DUE TIME: 2:30 P.M. Au other offers submitted in response to this solicitation, RFP No.: 037 - 1410- 12 /TWH if any, are hereby rejected as late" FIRMS DATA MANAGEMENT ASSOCIATES DAVENPORT LAWRENCE, INC. UTILITY PARTNERS OF AMERICA, LLC CONSULTING SERVICES, LLC 204 E. Main Street 7600 Pelham Road 1025 W. Indiantown Road, Suite 106 Aberdeen, NC 28315 Greenville, SC 29615 Jupiter, FL 33458 & Hollywood, FL Palm Beach Gardens, FL Tel: (561)278 -0098 Tel: (800) 635 -6349 Tel: (864) 269 -2302 Fax: (561) 278 -1814 Fax: (866) 403 -5251 Fax: (864) 269 -2305 Contact: Anthony C. Soviero Contact: Andy Honeycutt Contact: Todd Stone CONFIRMATION OF MINORITY OWNED YES /NOT A MINORITY YES /NOT A MINORITY YES /NOT A MINORITY BUSINESS SUBMITTED OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG FREE YES YES YES WORKPLACE SUBMITTED ACKNOWLEDGEMENT OF PBC YES YES YES INSPECTOR GENERAL SUBMITTED SCHEDULE OF SUBCONTRACTORS YES NOT SUBMITTED YES SUBMITTED ACKNOWLEDGEMENT OF ADDENDUM 1 YES NOT SUBMITTED YES SUBMITTED COMMENTS `Refer to Proposal. Proposer submitted pricing for hardware, Project Management and Data Management Services. RFP FOR PROJECT MANAGEMENT SERVICES FOR UTILITY METER MIGRATION SHEET 1 352 of 757 4901111111:1 CITY MANAGER'S REPORT April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ® CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R12 -025 - Authorize the Interim City Manager to enter into consulting agreement with RCultures, Inc. in the amount of $21,600 for Police Department professional services study; and 2) authorize expenditure of $21,600 from the State Law Enforcement Trust Fund account which currently shows a balance of $257,403.57. (TABLED ON MARCH 20, 2012) EXPLANATION OF REQUEST: Item tabled on 3/20/12. UPDATE: Per the City Commission's direction at the March 20, 2012 Commission meeting, staff distributed the 2006 Police Department Management Study that was conducted by the Police Executive Research Forum (PERF). A copy is attached. Additionally, Chief Matthew Immler has prepared a memorandum (copy attached) as to the findings of the study and how they relate to our current Police Department operations. Management comments from 2006 are attached as well. MARCH 20, 2012 AGENDA COVER On November 1, 2011, four questions were posed to Chief Immler by Former Mayor Jose Rodriguez. These questions were placed on the agenda for discussion. The 11 -1 -11 agenda item and minutes excerpt is attached. The four questions were related to our hiring and training practices and came as a result of the arrest of four police officers. The questions were as follows: 1) What actions do we need to take immediately with the current force to reinforce expected behavior and minimize future issues? 2) Do we need to evaluate our hiring standards and requirements? 353 of 757 3) Do we need to evaluate our training programs and testing (both new and ongoing)? 4) Do we need to evaluate our oversight standards (supervisory, management structure)? Chief Immler provided comprehensive responses to each of these questions. As a result of the discussion, the Commission directed the Interim City Manager to seek proposals for a review of these operations within the Police Department. BACKGROUND: In 2001 the Police Department embarked on the commitment to become an accredited agency. The accreditation process ensures compliance with over 250 "industry standard" practices. Many of these standards are directly related to the scope of the questions that were posed last November. Relevant standards are contained within the following chapters: • 1, Organization; • 2, Authority; • 3, Written Directive System; • 8, Classification and Delineation of Duties; • 11, Conduct & Disciplinary Process; • 12, Recruitment; • 13, Selection; • 14, Training; • 15, Promotion; • 16, Performance Evaluations; • 27, Internal Affairs Each chapter contains a multitude of standards. For example, among other standards, chapter one ensures accredited agencies have a policy that each member be accountable to only one supervisor at any given time (CFA, 1.02). Chapter 2 requires adoption and adherence to a cannon of ethics (CFA, 2.02), a mandate that employees comply with their supervisor's lawful orders (CFA, 2.05). Additionally, it requires the development of a process by which to train personnel, analyze activity, partner and inform the community, and complete an annual report of biased -based profiling complaints (CFA 2.08). The entire CFA standards manual is available for inspection upon request. Attached is a copy of the September 2010 Full - Compliance Final Assessment Report. Participation in the State's accreditation program requires frequent and timely "proofs of compliance," as well as a minimum of two independent multi -day inspections every three years by trained accreditation assessors. One of these inspections even includes an observational component where assessors ride with officers or show up on the scene of events to inspect compliance with standards. Additionally, the department employs one full -time accreditation manager, Det. Gabe Albala, who works throughout the agency to promote standards, clarify and revise policies, conduct random inspections, and document and measure agency performance relative to these standards. Accreditation is an active commitment on the part of the police department's administration to ensure that operational standards either comport with or exceed the professional expectations of the accrediting body. These standards are routinely evaluated during formal hearings. The Boynton Beach Police Department has been continually reaccredited for over a decade - most recently in September 2010 - and assessor reviews have been unanimously favorable. The department 354 of 757 remains committed to providing the most professional law enforcement service possible. Successful participation in the State's accreditation program is just one example of this commitment. In 2005, the BBPD participated in a comprehensive evaluation conducted by the Police Executive Research Forum (PERF). The results of this independent evaluation suggested that agency practices were in -line with nationally accepted operational norms. This study relied heavily on topics such as personnel allocation ratios, workload distribution ... etc. While the study was comprehensive, the department's organizational culture was not emphasized as much as we would recommend for this upcoming study. The only substantive change that came from this study was the employment of a COMPSTAT model of strategic deployment. The principle behind such a strategy is to use quantitative assessment in scheduling decisions. We also adopted a more fluid system of personnel deployment in the field and abandoned the traditional "fixed post" strategy (where officers were assigned evenly throughout the city without rhyme or reason). RECOMMENDATION: A staff committee comprised of the Interim City Manager, the Human Resources Director, the Police Chief and Lt. Jeff Katz, of the BBPD Professional Standards Division was assembled. Four proposals were sought. Each proposal is attached. Summary: 1) Marianne M. Jennings, W.P. Carey School of Business Arizona State University — Evaluation of Ethical Culture And Ethics Training — One on -site visit = $5,000 and each '/z day training thereafter @ $4,500 each plus travel $9,500+ 2) Palm Beach State College — Center for Applied Ethics "Ethical Excellence - Building a Reputation for Integrity" $ 9,600 3) RCultures, Inc. — Mr. Rick Caldwell, President - Organizational Cultural Assessment $21,600 4) ICMA — Proposal for Comprehensive Analysis of Police Services — $46,000 + travel of $4,000 $50,000 Based on the direction provided by the Commission, staff is recommending contracting with RCultures, Inc. for an organizational cultural assessment. This scope, coupled with the recent re- accreditation review, provides a strong assessment of the departmental operations. Mr. Caldwell has provided hundreds of hours worth of cultural competency training with the department over the years. While he doesn't share a personal relationship with members of the department, he has managed to develop a strong rapport and trust with the organization in general. This type of rapport is essential in conducting an in -depth cultural assessment because participants need to have some sense of psychological safety to express their views candidly. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Any opportunity to assess and review departmental practices and procedures would serve as a benefit to the department and to the overall operations of the city government. 355 of 757 FISCAL IMPACT: These funds would be taken from the State Law Enforcement Trust Fund account which currently shows a balance of $257,403.57. Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the Chief of Police to the governing body of the municipality. This expenditure meets the requirements of the statute in that the law enforcement purpose is clear and this type of expenditure has not appeared in our budget at any point. Authorize expenditure of forfeiture funds from account # 691 - 5000 - 590 -04 -25 in the amount of $21,600. ALTERNATIVES: 1) Select a different proposal 2) Modify recommendation /scope of work 3) Seek further proposals 4) Do not contract for study 356 of 757 POLICE EXECU°TTVE RESEARCH FORUM Management Study of the Boynton Beach Police Department July 2006 Final Report The Police Executive Research Forum 1120 Connecticut Ave., NW, Suite 930 Washington DC 20036 202 - 466 -7820 357 of 757 Management Study of the Boynton Beach Police Department Table of Contents Introduction ....................................................................... ..............................3 Leadership, Management and Supervision .................................... ..............................4 Mission. Values and Code of Ethics .......................................... ..............................1 1 WrittenDirectives ................................................................ .............................15 Organizational Structure ........................................................ .............................24 Community Perceptions ........................................................ .............................28 PatrolStaffing .................................................................... .............................35 Other Organizational Components ............................................ .............................58 BudgetServices ......................................................... .............................58 Professional Standards ............................................... .............................60 Internal Affairs Unit ................................................. ..............................6 1 TrainingUnit ........................................................... .............................70 CodeCompliance ..................................................... .............................82 Uniform Scrvices ................................................................ .............................85 Administrative Lieutenant ........................................... .............................85 Special Services ........................................................ ............................8.5 MarineUnit ............................................................. .............................86 CanineUnit ............................................................. .............................87 Community Services .................................................. .............................89 Community Action Team ............................................. .............................89 Community Education ................................................ .............................93 TrafficUnit ............................................................. .............................96 SWAT ............................................. ............................... ............................103 SupportServices ................................. ............................... ............................106 Investigations ........................................................ ..............................1 07 ViceUnit ............................................................. ..............................1 22 CrimeAnalysis ......................... ............................... ............................125 CrimeScene Unit ................................................... ..............................1 27 Property & Evidence Section ......... ............................... ............................1 28 RecordsUnit ............................ ............................... ............................134 StaffingSummary ............................................................. ..............................1 40 The Police Executive Research Forum 2 358 of 757 Management Study of the Boynton Beach Police Department Introduction The Police Executive Research Forum (PERF) was contracted by the City of Boynton Beach, Florida to conduct a Management Study of its police department. The site work for the study began in February, 2006 and this draft report was submitted in May. The study entailed the collection and review of considerable data, the interview of a great many stakeholders from within and outside the police department. The PERF study team met with sworn and civilian members of the department, at every level, to understand the department's organization, staffing, scheduling, policies, management style, policing style, how work was performed, and much more. The team also met with city officials, and representatives from the various residential, business and other communities in Boynton Beach. What came through, clearly, is that everyone was open, honest, and very interested in doing their part to make policing in Boynton Beach the very best it can be. Every person interviewed made a valuable contribution and the PERF team wishes to thank them for taking part in this effort. The following report addresses issues surrounding the police department's leadership, management, and supervision, its policies and written directives, how the department is organized and staffed, how well it interacts with the public, and it includes a unit by unit review of the various department and its and functions. The Police Executive Research Forum 359 of 757 Management Study of the Boynton Beach Police Department Leadership, Management and Supervision Perceptions in order to prepare this report the PERF team conducted a great many interviews of both sworn and civilian members and participated in ride - alongs with patrol officers. From those interviewed we gathered much information about how work groups performed, what the problems are that members face every day, and so forth. The team also took the opportunity to ask these members of the department about their perceptions regarding the day -to -day operation of the department, seeking their perceptions as to supervision and management, their views about community relations, community policing and problem solving approaches used by the department, what was working well —and what was not, and much more. Almost without exception, members of the department —at every level — explained that morale had been so low and individual officer's feelings about their own future with the department were so deflated, that with the appointment of Chief Immler came a new attitude and very high level of morale. Some interviews were difficult to manage because officers felt there were no longer any problems or that all the issues they thought were important, had been, or were in the process of being, addressed. A few officers recognized that not every problem had vanished, and that there was still work to be done. But they were clearly more hopeful than before that things were moving in the right direction. Many expressed that supervisors had, in the past, been wary about taking any actions that could end up causing them trouble and initiative was not rewarded. Over time, this led to an overall lack of direction, and dysfunctional supervision. Much of that is now in the past. Officers say their supervisors are now empowered to make decisions and make things happen. Supervisory Expectations The chief and his top command are in agreement that they want patrol lieutenants and sergeants to take a greater role in making the decisions as to the daily deployment of zone officers. They feel the lieutenants and sergeants should be aware of the problem areas and recent crime patterns to the extent that they can apply resources directly to the problem. These resources can be patrol The Police Executive Research Forum 360 of 757 Management Study of the Boynton Beach Police Department officers (in excess of minimums needed to staff the zones), CAT, K -9, or even Code Compliance when needed. Though some officers and supervisors reported that the department has been moving toward a greater emphasis on community policing, they perceive that the calls for service workload — especially in the evening —is very demanding and that officers run from call to call most nights. The accuracy of this perception is explored later in the review of patrol workload. They indicated that when time permits, they are encouraged by their supervisors to do more than just handle the call when there is a problem to resolve, but few examples were readily available. It was remarked that with computers in patrol vehicles, officers have the ability to access crime prevention information with relative ease. A review of the crime analysis reports provided by the department finds that a great deal of data is compiled in tables, year -to -date comparisons, crime lists, crime detail accounts, and crime mapping documents. At several levels. it was noted that the flow of information is more informal than formal. Officers felt they were well informed about the issues that impact them, but many workgroups report taking part in few formal meetings to discuss work issues and potential solutions. In some instances, it was offered that tight work -space made daily interaction enough, that there was nothing to discuss at a meeting. However, over- the -desk interaction is not a substitute for formal discussion of agenda items formulated by supervisors to address unit concerns. Supervision on the street was noted as the PERF team conducted ride -alongs with patrol officers. Sergeants were observed responding to calls where they anticipated problems or the need for supervisory guidance. Many of the officers, FTO's and sergeants interviewed made reference to the fact that the department is young with many less experienced officers. Attrition and growth have had their impact on the overall age of patrol officers. As such, sergeants are not overly involved in their officers' calls, but there is a subtle recognition that they need to be available. However, it was noticed —and somewhat supported by the CAD data assessed by PERF —that officers are free, and sometimes encouraged, to respond to calls on their own initiative. The The Police Executive Research Forum 361 of 757 Management Study of the Boynton Beach Police Department upside to this is that officers were observed to be very mindful of the need to cover, or back each other up. However, the team regularly observed multiple back -up officers at the scene of routine traffic stops. In other instances we noticed that when two officers were dispatched, several more arrived on the scene. Officers and sergeants, when asked, supported the need for more officers at most scenes, even when not dispatched. They cite officer safety concerns and the need for extra officers when there are crowds to control and scenes to protect. However, these decisions should be considered in dispatch protocols and the assessment of first cars and supervisors on the scene rather than individual officers working other zones. The primary downside to this practice is that no one is overseeing the ready availability of officers in other areas of the city. Union Relationships The Palm Beach County Police Benevolent Association (PBA) represents all sworn members of the department except the chief and the two majors in labor negotiations and contractual matters. There are three contracts (officers, supervisors, and command officers) with the same organization. Index Code 708 (Grievances), and the current collective bargaining agreement govern the department's grievance process. Historically, labor relations have been uneven. With the passage of the most recent labor contract and the appointment of the current chief of police, relations have dramatically improved. The PBA representative reports that the present chief is accessible, very knowledgeable of the law and the existing contract, and is always professional in his dealings with the PDA and its members. Unlike in the past, issues are now dealt with up -front and in the open. The PBA reported that no major issues are pending and that none are expected. The primary concern of the PBA, at this time, is the lack of adequate workspace and the city's priorities. Civilian employees are represented by the National Conference of Firemen and Oilers, SEIU, AFLCIO Local 1227. This union does not have a representative within the police department. Police employees are represented by the same representative who handles the city. Civilian supervisory personnel are not represented. It was reported that supervisory representation has The Police Executive Research Forum 362 of 757 Management Study of the Boynton Beach Police Department yet to be resolved. As with the PBA, this union also reports having an exemplary relationship with Chief Iminler and expects that it will stay that way. Rank Structure The department's rank structure has been flattened to include only those levels necessary to supervise employees and manage the organization. There is no excessive rank in this department - neither in levels, nor in numbers. Under the chief of police there are two majors who manage the two largest organizational components. The former position of Assistant Chief has been eliminated and there are no captains. Under the majors are the department's seven lieutenants. They serve as unit heads throughout the department. Responsible to the lieutenants, are 21 sergeants who provide first -line supervision over the remaining staff of officers and civilian employees. There are also three detectives, a rank being phased out, as the more recent position of investigator is interchangeable with police officer. Five of the lieutenants are assigned to Uniform Services, four as patrol Platoon Commanders, one as the Administrative Lieutenant who oversees Community Services and Special Services. The remaining lieutenants are in Professional Standards to manage Internal Affairs, Staff Inspections, Training, and in Investigations over three investigative teams. Span of Control In patrol, each lieutenant supervises three sergeants. Each of the sergeants supervises six to seven officers. This is well within professionally accepted standards and allows for a relatively high level of supervision. The administrative lieutenant supervises two sergeants. The Professional Standards lieutenant oversees three sergeants, as does the Investigations lieutenant. The span of control for sergeants outside of patrol is more variable, but not inappropriate in any instance. In Staff Inspections, the sergeant does not have a typical supervisory role, but rather is in a position that— because of the nature of the work — should be of a supervisory level. The traffic sergeant, because of his oversight of both traffic officer and CSOs, has a span of control of 16 which is more than preferred and may eventually require an officer to supervise the CSO program. The Police Executive Research Forum 363 of 757 Management Study of the Boynton Beach Police Department Unity of Command Unity of command refers to the premise that no employee should be required to work for two supervisors so as to avoid being given conflicting direction or work expectations. In police work, because of shift schedules, inconsistency in days off, call- backs, and geographic responsibility, it is not uncommon for officers to work for different sergeants at different. times. The greater issue is that they should not have more than one designated supervisor for evaluation purposes. There are currently two situations where technical violations of unity of command are noticed. K -9 officers are assigned to work for patrol supervisors on a day -to -day basis. They take their direction from the patrol sergeants and they are evaluated by them, but they answer to Special Services for administrative purposes (all the issues that are not relative to patrol shift work). This is fully appropriate, effective and —from all accounts— working well. Another such situation exists with regard to the Public Information Officer (PIO). The PIO answers to the Professional Standards lieutenant, who works directly for the chief of police. Yet in matters of public information, the PTO works directly for the Chief. Ideally, if the PTO were only the PTO, it would be recommended that he be reassigned to work directly for the Chief to permit direct access without the risk of information filtering. But, in this instance the PIO has other roles that are suitable for supervision by the Professional Standards lieutenant. As such, there is no problem or recommendation regarding this working relationship. Show -up Rate Though not a direct component of supervision, when conducting any staffing assessment it is important to identify the actual officer availability calculation, or "show up rate" for the members of the department. That is, officers are typically expected to work 2080 hours a year. However, from those 2080 hours, there are losses to vacation, sick leave, holidays, jury duty (and other such leave categories), training days, etc. Ideally, the department tracks these losses and can provide the number of hours its officers are "actually available" to work assigned shifts. Some departments track this data closely and are able to provide pinpoint accuracy in accounting the hours lost. The Boynton Beach Police Department was not able to provide "actual officer availability" data. In the absence of these actual calculations, PERF relies on its experience with The Police Executive Research Forum 364 of 757 Management Study of the Boynton Beach Police Department other departments in which these calculations have been available. Typical "Actual Officer Availability" is about 1,550 hours a year. In younger departments, where less senior officers earn less leave, the number of available hours can increase to 1580. This equates to a "show -up" rate of 76 percent —which is the rate used for staffing determinations in this assessment. Temporal versus Geographic Responsibility At present, the day -to -day management of patrol rests with two lieutenants, one each on Alpha and Bravo shifts. This provides temporal management. The lieutenants are responsible for what takes place during their time on duty. However, four lieutenants working 11 '/z -hour shifts, cannot cover every day of the year. This, then, adds a number of sergeants to those who are responsible for the patrol management of the city. The result is that one business owner or resident might find that six or more officials share the management of policing his location. If he has a recurring problem, there is no single manager accountable for the collective actions or performance of the police except for the Uniform Services Major or the chief of police. Many departments have found the level of accountability for the patrol function is much more enhanced when managers (lieutenants in this instance) are accountable —at all times —for a designated geographic area rather than for all geography but only when working. This allows the patrol manager (the Uniform Services Major, in Boynton Beach) to demand specific accountability for the conditions, problems, and solutions, for each geographic segment of the city. It then becomes the responsibility of the lieutenants to work with the crime analyst to develop a clear picture of the crime conditions in his/her area, and to develop a solution strategy that best utilizes his/her patrol resources, and other departmental resources that may be brought to bear on the problem (CAT, CSOs, Code Compliance, Investigations). Strategic Planning Noticeably missing is a strategic plan for the department. The chief of police engages in a form of short -range (annual) planning as part of the budget process, but there is no formal process to establish the department's goals and objectives. Most management experts have agreed in recent years that long -range (10 year) planning is no longer effective because fast moving change The Police Executive Research Forum 365 of 757 Management Study of the Boynton Beach Police Department renders them useless. But 3 to 5 year plans are still necessary to address anticipated needs and predictions. The department's management team should be continually projecting growth, crime trends, new areas of concern, community expectations, and more to anticipate how it should prepare to meet those expectations. An annual strategic planning process should involve identifying anticipated needs and developing an action plan to meet those needs. The Police Executive Research Forum 10 366 of 757 Management Study of the Boynton Beach Police Department Mission, Values, and Code of Ethics The department has a mission statement that reads, as follows: All members of the Boynton Beach Police Department shall work in concert to provide effective, efficient and impartial police services to our community. Our personnel will remain mindful of the public trust associated with their position and will selflessly execute their duties for the betterment of our community. We will maintain an open, honest, and respectful dialogue with our community and with each other in order to cultivate the successful partnership needed to address both law enforcement and quality of life issues. The mission statement is respectful and to the point. After the mission statement the department identifies four "Values" to which it subscribes: • Diversity, • Integrity, • Creativity, and • Stewardship. Values are important beliefs that guide the organization and the behavior of its employees. Once identified and established, these values should penneate every action taken by members of the department. Some departments understand that values are a management tool to aid members as they make decisions, exercise discretion, and contribute to the overall performance of the organization. In Boynton Beach, the Chief went beyond the expression of values, by putting forth a Code of Ethics as a department directive. It spells out that as a law enforcement officer, members have a duty to safeguard lives and property, and protect the innocent against violence or disorder. It calls for members to serve as an example in honesty, self - restraint, and to obey laws and the regulations of the department. It expects officers to "enforce the law courteously without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities." The Police Executive Research Forum 11 367 of 757 Management Study of the Boynton Beach Police Department Then there is a component of the directive that instincts members in the application of the code of conduct. The directive reminds officers they will be scrutinized, and that the principles of the Code of Ethics are to guide and direct their actions. The directive spells out that training (lesson plans) is to include an ethical component, and that supervisors throughout the department are "charged with an obligation to insure that whenever possible, members under their commander engage in practices that are consistent with those ethical standards covered during departmental training." This is clearly an exemplary practice in law enforcement. Recommendations: 1. The Chief's desire to empower lieutenants and sergeants to make daily deployment decisions in response to specific crime or community problems is a good one and deserves follow -up. But empowerment to get things done should reach down to the level of patrol officers. When practical and appropriate, they should be encouraged to seek out the root causes of problems that resulted in the police being called, and to identify community problems (quality of life issues) that they can impact as they perform their duties. Unquestionably, there will be times when call load demands are all consuming; but time spent engaging the public, and identifying and solving problems will eventually help to decrease calls for service workload. 2. Unit supervisors and managers should make a concerted effort to regularly meet with subordinates to discuss issues of importance to the members, departmental information and workload issues. Sometimes managers assume their subordinates are fully informed about workgroup issues and departmental matters. When they are not, rumors take hold. This is not reported to be the case in the department at this time, but it once was. Several workgroups reported to PERF that regular information sharing meetings were not routine. This recommendation is intended to remind supervisors and manager that maintaining an open flow of coimnunications is important. The Police Executive Research Forum 12 368 of 757 Management Study of the Boynton Beach Police Department 3. Patrol sergeants should ensure that officers are not self- dispatching themselves to calls out of their area. Officers need to back each other up on calls and traffic stops, but dispatchers should be making those decisions based on a dispatch protocol. Sergeants should monitor calls and can override the protocol when there is a compelling reason, but officers should not be making decisions to go to calls to which they were not dispatched. Officers engaging in high priority responses on their own volition can result in undue liability and also unnecessarily leave large areas of the city without police coverage. In addition, a large number of police cars at a scene may draw spectators who want to see what is going on who may interfere with expeditious handling of the event. 4. The department should track the availability of its members for actual duty (the "show- up" rate). The data is most often available from payroll records, time sheets, etc. In some assignments, workload is calculated based on the number of hours needed to address the work, in others the issue is the number of hours of coverage that is needed. In either case, the actual officer availability /show -up rate is an essential factor in determining the number of officers needed in the unit or function. 5. The Chief should move toward the adoption of a geographically based accountability model. By establishing sectors of the city that are, each, the full-time responsibility of a patrol lieutenant, there is a greater acceptance of accountability and enhanced responsiveness to the public. 6. The current relationship between the chief of police and the two unions that represent sworn and civilian employees is on sound footing. The high level of trust that exists is a valuable asset and every effort should be made to keep it high. The department may find it useful, as some others have, to include in -house union officials in general management meetings to keep open the flow of communications. 7. The department's linkage of values and ethics to the actions of its officers and the requirement to provide training that incorporates ethical implications is an outstanding practice. Some police departments construct their entire code of discipline so that every The Police Executive Research Forum 13 369 of 757 Management Study of the Boynton Beach Police Department charge of misconduct relates to a department value that the infraction violated. As the department revises its written directives (hidex Codes), this could be considered. 8. The department should create a strategic plan to prepare itself for the future. Each manager should be responsible for a component of the overall plan, with specific goals and incremental objectives. At regular planning sessions those managers should then be required to report on objectives met, failures or roadblocks, and goal modification that may be necessary to keep the plan on track with changes that may have taken place. The Police Executive Research Forum 14 370 of 757 Management Study of the Boynton Beach Police Department Written Directives Whether called General Orders, Policies and Procedures, Rules and Directives, or Index Codes, these written directives are established by police departments to guide and direct their members in the various tasks they must undertake as they perform their duties. Some written directives address expectations —such as code of conduct —while others are more specific about steps and considerations that cannot be overlooked when performing a certain operation or administrative function. Some are unique to the department for which they were developed, while others address issues common throughout policing. The most critical are those that are most often the subject of litigation, liability and critical media and public attention. PERF conducted a review of the critical written directives of the Boynton Beach Police Department. The Index Codes, or written directives, of the department tend to follow a simple format for style and consistency. The directives for internal formal policies are found in Index Code 205, 205.1 and 205.2. The statements of purpose were found to be clear, direct and consistent with similar practices in other law enforcement agencies. The "definitions" components of most policies were relatively simplistic and do not address many of the unique elements found in the best policies. Within each policy, the Boynton Beach Police Department has noted which specific procedures of the Commission for Florida Law Enforcement Accreditation (CFLEA) apply to the identified issues. However, some Boynton Beach policies are somewhat dated and are still under the signature of a former police chief. For example, " Police Discretion & Alternatives To Arrest Index Code: 105.2 is dated August of 1999. Understandably, the current chief of police has not been in his position long, and recreating policies for his signature is by no means a priority. But, most law enforcement agencies require each policy to be reviewed no less than every two years, and CFLEA, under standard 3.01(c) requires that the agency have "a system for keeping the directives current." It may well be that policies dated 1999, and even longer ago, are still valid and current, but they should demonstrate that they have been reviewed and updated, as needed, on a regular basis. The Police Executive Research Forum 15 371 of 757 Management Study of the Boynton Beach Police Department As a minor issue, the "Table of Contents" does not include page numbers, nor do the available documents have a reference index. The policy manual should offer an easy method of finding relevant documents, especially for new employees who are responsible for learning and understanding all department policies. (It was also noted that SOP 01 -02 "Patrol Operations" was not included in the PDF document PERF was given to review.) Recommendation: 1. While the headings for each policy are similar, they should incorporate the title for the unit /supervisor that is responsible for policy updates and identify a specific date for periodic (semi- annual, annual or biannual) review and revisions. The department should also develop a comprehensive index which provides a detailed listing of related policies for separate issues. For example, an item like "Firearms' could refer to Index Code 401, 402, 402.2, 403, as well as "Canine Operations." Use Of Force In General The first criterion in striking the optimum balance between the appropriate use of force, necessary restraint, and applying effective decision making skills in any department is the adoption of sound and effective policies. Policy development is the written expression of the philosophy of any organization. It is fundamentally necessary for departments to enact strong policies, thoroughly conveying organizational expectations, scope of authority and defining reasonable actions. The Boynton Beach Police Department's "Use of Force" policies were generally found in Section 401 through 404. Other related use of force policies include Section 1630 "Canine Operations, " Section 1650 "Vehicle Pursuit, " and Section 2005 "Arrest Procedures. " PERF also reviewed Training Bulletin Vol 1, #4 "...which supplements but not supersedes Index Code 401 on the use of deadly force." The use of force policies met the basic standards for policies found at other well - managed law enforcement agencies. The "use of force" policy (Index Code 401) utilized the standard outline but did not have a definition section. Incorporating a definition section would allow the The Police Executive Research Forum 16 372 of 757 Management Study of the Boynton Beach Police Department department to define key terms and clearly express the intended meaning of these important terms. The common definitions found in most department policies would have included other key areas. For example, the following definitions would incorporate key department values: Deadly Force: Force which is likely to cause death, serious bodily injury, or permanent disfigurement. Imminent Threat: Perception of danger of bodily harm to oneself or others from any action or outcome that may occur during an encounter, absent any action /intervention by a law enforcement officer. Objectively Reasonable: Officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the offense, the level of threat or resistance presented by the subject, and the danger to the community. Training Bulletin Vol. 1, #4 has additional details and definitions on the application of force, prohibitions for equipment and procedures and an elaboration of the Force Continuum. While the training bulletin does provide additional officer response details, it did not address post- incident reporting or assessment. The watch commander /patrol supervisor paragraphs (Index Code 401, Section IX "Department Response ") include a listing of internal and external notification that should be made when deadly force is used during an incident. It addresses the long -term administrative review, assessment and potential revision practices that would normally follow such an incident. The "Force Reporting" (Index Code 401, Section VIII "Reporting Use of Force ") succinctly covered the initial response and initigation phase of a use of force incident. The actual use of force report form (Index Code 401, Appendix A) was very basic and may not provide a sufficient amount of detail to assess officer reactions, supervisor response and incident outcomes. The form identifies four specific components that are required to be in the Offense Report. There may be additional elements which may be necessary and are expected to be found in every incident report regarding a use of force. The Police Executive Research Forum 17 373 of 757 Management Study of the Boynton Beach Police Department An additional policy, which is normally considered an adjunct use of force policy, is the canine policy (Index Code 1630, "Canine Operations "). This department's canine policy, while succinct and somewhat basic, does cover the general use of force standards. However, the issues related to dog bites are limited to a supervisory requirement to ensure an incident report and a use of force report form are completed. The canine policy does not address long -term review of dog behavior in regard to apprehensions. The training section of the canine policy (Index Code 1630, Section VI "Training ") specifies the number of training hours required for canine teams (four hours weekly) but does not outline the standards to be achieved in training by the dog nor the competencies required for the handler. The policy should also outline the appropriate procedures if a canine team is not meeting required standards, similar to the fireanns qualification procedures. Recommendation: 2. Since there are multiple policies and training bulletins that address use of force issues, a new officer and/or a new supervisor within the agency will have to be a careful reader for both the philosophical and practical components of the department's use of force practices. A single, comprehensive document is needed that will identify the individual critical components of the department's policies. Use Of Firearms Several directives (Index Code 401, 402, 402.2, 403, and 1630 "Canine Operations ") address firearms issues. We also reviewed Training Bulletin Vol 7, #3, which "establishes a standard ... for the proper storage of agency authorized firearms." Within the authorized weapon policy (Index Code 402 and 402.2), officer training, qualifications and utilization of other weapons are described. "Less Lethal" weapons are identified as well as the basic training, qualification and re- certification practices. The Police Executive Research Forum 18 374 of 757 Management Study of the Boynton Beach Police Department The policy identifies the requirements for inspection, review or qualification and as well as temporal requirements that are specified. The most effective practices found to exist in other agencies specify that weapons inspections, training events and qualification tests should be conducted at no less than an annual basis and more frequently for critical skills and knowledge requirements. This department's policy requires that officers receive in- service training on use of force policies at least annually but does not specify how officers will demonstrate personal knowledge of the primary elements of the use of force policy. Index Code 401, Section VI has very broad requirements for providing medical aid for anyone as a result of any use of force. Additional details on providing first response medical aid for use of force injuries should be identified. For example, eye flushing assistance for persons exposed to pepper spray is considered to be an effective practice. Recommendation: 3. PERF's review did not find a general policy outlining the SWAT team practices and procedures. There are references to SWAT member selection and deployment. The Barricade and Hostage policy (Index Code 2308) provides some details on initiating and de- activation of a team call-out. Policies found at other similarly situated teams would also outline the command decision - making authority on the rules of engagement and use of lethal force to either contain or terminate the active shooter. Pursuit Driving The policy for pursuit driving is found in Index Code 1650. The policy gives general tactical information normally found in the policies of similar police departments. The public safety considerations of pursuit termination, tire deflation devices and limitations for roadblocks and ramming are clearly identified. The Police Executive Research Forum 19 375 of 757 Management Study of the Boynton Beach Police Department Recommendation: 4. Some of the general elements that should be expanded in this policy would include a description of Emergency Vehicle Operations Competency training requirements for officers as well as personal demonstrations of the officer's knowledge of pursuit policy components. Internal Affairs Procedures The internal complaint investigative process is found within hndex Code 300. The internal affairs policy meets the basic standards for policies found at other well- managed law enforcement agencies. More specifics about current investigative procedures are discussed in the Professional Standards section of this report. Recommendation: 5. The policy requires specific handling and monitoring of Internal Affairs activities but does not designate a specific position or location for internal investigative files. Additionally, there are no specific time lapse requirements outlined in the policy. As addressed in the Professional Standards section of this report, best professional practices specify a time period in which initial investigation must either be completed or a status report be completed and approved by the chief. The time limits would also apply to keeping the primary complainant notified about the current status of the investigation at periodic intervals. Property And Evidence Control Index Codes 1201 to 1204 cover Evidence and Property issues. We also reviewed Training Bulletin Vol. 7, #6, "comprehensive guideline ... when entering evidence..." The policies addressing evidence were found to be very detailed and they cover all of the critical issues related to this law enforcement component. Required practices for handling drugs, The Police Executive Research Forum 20 376 of 757 Management Study of the Boynton Beach Police Department currency, jewelry, firearms and other critical property were clearly outlined. Procedures for disposing of evidence and property were similarly clear and sufficiently detailed. Compliance with EEO, Affirmative Action and Sexual Harassment Laws Boynton Beach Police Department's Index Code 713 discusses the issues of "Discrimination and Sexual Harassment." Under section VI, "Complaint Processing," there is a clear specificity as to who will be conducting the investigation. However, there is no information about the potential timetable or time limits required for completion of an investigation other than to "promptly investigate." The other critical factors not included in this policy are: the lack of discussion of employee training in this critical area; the responsibilities of first line supervisors to be monitoring employee behavior; or any training for supervisors in the intervention or investigation of inappropriate conduct. Recommendation: 6. Index Code 713 should be strengthened to specify a time frame in which investigations must be completed, responsibilities of first -line supervisors, and training considerations. Performance Evaluations The performance evaluation process is explained in departmental Index code 700, dated 2001. A group of six evaluation forms were developed for this purpose. They are for: Police Officer; Detective; Supervisor; Command Officer; Community Service Officer; and General (civilian) Employee. Each form lists 12 to 16 dimensions to be rated. Each includes Appearance and Attendance, and other dimensions that are particularly suited to the class of work to which they apply. Training is to be provided to all raters before they undertake any evaluation. For each dimension, there are a series of anchors that describe behaviors or levels of performance that are demonstrative of above standard, standard, and below standard The Police Executive Research Forum 21 377 of 757 Management Study of the Boynton Beach Police Department performance. This guides evaluators in determining the correct numerical score for the type of behavior or level of performance they observe in the subordinate being rated. Ratings are to be completed only by immediate supervisors and consultation is required if more than one supervisor was involved during the rating period. The system calls for an evaluation meeting at the start of the rating period and encourages supervisors to discuss with employees their performance and professional development throughout the period, but the only required mid - period meetings are when sub- standard performance is noted. A meeting is mandated at the time of evaluation presentation. At that time, the rated employee is to be guided in what he /she can do to elevate performance. Employees who disagree can attach their rebuttal. Evaluations are reviewed by the evaluator's supervisor, who can approve or attach his /her own connnents. If the employee disagreed with the evaluation, the reviewer is to conduct an interview and attach a report for the chief of police. In the alternative, the employee can also request to meet with the appropriate Division Commander who then also prepares a report for the Chief, who exercises final review authority. Recommendations: 7. All in all, the process is a good one. The premises are sound and the review process is fair. However, the use of pre - established dimensions provides too little opportunity to evaluate the actual outcome of the work performed by the member. Many would agree that is more important to rate the value of the members actions that was actually brought to the community than to rate the employees knowledge, skills and abilities without regard to outcomes. That said, it is recognized that astute raters can —and often do —take outcomes into consideration, but there is no requirement to do so. Some departments have also found it makes sense to link performance evaluations to the department's mission and values, making every rated dimension an output of the very most important reasons the department exists. The Police Executive Research Forum ZZ 378 of 757 Management Study of the Boynton Beach Police Department 8. The requirement to meet with subordinates at the onset of the rating period allows for the supervisor to discuss expectations and a methodology for the employee to be successful. However, it strengthens the process when the plan — whether through hard work or professional development —is documented and made part of a "contract" that the employee agrees to undertake. Then at the half -way point of the evaluation period the supervisor should be required to document a forinal meeting with the employee, at which progress, failures, roadblocks, and possible modification to the contract are discussed. The department should consider strengthening the evaluation process in this way. The Police Executive Research Forum 23 379 of 757 Management Study of the Boynton Beach Police Department Organizational Structure The Current Organization When PERF began this project, the actual structure of the organization had changed and was not as depicted in the chart provided. The most noticeable difference was the elimination of the Assistant Chief and his former command. Chief Immler reorganized the department into two major components, each headed by a major who answers directly to him. The Chief then retained a number of functions that would be directly responsible to him. The following chart depicts the organization as reorganized by the Chief in the early part of 2006. The dotted- dashed line from the Alpha and Bravo Shifts to the K -9 Unit depict that K -9 officers work for the patrol sergeants, but are administratively assigned to Special Services. This was discussed under the Unity of Command Section of this report. The Police Executive Research Forum 24 380 of 757 Management Study of the Boynton Beach Police Department The Current Organization Chief of Police Uniform Support Services Services Alpha Shift -, - — Investigations Gen Assign E Bravo Shift - — Investigations Gen Assign W Special Admin Lt. t Victims —10 Traffic Crime Analyst VIN Unit Community Records/ Action Team Evidence Community -- Police Athletic League Services Marine Unit K -9 Unit Chief's Administrative Staff Budget Services i Code Compliance Technical Services Professional I Standards I I Internal Affairs I Staff Insp/ PIO Training Recruitment The Police Executive Research Forum 25 381 of 757 Management Study of the Boynton Beach Police Department The Proposed Organization The PERF team found the organization, as presented by the Chief to be essentially sound. The size of the department does not demand the added layer of Assistant Chief. Though the number of functions that are directly responsible to the chief of police is larger than typically found, it is a reasonable assortment of functions that a chief might wish to supervise, personally. The Budget Services function and Professional Standards are best managed directly by the Chief. The department's budget officer and the manager of internal investigations should not be subject to potential interference by an intervening layer of management. Similarly, the PIO should have unfiltered access to the Chief since he essentially speaks for the Chief in matters of public interest. Training is typically not in the list of units managed by a chief, but in this instance, the function is among the responsibilities falling to the Professional Standards lieutenant. Since it is not the Chief's "direct" responsibility, it should cause him no difficulty. Code Compliance, however, would be better suited to fall under the Community Services Sergeant. Code Compliance works on the quality of life issues that are not dissimilar from the goals of the CAT function. In fact, if they worked for the same sergeant, there might be a greater likelihood these two units could join forces more often toward common goals. The current organization also places the Crime Analyst within the Special Victims Unit under Support Services. This function is critical to understanding problems that need to be addressed by both Patrol and Support Services (Investigations). Much of the Patrol deployment strategy and the application of resources from around the department stem from the work of the Crime Analyst. It is recommended that this position work directly for the Chief with a close input relationship with both majors (reflected by the dotted line). Placing the Crime Analyst under the Chief highlights the importance of the function to the mission of the department. The Police Executive Research Forum 26 382 of 757 Management Study of the Boynton Beach Police Department The Proposed Organization Chief of Police Crime Analyst Uniform Support Services � Services Chief's Administrative Staff Budget Services Technical Services Professional Standards Internal AffaJrs Staff Insp/ PIO Training Recruitment The Police Executive Research Forum 27 383 of 757 Investigations Alpha Shift �. - Gen Assign E Bravo Shift -� - Investigations g Gen Assign W Admin Lt. Special :) Victims ll� Traffic VIN Unit Community Records/ Services Evidence Community Action Team Code Compliance Community Education Police Athletic League Special Services Marine Unit K -9 Unit Chief's Administrative Staff Budget Services Technical Services Professional Standards Internal AffaJrs Staff Insp/ PIO Training Recruitment The Police Executive Research Forum 27 383 of 757 Management Study of the Boynton Beach Police Department Community Perceptions In order to gauge public perceptions about the police, the PERF study team met with several focus groups assembled from various segments of the Boynton Beach community. Among the citizenry that was represented were members of variety of groups from within the city —the middle- class, the business community, the city's minority community, residents from gated communities, and the city's youth —all with valuable insight as to how the police are viewed. Each group had its own relationship with the police, some good, some in need of improvement. The business group characterized the department—today—as very open and interested in helping. They characterize Boynton officers as courteous, helpful, and anned with good advice when asked for guidance. Since Chief Immler has been appointed, they recognize a different attitude in the police officers with whom they have contact. Morale is much better than it had been. One resident remarked that it was not an easy job, and that officers have difficult times in some neighborhoods. Some thought the issue of illegal immigration was a problem for officers because the expectation of police behavior and authority is uneven among different cultures. Members of various groups were very complimentary about the department's performance during the 2005 hurricanes. They thought the department went the extra mile making sure the public was safe. Many residents recognize a stepped -up police presence on bicycles, but generally feel the police are not as visible as they would like. "They come when you call them, but that's about the only time you see them," reported one resident. This reference was made in regard to one of the city's many gated communities. Residents in these communities understand that being behind security gates, there is less crime and they are less vulnerable, so the police may not find it as critical to patrol their streets as much as the higher -risk areas of the city. However, they still would like to see routine patrols more often. There is a perception that officers patrolled the gated communities more often, in the past. In other neighborhoods, residents thought that officer visibility was more frequent and sufficient. Some thought that officers were responding to their calls quicker than in the past. One area of The Police Executive Research Forum 28 384 of 757 Management Study of the Boynton Beach Police Department concern was that on occasion the police have chased motorists through residential neighborhoods. Subsequent discussion led to requests for speed bumps and more traffic assignments to curtail speeding on residential streets. A number of residents spoke of specific incidents of juvenile fights in which the police response was timely, and officers quelled the immediate situations, but nothing was done in terms of actual problem solving to eliminate the cause of the problem. In fact, they report officers responded to calls about the same problem several days in a row. The business community is generally pleased with the police. The Chamber of Commerce reports it has 700 business members, and none have voiced complaints about the police, though like everyone they would enjoy a greater level of visibility especially in the evening hours. They would like to see more bicycle patrols. They also recognize that the impending business and residential growth throughout the city will tax police resources and hope the department will be staffed and funded to meet the future. Views on the department's commitment to community policing varied among the groups. A corm theme that was heard from several members of several groups is that the chief of police seems to be pushing community policing, but too few officers get out of their cars and actually communicate with residents. Officers respond and they do their job, but they don't interact unless they are on a call, on a traffic stop, or moving someone along. That said, residents still thought officers were approachable and friendly. Few residents thought that the same officers were regularly responsible for policing their neighborhoods. From the public's descriptions, the concepts of "beat integrity" or "beat ownership" are not widely practiced. Communications shortcomings between the deparhnent and the public came tluough in several discussions. Residents recalled incidents that left them confused about police practices, but they were not aware of a comfortable avenue to seek an explanation. It was interesting that their curiosity was great enough that they raised the questions to PERF staff in search of answers. Examples of their curiosity included: "Why do officers have to block the entire street when they make a traffic stop' ?" and, Why do officers drive with their lights and siren on, then turn them off but still keep going like it's an emergency and run stop sign or red light ?" Both situations can be The Police Executive Research Forum 29 385 of 757 Management Study of the Boynton Beach Police Department easily explained, but not when the citizen feels uneasy about seeking out the answers. One resident from the minority community remarked that he could recall incidents —well in the past —in which he initially thought police were abusive, but later wondered if the actions of the police might have been justified, but no one was there to explain the officer's actions. He worries that this kind of communication might still be missing. There were mixed responses about malting a complaint about a police officer. The majority of those present had never experienced a need to complain about an officer or police practice, and had no idea how to initiate a complaint, but felt the department would be responsive and help them through the process. A few who were familiar with the citizen's complaint process thought it worked well and that complaints were handled properly. Others, from the African- American community, were less certain. They report a history of weak follow -up on complaints, but they admit these recollections are older, and they have no recent accounts. The greater concern voiced was not about the complaint process, but rather about a number of personal and anecdotal reports of poor treatment of minorities at "the window," where the public goes for information and direction. Several group members recalled incidences of demeaning treatment, unwillingness to provide information about wrested relatives, refusal to provide police report information, etc. Unquestionably, the greatest community issue for the department lies in the poor relationship between the police and minority juveniles. This group was united in their distrust of most officers. There were exceptions, but they were few. They report routine harassment, being held to unrealistic standards and rules that change from officer to officer. Universally, they claim to be treated without respect. Those who drive indicate they are stopped routinely without cause. Some residents and businesspersons felt the department suffered from understaffing, and suggested that the department put more civilian employees behind the desks to get the officers on the street. There was a general concern that the city is growing, more housing is being built, traffic is worsening, and the police department needs to grow accordingly— beforehand, not after- the -fact. Some were aware the department has officers in the academy and that some growth is underway, but they were fearful not enough new officers were in the pipeline. The Police Executive Research Forum 30 386 of 757 Management Study of the Boynton Beach Police Department Some group also noted that there is too little police presence at community association meetings in the less troubles neighborhoods. There was also an interest in seeing the department resume its harbor patrol function, which is currently not staffed. Yet in other neighborhoods, residents thought police representation at meetings was good, with officers, sergeants, or "PR types" in regular attendance. Some residents spoke about the department's Citizens on Patrol (COP) program. Others knew little or nothing about it. Those familiar with the program regard it as a valuable community asset, but some thought it was not utilized to its capacity — partly because is was not adequately publicized, and partly because the department may have liability concerns. Some felt this was a resource that could be used to address traffic around schools at start and end of the school day. There was some discussion about the perception that too many officers cannot reside in the city, or even the county, because of the high cost of housing. They felt officers should be compensated at a level that would permit them live in the city —which they thought would lead to more officers being issued take -home cars —which was seen as step toward more officer visibility in the city's neighborhoods. As for recruitment, it was suggested that the department should be seeking out the most professional recruits possible, but that the current salary being paid to officers might not attract the best. When asked about the effectiveness of the city's approach to Code Enforcement, most thought the city was going a good job. Some indicated that Code Enforcement officials were effective because their focus was as much about helping people come into compliance as opposed to just enforcement. However, one person reported an incident in which local citizens had to undertake their own clean -up efforts at a nursing home after months of complaints and inaction by the city. For many in the group there was little understanding about the effectiveness of Code Enforcement in the city. Knowledge of the department's Citizens Police Academy varied from group to group. Some persons had attended, some were familiar with the program, and others had no idea about it. The Police Executive Research Forum 31 387 of 757 Management Study of the Boynton Beach Police Department Those who had been through the program felt it was a wonderful opportunity to become familiar with the issues facing police and the problems that officers have to deal with every day. They were particularly impressed with the attitude and knowledge of the officers who they met at the academy. They found the ride -along component of the program particularly valuable in helping them to understand things from officers' perspectives. Recommendations 1. The department should make an effort to engage in more frequent community interaction and to communicate with every segment of its public. Though some groups were more vocal than others, every group described areas in which faulty communications have led to a misconception or misunderstanding. 2. Gated communities and lower -crime neighborhoods still deserve to be patrolled. Residents in these areas may understand they have less need for the police, but they still would like the added security of a police patrol from time -to -time. Similarly, community meetings in these areas should be attended by officers and supervisors, to ensure that community concerns are heard. 3. Greater visibility and more interaction with officers was a common theme among residents and the business community. For the most part, they feel the officers are friendly and approachable, but they want to see officers on bikes, on foot and making a more of a personal connection. This recommendation goes hand -in -hand with the need for better communications. 4. The department should ensure that all persons who present themselves at the department's "public window" are treated properly. The stories reported to PERF about poor treatment were old, anecdotal, and very well may not be representative of the day- to -day business conducted at the window. Certainly, the conduct observed by the PERF team on each visit to the department was fine. But this point of public contact should be The Police Executive Research Forum 32 388 of 757 Management Study of the Boynton Beach Police Department periodically monitored (including staff inspections review), just as other units, for quality control. 5. There is a great deal of work to be done bringing the police and the city's minority youth together. This is the one group where there is a serious disconnect and a lack of trust. The juveniles are so wary of most officers, they cannot see anything they can do to mend the relationship. Starting at the community center where the youths congregate, the police need to be seen as more than the enforcers of rules. There are a very few officers who do have a good relationship. The department should monopolize on this as the place from which to grow. 6. Several of the business persons who were interviewed were realtors. They spoke of how they are in the various communities in the city everyday and were in a position to sometimes notice when things don't look right — something is out of place or different and looks suspicious. The department should consider the creation of a "Realtor Watch" program, which solicits realtors to take a more active role in crime prevention. Assuredly, they would call the police now if they saw something wrong, but with a little orientation and information when they could be on the lookout for a neighborhood problem, they could be productive "eyes and ears" for the police. They have the incentive to see the neighborhoods in which they list and show property to remain crime free. 7. All of the recommendations in this section really speak to community policing. Individual officers report they try to foster community policing by attending community meetings and resolving problems when they handle calls —and time permits. But, clearly, that is not enough. The community needs to be more involved, and they are asking for just that. The public wants: • greater interaction; • to see their police on their streets —on foot and on bikes; • to have opportunities to ask officers questions about police activity they don't understand; The Police Executive Research Forum 33 389 of 757 Management Study of the Boynton Beach Police Department • and needs personable, approachable police officers to dispel old stereotypes about abuse and disrespect; • officials at meetings to talk to them about issues like staffing, officer residency, the Citizen's Academy, the COP program, and more. 8. The department should create a "Chief's Citizen's Advisory Council." This group should consist of ten to twelve citizens representing the various segments of the Boynton Beach Community. Typically a group like this consists of representatives from various community association groups, the business community, the faith community, education, the minority communities, and others who represent segments of the public. They meet with the chief of police every other month to discuss problems that come to their attention and the meetings serve as an opportunity for the Chief to communicate with the public and present his ideas and concerns —using the council as a focus group to float ideas for community feedback before implementing them. These groups can prove to be ambassadors for the chief and they can divert controversy. If they truly are —and see themselves —on the Chief's team, they can be vital when the department needs community support. Meetings with councils like these can be used to introduce group members to issues facing the police and new technology that the department has adopted or would like to adopt. For example, some departments have allowed council members to engage in Firearms Simulator training. This is enormously valuable when they see how easy it can be for the police officer (themselves in this case) to become immersed in a spontaneous situation that ends up getting themselves shot or they shoot an innocent person in the scenario. Demonstrations of technology like less- lethal weaponry allows the police to stress that they are not just another tool to protect officers, but primarily exist to avoid having to employ lethal force. In these, and a multitude of other ways, the council members can bring positive messages back to the groups they represent. The Police Executive Research Forum 34 390 of 757 Management Study of the Boynton Beach Police Department Patrol Staffing Patrol in Boynton Beach Police involves two primary sources of work: calls for service and self initiated activity. • Calls for Service (CFS) are those episodes which the public initiates when they request service from the police by making a telephone call (either emergency or non emergency), stopping an officer on the street, appearing at a police station, or by some other means. • Self Initiated (SI) tasks occur when individual officers, on their own initiative, stop and check on vehicles (either because of suspicious circumstances or because of traffic or license violations), stop pedestrians, check on buildings, follow -up to earlier incidents, write reports, and perform other discrete tasks. Generally speaking, self initiated work is composed of those episodes the officer starts. Self initiated activities may include tasks that officers perform at certain times during their shift such as school zone patrol or traffic enforcement. Both sources of work are important to patrol operations. However, a police agency can have less impact on when calls for service take place than on the timing of self initiated activity. A call for service begins when a citizen makes a request for service usually with the expectation that the police will respond immediately to that request. Although it is possible to manage this workload somewhat — separating urgent calls for immediate priority from non - urgent calls for delayed response —the times that calls originate cannot be controlled by the police. Self initiated activity is, to a large extent, discretionary. Officers can initiate encounters when they have time to do so, and when there are targets of opportunity. Much of this activity can be deferred to times when calls for service workload are lighter. However, self initiated activity does depend on legitimate opportunities being available, and such times often coincide with high calls for service times. Car stops and checks of suspicious activities frequently result from peak times of human movement and interaction. Having sufficient time available for self initiated activity is important if a department wants to work to proactively solve crime, violence, and disorder problems through community policing. The best self initiated police work involves not only car stops and pedestrian checks, but also time for officers to work with residents and businesses to solve the problems underlying crime, violence, and disorder. Time spent in this regard, when appropriately directed, can have the The Police Executive Research Forum 35 391 of 757 Management Study of the Boynton Beach Police Department benefit of reducing calls for service as the conditions causing the problems residents call about are improved. Patrol Workload by Type and Location PERF reviewed a database of Boynton Beach dispatch activity for a year's period from October 1, 2004 through October 31, 2005. The total number of records in the database was 103,856. This represents the total number of dispatches, not the total number of events because multiple units were dispatched to certain events. The database included 23,190 dispatches that were coded as resulting from a citizen's call for service (CFS), 45,522 activities that were coded as self initiated (SI), and 35,144 that had a blank field for the source code. These blanks represent a significant amount of data that, if not assigned to either CFS or S1, and left out of the analysis would contribute to an inaccurate picture of patrol workload. The following t1nee tables show the top ten dispatch activity types, the total number of the top ten dispatches recorded during the course of the year, and the corresponding percentage of the total dispatch events. Calls for Service Too Dispatch Activities CFS Call Type Number Percent DOMESTIC 3162 13.6% POLICE ASSIST 2505 10.8% DISTURB GENERAL 2389 10.3% SUSPICIOUS INCIDENT 1406 6.1% ACCIDENT W/O INJURY 1276 5.5% SUSPICIOUS PERSON 999 4.3% 911 HANGUP 824 3.6% BURGLARY DELAYED 746 3.2% ASSIST WITH ADVANCED LIFE SUPPORT CALL 615 2.7% ACCIDENT WITH INJURY 455 2.0% Total (Top Ten 14377 62.0% The Police Executive Research Forum 36 392 of 757 Management Study of the Boynton Beach Police Department These ten call types account for 62% of the total number of CFS for Boynton Beach. The top ten self initiated (SI) activities are included in the table below. Extra patrol is recorded when a Boynton Beach police officer conducts at least a visual inspection of an area or place that is of special note to the police department; these assignments, given out to patrol officers as an SI activity, account for almost 16% of all self- initiated activity. Self- Initiated Top Dispatch Activities Type of SI Activity Number Percent TRAFFIC STOP 13605 29.9% EXTRA PATROL 7208 15.8% SUSPICIOUS PERSON 3882 8.5% POLICE ASSIST 3065 6.7% ALARM COMMERCIAL 2253 4.9% TRAFFIC COMPLAINT 1977 4.3% SUSPICIOUS VEHICLE 1837 4.0% ALARM RESIDENTIAL 1336 1 2.9% ASSIST MOTORIST 895 2.0% DISTURB GENERAL 815 1.8% Total (Top Ten 36873 81.0% These ten self initiated activity types account for 81 %0 of all SI activities for Boynton Beach. The top ten call types for events without a source designation were also examined and are listed in the table below. The Police Executive Research Forum 37 393 of 757 Management Study of the Boynton Beach Police Department Blank Source Code Top Dispatch Activities Blank Source Dispatch Number Percent POLICE ASSIST 3514 10.0% TRAFFIC STOP 3362 9.6% ALARM COMMERCIAL 2776 7.9% SUSPICIOUS PERSON 1772 5.0% DISTURBANCE GENERAL 1712 4.9% ALARM RESIDENTIAL 1677 4.8% DOMESTIC 1634 4.6% SUSPICIOUS INCIDENT 1563 4.4% ACCIDENT W/O INJURY 1453 4.1% TRAFFIC COMPLAINT 1020 2.9% Total (Top Ten 20483 58.3% Six of the call types in this table match call types in the CFS table. Five are also included in the top ten ST table. Only one call type, SUSP PERSON, was included in both the CFS and ST top ten. Boynton Beach is divided into ten different patrol zones. The table below shows that zones seven and three receive the most calls for service dispatches each with over 3,500 events recorded over the year. Zones two, four, five and ten each receive about the same number of CFS dispatches ranging from 2,419 in Zone Ten to 2,800 in Zone 5. 1 110 CFS dispatches have no zone recorded indicating that they had either invalid addresses or addresses outside the city. The Police Executive Research Forum 38 394 of 757 Management Study of the Boynton Beach Police Department Calls for Service Dispatch Activity by Zone Zone CFS Percent 1 1829 7.9% 2 2708 11.7% 3 3538 15.3% 4 2706 11.7% 5 2800 12.1% 6 1 1066 4.6% 7 3661 15.9% 8 410 1.8% 9 1943 8.4% 10 2419 10.5% The following table shows the self initiated activities dispatched by zone. Self- lnitiated Dispatch Activity by Zone Zone SI Activities Percent 1 2306 5.2% 2 4578 10.2% 3 10074 22.5% 4 5714 12.8% 5 4856 10.9% 6 1 2472 5.5% 7 6039 13.5% 8 1106 2.5% 9 4567 10.2% 10 2986 6.7% The location of self initiated activity varies from the distribution of calls for service dispatches. A single zone, zone three, accounts for a significant portion of the total at over 22 %. The high percentage may result from some activities being recorded at police headquarters which is located in zone three. The next highest zone is zone seven at 13.5 %. followed by zone four at 12.8%.' The pattern shifts again when viewing the distribution of those activities with no source code. Zone seven has the highest number followed by zones three, four and five. z There were 842 ST dispatches with no zone recorded. The Police Executive Research Forum 39 395 of 757 Management Study of the Boynton Beach Police Department Blank Source Code Dispatch Activity by Zone Zone Number with no source Percent 1 2002 5.8% 2 3131 9.0% 3 4810 13.9% 4 4259 12.3 5 4021 11.6% 6 2127 6.1% 7 5634 16.2% 8 1180 3.4% 9 3678 10.6% 10 1 3848 11.1% Measuring the Time Consumed By Patrol Work When examining the amount of time consumed by patrol workload in Boynton Beach, PERF began by using the following guidelines to measure how much time is consumed: • Calls for service time- consumed is measured beginning from the time that an officer begins to travel to the specific location identified by a calling citizen. • For self initiated work, time consumed begins when the officer notifies communications that he /she has initiated an event on the officer's own volition. • In both cases, the ending point is when the officer lets the dispatcher know that he /she has cleared, or completed, the activity and is ready to handle another assignment, if needed. A complete analysis of patrol workload requires being able to measure the total amount of patrol officer time, and therefore requires records that show how much time each officer spent on each call. The total time consumed by an event includes not only the primary unit assigned but also the time committed by backup units. The BBPD database includes a separate record for each unit on each call so that a more accurate measurement could be made of the total time consumed on these events. The average amount of time consumed for the average week was calculated using the following methodology: The total time by each unit on each citizen initiated call for service (CFS) responded to by Boynton Beach officers and each officer initiated (SI) activity was averaged by day of the week and hour of the day to generate a matrix The Police Executive Research Forum 40 396 of 757 Management Study of the Boynton Beach Police Department showing, for each hour long time block, the average hours of time spent on calls for service and self initiated activities. To include as much data as possible, the time consumed by the 35,144 dispatch events with no source was distributed between calls for service and self initiated activities. This assignment process used the CFS /Sl ratio when the source was recorded to distribute dispatch events when no source was recorded. For example, of all "suspicious person" activities with a recorded source, 32% were CFS and 68% were Sl. The time consumed for records with no source for "suspicious person' was distributed on the same basis - 32% of the time was added to the CFS matrix and 68% percent of the time was added to the SI matrix. The next table shows the average hours consumed by calls for service and includes the distributed "no- source" dispatch events. CITY WIDE AVERAGE HOURS CONSUMED BY CALLS FOR SERVICE HOUR MON TUE WED THU FRI SAT SUN 0000 2.5 2.5 2.4 2.5 2.6 2.9 2.8 0100 2.2 1.6 2.0 2.0 1.9 2.8 3.8 0200 1.8 1.7 1.4 1.4 1.2 2.4 2.8 0300 1.3 0.9 0.9 0.9 1.1 1.8 2.1 0400 1 0.5 0.8 1 0.5 0.9 0.8 1 1.9 1.7 0500 0.5 0.5 0.6 0.9 0.7 1.4 1.4 0600 0.9 0.6 0.7 0.9 1.2 1.5 1.3 0700 1.8 1.2 1.3 1.6 2.0 1.8 1.3 0800 1.9 2.3 2.1 2.2 2.3 2.1 1.6 0900 1.9 2.3 2.3 2.6 2.3 2.3 2.0 1000 2.5 2.2 2.8 2.8 2.6 2.7 2.6 1100 2.7 2.3 2.5 3.2 2.6 3.4 3.2 1200 1 3.1 2.4 1 2.7 3.4 3.4 1 3.8 3.4 1300 3.5 2.9 2.9 3.6 3.3 4.0 3.6 1400 3.2 3.0 3.3 3.5 3.1 4.1 3.8 1500 3.8 3.1 3.3 3.6 3.4 4.2 4.0 1600 3.8 3.6 3.6 3.7 3.0 3.9 3.4 1700 4.0 3.7 3.5 3.8 3.2 3.8 3.1 1800 5.0 4.4 4.0 4.1 3.8 4.0 3.2 1900 4.7 4.3 4.4 3.7 3.4 4.1 3.8 2000 4.2 3.8 4.5 3.4 3.4 4.1 3.7 2100 1 3.9 1 3.5 1 4.1 1 3.5 1 4.0 1 4.6 1 3.7 2200 3.7 3.3 3.9 3.3 4.0 4.3 3.4 2300 2.8 2.3 3.1 2.7 3.2 4.3 3.4 The Police Executive Research Forum 41 397 of 757 Management Study of the Boynton Beach Police Department The table shows the average time consumed in hours. For example, at 2300 hours on Monday, over the year, an average of 2.8 hours was consumed by all units responding to citizen requests for service. The amount of calls for service work varies through the course of a week. Levels of CFS are lowest from about 0400 -0600 and highest from 1700 -2200. The total, average weekly number of hours consumed by calls for service is 460.8. CITY WIDE AVERAGE HOURS CONSUMED BY SELF INITIATED ACTIVITY HOUR MON TUES WED THU FRI SAT SUN 0000 2.6 3.0 3.3 3.1 3.2 3.5 2.2 0100 2.9 3.3 2.9 3.4 3.0 3.7 4.0 0200 3.1 3.1 2.8 2.9 2.3 3.6 3.2 0300 1.7 1.4 1.6 1.7 1.1 1.9 1.6 0400 1.3 0.7 1.0 1.0 0.8 0.9 0.9 0500 1 0.9 0.5 1 0.8 0.6 0.8 1 0.9 0.6 0600 1.1 1.1 1.1 1.1 0.8 1.0 0.9 0700 1.9 2.0 1.9 2.5 1.8 1.4 1.2 0800 2.4 2.9 2.7 3.0 2.5 2.2 1.7 0900 3.2 3.1 3.2 3.3 2.7 2.6 2.2 1000 3.2 2.8 3.2 3.1 3.0 2.3 2.5 1100 2.7 3.2 3.6 3.2 2.8 2.7 2.1 1200 1 2.5 3.3 1 3.3 3.6 2.6 1 2.7 2.0 1300 2.8 3.7 3.6 3.8 2.7 2.7 2.1 1400 3.4 3.4 3.3 3.6 3.2 2.7 2.1 1500 3.3 3.7 3.9 3.7 3.7 2.6 2.3 1600 3.2 3.4 3.9 4.1 4.7 2.6 2.4 1700 3.1 3.3 3.7 4.5 4.3 3.0 2.4 1800 1 3.3 3.7 1 3.6 4.0 4.6 1 3.1 3.0 1900 3.6 4.2 3.9 3.7 4.7 3.8 3.4 2000 3.8 3.9 4.0 4.0 4.0 4.2 3.7 2100 3.8 4.2 3.9 3.7 4.1 4.0 3.5 2200 3.7 3.9 3.4 3.4 4.0 4.2 2.9 2300 3.2 3.6 3.4 3.5 3.8 4.0 2.7 As with calls for service, peak self- initiated times are evenings and low points are early morning. The total, average weekly number of hours consumed by self initiated activities is 478.2, slightly higher than the 460.8 average weekly hours consumed by calls for service. Most frequently, in jurisdictions the size of Boynton Beach, time consumed by calls for service exceeds that for self - initiated work. Once difference is that the type of work recorded in Boynton Beach as "extra patrol" is not recorded. In other departments, officers may drive The Police Executive Research Forum 42 398 of 757 Management Study of the Boynton Beach Police Department through an area or by a location targeted for special attention but either will not record it or record it as "directed patrol." Directed patrol is usually considered separately from officer initiated activity. Current Patrol Staffing The Boynton Beach Police Department is allocated a total of 154 sworn officers, 58 officers are assigned to patrol response. Boynton Beach patrol officers work 11.5 hour shifts and shifts are split between Platoons A and B. Within each platoon, there are two different starting times. Begins I Ends Platoon A Al 0430 1600 A2 0600 1730 A3 0430 1600 A4 0600 1730 Platoon B B1 1530 0300 B2 1730 0500 B3 1530 0300 B4 1730 0500 Each platoon has two squads further divided to provide overlap coverage during shift changes. Each squad works an opposing days off schedule which consists of a two week cycle: One squad will have Monday and Tuesday off, work Wednesday and Thursday, and have off Friday, Saturday, and Sunday, then in the second week work Monday and Tuesday, have off Wednesday and Thursday, and work Friday, Saturday and Sunday. The other squad, composed of the same number of officers, works when the first squad is off and is off when the first squad is working. This results in each squad having every other week -end off. hi order to provide for this schedule and every other weekend off, each squad needs to have the same number of officers. This results in having the same number of officers scheduled to work each day and does not take into account workload that differs by day of the week. The staggered starting times results in an hour each day when only V2 of a full complement of officers is working — from 0500 to 0600, usually a low workload time. The Police Executive Research Forum 43 399 of 757 Management Study of the Boynton Beach Police Department Officers work the same schedule for six months before going through a re -bid and reassignment procedure. In order to compare the patrol officers available to the patrol workload, a matrix depicting the average number of officers on -duty, by hour of the day and day of the week, was constructed for the city. This matrix was created from a sample of patrol rosters that listed the number of officers on duty by hour and day. The number of on -duty officers will vary due to absences resulting from vacation, illness, training, and other leave time. As was discussed earlier, the Boynton Beach Police Department does not maintain records that could be used to determine its actual "show -up" rate but it was estimated that, of those scheduled, approximately 76% typically show -up for work. This rate is used in the following analysis. The Police Executive Research Forum 44 400 of 757 Management Study of the Boynton Beach Police Department CITY WIDE PATROL OFFICER TIME AVAILABLE HOUR MON TUE WED THU FRI SAT SUN 0000 11.5 14 13.5 12.3 12.5 11.5 13.5 0100 11 14 13.3 12.3 12.5 11.5 13.5 0200 11 14 13.3 12.2 12.5 11.5 13.5 0300 5 7 6.8 5 5.5 7 7 0400 1 8.5 10.3 1 10 8.2 7.5 1 9 10.5 0500 7 6.5 6.5 6.3 5 6 7 0600 13.5 13.5 12 11.7 10.5 11.5 12 0700 13.3 13.5 12 12 10.5 11.5 12 0800 12.5 13 12 11.7 10.5 11.5 12 0900 12.5 13 12 11.7 10.5 11.5 12 1000 12.5 13 12 11.7 10.8 11.5 12 1100 1 12 13 1 12 11.7 11.5 1 11.5 12 1200 12.3 13 12 12 10.5 11.5 11.5 1300 12 12.5 12 12 10.5 11.5 11.5 1400 11.5 12.5 12 12 10.5 11.5 11.5 1500 14.5 16 15.7 15.4 13 14.8 14.5 1600 12.5 13.5 12.8 12.8 10.8 12 11 1700 12.3 13.8 12.6 13.2 11.3 12.8 11.3 1800 13 13.8 12.3 13 12 13.5 12 1900 13 13.8 12.3 13 12 13.5 12 2000 1 13 1 13.5 1 12.5 1 13.3 1 12 1 13.5 1 12 2100 13 13.4 12.3 13.5 12 13.5 12 2200 14.5 13.5 12.3 13.5 11.9 13.5 11.5 2300 14.5 13.5 12.3 13.5 11.5 13.5 11.5 Personnel and Workload These staffing patterns can be compared against the tables of average hours of time consumed by CFS and Sl activities. The resulting comparison will show what percent of the available patrol officer hours are consumed by calls for service and self initiated activities, by hour of the day and day of the week. There are no universally accepted standards for how much patrol time should be consumed by calls for service. Many departments set an informal target tone for the amount of patrol officer time consumed by calls for service from 30 -40 %. Other departments may set targets at 50% or 60 %. A common rule of thumb, established before community policing became prevalent, was that 1/3 of the time should be spent on calls for service, 1/3 on self initiated activity and 1/3 on uncommitted patrol time. The Police Executive Research Forum 45 401 of 757 Management Study of the Boynton Beach Police Department Few jurisdictions track closely how patrol officer time is used or set formal targets. However, recent work in other cities by project team members working on this study show the following target utilizations for patrol officer calls for service time: • Kansas City MO — 35% • Chandler AZ (rapidly growing Phoenix suburb of 150,000) — 40% • Tallahassee FL — 67% (with target of 50 %) • West Palm Beach FL — 43% The target for patrol staffing is a policy decision that is usually balanced by the work that needs to be performed and the resources a jurisdiction has available for police services. A target of 35% CFS time consumed requires more officers than a target of 50 %. An important consideration is how a city wants its patrol officer time used. Local demographics, crime and disorder problems and policing style all can have all impact on the demands on patrol officer time. One city may view the patrol function as primarily composed of response to citizen calls for service, self- initiated activities to deter and discover criminal activities (through traffic stops, pedestrian checks, and building checks) and a certain amount of administrative activity. Another department may want its patrol officers to also be heavily involved in community policing and problem solving activities. Such activities include spending time getting to know the people and conditions in the beat, attending community meetings to listen to neighborhood concerns, conduction analysis to develop plans to address community crime and disorder problems, and being a catalyst to bring local government operations to bear to improve the quality of life in the city's neighborhoods. Under this model, the department may especially try to have officers available to work with the community during community policing "prime time" — from noon to about 9:00 pm on Monday through Thursday. During this time most community meetings take place and schools, businesses, and social service agencies can be readily contacted. The Police Executive Research Forum 46 402 of 757 Management Study of the Boynton Beach Police Department Another department yet may want its patrol officers to spend some portion of their time conducting follow -up investigations of crimes that have been reported. Other agencies may use patrol for some mixture of these activities. The staffing charts below compare the average hours consumed by calls for service and self initiated activities to patrol officer time available in Boynton Beach. This is done to determine if current patrol staffing levels are adequate to handle the total workload. CITY WIDE PERCENT OF AVERAGE PATROL TIME CONSUMED BY CALLS FOR SERVICE HOUR MON TUE WED THU FRI SAT SUN 0000 22.0% 17.8% 17.9% 20.7% 21.0% 25.3% 20.8% 0100 20.2% 11.4% 15.1% 15.9% 15.0% 24.2% 28.1% 0200 16.4% 12.1% 10.5% 11.9% 9.8% 21.0% 20.7% 0300 25.0% 13.4% 13.9% 17.2% 19.5% 25.2% 30.1% 0400 1 5.8% 7.9% 1 5.3% 11.2% 10.5% 1 20.8% 15.9 0500 6.8% 8.3% 8.6% 13.5% 14.9% 23.8% 20.7% 0600 6.5% 4.6% 5.9% 7.4% 11.0% 13.3% 10.5% 0700 13.6% 8.7% 10.7% 13.3% 19.3% 16.0% 10.9% 0800 15.0% 17.8% 17.5% 19.0% 21.7% 17.8% 13.7% 0900 15.5% 18.1% 19.2% 22.5% 21.4% 20.2% 16.5% 1000 19.6% 16.9% 22.9% 24.2% 23.9% 23.8% 21.5% 1100 22.8% 17.5% 20.6% 27.1% 22.9% 29.3% 26.5% 1200 1 25.6% 18.8% 1 22.3% 28.2% 32.4% 1 33.0% 30.0% 1300 29.6% 23.4% 24.5% 30.0% 31.2% 34.6% 31.2% 1400 28.0% 24.4% 27.4% 29.6% 29.8% 35.4% 33.0% 1500 26.5% 19.2% 20.9% 23.4% 26.2% 28.7% 27.9% 1600 30.5% 26.9% 28.3% 29.1% 27.8% 32.5% 30.6% 1700 32.6% 26.9% 28.1% 29.2% 28.5% 29.9% 27.7% 1800 38.7% 32.3% 32.7% 31.2% 31.4% 29.8% 27.0% 1900 36.0% 31.0% 35.4% 28.1% 28.6% 30.0% 32.0% 2000 31.9% 28.1% 35.7% 25.9% 28.5% 30.7% 30.7% 2100 1 30.2% 1 26.3% 1 33.6% 1 25.7% 1 33.5% 1 34.4% 1 31.1% 2200 25.6% 24.7% 31.3% 24.3% 33.6% 31.8% 29.3% 2300 19.6% 17.2% 25.5% 19.6% 28.2% 32.1% The average patrol officer time consumed by calls for service is 22.9 %. Compared to other similar jurisdictions, this is lower than many. Rarely does the time consumed by calls for service exceed 33% and there are no time blocks where the CFS workload exceeds 40 %. The Police Executive Research Forum 47 403 of 757 Management Study of the Boynton Beach Police Department Earlier in this report, it was reported that patrol officers perceive that the calls for service workload - especially in the evening -is very demanding and that officers run from call to call most nights. This perception is not supported by the available data. This misperception may result from the self- dispatching activity officers engage in described earlier coupled with the relatively high level of self - initiated activity The following chart shows the time consumed by self initiated work compared to the available patrol officer hours. CITY WIDE PERCENT OF AVERAGE PATROL TIME CONSUMED BY SELF INITIATED ACTIVITIES HOUR MON TUE WED THU FRI SAT SUN 0000 23.0% 21.3% 24.4% 25.4% 25.6% 30.6% 16.5% 0100 26.4% 23.7% 21.9% 27.9% 23.9% 32.1% 29.3% 0200 28.6% 22.2% 20.9% 24.0% 18.5% 31.6% 23.9% 0300 34.6% 20.0% 23.1% 34.1% 20.8% 26.5% 22.2% 0400 1 14.9% 6.9% 1 10.2% 12.7% 11.3% 1 10.3% 8.2% 0500 13.0% 8.1% 12.1% 9.4% 15.1% 15.6% 7.9% 0600 8.2% 7.9% 9.4% 9.5% 7.8% 9.0% 7.6% 0700 14.7% 15.0% 15.8% 20.5% 17.5% 12.5% 9.8% 0800 19.2% 22.6% 22.8% 25.7% 23.6% 19.0% 14.5% 0900 25.5% 23.6% 26.9% 28.0% 26.2% 22.5% 18.5% 1000 26.0% 21.7% 26.8% 26.8% 27.7% 19.7% 20.7% 1100 1 22.7% 24.3% 1 29.6% 27.6% 24.0% 1 23.8% 17.3% 1200 20.4% 25.7% 27.7% 30.2% 25.1% 23.5% 17.5% 1300 23.4% 29.2% 29.7% 31.9% 25.4% 23.2% 17.9% 1400 30.0% 26.9% 27.6% 29.7% 30.2% 23.2% 18.4% 1500 22.8% 22.9% 25.0% 24.1% 28.6% 17.8% 15.6% 1600 25.5% 25.5% 30.2% 31.7% 43.3% 21.8% 21.5% 1700 1 25.5% 23.8% 1 29.7% 34.5% 38.5% 1 23.3% 21.4% 1800 25.7% 26.9% 29.6% 31.0% 38.3% 23.2% 25.4% 1900 27.6% 30.2% 31.3% 28.8% 39.4% 27.9% 28.6% 2000 29.0% 28.8% 32.1% 30.1% 33.7% 30.9% 31.1% 2100 28.9% 31.4% 31.7% 27.7% 34.5% 29.3% 29.3% 2200 25.2% 29.2% 27.6% 25.5% 33.7% 31.2% 25.0% 2300 22.2% 26.4% 27.4% 25.7% 33.1% 29.9% 23.4% The average patrol officer time consumed by self initiated activities is 23.8 %. Rarely does self initiated work exceed 33% of the average time available. Departments that have higher levels of calls for service workload than Boynton Beach typically will have lower levels of self - initiated activity. The Police Executive Research Forum 48 404 of 757 Management Study of the Boynton Beach Police Department The next table compares the average patrol time available against all recorded patrol work. CITY WIDE PERCENT OF AVERAGE PATROL TIME CONSUMED BY ALL PATROL ACTIVITIES HOUR MON TUE WED THU FRI SAT SUN 0000 44.9% 39.0% 42.2% 46.1% 46.7% 55.9% 37.3% 0100 46.5% 35.1% 37.0% 43.8% 38.9% 56.4% 57.4% 0200 45.0% 34.3% 31.3% 35.9% 28.3% 52.6% 44.6% 0300 59.7% 33.3% 37.0% 51.3% 40.3% 51.7% 52.4% 0400 1 20.8% 14.8% 1 15.5% 23.9% 21.8% 1 31.1% 24.1% 0500 19.8% 16.4% 20.8% 22.9% 30.0% 39.4% 28.6% 0600 14.7% 12.5% 15.3% 16.9% 18.7% 22.3% 18.1% 0700 28.3% 23.7% 26.5% 33.9% 36.8% 28.6% 20.7% 0800 34.3% 40.4% 40.3% 44.7% 45.2% 36.8% 28.2% 0900 41.1% 41.7% 46.1% 50.6% 47.6% 42.8% 35.0% 1000 1 45.6% 38.6% 1 49.7% 51.0% 51.6% 1 43.5% 42.2% 1100 45.4% 41.8% 50.3% 54.7% 47.0% 53.0% 43.8% 1200 46.0% 44.5% 50.0% 58.3% 57.5% 56.5% 47.5% 1300 52.9% 52.7% 54.2% 61.9% 56.7% 57.8% 49.1% 1400 58.0% 51.3% 55.0% 59.3% 60.0% 58.6% 51.4% 1500 49.3% 42.1% 46.0% 47.5% 54.7% 46.6% 43.4% 1600 56.0% 52.5% 58.4% 60.8% 71.2% 54.3% 52.1% 1700 58.1% 50.8% 57.9% 63.7% 67.0% 53.2% 49.0% 1800 1 64.4% 59.2% 1 62.3% 62.2% 69.7% 1 53.0% 52.4% 1900 63.6% 61.2% 66.8% 56.9% 68.1% 57.9% 60.7% 2000 60.9% 56.9% 67.7% 56.0% 62.2% 61.6% 61.8% 2100 59.1% 57.7% 65.3% 53.3% 67.9% 63.7% 60.4% 2200 50.8% 53.8% 58.9% 49.8% 67.2% 63.0% 54.3% 2300 41.8% 43.6% 53.0% 45.3% 61.3% 62.0% 52.9% The average patrol officer time consumed by all patrol activities is 46.7 %. Less than half of the available time, on the average, is consumed. And, only occasionally, during the early evenings, especially on Friday, does the time consumed average higher than 67 %. The three previous charts compare only patrol officer staffing against the recorded workload. Units other than patrol officers also handle some of the workload. An analysis using unit numbers shows that supervisors, managers and traffic units all perform patrol work, either as primary units or as back -up units. Supervisors include the Road Patrol Sergeants, Training Sergeant, Crime Prevention Sergeant, Detective Sergeants, Professional Standards Sergeant, Internal Affairs Sergeant, Traffic Sergeant and Vice Sergeant. Managers include the Road Patrol The Police Executive Research Forum 49 405 of 757 Management Study of the Boynton Beach Police Department Lieutenants, Detective Lieutenant, Chief, (then) Assistant Chief, Majors and Professional Standards Lieutenant. The tables below show the dispatch work recorded for these units. CALLS FOR SERVICE —NON PATROL RESPONSES SELF INITIATED ACTIVITIES — NON PATROL RESPONSE Number of CFS Percent Supervisors 1374 5.9% Managers 215 0.9% Traffic Units 442 1.9% SELF INITIATED ACTIVITIES — NON PATROL RESPONSE Non - patrol response units account for about 8% of the call for service dispatch events and 12% of the self initiated events. (They also account for about 8% of the non - source dispatches.) Taking into account the level of calls for service work required, the amount of self- initiated work, and the work performed by supervisors, managers, and traffic units, patrol units have a significant amount of time that could be devoted to cormnunity policing and problem solving. Recommendations: 1. Under current conditions, with an increase of patrol response officers from 58 to 60, the Boynton Beach Police Department has sufficient patrol staffing to encompass projected growth through 2010. Trends and projections by the Bureau of Economic and Business Research, University of Florida, show that Boynton Beach can expect an 8.3% growth in population from 2004 to 2010. Given that the current average calls for service consumed time is at (or below 3 ) 22.9% of the patrol officers' time, an increase in calls for service workload commensurate with projected population growth would result in CFS time 3 Other, non - patrol units account for 8 %n of the calls for servicc dispatches. The Police Executive Research Forum 50 406 of 757 Number of SI Activities Percent Supervisors 2501 5.5% Managers 401 0.9% Traffic Units 2664 5.9% Non - patrol response units account for about 8% of the call for service dispatch events and 12% of the self initiated events. (They also account for about 8% of the non - source dispatches.) Taking into account the level of calls for service work required, the amount of self- initiated work, and the work performed by supervisors, managers, and traffic units, patrol units have a significant amount of time that could be devoted to cormnunity policing and problem solving. Recommendations: 1. Under current conditions, with an increase of patrol response officers from 58 to 60, the Boynton Beach Police Department has sufficient patrol staffing to encompass projected growth through 2010. Trends and projections by the Bureau of Economic and Business Research, University of Florida, show that Boynton Beach can expect an 8.3% growth in population from 2004 to 2010. Given that the current average calls for service consumed time is at (or below 3 ) 22.9% of the patrol officers' time, an increase in calls for service workload commensurate with projected population growth would result in CFS time 3 Other, non - patrol units account for 8 %n of the calls for servicc dispatches. The Police Executive Research Forum 50 406 of 757 Management Study of the Boynton Beach Police Department consumed at about 31 %. This is still at the low end of the range for CFS time experienced by other agencies. Further projections indicate that Boynton Beach expects another increase in population of 6.2% from 2010 to 2015. At that point, as the call for service workload approaches or goes beyond an average of 40 %, the department will need to re- examine the size of the patrol response force. Expansion at that point should be based on policy decisions about how the city and the police department want officers to use their time. If officers have less time for activities other than CFS response, decisions will need to be made as to whether those activities should decrease or whether patrol officers should be added to the department to try to maintain patrol officer time commitments to activities other than call response. 2. The Boynton Beach Police Department should substantially enhance its patrol community policing and problem solving efforts. The department has sufficient patrol staffing based on the amount of time consumed and on the support it receives from non - patrol response units to accomplish this. An enhanced community policing focus may enable the city and the department to prevent and control crime, violence and disorder and thus reduce the rate of increase in demand for police services over the next ten years. By becoming more effective, the department may be able to mitigate the need for future expansion. The BBPD already recognizes that community policing and problem solving can help the police understand the underlying problems that result in crime and disorder and then work with the community to "solve" them. Typically, four steps are involved — scanning, analysis, response, and assessment. Scanning is performed by reviewing police calls for service, self initiated activities, crime reports, and citizen input to try to group similar incidents into problems. These problems are then subjected to thorough analysis to develop a comprehensive understanding of the nature of the problem. Analysis often involves interaction between the police and city The Police Executive Research Forum 51 407 of 757 Management Study of the Boynton Beach Police Department residents in order to look at the problem from the community's perspective as well as from a police perspective. Often the analysis will involve close examination of the characteristics of victims, offenders, and locations where offenses typically take place. The best responses are crafted through dialogue between the community and the police. Both have roles to play in responding to crime and disorder problems. The response that is designed should include consideration of each stakeholder. The response should also be designed to encourage measurement to determine if the response "solved" the problem, lessened its impact, or improved conditions in some other way. This assessment phase is important so that the department and the community can learn what works and what should be modified to improve chances of success in future problem solving efforts. As part of its approach to problem solving, the department is implementing a CompStat (literally, computer statistics) policing approach. This approach, pioneered in the early 1990's by the New York City Police Department, seeks to use enhanced analysis of crime and disorder problems to allocate officers to areas that seem to have persistent crime and/or disorder problems, i.e., "hotspots." The CompStat approach can be used to accelerate the scanning and analysis phases of the problem solving process. An especially critical factor in community policing and CompStat is that the department have the time required to implement an effective effort. Patrol officers in Boynton Beach currently have sufficient time to become full partners with the community in community problem solving efforts. Moving to this policing model will require a number of important changes, described in the next set of recommendations. 3. The department should further implement geographic -based patrol, a core component of community policing by reducing the number of beats from ten to five. The same officers should work in the same area at the same time of day so they get to know well the people, conditions, problems, and resources in the area. In addition the people that occupy the The Police Executive Research Forum 52 408 of 757 Management Study of the Boynton Beach Police Department area, either because they live or work in the area or because they regularly visit, get to know the officer that works there. One beat allocation would be as follows: New Beat Old Zones US Dispatches % of Total A 1 &2 4537 20% B 3 & 4 6244 27% C 5 & 6 3866 17% D 7 & 8 4071 18% E 9&10 4362 19% 23080 Under this system, desired staffing would be to keep one officer assigned around the clock to Beats A, D. and E. Two officers should be assigned to Beat B because of its heavier workload and two officers should be assigned Beat C because of the access problems resulting from 1 -95 splitting the beat. Seven beat units should be assigned at all times. The same officers should be assigned to be a beat car on each squad and each platoon. They should be charged with developing in depth knowledge of their beats. Beat car officers should also take the lead in problem - solving efforts. The department should consider creating a career development step as an incentive for becoming a beat officer. To support this geographic based policing approach, changes may be needed in the Computer Aided Dispatch system, and dispatching policies, to try to limit the time beat cars spend outside their assigned beats. For example, consideration should be given to holding low priority calls until the beat car is available. This will help to further create a bond between beat officers and their beats. A key supervisory task will be to closely monitor his/her units to help maintain beat integrity. ° The person requesting police service should be notified that response will be delayed. This may also require changes in the CAD system and dispatching policies. The Police Executive Research Forum 53 409 of 757 Management Study of the Boynton Beach Police Department Other patrol officers should be assigned as "strategic response" cars and should be assigned to work on problems and problem areas highlighted through the CompStat process. If needed, a strategic response car might provide a back -up to a beat unit, but as long as all beats are covered their function is to address identified problems. By using its current allocation system, which has two squads working on each shift, the department should assign officers from one squad as "permanent" beat units and the other as " permanent" strategic response units. Beat squads should be composed of seven officers and a sergeant. Even with geographic responsibility, a lieutenant could continue to have overall command of the shift acting as a watch commander. Creating a system of dedicated beat officers will meet the desire of many of the community residents that expressed a wish for enhanced officer visibility and contact. Beat officers should spend some time getting to know the people in their assigned areas. The second squads should be composed of eight officers and a sergeant to focus on strategic response to CompStat identified problems. Current staffing is sufficient to allow for at least four or more strategic response cars on duty (allowing for normal absences). A possible allocation of beat and strategic response units is shown in the following table. 5 The department was not able to provide "actual officer availability" data. That is, officers are typically expected to work 2080 hours a year. However, from those 2080 hours, there arc losses to vacation, sick leave, holidays, jury duty (and other such leave categories), training days, etc. Ideally, the department tracks these losses and can provide the number of hours its officers are "actually available" to work assigned shifts. in the absence of these actual calculations, PERF relies on its experience with other departments in which these calculations have been available. Typical "Actual Officcr Availability" is about 1,550 hours a year. In younger departments, where less senior officer earn less leave, the number of available hour can increase to 1580 which is the number used for this staffing determination. This equates to a "show -up" rate of 76 percent. The Police Executive Research Forum 54 410 of 757 Management Study of the Boynton Beach Police Department This allocation will provide beat coverage from 0600 hours until 0300 hours and will allow two hour overlap coverage in the beats from 1530 until 1730, so that officers from both shifts have the opportunity to work on beat problems together. The total patrol force should, then, be composed of 60 officers, eight sergeants and four lieutenants. 4. The department should provide comprehensive community policing, problem solving and CompStat training. An important element in fully implementing a community policing approach will be training for the entire department. All police employees should receive an orientation about the department's approach. Those who become designated beat officers should receive in -depth training in community problem solving skills. The training should be timed so that they will be able to begin problem solving projects either as part of the training process or immediately after the training is concluded. If the new skills are not used immediately, the knowledge gain will fade and re- training may be needed if the delay between training and implementation is prolonged. The Police Executive Research Forum 55 411 of 757 Begins Ends Type Officers Platoon A Strategic 8 Al 0430 1600 Response A2 0600 1730 Beat 7 Strategic 8 A3 0430 1600 Response A4 0600 1730 Beat 7 Platoon B B1 1530 0300 Beat 7 Strategic 8 B2 1730 0500 Response 63 1530 0300 Beat 7 Strategic 8 64 1730 0500 Response This allocation will provide beat coverage from 0600 hours until 0300 hours and will allow two hour overlap coverage in the beats from 1530 until 1730, so that officers from both shifts have the opportunity to work on beat problems together. The total patrol force should, then, be composed of 60 officers, eight sergeants and four lieutenants. 4. The department should provide comprehensive community policing, problem solving and CompStat training. An important element in fully implementing a community policing approach will be training for the entire department. All police employees should receive an orientation about the department's approach. Those who become designated beat officers should receive in -depth training in community problem solving skills. The training should be timed so that they will be able to begin problem solving projects either as part of the training process or immediately after the training is concluded. If the new skills are not used immediately, the knowledge gain will fade and re- training may be needed if the delay between training and implementation is prolonged. The Police Executive Research Forum 55 411 of 757 Management Study of the Boynton Beach Police Department 5. The department should create a system of rewards and incentives to help implement its community policing approach. As the department moves further into commnunity policing and problem solving it needs to provide rewards and incentives to its employees that will demonstrate that this approach to policing is supported by the entire department. In addition to traditional awards for heroism and bravery, the department should commend outstanding problem solving and sustained community interaction. In many instances there will be members of the public and employees from other agencies who play critical roles in the success of recognizable problem solving achievements. Award ceremonies, open to the public, and covered by the media —even using media personalities as masters of ceremonies —not only rewards the recipients, but it demonstrates to the public how the police and community, together, can make a remarkable difference. Additionally, the department needs to encourage and reward beat officers. One method to do this is for the department to create a career development step for beat officers. This should be based on meeting minimum training objectives and sustained performance and should be accompanied with a pay increment as well as suitable uniform insignia to recognize the importance of their positions. 6. The department should ensure that it supports its community policing /CompStat model with accurate and timely information. The department currently produces crime analysis reports by district and by crime type. Maps are provided to assist with geographic interpretations of patterns. In a community problem solving approach, as is recommended above, analysis takes on an added importance. Crime and problem analysis is not only needed to assess reported crime, but also to assist in identifying "hot spots" that may be defined by crime reports, calls for service and self initiated activities. Weekly maps should be created to show where activity is concentrated so that beat officers can begin to explore reasons underlying why a location, block, or neighborhood is generating significant police attention. Increases in calls for services, even without increases in reported crimes, may indicate that the police need to The Police Executive Research Forum 56 412 of 757 Management Study of the Boynton Beach Police Department work with the community to solve a disorder problem before it grows into a crime problem. This should be a task for the strategic response units. Expanding the scope of crime analysis to include calls for service and self initiated activity will also help with both the analysis and assessment phases of community problem solving and determine the effectiveness of tactics used to respond to CompStat issues. Problems may be better defined when they include descriptions of all activity in an area. Also, decreases in calls for service or in the "targets of opportunity" that can generate officer initiated activity may be indicators of the success of a problem solving effort. Information will need to be readily available to both beat officers and strategic response officers. To make the current schedule work with community problem solving, beat officers will need to know what happened in their beat during their off days. Summaries of calls for service, self initiated activities, and reported crimes should be accessible every two or three days to correspond with when officers return to duty. Summaries of concentrated crime and /or disorder information need to be provided daily so that strategic response officers can direct their activity. Sergeants and lieutenants will need access to both beat and "hotspot" information so that they can best plan and coordinate the efforts of beat and strategic response units. The Police Executive Research Forum 57 413 of 757 Management Study of the Boynton Beach Police Department Other Organizational Components Budget Services The Support Services Administrator oversees the department's budget and the process through which it is prepared. (This title is a bit confusing as one of the department's two Majors oversees the, unrelated, Support Services.) This administrator handles all financial matters for the department and ensures the necessary document preparation in order for payment by City Finance. This position is also responsible for some grant reporting, reconciliation of cell phone and copier charges, petty cash, tracking uniform orders, and special projects as assigned by the chief of police. The budget preparation process runs from April to June each year, beginning with a review of the previous budget and any unmet requests that are still necessary. The chief and majors obtain input from managers throughout the department, review those requests and approve those that will be included in the proposed budget. The proposal is forwarded to Finance and is subject to review by the Budget Review Committee and the City Commission. The budget year is from October I "through September 30' The budget is item specific but includes a narrative of goals and objectives formulated by the chief of police. As is typical in police budgets, personnel costs for the 154 sworn and 35 civilian members are the largest item, consuming 83 percent of a nearly 19 million dollar budget. Budget increases have been constant over the past several years, with one decrease in 2003/2004. The current budget is more than 12% larger than last year's. Over 68% of that increase is attributed to higher personnel costs. After personnel costs, the cost of vehicle increases and replacement was the greatest. The existing labor contract now impacts vehicle costs, in that take -home cars are issued according to contractual agreements. Take -home cars are issued to sworn supervisors and managers, detective and officers with three years of service and who reside within 15 miles of the city. Over a three year period, this has committed the department to increase its fleet by 13 cars per year. The Police Executive Research Forum 58 414 of 757 Management Study of the Boynton Beach Police Department The department determines vehicle replacement according to years in service rather than a cost per mile basis used by many departments. Shared patrol vehicles —known as "hot cars" because they run around the clock —are scheduled for replacement every three years. Typically, it is reported, that odometer reading reach 90,000 miles after three years of "hot car" service. Take home cars, used for only one shift. a day and some commuter miles are retained for five years. The same replacement criteria exist for investigator cars and those issued to lieutenants. Administrative cars (command staff) are replaced after three years. Interestingly, there are no provisions for officers assigned to the SWAT team to be issued take home -cars. Maintenance costs are charged back to the department by the city automotive shop. Cars that are damaged by motor vehicle accidents are repaired under the city's insurance policy, unless they are close to replacement. Vehicles that are to be disposed of are sold at auction with sale income being returned to the vehicle replacement fund. This fund was established to permit an annual pro -rated amount to be deposited for each vehicle so as to provide for replacement funding when vehicles reach the replacement criteria. Overtime accounts for $704,000 of the current budget. Additional overtime expenses related to hurricanes are not included herein —they are handled outside of the police budget. The current overtime expense represents less than eight percent of the "regular time" salary budget. Overtime is always a concern, raising the question if additional personnel would be more economical. But some overtime cannot be eliminated. Call backs of specialty unit personnel, end -of shift - overtime, court, and overtime cost associated with training cannot be resolved by adding additional full -time personnel. From all accounts, the department is judicious in its approval of overtime expenditures. This level of overtime may be more cost effective than staffing alternatives. Recommendations 1. A review of the current budget, line by line, finds it to be lean with modest allowances for equipment and technology. Noticeably, the training budget was deeply pared down. The Police Executive Research Forum 59 415 of 757 Management Study of the Boynton Beach Police Department The original requests may have been a bit ambitious. But many of the topics requested are valuable and should be reconsidered in future budgets. 2. The department has undertaken a take -home car practice that offers two outstanding benefits. First, the maintenance cost of vehicles will decline noticeably. Officers with take -home cars care better for them: they keep them cleaner and maintained on schedule. Second, more police vehicles will be noticed in residential areas, which is generally appreciated by the public. The criteria for take -home issuance is reasonable, but for one point noticed by the PERF team. SWAT officers, who have a dual need for take -home cars (secure storage and ready access of specialized equipment, and a quick response capability) are not issued cars by virtue of their assignment. Though many SWAT officers are issued cars under the time -on and residency criteria of the program, this is an assignment that should be considered for inclusion in the progiun. 3. The city has plans underway for a new facility to house the police department by 2009. This is a critical need. The current facility is stretched beyond its limits in every way. Throughout this report there are notations about cramped quarters, shared offices, files being maintained in hallways, insufficient places to conduct meetings, interviews, recruitment activities, and the like. Even with plans for a new facility, there are space needs that should not be put off. The city should consider looking for off -site office space for some units to free up office space for others. For example, Training, Recruitment/Selection, and Professional Standards are functions are often found off -site in many police departments. Professional Standards A Lieutenant who answers directly to the chief of police commands the Professional Standards Component. At the onset of this project this component consisted of the Internal Affairs Section, Accreditation, and the Office of Media Relations. An impending organizational change subsequently did result in the addition of the Training Unit which includes recruiting and selection. Total personnel assigned to Professional Standards currently are nine sworn members and one civilian employee. There are two officers in Internal Affairs, one officer in The Police Executive Research Forum 60 416 of 757 Management Study of the Boynton Beach Police Department accreditation, one Sergeant in Media Relations, one other Sergeant who is a trainer and supervisor, one training officer, one recruiting officer, one sworn background investigator, and one civilian clerk. Reportedly, it is planned that the accreditation officer will be trained to engage in staff inspections but currently there are no such inspections being conducted throughout the department. Another plan under consideration, pending budgetary support, is to civilianize the Public Information Officer (PIO) position in order to allow the sergeant currently in that role to serve more actively as a supervisor, conduct inspections, and act as a back up PIO. The duties of the Professional Standards Commander include conducting reviews of all complaints, both internal and external, as well as case assignment for the IA unit. This includes: quality control of investigations and contacting of complainants at the completion of internal investigations; coordination and ensuring compliance with accreditation standards; review and revision of directives as needed, including the maintenance of a "directives web - site" that will be accessible to all employees once implementation is completed. Additional duties that are anticipated include the supervision and coordination of the Training Unit, which includes departmental recruiting and screening. This organizational restructure is currently a "work in progress" and will require the commander to fainiliarize himself with the responsibilities of overseeing these new functional areas. Internal Affairs Unit The Internal Affairs (UA) Unit currently is staffed by two sworn officers who are assigned as investigators and are supervised directly by the Professional Standards Lieutenant. Both investigators are highly trained officers with investigative backgrounds. Both investigate public or internal complaints of a serious nature and may be assigned to handle other investigations as specified by the chief of police. Complaints, Case Assignments and Findings The Boynton Beach Police Department Index Code #300 sets out the parameters of activity of the Internal Affairs Unit. The unit investigates or oversees the investigation of citizen complaints against department employees and allegations, from internal sources, of misconduct by department employees. According to the directive, it is the policy of the department to The Police Executive Research Forum 61 417 of 757 Management Study of the Boynton Beach Police Department investigate all complaints against the department or its employees, including anonymous complaints. Any supervisor of the depu can receive a complaint and is to provide a Citizen Complaint Package to the complainant. If the citizen does not want to fill out the complaint form, the supervisor assumes responsibility for completion of the package. If a supervisor is not available, the member hearing the complaint must record the name and contact information, which will later be turned over to a supervisor for follow -up. Upon receipt of a complaint, the receiving supervisor is to forward the complaint form to the Internal Affairs Unit via his/her chain of command. The Professional Standards Commander reviews the complaint and assigns responsibility for investigation to either an Internal Affairs investigator or a Division Commander. The Professional Standards Commander then sends a copy to the chief of police. All complaints are entered into the Internal Affairs database and assigned an "IA number" to facilitate tracking and archiving of investigations. The only exception to this process is found in Index Code 300, Section III F that allows supervisors to handle minor complaints outside the normal prescribed process. This can be done only if the complainant agrees to do so. The Internal Affairs Unit are assigned serious allegations of misconduct including; allegations of corruption, excessive force, civil rights violations, criminal misconduct or any other allegation deemed serious enough by the chief of police. Complaints of discourtesy, insubordination, lateness, neglect of duty or other minor infractions are usually assigned to the Division Commander who can then assign the actual investigation to a Lieutenant or Sergeant within the division. Internal Affairs investigations into allegations of serious misconduct are conducted with the thoroughness and detail that would be expected of an investigation into any major criminal case. Officers may be ordered to submit to a medical or laboratory examination for the purpose of detecting the presence of illegal drugs if reasonable suspicion exists. Additionally, officers may be ordered to submit to blood, breath, or urine tests if it has been determined by a supervisor that reasonable suspicion exists that a member engaged in on -duty alcohol use or was intoxicated while working. They may also be required to participate in a physical line -up and have their photograph taken. They cannot be compelled to submit to a polygraph or voice - stress analysis unless it is at the request of the employee being investigated, and it must be in writing. The Police Executive Research Forum 62 418 of 757 Management Study of the Boynton Beach Police Department Cases involving allegations of criminal- misconduct are conducted by the Internal Affairs Unit with the assistance of the State Attorney's Office in case preparation. Currently all police shootings and other officer involved serious injury cases are investigated internally by the police department's Criminal Investigations Unit along with Internal Affairs. In order to not violate the "Garrity" protections that apply to members of the department, the department waits until the criminal investigation is resolved before an administrative investigation is undertaken. The department at this time strives to have all investigation completed within 180 days which is proscribed by state law, however many investigations have reportedly gone on significantly beyond the state requirement. Upon completion of investigations into complaints or allegations of misconduct by members of the department, a report is submitted to include a statement of fact regarding the complaint, detailed investigative information and findings. As is standard in cases of this type throughout the profession, case findings include: Exonerated: The alleged act occurred but was justified, legal and proper. The action of the agency or the employee was consistent with agency policy. Sustained: The accused employee committed all or part of the alleged acts of improper conduct. Not Sustained: The investigation produced insufficient information to prove or disprove the allegation. Unfounded: The alleged acts did not occur. Policy Failure: Although the action of the agency or the employee was consistent with agency policy, the complainant suffered harm. Internal Affairs is to refer the deficient policy to Staff Inspections (currently not in existence) for review and revision. The Police Executive Research Forum 63 419 of 757 Management Study of the Boynton Beach Police Department The Professional Standards Commander reviews all completed final reports. If approved, the file is forwarded to the chief of Police. The investigated member receives a letter from the Professional Standards Commander indicating the outcome of the investigation and whether the department will proceed with a recommendation for disciplinary action for those charges that are sustained. This letter is issued within 24 hours of the chief's review and approval and indicates that the officer may review the file. The chief of police bears the responsibility for determining the discipline, however the officer /employee may request a meeting with the chief to discuss the case before the decision on discipline is made. Index Code 303 Disciplinary Process outlines disciplinary action available to address instances of misconduct. The various options available include: Guidance and Counseling: This is for minor violations of the rules, regulations and policy of the department. Most often this is at the discretion of a supervisor and is not formally documented in the member's personnel file. Verbal Reprimand: This is typically employed when a repeat violation of the rules and regulations takes place that cannot be adequately addressed through guidance and counseling. This action is documented on a department form and placed in the employee's personnel file. Written Reprimand: This is also used when repeat violations of the rules and regulations occurs. These actions are issued on a departmental form placed in the employees personnel file. Suspension from Duty, Loss of Leave, Transfer, or Demotion: These disciplinary actions are issued for deliberate or flagrant violations of the rules and regulations including impairment of the department's mission, bringing the department into disrepute, a continuing pattern of disregard for the rules and regulations, and cases where lesser applications of disciplinary action have failed to correct an employee's behavior. The Police Executive Research Forum 64 420 of 757 Management Study of the Boynton Beach Police Department Termination: If progressive discipline fails to correct an employee's misconduct or behavior prejudicial to the operation of the department or an employee's misconduct warrants disciplinary action greater than that described above, the employee may be dismissed from the department. The Professional Standards Commander is responsible for informing the complainants of the status of the investigations, periodically and at the conclusion of the investigation. Complainants receive written notification of the outcome within 24 hours after review and approval of the case by the chief or his designee. Citizens do not have any internal police avenue of appeal if they are dissatisfied with the outcome of the investigation and/or findings. The chief of police exercises final disciplinary authority involving all sworn and civilian members of the agency up to a one -day suspension. The chief may recommend to the city manager more than a one -day suspension —up to and including termination. The PBA/City of Boynton Beach collective bargaining agreement and the City Personnel Policy Manual governs the appeals process. Investigative File Structure and Workload The two investigators assigned to Internal Affairs maintain control over the investigative files. All files are stored in locked cabinets in a storage area accessible to only members of the unit. During the PERF team site visit to the unit, the file cabinets were locked and only one key was available —kept in a locked desk drawer. The Internal Affairs investigator unlocked/relocked the cabinet for PERF in order to demonstrate the security of the files. The Internal Affairs Unit office was found to be small and appeared to be somewhat cramped and certainly did not appear to be adequate, particularly while trying to conduct an interview or discuss a matter of confidentiality with some degree of privacy. PERF's review process included an examination of a random sampling of IA hivestigative Summary reports, which were found to be very thorough and professionally presented. Each report included a synopsis of the complaint, details of the complaint (including specific alleged The Police Executive Research Forum 65 421 of 757 Management Study of the Boynton Beach Police Department violations of BBPD Index Code), a synopsis of the investigation followed by details of the investigation, details of the findings and disposition of the charges. The reports reflected good attention to investigative detail, including witness and complainant statements. Review of experience and training of the IA investigators revealed that both have investigative backgrounds and road patrol experience. They were selected through a posted departmental selection process and have received training in Basic IA investigation, Interviews for IA investigators, Kinesics Interview, and are scheduled for training on IA PRO, the early warning system, as well as Shooting Investigations. Internal investigations training has been reportedly scant for field supervisory personnel assigned to conduct internal investigations in the various other components of the department. It was reported that a block of in- service training was offered some time ago for division and section level commanders on how to conduct an internal investigation, however this did not include sergeants. Internal Affairs Workload 2000 -2005 Year External Citizen Complaints Internal Complaints Total 2000 13 7 20 2001 16 8 24 2002 27 7 34 2003 30 11 41 2004 23 9 32 2005 22 7 29 Note: This only includes complaints that were actually assigned an "IA number" and does not include complaints that were handled infonnally by supervisors. Those numbers are not available, as they were not tracked. The Police Executive Research Forum 66 422 of 757 Management Study of the Boynton Beach Police Department Recommendations 1. Index Code 300 states that all complaints will be investigated by the Boynton Beach Police Department. However, the code also allows for the handling of minor citizen complaints by supervisors without any requirement of documentation for the action taken. The department should maintain a tracking system for all complaints that are made, regardless of the way it was resolved. The department is poised to adopt an Early Warning System (EWS). The value in such a system is the opportunity for the department to track all complaints, allegations, and other areas —if it so chooses —that provide input to managers regarding the well-being and risk potential of their officers. A well designed EWS is non - disciplinary in nature. That is, each complaint that is entered into the system has already been adjudicated on its own merits. Other than consulting the EWS for prior sustained infractions when determining progressive discipline in a current and independently sustained case, the entries in an officer's file in the EWS play no role in the adjudication of a current investigation. The purpose lies in the opportunity to identify trends or patterns of behavior that could benefit from intervention before they become a major problem for an "at risk" officer, the department or the city. Intervention could be in the form of confidential employee assistance, remedial training or non - disciplinary counseling. However, if all complaints or allegations are not entered because of their "inforinal" resolution, the value of the system and the potential benefit to a member "at risk" is lost. 2. The department should formalize the responsibility and the procedure to be followed should the findings of an internal investigation indicate that the behavior resulted from a policy failure. When the department's findings reveal that an officer conducted him/herself in accordance with policy, but a problem ensued because the policy is deficient or problematic under certain circumstances, the department has a serious obligation to correct the deficiency or strengthen the problem area so as to avoid future reoccurrences of problems with that policy. Failure to do so, puts officer and the department at risk. Though the department's codes call for such action, it fails to place The Police Executive Research Forum 67 423 of 757 Management Study of the Boynton Beach Police Department the responsibility to correct or amend the policy with a staffed function. The code should be strengthened by designating the unit responsible for policy review or amendment in such instances. Moreover, there should be a schedule for the review of all written directives. This could be developed in conjunction with the re- establishment of the staff inspections function, but every policy should come up for forinal review on a pre- determined rotation (every two years is typical) to ensure it is still useful and up to date. 3. The department should prepare a block of instruction on the proper completion of an internal investigation for those allegations of misconduct that are suitable for assignment to immediate supervisors. This training should be required for all current supervisory personnel and be a standard offering for all newly promoted sergeants. The department rightfully recognizes that there is no need for Internal Affairs to conduct every internal investigation. However, not all the field supervisors have been formally trained in the process. Without standardized training, the department risks maintaining a high degree of uniformity and consistency from unit to unit, and supervisor to supervisor. Though PERF's review finds no suggestion of inadequate or problematic investigations, even a hint of inconsistency in the adjudication of complaints against officers, leaves open the door to complaints of uneven and inequitable treatment. Training for field supervisors, in this area, helps to protect the department and the city. 4. The department's in- service training program should periodically include refresher training on the completion of internal investigations for sergeants and lieutenants. 5. The department's practice of conducting its own investigations into allegations of a serious criminal nature and officer involved shootings should be reevaluated. There is nothing improper about this practice, but many departments (especially smaller ones) have found that there is far less potential for allegations of a cover -up or that internal investigations were intentionally not thorough because of self- investigation. Additionally, in smaller departments it is frequently an issue when, after the investigation, the investigated officer and the investigator may be forced to work together in a strained relationship. These public trust and personnel concerns can be avoided. The Police Executive Research Forum 68 424 of 757 Management Study of the Boynton Beach Police Department The department could enter into an agreement with the Florida Department of Law Enforcement and /or the Palm Beach County State Attorney's Office when there is an allegation of serious criminal misconduct or an officer involved shooting. 6. Despite the state requirement that internal investigations be completed within 180 days, it was reported that in the past it was not unusual for an investigation to be held open as long as two years before completion. Though most who voiced this concern feel the problem no longer exists, the department should establish its own standard operating procedure that internal investigations will be completed within a fixed time frame unless extenuating —and documented and approved — circumstances prevail. Most police departments feel 45 to 60 days is a reasonable time frame. Extensions —in 30 day increments —can be granted by the chief of police, in writing, upon his review of a written request from the investigator in which the reasons for the extension are documented. When extensions push the completion of an investigation beyond 90 days, the complainant should also be notified in writing of the delay. All documentation and approvals relative to extensions should be maintained as part of the investigative file. 7. Staffing in Professional Standards is sufficient. The addition of responsibility for staff inspections will clearly add to the workload, but it should not require additional personnel. As the responsibility for handling additional internal investigations shifts to the field, the workload of the internal affairs investigators should be lessened slightly and they could assist with staff inspections work and possibly even with applicant background investigations. 8. The department should reconsider the possibility of civilianizing the Public Information Officer (PIO) position. Though there are some very capable civilian PIOs in police departments around the nation, there are some clear advantages to retaining this as a sworn position. The PIO is the face of the department to many citizens. He /she becomes the trusted face —on television and in paper —that speaks for the chief of police, demonstrates confidence, and reassures the public that the police are "on the job." Many The Police Executive Research Forum 69 425 of 757 Management Study of the Boynton Beach Police Department believe this is best done in the department's uniform. Not only does it lend itself to an image the public expects, it links the uniform to the officers working in the neighborhoods. Training Unit The Training Unit is organizationally situated under the Professional Standards Section of the department and is supervised by a sergeant who reports directly to the lieutenant who commands Professional Standards. This is a recent change. Previously, the training sergeant reported directly to the chief of police. Staffing in the Training Unit consists of four sworn members and one civilian employee. They are: one supervising sergeant, one officer assigned to recruiting, one officer assigned to background investigations, one officer who serves as the armorer and quartermaster, and one civilian administrative assistant /clerk. There are approximately 12 -15 officers throughout the deparhnent who periodically serve as in- service training assistants when needed. The duties and responsibilities of the Training Section are outlined in the department's Index Code 800. The training supervisor's responsibilities include the over -site of all departmental training, including in- service training, the monitoring of recruit training at the Broward County or Palm Beach County police academies, field training of new recruits, as well as the activities associated with the recruiting and screening (including conducting background investigations) of potential new employees. The current supervisor is an experienced sergeant with an extensive recruiting and training background and is also a member of the SWAT team and is a SWAT trainer. Being well - experienced in a wide array of training topics, the sergeant conducts numerous training sessions personally. He states that about 50 percent of his time is spent coordinating the FTO program, another 25 percent is spent in coordinating or conducting in- service training, and the remainder of his time is consumed by general supervision and unit administration. Along with the recent reorganization, comes much needed change in the overall management of the Training Unit. Under the former organizational structure, the sergeant answered directly to the chief, but there was a void reported in guidance and direction. Access to the chief was limited to "as needed." Historically, there has been no strategic plan or specific goals for the The Police Executive Research Forum 70 426 of 757 Management Study of the Boynton Beach Police Department Training Unit. This is still the case, but the reorganized chain of command is new and needs time to implement reviced management practices. There is recognition that the former reactionary nature of the training agenda (driven mainly by accreditation requirement, state mandated training, and overtime concerns) does not fully meet the needs of a progressive, growing police agency. The entire training staff works in a very small office where there is less than ideal space for the number of desks, people and files that need to be accommodated. There is no opportunity for private interviews or employee counseling, and it is certainly less than impressive to anyone who may be interviewing for a position with the department. Unit personnel arc trying to find adequate space to do their jobs as well as conduct training classes, but finding adequate space is routinely challenging. As was noted in several other components of the department, there has not been a history of regular staff meetings to ensure employees are fully informed of strategies, goals, expectations, progress, etc. However, the tight work environment, reportedly, does somewhat provide an alternative to meetings in that everyone is in full contact with everyone else each workday. The budget process for the Training Unit —as was prevalent among other departmental units —is more a matter of working with budget constraints than planning and managing the budget. Recruitment The department's recruitment effort is assigned to an officer in the Training Unit. This officer divides his time equally between recruiting matters and as an assistant training officer in the area of in- service training. Recruiting and selection of sworn personnel is governed by the department's Index Code 801. The designated recruiter is new to the position and is just learning his role and responsibilities. The recruitment of minority and protected class individuals is recognized as a priority for the department. However, recent recruitment efforts have not included any specific initiative aimed at minority or female recruitment (e.g. no special recruiting trips have been conducted to locations where individuals meeting these criteria could be expected in greater numbers). The The Police Executive Research Forum 71 427 of 757 Management Study of the Boynton Beach Police Department department's web site posts benefits for entry -level police officers (some of which were very attractive and competitive) but there is nothing to specifically attract targeted populations. Selection / Hiring Process The selection process is coordinated, under the supervision of the training supervisor, with the City of Boynton Beach Human Resources Department to insure that job openings within the PD are adequately advertised —both locally and regionally through print and electronic media — where appropriate. All advertisements are required to reflect that the City of Boynton Beach is an equal opportunity employer. Minimum requirements for all police officers are prescribed in Florida State Statute, Section 943.13. Advertisements indicate the minimum requirements and disqualifiers, but there is no indication of the preferred traits, background or educational attainment. Other than local recruiting and job fairs there are no plans that outline goals or objectives either for recruiting for the next year or into the future. All applicants are required to complete a 26- page employment application, which is labeled Personal History Questionnaire. This application demands a complete account of the applicants past. It serves as the basis for the agency to conduct a thorough background investigation. This may often take an applicant a week or longer to fill out and return. Once this is returned it is reviewed by the staff. This may take another week or longer. Once the review has taken place it is entered into the database and dated (the application is good for one year). The applicant is then eligible to take the written test given by the city HR department which is administered generally once a month. The test is sent to an outside contractor for grading which usually takes no more than two to three days. A B -Pad test is then scheduled in lieu of an oral interview by the department's training section. This is a video recorded exercise in which the applicant views a video tape of a practical situation and must lay out his/her response or course of action. If the candidate is successful regarding in all of the preliminary testing, a background investigator is assigned the file for investigation. This normally will take a minimum of a week to ten days under ideal conditions; but often it takes longer— especially if the background involves out -of -area confirmations. The Police Executive Research Forum 72 428 of 757 Management Study of the Boynton Beach Police Department Once the background has been finished, a conditional offer of employment is made and a physical as well as a psychological exam is scheduled with outside professional sources. This may take at least another 2 to 3 weeks. Once all of this is completed a decision is made as to hire, or not hire, and then the successful recruit is scheduled for the next recruit academy class. Those who are pre - certified can be placed directly into the FTO program. The table, below, depicts the applicant pool that was processes by the department in 2004 and 2005. *Hi refers to Hispanic and Ha refers to Haitian During the two years, 306 applicants were processed. White applicants made up 59 percent of the total group. Black applicants made up 13 percent of the group, Hispanic applicants made up 19 percent, Haitian applicants 7 percent, Asian and other race applicants accounted for less than 2 percent of the pool. Females accounted for 9 percent of the group and all non -White applicants together accounted for almost 41 percent. The 2004 population data provided by the department indicates that the white population of the city was almost 68 percent. The Black population was reported to be 25 percent. Hispanic and Haitian population percentages in the city were not specified. As is typical for police selection processes around the country, disqualification rates are high. Then, only the best of those who are not disqualified are actually hired. For example, the most recent recruit (April 2006) class that was selected from the 2005 pool of applicants consisted of only 14 recruits. The class make -up was: �AViTI it=VJRIIM • 2 White Females The Police Executive Research Forum 73 429 of 757 WM WF BM BF HiM* HiF* HaM* HaF* AM OM 2004 69 10 19 3 25 5 10 2 2 1 2005 96 6 17 1 27 1 10 0 1 1 *Hi refers to Hispanic and Ha refers to Haitian During the two years, 306 applicants were processed. White applicants made up 59 percent of the total group. Black applicants made up 13 percent of the group, Hispanic applicants made up 19 percent, Haitian applicants 7 percent, Asian and other race applicants accounted for less than 2 percent of the pool. Females accounted for 9 percent of the group and all non -White applicants together accounted for almost 41 percent. The 2004 population data provided by the department indicates that the white population of the city was almost 68 percent. The Black population was reported to be 25 percent. Hispanic and Haitian population percentages in the city were not specified. As is typical for police selection processes around the country, disqualification rates are high. Then, only the best of those who are not disqualified are actually hired. For example, the most recent recruit (April 2006) class that was selected from the 2005 pool of applicants consisted of only 14 recruits. The class make -up was: �AViTI it=VJRIIM • 2 White Females The Police Executive Research Forum 73 429 of 757 Management Study of the Boynton Beach Police Department • 2 Black Males • 3 Hispanic Males When comparing those actually hired to the applicant group and city demographics, some the following is noteworthy: • Whites made up 68 % of the city population, 59 % of applicants, and 64% of those hired in the last class. • Blacks made up 25 % of the city population, 13% of applicants, and 14% of those hired in the last class. • The minority population of the city is 32 %, minority representation in the applicant group was 41%, and for the recruit class hired, it was 36 %. • Female representation among the applicant group was 9% and 14% among those hired. Overall, the selections made by the department demonstrate an effort to hire a diverse group of recruits that fairly represents the city's overall minority population, though Black and Female representation in the recruit class is less than in the population of the city. With regard to adverse impact as it relates to the selection process, it is interesting to note that White, Black, and Hispanics applicants were hired at identical rates. That is, when comparing the number of those hired in each group to the number of applicants who were processed, White, Black, and Hispanic applicants were each hired at 5 %. Females were hired at 7 %. As such, there is no adverse impact demonstrated in the selection process for Black, Hispanic or Female applicants. The same cannot be said for Haitian, Asian or Other applicants, none of which were hired. Recruit Academy The department currently sends most of their recruits to the Broward County Police Academy held at the Broward Community College in Ft. Lauderdale. The alternative is the Palm Beach County Criminal Justice Academy held in Lake Worth at the Palm Beach Community College. The academy requirements are prescribed by state statute and are monitored for quality by the The Police Executive Research Forum 74 430 of 757 Management Study of the Boynton Beach Police Department Florida Department of Law Enforcement Standards and Training. Classes are held three -four times a year or on an "as- needed basis." All academy instructors have to meet state standards in order to be certified to teach in the academy. After the completion of the state academy classes, the recruits are provided with over 100 hours of orientation by department on such things as high liability policies and procedures, fireanns and other weapons familiarization, and other customs and policies of the department, before actually beginning the FTO program. Field Training Officer Projzram The successful completion of all components of the recruit academy allows the student officers to transition to the Field Training Officer (FTO) Program. The recruit FTO program is managed by the supervisor of the Training Unit whose job it is to ensure that all records and requirements of the FTO program are fulfilled. The recruit officers, once they have completed the orientation phase of the program, are assigned to the patrol operation and their day -to -day supervision is managed within that chain of command. The training supervisor communicates regularly with the patrol division supervisors and field trainers to insure quality control. Currently there are 17 FTOs, 16 are certified and one is awaiting the standard 40 -hour academy FTO training. The FTOs are volunteers. The criteria for FTO selection is promulgated through the department's hldex Code 802 (Field Training Program). The decision as to which of the FTO s will be paired up with each trainee is the decision of the operations commander in patrol. Although the Training supervisor has no input into the day -to -day operations of the FTO program, there is good communication on a regular basis between training and field operations concerning the status and progress of a trainee. The FTO program is a minimum of 14 weeks in duration, and is conducted in 4 phases. Phase 1 is the orientation program of over 100 hours. During this phase the recruits are still assigned to the Training Unit. Once orientation is completed, the recruits move on to the additional 3 phases, which are conducted in the field under the supervision of the FTOs and their operational supervisors. Close examination of the program reveals that it is very well organized and well The Police Executive Research Forum 75 431 of 757 Management Study of the Boynton Beach Police Department documented. There is a set of Standardized Evaluation Guidelines that provide guidance for objective scoring of the recruits in 31 different dimensions of performance. During the course of the program trainees are assigned to at least three different FTOs. Although there has been some customization, the FTO program is modeled primarily around the San Jose Model Field Training Program that has been in existence for over 30 years. Officers are evaluated with Daily Observation Reports (DOR), which were completed electronically for several years. Recently, because of a change in the policy that governs assignment of personal computers, these reports must be completed, manually, in hard copy. However, it was reported that computer generated reports were also not without difficulty. Occasionally reports became missing because of what appeared to be a software problem. Examination of random samples of field training files revealed some incomplete files which substantiates the problem. Several other files examined appeared to be complete. The system of reporting and feedback on a recruits progress is monitored very closely by the training Sergeant. The reporting requirements on recruit performance are quite extensive. Besides the DOR, there are requirements for a synopsis report at Mid - Phase, a Side Evaluation Session report, an End of Phase report, a Probationary Officer Bi- weekly Evaluation report, a Field Training Sergeant Performance Appraisal, and a Remedial Training Worksheet documenting any remedial training that was conducted with a recruit to help him/her improve a deficiency. The program also calls for regular meetings between supervisors and the trainee for the purposes of discussing the details of a recruit's progress and any need for special remedial training. The program also allows for the recruit officer to evaluate his/her trainer at the end of each phase. Details of the program are outlined in the FTO Officers Manual and The FTO Trainee Manual. Overall evaluation of the program revealed a formal process to select qualified FTOs, with each FTO receiving 40 -hours of formal "FTO Train the Trainer" training. The program is well managed and well documented. The Police Executive Research Forum 76 432 of 757 Management Study of the Boynton Beach Police Department In- service Training Standard in- service training for officers is focused on fulfilling 13 categories of training required by the Florida Department of Law Enforcement Standards and Training, Florida Accreditation, the City of Boynton Beach or the department, itself. These include the following: • ASP (Accreditation) Every 2 years • Blood borne Pathogens (Accreditation) Yearly • CPR (Accreditation) Yearly • Domestic Violence (FDLE) Every 4 years • Human Diversity (FDLE) Every 4 years • Juvenile Sex Offenders (FDLE) Every 4 years • OC Spray (Accreditation) Every 2 years • Police Driving (City) Every 4 years • Firearms Qualifications (Dept) Twice Yearly • SALTS (FDLE) Every 4 years • Specialty Impact Munitions (Accreditation) Every 2 years • Taser (Accreditation) Every 2 years • Use of Force (Accreditation) Once yearly Firearm training consists of completing a qualification course twice annually. The department has a "Range 2000" interactive training program and has access to a range. The interactive simulator has been available for the past several years; however, it was not utilized until the present chief was appointed. The simulator requires about. 20 minutes of an officer's time to run through flu different shooting decision scenarios. It is now being incorporated to enhance the two yearly firearms qualifications. Supervisory Training In- service training for department supervisors and managers is rare as most of this is accomplished through the Criminal Justice Academies of the two local community colleges. There are no supervisory training requirements prior to promotion; however, anyone promoted to sergeant is required to attend the "Line Supervision" 80 -hour course at the local criminal justice The Police Executive Research Forum 77 433 of 757 Management Study of the Boynton Beach Police Department academy. A '`Middle - Management" 80 -hour course is also offered as a follow -up to Line Supervision. Many of the supervisors and managers of the department have attended the Southern Police Institute Command Officers course that is made available in the area once or twice a year. Career Development / Specialized Training Opportunities The department utilizes a civilian Computer Support Specialist assigned to the Training Unit to manage the in- service and specialized training function. The coordinator publishes "available training" announcements for both general and specialized training by posting it on the department bulletin board. Officers interested in attending the specialized training must complete a Training Attendance Request and forward it through their chain -of- command beginning with their immediate supervisor. The officer's request can be denied at any level of the chain up to the chief of police. If the request is denied at any level it is returned to the coordinator with an explanation for the denial. Each request is logged into the officer's training file (electronically) so that a record may be kept of the request. Approved requests are also returned to the coordinator to be logged into the record. The coordinator makes travel arrangements and fills out the proper paper work for budgeting purposes. A review of random electronic training files of officers reflect the name of the officer, name of the course, number of hours, date, location and instructor of the course. Each officer's complete training record can be produced in a matter of a few minutes. Although there appears to be no specific requirements for supervisors to review an officers training file in conjunction with their yearly evaluation, it is reported that supervisors do come to the coordinator requesting that she find particular schools that will aid their officers in improving their skills. Overall it appears that the department is very supportive of officers' efforts to improve their skills through specialized training opportunities. Random review of officer training files reflects a significant amount of training received through in- service or outside specialized training opportunities. The Police Executive Research Forum 78 434 of 757 Management Study of the Boynton Beach Police Department Recommendations 1. The Training Unit should develop a forward - looking training plan that specifies it objectives for multi -year period. The plan must continue to consider the mandates of the state and accreditation, but it should address the needs of personnel, and input from command and supervisory personnel as well as officers. Training topics should include problem areas identified by internal investigations, officer and FTO evaluations, risk assessments and litigation, citizen complaints (and perceptions), newly reported best professional practices, professional publications, and more. From these identified needs, and in consideration of budget limitations, training goals can be established. Managing the plan, and the budget that supports it, should an interactive process. Like any effective plan, accomplishments need to be tracked and the plan must be flexible based on measures of effectiveness and intervening priorities. 2. The lieutenant and sergeant should regularly (monthly) and formally meet with the training staff to ensure that established goals and priorities are on track and that impending roadblocks are identified well in advance. Though this is a close -knit group — in tight quarters — regular discussion, efforts at problem - solving, and documentation of issues helps to keep goal accomplishment on track. 3. The current lack of space in the training office is contributing to significant interruptions and is not conducive to the efficient operation of the unit. This is also the place where a potential recruit's first impressions of the department are formed. It is hard to convey to an applicant that this is the police department he will want spend decades with, when the conversation is taking place in cramped quarters without any privacy. Many departments have found it worthwhile to invest in a space conducive to recruitment activities —where displays and materials put the department's best foot forward. Given the department's limited recruitment needs, this could be a shared conference room or other suitable place. 4. The department needs to establish recruitment goals and develop an action plan to meet them. It is apparent that the department understands and seeks to recruit and hire a The Police Executive Research Forum 79 435 of 757 Management Study of the Boynton Beach Police Department diverse mix of applicants for its police officer positions. The make -up of the most recent recruit class demonstrates this. However, there is much room for improvement. At the time of this report, the department's sworn strength was 130 (not including those in the recruit academy). Of those 130, some 80 percent were White. The remaining ten percent were Black, and the total number of sworn Females was ten percent. With a Black population of 25 percent, the department is significantly under - represented. Moreover, a review of the assessment completed by Murphy, Mayo and Associates in 1992, shows that the department was 98 percent White and two percent Black then. An increase from two percent to ten percent (eight Black officers) in twelve years shows that the department has more progress to make. But the ability to hire a diverse mix of officers depends on the department's ability to attract a richly diverse pool of applicants. Attracting applicants is not accidental, it requires a plan and it must be carried out. The plan should focus on the current under - representation and the future needs of the department considering the growth that is occurring within the city. However, effective plans are not without cost. The city must understand that a commitment to recruiting excellence and diversity will require budgetary support. 5. The department should identify the traits and characteristics it seeks among recruits. This could include a customer orientation, problem solving abilities, communications skills, adaptability, and a good work ethic —in addition to the standard expectations of integrity, honesty, loyalty, etc. Additionally, the department should determine how many minority and female applicants it needs to attract in hopes of qualifying a sufficient number for hire. Recruiters should then target recruitment markets where there is an expectation of attracting a diverse group of applicants possessing the desired attributes. This can include high - minority enrollment colleges and military discharge centers. Some departments have found success focusing on college sports teams, while others (with mixed success) look to raid other police departments. College recruitment goes well beyond attending career days. It entails arranging to speak in the classrooms to student long before their senior year. Some successful recruiters say it is akin to colleges The Police Executive Research Forum 80 436 of 757 Management Study of the Boynton Beach Police Department recruiting athletes. It becomes a matter of identifying who you want and aggressively seeking their application. 6. Effective recruitment requires the tools to get the job done. The best applicants seek out a competitive salary and benefits, but they are also attracted by the department's marketing effort. This means recruiters should have access to impressive printed materials about the department. The department may want to put together a short video production that highlights the best reasons to work for the department, and a professional mobile display should be available to take to recruitment opportunities. Though the department's web page offers hiring information, the current layout does not offer encouragement to minority or female applicants. 7. The department should strive to reduce the time it takes to complete the selection process. All too often, the most attractive recruits are sought after by multiple departments, and frequently good applicants are lost to the departments that can bring them on board first. When someone needs a job —after college, the military, or relocation — family and financial obligations often do not permit them to wait, months on end, not sure if they will be hired. The current selection process is too lengthy. The department should work to shorten or streamline the process. For example, the 25 -page application that must be filled out by a prospective applicant before the process can start is ill placed. A brief application that simply seeks to verify minimum qualifications takes less time to complete, screens out the clearly disqualified, but encourages others in that they quickly move to the next step in the process. Moreover, the current questionnaire is time - consuming and costly for the department to process. It would be more useful and cost - effective later in the process. 8. The FTO program is well designed and properly administered, but evaluative documentation could be strengthened if computer generated. The change in policy that assigns computers to cars and not to officers has resulted in some reports being completed manually, and less completely. In keeping with not only the best possible FTO program, but also the benefit of building the computer proficiency of recruits The Police Executive Research Forum 81 437 of 757 Management Study of the Boynton Beach Police Department working with an FTO, an exception should be considered to assign personal computers to FTOs. This would allow for irmnediate retrieval of reports and significantly speed up the process. Additionally, the software program used for FTO reporting should be reviewed and corrections made in order to insure reliability. 9. Although the practice of allowing new trainees to evaluate their trainer is a good one, evaluation should be held until the recruit has cleared the FTO Program and can be more objective regarding the trainer. It is doubtful that a trainee who may be having a problem with his /her trainer is likely to express negative views about that trainer while still under the auspices of the FTO program. Code Compliance The Code Compliance Unit was formerly attached to the Building and Zoning Division and is now attached to the police department. The Code Compliance Unit administrator reports directly to the chief of police. The staff complement for the unit includes eight compliance officers, three clerical assistants, and one administrative assistant. The eight compliance officers provide coverage between 7:00 am and 5:00 pm weekdays. One half of the compliance officers will start at 7:00 am and the other half will report for duty at 8:00 am. Every eight weeks each compliance officer will cover a Saturday shift from 7:00 am to 3:00 pm. The unit's key responsibilities include the following: 1. Enforcement of the Community Appearance Code a. Exterior paint issues b. Fencing issues c. Trash issues d. Abandoned autos 2. Permitting and Licensing a. Enforcement of building permits 3. Designation and destruction of unsafe structures The Police Executive Research Forum 82 438 of 757 Management Study of the Boynton Beach Police Department 4. Licensing of Single Family Rental Units 5. Monitoring of Unlicensed Building Contractors The issue of unlicensed building contractors has become a major issue in the months following the hurricane season. Unethical and fraudulent building contractors have flooded the area in response to the need for post -storm rebuilding The Code Compliance Unit will lead a team of compliance officers, police officers, and building inspectors to address complaints of unethical or incompetent conduct on the part of unlicensed and licensed contractors. Compliance officers receive approximately 10 new cases per day per officer. Approximately 10% of all cases will see an immediate conclusion, or compliance, after a verbal warning. The remaining 90% of cases will require a written warning that cites a 10 -day time limit for compliance. Only 10/0 of the 10 -day warnings result in the issuance of a violation ticket. Members of the unit are struggling with a software package they are using for case management. The system was initially intended for management of utility billing accounts. All permitting and licensing records are stored in this system, thereby creating the requirement for use by the Code Compliance Unit. Ideally, the members should have access to the case management functions available through CrimeWeb. The members of the unit are not wireless capable at the present time. Time on each case is extended because officers are forced to travel back and forth from the office to conduct the necessary records searches. Officers also tend to handwrite their reports in the vehicle to reduce the number of return trips to the office. This practice is duplicative, however, since each report has to be entered into the computer system by the officer at the end of shift. The members of the unit enjoy good working relationships with the police department and the county health and housing departments. Indeed, the members of the unit often cooperate with the police department in specific problem - solving projects undertaken by the police department, including assisting with vice sting operations on stripper bars. Code compliance officers are also The Police Executive Research Forum 83 439 of 757 Management Study of the Boynton Beach Police Department seeing an increased need to coordinate their own efforts with the police, especially when dealing with animal complaints, while serving civil citations, and while serving sexual offender notices (limits on where sexual offenders can live within a 2500' proximity to schools and other areas where children congregate), issued under the authority of the Code Enforcement Board. In support of police efforts to reduce alai calls, the code compliance members manage and issue all violations under the Alarm Code. Under the current Code, the first 3 false alarms in one calendar year receive a warning. The 4th through 6 th incidents of false alarms will result in a sliding scale of penalties from $25.00 to a maximum of $100.00 per violation. Recommendations 1. The alignment of the Code Compliance Unit with the police department has proved to be a workable and mutually useful arrangement that should continue. Compliance officers feel that their high rate of success in gaining compliance is partly attributable to the fact that warning letters are written on police department stationary, and signed by the chief of police. Police efforts in addressing specific quality of life issues are complemented by the ready presence of code compliance officers and mobilization of their specific competencies and responsibilities. 2. This unit is effective at what it is charged to do, but opportunities to work in greater cooperation with CAT efforts and enhanced patrol problem solving (as recommended throughout this report) could be achieved if code compliance worked within Community Services (as recommended in the "organization" section of this report). 3. Code compliance officers should be issued police radios since much of their work involves police - related issues. Of specific concern are code compliance activities such as service of sexual offender notices, dealing with animal control complaints, and with service of civil notices. While not inherently dangerous activities, they each carry the potential for adverse reactions by the involved parties. Ready access to police back -up under these circumstances is appropriate. The Police Executive Research Forum 84 440 of 757 Management Study of the Boynton Beach Police Department 4. Efforts should be made to provide limited access to the case management capabilities of CrimeWeb and enhanced technology for members of the Code Compliance Unit. Uniform Services Under the command of one of the department's two majors, this comm is the largest in the department. The major is assisted by a lieutenant and an administrative secretary. He oversees the two Patrol Shifts, and the Administrative Lieutenant who commands Special Services, the newly created Community Services, and the Traffic Unit. In total, the major is directly responsible for five lieutenants. Administrative Lieutenant The recently created position of Administrative Lieutenant is responsible for a number of administrative duties that fall to oversight of the Uniform Services Major. At the time of PERF site visits, this was the function of a sergeant. As the administrative assistant to the major, the lieutenant handles incoming inquiries and complaints from citizens and officers, passes down direction from the major, and an assortment of other varied duties. The responsibility for overseeing the uniform services of any police department is considerable. Patrol consumes the largest portion of departmental staffing. The number and frequency of issues that arise can be time- consuming. Departments this size, and larger, rely on positions like the Administrative Lieutenant's (at varying rank levels) to provide a wide array of assistance to ensure seamless patrol, traffic, and support operations. Special Services At the start of this assessment of the department, this function was the responsibility of an Administrative Sergeant who was organizationally assigned directly under the Uniform Services Major. However, as is typical and noted throughout this report, police departments are rarely static organizations. This responsibility has since been reassigned to a full -time Special Services Sergeant's position, which now oversees the K -9 Unit, and the Marine Unit. The Police Executive Research Forum 85 441 of 757 Management Study of the Boynton Beach Police Department Details As a collateral duty, this sergeant administers the department's Secondary Employment (Details) function. This entails arranging for personnel to work approximately 300 details every month. Some are long- standing, with the same contractors, but others arrive on short- notice and are one- time events. A list of the recurring details is distributed to officers via email and assignments are based on seniority, while shoit- notice details are posted for a first -come, first -serve basis. There are currently no restrictions on the number of hours that officers can work details in a specified period, except that the maximum detail cannot be more than 12 consecutive hours for any officer. It was reported there had been limits, but the advent of the 11 %z -hour day made them impractical. The policy is slated to be rewritten, but it has not yet been done. Billing for the detail of officers, and vehicles if used, is handled by the department, and officers are paid by the city. The sergeant spends roughly fifteen hours a month working on the duties related to details. Marine Unit The marine unit has not been staffed due to personnel shortages. As staffing permits this summer, the intent of the department is to deploy two officers to the marine unit. This would allow minimum work in some 2' /z miles of inter - coastal waterway and the ocean beach, providing a measure of water safety (rescue), some drug interdiction with the Palm Beach County Sheriffs Office, and customs and immigration work with federal authorities. The department has a 32 foot V -Hull vessel that has been in storage while the Marine Unit was not a fully staffed unit. It is reported that, at times when staffing has permitted, officers who had been formerly trained in marine operations have conducted occasional marine patrol. In anticipation of the unit's re- establishment, the department has ordered a 22 foot Rigid -Hull vessel for use in the city's many fresh -water canals. The intention is to keep the V -Hull in ready condition, in a slip, while the Rigid -Hull would be kept dry until needed. The Police Executive Research Forum 86 442 of 757 Management Study of the Boynton Beach Police Department Recommendation: 1. Being a water -front city brings marine responsibilities to the array of police services that need to be provided. Staffing the Marine Unit will require that a sufficient number of officers are assigned so as to provide adequate officer safety. Safely operating a 32 foot vessel will require at least two officers; three would provide a greater measure of safety. To ensure two - officer coverage 16 hours a day, seven days a week, requires 7.4 (rounded to 8) officers to be assigned .6 If the Marine Unit is re- established to operate only operational 8 -hours a day, 4 officers should be dedicated to this function. Canine Unit The department has four canine teams that are deployed with patrol platoons. They work 10' /z shifts that correspond to the patrol day -night deployment pattern, but their day is one hour shorter to permit the dog handlers extra time to care of their animals. This is a standard practice, nationally. The teams work for the patrol sergeants on a daily basis, and the patrol sergeants evaluate their work. Canine teams will respond to calls that are dispatched close -by, but they are not normally part of the zone deployment scheme. They work, at- large, unless staffing shortages demand otherwise. For administrative purposes, they answer to the Special Services Lieutenant. Normally, it is ill- advised for any officer to answer to two superiors. It violates the premise of "Unity of Command." But in this instance, it is an efficient way to ensure the special needs of the canines are handled uniformly, rather than having four patrol sergeants bogged down with special procurement and training needs. 6 The department was not able to provide "actual officer availability" data. That is, officers are typically expected to work 2080 hours a year. However, from those 2080 hours, there arc losses to vacation, sick leave, holidays, jury duty (and other such leave categories), training days, etc. Ideally, the department tracks these losses and can provide the number of hours its officers are "actually available" to work assigned shifts. in the absence of these actual calculations, PERF relies on its experience with other departments in which these calculations have been available. Typical "Actual Officcr Availability" is about 1,550 hours a year. In younger departments, where less senior officer earn less leave, the number of available hour can increase to 1580 which is the number used for this staffing determination. This equates to a "show -up" rate of 76 percent. The Police Executive Research Forum 87 443 of 757 Management Study of the Boynton Beach Police Department Canine training demands special attention. The department employs private trainers and sometimes takes advantage of outside agency training, but all trainers need to be state certified. In- service training takes place weekly, for a four -hour period. Three officers train together, while the fourth works with the on -duty patrol platoon. This requires some shift adjustment or compensatory -time approval for those involved in the training. The department does not have a suitable training field for canine training exercises, so they make do with a field at a local warehouse. Handlers keep their canine partners at home. if the officers chose to keep the dogs in a kennel or secure dog -run at their home, it would be at their own expense. Kenneling while the officers are away is done under contract at a local veterinarian. Medical care and food is handled the same way. Canine deployment varies, but estimates suggest that each team is called to six to eight incidents a month. This does not include the calls they respond to because they are in the area. As is typical for canine deployment, they respond to building searches, in- progress calls, incidents in which a person needs to be tracked, and when drug detection is at issue. All of the department's canines are drug trained. Building searches are conducted off -lead and dogs are trained to `Bite and Hold." It was reported that no canine bite has resulted in litigation or compensation in over a decade. Recommendations: 1. The `Bite and Hold" canine training should be reviewed. The department has not experienced any problem as a result of this practice and it appears the handlers take their responsibility seriously, keeping their partners well controlled. But many departments around the nation have been the subject of serious litigation because of "Bite and Hold." This is especially true in "off lead" situations. Departments that employ `Bark and Hold" training find their canine teams are just as effective, but with less risk. 2. The practice of deploying canine teams with patrol is a good one, but it may discourage other use of canine teams. CAT operations, especially when drugs are involved, could benefit from canine presence. There is no suggestion that canine is not available for The Police Executive Research Forum 88 444 of 757 Management Study of the Boynton Beach Police Department support, but rather that it may be overlooked when it could be of value. The Special Services Sergeant, the Patrol Sergeants, and the Community services Sergeant should coordinate the use of the canine teams to ensure a maximum advantage. 3. Canine staffing appears to be adequate for the present. Four teams —one per patrol platoon —does not provide any opportunity to back -fill if a team is on leave. But considering shift work, back - filling would require constant shift adjustments for a fifth team, which is impractical. Community Services The department just created this unit. The functions of this unit (CAT, Community education, and PAL) had previously been assigned to Special Services. The unit is headed by a sergeant. Community Action Team The Community Action Team (CAT) is staffed by four officers who serve a dual purpose. Plans were in place to expand the team by one additional officer. Working eight -hour days, the group devotes half of it's time — typically the fist half of the day —on bicycles making an effort to engage people on the street and maintaining high -level of visibility. The team has ten bicycles, but only uses four. At the time of the site visits, two officers were not yet bicycle certified. In fact, other than bicycle certification, no specific training is provided to team members upon corning into function, nor are officers picked because of any prior training or existing skills. The second half of the day is spent following up leads, making traffic stops, conducting warrant checks, malting contacts, and essentially conducting street- narcotics enforcement activities. On occasion the team conducts prostitution stings. The team is assigned two marked and two unmarked (non -police type) vehicles for this purpose. Members of the team feel they have made good contact in the neighborhoods and that they are well regarded by the citizens who would like to see community improvement. This was supported by many of the persons who attended the PERF led focus group meetings. The Police Executive Research Forum 89 445 of 757 Management Study of the Boynton Beach Police Department CAT works, in pairs, in problem neighborhoods and may be directed by crime analysis reports, patrol information, or intelligence from any number of sources. Officers report that the community especially likes the "Community Concern Cards" that are handed out to citizens on which they express concerns that they would like the police to address. The cards are in fact post -cards that list types of problems and provide a space for the public to identify problem locations, and themselves, if they so chose. Reportedly, the information provided on these cards has led to some opportunities for the team to make arrests and eliminate problems in the neighborhoods. For the most part, it was reported, the team's work is self- directed with little in the way of assignments that are directed in conjunction with patrol or investigative efforts. The Lieutenant overseeing the team indicates crime statistics play a role in work assignments but agrees that 70 percent of the team's work is self initiated. All the team members interviewed agreed that there was more than enough work to consume the team and to justify adding personnel. In addition to the bike and enforcement work, the team also handles calls for service and backs - up patrol officers when a call for service is dispatched near to where they are working. Officers on the team and in patrol agree that their relationship is good and that information is shared for a common goal. There are, however, times when information held by the CAT team is related to an operation yet to unfold and therefore it is not shared. CAT information is regularly shared via email so others in the department can see what CAT has been working on. The Community Services Sergeant offers that performance of team members is not related to statistics, but rather focused on outcomes, such as decreases in crime in the areas where they are concentrating their efforts and attitude changes in residents. Many members of the team, including managers and supervisors recognize that their work sometimes just causes displacement of crime from the areas they work to adjacent areas and other parts of the county. Recommendations: 1. The CAT team provides a high - visibility bicycle patrol that appears to be desired by many in the business communities and residential neighborhoods. However, with four The Police Executive Research Forum 90 446 of 757 Management Study of the Boynton Beach Police Department bicycles in play for four hours a day, five days a week, they are stretched thin. Moreover, their scope of operation is aimed at problem neighborhoods where they can make the most impact, and they split their time with visibility and directed enforcement. This is appropriate, but it does not fully meet the potential for bicycle deployment or community policing. The department should consider certifying a number of patrol officers for bicycle deployment and when the strength in patrol is at a sufficient level, these officers could be deployed in other areas where visibility, not tactical/operational objectives, are foremost. These officers can still perform patrol functions, but in a more visible way. By cross training patrol officers, they stand ready to assist in the event of large -scale CAT operations or events where bicycles would be more effective. It also provides a cadre of officers who could be excellent candidates for rotation into the team in the event of vacancies or team growth. When the department's overall strength reaches adequate levels, one effective practice would be to rotate interested patrol officers into the team for a period 30 – 90 days. 2. Officers bought into any specialty unit should have benefit of both on -the -job training and formal training to make them more proficient. CAT training should include bicycle certification, street -level drug enforcement, and developing informants at a minimum. 3. Work assignments for CAT should not be largely self - directed. That is not to suggest that tips and leads do justify follow -up, but that the department should maximize the analysis of crime and calls for service data to determine where CAT can have the greatest impact —when their efforts are combined with patrol, investigative, and other specialty unit resources. Mangers should be developing strategies for effective enforcement and problem solving aimed at specifically targeted problems. Assignments should plan and consider actions that are intended to eliminate problems rather than displace them to other areas. This is not always easy, but simply moving problems around is not effective. 4. The CAT should also identify areas in which foot patrol would be useful. In certain neighborhoods as well as in business and shopping areas, the public could be even better The Police Executive Research Forum 91 447 of 757 Management Study of the Boynton Beach Police Department engaged by officers on foot. At times, it would be useful to team up with code compliance personnel to identify projects that could benefit from involvement by both entities. Some problems are only properly solved when several agencies apply resources. CAT can take the lead in bringing the needed resources together under a team approach to problem solving. 5. Despite the fact that CAT spends a great deal of their time on street -level narcotics enforcement, there is little or no coordination between CAT and the department's Vice Intelligence Unit. Admittedly, they are focused on two different levels of drug enforcement, but there are common players who should be known to both. The Community Services lieutenant and the lnvestigative lieutenant should ensure that maximum coordination and the sharing of appropriate information takes place. 6. The Community Concern Cards have proven to be a good idea that has led to arrests and problem resolution. However, the postcard design calls for the tipster to identify himself on an open postcard. It is unlikely that anyone will identify themselves. The card should be designed to fold over and be self sealed. This is not a big issue, but personal contact with potential informants can be a valuable asset for the future. The current design does not encourage self- identification. 7. The daily activity reports completed by team members are useful to inform other units of their general activities, but the sergeant should compile a spreadsheet or maps that document when and where deterrence and enforcement activities are concentrated. This will permit better comparison against crime analysis reports for the sake of charting progress and outcomes that result from CAT efforts. 8. From all indications there is enough work and a desire among the public to increase staffing in this unit. The department is contemplating the addition of a fifth officer. For safety reasons officers on bicycles are best deployed in pairs. Allowing for time off, five officers would provide four (two pairs) on most days. Though there are sufficient quality of life matters that the team could address with added strength, if the recommendations in The Police Executive Research Forum 92 448 of 757 Management Study of the Boynton Beach Police Department this section were adopted, CAT staffing of five would (with assistance from the sergeant) be minimally sufficient, and six would be ideal for now. Additional team staffing (beyond six officers) should be put off until the recommended targeted enforcement measures demonstrate successful outcomes. Community Education The Community Education function consists of two officers who answer to the Special Services Lieutenant. Until just recently one officer handled this function. These two officers are responsible for all volunteer programs including the Citizen Observer Program (COP), crime prevention programs, and they administer the Citizen's Police Academy. These officers work day shift hours Monday through Friday, but frequently flex their hours in order to attend meetings in evening hours. A third officer, also working a flexible weekday, day shift administers the department's Police Athletic League. This effort consists largely of athletic team sports in the nine and under and fourteen and under age brackets. The officer operates out of the Ezell Hester Community Center, where a great many of the city's minority youths congregate. From all accounts this officer has developed a strong relationship and enjoys a good reputation with local juveniles. The department has organized 22 volunteers, who volunteer their time to conduct patrol activities. Before being accepted, these individuals are subjected to a background check and they must attend a 16 -hour state certified training program. They report for duty, in uniform, in four - hour increments and patrol in one of three specially marked vehicles. They are can direct traffic, relieve officers on accident scenes and wait for tow trucks to arrive, assist with traffic on fire - ground scenes, work special traffic details, and they can write traffic citations and testify in court. When they report for work they go in and out of service on the police radio. Since 2002, when the program started, they have proven to be a valuable resource, writing as many as 80 percent of the city's parking citations. As valuable as these volunteers are, there is a feeling among some of them that they could be utilized to a greater degree. The Police Executive Research Forum 93 449 of 757 Management Study of the Boynton Beach Police Department The other volunteer program administered through Community Education has a greater number of volunteers, but much more limited authority. The Citizen Observer Program boasts some 1800 volunteers who represent specific neighborhoods within the city. These volunteers operate out of nine specially marked vehicles (marked as COP which is different than other departmental and volunteer cars). They patrol their communities and shopping centers, in pairs, wearing COP shirts and patches, with identification cards and one cell phone per car. The volunteers are subjected to a limited background and orientation training, before taking on observer roles. This group has its own rank structure, operates within the bounds of the COP standard operating procedure, holds regular monthly meetings, and sets up its own work (volunteer) schedule. They provide a significant asset to the city. For example, in April of 2006, they logged 3,283 hours of volunteer time and patrolled over 15,000 miles. Mostly seniors, these volunteers are to act strictly as observers, and are restricted from taking action. In order for a community to be accepted into the program, it needs to assemble at least 30 volunteers. It has been a preferred strategy to assemble interested persons first into crime watch programs in their communities, and then guide them to the volunteer (COP) track. At times, the Community Education officers enlist the help of CAT officers, by having them distribute crime prevention and COP flyers to residents as they patrol troubled neighborhoods on bicycle. Despite the department's best efforts to expand the COP in minority neighborhoods, the required level of interest has not materialized. Even attempts at developing interest among the faith community in minority areas have failed. At the present time, there are six active Neighborhood Watch programs in the city. The Community Education officers seek out Community Association meeting dates and, along with patrol officers, attend in hopes of generating interest in the department's various crime prevention initiatives. The officers bring crime data and information specific to the community being visited. As time permits, it is reported that sergeants and lieutenants appear at these meetings as well. The department's Citizen's Police Academy is a ten -week program that exposed attendees to the department, its units and services, including Code Enforcement, Victim Advocacy, Crime Scene The Police Executive Research Forum 94 450 of 757 Management Study of the Boynton Beach Police Department Processing, and more. The academy is offered twice a year and graduates 40 to 50 persons a session. It is open to residents from other cities and the county. To date, the academy has been held 24 times and approximately 900 persons have attended. Currently held at the Ezell Hester Community Center (in a minority community), the hopes have been to attract members of the minority community to attend, but there has not been much interest according to Community Education personnel. Organizers feel there may be too much concern among residents that anyone who attends may be too close to the police. Reportedly, the Chief makes a serious effort to market the academy to minority group leaders, but even many of them —who signed up— failed to attend. The unit staff has expressed an interest in putting on a juvenile police academy in the summer of 2006. Other unit activities include handling all Crime Prevention Though Environmental Design (CPTED) requests for the city, as well as compilation of reports relative to impact on police services. The unit staff conducts business and residential crime prevention surveys and makes target hardening recommendations upon request. Recommendations: 1. Recognizing that the department has made frequent efforts to bring members of the minority community into the various volunteer programs, Neighborhood Watch, and the Citizen's Police Academy, the effort must continue and be strengthened. Every community in the city needs to be involved in these initiatives. There can be no community engagement and community policing when significant portions of the community are missing from the mix. If the department's push to generate interest in certain communities is not successful, it should solicit the support of those who are recognized in those communities. That may mean getting city officials, the clergy and other minority community leaders involved in a campaign to promote community - police dialogue and partnership. 2. The idea of holding a Juvenile Police Academy is an excellent one. As noted in the "Public Perceptions" section of this report, minority juveniles have little trust in the The Police Executive Research Forum 95 451 of 757 Management Study of the Boynton Beach Police Department police. Bringing them into an environment where contact with the police is collegial rather than confrontational could go a long way in bringing these two groups closer together. 3. The current staffing of two officers to Community Education and a third assigned to PAL is sufficient. There are tunes when community meetings and working with juveniles requires additional sworn assistance, but greater community interaction benefits result when that assistance is provided by the patrol officers who regularly work the areas involved. Traffic Unit The Traffic Unit is organizationally situated under the patrol administrative lieutenant who answers directly to the major of Uniform Services. This change has just recently taken place — prior to the change traffic answered directly to the Uniform Services major. The Traffic Unit is supervised by a sergeant, with a current compliment of six sworn officers and seven civilian Community Service Officers (CSOs). Having a total authorized strength of 15, the unit is operating with one vacant sworn position. Currently filled positions include, one sergeant who is the unit supervisor, two DUI enforcement officers, four motorcycle officers (only three positions are presently filled), one aggressive driver enforcement officer (which is grant funded) and seven CSO traffic crash investigators, (however, one was in the academy at the time of this report). The supervisor has responsibility for the coordination and direction of the various functions that are carried within the entire unit. Currently the traffic unit is located in a very small office only large enough for about four people. It is not ideal for a unit of this size and work cannot be accomplished without interruptions. Deployment decisions are driven primarily by complaints generated from the public. Currently there is not a strategic work plan designed specifically to reduce accidents. The supervisor works a four, ten -hour day schedule with Friday, Saturday and Sunday off. When he is not available, the traffic officers and CSOs rely on the patrol supervisors and commanders for supervision and direction. The Police Executive Research Forum 96 452 of 757 Management Study of the Boynton Beach Police Department Tiwnin Duties The sergeant assists with In- Service Training through the monthly preparation of questions relative to the department's Index Codes and Standard Operating Procedures. These questions are then approved and used to meet In- Service requirements of the Police Law Institute. This is a duty this sergeant retained when transferred from the position of Administrative Sergeant to the Uniform Services Major. AQ!uessive Driviniz Enforcement Officer This is a state grant funded position and is deployed in an unmarked Mustang Cobra. Work hours are Monday — Thursday day shift (6:OOAM- 4:OOPM) with Friday, Saturday and Sunday off. The primary purpose of this position is rush hour traffic enforcement, handling of school zone speeding complaints, I95 team enforcement in conjunction with the Palm Beach County Sheriff's Office, assistance in DUI enforcement, and other specific traffic complaints as may be registered by the public. The officer is a trained traffic enforcement specialist and a traffic homicide investigator. Rush hour traffic demands are the primary determinant of the days and hours worked by this officer. Workload statistics for the unit, as a whole, are addressed later in this section of the report, but this position accounted for a combined 730 citations, warnings, parking tickets, 66 arrests, and 63 accidents reports (eight being fatal). Motorcycle traffic enforcement There are four motorcycle officer positions funded in the budget, but the unit currently has three assigned. Motorcycle officers also work a four- day /ten -hour schedule with three days off. The officers are deployed Monday through Friday. There is no motor coverage on Saturday or Sunday unless there is a special event (e.g. escort, parade, city arts festival, etc.). Their primary duties are traffic enforcement and to address specific traffic complaints lodged by the public. They also respond to crash investigations if there is not a CSO in service. The motorcycle officers receive training through Florida Atlantic University 40 -hour motorcycle officer course, and are also trained in crash investigations. All three of the currently assigned officers are The Police Executive Research Forum 97 453 of 757 Management Study of the Boynton Beach Police Department Traffic Homicide Investigators and were trained at the Institute of Police Traffic Management at Jacksonville University. The call out policy for Traffic Homicide Investigation allows for only 1 investigator to be called out regardless of the severity of the accident or the complexity of the accident scene. Patrol officers may be required to remain on the scene to assist, but their call load does not diminish when tied up on an accident scene. Accidents with serious injury or death tend to be very time - consuming and require significant field time at the accident scene. There is an average of six of these crash call -out situations per year that involve overtime. DUI Enforcement There currently are two DUI enforcement specialists who work from 6:OOPM- 4:OOAM providing seven -day per week coverage. They have one overlap day. Their duties include specifically targeting drunk drivers and reducing the number of DUI related crashes. They have responsibility for DUI checkpoints which are carried out in four -hour blocks, once a quarter, with the multi- agency task force. They regularly patrol DUI Crash areas, which are determined through statistical analysis and they also are involved in DUI Prevention Events that total 3 -4 per year. The state grant position requires reporting of statistical information once a quarter. Their training includes traffic enforcement and crash investigation, a 40 -hour DUI Enforcement School and a 40 -hour Breathalyzer School, as well. One of the officers is a trained Traffic Homicide Investigator. Though the DUI officer will respond to calls for service when needed, their first priority is to seek out DUI divers. It is important to recognize that these kinds of arrests take considerable time to handle. When an accident or jail transport is involved it can consume three to five hours or more. The following table depicts the enforcement activities reported by the two DUI enforcement specialists for the last two full years and for the first four months of 2006. DUI Enforcement Activities 2004 2005 2006 (Jan — April) Accident Investigation — DUI Related 22 25 15 Accident with Injury Investigation 16 13 1 The Police Executive Research Forum 98 454 of 757 Management Study of the Boynton Beach Police Department DUI Related Accident with Fatality Investigation DUI Related 0 3 1 DUI Traffic Stops 173 89 25 Community Service Officer /Crash Investigations There are currently six Community Service Officers (CSOs) trained and on active duty and one is in the CSO Academy being trained. These non -sworn employees are trained to handle traffic crash investigations and have primary responsibility to investigate all minor accidents, provide motorist assistance, handle abandoned vehicles, assist with traffic direction and control, and to assist at traffic homicide investigation scenes. They are also called upon to assist the fire department with traffic on fire scenes. It was estimated that they receive anywhere from 3 -20 calls, but on a typical day they average around seven calls per day. CSOs are deployed seven days a week, providing coverage from 7:OOAM- I O:00PM. The CSOs also work a four- day /ten- hour work schedule, with 3 days off. There is no formal field training program that documents successes, deficiencies, and solo- readiness for the CSOs as the FTO program does for officers, but they do ride with an experienced CSO trainer until they are deemed to be ready for solo work. From all accounts, the CSOs have a positive relationship with the sworn officers of the department. Reportedly, the CSO complement is rarely, if ever, fully staffed because the position is a stepping -stone to becoining a sworn officer. They receive six weeks of Police Service Aid training at the Broward Community College Criminal Justice Academy, but receive little or no training thereafter. Some of those who prefer to remain CSOs have expressed a desire to be trained as Traffic Homicide Investigators. Unit Workload In addition to the duties and tasks —as identified above —that are unique to the various assignments within the unit, the unit -wide workload statistics in the table below, are reported on a monthly basis by the supervisor in a manually generated document. The Police Executive Research Forum 99 455 of 757 Management Study of the Boynton Beach Police Department Year Citations Warnings Parking Tickets Accidents Investigated Arrests 2004 8460 274 244 2304 807 2005 7044 60 256 2091 531 When analyzing the data in the former table, it must be remembered that accident investigations could have been handled by any unit officer or CSO (15 total), while other activities reported in the table would have been limited to the six sworn officers. The decline in activity in 2005 has largely to do with the shortage of three officers for most of the year. As such, the following statements depict the average activity per officer or CSO for 2005. Clearly some officers were responsible for more activity and others less, partly because of the nature of their individual assignments. • Each officer wrote an average of 1,174 citations during the year. • Each officer wrote an average of 10 warnings during the year. • Each officer wrote an average of 43 parking tickets during the year. • Each officer made an average of 89 physical arrests during the year. • Each officer and CSO handled an average of 160 traffic crash reports during the year. Assuming that senior officers (which most specialty officers are) work approximately 155 days a year, this equates to typical officer activity as follows: • 8 citations written per day, • 1 warning written every four days, • 1 parking ticket issued every four days, • 1 physical arrest made every other day, and • 1 traffic accident handled per day. The Police Executive Research Forum 100 456 of 757 Management Study of the Boynton Beach Police Department Recommendations 1. The office space occupied by the traffic unit is inadequate for the needs of a workgroup this large. As is noted throughout this report, the city needs to consider the long range facility needs of the department. Cramped quarters now will worsen as workload and authorized strength increases. 2. With an average of only six traffic homicide call -outs per year, the department's policy should be modified to permit the call out of a second investigator when, in the patrol supervisor's judgment, the scene is complex and justifies two investigators. 3. The work of this unit spans 21 hours a day —from early in the morning to cover rush hour to almost morning when DUI offences are anticipated. The lone traffic supervisor should maintain a more flexible schedule to permit greater contact with all the officers working different hours, as their specialty dictates. Working straight days does not provide supervision and guidance to all members of the unit. Understandably, a single sergeant cannot cover all shifts and all days, but a mix of hours would be an improvement. 4. Currently most deployment decisions are dictated by citizen complaints, rush hour traffic, and officer perception of high risk locations. Though the later can prove to have merit, the department should utilize the best data in the development of its traffic enforcement strategies. Thorough analysis of crash data by location, dangerous intersection data, violation location data and other such input should drive the hours, days, and locations of traffic unit deployment. Information of this type is readily available from highway engineers as well as the department's own CAD data. Responding to the most recognized traffic threats permits the department to establish realistic reduction goals with measurable objectives. 5. The CSO program is a valuable tool that provides a cost - effective alternative to tying up an officer at minor crash scenes. However, there may be other opportunities to use CSOs that have not been fully explored. For example, many police departments employ The Police Executive Research Forum 101 457 of 757 Management Study of the Boynton Beach Police Department telephone reporting for certain police reports that do not require an officer's response. In much the same way, the department could dispatch a properly trained CSO to calls where a non - complex report is needed, but the call taker determines that the call is cold, and no evidence or suspect is present (such as a stolen bicycle report, or a recovered property report). Not only can this save the city money, it enriches the job of the CSOs, it offers added experience to those CSOs who do want to become officers, and in busy periods it can provide a timely police response when otherwise an officer could not respond for some time. 6. Identifying the proper staffing level for the Traffic Unit in any police department can be difficult because so little of their work is reactive in the typical sense. That is, they do "react" to problem locations, citizen or community complaints, and occasionally the request of a political figure on behalf of his/her constituents. One can always make the argument that more officers will net more arrests (or traffic tickets). Eventually, enough police saturation makes the locale unsafe for violators (speeders, red light runners, etc.) and the number of violations goes down. Often the cost of this level of enforcement outweighs the results. Without argument, filling the vacant motorcycle officer position could bring overall enforcement productivity back up to 2004 levels, and the department should refill this position when sufficient new recruits are cut loose to work solo. Adding additional staff to the unit is not a priority at the present time. Once the unit identifies formal traffic enforcement priorities and strategically establishes goals, the issue of additional staffing could be more meaningfully addressed. The Police Executive Research Forum 102 458 of 757 Management Study of the Boynton Beach Police Department SWAT The department operates a Special Weapons and Tactics (SWAT) Team as a collateral duty. The team consists of 18 police members and three firefighters who are Emergency Medical Technicians as well as sworn police officials. Members under the rank of lieutenant, who have consistently good performance evaluations and three years with the department, are eligible to apply when vacancies exist. The application process is handled in accordance with departmental policy, including an oral interview and performance in practical scenarios. Other than the SWAT Team commander, who is a patrol sergeant, rank (supervisory status) is not recognized in the unit. There are, however, two internal team leaders; one heads the entry team, the other the sniper team. Training consists of issued and special weapons and tools, specialized vehicle operation, team tactics and operations, first aid, and legal considerations. Each year, the team undergoes a full week of SWAT training which may include participation in national SWAT competition. Then, throughout the year, SWAT in- service training consists of one day a month of tactics, plus four hours of weapons /range training. Designated snipers must train an extra four hours each month. It was reported that training for the SWAT Team involved reassignment and schedule changes thereby not resulting in overtime. Training is sometimes conducted at the Sheriff's Office facility. Continued proficiency and physical fitness are required to remain on the team. Typical uses for the team are high -risk entries, search warrants, barricade and hostage situations, and any other high - liability incident that would benefit from a planned, deliberate approach rather than an immediate patrol reaction. When a situation calls for SWAT response, team members are paged. The decision to deploy is left to the appropriate Watch Commander on duty. Since SWAT operates as a single team, all members are paged. Most, but not all team members have been issued take -home cars. For those who do not have cars, call-out can prove to be difficult. If not working, they must respond to their homes or to the armory to collect their equipment, then to the department for transportation to the assembly point or incident scene. Those who are issued cars, respond, as directed. The Police Executive Research Forum 103 459 of 757 Management Study of the Boynton Beach Police Department It was reported that there have been rare instances in which SWAT officers were working their regular patrol assignment when a response page was issued, and street strength was already at a low level. When this happens, the SWAT operation take precedence, and off -duty officers can be called back on overtime to back -fill patrol needs. Though not a regular condition, this can happen whenever a special service is handled as a collateral duty. The fact that there are 18 officers on the team should not be a major concern. Though each SWAT callout incident is well documented and reviewed for tactical assessment, there are no records maintained that document the frequency or number of callouts, the number of officers called back, etc. However, departmental overtime records show that in 2005, 10 dates reflect blocks of overtime related to SWAT call-back. In total, 433.5 hours of overtime were charged to SWAT call- backs. This is consistent with estimates given by the sergeant: 2 -4 search warrant assists a month (these may not entail overtime) and 5 -8 callouts a year. The SWAT Team is well equipped and there are no complaints about weapons, tools, or gear, other than the suggestion that a much higher level of officer safety could be achieved if the team had an armored personnel carrier to effect better protected entries into "Hot Zones" (those areas within the inner perimeter that pose the risk to officer when they have limited cover and concealment). Recommendations: 1. The SWAT team relies on getting its members to call-outs without delay. Participation in this collateral duty should be among the criteria for a take -home vehicle, as recommended in the budget component of this report. 2. The cost of an armored personnel carrier is high and not easily absorbed in any single budget year, but it is a reasonable request that offers significant extra protection to team members who are operating in a high -risk environment. The department currently prepares for vehicle replacement by adding funds, annually, for the future replacement of every vehicle in the fleet. Recognizing the need to plan for this vehicle in the future, The Police Executive Research Forum 104 460 of 757 Management Study of the Boynton Beach Police Department consideration should be given to creating an acquisition fund for an armored personnel carrier, and making annual contributions toward its eventual purchase. The Police Executive Research Forum 105 461 of 757 Management Study of the Boynton Beach Police Department Support Services Support Services is headed by a major who answers directly to the chief of police. The Major is afforded assistance by one civilian administrative secretary and has direct oversight of five sergeants. There are no lieutenants in Support Services. The sub- components (specialties) within Support Services are: 1. Crimes Against Persons and Property Sub - units: Special Victims' Unit (aka DCF) Economic Crimes East General Assignment (Zones 1 -5) West General Assignment (Zones 6 -10) 2. Criminal Intelligence (Crime) Analysis 3. Crime Scene Unit 4. Vice Unit 5. Victim Advocate 6. Record/Evidence The section is home to 7 civilian employees and 19 sworn officers, excluding the major. Management responsibilities are divided between one first- sergeant and three sergeants, all of whom report directly to the major. Overall, staffing in the section has declined from 1982 levels when the Crimes Against Persons and Property component employed 16 investigators. Currently, the component has 10 investigators. The span of control for the investigative sergeants currently falls under the following configuration: First Sergeant 3 investigators — East General Assignment 3 civilians — Crime Scene Unit Sergeant 3 investigators — West General Assignment 1 investigator — Economic Crimes (also part -time West General Assignment) The Police Executive Research Forum 106 462 of 757 Management Study of the Boynton Beach Police Department Sergeant 1 detective — Special Victims' Unit 2 investigators — Special Victims' Unit 1 civilian — Criminal Intelligence Analysis 1 civilian —Victim Advocate Sergeant 4 investigator /agents — Vice Unit. Investigations Investigator Deployment and Case Responsibilities In the Crimes Against Persons and Property component, investigators have either specific geographic or crime type responsibilities, which govern the bulk of their respective caseload assignments. General Assignment investigators focus their respective efforts either East or West of Interstate 95 and each have specific responsibilities for one to three policing zones in the East or West sectors. General assignment investigators are directly responsible for investigations into all UCR Index crimes except for designated offenses against children, elderly, and specific sexual offenses. This delineation is, however, not absolute. General assignment investigators undertake investigations into all offenses, depending on the availability of Special Victims' Unit investigators. Two investigators are generally responsible for all investigations occurring in Zones 1 -3 and one will have responsibility for investigations in Zones 4 -5. Zones 1 -5 are situated East of 1 -95. On the west side, two investigators will handle the investigations occurring in policing Zones 6 -8, while one will have responsibilities over Zones 9 -10. One additional investigator will assist in West - Sector investigations (Zones 6 -10) but has specific investigative responsibilities for all economic crimes (fraud, identity theft) that occur throughout the city. Three investigators are assigned to deal with special victims issues (children, elderly, domestic violence, adult rape, and child sexual abuse) as members of the Special Victims' Unit. One of the The Police Executive Research Forum 107 463 of 757 Management Study of the Boynton Beach Police Department investigators tends to focus more generally on internet crimes against children. Of the remaining two investigators, one currently receives the bulk of the incoming cases while a recently assigned investigator receives training in special victims' investigations. The new investigator is expected to assume a larger caseload in time. All general assignment and SVU investigators submit to a rotating call -out protocol, covering non regular duty hours and weekends. When on call -out status, the investigator will accept and be responsible for the completion of all cases acquired in the period they cover except for some homicide cases. A consensus view within investigations is that the current investigative load and complexity of cases support the need to return to a specialized deployment structure, separating investigative responsibilities into four distinct categories: Crimes Against Persons, Crimes Against Property, Fraud and Identity Theft, and Special Victims' Unit. Investigative Services had moved from the specialty- function configuration to the current general alignment several years ago under the previous administration to address investigative staffing reductions. The members of the Vice Unit focus predominantly on: narcotics investigations, which reportedly consumes approximately 60% of their time; prostitution offenses which consumes 25% of their time; and, on gambling /FDA - Regulatory/beverage /clubs offenses which takes approximately 15% of the time. For the past three years, the Vice Unit was staffed by only a sergeant and one investigator /agent. In late March 2006, three additional investigator /agents were added to the unit. Members of the vice unit are deployed city -wide, except for one of the investigator /agents who is assigned to the Palm Beach Sheriff's Office in a county -wide narcotics investigation. The Boynton Beach Vice Unit is not currently involved in any county, state or federal narcotics or gambling task forces. Investigator and Investigative Supervisor Shift Schedulimz The current schedule provides coverage by investigators from 7:00 am to 11:00 pm Monday to Friday. Investigators work four 10 -hour shifts each week in either one of two shift arrangements: days (7:00 am to 5:00 pm) or evenings (1:00 pm to 11:00 pm). Each investigator will rotate The Police Executive Research Forum 108 464 of 757 Management Study of the Boynton Beach Police Department through a weekly call -out arrangement to cover the weekday hours of 11:00 pm to 7:00 am and one weekend. Monday to Friday shifts are arranged so that at least one investigator is available and on duty during the evening. Sergeants schedule their own coverage between 7:00 am and 11:00 pm on weekdays. The East sergeant works five 8 -hour days Monday to Friday and the West and SVU sergeants work four 10 -hour shifts. As with the investigators, the sergeants rotate call-out responsibilities for nights and weekends. The Vice Unit sergeant adjusts his hours according to the needs of ongoing investigations. Under the current alignment, the Vice Unit does not provide investigators or its supervisor for general assignment investigations. The unit does not contribute personnel to the rotating call -out arrangement. General lnvestigative Workload Indicators In contrast to workload measurements for patrol officers, where workload summaries are more detailed and specific — even down to measures of activities in rninutes, investigative workload indicators tend to be more abstract. These measures rely on overall measures of output, or caseload per investigator, and case closure rates. But these caseload measures, alone, do not tell the full story. Some cases are more involved than others to reach conclusion. They require additional time to draw statements from reluctant witnesses or employing specific activities like running surveillance operations or engaging informants. Still other cases may require only limited efforts like a follow -up call to the victim to see if additional information is available before deciding whether to conclude a case. As such, one case may have taxed the efforts of an investigator significantly more than another investigator who might have had responsibility over several cases. Caseload is, therefore, only one measure that is in need of supporting efforts to assure its validity. The Police Executive Research Forum 109 465 of 757 Management Study of the Boynton Beach Police Department What is important to determine is the efforts that go into ensuring the cases that are assigned to each investigator are worthy of their attention. This process of case triage helps to validate overall caseload measures. Investigative supervisors review all incidents to determine whether a case will move forward to investigation. They assess all open cases and will assign a case to an investigator based on seriousness, value of loss and the presence of solvability factors. As a general rule, investigative supervisors with the Boynton Beach Police Department will assign all UCR Part I crimes, crimes involving property of a value over $3000, and crimes where a witness, suspect or other evidence may be present. Under this procedure, investigators will be assigned to most house burglaries, all assaults and aggravated batteries, all robberies, and thefts involving property over a value of $3000 — even if no witnesses and/or other evidence are present. Auto thefts are not investigated unless a witness or other evidence is present. Investigators will also be assigned to follow -up on cases where a patrol officer has arrested and /or charged persons for serious offenses such as assault, burglary, sex crimes, and auto theft. Under these assessment conditions, each investigator can receive as many as three new cases on some work days and additional cases in call -out periods. Where an investigator is assigned primary responsibility on a serious case such as an aggravated battery or homicide, the supervisors will refrain from assigning new cases to that investigator for approximately two weeks, or until all leads in the more serious case have been exhausted. Investigators consistently advised that they will carry approximately 10 -15 open cases at a time under ideal staffing conditions. Under conditions where staffing is limited, the open caseload per officer may increase to 20 -25 cases per available officer. In addition to general case assignments, each investigator will assume primary responsibility over special victims' crimes if the case occurs during their respective call-out times. In most cases, the investigator will conclude the case in consultation with a member of the Special Victims' Unit and the Department of Children and Families (DCF). The Police Executive Research Forum 110 466 of 757 Management Study of the Boynton Beach Police Department In homicide cases, the supervisors tend to assign the cases to the more experienced investigators, with one investigator acting as a primary and another as a secondary. Under the current deployment structure, then, a general assignment investigator can carry a varied caseload of property and persons crimes. Where possible, cases specific to special victims and economic crimes will be assigned to specialist investigators. The Special Victims' Unit (SVU) has recently been augmented with two investigators, one starting in August 2005, and a second investigator who stared in the unit in March 2006. Economic crimes such as fraud and identity theft are typically assigned to one investigator who has developed specific expertise in this area. Data were provided in varying fonnats to assess investigator caseload. A review and assessment of the data revealed that the most instructive means would be to assess the caseload of investigators in accordance with their primary responsibilities and over an entire year. Caseloads are, therefore, displayed for investigators working in the following four groups: SVU, Economic, General Assignment East, and General Assignment West. Caseload summaries were provided via the in -house case management system — QED or CrimeWeb. The caseload summaries each identified the case number, the case type, a descriptive title, case status, and the case initiation date. The most usable data for this analysis were provided over the period of April 2005 to April 2006 for each investigator assigned to the Investigative Services Section. Under the CrimeWeb system, case type falls under one of four general categories: SVU, Property, Persons, and Standard. While the first three categories are self evident in terms of what crimes they respectively represent, the case type "Standard" is unfortunately inherently ambiguous. This category includes all case types including some persons, property, and SVU reports that are not added to the separate persons, property or SVU categories. It is therefore important to note that the persons, property and SV U groups do not include all reports of those crime types. However, there is no apparent double counting — a case report appears in only one The Police Executive Research Forum 111 467 of 757 Management Study of the Boynton Beach Police Department of the four categories. A "persons" report found in the Standard data is not also in the "Persons" data. The following table depicts the respective caseload for investigators from April 2005 to April 2006, including a breakdown of overall case status by work area. The Police Executive Research Forum 112 468 of 757 Management Study of the Boynton Beach Police Department Caseload - All Detectives April 2005 - April 2006 Unit or Area Staff DCF 3 Detectives Unit or Area Staff Economic 1 Detective* Type Active Inactive Unf Closed Arr /Warr Ex Total SVU 0 SVU 13 5 15 28 14 0 75 1 Property 0 4 0 1 0 0 5 0 Persons 1 0 0 2 0 0 3 25 Standard 1 48 5 34 14 1 103 24 Totals 15 57 20 65 28 1 186 1 % % of Total Cases 8% 31% 11% 35% 15% 1 % 100% Unit or Area Staff Economic 1 Detective* Unit or Area Type Active Inactive Unf Closed Arr /Warr Ex Total SVU 0 2 0 1 1 0 4 Property 1 1 0 0 1 0 3 Arr /Warr Persons 0 1 0 0 1 0 2 14 Standard 9 38 0 25 21 1 94 0 Totals 10 42 0 26 24 1 103 4 % of Total Cases 10% 41% 0% 25% 23% 1 % 100% *Also Assigned to West Boynton Zones 6 -10 113 1 44 43 3 228 Unit or Area Staff West Zones 3 Detectives 6 -10 Type Active Inactive Unf Closed Arr /Warr Ex Total SVU 1 0 1 14 6 1 23 Property 0 2 0 1 0 0 3 Persons 0 4 0 1 0 0 5 Standard 24 113 1 44 43 3 228 Totals 25 119 2 60 49 4 259 % of Total Cases 10% 46% 1 % 23% 19% 2% 100% Unit or Area Staff East Zones 3 Detectives 1 -5 Type Active Inactive Unf Closed Arr /Warr Ex Total SVU 2 5 2 34 4 2 49 Property 0 3 0 1 0 0 4 Persons 0 0 0 4 2 0 6 Standard 17 94 3 65 27 2 208 Totals 19 102 5 104 33 4 267 % of Total Cases 7% 38% 2% 39% 12% 1 % 100% What the annual summary indicates at a preliminary level is that each investigator is responsible for an average of 80 to 103 cases over a period of one year. This is a summary of cases where a The Police Executive Research Forum 113 469 of 757 Management Study of the Boynton Beach Police Department specific case number is registered in the case management system. There are, however, some cases assigned to each investigator where a case number is not assigned. but which still require investigative effort. Many of these cases relate to sensitive issues that come from the chief's office or through other sources. Interviews with investigators indicate that non - registered cases typically are up to one -third of their total case load. What is immediately apparent is that the investigator overseeing economic crimes, while carrying double duty with general investigations for the zones west of I -95 and all economic crimes, is overwhelmed with cases. This finding is consistent with the observations of the supervisors in the unit. A separate set of data that outlines the potential for increased annual intake of DCF cases. The data reveals that approximately 560 new DCF cases were initiated in 2005. This number was not all handled by DCF investigators. Other data suggests that about 186 per year may be closer to the number assigned DCF investigators; the rest being handled by other investigators and even patrol officers. We cannot determine the exact proportion of the involvement of general assignment detectives in SVU- specific cases because of the ambiguity involved through the use of the `Standard' category. But these indicators suggest that the investigators assigned to the Special Victims' Unit could become potentially overwhelmed with new cases given the complexity and time- consuming nature of these investigations. The level of active cases across the four separate work areas remains consistent within a range of 7% to 10 %. Approximately 30% - 45% of all cases are listed as inactive. Cases that fall into the `Inactive' category are generally cases that are determined to have no further leads because of an absence of evidence, such as the lack of forensics, absence of witnesses, or even reluctant witnesses. While not a direct indicator of workload, a higher rate of inactive cases can point to conditions where investigators are less likely to follow tenuous leads in older cases when facing a continuous feed of fresh cases with more current leads. The low rate of cases designated as `Exceptionally Cleared', which is consistent across the four separate work areas, suggests that the case management system is active and valid. The low rate The Police Executive Research Forum 114 470 of 757 Management Study of the Boynton Beach Police Department indicates that the supervisors are consistently applying strict criteria under which cases can be concluded under this category. This case closure category has been abused in the past by law enforcement in general, where less- than - strict criteria were used to classify a case as `Exceptionally Cleared.' Since the category is factored into overall case clearance rates, insufficient monitoring and inappropriate classifications of cases into this category would typically boost the case clearance rates. The low rate of Exceptionally Cleared cases in this analysis indicates this tendency is actively held in check through the Investigative Services Section's case management processes. Case Management Section supervisors monitor all case activity through the CaseWeb or QED system. All investigative supplements are automatically returned to the appropriate supervisor for review under one of three main categories: Case Assignment, Waiting To Be Approved, or Missing Cases. A case status can only be changed by the sergeant on the basis of the recommendation of the investigator and the supervisor's own review of the case report. As a general rule, the supervisors expect to see the investigator's first supplemental report within 48 hours of receipt of the case. Under the `Case Assignment' category, each supervisor is able to track the status of each case and to review all investigative activity. In the event a case languishes and computer inquiries reveal little investigative activity, each supervisor will address the issue with the respective investigator. In major cases, the level of involvement and interest will include the attention of the Major and case management will become a broader process of resource allocation, strategic case development, and intensive activity review. Case Clearances Case clearance rates consider three case closure categories: Arrest or Warrant, Exceptionally Cleared, and Unfounded. The most recent national data (2004 UCR) indicate the following national clearance averages: Murder 62.6% 7 Crime in the United States: 2004 Uniform Crime Reports, Federal Bureau of Investigation, Washington, DC, 2004, p. 264. The Police Executive Research Forum 115 471 of 757 Management Study of the Boynton Beach Police Department Aggravated Assault 55.6% Forcible Rape 41.8% Robbery 26.2% Larceny -Theft 18.3% Motor Vehicle Theft 13.6% Burglary 12.9% The national data only serves as a marginal benchmark since it computes the clearances across a wide variety of jurisdictions, events, and capabilities. It is instructive nonetheless to review local clearance rates against the national data for basic comparative purposes. As a result, the 2004 and 2005 clearance rates for the Boynton Beach Police Department are provided as follows: The Police Executive Research Forum 116 472 of 757 Management Study of the Boynton Beach Police Department 2004 Index Crime Clearance Rates Clearance Tvoe Crime Type Total Arrest or Exceptionally Unfounded Total % Cleared Cases Warrant Cleared Cleared Homicide 6 3 0 0 3 50% Sex Offense 21 3 2 0 5 24% Robbery 213 40 3 0 43 20% Assault 857 177 5 0 182 21% Burglary 1703 78 5 0 83 5% Larceny 2232 547 3 5 555 25% Auto Theft 426 13 2 0 15 4% Total 5458 861 20 5 886 16% Total Active or Inactive Cases for 2004 4572 % Total Active, Closed or Inactive Cases - 2004 84% 2005 Index Crime Clearance Rates Clearance Type Crime Type Total Arrest or Exceptionally Unfounded Total % Cleared Cases Warrant Cleared Cleared Homicide 4 4 0 0 4 100% Sex Offense 13 5 0 4 9 69% Robbery 150 30 1 0 31 21% Assault 643 171 2 1 174 27% Burglary 1395 89 1 1 91 7% Larceny 1756 478 3 0 481 27% Auto Theft 318 19 1 0 20 6% Total 4279 796 8 6 810 19% Total Active or Inactive Cases for 2005 3469 % Total Active, Closed or Inactive Cases - 2005 81% The above data reflect the total case clearance output of the Boynton Beach Police Department, including cases concluded by both investigative and patrol personnel. The following tables display case clearance activity specific to the personnel in the Investigative Services Section. Because of data coordination limitations, the period under review is again April 2005 — April 2006, under the four crime classifications or report types of SVU, Property, Persons, and Standard. The Police Executive Research Forum 117 473 of 757 Management Study of the Boynton Beach Police Department Clearance Rates By Work Area and Report Type April 2004 — April 2005 Of the overall 815 cases handled by the investigators, case clearances ranged from 15% to 26% across all reporting categories. Because of the current case classification process used under the QED system, it is difficult to identify specific crime clearance rates. However, some preliminary conclusions can be drawn from the data. The general assignment investigators have high clearance rates in the `Standard' category, 43% and 63% respectively for The Police Executive Research Forum 118 474 of 757 Clearance Type Arrest Exceptionally or Unfounded Cleared Area Report Type Total Cases Warrant % Cleared DCF SVU 75 14 0 15 39% Property 5 0 0 0 0% Persons 3 0 0 0 0% Standard 103 14 1 5 27% Total 186 28 1 20 26% Economic SVU 4 1 0 0 1% Property 3 1 0 0 1% Persons 2 1 0 0 1% Standard 94 21 1 0 29% Total 103 24 1 0 24% West SVU 23 6 1 1 11% Property 3 0 0 0 0% Persons 5 0 0 0 0% Standard 228 43 3 1 63% Total 259 49 4 2 21% East SVU 49 4 2 2 11% Property 4 0 0 0 0% Persons 6 0 0 0 0% Standard 208 27 2 3 43% Total 267 31 4 5 15% Of the overall 815 cases handled by the investigators, case clearances ranged from 15% to 26% across all reporting categories. Because of the current case classification process used under the QED system, it is difficult to identify specific crime clearance rates. However, some preliminary conclusions can be drawn from the data. The general assignment investigators have high clearance rates in the `Standard' category, 43% and 63% respectively for The Police Executive Research Forum 118 474 of 757 Management Study of the Boynton Beach Police Department East and West. Similarly, the members of the Special Victims' Unit cleared a high number of cases specific to their area of responsibility if we assume that a number of additional SVU cases are found within the 103 cases designated as `Standard.' The economic crimes investigator enjoys a high overall clearance rate despite his high workload and the inherent difficulties in bringing fraud cases to prosecution. Since the overall caseload also falls within the ambiguous category of "Standard' it is assumed that many of the fraud cases fall under that category. In the end, and as expected, the Investigative Services Section personnel are responsible for a high number of cases, many of which require an extensive amount of effort given the section's practices in assigning cases to investigators. Notwithstanding this workload, the section has a higher overall case clearance rate than the department as a whole. The criteria used to triage cases for further investigation may have to become more selective in the future if the number of incoming cases increases as the area population rises. Recommendations: 1. The current organizational structure as it relates to the division of responsibilities for the sergeants and general assignment investigators is appropriate given the size of the city and the department's commitment to community policing practices. The department should continue to divide general investigative responsibilities along policing zone alignments, which allows investigators to become intimately familiar with specific neighborhood conditions, issues, and crime patterns. Additionally, active criminals are more readily identified and associated to particular neighborhoods through this form of deployment. A later analysis of workload will reveal that much of the investigative workload is community- centric, i.e., burglaries and larcenies. There is a higher likelihood for success for closure of these investigations with the current form of deployment. Moreover it is consistent with the geographic accountability model recommended for patrol. The Police Executive Research Forum 119 475 of 757 Management Study of the Boynton Beach Police Department 2. The current schedule also provides the optimum level of coverage for the number of available investigators and supervisors. At the time of this review, there were no investigators off on sick leave, military leave, training, or any other long -term outside deployment. As such, under these conditions, coverage from 7:00 am to 11:00 pm on weekdays is assured. However, the loss of one or two investigators to sickness or any other long -term issue would seriously impact the Section's ability to provide coverage at the current level and would result in periods where an investigator is not available over the standard weekday commitment. 3. The workload (case load) data provided by the unit may not, in itself, fully document the work of the investigators. It was reported to PERF that up to one -third of an investigator's case load may be composed of cases not formally recorded. Also some investigations are serious and can be much more complex and time - consuming than others. For example, in 2005, four murders, 13 sex offences and 150 robberies were reported. Understandably, they can be expected to take more time to investigate than most crimes against property. But if the total time of four investigators was dedicated just to these 167 serious crime investigations, that would leave the equivalent of six investigators to work the remaining 658 cases. That, then, would be about 15 cases per investigator per month (including an increment for unrecorded cases), which is typical for general assignment investigators. This would suggest the current group of ten investigators is currently working at capacity. But it must be remembered that the ten investigators don't just divide up the caseload evenly. Cases are assigned by specialty (to the degree possible, as noted). When looking at caseload by specialty, • The three investigators in DCF each worked just over five recorded cases per month. • The Economic Crimes investigator worked almost nine recorded cases per month. • The six investigators in General Assignment, East and West worked just over seven recorded cases per month. Actual caseload may be higher depending on how many non - recorded cases are worked. The Police Executive Research Forum 120 476 of 757 Management Study of the Boynton Beach Police Department Before any additional staffing is added to the various investigative specialty areas, the section needs to better document the activities actually undertaken by its members. If cases are being worked, regardless of how the assignment reaches the unit, they need to be formally assigned and documented. Only then will there be sufficient data to justify staffing recommendations. 4. The department should consider relaxation of the assessment criteria for case assignments. Specifically, the current practice is to not assign any auto theft cases unless a fingerprint is evident, thereby removing the investigators from the information loop as it relates to stolen autos. Those who steal automobiles also become involved in other crimes and recovered autos often appear in the areas in which the perpetrators committed those other crimes. Important linkages might be missed if the supervisor or crime analysts do not see the recovered into in context to other cases. The value of investigators having geographic assignments is only augmented when they have as much of the related crime information at hand, such as stolen /recovered automobiles. Similarly is the practice of assigning only property cases valued over $3,000. Under current staffing, this may be necessary, but with additional staff some of these investigations should be undertaken. 5. A lieutenant position should be added to the chain of command in the Investigative Services Section. The Major currently has five direct reports in this section and has additional responsibilities of critical case management and oversight of other components of the Support Services Division. A more appropriate alignment would allow for a lieutenant to oversee the daily investigative operations and to undertake strategic case management responsibilities for the more intensive and larger investigations. 6. Statistical and case review processes should be more standardized and training for all personnel should be revisited to allow for consistent extraction of relevant data. The current case management and records software package is complex and allows for searches along several paths. As such, the consistency of the extraction of data is subject to the technical skills of the operator. Supervisors should be able to see the same data The Police Executive Research Forum 121 477 of 757 Management Study of the Boynton Beach Police Department displayed in similar formats so that cross - functional data comparisons can be accurately made. Currently, each supervisor accesses data in different ways. 7. The current space for Support Services is at capacity and all available space has been utilized. The two interview rooms are adjacent to a main hallway and are not soundproof. Investigators already work in tight cubicles and there is little room in those areas to lay out the documents and case files as part of the investigative process. The department should consider expanding the current space before adding additional staff. Vice Unit This unit is staffed by a sergeant and four investigators. While it is attached to the Investigative Services Section and co- located with the other investigative units, the Vice Unit nonetheless is a semi- independent investigative function, operating outside of the general investigative framework. The unit's main effort is on street level narcotics, but secondary efforts include prostitution stings, gambling enforcement, Food and Drug Administration (FDA) regulatory enforcement (prescription drug trafficking), and enforcement of violations of beverage and tobacco regulations. Street -level drug arrests account for over 60 percent of the unit's time, with narcotics enforcement occurring through the use of confidential informants for purchases. Agents also employ the "Knock and Talk" method for drug seizures from homes. Search warrants are executed on locations where the investigators have verified drug trafficking activity through purchases by confidential informants. Narcotics enforcement activities can originate from citizen complaints through the anonymous crime information line. The unit receives approximately 5 -7 anonymous complaints per week and of these new cases, approximately two of the 5 -7 cases will proved to be verified drug activity. The unit sergeant assesses each new case to determine the validity of the citizen claim of drug - related activity at a given location. Certain factors, such as numerous complainants for the same address, lend credence to the original allegation. The sergeant reports it is his experience that some citizen complaints arise from citizen misperceptions of activities at specific locations. This The Police Executive Research Forum 122 478 of 757 Management Study of the Boynton Beach Police Department is because there is an assumption that since some behavior is out of the ordinary it can be investigated as a Part I crime, or because a neighborhood dispute prompts a police response under the guise that drug activity is occurring at the home of one of the neighbors involved in the dispute. Thus, narcotics unit activities can be initiated from citizen suspicions of unusual behavior — both perceived and real, via complaints received by the department or through information acquired from a confidential informant. Prostitution stings just now being started, again —are expected to consume approximately 25 percent of overall unit efforts, once they are underway. During the previous police administration, prostitution stings were discouraged so the predominant focus for the unit was almost exclusively narcotics. Now, however, there is a renewed focus on addressing prostitution - related offenses as adjacent cities become more successful in displacing street prostitution. There has been an increase in prostitution and associated drug activity as a result of the emigration of prostitutes from nearby jurisdictions to Boynton Beach. At the time of the last PERF visit to Boynton Beach, members of the Vice Unit and the Investigative Services Section were in the final preparations for the first significant prostitution sting in many years. The Vice Unit workload activity depicted in the following table was garnered from monthly summaries that are compiled by the sergeant and subsequently reported to the Major in charge of the Investigative Services Section. Vice Unit Activity — 2005 Month Cases Arrests /Warrants Search Warrants Felony Charges Misdemeanor January 17 5 2 3 9 February 14 3 0 2 1 March 14 7 4 2 35 April 13 3 0 1 1 May 29 9 2 2 3 June 23 7 4 6 11 July 17 1 1 1 0 August 20 4 2 2 4 September 4 0 0 0 0 October 8 8 2 4 6 November 19 0 0 0 0 December 17 1 2 0 2 Totals 195 48 19 23 72 The Police Executive Research Forum 123 479 of 757 Management Study of the Boynton Beach Police Department Arrests /Cases Rate = 25% During 2005, only two individuals were assigned to the Vice Unit — one sergeant and one investigator, translating to approximately 92 cases per investigator. This caseload is consistent with the other investigative units but likely does not reflect the extent of the narcotics and prostitution issues in the city. In addition to the charges and arrests, the unit seized 420 grams of cocaine, 38 pounds of marijuana, one vehicle, 4 weapons, and $14,145 in currency. The Vice Unit sergeant also serves as the informant control officer. All informants that are used by members of the Boynton Beach Police Department must be registered with the Vice Unit sergeant. Each potential informant's background is researched before the person is approved. All payments to informants are managed and recorded through the Vice Unit sergeant, who subsequently provides a monthly accounting of all informant monies paid. Under police department policy, informants are paid in the presence of two officers, usually the sergeant as one of the officers. hrfonnant files are retained in a separately locked cabinet in the Vice Unit office with access to the files only by the sergeant or his designate. All informant activities are tracked and recorded on their individual files. Officers that employ informants are required to submit an approved informant activity report to the Vice Unit sergeant. The Vice Unit has not benefited from a wide exposure to local area task forces run at the local, state, and federal levels. The Vice Unit worked with a county task force 2 years previously but the task force was suspended when the grant ran out. There are attempts to resurrect the county task force without grant funding. Currently, one of the newly assigned investigator /agents is temporarily assigned to a county -wide narcotics investigation that partially impacts the city. Recommendations: 1. With the most recent addition of two investigators, staffing in this unit is now sufficient. As the newly assigned agents become fully trained, the police department should explore The Police Executive Research Forum 124 480 of 757 Management Study of the Boynton Beach Police Department participation in a county-level task force such as the Palm Beach Sheriff Office MAN Unit. With the increase in prostitution and related drug activities, the unit is now staffed and in a position to benefit from the broader resources and exposure available through a task force arrangement. Task force agreements allow cities to focus a more concentrated and extensive series of police resources on local narcotics trafficking enterprises. With a county -wide task force, the efforts are more integrative with adjoining communities so that displacement of these enterprises is less likely. 2. The Vice Unit and the CAT should become more attune to each others' operations. Both arc focused on street -level drug activity. And, as the Vice Unit broadens its prostitution work, these two units may find themselves overlapping in "quality of life" issues. This is clearly a case where a synergistic relationship could result in far superior outcomes. Crime Analysis Crime analysis is a recent addition to the Investigative Service Section, with the current analyst assuming the new role approximately 10 months ago. The key responsibilities for the crime analyst include: • Maintaining the database and promoting information flow on sexual offenders living in the city • Coordinating the tracking of the sexual offenders with the responsible investigators • Uploading of sexual offender data to the FDLE • Running monthly statistics for the Major and the Chief • Miscellaneous information gathering and collation for investigators The analyst currently manages statistical data collection through CrimcWcb and a variety of proprietary databases such as Excel and Access. For displays of crime activity, the analyst will rely on MAPPOINT software. At the same time, the analyst is developing competency in GIS mapping. The analyst does not conduct any crime forecasting or predictive analysis, largely because there have been no specific requests for this function. The investigative sergeants periodically engage The Police Executive Research Forum 125 481 of 757 Management Study of the Boynton Beach Police Department the analyst to undertake a trend analysis when a series of crimes — particularly burglaries — suggest a developing trend or a serial offender. This process is, however, ad hoc and not formalized into a regular effort to spot trends at earlier stages. The Boynton Beach Police Department does not conduct a formal COMPSTAT process at this time but the analyst is developing a skill set that will allow her to provide a weekly statistical and crime mapping review if the department decides to adopt some form of COMPSTAT. Recommendations 1. The current placement of the Crime Analyst should be reconsidered. As noted in the "organization" section of this report, the analyst is a vital position to both patrol and investigations and should be providing timely information to both. As such, the position would be better situated under the chief of police with responsibility to interact with patrol and investigative managers. 2. Given the high number of burglaries and auto thefts, the department should make greater use of the analyst's capabilities to offer trend and predictive analyses. The interrelationships of offenses such as auto thefts, burglaries, and street robberies can be identified and subsequently tracked. The end - product of a predictive analytical capacity is the development of a series of potential target areas where the next series of crimes are likely to occur, and a list of possible suspects. Both patrol and investigative resources can then be concentrated on focusing their finite resources on areas and individuals responsible for the bulk of the crime. The department currently produces crime analysis reports by district and by crime type. Maps are provided to assist with geographic interpretations of patterns. In a community problem solving approach, as is recommended above, analysis takes on an added importance. 3. Crime and problem analysis needs to assist in identifying "hot spots" from crime reports, calls for service, and self initiated activity data. Mapping should show, weekly, where activity is concentrated to assist managers exploring reasons why a location, block, or neighborhood is generating significant police attention. Increases in calls for services, The Police Executive Research Forum 126 482 of 757 Management Study of the Boynton Beach Police Department even without increases in reported crimes, may support the need for police to work with the community to solve minor problems and quality of life issues before they develop into larger -scale criminal problems. Crime analysis should include calls for service and self initiated activity (all known activity), which can help with both the analysis and assessment phases of community problem solving. Also, decreases in calls for service or in the "targets of opportunity" that can generate officer initiated activity may be indicators of the success of a problem solving effort. Information will need to be readily available to beat. officers. To make the current schedule work with community problem solving, beat officers will need to know what happened in their beat during their off days. Summaries of calls for service, self initiated activities, and reported crimes should be accessible every two or three days to correspond with when officers return to duty. 3. Care should be taken to avoid use of the analyst as a gatherer of information. The true value of an analyst lies in the ability to draw out disparate bits of information from a variety of sources and establish the necessary connections between the information to specific criminal events. Properly engaged analysts are a valuable addition to any prevention and investigative effort. Crime Scene Unit The Crime Scene Unit is staffed with two civilian crime scene technicians, with two new technicians starting work in May 2006. The new technicians will undergo a minimum 12 -week training program and they are not anticipated to be frilly trained until September 2006. Current regular duty coverage by the members of the unit extends from 8:00 am to 10:00 pm Monday to Friday. The two trained technicians will cover the off-duty hours through a rotating week -long call out schedule. On major cases, the unit will send two crime scene technicians to process the scene. The Police Executive Research Forum 127 483 of 757 Management Study of the Boynton Beach Police Department Members of the Crime Scene Unit conduct the following scene examinations: latent print examinations, crime scene mapping, digital photographing of scenes, blood spatter analysis, crime scene evidence seizure and document examinations. Members of the unit prepare latent diagrams for uploading to AFIS through the Palm Beach Sheriff's Office. Data provided through QED indicates that the three crime scene technicians have been responsible for processing a total of 809 crime scenes in the period from April 2005 to April 2006. The unit has three vehicles at its disposal: a crime scene van that is deployed to major scenes and two cars that are equipped for basic crime scene examinations. The van is not set up to process night crime scenes and is in need of a DC inverter to run spot and flood lights. In the course of a regular day's duty, however, the crime scene technicians will use one of the two cars rather than navigating the sheets with the larger van. Recommendations: 1. Basic equipment issues for the efficient processing of all crime scenes should be addressed and rectified. At minimum, the major crime scene van should be appropriately provisioned to allow for the effective processing of day and night crime scenes, through all types of weather, and for both indoor and outdoor settings. Property & Evidence Section The Property & Evidence Section of the department is responsible for custodial security of all found property, seized property and criminal evidence for cases handled by the department's officers. This component is currently situated within the Support Services Bureau, under the supervision of a sergeant who reports directly to the Bureau Commander. This sergeant also supervises the department's Records Section; however, the assignment of the sergeant to this function is recent. For the previous several months, a lieutenant had been assigned direct supervisory responsibility for this function. Prior to the lieutenant being in charge, the evidence custodians answered to the Support Services Bureau Commander. The Police Executive Research Forum 128 484 of 757 Management Study of the Boynton Beach Police Department The section is further staffed by two Evidence Custodians, and one sworn officer who is officially titled the Asset Forfeiture Investigator. He handles all forfeiture cases but also assists in the evidence disposal and destruction process. The evidence custodians are responsible for cataloguing, storing, and tracking of all evidence seized by the police as well as other property that is entrusted to the police for safekeeping until disposition is determined. All three custodians work the day shift, five days a week, with weekends off. Someone is available for call back during evening, night and weekend hours should it become necessary. Until recently the management of this unit was uneven, at best. Not only was section supervision shifted around, it is reported that section employees historically did not attend any regular staff meetings within their chain of command. Direction was most often limited to the initiative of the subordinates when asked questions. Seized Property and Evidence Management Property and evidence is handled in accordance with the department's Index Codes (1201.3 Property and Release, 1203.3 Handling Physical Evidence, and 1204 Forfeiture of Property). The procedure for the submission of property or evidence is typical for police departments this size. During office hours an officer may come to the property window and request assistance with the submission of evidence. When the section is closed, officers are to package and submit the evidence through the evidence drop box just outside the property and evidence office. Once the officer has appropriately packaged the evidence he places a bar code sticker which is available at the Evidence Property Desk and then enters the number into the computer located at the desk. This "Quetel Bar Code program," allows the officer to enter the date, his name, the case number, and description of the item being logged in, along with other pertinent information about the case. This terminal does not allow officers to alter any other submissions although they may search via the terminal for evidence within the system. Once the officer logs in the information, he /she places the evidence into a keyed locker and then drops the key to the locker into a secure locked drop box for the custodians to retrieve the next workday morning. The Police Executive Research Forum 129 485 of 757 Management Study of the Boynton Beach Police Department Digital and Triple Beam Balance scales are provided for officers to weigh confiscated drug evidence. Biological evidence can be submitted and stored in two locked refrigerators also in the area of the Evidence Property Desk. if officers must use one of the refrigerators they are to secure the refrigerator and drop the key into the drop box just using the same procedure as with the lockers. Additionally, there are small, medium and large storage lockers for long guns. Once the custodians open and take custody of the evidence, it is stored in a safe or "locked down" secure area. Money is placed in a safe and firearms and drug evidence are placed into a second interior lockdown area. Everything from this point in the process, regarding documentation, is done through the bar coding computer system. This system has been in place since June of 2002. Keeping money and valuables in a safe within a larger locked area meets national accreditation standards for safeguarding such property, but the combination has not been changed in a number of years and a number of people —no longer in the property and evidence chain of command — know the combination. The storage facility is cramped. Even with an on -going process to purge evidence no longer needed and property that meets the criteria for destruction or other disposition, space is badly needed to facilitate a more efficient operation. The evidence office and storage area are secured under lock and key. There are currently five keys assigned: one each to the two evidence custodians; one to the Forfeiture Investigator /evidence custodian; one to the sergeant; and, one to the Major in charge of the Support Services Bureau. Unannounced audits of the evidence section are conducted at least twice a year. Professional Standards conducted the last unannounced "spot audit' in April 2006. In the latter part of 2005, the senior custodian discovered that money was missing from the evidence section. A subsequent investigation revealed that the theft was internal to the section, and the responsible member has since been terminated and charged with a crime. The chief requested a major audit be conducted by an outside agency and the Boca Raton Police Department, under the direction of their Professional Standards Section, led a team of auditors in reviewing the Property and The Police Executive Research Forum 130 486 of 757 Management Study of the Boynton Beach Police Department Evidence Section. This audit revealed significant problems with the operation and identified other inissing or misplaced drugs, money and firearins evidence. A report was submitted on these findings and some of the recommendations included: • Immediately begin the disposal process for cases for which there was a final disposition • Property and Evidence Security needed to be increased • More staff was needed to keep up with the workload • An immediate supervisor needed to be assigned • Evidence custodians should receive more training relative to their responsibilities Most all of these recommendations have been acted upon, with the exception of the training. Enhanced efforts to facilitate the disposal of no longer needed property and evidence began in November of 2005 and continue today. It was reported to the PERF team that section personnel are about half way through with this disposal effort and it may well require about 12 more months before they are, again, in a normal intake and disposal mode. The disposal efforts reflect the following progress since beginning in November of 2005: • November 2005 — property or evidence disposed of, in 2799 cases • December 2005 — property or evidence disposed of, in 362 cases • January 2006 — property or evidence disposed of, in 419 cases • February 2006 — property or evidence disposed of, in 400 cases • March 2006 — property or evidence disposed of, in 217 cases • April 2006 — property or evidence disposed of, in 704 cases Some overtime has been authorized to pursue this task and section staff has been allowed to come in on Saturdays several times a month. Fluctuation in the numbers is reflected by the amount of overtime allowed to accomplish this significant undertaking. It is estimated there may be as many as 5000 -6000 more cases for which property and/or evidence could be disposed. Case disposal procedures are initiated when a report from the State Attorney advises that the case has reached a final disposition. If this requires or permits the disposal of evidence, a letter to the The Police Executive Research Forum 131 487 of 757 Management Study of the Boynton Beach Police Department court is initiated from the Property and Evidence Section. A judge must sign the order, which requires that the destruction take place with in 30 days. Destruction of drugs is done under the supervision of the Palm Beach County Sheriff's Office under heavy guard, with documentation and photographic evidence that the destruction took place. Each month the custodians submit a report, through the chain of command, to the Bureau Commander reporting on all activity completed in the month. They also submit cumulative quarterly reports to the Bureau Commander. Recommendations 1. Consideration should be given to the space limitations in the Property and Evidence Section. This is a problem that will only worsen as the city grows and the dep u becomes obligated to safeguard increasingly more property and evidence. The issue of trust and integrity of staff —as had been the issue in the past —does not hinge on an orderly property and evidence room, but adequate work space does help create an environment that supports the accurate accounting of property and a more efficient operation. It has been reported that a proposal for the purchase of movable shelf system has been submitted for budget consideration for the past 3 years and has not been approved. It is estimated that a gain of as much as 30% more space could be realized if such a system were procured. 2. The department should arrange to change the combination of the safe in the Property and Evidence Section and the new combination should be only known to the personnel that actively need to have access to its contents. The combination of any safe in the department should be changed whenever a holder of the combination is transferred out of the unit or chain of commend. In the event of missing property from a safe, an ensuing investigation would be far less complicated when the number of combination holders is at a minimum. Even if no transfers take place, it is a good practice to change combinations every two -three years. Every recommendation, herein, relative to combinations holds true for keys to areas in which property and evidence are stored, as well. The Police Executive Research Forum 132 488 of 757 Management Study of the Boynton Beach Police Department 3. The Property and Evidence Section should be subjected to regular, unannounced audits. The theft of money in 2005 revealed significant problems in the operation and security of the evidence section. It appears that positive steps are underway to correct these deficiencies and to prevent them from happening again; however, the department's (about- to -be- reinitiated) Staff Inspections function should have among its highest priorities, the audit of valuables maintained in this section. Full section audits should be regular events, but specific audits focused on valuables, cash and firearms should be more frequent and unannounced, but irregularly scheduled so as to not offer a pattern. 4. Stringent policy requirements should be implemented and enforced to see that property and evidence in cases that have been finally disposed of, are processed for destruction without delay so as to prevent problems in the future. 5. There are currently two civilian and one sworn officers performing evidence custodial tasks. The sworn officer /investigator is a multi- purpose resource. He addresses workload, is an added quasi - supervisory presence over civilian staff, and handles asset forfeitures. In the future, as the need for additional property and evidence staff becomes apparent, this position should be replaced with a less costly civilian member. The asset forfeiture duties of the position could be appropriately shifted to Investigations —if the job does not constitute a full -rime position. This would then free -up a sworn member for more appropriate duty. 6. In the future, the department should look to place a civilian supervisor over the Property and Evidence Section. Currently the sergeant offers a high degree of supervisory presence as the section works to purge unneeded property and evidence. Once the recommended inspections process is in place and the operation has sufficient, well- trained personnel, a civilian supervisor will be more efficient. Moreover, it provides another opportunity for promotion within the civilian employee ranks. The Police Executive Research Forum 133 489 of 757 Management Study of the Boynton Beach Police Department 7. Although the workload of this section is considerable, the training and development of the property custodians cannot be ignored. Time should be permitted to allow for regular training opportunities, to include attendance at outside Property & Evidence courses and seminars. S. The department should undertake discussions with the County Court Clerks office to develop protocols for direct access to the court records systems. Similarly, the members of the unit should be provided with access to the DMV DAVID system to assist with the return of property to persons who fail to show up with proper identification. While requirements for proper identification should remain a requirement, the focus should be on the removal of institutional barriers that prevent an efficient process of property releases. Direct access to the DAVID system will reduce the time required to release property. 9. The chain of command overseeing the Property and Evidence section should make an effort to formally involve all employees in discussions about section goals, workload strategies and expectations, and other issues that may arise. Management of this section has not been participatory or informative in the past. Employees have not been included in regular staff meetings, which should be held for the purposes of evaluating priorities and establishing direction. Records Unit The Records Unit is located in the Support Services Bureau of the department and reports specifically to the sergeant who supervises both the Records and Evidence Sections. The unit consists of 1 Police Records Clerk Supervisor, 10 Police Records Clerks and 1 part -time clerk. All positions are civilian personnel. Currently there are 3 open clerk positions and it is reported that the turnover is approximately 3 employees per year. The sworn police supervisor has just recently been assigned to the unit. As reported for other units, supervisory turn -over in this unit has been high — enough so the civilian supervisor in the unit has had minimal direction regarding the daily operation of the unit. The Police Executive Research Forum 134 490 of 757 Management Study of the Boynton Beach Police Department The civilian supervisor's responsibilities include but are not limited to, supervising, directing and evaluating the clerks of the unit. She is responsible for work schedules, assigns work of the police clerks and monitors work to ensure compliance with all applicable laws, policies and procedures. She coordinates training and certification activities for new employees, assists in the recruitment and selection of police clerks, prepares UCR for the Florida Department of Law Enforcement, reviews NC1C /FC1C validation reports along with a number of other reports generated by the unit and any other needed activity necessary to accomplish the mission of the Records Unit. Police Records Clerks have a number of duties and responsibilities and all clerks are cross - trained in each responsibility even though they may not be assigned to perform them on a daily basis. Their activities include front desk reception and answering non - emergency calls into the department and forwarding them to the proper authority. They review all police reports, including initial reports, supplemental reports, and accident investigations, for accuracy and completeness. They perform information searches and queries on the NCIC /FCIC computer system for active warrants, prisoners, missing persons, stolen property, and driver's license history checks. They process all police traffic and parking citations. They maintain cases and court information on felony cases and forward the information to the Palm Beach County State Attorney's office for prosecution decisions and action. They perform a myriad of other activities in support of the overall mission of the department. The deployment of the records unit personnel is around the clock, seven -days a week with the most employees on the day shift, Monday through Friday, and fewer people on the weekends. The supervisor works the day shift, usually from 8:00am to 4:00pm, with Saturdays and Sundays off. Currently there are four clerks positions assigned to the day shift, one being a vacant position. They stagger work -hours covering from 6:30am to 4:30pm. The part-time clerk (a college student) works days, with days off in the middle of the week. The evening shift has 3 clerks assigned, with coverage until midnight. Currently there is an open position on the evening shift. The midnight shift begins reporting at 10:00pm and works until 6:00am, and also has one The Police Executive Research Forum 135 491 of 757 Management Study of the Boynton Beach Police Department vacancy. The current deployment scheme provides coverage, temporally, and provides the minimum level of staffing needed to address workload. The Records Unit employs a computer software system called Web Partner /Crime Web. The system permits officers in the field access to the system through their lap top computers while records clerks can review reports directly on their screens in order to begin the quality control process and forward the reports to their proper destinations. Specific functions are assigned to available clerks, as follows. One clerk is specifically assigned the processing of stolen vehicles and missing persons. Once a report has been submitted electronically by the officer and reviewed by the supervisor, the clerk reviews the report and insures the appropriate UCR code is assigned. The clerk then tracks the validations and compares the "BOLOs" (be on the look out for) to the report to insure accuracy. Any related information can then be scanned into the case file before it is transferred to the Detective Division for investigation. All supplement reports are entered into the electronic file as received. Another clerk is assigned the processing of all crime and arrest reports. They are generated electronically by officers and are reviewed on screen by the clerk. The clerk, much like the process for stolen auto and missing persons, processes each, systematically. Both are reviewed for proper assignment of UCR codes and then forwarded electronically, either to the Detective Division for Investigation, or in the case of an arrest, to the State Attorney's Office for review and prosecution. A clerk processes Felony Folders, which are submitted by officers for case preparation for prosecution. The clerk insures that the folder is stamped appropriately with date and time received, generates States Attorney & Records transmittal logging, reviews the packets for original documents, supplemental reports, and then the packet is scanned and transferred to the State Attorney Office for intake. The Police Executive Research Forum 136 492 of 757 Management Study of the Boynton Beach Police Department One clerk is assigned to review and process accident reports. Although this is done in a similar way as the other reports, ultimately a hard copy of the report must be sent to the Palm Beach Traffic Office and the original accident report must be mailed to the Department of Transportation in Tallahassee. A clerk is assigned to the public reception window during the day shift, 7 days a week, and has the responsibility for all public requests for assistance with contacting other members of the department, request for reports, and routing of all non - emergency phone calls coming into the department. The new clerks go through an informal but organized field training program and are eventually taught the duties and responsibilities of all positions within the records unit. The Field Training Manual is well organized and gives daily direction to the clerk/trainer and trainee. There is no formal evaluation of the trainee on a daily basis. Security of the records unit seemed to be good and only those who work in the area are allowed inside. Officers and the general public cannot access the work area unless escorted by a person assigned to the area. Records retention and security are dictated by state law and under the guidelines of Chapter 1B -26, of the Florida Administrative Code, titled Records Management - Standards and Requirements (Electronic Record keeping). Training of the records personnel consists only of the informal field training of new employees and little is done thereafter. The supervisor has requested additional training in the areas of supervision, management and records management. No training has been provided to date. The space is adequate for the personnel assigned and the work performed. Statistical workload information for each clerk in the unit was not readily available other than to recognize they process all arrest reports, criminal reports, accident reports, and supplemental and follow -up reports generated by the entire department. The current level of staffing is sufficient for them to be able to meet their obligations, not without undue pressure and stress. The effect of the vacancies —on every shift—is clearly being felt by the clerks who are assigned to the unit. The Police Executive Research Forum 137 493 of 757 Management Study of the Boynton Beach Police Department This may also account for the lack of time for additional training and development of the supervisor and other members of the unit. Recommendations 1. The Records and Evidence Section has had a change of sworn supervisors three times in the past year. Traditionally, this assignment is not attractive to sworn supervisors, nor is there a need for a sworn supervisor to oversee this function. The department should look, in time, to create a mid -level civilian management position to replace the sworn supervisor. This would allow for a more permanent supervisory position and would offer civilian employees an additional promotional opportunity within the department. 2. The civilian supervisor of the Records Unit is not included in regular staff meetings with superiors, which can send a message that records personnel are out of the "information loop" within the department. Regular opportunities to impart information and direction are as essential for civilian units as they are for sworn. This should be remedied. 3. Shortages, of as many as three positions, are routine in the Records Unit. This causes an extremely heavy workload and stress on the other employees. When these positions are not immediately refilled, the stress and increased workload on the remainder of the staff only leads to further turnover. The department should refill the vacancies on each shift. If turnover continues to be regular, the department may wish to over -hire or expand the authorized strength in order to cover routine shortages. 4. The civilian supervisor is currently responsible for a 24 hour a day/ 7 day a week operation, with 11 direct reports. Although the scheduling allows her to see and communicate with most of the employees for a short period, her span of control is stretched. Consideration should be given to refilling one of the vacant positions with that of a "working" evening supervisor adding another civilian supervisor to insure appropriate supervision and direction for all of the employees of the unit. The Police Executive Research Forum 138 494 of 757 Management Study of the Boynton Beach Police Department 5. Training beyond the initial informal field training for members of the records unit has not been addressed. The supervisor has had little or no training in supervision or management. The department should include civilian training needs in its training plan, just as with units staffed by sworn members. The Police Executive Research Forum 139 495 of 757 Management Study of the Boynton Beach Police Department Staffing Summary A number of staffing recommendations are made throughout this report. The following table depicts the changes in authorized staffing recommended. In the report, some recommendations involve filling vacant positions that are already authorized. For example, on page 102 we recommend that an additional traffic officer be assigned to fill a vacant position. This would not increase the number of authorized positions. Assignment Rank/Position Increase Decrease Patrol Officer 2 Marine Officer 4 CAT Officer 1 Investigations Lieutenant 1 Records Sergeant 1 Records Civilian Manager 1 Property & Evidence Sergeant 1 Property & Evidence Civilian Manager 1 Property & Evidence Officer 1 Property & Evidence Civilian Evidence Clerk 1 Department -wide Total Total Lieutenant Sergeants 1 2 Total Officer 6' Total Civilian Manager 2' Total Civilian Clerk 1' d Recornmendcd to be handled in the future, through attrition. The Police Executive Research Forum 140 496 of 757 CITY OF BOYNTON BEACH, FLORIDA INTER - OFFICE MEMORANDUM TO: Lori LaVerriere, DATE: 4 April 2012 FILE: City Manager SUBJECT: PERF Study; 2006 FROM: G. Matthew Immler, REFERENCES: Chief of Police ENCLOSURES: The Management Study published by the Police Executive Research Forum (PERF) in 2006 began in 2005 just prior to my predecessor departing and at a time that the department was carrying forty vacancies below the authorized manpower level of 144 sworn officers. When I was given the job of chief on an interim basis I immediately began a complete reorganization of the agency to include shift alignment, deployment protocol and command structure. During this time the PERF team was on -site and assisted with this process in an advisory capacity while continuing their assessment of the agency as a whole. Consequently, much of what was accomplished in the later part of 2005 was not incorporated into the published study, but they are reflected in the mostly favorable comments found throughout the report. The overarching theme of the PERF suggestions focused on an increased supervisory role in the strategic allocation of resources. This concept is now ingrained within the department as evidenced by our successfully implementation of the COMPSTAT model. This strategy allows law enforcement managers to drive deployment discretion based upon: (a) quantitative analysis of reported crime, and (b) greatly enhanced communication between various complimentary domains within the department. Additionally, the department adopted a "districting model" to ensure geographic command `ownership' of specific areas of the city — all the while keeping line -level and supervisory employees agile and flexible to the needs of the community on a more personal level. This also contributes to identifying and resolving "root causes" of community issues. PERF also recommended enhanced dispatch protocols to improve the rapid deployment of officers to locations throughout the city at any given time in lieu of a high concentration of officers in any specific area of the city. This recommendation was implemented when the police department assumed formal responsibility for the communication's function and a lieutenant and a sergeant were assigned to this section to provide technical assistance and oversight. The communication's section, which was previously organized under the assistant city manager, has assimilated well into the department and a myriad of improvements have been made in accordance with the PERF recommendation of enhanced dispatch protocols. A "span of control" issue was identified due to the high degree of work bestowed upon the traffic sergeant. This was largely due to the complement of Community Service Officers the department once employed. Due to budget cuts, the CSO program has been eliminated and traffic enforcement staffing has been cut significantly. Additionally, as part of our commitment to succession planning and personnel development, the department has instituted an officer in charge (OIC) program which is incorporated in the collective bargaining agreement. This has helped alleviate supervisory overloading, especially in the traffic unit. A recommendation was made that the department track member availability and workloads and consider these factors in staffing plans. Since the PERF study, the department has instituted the TeleStaff personnel management system which tracks personnel, communicates changes in assignments, forecasts staffing shortfalls, and helps supervisory and command personnel assign personnel in the most fiscally responsible manner possible. This automated system also aids in oversight of leave time and overtime expenditures. PERF suggested that the department provide clearer guidance in the form of formal directives relating to the application of Use of Force. However, since the study, the State of Florida has abandoned the longstanding use of force continuum in lieu of a more subjective standard reflected in Graham v. Conner (1989) known as "objective reasonableness." While this directive has been modified, many of the changes suggested are now 497 of 757 outdated. Additional policy recommendations relating to SWAT deployment, Pursuit Driving, Internal Affairs Procedures... etc. have been made and continue to be revised as required by changes to the Florida statutes and Florida Department of Law Enforcement regulations. The department has instituted a robust staff inspection program and a proactive monthly in- service training initiative. These programs are new since the PERF study; however, inferences to their existence were mentioned within the study and therefore they deserve acknowledgement. Areas of concern that have not been addressed related to a lean training budget and complexity of operations in several — sometimes disjointed and offsite — workspaces. At the time of the study, the police department and the PERF assessors anticipated an adequately sized facility by 2009. Unfortunately, the department continues to operate in an inadequate facility and the PERF comments relating to this are still unresolved. As I pointed out in my original comments on the study, some of the recommendations were based on inadequate information or were contrary to statutes, rules, regulations and collective bargaining agreements. There were also those suggestions that were contrary to contemporary police management practices such as the 10 hours shifts which had long been abandoned in favor of an 11.5 or 12 hour shift configuration. These recommendations were not adopted. 498 of 757 COMMENTS ON P.E.R.F. MANAGEMENT STUDY OF THE BOYNTON BEACH POLICE DEPARTMENT Leadership, Management and Supervision Page 6 Multiple back -up officers at traffic stops - Traffic stops are among the top three situations that account for officer injury and death. Although they may seem routine in most instances, the inherent risk is more than adequate justification for additional officers on the scene. The study comments that "The primary downside to this practice is than no one is overseeing the ready availability of officers in other areas of the city." The patrol force is not deployed in a mode that considers the availability of officers in all sections of the city as a priority. Officers are deployed to those areas that experience the highest frequency of crime or to areas of particular concerns to the residents of that neighborhood. Although we insure that units are deployed both west and east of I -95, there are seldom less than 13 units on the street at any time. This provides sufficient coverage for most situations and incidents. Officers backing each other up on calls or car stops has never presented a coverage problem and our response time to an emergency call in any part of the city is less than three minutes. Page 7 Departmental Organization - The department has six lieutenants not seven and twenty -two sergeants not twenty -one. There is only one lieutenant assigned to the Professional Standards Unit. There is no "investigations lieutenant" as mentioned (although we have requested one in the 06 -07 budget). Traffic Sergeant — Agreed. There should be an additional sergeant in the Traffic Unit. Page 8 Show up rate - The "show -up" rate is of no value other than to determine the relief factor (referred to formally as an assignment availability factor) for the patrol force. This is determined by taking the amount of hours that an officer is potentially available for duty (2,920 hours in most cases) divided by the number of hours an officer is actually available. The result would be important for a force deployed on an eight or ten hour schedule in order to determine the size of each shift. However, our 11.5 hour shift deployment insures that the maximum amount of officers are available for patrol at all time, thus accommodating any reduction of manpower caused by leave, training or other factors that diminish officer availability. Additionally, leave, training and court time is established by collective bargaining agreement, the Florida Department of Law Enforcement and the States Attorney office respectively and is outside the control of the department. The only variable is the amount of medical leave an individual officer may utilize and the amount of discretionary training imposed by the agency. Page 9 Geographic responsibility - We have discussed a realignment of the patrol lieutenants based on geographic responsibility. This is referred to as a district or sector concept and my experience is that this works very well in large departments. I believe this concept has application in our city; however, this will require our patrol lieutenants to get some additional experience working with the crime analyst and with the COMPSTAT process (using computer based statistics along with neighborhood feed back via the patrol officers and residents in order to maximize efficiency in deployment). We are currently utilizing this process and it appears to be effective. This type of deployment also requires at least two and preferably four additional sergeants (one per platoon) in order to provide sufficient operational supervision. However; our current deployment has proven to be very effective and the Uniformed Services Division Commander has had no problem coordinating the efforts of the four platoons, addressing neighborhood problems and insuring consistency of service. It should also be noted that under the current deployment the department's response time to emergency calls for service (crime in progress, hold - up/burglar alarm, crash with injuries) is under three minutes. 499 of 757 Strategic Planning - The department is working on a long -range strategic plan. However, departmental re- organization and review must be completed before a workable plan is finalized. The department has also instituted the Labor Advisory Committee mentioned in the PBA CBA but heretofore not utilized. The committee meets with the chief quarterly regarding working conditions, force deployment and employee concerns. Recommendations, page 12 Empowerment - Discussion on empowerment of sergeants and lieutenants indicates that officers should be included. The information obtained by our officers as they interact with the residents is in fact the basis for our problem oriented policing philosophy. Officers are encouraged to take the time to discover the basis for a problem reported at the family or the neighborhood level as this information will ultimately lead to formulating a long term solution. Sergeants and lieutenants are encouraged to utilize this information along with a statistical analysis of crime and calls for service in order to formulate a weekly deployment plan. The weekly deployment plans are reviewed by the division commander and distributed to patrol division supervisors. Additionally, there are monthly staff meetings at the departmental level and regular supervisor meetings at the division level where information is exchanged. Daily "Briefing Logs" are posted on the email system by the shift commander with BOLO bulletins and crime statistics published daily and bi- weekly respectively, by the crime analyst. Self - dispatching - Dispatchers do not and should not make decisions regarding the number of units that are appropriate to handle a particular call for service. Dispatch protocols are developed by the Communications Division, which is not part of the police department, and are based on generalities associated with the type of call received. Field supervisors are the ultimate decision makers regarding the level of response to a particular incident. Officers are expected to provide cover and assistance to each other based the type of activity and geographic proximity to a fellow officer's location. Patrol coverage is not predicated upon a concept of equality throughout the city. Deployment of the patrol force is based upon those conditions and requirements identified by platoon commanders in the deployment plan and may result in more units patrolling a neighborhood where problems are occurring leaving other areas with little or no coverage. Concerns that a particular area is left uncovered ignores the principle that a thinly spread force based on arbitrary geographic boundaries is ineffective in combating crime and does not support our problem oriented policing philosophy. Written Directives Recommendations page 16 — Directives - The department has recently (April 06) brought its Power DMS system online. This software provides a comprehensive directive management system which provides officers with the ability to access all departmental Index Codes, Memoranda, Training Bulletins and Operating Procedures from their laptop computers. The entire body of directives can be searched, amended or updated in a matter of seconds. The search feature allows officers to place a single word or phrase in the search field and receive a listing of all provisions applicable to that subject. For instance, if an officer types in the words "use of force" all provisions for use of force in any directive will be listed. All directive review is performed on line by the person(s) responsible, who are notified by email message that a review or update is necessary. Electronic documentation of distribution, receipt and update is provided by the system. All departmental directives have been updated and reviewed and all are in compliance with the Commission for Florida Law Enforcement Accreditation (CFA) standards, Florida Department of Law Enforcement rules and regulations and applicable Florida statutes. 500 of 757 Use of Force — Our use of force policy is based on the model policies developed by the Palm Beach County Law Enforcement Planning Council, the Palm Beach County Sheriffs Office and the International Association of Chiefs of Police. It complies with the CFA standards for use of force and is updated annually to include recently promulgated recommendations from the above listed agencies. Policy will be reviewed pursuant to PERT recommendations. Page 19 — SWAT - An index code regarding SWAT operations and training is currently in development. Recommendations will be incorporated. Emergency Vehicle Operation (Pursuit) Policy - — Our pursuit policy is based on the model policies developed by the Palm Beach County Law Enforcement Planning Council, the Palm Beach County Sheriffs Office and the International Association of Chiefs of Police. It complies with the CFA standards for emergency vehicle operation /pursuit and is updated annually to include recently promulgated recommendations from the above listed agencies Page 20 - IA Policy - The time for completion of an internal investigation is established by Florida State Statute (180 days) and all investigations are tracked via the IA Pro software, which also provides for the tracking of established behavioral indicators which facilitates our early intervention system. Our IA policy complies with the Florida Statute (Florida Law Enforcement Officers Bill of Rights, Chapter 112), the Florida Department of Law Enforcement Rules and Regulations and the applicable CFA standards. Page 21 - Sexual Harassment - Policy is being revised and updated. Training to be conducted in the fall training phase. Page 22 — Evaluations of personnel - We will address the evaluation system when the collective bargaining process resumes in 2007. Page 26 - Organization - The Code Compliance division does work closely with the units organized under the Community Services sergeant. However, the Code Compliance Administrator is on a level closer to the Division Commanders as opposed to the Community Services sergeant and the administrator reports directly to the chief. This set up is more desirable and facilitates coordination with the other city departments that also work closely with Code Compliance. Crime Analyst — The Crime Analyst actual reports to the Division Commander but is shown on the organization chart as falling under the SVU sergeant. This is done for administrative accountability until such time as the Investigative Services lieutenant is replaced. The Support Services Division is tasked with providing crime and criminal intelligence information to the force, that is why the Crime Analyst falls within that division. Community Perceptions Recommendations pages 32 — 34 - Youth relations - The department will continue in our efforts to establish and maintain communication with the community in general and our youth in particular. The department has strong Explorer and Police Athletic League programs that serve the "at- risk" youthful population. We also participate in and support the MADDADS, Nights of Pythagoras and Boy Scouts of America programs. Our P.A.L. officer assisted by members of the CAT unit and utilizing a grant from the National Football League just concluded our summer football camp which provided athletic training and mentorship to 67 at -risk youth. Departmental members frequently speak at church group, HOA and Condo Association meetings. We will continue our efforts along these lines and investigate establishing a citizen advisory group as recommended. The department continues to support and 501 of 757 maintain a Citizens Observer Patrol program that has in excess of 1100 active members. The Citizens Police Academy will also continue with two sessions per year. The Window - A number of changes have been made in the Records Division. These are the personnel who work the "window" and handle the walk -in inquires at the station. Due to the volume of requests for reports and records, we found that the personnel assigned to the "window" (called the "bubble" by departmental personnel) were unable to respond to citizen demands on a timely basis and that this caused some hard feelings between our personnel and the lobby patrons. All of the UCR, court liaison and other functions not directly related to record retrieval and storage functions have been removed from the division and assigned elsewhere. We have reduced the lobby hours and adjusted shifts and working times to insure adequate coverage. Additionally, we have revamped the procedure for procuring reports so that requests are now filled via the mail. As a result, customer service has improved along with the morale of our Records personnel. Patrol Staffing Recommendations page 50 -57 — Staffing and Workload Analysis - I agree that presently the department is adequately staffed to handle the work load and to engage in problem oriented policing activities. That said, the statistical analysis of patrol activity as it applies to calls for service and workload analysis is not accurate. The study utilized calls for service (CFS) activity based on Computer Aided Dispatch (CAD) records which provide the information regarding the amount of time that is spent handling calls for service. Unfortunately, these records do not supply all of the information necessary to determine how much time is spent on CFS activity. When we reviewed the PERF work load analysis it was apparent, based on our experience and daily analysis of officer activity that the percentage of time spent handling call for service was grossly understated. Our field reporting system known as WebPartner requires that a CFS be "closed" before the next phase of the program, or the report writing phase, can be initiated. The information depicted in the study does not take into account that our records management/computer aided dispatch systems (RMS /CAD) determines the time spent on a call from the point the officer arrives on the scene to the point at which the dispatcher "closes" the call which is prior to the officer writing the report and completing other post -call activity. The time that the officer remains out of service writing the report, processing /transporting arrestees and submitting evidence in most cases exceeds the time the officer spent at the scene handling the incident or investigating the crime. This results in an understatement of the amount of time attributed to CFS activity as depicted in the PERF study. As a result, the work load analysis in this study does not provide any useful data. Notwithstanding, experience and our own analysis reveals that officers do have adequate time to engage in community policing initiatives and have done so with much success. Problem Oriented Policing - I agree with the recommendation that the department should substantially enhance its patrol community policing and problem solving efforts and as I explained to the PERF assessors — that has been the focus of the agency since August of 2005. Lieutenants and sergeants are managing officer discretionary time by utilizing information collected through crime data analysis (COMPSTAT) and by our officers in order to determine those areas that would benefit by enhanced police presence and intervention. A number of officers on each shift along with Community Action Team members, Traffic Unit officers and Code Compliance personnel are assigned to address emerging and existing problems by engaging in dialogue with residents and utilizing all available resources to formulate long -term solutions. Officers have been deployed on foot and bicycle to insure citizen /officer contacts are maximized. Citizen Action cards have been distributed throughout the neighborhoods and 502 of 757 we have realized a 60% return rate resulting in a wealth of information that has proven valuable in our efforts to address community concerns. Geographic based patrols - I do not agree with the recommendation that the department further implement geographic based patrol. Geographic -based patrol using the "beat" and "cover car" concept is an early form of community policing that has proven to be very expensive and for the most part unworkable. This form of deployment recognizes two police functions within the patrol force; community police and call - taking police. The community police work the same "beat" or "post" each day and become familiar with problems on their "beat ". The call - taking police handle the calls for service thus freeing -up the "beat" police to engage in "community policing ". Unfortunately, this concept received a lot of attention, mostly in police administration text books and j ournal articles (initially as "foot" officers and "motorized" officers) at about the same time that the 911 system was implemented nationwide. The dramatic increase in calls for service that resulted (referred to as "the tyranny of 911") caused police departments around the country to re -think the community policing concept. What developed was an emphasis on "problem oriented policing" or "preventive policing" which many law enforcement professionals (including myself) believed was the original intent or focus of the community policing concept. That concept has become the department's focus and strategic plan for the immediate future and requires every member of the department to interact with the community and identify neighborhood concerns that need to be our concerns. We have accomplished this task by empowering our patrol force with the ability to alter the deployment based on existing conditions without the restrictions inherent in a geographically defined allocation. The recommendation relies on the 10 geographic "zones" that divide the city for reference /patrol purposes. As we explained to the PERT personnel, these zones were arbitrarily drawn many years ago and have no correlation to work -load or crime patterns. We use these zones only for reference when a particular area of the city needs to be studied or singled out for some reason. These zones are too large for a single "beat" officer and to further expand them to form the recommended five "beats" would create an area too large to be effectively patrolled by a single officer. In reality, all most all calls for service require the presence of a primary officer and a back -up officer. On an average 24 hour day, the patrol force is "out of service" (meaning all officers are on an assigned call for service and calls for service are being "stacked" as they come in) 10 times (determined by calculating the amount of time a call was held for more than five minutes due to unavailability of units). This occurs despite the fact that our present 11.5 hour /two platoon configuration puts the maximum amount of officers (which is between 13 and 15 officers at present) on the street at any one time. By staggering the reporting times throughout the day, the maximum number of officers are on the street at peak call times. Anything less than a four - platoon /11.5 hour deployment increases the delay in responding to calls from our citizens and reduces the amount of officers available for discretionary deployment thus defeating the flexibility that our lieutenants and sergeants use for community policing initiatives. Unfortunately, the report does not include a discussion of these initiatives and their impact. Our monthly reports indicate that our patrol force has engaged in neighborhood intervention activities ranging from foot patrol in the areas of open -air drug sales to attending children's birthday parties. It might be too early to gauge the results; however, crime is down 26% city wide (the largest crime decrease in 10 years) and officer use -of -force incidents have decreased from a high of 328 in 2004 to a low of 131 in 2005. Information availability - The department has just completed the first phase of training in problem oriented policing strategies. All sworn members, Code Compliance officers and civilians who deal with the public as part of their duties have completed a two -day cultural competency course provided by Towards aMore Union. The instruction was excellent and very well received by our members. While I agree with the recommendation that COMPSTAT and problem solving training is important, learning to appreciate and interact with a diverse community is the starting point. We will move in to the more technical aspects of community policing in the training rotation that begins in October. Additionally, all 503 of 757 of our new supervisors are attending supervision and management classes along with specialty training provided locally by Palm Beach and Broward community colleges. Rewards - The department recently conducted it's annual memorial service and awards ceremony at Intracoastal Park. Over 100 of our members attended and many received awards and recognition of some kind. Additionally, every third monthly staff meeting begins with an award ceremony to insure that members are recognized for outstanding performance throughout the year. Information sharing - Information regarding crime analysis, calls for service along with officer and unit activity /productivity is available to every sworn member of the agency via their vehicle mounted laptop computers or through any of the computers provided in our computer lab. Strategic planning is accomplished through divisional meetings and the resulting deployment plans that are formulated and reviewed weekly. The previous week's activities are reviewed by the division commander along with the lieutenants in order to determine the level of progress resulting from our efforts. All shift activities are logged and distributed via the email system at the conclusion of every shift in order to provide the on- coming shift and other entities with information that may prove helpful in our community policing and crime fighting initiatives. Other Organizational Components Recommendations page 59 -60 Budget - I agree that we have a modest budget. Space Needs — I agree that our space needs have become critical. We could greatly benefit by some outside office space until a new facility can be built. Recommendations page 67 -70 Informal Complaints — An informal complaint is one that does not allege misconduct and involves a disagreement regarding the actions taken in response to a particular incident or violation. Example: An officer issues a traffic citation and the violator complains that the citation should not have been issued for some reason. These types of complaints are frequent and are handled by having the sergeant meet or speak with the complainant and explain our polices, procedures and responsibilities pursuant to the Florida statutes. These are documented in the sergeant's diary but should not be included in our IA case files or in the Early Warning System data. Policy failures — The Index Code will be amended to formalize the procedure for handling a policy failure. I raining - Training for sergeants and lieutenants in the conduct of internal investigations has been completed. Serious investigations and officer involved shootings - Any serious violation is presented to the states attorney's office for review by their investigative unit and for possible criminal prosecution. All officer involved shootings are investigated by the states attorney's office first. A subsequent investigation is conducted by IA in order to determine if any policies or procedures have been violated. There is no need to enter into an agreement with FDLE or the SA's office as recommended. Florida Statutes and the Statewide Mutual Aid agreement cover the issues raised in this recommendation. Time limits on IA investigations — No investigations have gone past the 180 statutory limit since August of 2005. The statement that "Most police departments feel 45 to 60 days is a reasonable time frame" is questionable and certainly not supported by any available data. Some investigations can be completed in several weeks and some require months of investigatory work. 504 of 757 P1O — A civilian PIO position is being considered for the 06 -07 budget year. Page 771n- service Training TASER, OC spray, ASP and specialty impact munitions training is conducted every year along with the yearly use of force training block. Additionally, domestic violence updates are included along with the yearly legal update training. Recommendations page 79 -82 Training Plan — The Commission for Florida Law Enforcement Accreditation is considering changes to the training standards which should be finalized at the October meeting. At that point we will formalize a training plan for the coming year. Space - I agree. We do not have adequate space for our training needs; however, we make use of outside facilities when possible. Recruiting For the first time since 1999, the department is at full strength and we have an applicant pool (waiting list) of approximately 110 applications. Unfortunately, a great many of our applicants are not qualified for one reason or another leaving few good candidates to choose from. In the past, the Training Unit traveled throughout the state attending job fairs, college career days and other recruiting oriented functions with an emphasis on those events likely to draw minority applicants. For instance, our recruiting team has attended functions at traditionally black colleges and in large metropolitan areas like Jacksonville where a more diverse pool of applicants can be found. As a result of these efforts, no successful minority candidates were recruited. Similarly, advertising in several widely read minority oriented publications failed to bring us any successful candidates. Unquestionably, the best source of qualified applicants comes from the members of the police department themselves. At this point we can accurately state that the members of this agency are at least satisfied with the BBPD as an employer and as the PERF study points out, many are very happy to be working here. That's the reason we have no openings and no lack of potential candidates. The study points out on page 74 "it is interesting to note that White, Black and Hispanic applicants were hired at identical rates. " If nothing else, this fact affirms that our hiring practices do not adversely impact any particular group of candidates. The same can be said for our business practices; we attempt to maintain an environment where all members of the agency can pursue their career goals and practice their profession without fear of retribution or ridicule for honest mistakes in judgment and application of innovative or creative policing techniques. This insures that our members will keep the applicant pool filled. As the study points out on page 74 "Overall, the selections made by the department demonstrate an effort to hire a diverse group of recruits that fairly represents the city's overall minority population... " Our efforts along these lines will continue and a force that reflects the diversity of the community it serves will always be a top priority. One initiative we are consideri ng is the Neighborhood Ambassador Recruitment Program. This program has been used successfully in large northeastern and mid - western departments and involves members of the community in the recruiting process. Community leaders and business professionals are recruited to do the recruiting. The citizen recruiters are trained in the process and the desirable characteristics and qualifications of a police officer. They in -turn recruit qualified community members as applicants. Our website receives at least 100 hits every day and continues to be an excellent source of candidates. The average viewer on our website views 8 pages per session which indicates a high level of interest in our organization. Our application is easily downloaded or completed on line and all of the information regarding our salary, benefits and departmental organization can be found on the site. We have recently overhauled the site and made it more user - friendly. Most out of town candidates have told us that 505 of 757 shopping the internet is the preferred way of locating law enforcement agencies in a particular area and obtaining employment information. FTO's The FTO software program that was being utilized was too cumbersome and did not meet our needs. We are looking at some new software and decided that until another program is purchased, it would be easier to utilize pen and paper forms to insure consistency in reporting. Recommendations page 84 -85 Code Compliance — There has been an increased emphasis on having the Code Compliance Division work closer with the Uniformed Services Division. Officers have, with increasing frequency, referred quality of life issues to Code for action and we are exploring the feasibility of forming a Code Team along with the Building Department to address issues of unlicensed contractors and exploitation of elderly residents by unscrupulous home improvement scam artists. We will also consider the issue of radio communications with Code officers although the present system has not presented any problems. Recommendation page 87 Marine Unit— We do need to maintain a presence in the waterways adjacent to the city and the beach. There are a number of officers who are trained as boat operators and we do deploy the marine enforcement vessel when manpower permits. We have also recently acquired through donation, a 22 foot Nautica Ridged Hull Inflatable boat for use in the fresh water canals and lakes within the city. Over the 4 of July weekend, the Marine Unit was operational due to the fireworks and heavy boat traffic. Future manpower requests will consider a permanent staff for this unit. Recommendation page 88 Canine Teams — Policies are currently being reviewed. We will consider the "bark and hold" option in the future. Current canines have been trained for "bite and hold" work and retraining appears not to be an option. Current canine deployment has worked well and our teams work closely with the Sheriff's Office, Delray Beach and Boca Raton canine teams. Dogs for bomb and drug detection as well as tracking are available at any time. Recommendations page 90 -93 Community Action Team (CAT's) - The CAT team concept is new to the agency and is still under development. Currently there is one sergeant and five officers assigned to this team. They are supplemented by shift personnel who have been trained for bicycle patrol. The Special Services Lieutenant (referred to in the report as an Administrative Lieutenant) submits a weekly deployment plan along with the other platoon commanders. The report indicates that the team spends a great deal of time on street level narcotics enforcement. Actually, street level narcotics trafficking is an overriding community concern in certain areas and the team is well suited for this type of enforcement. Information is readily relayed to the VIN unit and from the VIN unit back to the CAT's. To date, the CAT's have been very effective and well received by the residents. Recommendations page 95 -96 Community Education We will continue our efforts to expand the Citizens on Patrol program to all neighborhoods in the city. The next Citizen's Police Academy session commences in October. The report did not mention our Parking Enforcement Unit which is staffed by 15 volunteers who have been trained to enforce the code based parking regulations. These volunteers also offer additional "eyes and ears" for our officers. They primarily patrol the commercial and retail areas of the city and have been very effective. Recommendations page 101 -102 Traffic Unit — We are planning to move our Training Unit to the Range on Minor Rd. in August of 2006. The Traffic Unit will move into the office currently occupied by the Training Unit which will give them some added space. We realize that the facility is inadequate 506 of 757 and does not provide the required space for any of the police department functions. A new facility is planned but no timeline has been established. An additional sergeant in the Traffic Unit is highly desirable; however, current manpower levels do not permit this. The Traffic Unit supervisor reviews all crash reports and maintains a continuing analysis of problem locations. The Department of Utilities and Engineering provides assistance whenever it is needed and works closely with our personnel to alleviate traffic and highway related problems. CSO's — We are planning to expand the duties of the Community Service Officers to include handling non - emergency calls for service that do not require additional investigation and non - criminal service calls. Recommendations page 104 -105 SWAT— An armored personnel carrier is not fiscally possible at this time. However; the Palm Beach County Sheriff s office maintains such a vehicle and it is available to us if the need arises. Page 106 Support Services Division — This division is not "home to 7 civilian" employees. There are 19 civilians assigned to this division. Recommendations page 119 -120 Investigative Services Section I agree that the investigators are working at capacity and it would not be productive to expand the criteria for cases assigned to the section for follow -up. I also agree that since there is no more work space available, expansion of the unit is not practical. An additional consideration when determining the work load for our investigators is the amount of time spent on surveillance details and special operations. These additional hours, which were not considered in the study, would further support the fact that our investigators are unable to handle any additional case load. Example: In the past six months our investigators conducted a prostitution sting operation which required one detective sergeant and five investigators for a total of 98 hours. Additionally, one sergeant and four investigators conducted a surveillance /apprehension operation (confidential location) for an additional 200 hours. I do agree that a lieutenant should be added to the ISS and one has been requested in the current budget which is under consideration. Statistical and Case Review — This process could not be more standardized. The CAD /RMS system insures that all cases are reviewed and acted upon in some way. The software package is not at all complex and any member of the agency who deals with reports or statistics can easily access and navigate this data base. There has never been a problem related to "consistency in the extraction of data" (although we aren't sure what they mean by this). Recommendations page 124 -125 — Task Force — The PBSO MAN unit was disbanded in 2004 so we will not be able to participate in that task force. We have, however, assigned an officer to the Violent Crimes Task Force (VCTF). This unit, operating out of the PBSO, assists with the investigation of violent crimes county wide and compiles and distributes data on violent crime patterns and participants. We also have an investigator assigned as liaison with the Multi Agency Gang Task Force (MAGTAF) which insures that we receive any available information concerning gang activity in our area. Vice /CAT - These units work closely and have collaborated on several special operations since January. Crime Analyst - This function is assigned to Investigative Services since that unit is at present tasked with providing crime pattern and intelligence information to the patrol force. The Crime Analyst also functions as the control point for sexual offender /predator control and documentation. The Analyst 507 of 757 supplies weekly crime reports and maps depicting "hot spots" and other areas of concern. Summaries of calls for service, self initiated activities and reported crimes are accessible at any time by any member with access to the CAD /RMS system. Recommendation page 128 Crime Scene When fiscally feasible, we will add the desired equipment to the crime scene van. Recommendation page 132 -134 Property Evidence — I agree that the department does not have an adequate property /evidence processing and storage facility. This will be addressed when a new facility is designed and constructed. A moveable shelf system is under consideration in the 06 -07 budget. The combination to the safe has been changed and restricted to two persons. As indicated in the report, unannounced inspections are now conducted with the last one being completed in April 2006. We will consider replacing the sergeant with a civilian supervisor in the next budget year. Palm Beach County is currently developing a system that will allow our evidence custodians direct access to court case information. They are about six months away from testing the system. With the assignment of a sergeant over this function, unit functioning and communication should be enhanced. Recommendation page 138 -139 Records - We will consider a mid -level civilian manager position for this function in future budget years. The civilian supervisor attends all staff meetings. All vacant positions in this unit have been filled. Evening shift staffing has been reduced along with the lobby hours. The shift commander is able to address any records related problem in the evenings. Records personnel receive training appropriate to their positions and are encouraged to participate in training programs provided by the city's Organizational Development Unit and the local community colleges. 508 of 757 L [fi go I I *Igo _.. ... _ training policies provided at the request of Mayor Rodriguez. No action required. ExPLANATION OF REQUEST: Mayor Rodriguez requested information regarding the police department's hiring and training practices via an email to the City Manager dated August 7, 201 The Mayor further requested that his questions and the responses provided by the Chief of Police be placed on the city commission agenda. Those questions and responses are as follows: 1 1111711 I�IIIIIIIIIII �I III 11 7 509 of 757 PUBLIC HEARING CITY MAN GER's REPORT ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS NATURE OF NEwBUSINESS AGENDA ITEM - ADMINISTRATIV CONSENTAGENDA r m 1 HER FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL M, SETTLEMENTS ■ _.. ... _ training policies provided at the request of Mayor Rodriguez. No action required. ExPLANATION OF REQUEST: Mayor Rodriguez requested information regarding the police department's hiring and training practices via an email to the City Manager dated August 7, 201 The Mayor further requested that his questions and the responses provided by the Chief of Police be placed on the city commission agenda. Those questions and responses are as follows: 1 1111711 I�IIIIIIIIIII �I III 11 7 509 of 757 I . now" 510 of 757 We also added 20 officers so the span of control remained unchanged. Unfortunately, the PD lost 21 civilian positions over the past two budget years. Many of these positions provided administrative oversight of some operational component and as a result, the sergeants and lieutenants have taken on an increased administrative role. This takes away from time spent supervising the officers on the road. So to answer this question I offer that we could benefit by additional supervision both at the command level and the operational level. The standards themselves are in place and they are numerous and rigid. If the standards (and our disciplinary system) were not robust, no one outside of the PD would have known what these officers did. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect on city programs or .c,ex6rp,s. FISCAL IMPACT: None. alYZINTWW11 511 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 B. Information regarding the police department's hiring and training policies provided at the request of Mayor Rodriguez. No action required. 5l2of757 M 513 of 757 Meeting Minutes Regular City Commission Boynton Beach, FL November 1, 2011 Commissioner Ross asked if the loss of administrative employees over the last few years had impacted the supervision level. Chief Immler advised the reduction of 21 civilian employees was the result of budget cuts. It does seriously affect the administrative processes and many are regulatory in nature. There is an increased burden on sworn staff to complete and supervise the processes. The 2006 study revealed the De-,yartment hcd a veq lean command staff with chief and two majors. The Lieutenants and Sergeants are required to do many jobs normally assigned to commanders in addition to street supervisory duties. Consensus There was consensus the Interim City Manager would do a proposal for a comprehensive review to be returned tD the Commission. Commissioner Hay did want to see improvements in the police force. The education enrolled in college courses at the time, according to Officer Cedric Aikens. Commissioner Hay did not feel higher education would necessarily guarantee better officers. It may enhance their abilities; however, their attitude would be more important. The negative publicity should be viewed as a positive. The fact the Department is getting rid of those bad officers shows the system is functioning and valid. The City has had a reduction in crime and the City is a leader in fighting crime. Commissioner Hay agreed with an in depth study to see if improvements could be made. He was satisfied with the procedures being used and expertise of the officers that had been demonstrated in the past. Mayor Rodriguez agreed Boynton Beach had an excellent department, but improvements can always be made and he looked forward to further evaluation and recommendations from staff. Ms. LaVerriere added re-evaluation in all departments is needed and employees have been fired across the board, but those do not make the news. It happens and the City *sntinues to look at the processes in place to remain outstanding. None None IE 5l4of757 RESOLUTION NO. R12 -025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RCULTURES, INC., IN AN AMOUNT NOT TO EXCEED $21,600.00 FOR THE PURPOSE OF PROVIDING AN ORGANIZATIONAL CULTURAL ASSESSMENT OF THE CITY OF BOYNTON BEACH POLICE DEPARTMENT; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in November, 2011, the City Commission held discussions regarding the hiring and training practices of the City of Boynton Beach Police Department and directed the Interim City Manager to seek proposals for potential further review of those practices; and WHEREAS, City staff sought proposals based on the discussions in November; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Consultant Agreement between the City of Boynton Beach and RCultures, Inc., in an amount not to exceed $21,600.00, for the purpose of providing an organizational cultural assessment of the City of Boynton Beach Police Department. 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 hereby approves a Consultant Agreement between the City of Boynton Beach and RCultures, Inc., in an amount not to exceed $21,600.00 for the purpose of providing an organizational cultural assessment of the City of Boynton Beach Police Department. Section 3. Authorizing the Interim City Manager to execute the Consultant Agreement, a copy of the Agreement is attached hereto as "Exhibit A." Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17 day of April, 2012. CITY OF BOYNTON BEACH, FLORIDA 515 of 757 Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 516 of 757 From: Rick Caldwell [rick@rcultures.com] Sent: Thursday, December 15, 2011 1:44 PM To: Immler, Matt; LaVerriere, Lori Subject: Proposed consulting agreement Helo Chief and Lori, Attached you will find my proposed contract to the City and the scope of services provided. If varwr-WYJAW11 cum I will make mvself available. Looking forward to this prQject and the continued connection with RCultures and the City of Boynton Beach. Great holiday season to you both. Rick Caldwell 5l7of757 518 of 757 Agreement. Consultant will not be entitled to participate in any of the fringe benefi) programs. G. Ro ExclusMV It is understood that Company does not agree to use Consultant exclusively. It is further -KV-?IkX;t provide similar services for other persons during the period it is providing services to Company under this Agreement. H. Confidenti fltis-Co and at any time after its expiration or termination, Consultant shall not directly or indirectly divulge, disclose or use for any purpose other than to effect the terms and cR urse of negotiating or performing under this Consulting Agreement to any person or M"WW" 16 11-C-111 ""i Y I WL%wq 1. n"-rX%IVJ WVnuW-rZWJLr I-s 1,-ZI - �uy other person or entity. Confidential information shall include, but is not limited to, all information and records whether oral, written, or electronic or disclosed prior to or subsequent to the execution of the Consulting Agreement regarding police information, quality assessments, finances, methods of operation, contract and prices and price-related information. It does not include information made public by the Company. 1. Reimbursements % -To A w "%F;JiW,Ar,wt oJ ig Wysts jr gx1g jjW" *o jI or f - Cb 8=1 14LIL FUMURY, LU UI IAV IfUff- I-MUS14-CIML SUIUJIj fUNPURSIDIV for all such costs and expenses including but not limited to maintenance, repair and replacement of Consultant's equipment used in carrying out its obligations under this Consulting Agreement. J. Personal Property Company shall in no way be liable for damage or loss which occurs to Consultant equipment, vehicles, or any other personal property of Consultant. K. Workers' Compensation Consultant shall purchase, keep and maintain in effect workers' compensation coverage as required by law for Consultant. L. Indemnification Consultant shall indemnify, defend, and hold harmless Company of and from any and all liabty, claims, actions, and causes of action whatsoever arising out of or in any way connected 1'. the performance by Consultant of his obligations under this Consulting Agreement, including, but not limited to, injuries, causing personal injury, property damage, and/or death. Consultant shall also indemnify for aft costs and expenses, including attorney's fees incurred by in connection with any suits or actions arising from any such liability. 519 of 757 M. Term and Termination The term of this Consulting Agreement shall be three (3) months commencing on the Isi day of 2012 and terminating on the 30th day of 2012. Either party may terminate this Agreement for any reason by providing fourteen (14) days written notice to the other party. This Consulting Agreement may be terminated immediately in ihe event of a breach of its obligations hereunder by the other party. gM R �* ly shall be delivered to: CONSULTANT: 1014 1 05 160 \ b'41 City of Boynton Beach Attn: City Manager I:• R1 Beach, FL 33435 [rhone: 561-742-6010 Fax: 561-742-6011 N. Attorney's Fees In the event of default by Consultant of any provision of this Consulting Agreement, then Consultant shall Vali reasonable attorne�,i's fees for the service • attorneys in gafQjgjas thi fi,rovisions of this Agreement. 0. Modification This Consulting Agreement constitutes the entire agreement and understanding between - 1 arties and shall not be altered. changeti, amended • modified in any respect unless i writing and signed by both parties. 520 of 757 IN WITNESS WHEREOF, the parties have place their hands and seals the day and year first written above. I I . 4 ( I I I [KOXF116W. 0 I I 1 6 ARM ME , P W14) 9 awl' WA i� If 1 111 I's 101111 V I I I is Caldwell, President Lm 521 of 757 UJITRUN)", ". Consultant Services Fees For Climate Assessment I "V W41WA 41ml M-MR-NUOT"I M-1 32 Hours ride to assessments: (8) 2 hours ride along day shift 16 hours (8) 2 hours ride along night shift 16 hours Total: 32 hours 40 Hours assessment groups (including ethics training): 4 hour sessions flr$Tplm�� 8 Hours survey assessment and survey build 16 Hours creatine assessment and creating regorts frolmmilim= REWSB� 1St Invoice (1 April 2012) $10800.00 2nd Invoice (15 May 2012) $5400.00 3rd Invoice (30 June 2012) $5400.00 Total: $21,600.00 R'Cultures, Inc. Glkky:. ALIffmRO 522 of 757 ary =-My'r4rTiffammm Because the assessment is customized for the Boynton Beach Police Department, -?,dditional items can be added if needed. 523 of 757 m MA R T A�. X�NNrNGS� MARIANNE M. JENNINGS ATTORNEY, AUTHOR, TEC7URER, PROFESSOR MOTHER, W3rFE PO Box 31571 MESA, AZ 85275-1571 ASSISTANT: KRISTINE TA330H Marianne M. Jennings ME w1wilty-MM �tl I no diprTriFFM 524 of 757 1. Preliminary Work Marianne A Jennings will spend one day in the department talking one-on-one with leaders and employees about their perceptions on ethics, the culture within the standards of the department. and their community. A list of questions that will be used to start these conversations is attached. Professor Jennings will offer suggestions for the cross-section of employees to help with this review. III. Program Length The length of the program varies, depending upon the findings in the preliminary interviews as well as discussions with leaders about costs, budget, and scheduling. decision processes, and antidotes. 'Included in the slides are diagrams and illustrations of issues and processes. V. Program Presenter 525 of 757 of Arizona, California, Idaho, Florida, New York, and Washington. Her bio is reproduced below. Professor Marianne Jennings is a member of the Department of Management in the W.P. Carey School of Business at Arizona State University and is a professor of legal and ethical studies in business. At ASU she teaches graduate courses in the MBA program in business ethics and the legal environment of business. She served as director of the Joan and David Lincoln Center for Applied Ethics from 1995-1999. From 2006-2007, she served as the faculty director for the MBA Executive Program. Professor Jennings earned her undergraduate degree in finance and her J. D. from Brigham Young University. Her internships were with the Federal Public Defender and U.S. Attorney in Nevada, and she has done consulting work for law firins, businesses and professional groups including AES, Boeing, Dial Corporation, Mattel, Motorola, CFA Institute, Southern California Edison, the Arizona Auditor General, the Cities of Phoenix, Mesa, and Tucson, the Institute of Internal Auditors, Coca-Cola, DuPont, Blue Cross Blue Shield, Motorola, Mattel, Pepsi, Hy-Vee Foods, IBM, Bell Helicopter, Amgen, Raytheon, and VlAD. Professor 2011. Her first textbook, Real Estate Law, had its ninth edition published in January 1997, a text whose 21st edition was published in January 2010. Her book, Business Strategy for the Political Arena, was selected in 1985 by Library Journal as one of its recommended books in business/governinent relations. A Business Tale: A Story of Dhics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen ► Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000 her book on corporate governance was published by the New York Times MBA Pocket Series. Professor Jennings' book on long-term success, Buil&ng a Business Through Good Times and Bad: Lessons from Fffleen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her latest book, The Seven Signs of Ethical Collapse was published by St. Martin's Press in July 2006. Her books have been translated into five languages. Her columns have been syndicated around the country, and her work has ap peared in the Wall Street Journal, the Chicago Dibune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody F7xes Real Carrot Sticks Anymore, first published in 1994 is still being published. She was given an Arizona Press Club , --ward in 1994 for her work as a feature columnist. She has been a commentator on business issues on All Things Considered for National Public Radio. 526 of 757 The one-day on-site visit fee is $5,000.00 plus travel expenses. Half-day training iessions are $4,500.00 plus travel expenses. VARAMPITT 527 of 757 Eric Wayne — U.S. Department of Energy 202-287-5308;. Eric.Wayne@hq.doe.gov Patricia Moran — VANCHCS Patricia.Moran@va.gov Monja Vadnais — Department of Energy, OECM 202-586-6199; monj&vadnais@,hq.doe.gov F-TJ =7I Jean Sammon/Kim Flanders — Bureau of Land Management 602-906-5622 Jean; 602-906-5628 Kim, jean Kimberly_Flariders@blm.gov 528 of 757 529 of 757 RALM BEA-Cf-ITSEATE COLLEGE Chief Matthew Immler 100 E Boynton Beach Blvd Boynton Beach, Fl- 33435-3899 NE: Proposal for Professional Services Ethical Excellence - Building a Reputation for Integrity 70-micumumm? BELLE GLADE BOCA RATON LAKE WORTH PALM BEACH GARDENS wwy�, PaImBoachState.edu 530 of 757 CENTER FOP, 4200 Congress Avenue 561-868-3544L__ APPLIED ETHICS Lake Worth, FL 33461-4796 S61-868-3538 w. VA Lm BEACH &WE CO LLEGE DATES: To Be Determined, 2012 ORGANIZATION: City of Boynton Beach Police Department 100 E Boynton Beach Blvd Boynton Beach, FL 33435-3899 [01111*41111yj alrnBeachState.edu P BELLE GLADE BOCA RAI LAKE WORTH PALM BEACH GARDENS w ' ww. 531 of 757 CENTER FOP. 4200 Congress Avenue 561-868-3544'� APPLIED ETHICS Lake Worth, FL 33461-4796 561-868-3538 m z I X we =06 aim "' , hase0ne: Benchmarking and Interviews (5 Days - 40 hours) 1. Administer Benchmarking Tool to 11 Senior Officers (Chief, Majors, and Lieutenants), 11 Sergeants, and 11 Officers. 2. Conduct Individual interviews Phase Two: Executive Benchmarking Review Session (Half day session — 4 Hours) 1. Deliver a written and oral Executive Summary including the background, issues, process, and recommendations from the project 2. Feedback, recommendations, and next steps 532 of 757 1. A minimum • one qualified facilitator, Barbara Cheives for ea phase. 2. Benchmarking tools and all training materials. 3. Appropriate representatives at all required meetings. III-TATIMIFIT-7m P ROJ ECT COST: rMT-MEM 533 of 757 A Case for Ethical Excellence January,2012 "Policing is .... and will remain a people business" Policing 2020: Exploring the Future • Crime, Communities and Policing, 2007 � . - 1 . ; , a population comprised of a rich mosaic of residents from a variety of racial, ethnic, and economic backgrounds, it ranks as one of the most culturally diverse cities. As the city grows es increase accordingly. One needs only to pick up any paper to read about challenges around integrity and the genera landscape of ethics in which we find ourselves. As the ethical landscape changes and societal values fluctuate, behavior and decision making are directly affected. Perhaps no other group individuals feels the impact • these rapidly changing dynamics more than law enforcement. Police executives are charged with ensuring that their officers make ethical decisions at every level of the department, in the day-to-day business of policing, or risk losing the public's trust. When citizens mistrust the police, whether this mistrust is real or perceived, they will eventually react adversely. The range • issues confronting a police department, are often exacerbated by negative media attention. I 534 of 757 Proposal for Comprehensive Analysis of Police Services Boynton Beach, Florida 535 0 757 r 0 R P U E I c 3\ t [ T Y A G M Leaders at the Core of Better Communities UOTATUTAITA I r-T-TSTz City Manager's Office City of Boynton Beach 100 E. Boynton Beach Blvd. •. :« 310 Boynton Beach, FL 33425-0310 " W 7*T--T.TJ RT * Z- Leonard A. Matarese, ICMA-CM ! Ijjj — IA, • i � , men _j. 91se gic Wev ICMA Center for Public Safety Management - Boynton Beach, FL Page 2 of 21 536 of 757 537 of 757 ! 1 ! !i 0171M '1113 NEES 538 of 757 iMTAjfflA;r4* ICMA Center for Public Safety Management - Boynton Beach, FL Page 5 of 21 539 of 757 Key Team Members: Project Mgpgger Director of Research and Project Development, ICMA Center for Public Safety, TXMT-17-= �' I Ii �CMA Center for Public Safety Senior Team Members Dov Cheist, Ph.D. Director of Quantitative Analysis 540 of 757 Background Mr. Kole is an expert in the use of GIS based software tools for publi, safety agencies. He holds c Master of Science in Statistics from Sa Houston State University, a Master of Science in Industrial Engineeril from the University of Texas and a Bachelors of Mechanical Engineering from Sardar Patel University, Indio at Wayne State University State University 54lof757 Operations Assessment Team - Police Unit RIM= Justice, Sacred Heart University, Refired NYPD Inspector 1 � ZL Retired City Manager, Former Commander, West Palm Beach Police, Former President of Florida Police Chiefs Association. 542 of 757 College, New Rochelle, New York, former NYPD Officer. 543 of 757 We will utilize mapping technologies which will allow us to present graphics showing the locations and time of various types of calls for service. We will use these computer generated maps to help determine the appropriate configuration of any patrol zones, which may be altered and reconfigured as workload changes. 0�3! IF 544 of 757 and deployment to make full use of existing resources within the agency. We will review oil phases • the department's operations to determine opportunities for cost savings / avoidance. 545 of 757 Indianapolis, In Frank Straub 200 E. (317)- 1 tstraub Pop. 800,000 Public Safety Washington 327-50901 Director Indianapolis, IN 46204 Palo Alto, CA Pop. 64,400 546 of 757 7 (fity — of Novi, Clay 45175 W. 10 arson@citvofnovi.om Michigan Pearson, CM Mile Road Pop. 54,1 Novi, MI 48375 • Robert 160 Duke • Robertcaee@comcast.net Agee, Gloucester St former Annapolis, MID City 21401 L Village of 11 8 Parkview I cclark@cjlenview.il.us Glenview, IL • Glenview, IL Pop. 46J00 60025 City of James 7725 W North archambo@wauwatoso.net Wauwatosa Archambo, i Ave Pop. 45,000 city Wauwatosa, Wl 53213 City of Ann Mahe 2263 Santa amoollant@ci.alamedo.ca.us Alameda a. Gallant Clara Avenue 747-4881 CIO Ca • lifrnia Cm am Aleda, CA Pop. 72,�300 94501 L uro City of H n, Andy White, 417 Main awhitPMcifYofhuron.orn Ohio Cm Street Pop. 8,000 �_44839 Huron, OH Wyoming, Curii, Holt 1155 W, 211th -, oltc@ci.wvom ■ 11011-- — 01 1 in.mr.us Michigan CM St. Pop. 70,122 Wyoming, MI 49509 333 Water St. s1isti(a)ci.be1t*n.tx.us Belton, Texas 76513 Indianapolis, In Frank Straub 200 E. (317)- 1 tstraub Pop. 800,000 Public Safety Washington 327-50901 Director Indianapolis, IN 46204 Palo Alto, CA Pop. 64,400 546 of 757 0 All projects are completed within the contractual scope • wo 0 Are completed • time, and within budget. I 547 of 757 Policies & Procedures Process Management Citizen "Expe: v cta !on t! t t t, PF Citizen CompIll in ,q Citizen S.ti.f.L Citizen Satisfaction Response Time Reduction Targeted Crime Reduction 548 of 757 Background - Police -0 1 1 M-1 a WOR 0 that better match patrol force levels with patrol workloads. 4 0 =.- 549 of 757 and proactive patrol might be improved with better alignment of resources and workloads. conclusion of this study. 2133M#�� 1 I' .t - 14 . - . 0 550 of 757 MIT , PT . Wflr,7" # 1 0 1 , �. WENOMMEW-77FAMW 551 of 757 Its = m Omizielffoldrel MUM lCMA has found that the most effective way to manage operations, including public safety, is to decisions based upon the interpretation and analysis of data and information. L 2 \ W1 z W Ito Ad .j MWIMIM, 552 0 757 t dd« > », \�� \� +«. »' / - -_ � » a - y . \: -� \wxs .� ��� - » = \/ ��� \� ~ �� ® ~ �d 2 ^` �� \� \ » «2� � � � � ; ; 1 . � lCMA has found that the most effective way to manage operations, including public safety, is to decisions based upon the interpretation and analysis of data and information. L 2 \ W1 z W Ito Ad .j MWIMIM, 552 0 757 ICNA Center for Public Safety Management - Boynton Beach, FL Page 19 of 2.Ij 553 of 757 The area shown in green and brown is uncommitted time. This is the area where staffings decisions impact - it becomes a policy issue as to how much uncommitted time a city wants, and is willing to pay 1141 N 11 ANATIM-111 1,77TOSE W aml W-10 111310'"A 0 1 # • is •W • 0 the third at presentation of the final report for $6,000, Payments would be made out to the aforementioned payment schedule. If some other arrangement is deemed more "m .roo,riatelok,ith citi, ICMAw*ll work co nerafivelyforanagreementonthe yme I erstis. 554 of 757 The quotation • fees and compensation shall remain firm for ♦ period • 90 days from this proposal submission. 555 of 757 556 of 757 To: Commlsaioz for Florida Law Enforcement Accreditation, Inc. From: Thomas P. Lewis, Team Leader Date: September 17,2010 Re: Full-Compliance On-Site Ammment Report Boynton Beach Police Department Standards Manual Edition: 4.0 A. Dattes of On-Site Assessment: August 10, 2010 through August 12,2010 Key Agency Personnel: Chief Executive Officer: Chief 0 Niatthew Imirder Accreffitatition Manqw. Henry Didd Accreditation Team Member(s); Accreditation Assistant Gabriel Ab& B. Amessment Team: Title. Bumu Chief (Refired) 2405 Bass Day Ikive Tallahassee, FL 32312 Telephone. 850.294.4230 C� Summary TaUy: CFA CaVlance Tal�y I = Mmn&dmy Pere" Of Number of Numberof Numberof PMMI of Applicable Numberof pemntor stendania Non- Slendan!B AmAcable SWndm* ApOicable Apokmble Tdal Not Numberof WaNed. Eleded for SbwdmKh Not Non-Eladad Non-ENoW Number of Appleabb 8M Apocable 20% Eietted Eleded Skwdar& In MendarcIs In Stendw& ft Function) WaWd sterwanis Exemption (W% nm) (MIA -in.) CompIence compbnoe. NO M 557 of 757 BoyntDn Beach Puflas Department MadAneumentReperb SeptemberI7,2010 page2efs wvzl-�� 171, MMM WAI I E. On-Site Assessment Summary: 558 of 757 Boynton Beach Poffee Deparknent Flag t Reparb September 17,2011 Pap 3 ore 559 of 757 Boynton Bank PoUce DWarWwnt Find AmemommentRepart. Sqztmdmrl7,2018 Pmp4ofs 560 of 757 Boynton Beach Polke Department Final Amazement Report: September 17, 2010 Pap 5 of le 1 EL Waiver ConcurrencelNonconeurrence Discussion and Recommendation: None. L 20 Percent Standards Election (See Section C. for "Taft") Standards Elected for Rumptios: 8.01 12.02 13.03 14.02 17.12 20.05 24.05 L Standards Veriffed by it as "Not Applicable" to V. 1.0-4 (Assessor: TPL) 13.11 (Assessor. RJP) 31.01 M (Assessor.- TPL) 31.02 (Amessor TPL) 31.03 (Assessor: TPQ 31.04 (Assessor. TPL) 31.05 M (Assessor: TPL) 31.06 M (Assessor: TPL) 31.08 (Assessw. TPL) 31.09 (Assemor: TPQ 32.03 (Assessor. BW) 32.04 (Assessor BW) 32-05 (Assessor: 13W) 32.06 (Assessor: BW) 34.07 M (Amessor: RJP) 36.09 M (Assessor- BW) 39.01 M (Amessor RJP) 39.02 M (Assessor.- RJP) 39.03 M (Assessor: RJP) IL Standards, the Status of Which, Were Changed by Amason: Standard Self-Amessed.. Changed To... Assessor 561 of 757 Boynton Beath Pabee Degmtment Find Assawmieut Report: September 17,2810 Papfiefs 1-2. Telephone Contacts Session: None. L Correspondence and Media Interest K-3-A. Correspondence: The assessment team, drough CFA staff, did remve one correspondence letter fim a citizen, JoIrr Ilibbard. The letter was revwwed and found to contain no%iag that was standard-relatect K Media Interest: None. L4. Follow-up by Assessment Team: None. M. Exemplary Peficies/Projects/Procedures: 0 0 -711 1 Q M -3 k� - I ui4 u i4 115 rin L74 I I I Q4Q , rXII-Min= 'l it"m . - aY d the P.A.L. coordinator, Officer Bill Tome, was named Child Advocate of the Yea by the Palm Beach Post and the Palm Beach County Chich ofPolice in 2002. o 'Aii 14 1 N r • U. 4 J. . - I q M., or�- p M I 1 _ 1 1� QMKj= - V a r-T33M. r u r 41'' 111111111it! 0 M. TrIT 1&jW'r-7j W?77777, =-, iM i M1 w� II. W OW ON 117.77jQ117i Q- it I, It is the strong and unommous; recommendation of the assessment team ftt the Boynton Beach Police T 'TattR i yug a , "T l - 0* . -1w 562 of 757 Boyston Besel FoRce Department FlaA Assessment PAWrt. September 17, 2010 PRp7oig v2u�-Tlf� M 563 of 757 t arr: Sepkmberl7,2010 Pagesurs List of required attachments co 564 of 757 MW0 UNFINISHED BUSINESS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS ® UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Presentation and discussion of two proposals for Redevelopment of Old High School. EXPLANATION OF REQUEST: Background Based on the results of the Redevelopment Business Plan dated May 2011 (Attachment 1), the City issued an RFP (Attachment 2) for the redevelopment of the Old High School in October of 2011. Responses were due on November 17, 2011. The City received no responses to the RFP. Late in November former Mayor Rodriguez was approached by the Lansing Melbourne Group offering to create a concept plan and finance package to attract capital to the project (Attachment 3). Additionally, the CRA Director suggested reaching out to the only developer who had attended the RFP pre -bid meeting but who ultimately did not respond; New Urban Communities to determine why they did not respond to the RFP. At the December 13, 2011 CRA Board (See Attachment 4) meeting, there was discussion of how to proceed with these potentially interested parties. At the same meeting Rudolph Pascucci spoke about the Palm Beach Museum of Natural History and its potential interest in the Old High School. The CRA Board was very interested in seeing if any of the proposals could be developed into a feasible concept. The Board directed Vivian Brooks, CRA Director to work with the groups to bring forward proposals to the City Commission. 565 of 757 In staff's discussions with the Palm Beach Museum of Natural History it became apparent that their goal of fundraising to renovate the Old High School would take several years and could still ultimately come up short. Additionally, New Urban did not have a specific use in mind for the Old High School. Therefore, it made sense for the two parties join forces to submit one proposal. The Lansing Melbourne Group also decided to submit a redevelopment proposal. A synopsis of the two proposals follows. Synopsis of Conceptual Proposals The Lansing Melbourne Group - This concept includes a number of uses within the building including a market, museum area, teaching area, retail and event space. This proposal includes adding approximately 30,000 sq. ft. to the existing building for a total of 60,000 sq. ft. Additionally, a portion of the land to the west of the building will be turned into a private garden to be used for events such as weddings. This concept contemplates that the City will contribute the building and land at no cost and that the CRA will contribute TIF funds annually in the amount of $75,000. Other sources of funds will be traditional loans, New Markets Tax Credits, Historic Tax Credits and Owner Equity. Total Project Cost is approximately $91M. The project would be fully taxable. 2. New Urban Communities /The Palm Beach Museum of Natural History — This concept covers a greater area than just the Old High School building and grounds. The Museum of Natural History would be the sole tenant of the renovated High School. The museum would operate seven days a week and would have space for public meetings, events, etc. This concept also includes 75 residential for rent units scattered throughout the Town Square area on City -owned land in a campus -like setting. The architecture and scale are in keeping with the surrounding neighborhood. All of the buildings are two -story and will be designed to appear as if they are separate townhomes. Several buildings on Ocean Avenue across from the Museum will be live /work units to allow for artists or small businesses. The proposal financing includes land from the City and CRA, traditional debt financing, New Markets Tax Credits, Historic Tax Credits and a guarantee from the CRA for any commercial rent shortfall in order to protect the New Markets Tax Credit allocation. The project would be fully taxable. Attachments: 1. Historic Boynton Beach High School Redevelopment Business Plan -May 2011 2. RFP issued October 2011 3. The Lansing Melbourne Group November 2011 Proposal for Professional Services 4. CRA Board Meeting Minutes December 13, 2011 5. The Lansing Melbourne Group Proposal 6. New Urban Communities /The Palm Beach Museum of Natural History HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? TBD FISCAL IMPACT: TBD 566 of 757 ALTERNATIVES: TBD 567 of 757 URBAN LAND /FACILITIES X A . .... . .. �, Submitted to City of Boynton Beach by IBI Group, REG Architects, Farris Bobango Branan PLC, Stephanie Ferrell Architects, ONIM & J Structural Engineers, TLC Engineering May 17, 2011 568 of 757 IBI Group is a multi - disciplinary consulting organization offering services in four areas of practice: Urban Land, Facilities, Transportation and Systems. We provide services from offices located strategically across the United States, Canada, Europe, the Middle East and Asia. IBI CROUP www.ibigroup.com 569 of 757 1. Introduction ..................................................................................................... ..............................1 2. Background to the Historic High School Redevelopment Business Plan ..............................2 3. Key Findings ................................................................................................... ..............................3 3.1. The Historic School Redevelopment Experience .......................... ............................... 3 3.2. The City's Broader Economic and Downtown Development Objectives ................... 3 3.3. Public Opinion and Aspirations for the Project ............................ ............................... 3 3.4. Real Estate Market Conditions ........................................................ ............................... 5 3.5. Preferred Development Concepts .................................................. ............................... 8 3.6. Rehabilitated Building Design ........................................................ .............................10 3.7. Project Economics ........................................................................... .............................16 4. Recommended Development and Financing Structure ............................. .............................24 4.1. Overview ......................................................................................... ............................... 24 4.2. Driving the Redevelopment Process: The City's Rol e ................ ............................... 25 4.3. Retain Flexibility in Selecting the High School's Developer or Operator ................ 25 4.4. Focus Redevelopment Efforts, Support and Incentives on the Preferred Development Concepts .............................................................. ............................... 26 4.5. Recommended Project Ownership Structure .............................. ............................... 26 4.6. Utilize Proven Low Interest Debt and Equity Real Estate Financing ........................ 27 4.7. Utilize Readily Available Development Incentives to Improve Project Economics 30 5. Implementation Strategy and Timeline ........................................................ .............................34 570 of 757 The City of Boynton Beach engaged REG Architect and the IBI Group to analyze and create strategies for redeveloping its Historic High School. The objectives of this business planning effort were not to simply design yet another concept re -use plan, but to: 1. Complete an analysis of basic physical and financial feasibility — to complete an analysis of probable rehabilitation cost, best use, and ownership; 2. Because the City has pressing Capital needs, provide an analysis of financing and development options, based on the Team's assessment of market conditions, building re- use suitability, tenant interest, current condition of the capital markets and availability of local, state and Federal development incentives and financing support; 3. Engage the public the planning process, and; 4. Provide the City with the strategy, tools and methods to immediately launch the formal redevelopment process of the Historic High School. The Project Team has completed its analysis and public engagement phases of the Project, and the results of this planning effort have met these goals. This Redevelopment Business plan recommends a strategic business plan in which the City adapts a market driven, focused redevelopment process that protects the City's interest in utilizing the High School as an anchor for wider Downtown and community development. In summary, this report recommends the following. First, the Historic High School should be redeveloped without the City having to expend its own capital funds. Structured properly, and depending upon the final development program, the project can be financed privately, but will require that its economics be enhanced by a variety of public - private financing techniques, including Tax Credits, low interest enhanced debt financing, and operating cost offsets. Second, the Team is recommending that the project be developed by either a private developer independent of the City, a developer partnered with the City, or an experienced non - profit developer and manager, and that the financial risk of completing a proposed redevelopment, and its ongoing viability, be borne by the developer, not the City. Third, under no circumstances should the City develop the project speculatively. The High School should be redeveloped on a lease- finance basis, for specific tenants, and only as tenant/users are able to guarantee their long -term lease payments. Fourth, a successful redevelopment may require a mix of uses to work, and a successful redevelopment of the High School meeting the City's broader economic development objectives can be achieved by either a for - profit development, or not- for - profit development. The Team has provided an analysis of what will be the most likely and recommend re -uses, given the physical condition and design of the school, its location, and the local and regional real estate market. Fifth, there is no single financing solution for the eventual redevelopment of the High School, but many. The final financing package will depend on the re -use, ownership, and operation of the property, but the City can utilize existing, "off- the - shelf' financing, and has most of the tools in place to provide the economic incentives that will allow the eventual redevelopment to operate profitably. Sixth, in its deliberations regarding the process we have structured to move forward, the selection of the final developer /investor /partner and redevelopment scheme should not be driven by a single overriding factor, such as the payment of future property taxes, but a careful weighing of economic viability of a final development proposal against the City's broader economic development objectives, and whether the proposed development stimulates other opportunities, including jobs, business creation, tourism, spending by visitors, housing investment, and /or changing Boynton Beach's "brand image." 571 of 757 The Historic High School Redevelopment Business Plan is based on four months of research and public outreach. The published documents summarizing major elements of the planning process are available for review at the City of Boynton Beach Web site: www.boynton- beach.orp They are: • The Boynton Beach Historic High School Building Assessment Report — a complete physical evaluation of the High School Building; • The Historic High School Public Survey — a public questionnaire and survey instrument delivered through the City's Web Site, and in print. The tabulated analysis of the questions and their answers has been published on the City Web site, and; • The Historic High School Public Planning and Design Charette — held in March, 2011, the Charette Summary Document details the Charette process and the concept plans developed by the public at the Charette. Additional research conducted by the Project Team included interviews with City Staff and the City's Project Management team throughout the Project; interviews and focus groups with interested parties and community groups; an analysis of local real estate market conditions; analysis of interior floor plans and leasing options, and; extended discussions with potential tenants and investors with an interest redeveloping the former High School property. 572 of 757 Communities across the country have been faced with the issue and opportunity to redevelop historic school properties for new uses. High Schools of the same vintage, and similar design as the Boynton Beach Historic High School (1920's) have been successfully redeveloped as office complexes, hotels, bed and breakfast lodges, restaurants, brewpubs, performance and artistic venues, business incubators, apartments, lofts, and condominiums. In almost all cases, successful redevelopment of school buildings of this design and age require 1) creative, yet sensitive re -use of the interior space, planning uses which make best use of the unique qualities of the School, at an affordable cost, 2) establishing effective partnerships between multiple layers of government (local, county, state, and federal), as well as the private sector, 3) a clear and unambiguous development plan, 4) implementing an effective development team or partnership dedicated to complete the project, and 5) enhanced public - private financing, to overcome the built -in economic hurdles to the redevelopment of historic School properties. .2. The City's Broader Economic and Downtown Development Objectives The Historic high School redevelopment planning process began with two simple objectives — first, to develop a strategy to redevelop the high School at little or no cost to the City's Capital budget, and to determine if it could be an economically self- sustaining rehabilitation and re -use project. Second, the City sought to insure that any redevelopment plan for the high School incorporates robust input from the City's residents. In addition, considerably loftier goals for the High School's redevelopment emerged through the process. The High School is considered by many to be an important historic and community asset, so a self- sustaining redevelopment which preserves the building and returns it to productive use would certainly be considered a success, a high level of consensus developed around the concept that the redevelopment of the High School may in fact be a significant opportunity to help achieve much broader economic, community, and downtown development objectives. Both City leaders and residents made clear throughout the process that given its location, character, image, and adjacent land uses, every attempt should be made to implement a redevelopment of the high Scholl, which, if possible: • Creates new employment and fosters new business creation; • Stimulates new investment in the surrounding neighborhood; • Given its location at the entrance to the City's downtown, promote a development that acts as a new downtown "gateway" — a project that sets a new tone for downtown activity and investment; • If possible, implement a redevelopment that draws visitors from outside the City to the downtown, and; • Promote a re -use development of the High School that helps "re- brand," or change the City's image within the region. With extensive assistance from City staff, the Project Team designed and launched a public survey to gather public opinion regarding the redevelopment of the High School. The survey was launched through the City's Web page, and delivered on paper across the City. 172 respondents completed the Survey, 127 of which either own a home or rent in Boynton Beach. Of the respondents who did not own or rent on Boynton Beach, almost all were from Palm Beach County. 573 of 757 The survey was composed of 24 questions aimed at determining the issues that are most important to residents relative to redevelopment of the High School. The results to the most important questions were clear, and in some cases, surprising: • Survey respondents ranked the Economy (jobs), crime & safety, and parks, green space and the environment as the top 3 issues facing the City and the neighborhood surrounding the Historic High School. • Over 83% of survey respondents favor a redevelopment of the High School, with over 34% favoring redevelopment under any circumstances. • In the questions addressing the use and ownership of the building — public, private, or both – respondents were clear that completely private ownership of a redeveloped High School, with exclusively private uses, was not favored. The large majority favored a mix of public and private uses (73 %), and a mix of public and private ownership (60 %). • Visual and performing Arts was the leading use preferred by survey respondents (ranked number 1 by 74 %), followed by public assembly, sports, recreation and youth activities (63 %), education (54 %), Tourist attraction (53 %), and conference and meeting facilities (ranked as the preferred use by 50% of respondents). Residential development was the least favored re -use of the building. • The most surprising responses involved funding and financing the redevelopment of the High School. 72% of respondents indicated that they would favor a private financing of the development, if possible. However, despite the economy, and popular concerns regarding taxes, over 74% of respondents indicated they would favor public financing, even if it meant raising their property taxes. On March 26, 2011, 46 residents from Boynton Beach gathered at a planning and design Charette to produce development concepts for the reuse and redevelopment of the Boynton Beach Historic High School. Assisted by the Project Team, over the course of the day participants identified the critical issues facing the development of the High School, developed a broad range of alternative potential uses, and produced five project master plan concepts reflecting distinctly creative, yet achievable approaches to economic and community development. The Charette process was broken into three parts. During the introductory session, participants identified and ranked 3 critical questions taken from the public opinion survey. During the second development "brainstorming" session, participants identified and defended potential reuses for the High School, and then organized those uses into complementary development concept packages. In the final session of the day, participants broke out into five like- minded project planning groups to produce: 1) a project description sheet which defined their concept, gave it a name, described its development objectives, uses and proposed benefits, 2) a complete site plan showing the physical design of their concept for the school and its grounds, 3) detailed floor plans identifying the specific locations and use of the interior space of the building, and 4) a project ownership structure, financing structure, cost projection, and proposed revenue stream(s). The Charette concluded with each of the Development Planning teams presenting and "selling" their concept to the rest of the groups. The five plans produced thoughtful, creative ideas for the re -use of the High School. Consensus to redevelop the High School was overwhelming, and produced some strong common themes. First, the planning teams proposed and planned out a wide range of potential uses, ranging from business development and small business incubator, to entertainment, artistic, cultural, banquet, restaurant and food service, a ballroom and conference center, and culinary institute. In every case, residential redevelopment of the high School was rejected by each of the planning teams, responding to the sensitive condition of the local housing market. 574 of 757 Second, each plan specifically incorporated a mix of uses and activities, as well as a mix of private and public uses. Third, each team identified the need to re- create the school as a vibrant, new, complex of uses that will serve as a tourist "draw" to the area. Each plan was built around a concept that if executed properly, would create a unique south Florida destination. Fourth, each concept plan is either led by, or either strongly incorporates, cultural and arts uses. In each plan, cultural and arts uses were seen as a natural magnet for new activity, a draw, and a means to support other job and employment creating uses. Fifth, each plan was careful to propose an ownership, financing, and operating structure aimed at making the final project as financially self- sufficient as possible. Each of the plans recommended that their respective projects would only work if the revitalized High School could pay for itself, rather than becoming an ongoing operating expense for the City. To that end, each of the plans recommended reserving the bulk of the building's first floor for leasing to commercial and private tenants, and to make use of multiple sources of revenue (fees, etc.) to make the building economically self- sufficient. Sixth, each plan recommended a blend of private and public financing, with the clear objective to finance the project with minimal cost to the City. The teams did recognize, however, that financing the Project with completely private financing may be difficult, and may require creative "public - private" financing techniques. Lastly, each of the plans, although suggesting a range of ownership options, felt it was important for the City to retain some measure of control regarding the long -term use and condition of the High School. e Redevelopment of the High School has to be sensitive to the condition of the local real estate market. A preferred re -use should not introduce excess inventory in struggling market sub - segments, nor create additional competitive issues in an already strained local real estate market. Optimally, a preferred re -use would involve uses that are either new, unique, or in short supply within the local market, and if possible, stimulate additional investment in the surrounding neighborhood. Redevelopment of the high School is challenged by sluggish demand, historically high vacancies, low property values, and low lease rates across all real estate submarkets in Palm Beach County. In addition, the physical location and condition of the property limits its marketability for certain uses. The High School site sits behind Boynton Beach Boulevard, not fronting it, is positioned between two civic uses, and has limited space for on -site parking. The strengths of the property relative to the general real estate market are its unique design, its location at a potential gateway to the City's downtown, unique public assembly spaces, and if designed properly, architecturally unique interior spaces. Most of the space within the High School, including its former classrooms, can be easily and cost effectively adapted for many new uses. The gymnatorium — the building's second floor gymnasium, is a unique space within the entire local real estate market. Its combination of size, height, and historic character are features that make it a singular public assembly and performance use opportunity. The property is in proximity to some conveniences, and for some tenant /users, its proximity and relationship to the City's major civic buildings — City Hall, the City Community Center, and Library — is a distinct advantage. Considered in the context of the local real estate market and the projected rehabilitation costs of the building, the Project Team examined potential uses across a range of real estate market segments to develop recommendations regarding the most viable, probable, and desirable uses for the High School. The Team's findings are as follows. 575 of 757 3.4. 1. Residential Development Residential redevelopment of the High School is not recommended as a preferred, or likely re -use, for a number of reasons. First, the cost of rehabilitating the classroom spaces into residential units would be uneconomic, unless heavily subsidized. Second, given the local residential real estate market, and the number of undervalued properties within the immediate neighborhood, bringing additional residential units on line would be deleterious to existing owners. As of this writing, of the City's 36,289 housing units, 3,510 are listed for sale, and 2,286, or 6 %, are currently in some stage of foreclosure (pre - foreclosure through bank or government ownership). Third, although the former classrooms could be converted to residences, the gymnatorium and former kitchen could not, leaving large unusable, or conflicting space within the building. Fourth, the redevelopment of the School for residential purposes was soundly rejected by the public through the survey and design charette. Properties in Foreclosure, downtown Boynton Beach, as of 5 -12 -2011. Source: RealtyTrac Inc. 3.4.2. Retail Development The location of the property off of, and not in view of, Boynton Beach Boulevard, combined with its lack of drive -by traffic, makes it a challenging stand -alone retail /commercial location. Given commercial vacancies nearby, adding more inventory to the local retail property market would not be recommended. Notwithstanding its weakness as a free - standing retail development, small -scale retail shops developed as part of a larger mixed -use complex, as sales would support, and be driven by, visitation and attendance to a mixed use attraction complex. 3.4.3. Office Redevelopment Estimates vary, but according to the County's leading real estate brokerages, office vacancy rates in Boynton Beach range from 16.3% as of the year end 2010, to a high of 23.6% by the end of the First Quarter of 2011. 576 of 757 �. Ap MR SALE ., ,Y d J ✓v . ° h odh 44 gbtA '�� §u�r., "i fN9p Ns s +S 6 is = y t^F Pmo Properties in Foreclosure, downtown Boynton Beach, as of 5 -12 -2011. Source: RealtyTrac Inc. 3.4.2. Retail Development The location of the property off of, and not in view of, Boynton Beach Boulevard, combined with its lack of drive -by traffic, makes it a challenging stand -alone retail /commercial location. Given commercial vacancies nearby, adding more inventory to the local retail property market would not be recommended. Notwithstanding its weakness as a free - standing retail development, small -scale retail shops developed as part of a larger mixed -use complex, as sales would support, and be driven by, visitation and attendance to a mixed use attraction complex. 3.4.3. Office Redevelopment Estimates vary, but according to the County's leading real estate brokerages, office vacancy rates in Boynton Beach range from 16.3% as of the year end 2010, to a high of 23.6% by the end of the First Quarter of 2011. 576 of 757 Introducing new office inventory into the City's market must therefore be considered carefully. A redevelopment of the High school as conventional office space would provide new property tax revenue, a new supply of daytime visitors to the neighborhood, and potential support for spin -off services and conveniences. The property would most likely not be considered a Class A office location, and would cater to Class B office tenants. Introducing this much new traditional office space inventory, of any Class, into a weakened local office market is not advised. In addition, local market forces mitigate against the possibility of the School being redeveloped as only purely traditional office. For private businesses needing office or other space in this range, there is too much inventory of newer, more efficient office space available in the local market. Additionally, tenants seeking Class A and B office space in larger floor plates (1,500 square feet and up), have significant negotiating leverage to get preferred rental rates across the County, in more established office locations. Instead, the Project Team recommends that any development proposal relying predominantly on office space leases be considered only if it offers an office product that is either scarce or unique to the local market, or serves a broader community development objective (such as small business creation). A possible use meeting this criteria would be an Executive Suites leasing model, in which small companies and micro enterprises lease cubicles and /or desks within a larger complex, sharing conference rooms, reception and other services. 3.4.4. Civic, Public Service or Educational Uses The location of the property naturally lends itself to consideration as a location for possible civic, governmental, or public service uses, and is considered for these possible uses as part of a Civic /Community Service complex in the City's Downtown Master Plan. However, at the time of this writing the City has neither the need for additional office or service space, nor the funding to support another civic structure, unless it were to be completely self- funding. The High School could provide extremely convenient and serviceable space for a wide range of possible community services, but it is recommended that these uses only be considered if developed and /or leased by separate governmental agency or agencies. Similarly, the building is most easily rehabilitated physically for educational uses. However, as with civic uses, with no new schools programmed for development, an educational re -use of the property would have to be managed, financed and operated by an independent (for - profit or non- profit) organization. 3.4.5. Industrial The location of the property and surrounding land uses, as well as transportation access, render it unsuitable for heavy industrial use. However, portions of the building, most notably the former kitchen areas, would be suitable for small arts, crafts, or creative and visual art production, including painting, sculpture, clay firing, etc. 3.4.6. Hospitality, Food & Beverage, and Conference /Meeting A small number of Schools of similar age, design, and construction have been successfully redeveloped and operated as conference, banquet centers, meeting, performance, and in some cases, hotel rooms. This concept has become popular, and has a number of successful models across the country, and in Florida. Old School Square in Delray Beach is the closest example. However, the Old School complex requires an annual operating subsidy. The design of the school, particularly the gymnatorium, could provide meeting, assembly, performance and exhibit space unique to the City and the region. The hospitality /performance complex development has also been developed successfully by both for - profit and not- for - profit operator /developers. Such a concept, run by experienced management, should be explored and solicited. Its advantages would include a potential draw of visitors from around the region, and a new activity hub for the City's downtown. 577 of 757 One note of caution — restaurants have figured prominently in redevelopment plans for the High School going back a decade. While desirable if successful, full - service restaurants are a risky investment, as most go out of business within a year of opening, and installation costs can be considerable. Considered as part of a final mix of uses, a lower -risk approach would be to incorporate a cafe' or restaurant serving pre - prepared food with warmers, small ovens, and coffee service. but not a full service restaurant. 3.4.7. Culture & the Arts Re -use of the High School for cultural and artistic uses has drawn considerable public attention. Quite accurately, respondents to the Public Survey, and the participants in the Design Charette recognized the suitability of the building's interior design for visual and performance arts uses. There is also a growing public sense that a redevelopment of the High School anchored by cultural and artistic uses could have considerable impact in terms drawing visitors and tourists to Boynton Beach, providing new, 24 -7 activities in the downtown core and its concomitant economic spin -offs. As evidenced throughout stakeholder interviews, the CRA Downtown Summit, and through the Project Design Charette, there is also a growing public opinion that a successful arts -led redevelopment of the High School could be effective in helping to change the City's image — its "brand identity." The economic impact of cultural development and the arts has been documented considerably. As a strategy for anchoring new development, is has been demonstrated in numerous communities across the country. The Boynton Beach CRA and Arts Commission have led the development and installation of the Boynton Beach Avenue of the Arts. City leaders have considered the development of cultural uses and art installations on a broader basis as a new theme and vehicle for downtown. As a cultural and arts - centered development, the High School would be the natural anchor for the emergence of a broader downtown arts district. The Project Team has structured three preferred development concepts for the High School. The preferred development concepts are flexible, in that each can accommodate a mix of uses within it, however, these are the three broad concepts that best meet the project objectives, and in the Team's assessment, have the highest probability of successfully securing financing and moving into development. Additionally, elements of each of the three concepts may overlap, but because these concepts have been assessed to have the greatest likelihood of probable success, the City would be well advised to focus and target its marketing, solicitation, and development efforts on these uses and users in order to improve the efficiency of its own efforts and likelihood of achieving a successful, completed redevelopment of the High School. The considerations used by the Project Team to develop the preferred development concepts included: • Local market conditions, in terms of potential demand for the High School, and supporting a redevelopment that is sensitive to local market conditions and property owners; • The High School's location, proximate land uses, and land use compatibilities; • Access, visibility, and parking considerations; • The likely and most cost effective interior design of the rehabilitated building, including managing a mix of uses to avoid conflicts between users within the building; • The City's broader economic development and downtown development objectives, and; • The Likely project economics (see below). 578 of 757 3.5. 1. Development Concept 1: The Single User/Tenant Model Given the unique design, size and character of the building, the most likely large single tenant users of the High School that can cost effectively make use of all of the building's classroom space and the gymnatorium is limited to two possible cases — educational organizations or dedicated banquet/conference facility owner /operators. Although the County School board has not indicated demand for new school facilities in Boynton Beach, a range of pubic and private educational service providers could find the location and facilities amenable to their complete program needs. If no public interest emerged, private, for - profit educational, professional development and training facilities have grown rapidly over the last three years, largely in response to broader economic conditions. Second, dedicated banquet/conference facilities using both small and large meeting, conference and banquet spaces under one roof may make use of the entire High School facility. The public engagement process highlighted the public view that the city had a shortage of quality meeting, banquet and conference space. Additionally, a banquet and conference operator would derive revenue from its ability to effectively market, program, and manage the entire building. Successful banquet /meeting /events operators using converted school buildings have also incorporated brew pubs, bed and breakfast, and performance space into their overall operating programs. This type of use also meets the City's broader development objectives, creating a new destination downtown. 3.5.2. Development Concept 2: The Jobs Based Multi- Tenant Model It is most likely that the final redevelopment of the High School will incorporate an "umbrella" developer /operator who develops and finances the Project, but will depend upon leasing the majority of the internal space and building grounds to multiple smaller tenant /users. This model has a number of advantages, including spreading financial risk, the ability to re -lease space, even after a tenant default, use flexibility, and potentially improved financial performance. Under this concept, we are not suggesting to solicit or market development of the High School as conventional office space. Rather, this model would most effectively operate as Executive Suites catering to small businesses (5 to 10 employees) and micro- enterprises (1 to 4 employees) leasing up to a few hundred square feet. The building operator would provide shared conference rooms, reception and concierge services, and secretarial services. Start -ups, first - stage, and even some second stage small businesses take advantage of this leasing model. Surprisingly, this model can support rents on a per foot basis than conventional offices, but also has higher operating costs, by providing the common services. The need for facilities to support the creation and growth of small local businesses has been identified as a crucial need within the City, particularly in the immediate neighborhood of the High School. Soliciting and structuring the Project for a developer /operator /partner entity with the skills and experience to operate the High School under this model could have great benefit. Additionally, by subdividing the spaces into smaller leasable components without using fixed walls provides space at an affordable monthly rate to small users, and invites the possibility of higher gross rent for the developer /operator. Based on the useable square footage in the building, this model could support up to 80 fully private workstation /offices, and more if leased on a shared workstation basis. This concept also lends itself to a mixed -use redevelopment approach. Depending on final economics, the building could incorporate amenities including fitness center, cafe, day care services, and the gymnatorium could be used whole or in part for conferences and a whole range of public assembly, performance, or events uses. 3.5.3. Development Concept 3: The Art & Culture Based Multi -User Model Properly structured, financed, and managed, redeveloping the High School as an arts -led multi - user facility could also have a strong probability of successful development and operation, and would meet many of the City's broad development goals for downtown. Similar to Redevelopment 579 of 757 10 Concept 2, a master developer /tenant /operator would finance, reconstruct and operate the High School as an arts center providing a variety of studio and work space for artists in a variety of media, or within a more limited artistic genre. The large size of the classrooms lend themselves to shared studio space, which would provide affordable work space for artists, and the promise of sufficient operating income for the developer /operator. Use of the gymnatorium or other space for meeting, exhibit, events or other public assembly would be a mutually beneficial and complementary use within this mixed -use framework. Similar to the jobs -led development concept, this concept also lends itself to a mixed -use redevelopment approach. Depending on final economics, the building could incorporate amenities including fitness center, cafe, day care services, and small shops or art galleries. MIA I - - a • � x The gross interior floor area of the building is 28,420 square feet, comprised of 14,600 square feet on the first floor, and 13,820 square feet on the second. Overall, the building interior is divided between former classroom space and two large specialty spaces — the first floor former kitchen area, and the second floor gymnatorium. The former kitchen space comprises almost 5,000 square feet on the main body of the first floor, and has the same ceiling height as the classroom space. The gymnatorium was the former gymnasium and performance stage for the school, comprising 6,660 square feet of clear -span space, with its wood gym floor largely intact. In general, the classroom and kitchen space is amenable to refurbishment for a wide range of uses. However, regardless of the final development plan, the most efficient and economical re -use and physical renovation of the High School utilizes the existing structure and interior walls with as little change as possible. From the perspective of developing the most economic (and therefore most likely to succeed), interior design of the building, the Team developed two floor plan concepts that would support development of either of the three preferred development concepts. Under both Floor Plan Option A and Floor Plan Option B, the leasable area of the second floor remains the same. However, depending on tenant or user needs, the former kitchen area can either be designed as six separate leased spaces divided by a central circulation hallway, shown in concept option A, or configured as a single space, as shown in concept option B. Floor Plan Concept A incorporates 19,178 square feet of leasable space, while Floor Plan Concept B incorporates 19,978 square feet of leasable space. The Project Team also prepared a concept building exterior design and site plan, again balancing the most cost efficient design with the needs of likely users /tenants, the conditions of the site, and its relationship to adjacent properties. In general, the most cost effective redesign of the building would incorporate new windows, doors, and roof, but retain the existing character of the building exterior. However, access code requirements demand the most significant element of redesign on the site — the front (south) entrances to the building are not wheelchair accessible, and would require the construction of ramps. The Team suggests rebuilding the existing curved walkway leading up to the entrance doors as a curved, gently sloping walkway, terminating at the same height as the current entrance floor level. This site plan also prefers to make use of off -site parking, including the City's existing parking ramp to accommodate parking demand, rather than try to add new parking spaces on site. Rebuilding the grounds as a landscaped "garden" feature saves cost, and creates additional revenue opportunities through rental of the grounds for events and concerts. Keeping as much of the site green was not only a clear public priority, but also provides a new "front lawn" for the entrance to Ocean Avenue and the remainder of downtown, to the east. 580 of 757 581 of 757 11 12 582 of 757 13 583 of 757 14 584 of 757 15 0 0. E ca c . 0 U) 0 U c (6 C LU U O N 2 C O C 0 O m 585 of 757 16 9ULUMZMUZM= 3.7. 1. Reconstruction Cost Estimate The Project team completed a structural and environmental conditions inspection of the building, including laboratory analysis of samples from within the building. The full details of the Project Team's technical findings are discussed in the Boynton Beach Historic High School Building Assessment Report. The general conclusion of the Team is that there is no condition that would prevent the re -use of the building, nor create a renovation cost that would prevent its return to productive use. Largely, the condition of the building and its required repairs are those expected for a building of this age, type, and in this condition. The City's goal is to return the building to productive use as soon as possible. However, if it takes an extended length of time to begin the complete renovation of the building, the risks of further deterioration or storm damage during the interim development period could be significant. If this is the case, the first step in renovating the building would be to stabilize it against weather and storm damage, including high winds and possible hurricane damage. Phase l Stabilization represents the minimum repairs necessary to dry the building, and stabilize it against further weather damage, including hurricane damage. These repairs would be the first component of the building's renovation cost. Stabilization of the building does not make it ready for occupancy. Total cost to complete the Phase I Stabilization repairs is estimated at $1.047 Million to $1.32 Million. Planning for further contingencies, to stabilize the building against the environment, but restore it to a condition in which the interior can be shown to prospective developer /buyer /tenants, would require Phase 11 Stabilization. This cost is estimated at $2.5 Million to $3.2 Million. To prepare the building for occupancy by users and tenants, the building would require improvements in addition to base stabilization costs. Including all Stabilization Costs, to prepare the building for occupancy, the cost of repairing and renovating the building shell and core, including roof repairs, installation of utilities, heating, ventilation and cooling, electricity, water, sanitary services, ceilings, and new paint — has been estimated at between $4.6 Million to $5.4 Million for Floor Plan Option A, and $4.8 Million to just over $5.6 Million for Floor Plan Option B, excluding site improvements (estimated at $600,000 to $800,000). This estimate represents the cost of preparing the building for basic occupancy. This cost keeps most of the existing walls in place, and does not include costs for tenant fit -out, special fixtures, furniture, or fittings. These would be additional costs, which can only be determined by the needs of each potential tenant. These costs can be nominal in the case of tenant /users needing little change to the layout or base finishes of the building interior, or significant, in the case of tenants needing an investment in additional finishes or building systems, such as restaurants. Financing these costs would have to be directly financed by a tenant. The Estimate of Probable Construction Cost is designed to represent the expected range of costs to the eventual owner /developer of the high school. 586 of 757 17 NT"F "UMM P a abilimition De rips Law High Cxrmnvral Condilimm 45,W N) 51U100 8tolding SbeR Defflej Ap omcludpng Hazardznts Material Abatfqrar)O, MAW 85,mo, I mstall ply woof a% wi aw."d, -doors 62,,DDC- 84,00o -.,,rpj!n 9r I-m- Plywood an It rant Windum 15A)a 210"M Structueal Sup--roort for New Windows and Oo•or M 61). ICY, I.. I 5,00, NeW R-Dof 1651,0xv lm ow RnoP Strumaeal Support Repair Allawantc r7s"Dcoa 20,000 Pain?, 7 ZSO F,KtenO- Patch and R pars 5 'r w5,0'w Weed Floor IWImoyaI vid termp Repaom 4 2, lx)G 5B"OrM LdUvOrs for W""1W.3fie"PI 51 SIX 9 IS DO Prahcrbk Costf6r Stakifilzatio-n Pirmse - Adtitotaii W500 1,187,5W Combroo,pricy k 9, 27 S 15,625 Covitram. (ydW 75,CYJ 95,00D 11C.r _LZU1 U 85 PmbrabLe Cost fiar St4m'8iflowiffe-n Muse f7mnstrmciffon ralvf 1, 047, -W9 t,320,31,0 In prowoding epNnions or probable corwrumon cov, the uridergtandi Ehat me Archiect )ria& no controv over tho co%L or ava ilxbility oll labor, eqmair,10,111 Or ryomcfl.rl5, ar � croar5cm wm&ficorls or I M COP"I"rmlwr 'S ,,"h had all priong, amd, that 0-oc lurchitv� - I'5 a pinimy, roe prahAbW. ccirvdrurhkav, mv rnadrL 011 Ow bw,% 4)4 tho Doe Architect rnokv,� no warrarij,'y, expreis or orn•gvd, thm, the bids or vtie n ghmed cost 0s Vie lihccrk 'Nor not wary ffoll'o 1,11C ArChORET'S a "Mni or) of ,Pfobabkl- CMiStraCDOn colmll. PJ8 c1prion peon des o leve-,r ts slotrwioric7+7 :i;iniwpr` 1!6 Me Sr,, AeraON?,546 Chufeh Pee)jfti! by REG ALrChft'L-crS.,,rfjC.., aff hemin ft °our reftverim, 587 of 757 18 0 M I am D"'Icuription LOW High Gumvral Corv,-1 dons 5100 (lq , "YJ10 Buildiog Shell D fincludirq, sl.;I0r M',Mvirial Abal F PTIO, III) - VO,000 4 Fk S, W, mslalI New Wodows and Doors 1,050,000 1,3010,0M suoru Suppayt 00( New Window& a nd Doors, SO c= ! 15,0w @s Alm " 1,65.000 1 ., Ac of Strixlurai So in Repair Allowance I " 5, OW 2 1 0, NX ExToPkir Panit 200,000 250 f x 0, P r I Pul h ,I pirr R u pa h r N 85.(4q) � 0 5 1 (XX Wrx-4 I °!Gor Removal and ternp Repairs e* N It M VeLr-'rLA4 62.QGD 75,0 Temp Lien ling Q 0 6 �e iouvug fe" vei"Illation 1.1,560 2,324j00 Z,919,- On Op. WvV 69,A] 5,85 Cuntraclor 01 195,976 233,560 41,1277 IF 'rL30 2 Phase Consr.rucftn TaW F,)oO.u6v,d: Wchanical III baomr %Vjll 4tabilizabon Npkra: In prqvdiding ppinipns g[priphlbir� r"Dnqruo, r rp -Jf, lhq (firrnf sander 5korAII5 thqg thp ho alp p?n" aver the cost m ava label ty of labor, equ opmem or araie-lars, or aver markel. condimons or The Com ramir's. mIet•od of priuq, a l l 'd tha=t the Archiect% CV Illions of prohable. WnStruC Wri Ca SM A ma& on Vie bassi of 7, fie Cnnsultapt'% profc juilpment and eqm iTnur-, The ArrhilerA makes mp warrunly, mpr4?,-,5s or implied, That the bids or ihe negotiated cost of ache Work W novvairy Own the Archite or probabic constnichon coatis. 588 of 757 19 Historic Boynton Beach HS I Statement of Probable Cost BuiWing Stabitizudun* TendnI, Ready Condidan Fhur ftnt, A & B RaWfitA0,00 I pe'sclipilow! G V, Kilo a � C pywh -vp. BkiftII', 'Slltfl I'I64,j'JR Mdilpr40 hv,ull Nhiw Winda%� aUn Nxo% SiX w4tur, skipperi, k Nt-w NVoidows and Ned N i� w kKmf RE-0, U'UoLW Sugew b-,ewr Rh m , Rivnufl PA[w h.,mdt ffiq W&4"I Hifir Rewc wa wrip Rxpav� Mv-pa MxArr"Al rwrnpInt � 10,Ua VP ti r I'Of IIj V or, Arabahk Maw - Subwd Lo N ish 52. 00"M TonanthEady I Upscriphon Dedign taywt A (,ktnhnpuIk,v Law Hk sh, LVIOXW, ka bab Oe Cbs t fo r I a Fout 'A ' Can stnvchiop AAW 4 6 9, 36t, S 44 1, k T*nant Ready / Desgription LOW ;High aesi R n uVaut 0 2 , n I s,,CLC 2,21 ": w rxv I )Kk 0:� Ii to Fora ,}A xrsd sr L - 9 � 1 119paut "iY' itArpstruakn TWO 4,925 Cr3 2 Gevttcat NOW In pic-'ednA aphniccp; uP prubkXe cc"51 coot. Ine Oiwn� LmdryManM t-NA AgOhr�ev t ro F.hr-f IRI MWO101159'Id RM Kwcqg"€ uK nv16'XI 0 p6wif'." an'd .ha! On iVcK Etcl% ow"'O'wi M prohaVv w(huump. u we "d4 e, Uri WO twigs rd O'N't C v rvj KA h I � ;) wN t "s p rcd s knr JI I ,k sas wa J 010 CX11MI r d S r h he Atch n -no raw mmty. w Rwopivd . kKit the RPO krhd*' % mm Kw Kit prufim 589 of 757 I KfA, (40 I I 5 I D%OOM k 2 IKICP. Mvi 42,,aW r8F Ly. PM 6 AXII. 1 5 Do 14,5WI TonanthEady I Upscriphon Dedign taywt A (,ktnhnpuIk,v Law Hk sh, LVIOXW, ka bab Oe Cbs t fo r I a Fout 'A ' Can stnvchiop AAW 4 6 9, 36t, S 44 1, k T*nant Ready / Desgription LOW ;High aesi R n uVaut 0 2 , n I s,,CLC 2,21 ": w rxv I )Kk 0:� Ii to Fora ,}A xrsd sr L - 9 � 1 119paut "iY' itArpstruakn TWO 4,925 Cr3 2 Gevttcat NOW In pic-'ednA aphniccp; uP prubkXe cc"51 coot. Ine Oiwn� LmdryManM t-NA AgOhr�ev t ro F.hr-f IRI MWO101159'Id RM Kwcqg"€ uK nv16'XI 0 p6wif'." an'd .ha! On iVcK Etcl% ow"'O'wi M prohaVv w(huump. u we "d4 e, Uri WO twigs rd O'N't C v rvj KA h I � ;) wN t "s p rcd s knr JI I ,k sas wa J 010 CX11MI r d S r h he Atch n -no raw mmty. w Rwopivd . kKit the RPO krhd*' % mm Kw Kit prufim 589 of 757 20 3.7.2. Project Pro Forma and Cash Flow Analysis The Project Team has developed a Base Case Pro Forma and Cash flow Analysis, built on the estimate of probable construction costs, building configuration, the local and regional real estate markets, and the preferred development concepts. The Base Case Project Pro Forma is an extremely conservative cash flow model, used to understand the basic economics of the Project, before attempting to apply cost savings, incentives, or other entitlements to its development. Therefore, this model uses the following assumptions: • The Base Case Pro Forma uses the less aggressive Floor Plan Concept A, which has a lower construction cost, but also lower amount of leasable floor space; • The Pro Forma assumes no acquisition or leasing cost — that the eventual developer /owner /operator leases or purchases the property for $1 and assumes the cost of reconstruction; • A sophisticated pro forma could include any number of possible revenue sources. For simplicity, this model includes 1) rents for the leased interior space, 2) user fees of $650 per event for events on the High School Grounds, and 3) a nominal internal management fee. The Amphitheater may figure into fees for concepts and events, but is not shown in this analysis; • The operating model is structured as a single owner /developer or master tenant, offering Triple -Net (NNN) leases to tenants and /or sub - tenants. Tenants pay a base rent, and pay utilities, taxes or insurance separately. The developer /owner /master tenant serves as a pass through on service payments beyond base rent; • It is assumed that rents will need to be at or below market rates in order for the High School to draw tenants /users, given its location and the current regional RE market. Rents and user fees utilize current local office rents as a baseline. Boynton Beach's office rents are at the lower end of the Palm Beach County office market. Asking lease rates were at $16.75 (NNN) for Class B, and $15.72 (NNN) for Class C office space at the start Of 2009, but have dropped along with the rest of the region. The weighted average rental rate for full service office space in Boynton Beach was estimated by one analyst at $22 per foot for Class B, and $21.90 per foot for Class C at the end of 2010, while separate analysts have the weighted average of all Classes Gross Rental effective rental rate at $17.31 per foot. In order to compete in the local market, rental rates in the Base Case Model have been assumed at $10 to $12 per foot Triple -Net (NNN); • The Base Case Model use an annual 2% rent increase built into the leasing structure, and; • The Base Case Model uses market rate financing (term and interest rates), no tax incentives, or any other discounts of any kind, to show economic performance of the building on an unsubsidized basis. Charging below market rents, without any subsidies, and not using any special case financing, the Base Case Model shows a slight annual operating loss. 3.7.3. The Role of Economic Incentives and Enhanced Financing Unless the eventual developer of the Project can sustainably generate higher revenues than assumed in the Base Case Model, development incentives and enhanced financing will be required for the final project to operate with a surplus. Improving the economic performance of the Project is important for a number of reasons: • Improved returns, or value in the form of other incentive will be needed in the current market to attract qualified, credible developers, investors and operators; 590 of 757 21 • Financing the redevelopment Project and its ongoing operations at no or limited cost to City, will require improved (incentivized) economics; • Competitive rents and operating costs will be important to attract tenants /users, regardless of type (small business, artist, cultural), to the project, and; • In the end, supporting efficient costs to potential tenants /users is the critical long -term element of the High School's redevelopment. Keeping total costs of tenancy manageable is important to supporting and growing the local tenant /users of the building. Any means to provide cost savings to tenants will help a redeveloped High School fulfill one of its most important objectives — serve as an anchor for the development of new employment, business, and activity. Assuming the revenue and cost structure developed in the Base Case financial Pro forma, the key elements in improving the economic performance of the Project are as follows: • Obtaining and structuring reduced interest debt financing; • Reducing or offsetting the overall construction cost, to reduce debt coverage payment; • Reducing ongoing operating costs; • Developing and /or assisting individual tenants with fit -out and equipment expenses, and; • If possible, reducing the Project's property tax payment. A revised Conceptual Pro Forma — the Enhanced Project financing Model — can be developed anticipating the conservative application of available development incentives and financing. The Enhanced Project Financing Pro Forma has been developed using the following assumptions: • Reducing total construction costs by $750,000; • Partial tax abatement, using existing Palm Beach County programs; • Slightly offset utility and operating expenses, using conventional programs; • Because overall tenant rent (gross rent) can be reduced, a developer /operator could raise base rent and still deliver a savings to tenants. The enhanced Financing model incorporates base rents at $11 to $13 per foot (NNN), and; • Existing low interest financing. As shown, the enhanced Project financing Model uses interest only debt financing at 5% per annum. As shown below, the economic performance of the potential Project can be improved significantly using conservative finance and incentive tools. 591 of 757 22 Mu!'+my PmgLr4m SF PK Wt � WIWI - SW" A CS, THIN INS U lml lncami� QT7TT Roil I[$ PSFi Flpmm Flow TA,2 'Y"12 2 YA 4 TIR Y14, 6, YR T Pie..'r, NWe,' 1 pw - v� AWAY! 2U 4r,,-) rl, A 21 A pfyl a 01F a 000 2200 5 Wi .1 ff) 16 16A 29 it � 97,40 1 �, 9 7 J-5 .1 1 14-B" GAM -o I'n Pea '5 P99 qiJ9 1�." PT,3 li� dg19 15 dTfi Hv1749 U.S5. V�,%,- V"N.m. 4. 'J °,e JARNI'll k "1 Vl 1 'emu �,I I C U00 I U,00 cil F 61MR1 v 20 5"Ali 4 UN) I Ell' 1 1 6 1 4 �.V 21 §:L H-11, a 00 UP 61 sm 'I , " An 4.52 325 11 111 2.i. ? 1 i F ri r1c) 0 cmo S4 -'ll C, 0a 1 TU Q, a.- ,, 12 r. 1. i,..7 2 0 et - ,fk fA 7 E�.p, 7 200 54. 6'FefW I W ;34 M 13 IV 21 14 1 1,; � "Y" 6 25 1S V16 1 lsa:w ,1` � T r M.�A N V M.2 W liu,"D0 C, 25 7 51"Xi 2 06"1 5-, 5 15, 1 .x`&1 2") 1 1 26T,14,5 U 0%� C25 1 , 5 �� r-93 5,22 17 rl 1s Ism 23 JK z 1 6 �1 1 800 45M t 1 485 S AA 646 22 t S.,; 2A 0 (yj 0 (U) � ll� k9l j W 96169 2 YS R9 1,00 H 29 S" kl'.0 0 2 , ° 0 IJ AM 9 4 91 14,40, F ;R) 1 2c 9x! 1 4 , 30 920 9,&YD 7 Pt uZis 4 a` 19 U. 7 20 21 211) Mon ;ea""Y" Call s lxyll� 2 (WA 1 566 4 Ul 12 1 69i 20,1. h6 IVWl I, 2 "M 4� 66() 1r`= 0 C,A 14 46 1 '.' .1 49. I WO 2�41 1 TOTALS 19,118 23,U7 -1 26&,400 o' S4,4-a5 " 13%zu * 9 "3, 0 Pro Formt R'ejactcad Ea. S,941,627 uksakvy,� Eq,.gly 1 1, T83 OU D f, 4, 1 90 S3D Immme R 1 TA,2 'Y"12 2 YA 4 TIR Y14, 6, YR T Pie..'r, NWe,' 1 pw - v� AWAY! 2U 4r,,-) rl, A 21 A 2 1 ::302 i "U'UMP 3 G, np Hw-hu�rwvvm Wco�m VATA-Ail 191"ADIT U -, "l 8 � W 407 � 97,40 1 �, 9 7 J-5 .1 1 14-B" GAM -o I'n Pea '5 P99 qiJ9 1�." PT,3 li� dg19 15 dTfi Hv1749 U.S5. V�,%,- V"N.m. -111! JARNI'll k Vl H i I ve goes AYA yen U'l 40 , NA amauo 40AM OW1,50 50-WO 50T. 4 SIZI.Aft E.P4 (- "a"m I � 7 9 T vu 9y; MV gg cj'l I 97 4u? 197,ia r 7 98 r,Lv, I q r 'it, w Up"m Rms 1914 1 19 11 ! M r, 12! 1 1 T 85i. 2s1 (I'm I 20A 1 .2 - ,fk fA 7 E�.p, 7 200 7 2.* 7 3U 1 4 7 E ml 7A17 7 TLY, Rm.j 14 1 1,; � 14,7�4 m 6;l 1S V16 1 lsa:w 1 #1 Tql;.l Orw-pli"q M.�A 2,!a_7b M.2 2," 1V, 240-1 6 2 A11.W 241"10 NE'T OPERATINS INCOME 2413 , Uj MAD 251 W2 256AM1 251 26T,14,5 272,534 Do'bi S-i.e - io 2 .2"r 1b2,2m 3021,ZU J0,24M) 192,21K U42,% NET CASH FLOW 455,&2% (MA 9%,6571 (41,57fi1 9A0l96} 0,SR114) _429.7 S� 592 of 757 23 M giium�Ak =�- g L=9 I I .90k7ding Pr=PgLram 5.1s3,627 Elq— Root Tqi.1 P,Omg A—.,.i '. tom - 4 0 0 Dtxx lax 22-0 BF 5 PBF 5.7 M neAll S vaal &Chm Tmi INS Infwrib Ront [S P5fl Firm Flo& YR I YTI 2 YA 5 YR 4 YR 5 y" r, YR F 0,103 11 t'O :e :+ P0 W i,767 60 1 3. 157 i • G 46 If i F4 A 6MR 0, ji/) M3 'Ikifl 7�� 1; { r: 4 Ili 4 6 c "" "gi ,Vr,4 04h ki, 2, 1 50 u i o�ft M 1p? "'7;9 6 4,�, U U00 I P 1 00y .Y5 d AM 00 1,767 11 K. I "I IV ji b� r r1W 1 r'l.-rl V) 13en 1 AW 3 2 5 1 IM rl Aic t F 6 '1 W ru4s 7 1, a's'6 1 . " 1 4 :3 0 32& M MO El "IF 116,29d 6 1 1rik I "W5 W" 7 I I M,6 1,4)1 1;1,a 0 1,46 6 4A F:2 %_ 6, r. x .knziwaf Flfi-4.o 1� G�l 06 I 6A •g'rti "D 46 12 A." 7,x�7 1 4,ryj COA 8,250 2 Dca. °§ € W'k2di :I T5 1 2 14 11 Ij V� 2" rtl4T 7 sn "'W 61--k 9 253 r , GO I Gsc, X75 12:34 1 4 `G 4Xy IK I 6SO 3 1:01 i 1 - W, 4 SA EA A h2r� � D 4 SF; "R 46 I mi 'i - s $Qej 06" a (V,'§ 3, 1 6ri % R WE I wl WY U RA 2. m Y., T TJ d 9 - d N U 1 k' F6 "IV, IG 9 U. I AD VA? Wa, tal i. s ° : elb 2 173 0? 9S I qi 1 6 U; a W. 1 f N." T.M$ 1 , FWYJ el 2'€ O '1 767 4 05 U 167 'fi =* 0 X., 7 U; i4 ?OY 3 • 12 16 ) S 'I u vx) ml� TGUILS 25,#&S' 305,57EI ' 51,p75 4,2,341 Dmg I "a P�v Farma NVIXICI: CON h 5.1s3,627 Uevek,per UJ,Ap '. tom - 4 0 0 Dtxx lax 22-0 lnrKnmq YR I YTI 2 YA 5 YR 4 YR 5 y" r, YR F Daw, phr� ta h hxwle V-5 5 x', 5 r8 3 E %MK6 :s, 9 2U 2 3 3 D L M4 ',t? 3AL3 M'a"W aMD12. 10"j"u, I r", I D .3 k T 2, 1X c i 2i 1 01,02 !U OU I .H "„ @ CAAA pec S 2 U'NA p24!. u";g I R 24€ 6 € .24 6 241 Lm-, V*czrc9 . .......... l —111-014?"I't —1,1111 - -A'. ffludiff fr.Dms mam'"Ut 41ml 0 1.,5,% z W'I'm Al'umi .1 18,32 11 42,W umv Emp4mmN GAV Iaxlm I IRYMM lrx`v u I p �'j A.", %2 1 W.k, C €,9190".0 1 ki "1 1 ) 1 ' U 3 012 Rp Fa a-, 101 ( 2 G)W-J 116,29d qG. 511 1 6 7 7.1 1 UA) t 7, 2'F PA.—t, Ad ero, E el 02 ''7 G,SFi3 r, I In c I R" F:2 %_ 6, r. x .knziwaf Flfi-4.o 1� G�l t � CA 7 "D I,? UA 12 A." Tolmi 0 [",.kvqqwq ll ,044 141j4z IVA. I w I'll I MW 'ORVO, N�qj'lj NET OPERKPING INCOME 2" rtl4T OKADI; 20:721 2T5.539 2 S4 286304 292AS4 Owit SmviLv 15(4 MY&I 194,7"6,9€ 114,701 194,,75l t947 9 104,2&S NET CASH FLDW M647 69,644 74;9 O 66,378 SUDS 9i. S43 w, 593 of 757 24 IiJ<�'21T.t= The Project Team recommends the following Development and Finance Structure. This development structure, approach, process, strategies and tools are based on based on the Team's conclusions and findings discussed within this report. This strategy recommends a disciplined approach that has been designed to: • meet the City's financing, budget and broader development objectives; • to insulate the City from downside financial and economic risk, and; • to bring about a quality redevelopment of the High School in the shortest time possible. Balancing the City's objectives and the Project Team's findings, we are recommending the City's best, and fastest route to redevelopment of the High School is to drive a market responsive, flexible, yet focused, redevelopment process. The four main tenets of the approach we recommend are: 1) Utilize third party financing, not City Capital funds, to redevelop the High School. The financial pro forma modeled in this report shows the basic economic feasibility of redeveloping and operating the High School using private financing and a moderate dose of proven public incentives. The Project's final financial structure will depend upon the use, ownership, and operational structure of the redeveloped High School, however, financing the Project to operate independently: 1) need not be overly complicated, 2) can be achieved using conservative cost savings, and 3) can be achieved using established, existing, "off the shelf' funding sources. 2) Do not embark on speculative redevelopment of the High School — that is, no funds (from any source) should be spent to build -out the reconstruction of the High School in advance of having a proven project developer, operator, or owner with committed uses, and secured financing in hand. 3) Go to the market for a developer /operator who assumes the financial risk of redeveloping and operating the High School. Independent financing of the redevelopment of the High School is possible for the right project and operator. The main advantages to utilizing an experienced, financially capable third -party developer for the High School include speed, and the elimination of risk for the City, and insures long -term stability and quality of the final development project. However, achieving the City's broader development objectives, and the public's expectations for the School's redevelopment will rest on effectively seeking, and selecting, the best development proposal, backed by an experienced, qualified and well- funded developer and /or operator. 4) Drive the redevelopment process by setting the conditions for its success. The City can drive the speed of the redevelopment process, and control its outcome, not by micro - managing the development, but putting in place the policy, incentives, and local partners needed to make the project work, before going to the market for development proposals and /or developers. 5) Balance economics with opportunity when selecting the final development proposal. The redevelopment of the High School is a unique opportunity that if well considered, can help spur additional investment and development downtown. The final selection of a development proposal and operator for the High School should not be driven by any single cost, control, or ownership factor, but balance the economic soundness of the final development, the capability of the eventual developer /operator to deliver and sustain its proposed re -use concept, and how that concept delivers on the City's broader goals, or stimulates additional investment in the Downtown. 594 of 757 25 + . . � The key to driving the speed and quality of the redevelopment process is to structure as much of the necessary components needed by an eventual developer or operator prior to going to market for a development proposal, developer and operator. The City can get higher quality redevelopment proposals by providing clarity regarding its objectives, and structuring as much of the financial incentives, financing partners, and development requirements in advance of marketing or soliciting development proposals. Even though this process is recommending a third party development, operation, or even ownership of the High School, the City can define the conditions for redevelopment, and help shape its outcome by completing the following prior to beginning a property marketing program. 1. Complete and adopt a clear and unambiguous statement of the City's development objectives, performance criteria, and measurement of project success, to which development proposals must respond, regardless of the mechanics of the marketing and solicitation process. 2. Commit up -front to a flexible, yet clearly defined marketing, selection and review process. Potential developers and operators will gain considerable confidence knowing what the process for selecting a final development proposal is in advance. 3. Remove or streamline any administrative barriers to redevelopment of the property, including adopting new zoning for the site. At this moment, the City's zoning code prohibits the development of any of the recommended development concepts without an application for complete re- zoning. A clear and unambiguous zoning scheme which allows a mix of uses at downtown densities, using a high percentage of the site, as -of- right, would provide clear guidance as to expected use and design, and expedite the development review process. Also, developing an expedited review process for site plan approval, permitting, and construction review would also signal the City's readiness to make a project happen. 4. Build the financing and incentives package prior to marketing the property for redevelopment. Although Project funding and financing will depend on the nature and structure of the redevelopment proposal, every governmental partner (County, state, Federal) who may play a potential role in financing or incentivizing the Project should be brought into the Project as early as possible, with potential commitments to the Project worked out in advance. 5. Structure the City's own package of incentives (tax relief, waiver of fees, etc.) in advance of marketing the property for redevelopment. 6. Organize and structure the personnel and services the City will be providing to developers and operators making a redevelopment proposal. What in -kind services and personnel, will the City provide to facilitate proposal review, negotiation, and development? 7. Begin the building engineering and design process immediately. The City can shave months off of the redevelopment process by beginning the architectural and engineering redesign of the core and shell of the building prior to going to market for development proposals. The preliminary design, required for any redevelopment configuration, can be a value -added incentive the City provides to the final developer /operator as part of the marketing process. The City has multiple broad objectives for the School's redevelopment, and the selection of a final developer, and development proposal, should retain flexibility. Effective, experienced, credit- worthy and financially capable developer /operators need not be limited to for - profit developer /operators. Many non - profit development entities have developed extensive portfolios of projects which have anchored local community development efforts. In fact, non - profit ownership of the High School into the future may be a distinct advantage to its financing 595 of 757 26 and long -term operation. The eventual selection of a development partner should rest on the quality of a proposer's development concept and capabilities to deliver that concept, and not necessarily on its tax status. The City might also consider flexibility in the design of the marketing and solicitation process. It is not certain whether a traditional RFP or RFQ process may be the most effective means of soliciting development interest. Given the requirements of the State's RFQ and bidding processes, the either process could be inefficient or ineffective in soliciting qualified response of interests in redeveloping the school, in that direct solicitation of developers and operators most qualified to redevelop the School may be prohibited. A more direct marketing program, targeting developers and operators who are in businesses and industries best able to make use of the school (as identified in the preferred development concepts) and the experience and financial capability to carry of a successful redevelopment project, would be more efficient and effective. The City can consider a range of different approaches to its marketing program. Under State Law and the Boynton Beach City Code, the City has great flexibility in how it sells City owned property, and receives and evaluates unsolicited offers from potential buyers, developers, or partners. Broad home rule powers are granted to municipalities in Florida by Article VIII, Section 2(b), Florida Constitution, and implemented by Chapter 166, Florida Statutes (the Municipal Home Rule Powers Act). In the absence of a city charter provision, ordinance or rule to the contrary, the City commission may utilize whatever method or procedure it decides will be in the best interest of the municipality in disposing of surplus municipal real property. The Boynton Beach City Code provides a formal process for determining the price of the property, but also provides the City Commission with wide flexibility to determine the process by which the High School may be redeveloped, sold or leased, which may also include the flexibility to entertain unsolicited offers in advance of a formal RFP /RFQ process. (See Boynton Beach City Code, Sec. 2 -56c). 4.4. Focus Redevelopment Efforts, Support and Incentives on the Preferred Devel opment C oncep ts We are recommending a market responsive, rather than publicly dictated, redevelopment of the high School. The analysis of, and selection of preferred development concepts above was completed to provide the City with clear plan options for the likely redevelopment of the High School. The preferred concepts were developed as the highest and best re -uses of the school both meeting the City's objectives, and, in our judgment, the most likely to succeed financially. The efficiency of the City's efforts can be greatly enhanced by focusing its efforts on attaining its planned redevelopment concepts. If the City desires to complete a project meeting its own objectives, on an accelerated schedule, it should be disciplined in its approach to structuring incentives and the solicitation process. P7 Control of the fate of the School was identified as a major issue throughout the project. The popular sentiment was that because the School is an important community asset, that the City in some way must maintain control of its fate. However, the need to expedite the redevelopment of the School, avoid significant financial liability, and insure the long -term quality of the property can be balanced. The Project Team recommends the use of one of two options for long -term ownership of the High School. Once a development concept, developer, and operator is selected and the financing, ownership, and development agreements are completed, we recommend the City relinquish ownership of the property. The City can either sell the property outright, under the provisions of the City code, Sec. Sec. 2 -56c, or it may choose to lease the property to a 596 of 757 27 developer /operator under a long term lease. Even where the City chooses to lease the property, it should first transact (sell) it to an intermediary 501(c)(3) single -asset ownership company, which then leases the property to the final developer /operator. The final form of transaction the City chooses should be responsive to the needs of the Project. However, under any scenario, the City does not want to be the owner of the property, if for no other reasons than managing long -term financial and liability risk. Transacting the property to another owning entity has a number of advantages, including expedited speed regarding tenant, and contract negotiations, the construction of a financial "firewall" between the City and the redevelopment Project, and long -term efficiency of use and operation. 4.5.1. Ownership and the Project Control Issue Transacting the property to another owning entity does not necessarily mean relinquishing complete control over its fate. Leasing the property may seriously complicate Project financing, but by leasing through a owning entity of its own creation, the City would presumably retain a measure of control over the use and performance of the School through the terms of the lease. In addition, the property may be sold, retaining performance clauses or reversion clauses within the sale deed. Care must be taken so as not negatively impact Project financing. 4.5.2. Ownership and the Property Tax Issue Much has been made regarding sensitivity to the possibility of development of the School by potential non - profit entities, and the loss of potential property tax revenue to the City. This issue should not be taken lightly, but non - profit ownership of the redeveloped High School does not necessarily mean that it will not pay property taxes. Property tax liability is determined by the use of the property — whether the property is being used for profit making (tax liable) uses. In fact, the only way a non - profit does not pay property taxes is to demonstrate that its use of a given property is in line with, and conforms to, its stated non - profit corporate mission. It is conceivable that a non - profit could own the High School, and lease it to for - profit businesses, in which case the property would be liable to pay property taxes. There may be instances where this structure is advantageous, as a non - profit owner without the need for higher profit margins could maintain lower rents to for - profit tenants. Additionally, if the need for some type of revenue from the property is too high a need for the City, even under a non - profit owner /developer, the city could negotiate a long -term lease or other fees, use, or service charges associated with the property as form of payment in lieu of taxes. That being said, the Project Team strongly recommends that the City consider its approach to the property tax question very carefully. Relief from property taxes may be an important means of insuring the operational viability of the final High School redevelopment Project. The City has the means to reduce property taxes (see below), and should make this determination in a careful balancing of issues. The project team is not recommending a heavy reliance on grant funding to finance redevelopment. Unless an interested developer can demonstrate it has commitments for, or already has, grant funding in hand to fund its redevelopment proposal. Grant funding may be useful in reducing construction and operating costs, but raising significant grant funding in the current economic climate is unpredictable, and could delay redevelopment. Grants should be pursued on a parallel track to the main financing strategy outlined here, but not be a primary focus. Our assessment has indicated basic financial feasibility for a range of redevelopment concepts using conventional debt and equity real estate financing. However, given the costs of renovation and rehabilitation, combined with expected (below market) rent revenues, the redevelopment of the High School will depend on obtaining favorable financing terms, including reduced loan interest. 597 of 757 28 Utilizing conventional, but effective financing techniques will also considerably expedite the development process. Current market rates for debt financing on privately developed office and mixed use real estate development projects are 5.75% to 6.8% interest, on loans averaging 68% loan to value, using 25- year amortization. Final credit terms will depend on the project developer's (as the borrower), credit capacity, the structure of Project and property ownership, and obtaining credit worthy leases or other financial guarantees, collateral, or securitization. The reconstruction cost of the High School places it out of reach of most non - profit community lending programs in Florida. Projects of this size are typically financed by loans from private lending institutions, enhanced with government finance programs in the form of low interest loan participation, loan guarantees, or tax credit programs. Given the size of the financing required and the types anticipated re -use of the School, three programs are the best candidates for project financing. SBA CDC 1504 Loan Program The U.S. Small Business Administration CDC /504 Loan program is designed to designed to help owners of small and mid -size businesses purchase and rehabilitate real estate, and equipment. The 504 program is a loan participation and guarantee program administered by the US SBA, but funds are approved and loaned through local Certified Development Companies (CDC) — private, nonprofit corporations set up to contribute to economic development within its community. The CDC /504 loan program is a long -term financing tool, designed to encourage economic development within a community. The 504 Program accomplishes this by providing small businesses with long -term, fixed -rate financing to acquire major fixed assets for expansion or modernization. 504 Loan funds may be used fixed asset projects, including the purchase of land, including existing buildings, the purchase of improvements, including grading, street improvements, utilities, parking lots and landscaping, the construction of new facilities or modernizing, renovating or converting existing facilities, the purchase of long -term machinery and equipment, and has recently been revised to allow refinancing certain types of existing debt. The 504 program is available only to for - profit, small businesses. SBA guideline define a small business as an owner - occupied, credit worthy businesses located in Florida with a maximum tangible net worth of not more than $15 million and average net income after Federal income taxes (excluding carry -over losses) for the two full fiscal years prior to application of not more than $5 million, or manufacturers with fewer than 500 employees. Also, to make use of the funding, the borrower will have to occupy 51 % of the space within the building, and can lease the remainder. Recent changes to the Program's debt limits make it useful for the redevelopment of the High School. While there is no lint on total project cost for 504 financing, the total 504 program debt that can be contributed to a project is now $5 Million, up from $1.5 Million. The typical CDC /504 loan structure is a two- tiered project financing. A private lender finances approximately 50% of the project cost and receives a first lien on the project assets. A CDC finances up to 40% of the project costs, backed by a 100% SBA - guaranteed debenture, secured with a junior lien. The borrower provides the balance of the project costs (approximately 10 %). The loan can be amortized up to 20 years. The advantages of the 504 program include: many projects that cannot be financed using conventional financing or industrial revenue bonds can be financed 504 Program. In fact, the 504 Program is attractive to all projects due to its below- market interest rates and low down payments. Interest on the SBA - backed portion of the loan is negotiated, but is a fixed rate, usually at 1.5 % -3% above the current 10 -year Treasury Bill Yield (currently 3.18 %) Additionally, the owner can operate in 51% of a building and lease the other 49 %, creating an income stream to strengthen cash flow. Banks are willing participants because they can fund as little as 50% of a project and still remain in a first -lien position. 598 of 757 29 Florida First Capital Finance Corporation is the State's largest SBA CDC /504 lender, but the program is available through a number of Florida CDC's. New Markets Tax Credit Financing The New Markets Tax Credit (NMTC) is an investment tax credit program administered by the US Treasury Department. NMTC encourages investment in low Income Census tracts. The High School is located in a NMTC eligible Census Tract. The NMTC is a tax credit, redeemed by a "Tax Credit Investor," (typically a bank or financial institution), equal to 39% of the equity investment made by the Tax Credit Investor, paid over 7 years. NMTC tax credit based financing can be used by for - profit and non - profit developers for an extremely wide range of property uses, including office, retail, education, health care, industrial, hotel, and community facilities. Rental residential is permitted so long as no more than 80% of the gross property revenue comes from residential units. NMTC Tax Credits are managed by the Community Development Financial Institutions Fund (CDFI), and allocated each year to Community Development Entities (CDE's). Under IRC §45D(c)(1), a CDE is 1) any domestic corporation or partnership whose primary mission is serving or providing investment capital for low- income communities or low- income persons, 2) that maintains accountability to residents of low- income communities through their representation on any governing board or advisory board of the CDE, and 3) has been certified as a CDE by the CDFI Fund. The CDFI allocates $15 billion in NMTC Credits annually to CDE's across the country. There are at least nine CDE's either in or serving Florida with a current allocation of NMTC's. To claim New Markets Tax Credits, and investor must make an equity investment in a CDE, which then makes a loan to a developer for a qualifying project. The most effective use of NMTC based financing involves structuring an IRS approved NMTC leveraged transaction, in which a tax investor places a cash investment in a CDE, which is used as equity to borrow a loan. The entire funding — the tax investor's equity, and the "leveraged" portion, or loan — is then loaned to a project developer. Typically, the developer makes repayment on only the leveraged portion of the funds, usually a below market interest rate, interest only, or extended amortization period. The tax investor claims 39% of the entire amount of the CDE loan to the developer over seven years, and can end up with total tax credits worth substantially more than its equity investment. At a project cost of just over $5.9 Million, the Tax Credits could be worth as much as $2.3 Million. The tax investor does not receive payments or distribution of profits from the project. The leveraged portion of NMTC leveraged financing can be almost any type of debt, including industrial revenue bonds, municipal bonds, and other tax -free bond financing, providing the opportunity for very low debt payments required of the developer /borrower. Most leveraged NMTC loan structures provide for the tax investor portion of the loan to be "forgiven" after the seven -year holding period, through a put /call option built into the loan. All or a portion of the tax investor's portion of the loan can be forgiven, and the project refinanced at a benefit to the developer. The advantages of NMTC enhanced financing include options for 100% project financing (no developer equity required), non - recourse financing, the possibilities for well below market interest and /or interest only payments on NMTC enhanced debt, and forgiveness of a significant portion of the loan after seven years. Palm Beach County Industrial Revenue Bonds Industrial Development Revenue Bonds (IDRBs), issued through Palm Beach County, finance business and industrial expansions for firms with strong credit. IDRBs can provide low- interest loans for large projects by permitting the borrower to take advantage of long -term financing with lower than prime interest rates. IDRBs can be used for commercial properties as well as 599 of 757 30 community facilities. Additionally, for certain types of manufacturing facilities, interest rates can be lowered further due to the tax - exempt status of the bond issue. IDRBs may finance up to 100 percent of project costs, with loans up to $10 million available if the financing is tax - exempt. In the case of taxable bonds, no cap on the amount exists. Interest on IDRBs may be at a fixed or variable rate. Variable rates typically range from 85 -100 percent of prime (currently 3.25 %), depending on the strength of the firm's credit. Fixed interest rates average approximately one percent below prime. Maturity varies from five to 30 years, matching the life of assets. Borrowers can receive the advantages of long -term loan maturities, low interest rates, and /or low down payment with 100% financing. .7. Utilize Readily Available Development Incentives to Improve Project Economics 4.7.1. Reduce Base Construction Costs Reducing the construction cost of the final redevelopment project can provide savings and improve project economics on both the short and long term. The most expeditious means of reducing the up -front cost of rehabilitation involves the use of easily obtained tax credits and established economic development infrastructure financing. The Federal Historic Rehabilitation Tax Credit The High School is eligible for the Historic Rehabilitation Tax Credit Program. Administered by the US Department of the Interior, the program has spurred the redevelopment of more than 30,000 historic properties in the United States. Over $30 billion in rehabilitation dollars have been associated with these projects, providing approximately $6 billion in tax credits for investors. Historic Tax Credits are incentives given to taxpayers that contribute to the preservation of historic buildings by rehabilitating them. The credits are available for the rehabilitation of both income - producing historic properties and owner- occupied historic residences. The offers two levels of tax credits — 20% of the cost of rehabilitating an income producing certified historic structure, or 10% of the cost of rehabilitating an income - producing (commercial, non - residential) non- historic structure built before 1936. To qualify for the tax credit, the rehabilitation expenses must be qualified expenses, as defined by Department of Interior guidelines. Typically, a tax credit investor (a bank or institutional investor) is included as a general partner in a development entity formed to build and own an historic building. The tax investor usually "buys" the right to claim the tax credits by paying the developer a cash payment, or making an equity investment in the Project. In either case, the cash payment can be distributed to other equity investors, or used to write -down remaining debt, reducing future debt payments. As the full cost of the building rehabilitation would be a tax credit eligible expense, syndicating Historic Tax Credits could be worth up to $1.1 Million, or $70,000 to $80,000 in reduced annual debt service. Business Energy Investment Tax Credit (ITC) The Federal business energy investment tax credit available under 26 USC § 48 was expanded significantly by the Energy Improvement and Extension Act of 2008, and further expanded by The American Recovery and Reinvestment Act of 2009. The program provides tax credits for investments in clean energy systems, including Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Photovoltaics, Wind, Biomass, Geothermal Electric, Fuel Cells, Geothermal Heat Pumps, CHP /Cogeneration, Solar Hybrid Lighting, Microturbines, and Geothermal Direct -Use. The credit can be taken by building owners installing eligible systems that are put in service on or before December 31, 2016. The tax credits vary by system, ranging from 30% of the total cost of the system, to per kilowatt charges. In addition, the American Recovery and Reinvestment Act of 2009 allows taxpayers eligible for the business energy investment tax credit (ITC) to apply for the tax credit traditionally, or receive the cash value of the tax credit as a grant. 600 of 757 31 EDA Grants A bureau within the U.S. Department of Commerce, FDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness. EDA was created by Congress pursuant to the Public Works and Economic Development Act of 1965 to provide financial assistance to both rural and urban distressed communities. EDA fosters entrepreneurship, innovation and productivity through Investments in infrastructure development, capacity building and business development in order to attract private capital investments and higher - skill, higher wage jobs to Regions experiencing substantial and persistent economic distress. EDA works with local municipalities and not - for - profit institutions, supplying funding under two main programs. The Public Works and Economic Development Facilities Program provides "strategic Public Works investments to support the construction or rehabilitation of essential public infrastructure and facilities to help communities and regions leverage their resources and strengths to create new and better jobs, drive innovation, become centers of competition in the global economy, and ensure resilient economies." Through the Economic Adjustment Assistance Program EDA provides a wide range of construction and non- construction assistance, including public works, technical assistance, strategies, and revolving loan fund (RLF) projects, in regions experiencing severe economic dislocations that may occur suddenly or over time. EDA funds are grants, and can be used flexibly for a wide range of purposes. Applications are accepted continuously, but funds are awarded quarterly throughout the Federal fiscal year. EDA grants average $1 Million to $3 Million, and would be a strong candidate source for infrastructure, public improvements, or partial funding of the High School renovation. 4.7.2. Operating Cost Savings Significant operating costs savings can be structured using a range of existing programs. Of particular note, three recommended programs are available to offset energy costs and rent. Energy- Efficient Commercial Buildings Tax Deduction The Federal Energy Policy Act of 2005 established a tax deduction for energy- efficient commercial buildings applicable to qualifying systems and buildings placed in service from January 1, 2006, through December 31, 2007. This deduction has been extended through 2013 by Section 303 of the Federal Energy Improvement and Extension Act of 2008 (H.R. 1424, Division B). A tax deduction of $1.80 per square foot is available to owners of new or existing buildings who install (1) interior lighting; (2) building envelope, or (3) heating, cooling, ventilation, or hot water systems that reduce the building's total energy and power cost by 50% or more in comparison to a building meeting minimum requirements set by ASHRAE Standard 90.1 -2001. Energy savings must be calculated using qualified computer software approved by the IRS. Deductions of $0.60 per square foot are available to owners of buildings in which individual lighting, building envelope, or heating and cooling systems meet target levels that would reasonably contribute to an overall building savings of 50% if additional systems were installed. The deductions are available primarily to building owners, although tenants may be eligible if they make construction expenditures. In the case of energy efficient systems installed on or in government property, tax deductions will be awarded to the person primarily responsible for the system's design. Deductions are taken in the year when construction is completed. Modified Accelerated Cost - Recovery System (MACRS) and Bonus Depreciation (2008 -2012) The owners or investors in commercial properties installing Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Thermal Process Heat, Photovoltaics, Landfill Gas, Wind, Biomass, 601 of 757 32 Geothermal Electric, Fuel Cells, Geothermal Heat Pumps, Municipal Solid Waste, CHP /Cogeneration, Solar Hybrid Lighting, Anaerobic Digestion, Microturbines, and Geothermal Direct -Use energy systems are eligible to deduct 100% of the cost of installing these systems in one year, rather than over traditional depreciation schedules. The accelerated depreciation deduction is available for systems installed through 12/31/2012. The accelerated deduction can be applied to the property owner's bottom line, reducing its potential federal tax liability, or can be syndicated (sold) to an investor /partner for cash. Either means may be used a benefit to the developer of the high school, or passed on a savings to its tenants /users. (See 26 USC § 168 1986). Additionally, the Boynton Beach Community Redevelopment Agency administers its Commercial Rent Subsidy Program, a rent subsidy program for new and existing businesses within the CRA District. The Commercial rent Subsidy Program offers up to half a businesses' monthly rent (up to $600), for up to eighteen months. Applicant businesses can own the building they occupy, or rent under a multi -year lease (two years minimum. 4.7.3. Low Cost Tenant Fit -Out and Equipment Financing One of the most effective ways to support development of the High School is to carefully manage the costs of rehabilitation between developer (landlord) and tenants. Supporting redevelopment of the High School may rest on supporting the ability of tenants to be able to afford leases within the building, and make investments in equipment, furniture, and fit -out. Tenant fit -out of leased space is typically negotiated between tenant and landlord, where both parties eventually agree on what improvements to a given space are the responsibility of the owner /landlord, and therefore chargeable as additional rent, or funded by the tenant. Supporting low -cost funding and financing of tenant investments is a simple, cost affordable way to support the long -term economic viability of the final project. The SBA 504 program, discussed above, can be used for financing equipment, furniture, and capital expenses by small businesses. The SBA 7(a) program is a similar loan program, used to finance the purchase land or buildings, to cover new construction as well as expansion or conversion of existing facilities; the purchase of equipment, machinery, furniture, fixtures, supplies, or materials; long -term working capital, including the payment of accounts payable and /or the purchase of inventory; short -term working capital needs, including seasonal financing, contract performance, construction financing and export production; financing against existing inventory and receivables under special conditions; the refinancing of existing business indebtedness that is not already structured with reasonable terms and conditions, or; to purchase an existing business. Boynton Beach Community Redevelopment Agency Commercial Interior Build -out Assistance Program The City's CRA administers a grant program to assist new and existing businesses in the CRA District with the costs associated with the construction and interior finishing of a new or existing location. Eligible businesses can receive up to $15,000. 4.7.4. Property Tax Relief The City will need to deal with the issue of property tax liability on the High School property as a potentially important development, operating cost and small enterprise incentive. If the use of the property incurs property tax liability, and the City decides to provide property tax relief, it can do so under the existing Palm Beach County Historic Property Tax Abatement Program. Palm Beach County has established a property tax abatement program for historic properties to encourage the preservation, rehabilitation and private investment in historically significant properties, neighborhoods, and traditional commercial districts. The program is available to owners of income producing and owner occupied historic properties (50 years or older) located within historic districts or those individually listed in the Local Register of 602 of 757 33 Historic Places. The exemption is available for 100% of the assessed value of qualified improvements made to the property, for a period of up to 10 years. Entry into the program is made through an intermunicipal agreement between the City and the County. The property owner must agree to maintain the qualifying improvements and the character of the property for the period of the exemption. Should the property be sold during the exemption period, the tax exemption is passed on to the new owner. 4.7.5. Other Development Incentives Smaller off - the -shelf incentives and grants may also be applied to the final redevelopment, especially at the front end of the project. The Palm Beach County Tourist Development Council and its affiliated agencies offer a range of grants and assistance supporting the start -up and /or relocation of businesses advancing tourism and visitation. Programs include: • Cooperative Advertising and Promotion • Film Incentive Grant • Sports Event Fund • Major Attractions In addition, the City Commission has authority to waive numerous fees and costs for businesses and developers investing in the City. The City commission, under Chapter 8 of the City code, has discretion to waive Impact Fees, Building permit fees, and, "authorize and provide for the payment by the City of the cost to construct and install improvements to the City's water or sewer system, or both," which serve, but are not located on property owned by an applying business. Such improvements may include lift stations, water lines, sewer lines, or oversized lines. 603 of 757 34 Utilizing the funding and financing sources recommended above, as well as the key strategic elements of the Development and Finance strategy, provides the basis for an aggressive redevelopment schedule. Although there is some lead time required to structure a more effective marketing and solicitation program, by completing early elements of the design and engineering program for building stabilization on a parallel track with the developer solicitation and marketing program, it is possible to expect that a redeveloped High School could open as early as December 2012, or early 2013. 604 of 757 35 605 of 757 U d 0 O z O ( d rn 3 Q p 3 3 W W � c t V CO) W •.I c LL O C a U WI 0 3 > 0 z O U O O a rn 2 3 V 'L C 3 0 N � d d = i � 3 N N d � m LL LL Yl fll � Y d d O WI 6 10 . , N 0 O J J y iL O @ m y u E E N. LL p E O v a a` o O O O p 'm o G O atf'i 0 c h d ' n m CJ > > O G} M 0. > ,O W . O W N N O y S1 C 3 a� +� C a C N C Y �o m co �LLLL m 8 �g E c a' ;r -D L E H m o E E E rn O d V 0 0 0 N c C ,N �Gm to v U 00 QU UU O 0 0 ❑COIL U: O ':m in b 1� 35 605 of 757 REQUEST FOR CONCEPTUAL PROPOSALS FROM QUALIFIED FIRMS, ORGANIZATIONS, AND /OR DEVELOPERS FOR THE ADAPTIVE REUSE /RENOVATION OF THE 1927 HIGH SCHOOL BUILDING" RFP # 078 - 2510- 11 /TWH Sealed proposals will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425 -0310 on or by: Thursday, November 17, 2011, No Later Than 2:30 P.M. (Local Time). Proposals received after the assigned date and time may not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a proposal can be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. A MANDATORY Pre - Proposal Conference is scheduled for October 26, 2011, at 2:00 P.M. (local time), to be held in Commission Chambers, City Hall, 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435. Proof of Attendance for the Mandatory Pre - Proposal Conference will be indicated by the signature of the proposer or their appointee on the attendance sheet provided at the Pre - Proposal Conference. A voluntary site visit of the project area is scheduled to follow the Pre - Proposal Conference and will be conducted by the Project Manager. This will be the ONLY site visit conducted for the project area by the project manager. At the time of the bid deadline, each proposer shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and the Contract, instrument or document and shall in no way relieve any proposer from any obligation in respect to this proposal. Any questions relative to any item(s) or portion of this proposal should be emailed to Tim W. Howard, Deputy Director of Financial Services at email at howardt @bbfl.us Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal /bid. If the City ejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. 606 of 757 RESTRICTION ON COMMUNICATIONS There are restrictions on communications with members of the City Commission and City Staff Members as provided in the Cone of Silence provision of City Code (City of Boynton Beach Code, Section 2 -234; as amended from time to time). Improper communications can result in penalties, including debarment. SCOPE OF SERVICES The City of Boynton Beach is seeking conceptual proposals from qualified firms, organizations (including not - for - profits), and /or developers for the adaptive reuse /renovation, occupancy and operations /maintenance of the 1927 High School located on Ocean Avenue in Boynton Beach. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 (561) 742 -6310 — Tim W. Howard Office Hours: MONDAY — THURSDAY, 8:00 A.M. TO 6:00 P.M. -2- 607 of 757 REQUEST FOR CONCEPTUAL PROPOSALS FROM QUALIFIED FIRMS, ORGANIZATIONS, AND /OR DEVELOPERS FOR THE ADAPTIVE REUSE /RENOVATION OF THE 1927 HIGH SCHOOL BUILDING" RFP # 078 - 2510- 11 /TWH Section 1 - Submittal Information A. The City of Boynton Beach will receive responses until Thursday, November 17, 2011 , at 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with "Conceptual Proposals for the Adaptive Reuse /Renovation of the 1927 High School Building ". B. Any responses received after the above stated time and date may not be considered. It shall be the sole responsibility of the proposer to have their proposal delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Proposals which arrive after the above stated deadline as a result of delay by the mail service may not be considered, may not be opened, and arrangements may be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the proposal and prior to the award being made. C. If any addenda are issued to this REQUEST FOR CONCEPTUAL PROPOSALS, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting their response to contact the City Procurement Services at (561) 742 -6310 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their proposal. D. One (1) original, so marked, and three (3) copies, of the proposal shall be submitted in one sealed package clearly marked on the outside " CONCEPTUAL PROPOSAL FROM QUALIFIED FIRMS, ORGANIZATIONS AND /OR DEVELOPERS FOR THE ADAPTIVE REUSE /RENOVATION OF THE 1927 HIGH SCHOOL BUILDING" and addressed to: City of Boynton Beach, Procurement Services, P.O. Box 310, Boynton Beach, FL 33425 -0310. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted proposal. Proposers must note their Federal I.D. number on their submittal. F. All expenses for making proposals to the City are to be borne by the proposer. 608 of 757 Section II - General Information and Selection Criteria The conceptual proposal should be designed to portray to the City how the proposer's range of services can best assist with the ADAPTIVE REUSE /RENOVATION OF THE 1927 HIGH SCHOOL BUILDING In order to evaluate the capabilities of all firms, each proposal shall include, at a minimum, the following information: A. Proposers must meet the following criteria in order to be considered: furnish background information on the proposing agency and service provider. B. The contents of the Proposal should include: • A cover page. • A table of contents. All pages should be clearly and consecutively numbered and correspond to the table of contents. An Executive Summary. Include a brief summary describing the proposer's ability to perform Work requested in this proposal, a history of the proposer's background and experience providing services, the qualifications of the proposer's personnel to be assigned to this project, subcontractors, sub consultants, and /or suppliers and a brief history of their background and experience, and any other information called for in this proposer which the proposer deems relevant, including restating any exceptions to this Proposal. This summary should be brief and concise to apprise the reader of the basic services offered, experience and qualifications of the proposer and their subcontractors, sub consultants, and /or suppliers. Proposers shall provide documentation that demonstrates their ability to satisfy any of required information contained herein. Proposers who do not satisfy the requirements or who fail to provide supporting documentation and /or affidavits as specified herein may be deemed non - responsive. If a prescribed format or required documentation for the response to information requirements is listed below, proposers should use said format and supply said documentation to be considered responsive. Technical Information; describe the proposer's approach to organization, management and the responsibilities of proposer's management and personnel that will perform work on the Project; describe method employed to ensure safety, prompt service, customer satisfaction, prompt complaint resolution, effective employee performance and training, and timely initiation and completion of all work. Describe the organization's quality initiative program and the type of measuring (or benchmarking) system used to ensure continuous improvement. • Proposers must provide a list of at least three (3) references of either existing or former clients. Provide contact names, phone numbers, project names, a brief description of the services provided, and the name of proposer's primary contact that dealt with the client. • Proposers must provide a list of additional services that will be provided if selected by the City of Boynton Beach. 609 of 757 • Personnel and qualifications (particularly of the agent who will serve the City of Boynton Beach.) • Proposers must provide a list of all lawsuits in which the firm has been named as a party in the past four (4) years along with the status of each lawsuit. • Staff and Company reviews will be conducted pursuant to the provisions of the Sunshine Law. • Each entity, by submission of a response, acknowledges that in the event of any legal action challenging the award of the project, damages, if any, shall be limited to the actual cost of the preparation of the proposal. • Each proposer is deemed to have knowledge of all applicable federal, state and local laws, rules, ordinances and regulations of all authorities having jurisdiction over all aspects of the project. • Required Forms. SECTION III — SCOPE OF SERVICES Project Description The City of Boynton Beach is seeking qualifications and proposals for the rehabilitation of the 1927 High School Building located on Ocean Avenue in Boynton Beach. The City is seeking statements of qualification and conceptual proposals from firms and organizations (including not - for - profits) for the adaptive reuse /renovation, occupancy and operations /maintenance of the 1927 High School building. Brief Background In July 2010 the City Commission contracted with REG Architects, Inc. for consulting and redevelopment services. Based on discussions the City Commission held previously, REG Architects was asked to perform the following tasks: 1) Tie all previous structural evaluations of the building together with a summary update of expected costs in 2010 -2011 for basic renovation. 2) Through a public engagement process, identify a list of prospective uses including private organizations, non - profit organizations civic uses. 3) Prepare an evaluation of funding mechanisms for the refurbishment and adaptive reuse including the use of New Market Tax Credits, Historic Preservation Tax credits, foundation or grant funding and conventional bonding or refurbishment costs. The evaluation shall contain an estimate of fiscal impact, if any to the City through evaluation of partnership opportunities. The analysis will also present a recommended program to the City for uses, ownership vs. lease options, financing and building management cost estimates. 610 of 757 4) Prepare an implementation time -line with critical project items and assignment of responsible parties. This work was performed and completed in May 2011. A copy of the High School Campus Business Development Plan (prepared by REG Architects and IBI Group) may be found at www.boynton- beach.org Community; Historic High School Redevelopment Project. Communitv and Economic Settin The City of Boynton Beach, with a population of about 68,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's tri- county Miami - Dade /Broward /Palm Beach Metropolitan area. By virtue of its location, Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two -hour radius and ready access to three international airports, two major rail lines, as well as the Tri -Rail regional commuter rail system. The 1927 High School Building was designed by architect William Manly Kin in the Mediterranean Revival style and incorporates elements of Art Deco. At approximately 28,000 sq. ft. spread over two floors containing seven classrooms, a gymnasium with stage, and kitchen /cafeteria area, the building presents a broad range of potential uses. This historic structure is strategically located within the City's Ocean District, bounded by Seacrest Boulevard to the west, FEC Railroad to the east, Northeast 3 rd Avenue to the north, and Southeast 2 nd Avenue to the South. The Building represents a key anchor within the Ocean District, providing linkage as a western destination point, balancing the City's Harbor Marina at the east end. This redevelopment area contains a cluster of civic and cultural activities, featuring the City's 1913 School Museum; recently renovated /expanded Public Library; newly opened Ocean Avenue Amphitheater; Kid's Kingdom Playground; and Avenue of the Arts. Ocean Avenue provides one of two bridge crossings to access the coastal beach area along route A1A and is the closest route in proximity to the City's Ocean Front Beach Park. Located strategically in the center of the City adjacent to City Hall, additional site advantages include mature trees, convenient highway access, and close proximity to surrounding residential neighborhoods. The traffic volume through the intersection at nearby Boynton Beach Boulevard and Seacrest Boulevard averages in excess of 35,000 vehicle trips daily. 611 of 757 CITY COMMITMENT TO THE PROJECT: The City of Boynton Beach Community as a whole is strongly committed to successful redevelopment of the 1927 High School. As such, the City promulgates the following for consideration by the proposer: ➢ The City will entertain either a sale or lease of the land as depicted on Exhibit 1 to the proposer below market values. Desired sale and /or lease terms shall be set forth by the proposer in the response to this Request for Proposal. The proposer shall be responsible for payment of any required property tax in either scenario. ➢ Land identified above shall be used by the proposer to provide all necessary infrastructure to ensure a successful project. The City will consider a reduction in the required on -site parking requirements. The Proposal shall clearly define parking needs and any desired relief to City parking requirements necessary to support the proposed project. The proposer shall endeavor to preserve the Kapok tree west of the high school building. It is preferable that the tree not be disturbed internal to its drip line. ➢ The City will pay all permit fees on behalf of the proposer that are necessary to support the selected Project, up to a maximum amount of $100,000. The required public art component will not be waived and shall be part of the project proposal. The City will initiate any rezoning necessary to support the selected Project. The Boynton Beach Community Redevelopment Agency (CRA) is an entity separate from the City of Boynton Beach. The CRA may entertain certain incentives for the selected Project. Examples of potential incentives can be found at the CRA website, http: / /www.boyntonbeachcra.com /businesses / Should the Proposal be contingent upon subsequent incentives being granted by the CRA, those contingencies shall be clearly identified in the Proposal. Documents Available for Review As noted elsewhere in this Request for Conceptual Proposal, there is considerable history related to the redevelopment of the 1927 High School. As such, it is important that the proposer familiarize himself/ herself with these reference materials in order to prepare a project proposal that best addresses community needs and desires. There are a number of documents that should be reviewed by the proposer prior to submittal. A Project Library of documents can be found at http://www.boynton- beach.org /community /boynton beach historic high school redevelopment project /project do cument library.html Particular attention should be given to the Downtown Master Plan published by the Boynton Beach CRA. Additionally, the proposer should be familiar with the most recent Historic Boynton Beach High School Campus Redevelopment Business Plan listed on the studies website. This Plan provides guidance related to potential uses desired by the City for the 1927 High School. 612 of 757 SUBMITTAL REQUIREMENTS AND RATING CRITERIA Qualifications and Experience — Up to 30 Points Each proposer shall provide the City with sufficient information to document the proposers experience and qualifications to accomplish the goals of this solicitation. The proposer must submit information which would permit an understanding of the proposer's structure, qualifications, and financial strength as well as those key participants. The City reserves the right to validate any and all information submitted by the proposers. At its sole discretion the City may disqualify any proposer if the City determines that their proposal does not sufficiently document experience and qualifications, or may at its discretion require that additional information be provided by the proposer(s). The following information must be included in the submitted proposal(s) 1. Demonstrable, readily available capital either in cash flow, line of credit or cash on hand to ensure completion of the project. Provide financial information in separate envelope marked "Confidential" 2. Experience in rehabilitation of historic structures. Provide list of similar projects completed by firm. 3. Experience in accessing Historic Tax Credits (HTC) and New Market Tax Credits (NMTC). Provide list of similar projects where these mechanisms were accessed /utilized. 4. A certificate of good standing from the Secretary of State in which the corporation does business. If the proposing entity is a partnership, please include the corporate information for both entities. If a corporation, provide a corporate resolution authorizing submission for the proposal. If a partnership, provide signature of the managing partner authorizing submission for the proposal. If a non - profit, provide letter approving submission by Board of Directors. 5. A list of team members and their professional qualifications along with a list of projects on which they have actively participated. 6. A written list of similar projects developed by the entity including photographs, addresses, date the projects were completed, project pricing and general project description. Conceptual Proposal(s) — Up to 70 Points All proposers are required to provide proposals describing in text and graphic illustration (as appropriate) how they propose to undertake this project. Elements of the proposals must include the following: 1) Proposed Redevelopment and Use - Each proposer must describe how they expect the building renovation to be accomplished. A site plan with elevations must 613 of 757 be included. Per previous discussions of the City Commission the commissioner desires the uses be limited to any of the following: a) Education or banquet uses as single user /tenants. b) Jobs Based, Multi- Tenant Model. In this scenario a single operator /landlord would lease space to smaller tenants and users for office type purposes, primarily for executive office space that is shared. This space utilization is compatible with other uses such as small fitness centers, day care, cafbs all with the gymnasium potentially available for conference space, etc. Each of these uses would be expected to support each other. c) Art and Culture Based Users. The consultant believes that a multi -user facility based upon Art and Culture may be marketable. Users could include artist studios with further use of the gymnasium for meetings, events, and exhibits as complimentary elements. 2) Conceptual Site Plan - Each proposer shall include an illustrative conceptual floor plan that describes how the interior of the building is intended to be used. In addition, each proposer must provide a conceptual plan for any improvements to the site. As part of the conceptual site plan each proposer must also illustrate how parking is to be provided for the uses in the building. See City Commitments Section of Request for Conceptual Proposal as it relates to parking. 3) Project Financing - Each proposer shall include a proposed plan for the construction of all applicable improvements to the building and site. Although this is intended only as a proposal for financing (and not a firm commitment), the proposer must include sufficient information to demonstrate that the proposer has the ability to acquire construction financing. Additionally, the proposer must submit the following financial information: a) Development Pro Forma b) Operating Pro Forma 4) Project Schedule - Each proposal must outline a project schedule for securing construction financing, building renovation and occupancy. 5. Historic Preservation - Retention of the historic building fagade and building character will be received favorably by the City. Furthermore, Proposals that maintain the exterior fagade, and substantially preserve the interior spaces, may be eligible for federal tax credits. Proposers shall clearly stipulate any tax credit requirements that are integral to their proposal. Proposers shall be responsible for researching tax credit eligibility and shall not rely on information provided by the City. The City retains the option to apply, or will assist the proposer with application, for placement of the Old High School on the National Register if federal tax credits are being sought. 614 of 757 Further information about potential tax credits is available from the Bureau of Historic Preservation at (850) 245 -6333 and the following web sites: httip://www.cr.nips.gov/hlps/tlps/tax/incentives/index.htm http: / /www.nps.clov /history /hps /tps /tax /download /HPTI brochure.pdf htti3://www.nps.gov/hps/tips/tax/ Process All proposals shall be preliminarily reviewed by the City procurement staff for compliance with the requirements of submittal. Responses to this Request for Conceptual Proposal shall be ranked by a City staff review committee consisting of the Public Works Director /City Engineer, CRA Director, Interim Development Director and Deputy Finance Director using the scoring criteria outlined above. If only one qualified proposal is received, the City Commission shall either direct that negotiations with the sole proposer commence, or withdraw the Request for Conceptual Proposal altogether. Proposers will make their presentation before the City Commission. PowerPoint presentations are required and (12) printed copies of the presentation shall be made available at the meeting. Proposers shall submit their PowerPoint presentations (maximum of 10 slides) seven (7) calendar days prior to the presentation before the City Commission. Communication with any individuals in violation of the foregoing restrictions may result in an individual or firm to be disqualified. Anticipated Schedule and Sequence of Events: All dates, with the exception of the Request for Conceptual Proposal submission date are tentative. Proposal submission deadline: Staff compliance review: Staff Committee rank proposals: Presentations to City Commission Thursday, November 17, 2011, 2:30 pm November 30, 2011 December 31, 2011 January 17, 2012 615 of 757 SECTION VI — PRE - PROPOSAL CONFERENCE AND SITE VISIT A MANDATORY pre - proposal conference for interested parties will be held Wednesday, October 26, 2011 at 2:00 P.M., to be held in Commission Chambers. City Hall, 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435. The meeting will take place to answer any questions; subsequently there will be a voluntary site visit to the 1927 High School. Questions regarding this project or this competitive process will be recorded and an addendum or addenda to all registered bidders will be distributed. As important information may be covered at the meeting in response to questions posted by attendees, all interested parties are required to attend. SPECIAL NOTE: Unauthorized contact regarding this Request for Proposal with any City Department Staff, and/or elected officials may result in disqualification. The City of Boynton Beach reserves the right to reject any and all proposals at its sole discretion; to negotiate the terms and conditions of the eventual contract with the developer awarded the Project, and to impose additional use restrictions if necessary. QUESTIONS: All questions concerning the Request for Proposal must be submitted in writing to Jeff Livergood, Director of Public Works at Livergoodi @bbfl.us no later than ten days before the Proposal due date. 616 of 757 NON COLLUSION AFFIDAVIT OF PRIME PROPOSER State of County that: being first duly sworn, deposes and says 1) She /He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached PROPOSAL: 2) He is fully informed respecting the preparation and contents of the attached PROPOSAL and of all pertinent circumstances respecting such PROPOSAL; 3) Said PROPOSAL is genuine and is not a collusive or sham PROPOSAL; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham PROPOSAL in connection with the Contract for which the attached PROPOSAL has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached PROPOSAL or of any other bidder, or to fix any overhead, profit or cost element of the PROPOSAL price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached PROPOSAL are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of 2011 My commission expires 617 of 757 PALM BEACH COUNTY INSPECTOR GENERAL lAIIIIq i►_[61 T M:1 PIC] ih l_ =_►_I I The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. COMPANY NAME Title: Date: 618 of 757 valig mig RAWN - asioll November 28, 2011 Mayor Jose A. Rodriguez City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Historic High School Redevelopment Dear Mayor Rodriguez, We are pleased to submit for your consideration the attached short form agreement for our services in connection with the redevelopment of the Historic Boynton Beach High School. As you know, we are intimately familiar with the project and have strong opinions about its viability if the correct mix of tax credits and special financing can be applied. While there are many worthy projects across the state, we believe that yours represents a high likelihood of attracting a leveraged blend of New Market Tax Credits, Historic Tax Credits, and potentially other sources. Our Team is highly visible in this complex financing marketplace today, with a number of projects in Florida in one stage or another of financing. Further, our relationship with Enterprise Florida opens opportunities to obtain venture capital from the State itself. Our Team will be led by Jeff Auslander, who brings to Lansing Melbourne Group a singular depth of creative public project financing that is unmatched in the State. He will be attending your December 6 th Council Meeting to answer any questions. Our approach in this scope of work is to employ an intense effort to prepare for the New Markets allocations in February. We will endeavor to obtain commitments for the project in the first quarter of 2012 and report back to you with a financing package by the end of March. Periodically through the quarter we will offer you updates and recommendations to enhance the viability of the project and its value to the community. Sincerely, LANSING MELBOURNE GROUP, LLC Peter Flotz Managing Member Lansing Melbourne Group, 812 E Strawbridge, Melbourne, Florida 32901 Phone: 321.727.9910 Fax: 321.727.9916 www.lansingmelbournegroup.com 619 of 757 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, Florida (Owner) and Lansing Melbourne Group, LLC (LMG), based upon Owner's intention to retain LMG to perform services with respect to THE OLD HISTORIC HIGH SCHOOL (the Project) which LMG is prepared to provide. 1. LMG shall provide the Services described in Attachment A, "Scope of Services" and "Schedule ". 2. Owner shall pay LMG in accordance with Attachment B, "Compensation ", and shall be responsible for all matters described in Attachment C, "Owner's Responsibilities ". 3. The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, opinion, or other instrument of service, in any form or media, produced in connection with the Services. 4. LMG shall not be liable to Owner for any consequential damages resulting in anyway from the performance of the Services. To the fullest extent permitted by law, LMG's liability under this Agreement shall not exceed LMG's total compensation actually received under this Agreement. 5. LMG and Owner waive all rights against each other for damages covered by insurance during and after the completion of the Services. 6. Not withstanding anything to the contrary in any Attachments hereto, LMG has no responsibility for the failure of any consultant, contractor, subcontractor, vendor, or other Project participant, not under contract to LMG, to fulfill contractual responsibilities to Owner or to comply with federal, state, or local laws, regulations, and codes. 7. LMG does not guarantee that proposals, bids, or actual Project costs will not vary from LMG's cost estimates or that actual schedules will not vary from LMG's projected schedules. S. This Agreement may be terminated upon written notice at Owners convenience or by either party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. LMG shall terminate performance of Services on a schedule acceptable to Owner, and Owner shall pay LMG for all Services performed and reasonable termination expenses. Paragraphs 4 and 5 shall survive any termination or completion of this Agreement. 9. All documents prepared by LMG pursuant to this Agreement are instruments of service in respect to the Project. Any use except for the specific purpose intended by this Agreement will be at the user's sole risk and without liability or legal exposure to LMG. LMG shall retain its ownership in its data bases, computer software, and other proprietary property. Intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of LMG. 10. In the event the Owner requests LMG to execute any certificates or other documents, the proposed language of such certificates or documents shall be submitted to LMG for review at least 15 days prior to the requested date of execution. LMG shall not be required to execute any certificates or documents that in any way would, in LMG's sole judgment, (a) increase LMG's legal or contractual obligations or risks; (b) require knowledge, services or responsibilities beyond the scope of this Agreement; or (c) result in LMG having to certify, guarantee or warrant the existence of conditions whose existence LMG cannot ascertain. 11. The Services provided for in this Agreement are for the sole use and benefit of Owner and LMG. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and LMG. IN WITNESS WHEREOF, Owner and LMG have executed this Agreement, effective as of the latest date affixed below. City of Boynton Beach, Florida Lansing Melbourne Group, LLC (Owner) (LMG) Signature Signature Name Name: Peter Flotz Title Title: Managing Member Date Date: 11/28/11 11 /28/2011 620 of 757 AGREEMENT FOR PROFESSIONAL SERVICES Attachment A Scope of Services The following scope provides detailed information on the three "deliverables" LMG plans to complete with respect to the Project. Deliverable "1" Due to the immediate need to identify a viable business plan with specific end -users and /or tenant businesses, the question of financial feasibility has to be addressed and resolved. Potential revenue streams have to be aggregated in an amount sufficient to support the operations of the project site and secure financing commitments. The business plan shall be in electronic format and delivered to the City within 45 days of the commencement of the Work. Deliverable "2" An electronic project summary and profile will be prepared and circulated to award winners of New Markets Tax Credits which are expected to be announced during the early part of February, 2012. A total of $3.5 billion nationally will be allocated by the CDFI Fund at the U.S. Treasury. It is expected that a number of sponsoring organizations, or "community development entities" (CDEs) will have as their targeted activities the restoration funding of historic structures and their adaptive reuse. Deliverable "3" Since the project structure is eligible for historic status at the Florida SHPO Office, an application must be prepared to document the proposed scope of the work and formally apply for historic status in order to claim historic tax credits. The application will be prepared and submitted on behalf of the proposed ownership entity. Schedule The timeline for this initial /interim phase shall run from the effective date of this agreement through March 31, 2012, assuming that this Agreement is executed and the retainer is received prior to December 9, 2011. Attachment B Compensation Our proposed fixed fee for the above scope of work is $39,000.00 which is based upon our normal hourly rates and the level of effort we anticipate will be necessary to complete the tasks and provide the deliverables. We have included staff time of two principals plus support staff, along with travel expenses. We will require a retainer in the amount of 25 percent of the total authorized fee upon authorization ($9,750.00), which will be credited on a pro rata basis as the work proceeds. Invoices will be submitted at the end of each month for services and are due upon receipt. Attachment C Owner's Responsibilities Provide LMG with any available site planning studies, architectural master plan documents and base mapping for existing parking areas with supply counts. 11 /28/2011 621 of 757 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Fl. December 13, 2011 C. Considerafion of CRA Board Meeting Dates for 2012 There was consensus to approve the dates aasubmffted. Thep6mary election would not affecthe&ugust14,2O12,meetinQ. D. Discussion ofStudy for Financing Options of Old High School The City had issued amRRP/RFQ in September and no responses were received. A consultant then approached the Chair about how to structure a financial package if they could find a user for the O/d HkJb Schoo|, The Board had to go through the AFp/RFQ process and there was a scope of work associated with the item if the Board wanted to move forward with it. Ms. Brooks worked with the developer who attended theRFP/RFQ pre-bid conference, after the deadline to respond had passed to determine why they did not submit a proposal. The developer explained theywmvo responding to another RPP and could not put the numbers together in time. The consultant had a mixed-use concept, which was a Mangrove Artist Loft, but wanted more time to explore the financing nnechanisms. They had completed adaptive reuse projects in Delray Beach and Chicago and had the financial capacity to d0 these types of projects. This project was starting with a negative $5 million price tag as the building was dilapidated. Ms' Brooks suggested the Board allow them some time to explore alternative financing. She thought if the CRA backed the commercial portion of the project, most likely through a Direct Incentive Funding Agreemmnt(DIFA), it was a doable project. Ms. Brooks also worked with the developer and was able to reduce the funding gap from $1.9million to $1 million. Chair Rodriguez noted there was a communication from Lansing Development which indicated they would have to naseenzh and plan the financing before developer would be obtained. They wanted to assist with New Market Tax Credits, Historic Preservation Grants, and put the financing in place. Then, simultaneously, the Board met with the developer, who indicated he could not work with the numbers. Chair Rodriguez deferred to Attorney Cherofregarding how to proceed. AJ±on)eyChernf explained the Board could direct staff t0 work with the organizations and come back with an RFp/RFQ and staff could proceed with the interested developer. He cautioned the Board must be very careful not to design an RFIP that would provide am edge over anyone else, and dlena may be some limitations about their ability to participate in the and project. The Board had not voted on if they would wont that project In that location. The issue was Vn the agenda for the Board's edification. Kt] 622 of 757 Meeting Minutes Community Agency Board Boynton Beach, FL December 13, 2011 Ms. Brooks suggested because the project was highly specialized, there were many elements to be considered. She also stated the City was not precluded from the process and could participate through aO invitation bmnegotiate, as was done in West Palm Beach an a highly specialized project. The RFP was issued and no responses were received because there were very few individuals who knew how to tackle these types of projects. Kevin Rickard" New Urban Communities, stated they attended the pre-bid meeting, looked mt the site and prepared a site plan. They were in the process of responding to a large RFQ for Pompano Beach and had limited time to dig into the details of this property. Based on their plan, they had a$1.9 million gap. They did not have the time to research New Market or Historic Tax Credits because of the deadline for the response, They were still interested in the site, but needed more time to close the gap, and believed if given time, they could make a deal that was comfortable for everyone. Rudolph Pascuccl, Director, Palm Beach »4uymVm Of Natural History, thanked M: Kaoageorge and Ms. Brooks for the invitation tnspeak. Mr. PascVcci reviewed the museum was a 501(c)(3) corporation that did not have a building. He stated they have traveling exhibits. The organization is involved, primarily in pa|eonbo|mgyand archeology. They are scientists with research C08|8CbOMs, making them unique. Other museums du not have collections that other scientists come to and research, nor have a scientific staff that publishes papers. They do not have research Mc Pascuoj proposed the Old High School was a good building for their exhibits, particularly the main gallery. The gym could house akng-necked dinosaur. They proposed to hold adult education classes, and provide guided tours. They would bring in interns and undergraduate students interested in natural history and have a small museum store with asma|| cafeteria. They proposed to have research library, which could be made part of the Palm Beach County Library system. Social functions could be held |n some rooms. A party museum could be rented out for conventions. IL would be a good venue. The organization has liaisons with the Nature and Discovery Channels. They are associated with the Larson Brothers, who dug up Tyrannosaurus Sue. They work with other groups and would bring those groups to Boynton Beach. It would be a regional, if not, international, draw. They have several plans for international symposiums. He anticipated 50,000 Visitors per year and about 20,000 sdlOo| children would visit. The facility would lend itself to home schooling. It would bring additional businesses into the area and form a cultural hub. W 623 of 757 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 13, 2011 The cost to upgrade the building would be between $5 mU|bm and $8 million and they have over $1 million in assets. /qr. Paacucci was unaware of the RFP and had planned to move into the Boynton Beach Mail, but then met Mr' KanagemqJe at the Chamber luncheon. Mr. Pascucci stated they did not need any funds from the Community Redevelopment Agency, rather they sought e commitment and time to fUndnmVse. They would seek funding from foundations and major corporations since they had Uaisedwith them in the past. He anticipated they could raise the funds in six months and upgrade the building within l8to24 months, once the plans were finalized. The main focus of the museum would be Florida and the Caribbean area. Florida was one of two best locations in the world for 8on Age mammals such as Mammoths, Saber Cabs and Giant Sloths. The major source of revenue for the museum would be the travelling exhibits, and they would keep the exhibits fresh by notating them. There were five expeditions which were: Expedition Dinosaur, Expedition Ice Age, Expedition Conquistador, the Savage Creatures of the Ancient Seas, and Expedition Mego|mdon. The nearest museums ¢f this kind were /n North Carolina and Georgia. The University ofFlorida has some archeological material and mammoth skeletons mounted, but it was small and 300miles away. Mc 9mscucc| stated the organization had $5,0OOto $10,080 ready cash-on-hand and just started to market the travelling exhibUts. They made $30,000 for a two-month exhibit of Expedition Dinosaur in Atlantic City. After that, the Casablanca, Marrakesh International Fair was interested in the exhibit They would receive $35,000 this spring from the South Florida Science Museum. They have a proposal on on $80,000 bid to assemble a juvenile T-Rex called 'Mnker, which they anticipated receiving. Discussion followed the museum could be a regional draw, but the operating funding source was a concern. Mr. pascumci stated if he had a Letter of Intent specifying how long they had to fundraise he could approach individuals, but they had to have o tangible plan. He stated Boynton Beach would be the home of the Palm Beach Museum of Natural History. The organization, was In existence since 2005. Previously they were the Graves Museum in Qnowamd County, which went bankrupt in 2004, but the staff remained together. The most profitable way to make money was to d' up new dinosaurs, which they took the time to do. They were now ready to fumd, ls8. He anticipated as they moved forward with fundra|s|ng, the donors would embrace the effort. Further discussion followed that the members liked the idea and it was e unique opportunity. Both parties should submit a proposal with a timeline, The City would have toprovide a Letter mf Intent, but the Board could give a recommendation they like the options, IN 624 of 757 Mr. Holzman noted a difference between the Museum's proposal and' the New Urban Communities proposal and was unsure what was being bumped up. Attorney Cherof explained the proposals that were received would have to be filtered. Currently the School was vacant and the Request for Proposals and Qualifications received no responses. He stated it was permissible for the Community Redevelopment Agency to move the concepts to the City Commission level, Yjcite The motion unanimously passed. The members returned to XI. Old Business, Item C. Heritage Fest. mgtim Vice Chair Orlove moved to remove the HOB item from the table. Ms. Ross seconded the motion that unanimously passed. 17 625 of 757 626 of 757 627 of 757 628 of 757 629 of 757 630 of 757 Community/ Civic Activities yj 631 of 757 School 632 of 757 633 of 757 634 of 757 EXr airotle 635 of 757 Events 636 of 757 637 of 757 Events r.,, I A A"",,' I`! U L��, I S (_', 0 638 of 757 639 of 757 640 of 757 641 of 757 OEOmmmN BEACH HIGH SCHOO REN rO ELI s� a == <P < e� ,z e® eW 4L y m � �: cows% mRF AND �� 642 of 757 OLD BOYNTON BEACH HIGH SCHOOL LRE I',({7`:fA"NON SECOND FLOOR Room Legend El LJ n r aoon� rcir - aa_a LJ aaFu Rey.,, r -_Rwve CONTIN ARCHITECTURE AND DESIC3N V�� ?1 %lN. C GClil I151U � IiI. CC;Gfi 643 of 757 OLD BOYNTON! BEACH HIGH SCHOOL RENOVATION CONTIN ARCHITECTURE AND DEEIGN e�rv,. ✓.ccntiruseurl;�.o� =iru 644 of 757 645 of 757 646 of 757 647 of 757 648 of 757 f ` �t 650 of 757 651 of 757 652 of 757 653 of 757 654 of 757 655 of 757 656 of 757 657 of 757 658 of 757 659 of 757 660 of 757 661 of 757 662 of 757 663 of 757 664 of 757 665 of 757 666 of 757 667 of 757 668 of 757 South Florida Science West Palm Beach 120,000 Lacks research collections and labs; 12,000 sf Museum 22,000 sf expansion planned Museum of Science Fort Lauderdale 450,000 Primarily children's education programs; lacks research and Discovery 85,000 sf collections The Miami Museum of Miami 300,000 Hosts occasional exhibits; geared towards children's Science 48,000 sf education programs; new 250,000 sf museum planned Florida History Center Jupiter Outside the market area; limited size; focus is general and Museum science and nature HistoryMiami Miami Historical archaeology 40,000 sf Boca Museum of Art Boca Raton 200,000 Focused on art 44,000 sf Fort Lauderdale Fort Lauderdale Focused on art Museum of Art 85,000 Norton Museum West Palm Beach 115,000 Focused on art 85,000 sf Morikami Museum Delray Beach 180,000 Asian art and gardens 32,000 sf 669 of 757 670 of 757 671 of 757 672 of 757 673 of 757 674 of 757 675 of 757 676 of 757 r Qical t i n A Floor C lam 0M , Z Typical ( -ni l.o c Lcv 1 Ij pjcaI UP Upper Levol 677 of 757 678 of 757 679 of 757 680 of 757 681 of 757 682 of 757 683 of 757 684 of 757 685 of 757 686 of 757 687 of 757 iKv-0 LEGAL April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 12 -006 - SECOND READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City -owned /operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. EXPLANATION OF REQUEST: The proposed Code amendments would amend the land development regulations in three (3) different ways. The first component to this code amendment is to change the Use Matrix in the zoning Code to allow primary/secondary schools on properties zoned Planned Unit Development (PUD). Allowing schools in the PUD district is specifically promoted by Comprehensive Plan Policy 10.8.1.5, which addresses intergovernmental coordination and requires provisions for schools in "all urban residential land use categories." Although only one (1) school has been constructed in a Planned Unit Development within the City, schools, churches, and other institutional (public assembly) uses are certainly appropriate within such planned environments to promote connectivity between symbiotic land uses. With respect to the City's economic development initiatives and the current attention on not - for - profit uses, the location of such uses in residential zoning districts is generally more preferable than on lands zoned and intended for potentially more valuable land uses such as commercial or industrial. The second component to this code amendment is to change the Use Matrix in the zoning code to formally recognize and allow commercial activities as allowable accessory uses in connection with city parks. Allowing certain accessory commercial uses within the city parks 688 of 757 would provide additional services, recreational opportunities, and convenience to park visitors, as well as potentially providing additional revenue to the City. Finally, staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments (approved pursuant to Ordinance 11 -023). This is being done in an effort to make it more clear and user - friendly. Staff believes the proposed language would help to further distinguish and clarify the differences (in restrictions) applicable to those establishments in the C -4 zoning district compared to those in the M -1 zoning district. The proposed amendment would not change the intent of the original ordinance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject Code amendment or approve with changes. S: \Planning \SHARED \WP \SPECPROJ \CODE REVIEW \CDRV 12 -002 PUD and REC\Agenda Cover Sheet - 032012 - Public Hearing & First Reading.doc 689 of 757 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, USE REGULATIONS, SECTIONS 3D AND 3E TO ALLOW SCHOOLS IN THE PUD ZONING DISTRICT, ALLOW COMMERCIAL ACTIVITIES IN CITY PARKS ZONED REC AND MODIFY THE RESTRICTIONS ASSOCIATED WITH BEVERAGE AND FOOD MANUFACTURING ESTABLISHMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff is proposing amendments to the Land Development Regulations (LDR) to allow elementary, middle and high schools in the Planned Unit Development (PUD) zoning district; and WHEREAS, staff is proposing amendments to the LDR to change the use matrix to formally recognize and allow commercial activities as allowable accessory uses in connection with City parks which would provide additional services, recreational opportunities and convenience to park visitors as well as potentially providing additional revenue to the City; and WHEREAS, staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments in an effort to make it more clear and user - friendly; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to allow schools in the PUD zoning district, allow commercial activities in City parks zoned REC and modify the restrictions associated with beverage and food manufacturing establishments. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 . The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 3, Article IV, Sections 3D and 3E of the Land Development Regulations, are hereby amended by adding the words and figures in underlined type, as follows: 690 of 757 See attached. Section 3. Chapter 3, Article IV, Use Provisions of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Part III (LDR), Chapter 3, Article IV, Section 3E. 4. General Note. a. C -4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room and retail showroom) to the operation. The size of the tasting room / retail showroom shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. b. M -1 district. 11 An accessory commercial component (i.e._ tasting room and retail showroom shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. Where optional or required, the tasting room, retail showroom, and /or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the tasting area shall be as follows: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive -up, drive- through, or drive -in facilities shall be allowed. (3) The establishment is ineligible for a live entertainment permit. 15. General Note. a. REC district. The proposed use is allowed as an accessory use to a City -owned and operated park facility. 691 of 757 not be Open to 440 pubiir. af4er- 10 p.m., O*raept Fridays and Sattir-days, wlwr-eby it ff"at . I tintil 11 p.m. Additienally, the sii�e ef the Bing tasting area shall net e�ieeed the 11 An accessory commercial component (i.e._ tasting room and retail showroom shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. Where optional or required, the tasting room, retail showroom, and /or facility tours shall not be open to the public after 10 p.m., except Fridays and Saturdays, whereby it may remain open until 11 p.m. The maximum size of the tasting area shall be as follows: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive -up, drive- through, or drive -in facilities shall be allowed. (3) The establishment is ineligible for a live entertainment permit. 15. General Note. a. REC district. The proposed use is allowed as an accessory use to a City -owned and operated park facility. 691 of 757 16. 4-5-- Ocean Avenue Overlay Zone (OAOZ). a... b... c... 1 Prohibited on the ground level of buildings that front on Ocean Avenue. 2. When proposed in this zoning district, the subject use shall only be allowed on property located within the OAOZ or as otherwise allowed by these land development regulations 3 Only allowed as an accessory use to an ARTS CAMPUS located in the OAOZ or as otherwise allowed by these land development regulations 4 Community facilities, other than public parking, shall be restricted to the area of Ocean Avenue between Seacrest Boulevard and Northeast 1 st Street. 39. 3-9- Mobile Vending Unit (MVU). a. C -2 district, C -3 district, C -4 district, CBD district, PCD district, a-d all "Mixed Use" districts and REC district See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective immediately. 692 of 757 FIRST READING this day of , 2012. SECOND, FINAL READING AND PASSAGE this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Part III (LDR), Chapter 3, Article IV, Section 3.1) P= Permitted Residential Commercial Mixed -Use Indus Misc C = Conditional A = Accessory X = Prohibited * (see Legend) J d Legend) e en ( g � U � ' II (see Legend) U U U U U Z COMMERCIAL Retail Sales Mobile Vending P P P P P P P P P P A 15 -34 Unit (MVU) * * * * * * * * * * * — 39 Novelty, Gift, 2 6 Souvenir, & P P P P P P P P P P P * * Miscellaneous 16 3 6 Restaurant P A P P P P P P P P P P P A A 15 + + + + + + + + + + + + + + + 16 43 44 693 of 757 694 of 757 1 3 Restaurant, Take- P P P P P P P P P P P P A 6 out * * * * * * * * * * * * * _ 15 42 43 COMMERCIAL Services Mobile Vending p p p p p p p p p p A 15 -34 Unit(MVU) * * * * * * * * * * * — 39 ARTS, ENTERTAINMENT & RECREATIONAL 2 7 Entertainment, P P P P P P P P P P P A 1 0 I ndoor — 15 49 69 Rentals, 7 Recreational P P P P P A 10 (bicycles, canoes, P P P P * * * * * * 15 personal :7-2 watercraft 73 EDUCATIONAL 4§ School, Primary C C C C C C P P P 17 and Secondary * * * * — * :;§ 77 694 of 757 (I' { t s �;;,° ' D EVELO P MENT PLANNING AND ZONING �u 5% Memorandum PZ 12-009 TO: Chair and Members Planning & Development Board Eric Lee Johnson, Al P, CFM, LEED Green Associate Planner I1 11°° A Michael Rumpf L Planning and Zoning Director DATE: February 15, 2012 RE: Schools in the Planned Unit Developments (PUD) Zoning District; Accessory Commercial Uses in the Recreation (REC) Zoning District; and Clarification of Rules Applicable to Commercial Components of Industrial Uses. CDRV 12 -002 OVERVIEW The rewrite of the City's land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post - adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed request would further item #1, Business and economic development initiative and item #3, Internal consistency. 11 695 of 757 NATURE OF REQUEST Modify the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City- owned/operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. BACKGROUND Schools in PUD Primary and secondary schools (i.e., elementary, middle, and high school) are excluded from the list of allowable uses in PUD zoning district pursuant to Part III (LDR), Chapter 3, Article IV. Over the past year, staff has received two (2) inquiries from school operators who desire to open facilities on properties zoned PUD, and this demand has caused staff to reevaluate its status. For example, a private elementary /middle school operator, whose mission it is to serve special needs children, has recently contacted the City about leasing an existing building on Hypoluxo Road that is zoned PUD. Likewise, the property owner at 3333 High Ridge Road, including the Imagine Charter School is planning to submit an application to rezone the property from Single - Family and Two - Family Dwelling (R -2) district to PUD, to combine the school property with the vacant PUD -zoned parcel directly to the south for the purposes of unifying the design and optimizing project density within a planned development. The properties were originally a single parcel and were split in two to accommodate the school project while development options were reconsidered for the remainder of the property. If this amendment is approved, assembly of the parcels into a single PUD must still be processed and approved as a master plan modification and meet the basic requirements (e.g. interconnectivity and access, continuity in landscaping and signage, etc.) for such planned developments. Accessory Commercial Use in City Parks With respect to the REC zoning district, staff has been approached by commercial vendors who want to operate their business from various City- owned/operated parks; however, the code does not formally allow such activities. Staff supports this amendment to allow such private businesses that commonly provide an accessory and complimentary service and/or product (e.g. bait and tackle, boat rental, food, etc.) to city parks located within the REC district. Clarification of Rules ADDlicable to Commercial Comuonents of Industrial Uses Last year, Ordinance 11 -023 was passed to allow commercial components (e.g., tasting room) to food and beverage manufacturing (industrial) uses. Since the new regulations were adopted, staff has been approached by entrepreneurs who want to open businesses in the City, but there has been some confusion on its interpretation. Staff is hopeful the 696 of 757 proposed language will help clarify the provisions and make it more user - friendly to the public. ANALYSIS Schools in PUD The American Planning Association's (APA) Policy Guide on Smart Growth recognizes the importance of enhanced linkages and transportation choices between interdependent land uses. The inherent connection between schools and homes is very strong, and therefore, it makes good planning sense to locate schools within close proximity to residential areas. With schools and homes close to each other, students are able to walk (or ride bicycles), which promotes healthier living, reduces vehicle miles traveled (VMTs), and reduces greenhouse gas (GHG) emissions. This design quality is specifically promoted by Comprehensive Plan Policy 103.1.5, which addresses intergovernmental coordination and requires provisions for schools in "all urban residential land use categories," therefore, elementary, middle, and high schools are currently allowed within all conventional residential zoning districts (e.g., R -1, R -1 -A, etc.). Although only one (1) school has been constructed in a Planned Unit Development within the City, schools, churches, and other institutional (public assembly) uses are certainly appropriate within such planned environments to promote connectivity between symbiotic land uses. With respect to the City's economic development initiatives and the current attention on not - for -profit uses, the location of such uses in residential zoning districts is generally more preferable than on lands zoned and intended for potentially more valuable land uses such as commercial or industrial. Accessory Commercial Use in Citv Parks The City has many parks, and it's not uncommon that staff is approached by commercial vendors who want to operate their businesses from these facilities. Some of the requests are unrealistic, however, there are certain uses that have merit and would be of benefit to the public. For example, a local kayak operator may want to rent kayaks at one of the City's waterfront parks. Also, a qualified fitness instructor may want to offer a self improvement class at one of the parks. These types of services would provide additional recreational opportunities and convenience to park visitors. From a historical perspective, Harvey Oyer Park (formerly known as Boat Club Park) had a fully operating bait/tackle shop, but that operation ceased sometime in the 1980's. Currently, Oceanfront Park has a take -out restaurant operating from its locale, but the park facility is not located within city limits, and therefore, it is regulated by the Town of Ocean Ridge and not subject to the City's zoning regulations. This code amendment would formally recognize and allow commercial activities as allowable accessory uses in connection with city parks. 697 of 757 Clarification of Rules Applicable to Commercial Components of Industrial Uses Finally, staff is proposing minor changes to the restrictions associated with tasting rooms of beverage and food manufacturing establishments (approved pursuant to Ordinance 11- 023). This is being done in an effort to make it more clear and user - friendly. Staff believes the proposed language would help to further distinguish and clarify the differences (in restrictions) applicable to those establishments in the C -4 zoning district compared to those in the M -1 zoning district. The proposed amendment would not change the intent of the original ordinance. • i 1 1 • 1 Staff is recommending approval of the proposed code amendments to 1) allow schools in the PUD zoning district; 2) allow commercial activities in city parks zoned REC; and 3) modify the restrictions associated with beverage and food manufacturing establishments. Overall, this amendment would help promote business/economic development, expand the services and resources available to park visitors, and make the code more user - friendly. See next page. 4 698 of 757 PROPOSED LANGUAGE Part J11 (LDR). Chapter 3. Article IV, Section 4J) P — Permitted C = Conditional Residential Commercial mixc Indus Misc A = Accessory 16 X = Prohibited 3 (gee Legend) J Legend) 1 6 0 0 � 4 . q P A P (see P P F P P P P P P A A 15 M U 0 4 (see Legend) U U U U z _U COMMERCIAL .43 Retail Sales Mobile Vending P P I F I p � Tp P P P A Unit (MVU) T* .l * * * Novelty, Gift, P P Restaurant, Take- I P p P P P A A 2 6 Souvenir, Sc p P p P P P P A . P P P P . . . . . 61 699 of 757 16 3 6 Restaurant P A P P P P F P P P P P P A A 15 .43 44 3 Restaurant, Take- P P p p P p P p P P P P A 6 out * 15 41 L COAMERCL&L Services Mobile Vending Unit (MVU) 39 8, ENTERTAINMENT & RECREATIONAL 2 7 Entertainment P p p P P P P P P P P 10 12 Indoor 15 69 Rentals, 7 Recreational P P P A 10 (bicycles, ramics, p P P M personal 74 13 EDUCATIONAL 16 School, Primary C C C C C C P P P 17 and Secondary 76 61 699 of 757 . General Note. a. C4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room and retail showroom) to the operation. The size of the tasting room / retail showroom shall be at Ieast 10% of the gross floor area or 1,000 square feet, whichever is greater. This minimum size requirement is not ,roadway No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. b. M-1 distric ( '��ese establishments may include —an aeees ,er- eemmereial . aftef 10 > > whereby it mal Wig: (a) For establishments under 10,000 square feet or less: 20% of the gross floor area but not to exceed 1,500 square feet. (b) For establishments greater than 10,000 square feet, Not to exceed 1,500 square feet. (2) No drive -up, drive- through, or drive -in facilities shall be allowed. (3) The establishment is ineligible for a live entertainment permit. a. REC district. The proposed use is allowed as an accessory use to a City- owned and operated park facility. 700 of 757 16. 4-5-. Ocean Avenue Overlay Zone (OAOZ). a... c... Prohibited on the ground level of buildings that front on Ocean Avenue. 2. When proposed in this zoning district, the subject use shall only be allowed on property located within the OAOZ or as otherwise allowed by `:these land develoMent rel uiatlons 3 Only allowed as an accessory use to an ARTS CAMPUS located in the OAOZ or as othemise alloyed by these land development regulations, 4 Community facilities, other than public parking, shall be restricted to the area of Ocean Avenue between Seacrest Boulevard and Northeast 1 St Street. 39. 3$ Mobile Vending Unit (MVU). a. C -2 district, C -3 district, C -4 district, CBD district, PCD district, and all "Mixed Use" districts and REC'district See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. S `Pl arming \SHARED \WP\SPECPROACODE REVIEW\CDRV 12 -062 PUD and REOStaff Report.doc 701 of 757 702 of 757 13. B LEGAL April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 12 -007 - FIRST READING - Amending Section 26- 8, Water and sewer connection, deposit and service charges ", of the City's Code governing water and wastewater rates. The revised fee structure for particular services provided to utility customers will be effective July 1, 2012. EXPLANATION OF REQUEST: Utilities staff members in the Meter Services Division are responsible for field response to customer requests for assistance, investigations from report or bill irregularities, and any other work order issues for field verification in relation to utility services. In many cases, there are no fees for these increasing demands for field services that are provided often at the request of the customer. An analysis was prepared documenting the staff time and material costs along with a comparison of other nearby jurisdictions. The City of Boynton Beach Utility is either providing many courtesy services or the fees are less than nearby water utilities. The last time fees were reviewed and revised was in 2002, prior to that they were reviewed in 1990. The recommended changes to fees fall into three (3) broad areas in Section 26 -8 of our Code: 1. Field Visit Services, 2. Customer Tampering / Damages, and 3. Temporary Account Activation. 703 of 757 Field Visit Services 1. Turn On or Turn Off Services - Currently there is a $20 fee for both "turn on" or "turn off' services without a definition of related services. There is no fee change proposed, however, staff is proposing an expansion of the definition of a field visit beyond just turning on or turning off service. Other jurisdictions charge $20 - $32. 2. Meter Test Services ( *) — Currently, we charge $20 to test meters of all sizes for accurate reading at the request of customers. In reality, our actual costs range from $130 -$515 depending on the meter sizes. Other jurisdictions vary, but within the proposed size ranges. Our proposed rates are based on our actual costs incurred during calendar year 2011. During this period, we absorbed $4,850 in costs above the fees we charged to customers. The proposed rates will raise revenues only to equal our actual costs. 3. Customer Re -Read Request Service ( *) - Currently, we charge $20 to re -read both residential and commercial /multi - family meters. Our actual costs are $32 for residential meters and $47 for the larger commercial /multi - family meters, respectively. The proposed rates will increase annual revenues $3,470 only to equal our actual costs. The proposed rates of $30 for residential re -reads and $40 for commercial /multi - family re- reads is lower than nearby jurisdictions ranging from $20 to $50. ( *) No charge to customer if there is a meter error, City error, or a substandard flow rate is detected. Customer Tampering / Damages In recent years, customer tampering and theft of water service has increased significantly resulting in revenue losses. Tampering includes any manipulation of water meters or theft of utilities services. Most of these incidents occur after a customer is shut off for non - payment or after the water meter is removed, but can occur anywhere. A few examples of customer tampering includes — • Breaking the valve or lock to turn their own water back on; • Stealing a meter from a vacant property and utilizing it at their own property; • By- passing the meter to get free water. On average, Utilities comes across these situations about 10 — 20 times per month, depending on the volume of shut -off for non - payments that are conducted. Often, each incident requires several visits by - • Meter Services staff, including supervisor's time, • Customer Relations monitoring, • Police time to create reports, and 704 of 757 • Water Distribution time and equipment to make the repairs. All costs are currently absorbed by the City. Instituting these fees may deter this theft. Currently, while the City is authorized to collect expenses for damages to meters by customers, the basis of those expenses is proposed to be imposed on a per hour rate for staff time plus material. However, there are no "penalty charges per occurrence" for any customer meter tampering resulting in City property damages or theft incurred by customers. The proposed rates add penalties of $50 and $150 per occurrence as a deterrent to tampering with the meters. Nearby jurisdictions' charge penalty rates ranging from $60 to $500 per occurrence. Temporary Account Activation Section 26 -8.1 will add the following paragraph (g): (g) Temporary account activation for purpose of property inspection. Customer shall be required to open a new account including a deposit under current rates. All charges will be applied in same manner as they are for all new accounts. Statutory Notice Requirement Florida Statute 180.136 requires notice of proposed increases of any rate, charge or fee for water or utility service as follows: Water 180.136 or sewer utilities; notice.— Before a local government water or sewer utility increases any rate, charge, or fee for water or sewer utility service, the utility shall provide notice of the proposed increase to each customer of the utility through the utility's billing process. The notice shall state the date, time, and place of the meeting of the governing board of the local government at which such increase will be considered. The notice required in this section is in addition to any notice and public meeting requirements for ordinance adoption as provided by general law. To accommodate this notice requirement second reading of the Ordinance will occur on June 5, 2012 by which time all customer billing cycles will have been completed to provide the required notice described above. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Changes to the fee for services will generate the appropriate revenue for services rendered. Staff members are overburdened with courtesy services and follow -up services for customer initiated inquiries. Fees may discourage customers from unnecessary requests and encourage customers to be more responsible for the request for services. This could result in a decrease in work order requests and staff can concentrate on reading and maintenance activities that are required in the system. Activities include repairs, installations, trouble shooting, and the delinquency process and shut -offs for non - payment. This action could also relieve other divisions from the burdens of assisting Meter Services in their day to day work activities. 705 of 757 FISCAL IMPACT: Revenue will now be generated for the actual cost of certain services that are not currently charged or charged well below costs and what other nearby utilities charge their water customers. The added revenue will supplement the utility rates and support the overall Utility Enterprise Fund. ALTERNATIVES: An alternative is to leave the fees at their current level and continue courtesy responses with increasing staff demands and possibly unnecessary or costly visits to customers and field locations. 706 of 757 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, SECTIONS 26 -8 AND 26 -8.1 TO REVISE THE FEES FOR PARTICULAR SERVICES TO UTILITY CUSTOMERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Meter Services Division is responsible for field response to customer requests for assistance, investigations from bill irregularities and other work order issues for field verification in relation to utility services; and WHEREAS, there has been an increasing demand for these field services, often requested by the customer, which in many cases, there are no fees; and WHEREAS, an analysis was prepared documenting staff time and material costs compared to other nearby jurisdictions; and WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of proposed increase to any rate, charge or fee for water or sewer utility service, have been satisfied, as the required notice has been furnished to each utility customer through the City's regular billing process; and WHEREAS, the City Commission of the City of Boynton Beach, based upon the justification provided by City staff, deems it to be in the best interests of the citizens and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City of Boynton Beach Code of Ordinances to provide for these necessary changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2 . That Chapter 26, Article I, Section 26 -8, entitled Water and sewer connection, deposit and service charges, is hereby amended in part by adding the words in underline and deleting the words that are struck- through as follows: 707 of 757 Sec. 26 -8. Water and sewer connection, deposit and service charges. There is hereby established a fee structure for water and sewer service, field visits, am meter connections and deposits, and miscellaneous services as set forth below: Field Vsit Services Charge Per where tampering /damages occurred. Occurrence Tufff eff Field visit (Including, but not limited to: initial read on, initial read shut, final $20 read on, final read shut, temporary disconnects, non - emergency shut off for repair, charge for instances in which unauthorized connections cannot be securely disconnected due to tampering and /or damages or inability to lock the meter.) customer requested meter locates, and installation, movement, or removal of Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines hydrant /construction meters.) are used around existing meter. This charge may be gpplied alone or in addition to E) $24 Turn -on after hours $55 Turn -off after hours $55 Meter test (Based on meter size) $24 3 /4 " $130 1" $150 1 '' /z" $206 2" $230 3" and above $515 Re -read* (customer request) &24 Residential $30 Commercial / Multi - Family $40 Water shut -off charge for non - payment $40 Labor charge for meter upgrades $60 Flow test* $30 Dishonored checks $25 Late payment $10 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three (3) months. Customer TamperinyDamazes The Utilities Department is authorized to collect expenses for damages to meters /service by customers. if damages result from tampering, a per hour rate for staff time and material will be applied. All charges will be assessed to the account Charge Per Occurrence where tampering /damages occurred. Unauthorized reconnection of service $150 Pulled meter / reinstallation (In addition to the unauthorized reconnection of service $50 charge for instances in which unauthorized connections cannot be securely disconnected due to tampering and /or damages or inability to lock the meter.) Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines $150 are used around existing meter. This charge may be gpplied alone or in addition to other tampering charges.) 708 of 757 Meter Connection Charges Meter Size (in inches) Inside City Outside City Deposit 5/8" and 3 /4 " $220 $275 $100 1" $255 $315 $125 1 '' /2" $455 $565 $250 2" $530 $660 $400 3" Furnished customer and installed by and at the expense of $750 4" Furnished customer and installed by and at the expense of $1,250 6" Furnished customer and installed by and at the expense of $2,500 8" Furnished customer and installed by and at the expense of $4,000 Construction Meters Meter Size (in inches) Penalty for Nonread/month Deposit 3 /4" $25 $100 1" $25 $100 1 '' /2" $25 $200 2" $25 $200 Hydrant meter $150 $600 If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. Section 3 . That Chapter 26, Article I, Section 26 -8.1, entitled Water and sewer deposits; accounts, credits, termination and re- connection is hereby amended by adding section (g) as follows: Sec. 26 -8.1 Water and sewer deposits; accounts, credits, termination and re- connection. (a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained in a non - interest bearing account. (b) Credits on deposits for residential customers. On December 1st of each year the city will refund utility deposits to residential customers who have maintained a consecutive twelve (12) month satisfactory payment record and have established services for a consecutive twenty -four (24) month period. Accounts classified as 709 of 757 commercial are not eligible for refunds described in section (b) hereof prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean that the customer: (1) Has not made more than one late payment after the expiration of 30 days from the date of mailing. (2) Has not paid with a check refused by the bank. (3) Has not been disconnected for non - payment. (4) Has not tampered with the meter. (5) Has not used service in a fraudulent or unauthorized manner. Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the customer shall become delinquent for a period in excess of 30 days the city may require the customer to pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in accordance with the provisions of this section. (c) Termination of service. Upon termination of service the deposit, if not already refunded to the customers account, shall be credited against the final bill and the balance, if any, shall be returned to the customer in the form of a check. (d) Re- connection. Customer shall be required to place a new deposit on account according to the then current rate upon reconnection to the city system. (e) Billing for utility service for parcels that will receive both water and sewer service shall commence on the first day that either a sewer connection is made, or the water meter is set in place. Billing for parcels receiving sewer service shall commence on the day that the sewer service line is connected to the City's utility system. For initial billing periods of less than thirty (30) days, the base facility charge will be pro -rated by multiplying the standard base facility charge by the number of days the service was provided, and then dividing by thirty (30). (f) Base facility charge. The base facility charge is defined as the monthly base fee charged per unit that shall be levied upon the initiation of service. The base facility charge is used to defray those non - consumption related operational expenses such as salaries, debt service, meter reading, billing and maintenance activities associated with the City's utility department, that are incurred regardless of water usage. (g) Temporary account activation for purpose of property inspection. Customer shall be required to open a new account including a deposit under current rates. All charges will be applied in same manner as they are for all new accounts. Section 4. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision 710 of 757 shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective July 1, 2012. FIRST READING this day of , 2012. SECOND, FINAL READING AND PASSAGE this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman ATTEST: Commissioner — Marlene Ross Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) 711 of 757 Sec. 26 -8. Water and sewer connection, deposit and service charges. There is hereby established a fee structure for water and sewer service, field visits, t6IFR QRS meter connections and deposits, and miscellaneous services as set forth below: Field Visit Services Charge Per Occurrence T "� A op Field visit (Including, but not limited to: initial read on, initial read shut, $20 final read on, final read shut, temporary disconnects, non - emergency shut off for repair, customer requested meter locates, and installation, movement, or removal of hydrant/construction meters.) T - KN-e Q 9 Turn -on after hours $55 Turn -off after hours $55 Meter test (Based on meter size) QG $130 $150 1 X 206 2" 230 3" and above $515 Re -read* (customer request) $�9 Residential $30 Commercial /Multi - Family 40 Water shut -off charge for non - payment $40 Labor charge for meter upgrades $60 Flow test* $30 Dishonored checks $25 Late payment $10 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three (3) months. 712 of 757 Customer Tamperin_q/Dama_ges The Utilities Department is authorized to collect expenses for damages to meters /service by customers. If damages result from tampering, a per hour rate for staff time and material will be applied. All charges will be Charge Per Occurrence assessed to the account where tampering /damages occurred. Unauthorized reconnection of service JL5 0 Pulled meter / reinstallation (In addition to the unauthorized reconnection of service charge for instances in which unauthorized 50 connections cannot be securely disconnected due to tampering and /or damages or inability to lock the meter.) Illegal meter bypass (For theft of service after meter has been pulled or 150 if jumper lines are used around existing meter. This charge may be applied alone or in addition to other tampering charges.) Meter Connection Charges Meter Size (in inches) Inside City Outside City Deposit 5/8" and 3 /4" $220 $275 $100 1 $255 $315 $125 1 %2 $455 $565 $250 2" $530 $660 $400 3" Furnished and installed by and at the expense of $750 customer 4" Furnished and installed by and at the expense of $1,250 customer 6" Furnished and installed by and at the expense of $2,500 customer 8" Furnished and installed by and at the expense of $4,000 customer 713 of 757 Construction Meters Meter Size (in inches) Penalty for Nonread /month Deposit % $25 $100 i $25 $100 1 %2 $25 $200 2" $25 $200 Hydrant meter $150 $600 If the customer requests to increase the size of his water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. Sec. 26 -8.1 Water and sewer deposits; accounts, credits, termination and re- connection. (a) Accounts. All utility deposits collected by the city pursuant to this chapter shall be maintained in a non - interest bearing account. (b) Credits on deposits for residential customers. On December 1st of each year the city will refund utility deposits to residential customers who have maintained a consecutive twelve (12) month satisfactory payment record and have established services for a consecutive twenty -four (24) month period. Accounts classified as commercial are not eligible for refunds described in section (b) hereof prior to termination of service. For purposes of this section a "satisfactory payment record" shall mean that the customer: (1) Has not made more than one late payment after the expiration of 30 days from the date of mailing. (2) Has not paid with a check refused by the bank. (3) Has not been disconnected for non - payment. (4) Has not tampered with the meter. (5) Has not used service in a fraudulent or unauthorized manner. Notwithstanding the foregoing, if subsequent to the refund of the deposit to the residential customer, the customer shall become delinquent for a period in excess of 30 days the city may require the customer to pay a new deposit within 15 days of written notice. Said deposit shall also be subject to refund in accordance with the provisions of this section. (c) Termination of service. Upon termination of service the deposit, if not already refunded to the customers account, shall be credited against the final bill and the balance, if any, shall be returned to the customer in the form of a check. (d) Re- connection. Customer shall be required to place a new deposit on account according to the then current rate upon reconnection to the city system. 714 of 757 (e) Billing for utility service for parcels that will receive both water and sewer service shall commence on the first day that either a sewer connection is made, or the water meter is set in place. Billing for parcels receiving sewer service shall commence on the day that the sewer service line is connected to the City's utility system. For initial billing periods of less than thirty (30) days, the base facility charge will be pro -rated by multiplying the standard base facility charge by the number of days the service was provided, and then dividing by thirty (30). (f) Base facility charge. The base facility charge is defined as the monthly base fee charged per unit that shall be levied upon the initiation of service. The base facility charge is used to defray those non - consumption related operational expenses such as salaries, debt service, meter reading, billing and maintenance activities associated with the City's utility department, that are incurred regardless of water usage. (g) Temporary account activation for purpose of property inspection. Customer shall be required to open a new account including a deposit under current rates. All charges will be applied in same manner as they are for all new accounts. 715 of 757 13. C LEGAL April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 12 -008 - FIRST READING - Approve amendments to the Historic Preservation Ordinance as codified in the Land Development Regulations (LDR) Part III, Chapter 1, Article II (Definitions), Part III, Chapter 1, Article VII, (Administrative and Decision Making Bodies), and Part III, Chapter 4, Article IX (Building, Construction and Historic Preservation) EXPLANATION OF REQUEST: The City is in the process of applying to the Department of State, Division of Historical Resources for Certified Local Government (CLG) certification. The CLG program is a preservation partnership between local, state and national governments which is jointly administered by the National Park Service and the State Historic Preservation Office. The benefits of CLG certification include eligibility to apply for federal funds allocated for CLG certified municipalities, participation in the review and approval of nominations to the National Register, technical training and assistance, and formal recognition that the City Historic Preservation Program meets state and federal standards. CLG certification also highlights the City's commitment to the protection of its historic resources. The CLG application form contains a list of requirements that must be included in the Historic Preservation Ordinance to receive certification. Although the existing Ordinance includes many of these items, some require further explanation and additional items must be included. The main changes include a fuller description of the operation and duties of the Historic Resources Preservation Board (HRPB), additional criteria for the designation of historic sites, a simplified application process for the designation of historic sites and Certificate of Appropriateness applications, a description of the procedure for the nomination of sites to the National Register of Historic Places, amendments to the criteria for new construction and additions, and further 716 of 757 details on the application requirements for a Certificate of Economic Hardship. The proposed wording is consistent with the respective ordinances of other CLG certified municipalities. The proposed amendments have already been reviewed by the Division of Historical Resources to ensure they meet CLG requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? CLG certification will further the City's Historic Preservation Program, will confirm the program meets state and federal standards, and will allow the City to apply for CLG funding. FISCAL IMPACT: None ALTERNATIVES: Approve request, approve with modifications, deny request 717 of 757 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III — LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, DEFINITIONS; AMENDING CHAPTER 1, ARTICLE VII, ADMINISTRATIVE AND DECISION MAKING BODIES, SECTION 4; AMENDING CHAPTER 4, ARTICLE IX, BUILDING, CONSTRUCTION AND HISTORIC PRESERVATION, SECTION 6, ALL AMENDMENTS ARE NECESSARY FOR CERTIFIED LOCAL GOVERNMENT CERTIFICATION FROM THE DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; PROVIDING A CODIFICATION, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City is in the process of applying to the Department of State, Division of Historical Resources for Certified Local Government (CLG) certification;, and. WHEREAS, the benefits of CLG certification include eligibility to apply for federal funds allocated for CLG certified municipalities, participation in the review and approval of nominations to the National Register, technical training and assistance and formal recognition that the City Historic Preservation Program meets state and federal standards; and WHEREAS, upon staff recommendation, the City Commission approves the amendments contained herein to the City's Historic Preservation Ordinance so that Certified Local Government certification can be obtained from the Department of State, Division of Historical Resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA that: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. Chapter 1, Article H, Definitions, of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: 718 of 757 HISTORIC PRESERVATION - Any definition set forth in 36 C.F.R. Part 60 (the then - current Code of Federal Regulation, as may be amended from time to time) shall be included in the definition for such term (and shall control to the extent there is a conflict of meaning), or as an additional definition, if such term is not otherwise defined: ALTERATION - Any construction or change of a Resource. BOARD - The Boynton Beach Historic Resources Preservation Board (HRPB). BOYNTON BEACH REGISTER OF HISTORIC PLACES - An official listing maintained by the City of all Historic Properties and Historic Districts so designated by this ordinance. BUILDING(S) - A construction, such as a house, garage, church, or hotel, created principally to shelter any form of human activity. CERTIFICATE OF APPROPRIATENESS - A document evidencing approval by the Board or the City staff for work proposed by an applicant. CERTIFICATE OF ECONOMIC HARDSHIP - A document evidencing approval by the Board of an application for economic hardship as that term is defined in this ordinance. CERTIFIED LOCAL GOVERNMENT (CLG) - A local government approved by the Florida Department of State, Division of Historical Resources, to perform certain historic preservation functions. CONTRIBUTING PROPERTY - A Property that contributes to the historic significance of a Historic District by location, design, setting, materials, workmanship, feeling, and association and thus adds to the District's sense of time, place, and historical development. DEMOLITION - Any act or process that partially or totally destroys a Resource. DESIGN GUIDELINES HANDBOOK - Document utilized by the City which illustrates examples of design features, historic styles and treatment options which preserve the historical, cultural and architectural character of a Historic District or Property. DISTRICT - (see Historic District). ECONOMIC HARDSHIP - An onerous, extreme and exceptional economic burden that would be placed upon a property owner by the denial of an application for a certificate of appropriateness or by the imposition of conditions placed on the granting of such certificate. EFFECT - A change in the quality of the historical, architectural, archaeological or cultural significance of a Property or District, or in the characteristics that qualify the Property or District as historically important. FLORIDA MASTER SITE FILE - An archive and database of all known archaeological and historical sites and districts recorded within the state of Florida that is maintained by the Florida Department of State Division of Historical Resources and is organized alphabetically by county and numerically, as recorded. HISTORIC DISTRICT - A geographically definable area designated by the City Commission as possessing a significant concentration, linkage, or continuity of Properties united historically or aesthetically by plan or physical development. 719 of 757 HISTORIC PROPERTIES - Those Properties designated by the City Commission as being of historical, cultural, architectural or archaeological importance. NATIONAL REGISTER OF HISTORIC PLACES - The official Federal list of Historic Districts, Sites, Buildings, Structures, and Objects significant in American history, architecture, landscape architecture, engineering, archaeology, and culture. Authorized under the National Historic Preservation Act of 1966, and by 36 C.F.R. 60 as each may be amended from time to time, and maintained by the U.S. Department of the Interior. NON - CONTRIBUTING PROPERTY - A classification applied to a Property within a Historic District signifying that it does not contribute to the qualities that give the Historic District cultural, historical, architectural, or archaeological significance as embodied in the criteria for designation of a District, but which because of its location within a District should follow the review procedures required by this ordinance. OBJECT - A primarily artistic item closely linked to the history of the property. Said item is typically relatively small in scale and simply constructed, such as a statue, milepost, statuary, or fountain. PROPERTY - Area of land containing a single historic resource or a group of resources, which may include any of a Building, Site, Structure, Object, or District. RECONSTRUCTION - The process of reproducing by new construction the exact form and detail of a demolished Property as it appeared at a certain point in time. REHABILITATION - The process of repairing or altering a Property so that an efficient, sustainable and appropriate contemporary use is achieved, whieh while preserving those significant historical, architectural, or cultural features which establish the character of the Property. RELOCATION - Any change of the location of a Building, Structure or Object from its present setting to another setting. RESOURCE - A Building, Site, Structure, Object, or District that reflects historical, archaeological, or cultural significance. RESTORATION - The process of accurately recovering the form and details of a Property as it appeared at a particular period of time, which may involve the removal of later additions or Alterations, or the replacement of missing features. SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - A federal document set forth in 36 C.F.R. 67, as amended from time to time, which provides guidance on the sensitive Rehabilitation of a Historic Property. SETTING - The physical environment of a Property, including all landscape elements. SITE - The location of an event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure. STRUCTURE(S) - A combination of materials to form a construction, generally used to distinguish from Buildings those functional constructions made for purpose4 s other than creating human shelter. (For example, a bridge, wall, fence, pond). 720 of 757 Section 3. Chapter 1, Article VII, Administrative and Decision Making Bodies, Section 4, of the Land Development Regulations is hereby amended by adding the words and figures in underlined type, as follows: Section 4. Historic Resources Preservation Board. A. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. B. Establishment, Composition and Terms. The Historic Resources Preservation Board shall consist of seven (7) members and two (2) alternate members who shall be appointed by the City Commission. Members need not be residents or owners of businesses that are within the City, but preference shall be given to individuals who shall reside or have a principal place of business in the City. Where possible, a minimum of two (2) members shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A minimum of three (3) additional members of the Board shall be experienced in the areas of commercial development, real estate, banking or law. The two (2) remaining members shall be citizen members at large. The two (2) alternate members shall be from any of the foregoing professions or citizen members at large. All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines. Members of the Board shall serve three (3) year terms. Of the initial appointments, four (4) members shall be appointed for a term of three (3) years and three (3) members shall be appointed for a term of two (2) years. Alternate members shall be appointed for a term of two (2) years. Vacancies on the Board, including expired terms shall be filled within sixty days by persons with the same background as the original appointee, or related field, in order to maintain the desired Board makeup. The Board shall hold a minimum of four meetings per year at regular intervals. All meetings of the Board shall be publicly announced and will have a previously advertised agenda. The meetings shall be open to the public. Persons serving on the board are encouraged to attend educational meetings or workshops to develop a special interest, expertise, experience or knowledge in preservation, architecture, or quasi - judicial boards. 721 of 757 The City shall appoint a professionally qualified historic preservation planner to advise and assist the Board, carry out delegated responsibilities, and undertake the requirements for Certified Local Government certification. C. Procedures and Quorum. The Board shall ta.-Aablish adopt rules of procedures, subject to any limitations prescribed by law. The rules of procedures shall be available for public inspection upon request. Four (4) members shall constitute a quorum for the transaction of business. The Board shall select a chairman and other officers and shall prescribe their duties and powers. Planning and Zoning staff and a C4 ^ er-ney shall attend all meetings, acting in an advisory capacity and participating fully in Board discussions, but having no right to vote. The Board shall keep minutes of it proceedings, record the vote on each question and keep records of its discussions, recommendations and other official actions. Summary minutes will be prepared and made available to the public after adoption by the Board. D. Removal. Any member of the Board may be removed pursuant to the procedures outlined in the City Code of Ordinances. E. Powers and Duties of the Board. The Board shall have the following powers and duties within the incorporated city limits of Boynton Beach, Florida 1. To recommend to the City Commission the following: a. Nomination of Properties and Districts to the National Register of Historic Places, as a required duty of being a Certified Local Government. b. Nominations of Properties and Districts to the Boynton Beach Register of Historic Places. C. Adoption, modification, or replacement of a Design Guidelines Handbook. 2. To hold public hearings and to approve or deny applications for Certificates of Appropriateness or Certificates of Economic Hardship affecting proposed or designated Properties or Properties within Districts; 3. To advise and assist owners of Properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National Register of Historic Places; 4. To call upon available City staff members as well as other experts for assistance and /or technical advice; 5. To authoiize a member of the Board testify before i4a boards- i ft - dor .. commissions on any matter affecting historically, culturally archaeologically, and architecturally significant Properties and Resources 6. To confer recognition upon the owners of Properties and Districts by means of certificates, plaques or markers; 722 of 757 7. To recommend amendments or changes to this ordinance; ro To inform and educate the citizens of the City concerning the historic, cultural archaeological, and architectural heritage of the City; ro To participate in survey and planning activities of the Certified Local Government, fro To coordinate with the State of Florida's Division of Historical Resources ® Certified Local Government program by satisfying the following requirements: a. The State Historic Preservation Officer shall be given thirty (30) calendar days prior notice of all meetings and within thirty (30) days following such meetings shall be provided with the minutes and record of attendance of the Historic Resources Preservation Board and the bublic. b. The State Historic Preservation Officer shall be notified of any change of Historic Resources Preservation Board members within thirty (30) days of their appointment. C. Notify the State Historic Preservation Officer immediately of all new historic designations or alterations to existing designations. d. Submit amendments to the ordinance to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption. e. Submit an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information: (1) A copy of the Rules of Procedure; (2) A copy of the Historic Preservation Ordinance; Resumes of the Historic Resources Preservation Board members; (4) Changes to the Historic Resources Preservation Board membership; (5) New local designations and National Register listings; (6) A review of survey and inventory activity with a description of the system used; (8) A program report on each grant- assisted activity; and Number of projects reviewed. 723 of 757 1 L To undertake any other actions or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this ordinance. Section 4. Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements, Section 6, of the Land Development Regulations is hereby amended by adding the words and figures in underlined type, as follows: Section 6. Historic Preservation Requirements. A. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City's health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: 1. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City's historical, cultural, social, economical, political, archaeological, and architectural identity; and/ or serve as visible reminders of the City's culture and heritage; 2. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; 3. Strengthen civic pride and cultural stability through neighborhood conservation; 4. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; 5. Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 6. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; 7. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions within the city's historic districts and neighborhoods; 8. Protect and enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; 724 of 757 9. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; 10. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; 11. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City's Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. B. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. C. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District, at least 50% of the Buildings shall normally be at least fifty years old. a n d Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history; b. Association with the lives of persons significant in the City's past; C. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; er- d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not 725 of 757 be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance, or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event, or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life, or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events, or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master blan_ and when no other building or structure with the same association has survived, or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance, or g. A property achieving significance within the past 50 years if it is of exceptional importance. 3. Procedures. a. Eligible Applicants. Applications for historic designation may be initiated by only the following: (1) Historic Resources Preservation Board, herein referred to as "Board" (see Chapter 1, Article VII, Section 4). (2) City Commission. (3) A property owner for designation of a Site. (4) A simple majority of property owners within the proposed District under consideration for designation. Only the Board or the City Commission may initiate designation of a property or district owned by the City, County, State or by an entity created by state law. For District designations, each Property shall be allotted one vote. The identity of the property owners shall be determined by the most current Palm Beach County Property Tax Rolls. 726 of 757 b. Application Form. Nominations for historic designations shall be made only on application forms approved by the Board. C. Board Agenda. Following staff determination that an application for designation is complete; the application shall be scheduled for a public hearing by the Board. d. Board Public Hearing Notice. The Board shall advertise and hold a public hearing in accordance with the following public noticing requirements. co,.t;,,,, J 1 Fie-id c4.,t „Aos Notice of the time, place and subject matter of the hearing shall be mailed to the applicant and mailed to any owner of real property within 400 feet of the property or district subject to potential designation, at least -38 10 calendar days prior to the date set for the public hearing. For the proposed designation of an individual site, one (1) sign for each street frontage of the property shall be posted in a prominent location no less than 10 calendar days prior to the hearing. In the case of a proposed historic district, signs will be placed in prominent locations along public streets at the outer boundaries of the proposed district in such a manner as will assure that the signs will be seen by as many affected property owners as possible. Signs shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Minimum sign size shall be 24” wide by 18" ham— . e. No Action Permitted During Pendency. During the period that a designation application is pending, no changes to the property or district shall be made unless first approved by the Board. The application is considered "pending" until the final decision on the designation is made by the City Commission. L Board Recommendations. The Board shall make a recommendation as to the proposed designation at the public hearing, based on findings of fact which support the recommendation. The Board's recommendation shall be reduced to writing within 15 working days after the hearing date. If the Board votes to recommend approval, it will forward the application with recommendations to the City Commission. If the Board recommends denial, no further action is required unless an applicant, or not less than two - thirds of the affected property owners (in the case of a District), appeals to the City Commission. In such event the City Commission may reconsider designation or require the Board to do so. g. City Commission Decision. Following the Board hearing, a designation application with a Board recommendation for approval shall 727 of 757 be scheduled for hearing by the City Commission. The City Commission may approve or deny the designation application. Alternatively, the City Commission may approve the designation with conditions or delay designation for up to one (1) year. The City commission shall make written findings of fact on which its decision is based. h. Boynton Beach Register of Historic Places. A Resource designated by the City Commission as historic shall be listed in the Boynton Beach Register of Historic Places. The Register shall be updated periodically and the inventory material will be open to the public. Inventory materials shall be compatible with the Florida Master Site File and duplicates of all inventory materials will be provided to the State Historic Preservation Office. Resources listed in, or eligible for listing in the National Register or on the Boynton Beach Register of Historic Places, either as a Property or as a Contributing Property within a District, may be entitled to modified enforcement of the City's applicable building and zoning codes, if in accord with the Design Guidelines Handbook. i. Designation Recorded. The historic designation ordinance shall be recorded in the Official Records of Palm Beach County. Boundaries for historic districts and individual properties identified in the ordinance shall be clearly established. The designation shall be noted in the official records of the City's Planning & Zoning and Building Departments to ensure that all City actions taken in connection with the subject property or district are taken subject to the designation. j. Historic District Street Signs. For Districts, the City shall erect standardized street signs identifying the District within two (2) years from the date of such designation, subject to economic feasibility. The design shall be first approved by the Board. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board's recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity -owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or D istrict shall comply with and be regulated by all regulations contained in this ordinance. 728 of 757 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as -a part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects th prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs, ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy - five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. 729 of 757 b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the abblicant shall be notified of the board's action. C. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites The following Historic Sites have been established: a. National Register (1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994). D. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non- contributing Properties, within Districts. 1. Board Approval Required. a. Board Approval. Utilizing the Design Guidelines Handbook, the Board reviews applications for Certificates of Appropriateness for alterations, new construction, demolitions, relocations, and Certificates of Economic Hardship affecting proposed or designated Properties or Properties within Districts. b. Delegation of Review Authority. The Board may delegate to staff the authority to administratively review and grant a Certificate of Appropriateness without formal action by the Board. This delegation of review shall be depicted in a "Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix" (the "Matrix "). The Matrix will contain a list of design features, such as roofing materials, 730 of 757 window types, shutter types, etc. The Matrix will indicate whether such features may be administratively reviewed or if Board review is required. The Board shall approve or amend the "Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix" as needed. This delegation of review may also be returned to the Board at its discretion. In conducting its reviews, staff will utilize the Design Guidelines Handbook as one analytical tool in evaluating any applications. If staff does not grant administrative approval of an application, the application may be referred to the Board for review. Any applicant may request referral to the Board rather than administrative review. An application referred by staff or an applicant will be considered in accordance with the application review schedule contained in Section 2{4}b below. 2. Application Procedure, Fees and Review. a. Application and Fees. Requests for Certificates of Appropriateness shall be made only on application forms approved by the Board. Submittal of the application must be made with the appropriate site plans, drawings, photographs, descriptions, and other documentation needed to provide staff and the Board with a clear understanding of the proposed action. Application fees and other applicable charges shall be established by resolution adopted by the City Commission. b. Completeness Review and Board Agenda. Staff shall review all applications for Certificates of Appropriateness to determine whether an application is complete. If the application is incomplete, staff will notify the applicant of what additional information is necessary. An application will not be reviewed until staff determines that it is complete. All Certificate of Appropriateness applications eligible for administrative review will be reviewed in a timely manner and a written decision sent to the applicant. All Certificate of Appropriateness applications requiring Board review will be scheduled for hearing by the Board at the first available meeting approximately six weeks after receipt of the completed application. The meeting shall be publicly announced and will have a previously advertised agenda. The Board may suspend action on the application for a period not to exceed thirty days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. 1sletie° of time „1 a°° and subje,.t ma #er- 440 !`4 ,,.,* 1°s's oh —a 10 d b44 --4- me -414 A Sign stating 44at appliea+ien will be eensider-ed by the Bear-d shall be pested by „li t at to p -„ r°, y no t less •1t,a 10 days >,° &,,, -° ot,° ... C. Secretary of the Interior's Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior's Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: 731 of 757 (1) A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site and environment. (2) The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. (3) Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a hister-ie property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. (7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. (8) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 732 of 757 d. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: (1) New Construction and Alterations. Tke. design tee,, tt,o c,, ,,, , a; , . 9„;i,aj A' 14e4fl- �t,o �.,,;i a; , . is �;i; ,o a o h-- e g •term. belo l l b i� ,a irs-- i=rcirrcccriirTCe�- c�- cnrvcr h z , mr e� ccrcv All new construction and Alterations to existing buildinus within a designated historic district or on an individually designated property shall be visually compatible, ��n tyi iPlinc. (a) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible eensistent with that of the existing buildings in the Historic District . The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (b) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to w4h the height of the existing contributing buildings in the Historic District. Q,,,-,-.,,,v,. ing Buildings. (c) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Q,, .,,,v,. ing Buildings Traditional or contemporary design standards and elements should relate to the existing styles. Q,, .,,,v,. ing Buildings. (d) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (e) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with existing 733 of 757 contributing buildings within the Historic District the (f) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (g) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (h) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a new Building should be compatible with the roof shape of existing contributing buildings within the oh-e A--f- *-he Bttildings in the Historic District. The roof shape shall be consistent with the architectural style of the Building. (i) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. (2) Additions. All add4i nsr .o l imoi c stru °lures or structures within a Historic District shall tnee t it llowiri g riPlirrc. (a) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (b) Minimize the loss of historic materials from the historic structure and protect character - defining features. (c) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (d) Differentiate the addition from the historic structure. (e) if permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. 734 of 757 (f) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (g) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (h) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. (3) Demolition. All dernolitions of historic structures or s tructur es within a Historic District hall con "IDIv with the L i 1 >: (a) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. If an application for a Certificate of Appropriateness for Demolition is approved, the owner shall, at his /her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: 735 of 757 (i) The Resource contributes significantly to the historic character of a designated Property or District. (ii) The Resource is listed on the National Register. (iii) The Resource is one of the last remaining examples of its kind in the neighborhood or City. (iv) The Resource is capable of being repaired and reused in a practical and feasible manner. (v) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. (vi) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (vii) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (b) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (c) Salvage and Preservation of Specific Features Tthe Board may require the Property owner eipense--, to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. 736 of 757 (d) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. (4) Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: (a) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (b) There are no definite plans for the area to be vacated. (c) There are definite plans for the area to be vacated that may adversely affect the character of the District. (d) The Resource cannot be moved without significant damage to its physical integrity. (e) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (f) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Decisions. Decisions regarding application for Certificates of Appropriateness shall be based on the application, the application's compliance with this Ordinance, and the evidence and testimony presented in connection with the application. In reviewing an application, staff and the Board shall be aware of the importance of finding a way to meet the current needs of the property owner. The Staff and the Board shall also recognize the importance of recommending approval of plans that will be reasonable for the property owner to carry out. Any conditions or requirements imposed shall be 737 of 757 reasonably related to the Certificate of Appropriateness sought by the applicant. f. Notice of Decision on Application. Staff shall notify the applicant in writing of any decision on the application with five (5) working days from the date of the decision. g. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board's decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board's decision, a new Certificate of Appropriateness application for such change must be submitted for review. E. Certificate of Economic Hardship. Prior to taking an appeal of a decision to the Bear-d City Commission on an application for Certificate of Appropriateness, an applicant may file an application for a Certificate of Economic Hardship. 1. Application and Procedures. a. Application. A Certificate of Economic Hardship application must be submitted within 30 days of the date of the hearing at which the Board's decision on the application is announced. b. Board Agenda and Notice. The Board shall schedule a public hearing within 60 working days from the receipt of the application and shall provide notice of such hearing in the same manner as for the Certificate of Appropriateness application. C. Negotiations Prior to Certificate of Economic Hardship Hearing. During the period between receipt of the Certificate of Economic Hardship application and the Board's public hearing, the applicant shall discuss the proposed action with staff, other City officials and local preservation organizations to consider alternatives that will avoid an economic hardship and have the least adverse effect to the P roperty and /or the District. Staff may request information from various City departments and other agencies in order to negotiate an alternative resolution that is in the best interest of the applicant and the City. If negotiations are successful, staff shall make written recommendations to the Board regarding such alternatives. d. Determination of Economic Hardship. The applicant has the burden of proving by competent substantial evidence that the Board's decision regarding the Certificate of Appropriateness application has caused or will cause an unreasonable economic hardship. To determine economic hardship, the Board may request the following: (1) Proposed construction, alteration, demolition and removal costs; 738 of 757 (2) structural and condition reports from a licensed professional with experience in assessing historic buildings, (3) estimates as to the economic feasibility of rehabilitation or reuse, (4) the purchase price of the property, recent appraisals, assessments. and real estate taxes: (5) details of any income obtained from the property and cash flows; (6) the status of any leases or rentals, and, (7) all other information considered necessary by the Board to determine whether the property does or may yield a reasonable return to the owner. The effect of denial of the application for Certificate of Economic Hardship is that the decision regarding the Certificate of Appropriateness is upheld. If the application for Certificate of Economic Hardship is granted, the Board may issue the Certificate of Economic Hardship without conditions. Alternatively, the Board may issue the Certificate with conditions that will avoid the economic hardship and have the least adverse effect to the Property and the District. Such conditions may include, but are not limited to: ad valorem tax relief, loans or grants, requiring the owner to market and offer the Property for sale for a fair market price with appropriate preservation protections for a period of time not to exceed six (6) months, acquisition by a third party for a fair market value, Building and Zoning Code modifications, relaxation of the provisions of this ordinance, recommendation by the City Manager some or all of the applicable Board fees be waived, or such other relief as appropriate. F. Appeal of Certificate of Appropriateness and Certificate of Economic Hardship Decisions. Any applicant may appeal a decision of the Board to the City Commission regarding an application for Certificate of Appropriateness and /or an application for Certificate of Economic Hardship. The applicant shall file a written notice of the appeal with staff within 30 days of the date of the hearing at which the Board's decision on the application is announced. The City Commission shall place the matter on the Commission's agenda within 45 working days from the date of the written notice of appeal. The meeting at which the appeal is placed on the agenda shall be no later than 60 working days from the date of the written notice of appeal. Consideration of the appeal by the City Commission shall be de novo review. The City Commission shall be required to apply the applicable standards and criteria set forth in this ordinance. 739 of 757 A decision of the City Commission may be appealed to a court of competent jurisdiction within thirty (30) days after the hearing at which the decision is announced. G. Enforcement and Penalties. The City or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. H. Miscellaneous. 1. Historic Preservation Property Tax Exemption Program. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95 -41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to Pr-epei4ies listed in qualifying properties Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior's Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a ten (10) year period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 1A. Tax Exemption for Historic Properties a. Definitions. (1) Alteration. Any construction or change of the exterior of a building, site, or structure designated as a site or site within a district. For buildings, sites, or structures, alteration shall include, but is not limited to the changing of roofing or siding materials; changing, eliminating, or adding doors, moldings, fretwork, door frames, windows, window frames, shutters, fences, railings, porches, balconies, signs, or other ornamentation; regrading; fill; imploding or other use of dynamite. Alteration shall not include ordinary repair or maintenance, or changing of paint color. (2) Noncontributing Property. A building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because 1) it was not present during the period of 740 of 757 significance; 2) due to alterations, disturbances, additions, or other changes, it no longer possess historic integrity reflecting its character at that time or is incapable of yielding important information about the period; or 3) it does not independently meet the National Register of Historic Places criteria for evaluation. (3) Notice. To an Interested Party, notice shall be by U.S. Mail and deemed given as of the date of mailing. For all other persons, notice shall be by publication. b. Tax Exemption for Historic Properties. (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100 %) of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (c) Personal property. C. Qualifying Properties and Improvements. (1) The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (a) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (b) Is a contributing property to a national register - listed district; or (c) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (d) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or (1)(c) above. 741 of 757 The exemption does not apply to improvements made to non - contributing principal buildings or non - contributing accessory structures. (2) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (a) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended, (b) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended, and (c) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. d. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100 %) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty -five percent (65 %) of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being "regularly and frequently open" for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. e. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two -part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A -38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/ Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 742 of 757 f. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. g. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. (1) Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. (2) If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. h. Appeals to the Historic Resources Preservation Board. (1) Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file an appeal of the denial to the Board. The appeal shall be filed on a form prepared by the City and processed in accordance with the public meeting and notification procedures required of the City's quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting properties. (2) If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. i. Issuance of Other Permits or Approval. If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. 743 of 757 No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. j. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. k. Final Application and Request for Review of Completed Work. (1) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application /Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. (2) If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. (3) If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. 1. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of a Final Application /Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the 744 of 757 Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. m. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. n. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and 3) the resolution of the City Commission approving the Final Application and authorizing the tax exemption. o. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. P. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: (1) Revocation Proceedings. (a) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors 745 of 757 in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (b) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; (c) The City Commission shall review the recommendation of the Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County; (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and (2) Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. q. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application /Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. 2. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, 746 of 757 be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants -In -Aid program. 3. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Where reasonably feasible, within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property affecting a Historic Property or a Property within a Historic District, and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and the Historic Resources Preservation Board will promptly be notified of the action being taken. 4. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and satisfactorily demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11 -4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11- 4.1.7(3) may be utilized). 5. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten 747 of 757 the historic significance of the Resource. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (HRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 6. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment, etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment, as well as skylights, shall be located on a non - character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. L Standards for Archaeological Work; Discovery of Archaeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts) within the municipal bounds. 2. Archaeological Work. Archaeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archaeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and the United States Department of the Interior, or their successor agencies. 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense of the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. 748 of 757 Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 6. 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 7. Authority is hereby given to codify this Ordinance and to conform the numbering and lettering sequence to the recently adopted Land Development Regulations. Section 8. This Ordinance shall become effective immediately. FIRST READING this day of , 2012. SECOND, FINAL READING AND PASSAGE this day of , 2012. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Mayor — Woodrow L. Hay Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross 749 of 757 13. D LEGAL April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENTAGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 12 -009 - FIRST READING -Approve Ordinance amending sale of City owned real property. EXPLANATION OF REQUEST: Recent attempts by the City to sell real property have been unsuccessful. The City Administration and City Attorney's office have undertaken a review of the current code provisions regarding sale of real property and have determined that greater flexibility can be added to the process without jeopardizing the integrity of the method by which the City disposes of real property it owns but no longer needs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The sale of real property will be expedited and alternative means of sale can be used which may result in a greater financial return to the City when property is sold. FISCAL IMPACT: The proposed Ordinance is procedural and the adoption of the Ordinance has no fiscal impact. ALTERNATIVES: Take no action and maintain the current procedures for selling real property without change. 750 of 757 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2 -56, AMENDING PROVISIONS FOR THE SALE OF CITY OWNED REAL PROPERTY EXCLUDING PROPERTY ACQUIRED BY THE CITY FOR REDEVELOPMENT PURPOSES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Florida law allows municipalities, pursuant to their home rule powers, to establish procedures for the sale of real property; and WHEREAS, the City Commission has determined that the current procedures for the sale of real property as set forth in Code Section 2 -56 do not provide sufficient flexibility and therefore operate the inhibit the sale of real property to the detriment of the City; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2 -56. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. Chapter 2. "Administration ", Article IV, "Purchasing and Consultants ", Section 2 -56 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck - through type, as follows: Sec. 2 -56. Purchasing agent, selection, duties; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2 -56.1, all purchases or sales of personal property, commodities and services involving amounts in excess of twenty -five thousand dollars ($25,000.00), or construction involving amounts of seventy -five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. C Real ro er � "ti t, 7a � sg av b sod in the - - -- s srt� -- n s -- - - -- a�� s s �s � a� g A the � t Mak1_ a, t %. P P ty ,........ ....... - -- - - - .. -- - -- - W . dete-- ig d b y fig,% _Cit C d, to g,� in � °ic...be ig s te- �,:'. tl �.�ity,._With regard to the sale of any real estate owned by the city .i - f -eo ,; 1 1 i' c, g g as i ' S mt )h d sc ', h ¢�; �;��,�,�,� h�� S (2( 000,00 751 of 757 as detei-nined bv tlle -nosy i 1,ahiatioi oijk%- I)a1m B%-acb Co nits o such sale shall be ---------------------------------------------------------------------------------- conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four -fifths (4/5) of the city commission. ------------------ 44- ------ 9VAa F ------------------ 2 ----------- & R 1 i si 0 on 16 sal e of mal ) ' I Ot I to I ' 11 1 1 "OL" "On ), 0 (' _"re 11 f n i-gpm j I lo-ated wit'h' 1 - ( SO I hin m - — -- --------------------------------- ti uni' ent area i 1 the pr was aca h a _c - t y, � 12rn,rn t y r ed e -- b - - or the ug�� ............. )L ............ . 1 ------------- 1Ltlj_ o ment, ----- -------- --- ---------- Section 3. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this day of 1 2012. SECOND, FINAL READING AND PASSAGE this day of _, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor - Woodrow L. Hay 752 of 757 Vice Mayor — William Orlove Commissioner — Mack McCray Commissioner — Steven Holzman Commissioner — Marlene Ross ATTEST: Janet M. Prainito, MMC, City Clerk (CORPORATE SEAL) 753 of 757 14. A FUTURE AGENDA ITEMS April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 3, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discussion of City Manager Search interviews and rankings - 5/1/12. EXPLANATION OF REQUEST: Discussion of interview rankings and next steps. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 754 of 757 14. B FUTURE AGENDA ITEMS April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Update to City Commission on Nuisance Abatement Program - 5/1/12 EXPLANATION OF REQUEST: Staff will provide a six month status report on the work that has been completed related to our Nuisance Abatement program. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 755 of 757 14. C FUTURE AGENDA ITEMS April 17, 2012 CITY OF BOYNTON BEACH BI- AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Notice of Intent/Moratorium - Presentation of staff analysis and proposed amendments to zoning regulations. EXPLANATION OF REQUEST: As a result of the NOI /Moratorium — staff conducted it's study and will present some recommended amendments to the zoning code. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 756 of 757 14. D FUTURE AGENDA ITEMS April 17, 2012 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 17, 2012 NATURE OF AGENDA ITEM ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT E] ANNOUNCEMENTS /PRESENTATIONS El UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ 1 NEW BUSINESS ❑ CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ® FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Update on In -house Medical Clinic- 5/15/12 EXPLANATION OF REQUEST: Review research and feasibility of bringing into the city an In -house Medical Clinic. Staff has identified several options and will be meeting with CIGNA the end of March to review programs and costs to bring back for Commission consideration. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 757 of 757