Agenda 07-16-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
WEDNESDAY, JULY 16, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Joe Casello
Vice Mayor – District IV
David T. Merker
Commissioner – District I
Mack McCray
Commissioner – District II
Michael M. Fitzpatrick
Commissioner – District Ill
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
America’s Gateway to the Gulfstream
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).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Welcome visiting delegation members from the City's Sister City of Les Cayes,
Haiti.
B. Budget Workshop dates/times for FY 14/15 Operating and Capital Budget -
Monday – 7/21/14 beginning at 2:00 p.m.; Tuesday – 7/22/14 beginning at
10:00 a.m.; Wednesday – 7/23/14 beginning at 2:00 p.m. (if needed) in City
Library Program Room
C. Announcement of Invitation to the City of Boynton Beach 1st Annual Flood
Awareness Workshop to be held at the Boynton Beach City Library, Library
Program Room on July 24, 2014 at 7:00 p.m. Doors open at 6:30 p.m.
D. Presentation by Matt Forrest of Ballard Partners, Inc., on the 2014 Legislative
Session for the State of Florida
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
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Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular and 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Veterans Advisory Commission: 1 alternate
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
PROPOSED RESOLUTION NO. R14-058
A. - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with GJARS Properties
LLC, for the property at 1221 Miner Road, Lantana, FL.
PROPOSED RESOLUTION NO. R14-059
B. - Approve Maintenance Agreement
with the Boynton Beach Athletic Association for certain maintenance of the
Little League ball fields located on City property commonly known as Little
League Park for a three (3) year term beginning October 1, 2014.
PROPOSED RESOLUTION NO. R14-060
C. - Approve an amendment to the
City's State Housing Initiatives Partnership (SHIP) Program Local Housing
Assistance Plan (LHAP) for increasing the amount of subsidy for First Time
Homebuyers and reducing the term of the City's mortgage.
PROPOSED RESOLUTION NO. R14-061
D. - Approve an amendment to the
City's current Community Development Block Grant (CDBG) One Year Action
Plan to decrease the Economic Development line item and to create a new line
item for purchase of playground equipment for Sara Sims Park.
E. Approve phase two of the City's Green Building Program Voluntary National
Green Building Standard for residential dwelling units, advancing Climate
Action Plan initiatives 4.5.2, Sustainable Construction and 4.5, Land Use and
Development.
F. Approve the minutes from the Regular City Commission meeting held on July
1, 2014
G. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the
procurement of services and/or commodities as described in the written report
for July 15, 2014 - "Request for Extensions and/or Piggybacks".
H. Accept the written report to the Commission for purchases over $10,000 for the
month of June 2014.
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I. Approve additional funding for the Schoolhouse Museum in the amount of
$40,000 for FY 13/14.
J. Approve a piggy-back of the Palm Beach County Term Contract No. 10072B
and 10072B-1 for "Playground and Park Equipment and Parts" from REP
Services of Lake Mary, Florida for the purchase of playground equipment for
the Sara Sims Park in the amount of $79,615.20.
7. BIDS AND PURCHASES OVER $100,000
A. Approve award for the "Annual Supply of Medical and Medication Supplies",
Bid No. 051-2210-14/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and
Nashville Medical & EMS Products, Inc. as the lowest, most responsive,
responsible bidders for a projected annual expenditure of $125,000.00. Items
will be ordered on an "As Needed" basis.
B. Approve a piggy-back of the State of Florida Contract No. 405-000-10-1 for the
purchase of gasoline and diesel fuel products for use in City vehicles and
equipment for various departments through June 30, 2016. Estimated annual
expenditures are $1,500,000.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve negotiated settlement in the amount of $45,000 in the case of Belinda
Lester vs. City of Boynton Beach.
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 request for Major Site Plan Modification to construct a one-story,
6,430 square foot restaurant building, including conversion of former Ball Park
Café space (9,000 square feet) to ancillary hotel space, and related site
improvements. Applicant: Bradley Miller, Miller Land Planning, Inc.
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
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13. LEGAL
A. Pursuant to Section 286.011(8), Florida Statutes, a private attorney-client
session of the City Commission is requested for August 19, 2014 to discuss
pending litigation in the following case:
YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant
Case No. 502013CA012688XXXXMB (slip & fall)
14. FUTURE AGENDA ITEMS
A. Resolution adopting the 2014 CDBG One-Year Action Plan - August 5, 2014
B. Discuss impact of pending legislation legalizing restricted use of medical
marijuana. TBD
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE
PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND
ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA
ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS
PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Welcome visiting delegation members from the
EQUESTED CTION BY ITY OMMISSION
City's Sister City of Les Cayes, Haiti.
ER:
This week, a delegation representing our Sister City of Les
XPLANATION OF EQUEST
Cayes, Haiti, will be visiting Boynton Beach and touring various City Departments.
Mrs. Karine Conde Emeran, Regional Director Department of the South, Ministry
of Tourism
Mr. Serge Chery, Delegate, Department of the South, Cayes
Mr. Ardouin Zephirin, Consultant for the South Delegation " Fire Rescue" Delegate,
Department of the North Cap-Haitien
Monsieur Ruthlande Anglade, Regional Director of Department of the South Ministry of
Interior and Territorial Collectivities
Mr. Bruce Myrtil, Commissioner/Departmental Director DDS A.I. (Chief of the Police)
Patrick Conde, Agronomist/ Private Sector Cayes
The Cousul from Miami (tentative)
Departments in Haiti are comparable to our states and delegates are equivalent to our
governors.
In addition, in the audience tonight, with the delegation, are several board members of the
Greater Boynton Beach Sister Cities that should also be introduced.
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In honor of the visiting delegation, the Greater Boynton Beach Sister Cities is hosting a
Cocktail Reception on Thursday, July 17, 2014, from 5:30 p.m. to 7:30 p.m., at the
Intracoastal Park Clubhouse. The organization is inviting the public to attend. Tickets may be
purchased online at www.boyntonsistercities.org for a $25 donation or at the door for a $30
donation per person. For more information, contact info@BoyntonBeachSisterCities.org.
FI:
N/A
ISCAL MPACT
A:
Do not welcome members.
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Budget Workshop dates/times for FY 14/15
EQUESTED CTION BY ITY OMMISSION
Operating and Capital Budget - Monday – 7/21/14 beginning at 2:00 p.m.; Tuesday – 7/22/14
beginning at 10:00 a.m.; Wednesday – 7/23/14 beginning at 2:00 p.m. (if needed) in City Library
Program Room
ER:
Staff has scheduled the FY 14/15 Budget Workshops to
XPLANATION OF EQUEST
take place Monday through Wednesday, July 21 – 23, 2014. They will take place in the
City’s Library Program Room :
Monday – 7/21/14 Beginning at 2:00 p.m.
Tuesday – 7/22/14 Beginning at 10:00 a.m.
Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed)
The Workshops will be advertised as Special Meetings per Sunshine Law. This will
allow the Commission to adopt a Tentative Millage Rate for FY 2014/15 as well as the
Preliminary Fire Assessment Rate Resolution.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ATURE F
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AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Announcement of Invitation to the City of Boynton
EQUESTED CTION BY ITY OMMISSION
st
Beach 1 Annual Flood Awareness Workshop to be held at the Boynton Beach City Library,
Library Program Room on July 24, 2014 at 7:00 p.m. Doors open at 6:30 p.m.
ER:
The City of Boynton Beach invites all Homeowner’s,
XPLANATION OF EQUEST
Neighborhood and Condo Association’s Board Members, Property Managers and City
st
of Boynton Beach residents to attend the 1 Annual Flood Awareness Workshop hosted
by the City of Boynton Beach Utilities Department, in partnership with the South Florida
Water Management District and Lake Worth Drainage District. “Know the Flow” of
Flood Waters and learn the basics for protecting your home and community from
flooding due to hurricanes, tropical storms and heavy rains.
H?
This workshop is the first in a year-
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
long series of public meetings to inform and educate the public on topics such as
flooding and drought management and preparedness, neighborhood utility improvement
projects and FEMA Flood Zone Mapping.
FI:
N/A
ISCAL MPACT
A:
Do not allow announcement
LTERNATIVES
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3. D
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Presentation by Matt Forrest of Ballard Partners,
EQUESTED CTION BY ITY OMMISSION
Inc., on the 2014 Legislative Session for the State of Florida
ER:
At the City Commission meeting of October 1, 2013, the
XPLANATION OF EQUEST
Commission approved entering into an agreement for Lobbyist Services with Ballard
Partners, Inc. The City Commission provided a list of legislative priorities to be
addressed in Tallahassee during the 2014 Legislative Session. Ballard Partners, Inc. is
providing a written report and presentation summarizing pertinent legislation, budgetary
concerns and funding opportunities.
H?
To be determined.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None at this time.
ISCAL MPACT
A:
Not accept report.
LTERNATIVES
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May 14, 2014
To: Carisse LeJeune
From: Joe McCann
Re: 2014 Legislative Session
Lori/Carisse: This report will provide a summary of three areas. First on the legislative
side, these are the bills we engaged on either for or against. Most were bills that would
have had a negative impact on Boynton Beach. Some were extremely problematic
(anti-red light cameras) and others were cost shifts or decreases in funding
(communications services taxes and SHIP funding).
Secondly, on the budget side we were able to identify funding opportunities through new
programs offered in this year’s session and lastly, a quick breakdown of the available
grant resources through existing programs that we should identify and complete quickly.
The Florida Department of Law Enforcement (FDLE) continues to be engaged in
assisting the City in obtaining financial assistance as well as other partnership
opportunities regarding our law enforcement complex. Let me know if it is necessary to
follow up on our earlier meeting.
Legislation
Numerous bills this year would have impacted much needed revenue sources for the
City of Boynton Beach or (on the plus side) would have helped the City in our primary
goal of economic development.
Communications Services Taxes: Failed—City Opposed.
Reducing the tax rate applied to the sale of communications services; reducing the tax
rate applied to the retail sale of direct-to-home satellite services; conforming rates to the
reduction of the communications services tax; revising the distribution of tax revenues
received, etc. Effective Date: Upon becoming a law. On 05/02/2014 this bill died in
Senate Appropriations.
Red Light Camera’s: Failed—City Opposed,
Despite several bills and numerous attempts no changes were made to red light camera
laws this year.
Tax Incentives and Economic Development: City Support.
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This bill dealt with the ability to adjust the local business tax rates. The authorization of
a statewide sales tax holiday on school supplies, hurricane preparedness supplies,
youth bike helmets, medicinal pet food, energy efficient products and college meal
plans. It also allowed for a Public Education Capital Outlaw (PECO) tax swap, which
increases the tax rate on commercial electricity whilst reducing the sales tax rate.
Finally, the bill adds language that holds “local governments harmless from this PECO
tax swap.” HB 5601 has a $105 million fiscal impact to the state and will cost local
governments $13.5 million in nonrecurring and $16.5 million in recurring revenue.
Vacation Rentals: City Support.
This bill allows municipalities to regulate vacation rentals with the following exceptions:
We cannot specifically prohibit vacation rentals to regulate the duration that a rental can
be rented. We are authorized to adopt ordinances for vacation rentals to address
parking, noise and other issues often associated with these properties.
Emergency Communication—E911 Fee
The E911 fee is now to be collected from prepaid phones. This fee funds the cost to
install and operate 911 emergency systems. The fee is reduced from $.50 to $.40 per
month; however, the rate is open to change in the future.
Affordable Housing: City Support.
The stamp tax paid on all real estate transactions is used to fund a local housing trust,
which is in partnership with and the primary source of funding for the State Housing
Initiative Partnership (SHIP) and the State Apartment Incentive Loan (SAIL). For 2014-
2015, 100 million has been approved for SHIP and 67.7 million for SAIL.
Small City Community Development Block Grants: City Support.
Maintains current funding categories and ensures grants primarily benefit low and
moderate-income families. It was drafted in cooperation with the Department of
Economic Opportunity. Additionally, the bill increases accountability as it revises the
current loan programs. The loan programs would include the Rural Community
Development Revolving Loan Program, Economic Gardening Business Loan Pilot
Program and the Black Businesses Loan Program.
Municipal Governing Body Meetings
Allows for one governing body of one municipality to hold joint meetings with the
governing body of the county in which the municipality is located.
Transportation- Department of Highway Safety and Motor Vehicles
Authorizes local governments to establish regulations requiring gas stations to provide
fueling assistance to drivers with disabilities. The bill also restricts bus drivers from
loading or unloading in a manner that disrupts the general flow of traffic in the main
traveled portion of the road.
Homelessness
Provides 4 million for homelessness issues, specifically the money will be used by the
Department of Children and Families to provide technical training and support.
Nicotine Dispensing Devices
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Extends the definition of “nicotine dispensing devices” to cover electronic cigarettes,
cigars and vaporizers. The bill makes it a non-criminal offence for those under 18 to
possess electronic cigarettes, cigars and vaporizers.
Tax On Sales, Use & Other Transactions
Provided for the incremental reduction of taxes imposed on rental or license fees
charged for use of commercial real property and provided for future repeal of tax. The
bill died in its first committee reference, Commerce and Tourism on 05/02/2014.
Relating to Growth Management/Development Exactions
Prohibited local governments from imposing or requiring certain exactions on or against
private property. This bill died in House Local & Federal Affairs Committee on
05/02/2014.
Sober Homes
Disappointingly, the Sober Home legislation did not pass this year despite nearly (1 no
vote) unanimous passage through the House of Representatives and all but one Senate
Committee. Huge progress was made and the necessity for the passage of this
legislation will be a major priority next year.
New funding opportunities
:
Challenge Grants awarded by the Office on Homelessness within DCF. Funds of
varying levels, up to $500,000 could be awarded to the applying lead agency
provided they meet the application, implementation and documentation
standards. (HB 979) Line 2247 GAA, $3,800,000 total
The Emergency Solutions Grant (ESG) program was established to help improve
the quality and quantity of emergency shelters for homeless persons, to help
cover the costs of operating emergency shelters, and to fund essential supportive
services to homeless individuals so they may have access to safe and sanitary
shelter and the services and assistance they need to improve their situations.
Funds are available annually and are awarded by the Department of Children
and Families through a grant application process. Non-profit agencies and
government entities are eligible to apply. Line 382 GAA, $6,227,493.
The Department of Transportation will create a grant program to provide funding
of up to 50 percent of the nonfederal and nonprivate share of the total costs of
any qualifying quiet zone capital improvement project - Local agencies may apply
for grant funds after its quiet zone plan is approved by the department. Line
1890 GAA, $10,000,000 total.
Existing funding opportunities
:
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Beach Management Funding Assistance (BMFA) Program
Eligible activities include beach restoration and nourishment activities, project design
and engineering studies, environmental studies and monitoring, inlet management
planning, inlet sand transfer, dune restoration and protection activities, and other
beach erosion prevention related activities consistent with the adopted Strategic
Beach Management Plan. This has resulted in the restoration and subsequent
maintenance of over 226.7 miles, or nearly 57%, of the state’s critically eroded
beaches.
Inlet Projects: Beach Management Program Funding Assistance Information
The Florida Department of Environmental Protection, Division of Water Resource
Management will be accepting funding requests from Florida Local Governments for
Note that
the FY2015-2016 Beach Management Funding Assistance Program soon.
beach and inlet projects will require separate applications, as the Department
anticipates the adoption of the updated program rule 62B-36, Florida
Administrative Code, prior to the application deadline.
Water Projects: F
inancial assistance for wastewater, stormwater, drinking water, or
surface water improvement projects.
Loans at significantly discounted interest rates are available to fund both construction
and pre-construction (planning, design) activities. The SRF is by far DEP's largest
funding program and makes $200-300 million or more available, primarily to local
governments, each year.
Federal section 319(h) grants
for stormwater retrofit projects and best management
practices in priority watersheds. Local matching funds or in-kind contributions are
required. Approximately $7-8 million is available each year depending on federal
appropriations.
Total Maximum Daily Load (TMDL) funding
primarily for stormwater retrofit projects,
is targeted to surface waters that have been identified as "impaired" (not meeting water
quality standards) through DEP's TMDL program. The amount of financial assistance
each year varies depending on legislative appropriations and may not be available
every year.
Department of State Projects:
Cultural Facilities:
The purpose of the Cultural Facilities Program is to coordinate and
guide the State of Florida's support and funding of renovation, construction, or
acquisition of cultural facilities.
Historic Preservation (Special Category & Small Matching)
The Historic Preservation Grants Program allocates state funds appropriated by the
Legislature and federal funds apportioned to the state by the U. S. Department of the
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Interior, National Park Service, for the preservation and protection of the state's historic
and archaeological sites and properties. The program is administered by the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State.
Two types of grants are awarded through this program: Small Matching Grants and
Special Category Grants.
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City of Boynton Beach City Commission
2014 Legislative Priorities
Unfunded Mandates
: Oppose any unfunded mandates imposed on local governments
through the legislative or budget process.
Communications Services and Local Business Tax Protection
Support legislation that protects the general revenues collected from the communication
services tax and the local business tax which are used to provide services that our
citizens want and need including public infrastructure, public safety services and public
transportation infrastructure.
Sober Homes
Support legislation that defines and establishes statewide minimum regulatory
standards for properties used for sober home facilities and allows for more stringent
local regulations of these. Legislation has been filed that will regulate, license or require
certification of Sober Homes. We believe that appropriate oversight by the state is
necessary to ensure that safe living environments are ensured for residents.
Pension Reform
Support legislation that affirms the home rule powers of municipalities to establish and
fund municipal employee benefit levels and provides comprehensive pension reform
that will ensure our employee pensions remains sustainable and available to all
employees.
Economic Development
Support a full range of legislation that will help provide jobs, continue and strengthen
incentives for target industries, support for small and home based businesses, and
general business investment.
Extension of Enterprise Zones
Support legislation that will allow for the continuation of Enterprise Zones to provide
economic growth, access to capital, technical assistance, urban infill and job creation.
Government-Owned Utilities
Monitor and oppose any legislation that will remove home rule authority for
municipalities providing water and sewer services outside municipal boundaries.
Water
Monitor legislation relating to water, water quality, stormwater and centralized sewer
systems to ensure that the state or special districts do not impose unfunded mandates
on local government utilities and to oppose schools & other educational institutions
exemption from stormwater fees.
Transportation:
Monitor and support legislation that preserves local control of transportation planning
and provides opportunities for additional revenue options to fund municipal
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transportation infrastructure projects including non-motorized transportation corridors
and local transit connectivity to existing and proposed regional transit systems.
Commuter Rail
:
Monitor and support legislative and budget opportunities related to FEC commuter rail
station for downtown Boynton Beach and budgetary opportunities to offset infrastructure
costs and continue efforts to work with the State and company representatives to
endure funding is provided for safety measures and quiet zones at all railroad crossings.
CRA/Downtown Redevelopment & Transit Oriented Development (TOD’s)
Support and monitor legislation that will strengthen and support the planning and
implementation of transit-oriented developments (TOD’s) on a local and/or regional
scale.
Eco-tourism and Marine Industry Incentives
Support legislation that will assist in protecting our beaches and supporting the marine
industry. These include bills to create new, and enhance existing programs related to
working marina’s, increased funding for kayak/canoe launches and water taxi’s as well
as access to local waterways.
Greenways & Trails
Support legislation that encourages and funds Greenways & Trails. This includes safe
bikeways & pedestrian ways, connectivity with regional plans as well as other non-
motorized transportation incentives.
Cultural Tourism
Support legislation that identifies the importance of cultural tourism as an economic
driver for local governments and provides funding opportunities for the creation and
continuation of public art, galleries, libraries, events and festivals.
Historic Preservation
Support legislation that recognizes the importance of local and regional historic
preservation and creates funding opportunities for programming and infrastructure
projects that support historic preservation and provides grant funding. Actively seek
funding opportunities for the preservation and rehabilitation of the city’s Old High
School.
Public Safety
Support legislation that creates funding opportunities for replacing or building needed
public infrastructure for the safety and welfare of the citizens and employees of the City
of Boynton Beach. Actively seek funding opportunities for a new Police Facility and City
Hall.
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5. A
ADMINISTRATIVE
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular and 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Veterans Advisory Commission: 1 alternate
.
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
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.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-058 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize signing of an Agreement for Water Service outside the City Limits with
GJARS Properties LLC, for the property at 1221 Miner Road, Lantana, FL.
ER:
Water service areas have been designated between the
XPLANATION OF EQUEST
County and local utilities. This was accomplished under agreement #85-757 and
revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach
County area outside of the City limits in our water service area on Miner Rd between N.
Seacrest Blvd. and N. Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
H?
The City is able to provide water to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the property resulting from water main improvements constructed by Palm Beach
County. The owner agrees to be responsible for all costs to provide service to the
owner’s premises. No additional construction is required by the City to serve this
property.
FI:
Customers outside the City limits pay an additional 25% surcharge
ISCAL MPACT
above the water rates charged to customers within the City.
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A:
Deny request to provide service. If service is denied the Consumptive
LTERNATIVES
Use Permit could be subject to modification. The Utility Department is granted water
allocation under the South Florida Water Management District Consumptive Use Permit.
The current permit has limiting restriction #19 that states “The Permittee shall notify the
District within 30 days of any change in service area boundary. If the Permittee will not
serve a new demand within the service area for which the annual allocation was
calculated, the annual allocation may then be subject to modification and reduction”.
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RESOLUTION NO. R14-058
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON
BEACH AND GJARS PROPERTIES LLC; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our
water and sewer service area, at 1221 Miner Road, Lantana, Florida (PCN: 00-43-45-09-08-000-
1510); and
WHEREAS
, the parcel covered by this agreement includes a multi-family home located
in unincorporated Palm Beach County portion of the City’s utility service area; and
WHEREAS
, the property historically receives water from a well and the owner now
requests that the City provide potable water in the future; and
WHEREAS
, no additional construction will be required by the City to serve this
property.
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 authorizes and directs the City Manager to
sign a Water Service Agreement between the City of Boynton Beach, Florida and GJARS
Properties LLC., a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of July, 2014.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Joe Casello
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. B
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-059 -
EQUESTED CTION BY ITY OMMISSION
Approve Maintenance Agreement with the Boynton Beach Athletic Association for certain
maintenance of the Little League ball fields located on City property commonly known as Little
League Park for a three (3) year term beginning October 1, 2014.
:O1,2014–S30,2017
TERM OF AGREEMENT CTOBER EPTEMBER
ER:
In 2011, the City and Boynton Beach Athletic Association
XPLANATION OF EQUEST
(BBAA) entered into a maintenance agreement for ball fields at Little League Park. This
agreement was created to allow the BBAA to maintain the fields at a level they deemed
appropriate for their athletic events. In exchange, the City agreed to compensate the
BBAA $20,000 annually for the three year term of the agreement. That agreement
expires on September 30, 2014 but allows for three (3) additional three (3) year terms.
This agreement has been beneficial to both parties. The BBAA now maintains the fields
to their desired levels and the City has been able to reassign maintenance staff to other
much needed activities in parks and city grounds. The annual stipend paid to the BBAA
is clearly more cost effective than providing the field maintenance with City staff. In fact,
the City estimates the annual savings to City operations to be around $30,000 on
average based upon use, weather conditions, etc.
Recently the City was requested by the BBAA to extend this agreement. This is not
unexpected. However, the BBAA did request that the City consider increasing the
annual stipend from $20,000 to $30,000. Staff has reviewed this request and finds that
funds will likely not be available for this purpose. Staff has, however, amended the
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agreement slightly to modify the terms included for payment of certain water,
wastewater and electric utilities. This will increase city utility expense slightly adding
between $5,000 and $10,000 to the annual grounds expense. Staff believes that with
good oversight these utility expenses can be reduced. The BBAA agrees with the
approach and therefore asks that the annual stipend of $20,000 be maintained.
Year 1 (FY14/15) $20,000
Year 2 (FY15/16) $20,000
Year 3 (FY16/17) $20,000
Staff recommends approval of the amended agreement.
Previous Years expenditure:
FY 13/14 $20,000
FY 12/13 $20,000
FY 11/12 $20,000
H?
This agreement allows staff
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
resources to be assigned to other maintenance endeavors.
FI:
Continued $20,000 expenditure in the Grounds Budget per fiscal year
ISCAL MPACT
for the next three (3) fiscal years. Fiscal impact can be viewed two ways. First, there is
a slight increase between $5,000 and $10,000 in the annual grounds budget.
A:
1) Not approve the maintenance agreement and maintain the Little
LTERNATIVES
League fields using in-house staff, or 2) Approve the maintenance agreement with
lesser stipend given the BBAA.
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RESOLUTION NO. R14-059
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND BOYNTON BEACH ATHLETIC
ASSOCIATION, INC. (BBAA), TO ALLOW BBAA FOR
CERTAIN MAINTENANCE OF THE LITTLE LEAGUE
BALL FIELDS FOR A THREE YEAR PERIOD BEGINNING
OCTOBER 1, 2014; AUTHORIZING THE CITY MANAGER
TO SIGN THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
in 2011 the City Commission approved a Maintenance Agreement for ball
fields at Little League Park; and
WHEREAS
, the Agreement was created to allow the Boynton Beach Athletic
Association (BBAA) to maintain the fields at a level they deemed appropriate for their athletic
events; and
WHEREAS,
that agreement, which expires September 30, 2014, has been beneficial to
both parties; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it in the best
interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
the Agreement with Boynton Beach Athletic Association, Inc., for the maintenance of the Little
League ball fields from October 1, 2014 through September 30, 2017.
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 hereby
approves and authorizes the City Manager to sign the Agreement between the City of Boynton
Beach and Boynton Beach Athletic Association, to allow BBAA to manage the ball fields and
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related amenities at Little League Park, 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 July, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT
THIS AGREEMENT
, made and entered into this _____ day of __________, 20___, by
and between the:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, organized and existing under the laws of the
State of Florida, hereinafter referred to as “CITY,”
and
BOYNTON BEACH ATHLETIC ASSOCIATION, INC., a
Florida not-for-profit corporation, hereinafter referred to as
“BBAA.”
WITNESSETH:
WHEREAS
, City is the owner of the real property known as Little League Park,
hereinafter referred to as “PARK”, situated in Palm Beach County in the City of Boynton Beach,
rdth
and bounded on two sides by S.W. 3 Street and S.W. 15 Avenue, respectively; and
WHEREAS,
Little League Park includes four lighted and fenced ballfields with score
boards and bleachers, pitching wall, three batting cages, storage shed, picnic pavilion with tables
and benches, concession stand building, restroom with storage area attached, clay and sand
storage bins, Casey walkway and a parking area; and
WHEREAS,
both parties desire that said PARK be utilized to the greatest capacity for
community use.
NOW,THEREFORE,
in consideration of the covenants herein contained and other good
and valuable considerations, the parties agree as follows:
Recitals.
1.0 The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Use of Little League Park.
2.0
2.1BBAA will have full control of the Park and amenities during times when
this Agreement remains in force.
2.2BBAA will have sole authority to approve and schedule use of the PARK
by other groups not related to Little League providing said groups meet
CITY permitting and insurance.
Maintenance.
3.0
BBAA Shall:
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3.1BBAA shall maintain the four ballfields from the fencing in. BBAA will
also maintain the common areas surrounding the batting cages within the
fenced area where the cages are situated. BBAA will maintain the
common areas between fields 2 and 3 along the asphalt walkway to the
end of the fencing on field 2 outfield, the Casey Walkway from the
beginning of the asphalt walkway to the entrance of the batting cages, the
area along the walkway between fields 1 and 4 from the beginning of the
left field fence to the end of the backstop on field 4.
3.2 BBAA will maintain the batting cage structure and storage shed.
3.3. BBAA will maintain the garden areas behind the backstops on field 1 & 4.
3.4 Maintenance shall include the mowing, weeding, fertilizing, watering, clay
and general repair of the fields.
3.5BBAA will maintain trash removal from the containers and cleaning and
maintaining the restrooms.
3.6 BBAA will maintain the concession stand on a day to day basis however
the CITY will be responsible for major structural repairs.
3.7 BBAA will have exclusive use of the storage area attached to the
restrooms.
3.8 BBAA will be responsible for placement and maintenance of tables and
benches in pavilion area only.
3.9BBAA will be responsible for bulb replacement on all fields.
3.10City will be responsible for all energy charges for ballfield lighting and the
concession stand any other electric charges incidental to BBAA
operations. City will assist with energy savings ideas and initiatives.
3.11BBAA shall maintain the Memorial Wall located at the rear of field 2.
3.12BBAA will be responsible for utility bills associated with potable water,
and wastewater for the concession stand, Utility Account Number 225489-
46164.
CITY shall:
3.11 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the irrigation system.
3.12 CITY will continue to maintain all other areas of the PARK.
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3.13 CITY will be accessible to answer questions and assist with maintenance
issues beyond the control of BBAA during normal CITY working hours.
3.14 CITY will provide access to all electrical boxes, rooms and other areas
necessary to properly monitor electrical needs or issues.
3.15 CITY will ensure that the parking areas are properly lighted during the term
of this agreement.
3.16 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the security system and
cameras.
3.17 CITY will be responsible for utility bills associated with potable water,
and wastewater for the public restrooms, Utility Account Number 225489-
22700.
3.18CITY will provide and pay for all costs associated with collection and
disposal of solid waste.
3.19CITY will be responsible for utility bills associated with reclaimed water,
Utility Account Number 138157-102706.
Insurance
4.
BBAA will provide the proper insurance approved by the CITY for all
approved baseball activities played at the Park. The policy shall include
comprehensive general liability insurance with minimum limits of $1,000,000 per
occurrence, combined single limit for bodily injury liability and property damage
liability, including premises and operations.
The policy shall be endorsed to contain the following provisions:
4.2.1. The City of Boynton Beach shall be named as an additional
insured. The coverage shall contain no limitations on the scope of
protection afforded the CITY, its officers, officials, employees or
volunteers.
4.2.2 A current valid insurance policy meeting the requirements
herein identified shall be maintained during the duration of this
Agreement, and shall be endorsed to state that coverage shall not
be suspended, voided or cancelled by either party, reduced in
coverage in limits except after thirty (30) days prior written notice
by either certified mail, return receipt requested, has been given to
the CITY.
4.2.3 BBAA shall inform its insurer to furnish directly to the City of
Boynton Beach certificates of insurance with original
endorsements affecting coverage required within. BBAA shall
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provide binders indicating placement of coverage to CITY prior to
the effective date of this Agreement.
4.2.4 CITY will continue to maintain all necessary insurance coverage to
protect its interest as determined by the CITY’S Risk Manager.
BBAA will provide all necessary insurance coverage, as
determined by the City’s Risk Manager, to protect the buildings
and structures under the control of the BBAA as described in this
Agreement.
Consideration.
5.0 CITY shall pay to BBAA the following maintenance fees over the term
of the Agreement:
Year One - $20,000
Year Two - $20,000
Year Three - $20,000
Payments in the amount of $5,000 shall be paid as soon as practicable upon receipt of an
invoice by the CITY from the BBAA according to the following annual schedule:
First Payment: October 1
Second Payment: January 1
Third Payment: April 1
Fourth Payment July 1
BBAA shall provide documentation of its expenses during the quarter prior for which an
invoice is submitted.
Term
6.0 . This Agreement shall be for a period of three (3) years commencing on October 1,
2014. The parties may agree to renew the Agreement for three (3) additional three (3)
year terms through the execution of a written Amendment to the Agreement signed by
both parties.
Termination.
7.0Each party may cancel this agreement for convenience or cause by
providing written notice of at least thirty (30) days to the other party. Should this
Agreement be terminated for cause, the reason(s) for the termination shall be included in
the notice and can specifically include deletion of budget appropriations in future CITY
budgets by the City Commission. Any termination for convenience shall be without
liability to the terminating party.
Conduct.
8.0BBAA agrees to conduct its activities upon the premises so as not to endanger
any person lawfully thereon and to the extent provided by law, to indemnify and hold
harmless the CITY, its officers, officials, agents, and employees from and against any
and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any
kind arising out of or occurring during the activity of BBAA and those resulting or
occurring from any negligent act, omission or error of BBAA, its officers, directors,
agents, employees, guests, or members resulting in or relating to injuries to body, life,
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limb, or property sustained in, about, or upon the premises or improvements thereto, or
arising from the use of said premises.
Compliance with laws.
9.0 BBAA agrees to comply with all laws of the United States, the
State of Florida, and all local laws, including but not limited to the ordinances and
regulations of the City of Boynton Beach, and all rules and requirements of the City
Police and Fire Departments, and will obtain and pay for all necessary permits and
licenses, and will not do, nor suffer to be done, anything on said premises during this
Agreement in violation of any such laws, ordinances, rules, or requirements, and if the
attention of the Licensee is called to any violation on the part of BBAA, or any person
employed by or admitted to the said premises by Licensee, such BBAA will immediately
desist from and correct the violation.
Removal of Persons.
10.0 City reserves the right, through its representatives, agents and
police to eject any objectionable person or persons from said facility, and upon the
exercise of this authority, BBAA hereby waives any right and all claims for damages
against the City.
Evacuation of Premises.
11.0 City reserves the right to evacuate the premises or facilities
during any activity in progress where it deemed necessary for the safety of the general
public, patrons, or guests.
Assignment Prohibited.
12.0 BBAA shall not assign this Agreement, or sublet the demised
premises or any part thereof without the prior written consent of the CITY endorsed
hereon.
Notice.
13.0 Any notice or demand, which under the terms of this Agreement, or by any
statute or ordinance given or made by a party hereto shall be in writing and shall be given
by certified or registered mail, return receipt requested, sent to the other at the address set
forth below, or to such other address as such party may, from time to time, designate by
notice:
Notice to CITY shall be addressed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Notice to BBAA shall be addressed to:
Boynton Beach Athletic Association, Inc
P.O. Box 284
Boynton Beach, Florida 33425-0284
Agreement Binding; Amendment.
14.0 All terms and conditions of this written Agreement
shall be binding upon the parties, their heirs or representatives, and assigns, and cannot
be varied or waived by any oral representations or promise of any agent or other person
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of the parties hereto, unless the same be in writing and mutually signed by the duly
authorized agent or agents executing this Agreement.
Authority.
15.0 Each person signing this Agreement on behalf of either party individually
warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to
all provisions contained in this Agreement.
Termination of Prior Agreement.
16.0This Agreement has the immediate effect of
terminating any existing agreements between the CITY, BBAA, and Boynton Beach
Little League, Inc., pertaining to the use of the PARK, including that agreement between
the parties dated December 20, 2011. Any indemnification obligations in any previous
agreements between the parties shall survive this termination.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the
day and year first written above.
WITNESSES: CITY OF BOYNTON BEACH
___________________________ By____________________________
Lori LaVerriere, City Manager
___________________________
(CORPORATE SEAL) ATTESTED:
______________________________
City Clerk
Approved as to form:
______________________________
City Attorney
WITNESSES: BOYNTON BEACH ATHLETIC ASSOCIATION, INC.
___________________________ By___________________________________
President
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___________________________ By____________________________________
Secretary
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ______ day of ________, 20___ by
_________________ and __________________, as President and Secretary, respectively, of
Boynton Beach Athletic Association, Inc., a Florida corporation, on behalf of the corporation.
They are personally known to me or have produced ____________________ as identification
and did not (did) take an oath.
(SEAL) __________________________________
Notary Public, State of Florida Signature of
Notary taking Acknowledgment
My Commission Expires:
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6. C
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-060 -
EQUESTED CTION BY ITY OMMISSION
Approve an amendment to the City's State Housing Initiatives Partnership (SHIP) Program Local
Housing Assistance Plan (LHAP) for increasing the amount of subsidy for First Time
Homebuyers and reducing the term of the City's mortgage.
ER:
The City of Boynton Beach has established a Local
XPLANATION OF EQUEST
Housing Assistance Plan (LHAP) in accordance with Section 420.907-907.9, Florida
Statutes and Chapter 67-37.007 Florida Administrative Code. The City’s LHAP was
initiated with adoption of Ordinance No. 97-11 on May 6, 1997. The program was
designed to promote and implement the goals of the SHIP Program and the Housing
element of the City’s Comprehensive Plan by producing and preserving affordable
housing. The City of Boynton Beach receives dedicated revenues resulting from the
William E. Sadowski Affordable Housing Act, which are distributed to various
municipalities that are “entitled” communities to assist with affordable housing efforts.
The City’s current LHAP was written for the period 2012 thru 2015 when the City
received a minimal amount of funding in the amount of $54,000. This figure was used
as the guideline to award subsidies as the SHIP program has not been fully funded
since 2008. The City of Boynton Beach has been notified that it will be receiving
$320,403 in SHIP funds for fiscal year 2014/15.
In order to meet the current increase in housing conditions and utilize the anticipated
funds, staff is requesting an increase their homebuyer subsidies as follows:
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INCOME CURRENT PROPOSED
Very Low $10,000 $40,000
Low $7,000 $25,000
Moderate $5,000 $15,000
The individual awards will be protected by placing an encumbrance by way of a second
mortgage on the purchased property for fifteen years. The corrective page of the LHAP
has been referenced as Attachment “A”.
H?
The program will continue
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
to promote and implement the goals of the City’s Comprehensive Plan by producing and
preserving affordable housing citywide for very low-income, low-income, and moderate
income households within the City of Boynton Beach. Increasing the amount of subsidy
and reducing the duration of the mortgage will make the City’s program more
marketable to qualified buyers.
FI:
Increasing the subsidy will enable the City to expend the funds in a
ISCAL MPACT
timely manner as required by the State, and ensure the continuance of assisting first
time homebuyers with housing affordability.
A:
Not approve the changes.
LTERNATIVES
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RESOLUTION R14-060
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AN AMENDMENT TO THE CITY’S STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM
LOCAL HOUSING ASSISTANCE PLAN (LHAP)
INCREASING THE AMOUNT OF SUBSIDY FOR FIRST
TIME HOMEBUYERS AND REDUCING THE TERM
OF THE CITY’S MORTGAGE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City’s current LHAP was written for the period of 2012 through
2015 when the City received minimal funding in the amount of $54,000; and
WHEREAS,
the City of Boynton Beach has been notified that it will be receiving
$320,403 in SHIP funds for fiscal years 2014/15; and
WHEREAS,
in order to meet the current increase in housing conditions and utilize
the anticipated funds, staff is requesting an increase in their homebuyer subsidies; and
WHEREAS
, the individual awards will be protected by placing an encumbrance by
way of a second mortgage on the purchased property for a period of fifteen years; and
WHEREAS
, upon the recommendation of staff, the City Commission deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to amend the
City’s State Housing Initiatives Partnership Program Local Housing Assistance Plan
increasing the amount of subsidy for First Time Homebuyers and reducing the term of the
City’s mortgage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing “Whereas” clauses are true and correct and are hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
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approves and amendment to the City’s State Housing Initiatives Partnership Program Local
Housing Assistance Plan increasing the amount of subsidy for First Time Homebuyers and
reducing the term of the City’s mortgage to fifteen years.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of July, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Joe Casello
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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SECOND MORTGAGE AND SECURITY AGREEMENT
THIS SECOND MORTGAGE AND SECURITY AGREEMENT ("Mortgage"), made this
day of , 2014
between
whose post office address is:
(hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal
corporation, as Mortgagee and Secured Party, whose post office address is: 100 East Boynton Beach,
Florida 33435, (hereinafter called the "Mortgagee").
W I T N E S S E T H:
WHEREAS,
is justly indebted to the Mortgagee in the principal sum of
and 00/100 Dollars
($ .00) as evidenced by a certain Promissory Note ("Note") of even date herewith, executed by
and delivered to Mortgagee, payable according to the terms therein provided, and by reference
being a part hereof to the same extent as though set out in full herein; and
WHEREAS, this second mortgage is an interest-free deferred payment loan instituted under
the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, and
the loan will be paid upon the sale of the property if sold short of the first fifteen (15) years or upon
Mortgagor’s default.
NOW THIS INDENTURE WITNESSETH, to secure the performance and observance by
of all the covenants, conditions and agreements in the Note, this Second Mortgage, and any
other instrument, agreement or document collateral to or executed or delivered in connection with
the loan transaction, (collectively the "Loan Documents"), and in order to charge the properties,
interest and rights hereinafter described with such payment, performance and observance, and for
and in consideration of the sum of TEN ($10.00)
DOLLARS paid by
and for other valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign,
transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the
Mortgagee, its successors and assigns forever;
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ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple
interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more
particularly described as follows:
Property address:
PCN: 08-
TOGETHER WITH all lands, buildings, structures and improvements of every nature
whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture
and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor
and located in, on, or used or intended to be used in connection with the operation of the Land,
building, structures or other improvements, betterments, renewals, and replacements to any of the
foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or
fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together
with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on
Mortgagor's behalf;
TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or
located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed
fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered
to the Mortgaged Property for the use and operation of said property or for use in any construction
being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction
contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other
contract rights associated with the Mortgaged Property, general intangibles, actions and rights of
action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv)
all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in
connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements,
additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants
to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal
property described herein. This Mortgage is a self-operative security agreement with respect to such
property, but Mortgagor agrees to execute and deliver on demand such other security agreements,
financing statements and other instruments as Mortgagee may request in order to perfect its
security interest or to impose the lien hereof more specifically upon any of such property. In
addition to those specified herein Mortgagee shall have all the rights and remedies of a secured
party under the Uniform Commercial Code.
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ARTICLE ONE
PARTICULAR COVENANTS OF MORTGAGE
1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and
comply with all provisions hereof, of the Promissory Note (hereinafter referred to as "Note")
secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the
sum of money expressed in the Promissory Note with interest thereof and all other sums required to
be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the
Mortgage on the day or days when payment shall become due, all without deduction or credit for
taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments.
If the Mortgaged Property is not sold in the first fifteen (15) years, and remains the permanent
residence of the Makers, then in that event this Note shall be forgiven and released. The Makers
must permanently reside on the Mortgaged Property during the term of the Note and Mortgage. In
the event the Makers fail to comply or default, the entire unpaid principal balance shall be fully due,
owing, and payable from the Makers to the Holder.
1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of the
Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full
power and lawful right to convey and mortgage the same in the manner and form aforesaid. That
the Mortgaged Property is free from all encumbrances except taxes for the current year a first
mortgage in favor of
and its successors, and any other permitted encumbrances. The Mortgage hereby makes further
assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required.
The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all
persons whomsoever.
1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter
erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and
contingencies, including but not limited to flood, in such amounts and for such periods as may be
required by Mortgagee, and to pay promptly when due, all premiums on such insurance policies or
renewals.
1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged
or taken through condemnation (which term when used in this Mortgage shall include any damage
or taking by any governmental authority, and any transfer by private sale in lieu thereof, either
temporarily or permanently), the entire indebtedness secured hereby shall at the option of the
Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines
that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all
compensation, awards, and any other payments of relief therefore and is hereby authorized, at its
option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or
proceeding relating to any condemnation, and to settle or compromise any claim in connection
therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the
rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting
therefrom all its expenses including attorneys' fees, may release any monies so received by it
without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee
shall determine, to the reduction of the sums secured hereby, and any balance of such monies then
remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further
assignments of any compensations, awards, damages, claims, rights of action and proceeds as the
Mortgagee may require.
1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, charges
and expenses, including reasonable attorneys fees, including appellate proceedings, and
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disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action,
proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party
defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all
conditions and covenants of this Mortgage and the Note secured hereby, including but not limited
to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any
action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee
shall become due and payable whether or not there be notice, demand, attempt to collect or suit
pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the
default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured
by the lien of this Mortgage.
ARTICLE TWO
DEFAULTS
2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage,
shall mean any one or more of the following events:
(a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any
deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be
paid by Mortgagor hereunder or under any other instrument securing the Note.
(b) Failure by Mortgagor to duly keep, perform and observe any other covenant,
condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period
of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot
be cured within such ten days, the commencement of such action to cure the default and the diligent
and continuing effort to cure same shall be acceptable.
(c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary
petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or
answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage
earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under
any present or future Federal Bankruptcy Act or any other present or future applicable federal, state
or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee,
receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any
guarantor or endorser of the Note; or if within thirty (30) days after commencement of any
proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under
any present or future federal, state or other statute or law, such proceeding shall not have been
dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or
acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or
liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the
Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or
otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not
have been vacated.
(d) The entry by any court of last resort of a decision that an undertaking by the
Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or
encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law
changing in any way or respect the laws now in force for the taxation of mortgages or debts secured
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thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this
Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal
manner, pay any and all sums of whatever kind which may be incurred or charged under such new or
modified law.
(e) If foreclosure proceedings should be instituted on any mortgage inferior or
superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which
is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure
proceedings on the Mortgagor.
(f) Any default under any mortgage superior or inferior to the Mortgage.
(g) Any modification of any mortgage superior or inferior to the Mortgage,
increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a
future advance agreement or otherwise, or waiver of any principal or interest payments on any note
or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any
guaranty affecting any superior or inferior mortgage.
(h) Any breach of any warranty or material untruth of any representation of
Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents.
(i) Any action prohibited by paragraph 3.01 infra.
(j) If the mortgaged property is sold, transferred or refinanced prior to the first
fifteen (15) years of ownership, the entire amount of the loan shall be returned forthwith to
Mortgagor, the City of Boynton Beach SHIP Program.
(k) Upon the homeowner(s) death, provided that the new owner is not income
eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary
residence of the new owner. For the new owner to be eligible, he or she must set up primary
residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines. If
the new owner is not eligible, the loan shall be due and payable to the Mortgagor.
(l) Lease of any portion of the mortgaged property to a third party.
2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be
continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note
then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such
declaration such principal and interest shall forthwith become and be due and payable, as fully and
to the same effect as if the date of such declaration were the date originally specified for the
maturity of the unpaid balance of the Note.
2.03 Mortgagee's Power of Enforcement. If an Event of Default shall have occurred and
be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate
proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or
any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels,
the Mortgaged Property, under the judgment or decree of a court or courts of competent
jurisdiction, and (c) to pursue any other remedy available to it, all as the Mortgagee shall deem most
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effectual for such purposes. The Mortgagee shall take action either by proceedings or by the
exercise of its powers with respect to entry or taking possession, as the Mortgagee may determine.
2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to foreclose this
Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make
any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights
will not be, nor be asserted to by the Mortgagor, a defense to any proceedings instituted by the
Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the
foreclosure sale of the Mortgaged Property.
2.05 Principal and Interest Become Due on Foreclosure. Upon commencement of suit or
foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared due, and
the interest accrued thereon, shall at once become and be immediately due and payable.
2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The
Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder,
neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to
take advantage of any appraisement, valuation, stay, extension, or redemption laws now or
hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or
the absolute sale of the Property being conveyed, to the final and absolute putting into possession
thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all
who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do
so, the benefit of all such laws, and any and all right to have the assets comprised in the security
intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that
the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged
Property as an entirety.
2.07 Acceleration; Application of Monies by Mortgagee.
(a) If default shall be made in the payment of any amount due under the
Mortgage or the Note secured hereby, then, upon demand of the Mortgagee, the Mortgagor will
pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail to
pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to recover
a judgment for the whole amount so due and unpaid together with costs, which shall include the
reasonable compensation, expenses and disbursements of the Mortgagee's agents and attorneys
either before, after or during the pendency of any proceedings for the enforcement of the Mortgage
including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be
affected by any taking, possession, or foreclosure sale hereunder, or by the exercise of any other
right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the
lien hereof.
(b) In case of a foreclosure sale of any of the Mortgaged Property and of the
application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall
be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon
the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of the debt
remaining unpaid, with interest.
(c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no
recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon
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any such judgment upon any of the Mortgaged Property or upon any other property shall in any
manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part
thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights,
powers and remedies shall continue unimpaired as before.
(d) Any monies thus collected by the Mortgagee or received by the Mortgagee
under this paragraph 2.07 shall be applied as follows:
"First, to the payment of the reasonable attorneys fees and expenses incurred by
Mortgagee, its agents and attorneys, including but not limited to taxes paid, insurance premiums
paid receivers fees, etc.
Second toward payment of the amounts due and unpaid upon the Note."
2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder
of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair
any such right, power or remedy nor shall same be construed to be a waiver of any such default, or
acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee
may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the
Mortgagee.
2.09 No Waiver of One Default to Affect Another. No waiver of any default hereunder
shall extend to or shall affect any subsequent or any other existing default or shall impair any rights,
powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension
of time for the payment of any sums secured hereby, (b) takes other or additional security for the
payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases
any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any
map, plat or replat thereof, (f) consents to the granting of any easement thereon, or (g) makes or
consents to any agreement subordinating the lien hereof, any such act or omission shall not release,
discharge, modify, change or affect the original liability under the Note or otherwise of the
Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any
maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the
Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in
the event of any other default then made or of any subsequent default nor, except as otherwise
expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this
Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of
all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or
corporation, is hereby authorized and empowered to deal with any such vendee or transferee with
reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same
extent as it might deal with the original parties hereto and without in any way releasing or
discharging any of the liabilities or undertakings hereunder.
2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee
shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or
otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall
have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the
Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers
and remedies of the Mortgagee shall continue as if no such proceeding has been taken.
2.11 Remedies Cumulative. No right, power or remedy conferred upon or reserved by the
Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but
each and every such right, power and remedy shall be cumulative and current and shall be in addition
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to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity
or by statute.
2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all
parties whose claim or liens are discharged or paid with the proceeds of the indebtedness secured by
this Mortgage.
ARTICLE THREE
MISCELLANEOUS PROVISIONS
3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the
inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and
relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not
to assign, sell, convey, transfer, lease, enter into any management agreement, or further encumber
any interest in or any part of the Mortgaged Property without the prior written consent of the
Mortgagee, and any such sale, conveyance, transfer, lease, or encumbrance made without
Mortgagee's prior written consent shall constitute an event of default hereunder. If the Mortgagor
is not an individual, it is further understood and agreed that any assignment, sale, conveyance,
transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the
Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and
prohibited herein.
3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security
agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged
Property.
3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured
hereby or any instrument or transaction related thereto, shall be construed or so operate as to
require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to
said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law.
Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any
parties liable for the payment of the loan of interest in excess of the maximum rate of interest
allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the
holder hereof, and all such excess shall be automatically credited against and in reduction of the
principal balance, and any portion of said excess which exceeds the principal, balance shall be paid
by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made
pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the
Mortgagor, Maker or any parties liable for the payment of the loan hereunder, be required to pay
interest in excess of the maximum rate allowed by law.
3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an
Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage.
The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or
Federal Law in the event Federal Law pre-empts Florida law or is otherwise applicable
3.05 Attorneys Fees and Expenses. Wherever provision is made herein from payment for
reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee, said provision
shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any
and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate
proceedings, whether such proceedings arise before or after entry of a final judgment.
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3.06 Notice.
(a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to be
served on or given to the Mortgagor may be served on or given to the Mortgagor at:
Boynton Beach, FL
or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor.
(b) Mortgagee. Any notice demand or instrument authorized by this
Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at:
CITY OF BOYNTON BEACH
ATTN: CITY ATTORNEY'S OFFICE
100 EAST BOYNTON BEACH BOULEVARD
BOYNTON BEACH, FLORIDA 33435
or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee.
3.07 Headings. The headings of the articles, sections, paragraphs and subdivisions of
this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and
shall not limit or otherwise affect any of the terms hereof.
3.08 Invalid Provisions to Affect No Others. In case any one or more of the
covenants, agreements, terms or provisions contained in this Mortgage, the Note or any of the other
Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining
covenants, agreements, terms or provisions contained herein and in the Note shall be in no way
affected, prejudiced or disturbed thereby.
ARTICLE FOUR
ADDITIONAL PROVISIONS
4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan
evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to
enter into continuing and unconditional guarantees of payment of any and all indebtedness and
agreed by the Mortgagor that such representations and agreements by such other persons shall
constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor.
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IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and
Security Agreement to be executed in their names, all by authority duly given as of the day and year
first above written.
Signed, sealed and delivered
in the presence of:
_______________________ _________________________________________
WITNESSMORTGAGOR
WITNESSPRINT NAME
_______________________ _________________________________________
WITNESSMORTGAGOR
WITNESSPRINT NAME
STATE OF FLORIDA )
) SS.:
COUNTY OF PALM BEACH)
I hereby certify that on this day, before me, a Notary Public duly authorized in the State and
County named above to take acknowledgements, personally appeared
__________________________________________________________. He/she is personally known to
me [or has produced __________________________________________________ as identification]
to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and
acknowledged before me that said persons executed that mortgage.
Witness my hand and official seal in the County and State named above this
day of , 2014
Signed: __________________________________
NOTARY PUBLIC
Print Name: _______________________________
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PROMISSORY NOTE
SHIP PROGRAM
BOYNTON BEACH, Florida
Date: , 2014
FOR VALUE RECEIVED the undersigned,
(hereinafter referred to as "Makers") promise to pay to the order of the CITY OF BOYNTON BEACH, a
Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder"),
at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such
other place as the Holder hereof may from time to time designate in writing, the principal sum of
and 00/100 Dollars
($ .00) to be paid in lawful money of the United States of America, which shall be legal tender in
payment of all debts and dues, public and private, at the time of payment as follows:
This is a deferred payment loan issued under the guidelines of the City of Boynton Beach
SHIP Program.
If the Mortgaged Property is not sold in the first fifteen (15) years, and remains the
permanent residence of the Makers, then in that event this Note shall be forgiven and released. The
Makers must permanently reside on the Mortgaged Property during the term of the Note and
Mortgage. In the event the Makers fail to comply or default, the entire unpaid principal balance shall
be fully due, owing, and payable from the Makers to the Holder.
This Note is secured by a Mortgage Deed a/k/a Second Mortgage and Security Agreement
(the "Mortgage") of even date herewith encumbering and conveying real estate and property (the
"Mortgaged Property") therein described and duly recorded among the Public Records of Palm
Beach County, Florida.
The Makers shall pay any and all applicable federal, state and/or local taxes with regard to
the obligations set forth herein and shall provide the Holder with annual paid tax receipts within
thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes shall
be an event of default as provided for hereinafter.
It is hereby agreed that if in the event default be made in the performance or compliance
with any of the covenants and conditions of any security agreement now or hereafter in effect
securing payment of this Note; then, in any or all such events, the entire amount of principal of this
Note with all interest then accrued, if any, shall, at the option of the Holder of this Note and without
notice (the Makers expressly waives notice of such default), become and be due and collectable,
time being of the essence of this Note. If this Note shall not be paid at maturity or according to the
tenor thereof and strictly as above provided, it may be placed in the hands of an attorney at law for
collection, and in that event, each party liable for the payment thereof, as Makers, endorser,
guarantor, or otherwise, hereby agrees to pay the holder hereof in addition to the sums above
stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and
on appeal, together with all reasonable costs incurred.
Makers shall be in default of this Note if during the term of this Note, they assign, sell,
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convey, transfer, lease, enter into any management agreement, further encumber, or vacate the
premises. In the event of such default, the loan amount of the promissory note shall be immediately
due and payable.
This Note is pre-payable in whole or in part at any time without penalty.
As to this Note and the Mortgage, and any other instruments securing the indebtedness, the
Makers, endorsers and guarantors, if any, severally waive presentment, protest and demand, notice
of protest, demand and dishonor and nonpayment of this Note, and expressly agree that the
Maturity Date of this Note, or any payment hereunder, may be extended from time to time without
in any way affecting the liability of the Makers, endorsers or guarantors.
Nothing herein contained, nor in any instrument or transaction related hereto, shall be
construed or so operate as to require the Makers, or any person liable for the payment of the loan
made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate
permissible under applicable law. Should any interest or other charges paid by the Makers, or any
parties liable for the payment of the loan made pursuant to this Note, result in the computation or
earning of interest in excess of the highest rate permissible under applicable law, then any and all
such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be
automatically credited against and in reduction of the principal balance, and any portion of said
excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any
parties liable for the payment of the loan made pursuant to this Note, it being the intent of the
parties hereto that under no circumstances shall the Makers, or any parties liable for the payment of
the loan hereunder, be required to pay interest in excess of the highest rate permissible under
applicable law.
This Note is to be construed according to the applicable laws of the State of Florida and the
United States of America.
MAKERS:
___________________________________
S
IGNATURE
___________________________________
S
IGNATURE
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6. D
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-061 -
EQUESTED CTION BY ITY OMMISSION
Approve an amendment to the City's current Community Development Block Grant (CDBG) One
Year Action Plan to decrease the Economic Development line item and to create a new line item
for purchase of playground equipment for Sara Sims Park.
ER:
The City Commission adopted Resolution No. R13-070 on
XPLANATION OF EQUEST
August 6, 2013, adopting the City’s Community Development Block Grant (CDBG) One
Year action plan for fiscal year 2013/2014. The plan included a project for Economic
Development in the amount of $187,000.
The Community Improvement Staff is requesting to transfer $80,000 from the Economic
Development project and to establish a new project COBB Recreation & Parks – Sara
Sims Park for the purchase of playground equipment for the Sara Sims Park. This is an
eligible CDBG activity as it benefits Low-Moderate Income persons in an area where
more than 51% of the residents meet the required income.
2013/14 Activity Approved in R13-070 Amendment Amended Amount
Economic Development $187,000 ($80,000) $107,000
P&R – Sara Sims Park -0- $80,000 $ 80,000
H?
The activity will enhance the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
redevelopment efforts within the Heart of Boynton by providing and improving access to
recreational facilities for the area. It will also complement the current improvements
slated to commence with the Urban Lift grant activities coming on line this fiscal year.
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FI:
The utilization of un-encumbered grant funds will assist in the
ISCAL MPACT
purchase of much needed equipment for the park.
A:
Not to approve the amendment.
LTERNATIVES
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RESOLUTION R14-061
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT
TO THE CITY’S CURRENT COMMUNITY DEVELOPMENT
BLOCK GRANT ONE YEAR ACTION PLAN TO DECREASE THE
ECONOMIC DEVELOPMENT LINE ITEM AND TO CREATE A
NEW LINE ITEM FOR PURCHASE OF PLAYGROUND
EQUIPMENT FOR SARA SIMS PARK; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
on August 6, 2013, the City Commission adopted the City’s Community
Development Block Grant (CDBG) One Year Action Plan for fiscal year 2013/14; and
WHEREAS
, City Staff is requesting to transfer $80,000 from the Economic
Development project and to establish a new project COBB Recreation & Parks – Sara Sims Park
for the purchase of playground equipment for the Sara Sims Park; and
WHEREAS,
the activity will enhance the redevelopment efforts within the Heart of
Boynton by providing and improving access to recreational facilities for the area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve an amendment to the City of Boynton Beach’s Community Development Block Grant
(CDBG) One Year Action Plan for fiscal year 2013/14, to transfer $80,000 from the Economic
Development project and to establish a new project COBB Recreation & Parks – Sara Sims Park
for the purchase of playground equipment for the Sara Sims Park.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of July, 2014.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
th
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve phase two of the City's Green Building
EQUESTED CTION BY ITY OMMISSION
Program Voluntary National Green Building Standard for residential dwelling units, advancing
Climate Action Plan initiatives 4.5.2, Sustainable Construction and 4.5, Land Use and
Development.
ER:
Approve phase two of the City's Green Building Program
XPLANATION OF EQUEST
Voluntary National Green Building Standard for residential. This second phase to the
City’s existing Green Building Program will incorporate standards from the National
Green Building Standard for residential single-family and multi-family dwelling units.
H?
The City's Green Building Program
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
is based on principles and practices that reduce impacts from the built environment on
human health and the natural environment. The City of Boynton Beach’s Climate Action
Plan, adopted in 2010, outlined several strategies to make green building a cornerstone
of construction and renovation in the community. In 2011, the Green Building Program,
adopting the International Green Building Code as the first phase of this voluntary
program, became effective which established energy efficiency requirements and other
sustainable practices for commercial buildings. This year, staff has completed an
update to the 2011 program, adding the National Green Building Standard (ICC 700 –
2012) as the residential component to the program.
The Green Building Program is a voluntary participation program, furthering the
implementation of the City’s approved Climate Action Plan, to achieve overall reduction
of community-wide greenhouse gas emissions. The program offers expedited planning
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and permit reviews, and applicants can apply for incentive funds through the Energy-
Edge rebate program to offset the higher cost for more efficient products.
By incentivizing more sustainable energy efficient construction and conservation efforts,
the City benefits through both water use reduction, conserving a precious natural
resource, and through energy reductions required to purify and deliver water to our
citizens. Our citizens benefit through reduced energy and water bills and a more
environmentally sustainable home.
FI:
None
ISCAL MPACT
A:
Do not approve the addition of green building standards for residential.
LTERNATIVES
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6. F
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on July 1, 2014
The City Commission met on July 1, 2014 and minutes were prepared from the notes
taken at the meetings. The Florida Statutes provide that minutes of all Commission
meetings be prepared, approved and maintained in the records of the City of Boynton
Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. G
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the one-year extension for RFPs/Bids
EQUESTED CTION BY ITY OMMISSION
and/or piggy-backs for the procurement of services and/or commodities as described in the
written report for July 15, 2014 - "Request for Extensions and/or Piggybacks".
ER:
XPLANATION OF EQUEST
As required, the Finance/Procurement Department submits requests for award to the
Commission; requests for approval to enter into contracts and agreements as the result
of bid solicitations; and to piggy-back governmental contracts. Options to extend or
renew are noted in the “Agenda Request Item” presented to Commission as part of the
initial approval process. Procurement seeks to provide an accurate and efficient
method to keep the Commission informed of pending renewals and the anticipated
expenditure by reducing the paperwork of processing each renewal and/or extension
individually and summarizing the information in a monthly report (as required).
VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM
Lou Bachrodt OEM Service and Parts 057-1412-13/MFD September 4, 2014
Freightliner, Nextran, for Large Truck and to Sept. 3, 2015.
Palm Truck, Sunbelt, Heavy Duty Equipment
and Trekker
Steve Moore OEM Service and Parts 058-1412-13/MFD September 4, 2014
Chevrolet Delray for Small/Light Duty to Sept. 3, 2015
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Vehicles and Equipment
Vehicle Maint. Aftermarket Auto Parts, 056-1412-14/MFD September 4, 2014
Program, Palm Accessories and to Sept. 3, 2015
Beach Spring, Supplies
Bennett Auto, The
Parts House
Culinary Solutions Food Catering in the R11-075 June 1, 2014 to
event of a Hurricane December 31, 2014
and/or Disaster
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This renewal report will be used for those bids, contracts/agreements and piggy-backs
that are renewed/extended with the same terms and conditions and pricing as the initial
award.
FI:
Funds have been budgeted under line items as noted on the attached
ISCAL MPACT
report.
A:
Not approve renewals and require new bids to be issued.
LTERNATIVES
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CITY OF BOYNTON BEACH
REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS
JULY 15, 2014
REQUESTING DEPARTMENT: Finance/Warehouse
DEPARTMENT CONTACT: Michael Dauta
TERM: September 4, 2014 to September 3, 2015
SOURCE FOR PURCHASE: BID
ACCOUNT NUMBER: 502-0000-141-0100
VENDOR(S): Lou Bachrodt Freightliner, Nextran Truck, Palm Truck, Sunbelt Waste and Trekker Tractor
ANNUAL EXPENDITURE: $185,000.
DESCRIPTION OF BID EXTENSION:
On September 3, 2013, City Commissioners approved the bid award for the “Annual Supply of Original Equipment
Manufacturer (OEM) Service and Parts for Medium/Large and Heavy Duty Vehicles and Equipment” Bid no. 057-
1412-13/MFD to multiple vendors (see above). The purpose of this bid was to secure suppliers for service and parts
for the City’s Large Truck/Heavy Duty Equipment Fleet on an “As Needed Basis”.
The bid documents allow for two (2) one-year renewals subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City. The five awarded vendors have agreed to extend
the bid for an additional year with the same terms, conditions and pricing.
REQUESTING DEPARTMENT: Finance/Warehouse
DEPARTMENT CONTACT: Michael Dauta
TERM: September 4, 2014 to September 3, 2015
SOURCE FOR PURCHASE: BID
ACCOUNT NUMBER: 502-0000-141-0100
VENDOR(S): Steve Moore Chevrolet Delray
ANNUAL EXPENDITURE: $125,000.
DESCRIPTION OF BID EXTENSION:
On September 3, 2013, Commissioners approved the bid award for the “Annual Supply of Original Equipment
Manufacturer Service and Parts for Small and Light Duty Vehicles and Equipment”, Bid no. 058-1412-13/MFD to
Steve Moore Chevrolet Delray for Chevrolet, Ford, and Dodge vehicles. The purpose of the bid was to secure
suppliers for parts and service for the City’s Small Vehicle Fleet on an “As Needed Basis.
The bid documents allow for two (2) one-year renewals subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City. Steve Moore Chevrolet Delray has agreed to
extend the bid for an additional one-year term with the same terms, conditions and pricing.
REQUESTING DEPARTMENT: Finance/Warehouse
DEPARTMENT CONTACT: Michael Dauta
TERM: September 4, 2014 to September 3, 2015
SOURCE FOR PURCHASE: BID
ACCOUNT NUMBER: 502-0000-141-0100
VENDOR(S): Vehicle Maintenance Program, Palm Beach Spring, Bennett Auto Parts, The Parts House
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ANNUAL EXPENDITURE: $50,000.
DESCRIPTION OF BID EXTENSION:
On September 3, 2013, City Commissioners approved the award for the bid for the “Annual Supply of Aftermarket
Automotive Parts, Accessories and Supplies”, Bid no. 056-1412-14/MFD to multiple vendors. The City issued this bid
in an effort to secure pricing for the purchase of aftermarket parts (e.g., wipers, bulbs, filters, fuses) for the City’s
Fleet on an “As Needed Basis”.
The bid documents allow for two (2) one year renewals subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City. The four awarded vendors have agreed to
extend the bid for an additional year with the same terms, conditions and pricing.
REQUESTING DEPARTMENT: Finance/Warehouse
DEPARTMENT CONTACT: Michael Dauta
TERM: JUNE 1, 2014 through DECEMBER 31, 2014
SOURCE FOR PURCHASE: CONTRACT FOR FOOD CATERING IN THE EVENT OF A HURRICANE/DISASTER
VENDOR: B & J CATERING, INC. d/b/a CULINARY SOLUTIONS
DESCRIPTION OF CONTRACT EXTENSION:
Resolution R11-075 approved and authorized an Agreement between the City of Boynton Beach and Culinary
Solutions to provide catering services for employees called in to work in the event a hurricane impacts the City of
Boynton Beach. This Agreement was effective July 20, 2011. The vendor is responsible for providing Breakfast,
Lunch and Dinner to feed City employees working various shifts.
The vendor, Culinary Solutions, has agreed to renew the Agreement with the same terms and conditions for
another hurricane season from June 1, 2014 through December 31, 2014.
REQUESTING DEPARTMENT:
DEPARTMENT CONTACT:
TERM:
SOURCE FOR PURCHASE:
ACCOUNT NUMBER:
VENDOR(S):
ANNUAL EXPENDITURE:
DESCRIPTION OF BID EXTENSION/PIGGY-BACK:
REQUESTING DEPARTMENT:
DEPARTMENT CONTACT:
TERM:
SOURCE FOR PURCHASE:
ACCOUNT NUMBER:
VENDOR(S):
ANNUAL EXPENDITURE:
DESCRIPTION OF BID EXTENSION/PIGGY-BACK:
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6. H
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of June 2014.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
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 June
2014:
Purchase Order Vendor Amount
141120 & 141121 Stokes Mech Contractor, Inc. $ 11,344.00
141131 Kronos $ 11,593.95
141139 Impact Sport Surfaces, LLC $ 13,100.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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, Finance Department,
and City Manager.
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FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. I
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve additional funding for the Schoolhouse
EQUESTED CTION BY ITY OMMISSION
Museum in the amount of $40,000 for FY 13/14.
ER:
The City entered into a Management Agreement with the
XPLANATION OF EQUEST
Boynton Cultural Center on February 16, 2010 regarding the operation of the 1913
Schoolhouse Museum, a city owned building. As part of the management agreement
the City maintains the building as it relates to maintenance, utilities, etc. and to provide
funding to the Schoolhouse Museum in support of personnel costs that were associated
previously with city employees.
The Schoolhouse Museum has requested $40,000 of additional funding in support of
personnel costs for the remainder of FY13/14.
The approved FY13/14 budget for the Schoolhouse Museum is $187,500 with $122,765
of that being budgeted for support of personnel costs. The Museum has experience a
number of issues over the last couple of years including turnover of a couple of key
positions which has hindered the applying and receiving of grant funds over the last 18-
24 months. This has created a need to request an additional $40,000 of personnel cost
support from the City Commission for FY13/14.
The Schoolhouse Museum staff has worked very diligently in the last six months to
review the current operations and expenses and has reduced expenses where possible
for this year and going forward. They have also concentrated on applying for grants
and have had some success in being awarded a couple that will be received in the next
year. They have also reviewed current marketing and programs and are in the
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beginning stages of addressing how the museum is marketed and the programs that are
offered.
Staff has reviewed expenditures to date and identified the following as available funds
that could be used to provide the additional $40,000.
001-1211-512-43-10 City Hall-Electric Service $15,000
001-1410-513-12-10 Finance-Regular Salaries $16,500
001-2110-521-91-04 Police-Grant Match $ 8,500
H?
This additional funding will provide
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
needed support to the Schoolhouse Museum to continue to provide programs and
services to the community for the remainder of FY 13/14.
FI:
Approval of this item would increase the FY13/14 Schoolhouse
ISCAL MPACT
Museum budget from $187,500 to $227,500. Specifically increasing line item 001-2612-
571-31-91 (Staff Services) from $122,765 to $162,765. It will also decrease the
FY13/14 department budget for City Hall from $2,933,078 to $2,918,078, Finance
Department from $1,121,577 to $1,105,077 and the Police Department from
$24,994,799 to $24,986,299.
A:
Do not approve this additional funding.
LTERNATIVES
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6. J
CONSENT AGENDA
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a piggy-back of the Palm Beach County
EQUESTED CTION BY ITY OMMISSION
Term Contract No. 10072B and 10072B-1 for "Playground and Park Equipment and Parts" from
REP Services of Lake Mary, Florida for the purchase of playground equipment for the Sara Sims
Park in the amount of $79,615.20.
ER:
XPLANATION OF EQUEST
The Development/Community Improvement Department would like to use the funds
from the Community Development Block Grant to create a playground for the Sara Sims
Park. Sara Sims Park is located in the “Heart of Boynton” adjacent to the Sara Sims
Memorial Park. The Park currently lacks recreational equipment for the “Five to Twelve
Year” age group. A new creative play landscape area will draw children and families to
the Park, allowing families to utilize the new playground and exposing family members
to other Park facilities, thereby maximizing Park utilization.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
As a neighborhood park, Sara Sims Park should offer amenities to all ages in the “Heart
of Boynton”. A creative play park will complement planned improvements to this area
and create a family friendly atmosphere.
FI:
ISCAL MPACT
The playground will be funded by the Community Development Block Grant from
account number 110-3432-513-6404. The attached proposal shows a total amount of
$81,186.80 for the proposed playground. Awarded vendor, REP Services, will deduct
another 2% on the equipment at the time of payment bringing the total due to
$79,615.20.
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A:
LTERNATIVES
Not to approve the purchase of playground equipment.
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7. A
BIDS AND PURCHASES OVER $100,000
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve award for the "Annual Supply of Medical
EQUESTED CTION BY ITY OMMISSION
and Medication Supplies", Bid No. 051-2210-14/JMA to Bound Tree Medical, LLC; Henry Schein
Inc.; and Nashville Medical & EMS Products, Inc. as the lowest, most responsive, responsible
bidders for a projected annual expenditure of $125,000.00. Items will be ordered on an "As
Needed" basis.
BIDTERM:JULY3,2014TOJULY2,2015
ER:
XPLANATION OF EQUEST
The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach
for medical and medication supplies for the Fire Departments’ EMS and Ocean Rescue
Divisions. These are Warehouse stocked supplies that are ordered “As Needed”. On
June 16, 2014, Procurement opened seven proposals. The bid included 336 items that
were divided into eight groups. As noted in the Bid Specifications, Bid Award, “The City
intends to award this bid in its entirety to a Primary Vendor, a Secondary Vendor and to
a Third Place Vendor.” If a product is not available from the Primary Vendor, the Cities
will then order from the Secondary Vendor; if the product is not available from both the
Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor.
The Warehouse Manager reviewed the pricing proposals and recommends the bidders
be awarded as follow:
PRIMARYVENDOR: BOUNDTREEMEDICAL,LLC
SECONDARYVENDOR: HENRYSCHEININC.
THIRDVENDOR: NASHVILLEMEDICAL&EMSPRODUCTS,INC.
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This bid may be renewed a the same terms, conditions, and pricing for two one-year
extensions subject to vendor acceptance, satisfactory performance and determination
that renewal will be in the best interests of the City.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By utilizing the pricing established in this joint bid with the City of Delray Beach, the City
of Boynton Beach Fire Department EMS and Ocean Rescue will be provided with
medical supplies and medications from the recommended vendors at the lowest
competitive prices.
FI:
ISCAL MPACT
Funds are budgeted for these items under Fire Department account number
001-2210-522-52-66.
FY 2013/2014 Expenditures to date - $ 79,313.
FY 2012/2013 Expenditures - $109,763.
FY 2011/2012 Expenditures - $ 93,966.
A:
LTERNATIVES
These supplies are required for a functioning Emergency Medical Services division of
the Fire Department. At this time, joining forces with the City of Delray Beach for
cooperative purchasing to secure the lowest possible pricing appears to be the most
viable option.
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7. B
BIDS AND PURCHASES OVER $100,000
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a piggy-back of the State of Florida
EQUESTED CTION BY ITY OMMISSION
Contract No. 405-000-10-1 for the purchase of gasoline and diesel fuel products for use in City
vehicles and equipment for various departments through June 30, 2016. Estimated annual
expenditures are $1,500,000.
CP:J1,2014J30,2016
ONTRACT ERIOD ULY THRU UNE
ER:
In July 2009, City Commission approved a piggy-back of the
XPLANATION OF EQUEST
State of Florida Contract for Bulk Fuel, Gasoline and Diesel for the City of Boynton
Beach; this contract expired June 30, 2014. The State has issued an Amendment
extending the contract through June 30, 2016.
The Fleet Maintenance Division is requesting authorization to procure bulk fuel, both
diesel and gasoline through June 30, 2016 - the length of Florida State contract no.
405-000-10-1, as needed, for various City Departments.
Awarded contractors for the Southern Counties with the lowest per gallon price are:
1. Macmillan Oil Company of Florida, Inc.
2. Mansfield Oil Company
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Piggy-backing the State of Florida Contract for Bulk Fuel, will allow the Fleet
Maintenance Division to secure bulk fuel at the lowest possible price as a result of the
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State’s purchasing power, and will ensure gasoline and diesel are kept at optimum
levels at all times. Fleet Maintenance orders and monitors fuel inventory for the City of
Boynton Beach.
FI:
Fleet Maintenance estimates an annual expenditure of $1,500,000 per
ISCAL MPACT
fiscal year.
Historical Data for the City of Boynton Beach fuel purchases is:
$1,441,281 – F/Y 2011/12
$1,434,000 – F/Y 2012/13
$1,105,000 – to date for F/Y 2013/2014
A:
Implement emergency purchase orders for the procurement of bulk fuel
LTERNATIVES
or use private fuel facilities which would result in higher operating costs for the Fleet
Maintenance Division.
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8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
07/16/2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve negotiated settlement in the amount of
EQUESTED CTION BY ITY OMMISSION
$45,000 in the case of Belinda Lester vs. City of Boynton Beach.
ER:
XPLANATION OF EQUEST
Defense Counsel: Michael Burke Plaintiff Counsel: Sherri L. Renner, Esq.
Incident: On January 13, 2009, plaintiff was traveling eastbound on Boynton Beach
Blvd. when an officer activated his lights to initiate a police stop. Officer attempted to
stop plaintiff because she was traveling at approximately 50 miles per hour in a 35 mile
per hour zone, and there was an obstruction on the license plate preventing him from
running the tag. Plaintiff continued driving through her neighborhood until she arrived
home. Plaintiff alleges she was afraid to stop due to the officer’s vehicle being an
unmarked vehicle. Plaintiff alleges false arrest, excessive force, and Civil Rights
violation. Her court case was “nolle prossed” on April 9, 2009.
H?
Recommendations for settlements
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
of claims of the nature are part of the ongoing responsibilities of Risk Management.
This settlement does not admit any liability and/or fault and enters into this settlement
only because of the expense of continuing litigation.
FI:
Settlement will be charged to the Risk Management Budget line item
ISCAL MPACT
522-1710-519-49.20, Self-Insured Losses for first and third party claims.
A:
Failure to approve settlement will result in additional discovery and
LTERNATIVES
litigation, and trial costs. Potential jury verdict range is $75,000 to $125,000. Future
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litigation costs are estimated at approximately $20,000. Total costs are estimated to be
between $125,000 and $175,000. The Self-Insurance Retention of $200,000 is due to
the plaintiff filing allegations of the U.S. Constitutional violation of 1983 Violation of Civil
Rights.
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The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre, City Manager
THRU:
Julie Oldbury, Director of Human Resources and Risk Management
FROM:
Pam Webb, Risk Administrator
DATE:
June 16, 2014
SUBJECT: Belinda Lester v. City of Boynton Beach
Date of Loss:
January 13, 2009
X Settlement __ Judgment
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 200,000 Expenses: $ 50,000
Demand
: Original: $ 200,000 Final: $ 92,500
Offer
: Original: $ 5,000 Final: $ 45,000
SETTLEMENT$ 45,000
:
X
NOTE:
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ -0- $ 27,986.14
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 20,000 : $ 75,000+
JUDGEMENT$ -
:
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE
: Incident: On January 13, 2009, plaintiff was traveling eastbound on
Boynton Beach Blvd. when an officer activated his lights to initiate a police stop. Officer
attempted to stop plaintiff because she was traveling at approximately 50 miles per hour in a 35
mile per hour zone, and there was an obstruction on the license plate preventing him from
running the tag. Plaintiff continued driving through her neighborhood until she arrived home.
Plaintiff alleges she was afraid to stop due to the officer’s vehicle being an unmarked vehicle.
Plaintiff alleges false arrest, excessive force, and Civil Rights violation. Her court case was
“nolle prossed” on April 9, 2009.
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9. A
PUBLIC HEARING
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve request for Major Site Plan Modification to
EQUESTED CTION BY ITY OMMISSION
construct a one-story, 6,430 square foot restaurant building, including conversion of former Ball
Park Café space (9,000 square feet) to ancillary hotel space, and related site improvements.
Applicant: Bradley Miller, Miller Land Planning, Inc.
ER:
Bradley Miller, of Miller Land Planning, Inc., representing
XPLANATION OF EQUEST
Oprock Boynton Fee, LLC, is proposing to construct a one-story, 6,430 square foot
Buffalo Wild Wings restaurant building in the parking lot between the Marriott Courtyard
Hotel and Congress Avenue. As a part of the project, a section of the parking lot will be
reconfigured to accommodate the new building, and the vacant, former Pete Rose Ball
Park Café space adjoining the hotel is planned to be converted to ancillary hotel space
to subsequently provide further hotel amenities or commercial space.
th
The Planning & Development Board heard this request at their June 24 meeting and
recommends approval.
H?
N/A.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Increase in property taxes and fees associated with building permits
ISCAL MPACT
and business tax.
A:
None recommended.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-014
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: June 16, 2014
PROJECT NAME/NO: Buffalo Wild Wings / MSPM 14-001
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
Oprock Boynton Fee, LLC
Applicant:
Bradley Miller, Miller Land Planning, Inc.
Location:
Marriott Courtyard at Catalina Centre – 1601 North
Congress (see Exhibit “A” – Location Map)
Existing Land Use:
Local Retail Commercial (LRC)
Existing Zoning:
Community Commercial (C3)
Proposed Land Use:
No change proposed
Proposed Zoning:
No change proposed
Proposed Use:
Request major site plan modification approval to construct a one-
story, 6,430 square foot restaurant building, including conversion
of former Ball Park Café space (9,000 square feet) to ancillary
hotel space, and related site improvements.
Acreage:
9.64 acres total / 0.91 acres affected with new restaurant
Adjacent Uses:
Developed commercial properties, including Marriott
North:
Courtyard Hotel, Blue Cross-Blue Shield offices and Catalina Shopping
Centre, each with a Local Retail Commercial (LRC) future land use
classification, and zoned Community Commercial (C3);
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South:
Additional hotel parking, with a Local Retail Commercial (LRC)
future land use classification, and zoned Community Commercial (C3),
and farther south right-of-way for the L.W.D.D. C-16 Canal;
East:
Right-of-way for Congress Avenue, and farther east developed mixed use
property (Renaissance Commons), with a Development of Regional Impact (DRI) future
land use classification, and zoned Suburban Mixed Use (SMU); and
West:
Marriott Courtyard Hotel, and farther west is a developed
residential property Savannah Lakes with a High Density Residential
(HDR) future land use classification, and zoned Planned Unit
Development (PUD).
Site Details:
The project site is part of the Marriott Courtyard Hotel parking lot of the
Catalina Centre shopping center, located on the west side of Congress
Avenue, immediately north of the Lake Worth Drainage District C-16
Canal and Savannah Lakes Drive. The lease parcel is slightly less than
one acre of the total 9.64 acre Marriott property, which shares a cross
access and cross parking agreement with the Catalina Centre.
BACKGROUND
Proposal:
Bradley Miller, of Miller Land Planning, Inc., representing Oprock Boynton
Fee, LLC, is proposing to construct a one-story, 6,430 square foot Buffalo
Wild Wings restaurant building in the parking lot between the Marriott
Courtyard Hotel and Congress Avenue. As a part of the project, a section
of the parking lot will be reconfigured to accommodate the new building
and the vacant, former Pete Rose Ball Park Café space adjoining the
hotel is planned to be converted to ancillary hotel space to provide further
hotel amenities or commercial space at some time in the future.
ANALYSIS
Concurrency:
Traffic:
A traffic statement for the proposed project was sent to the Palm Beach
County Traffic Division for concurrency review in order to ensure an
adequate level of service. A traffic concurrency approval letter was
received from Palm Beach County indicating that 42 AM peak hour trips
and 41 PM peak hour trips would be generated as a result of this project
and that no permits are to be issued after the build-out date of 2016.
School:
School concurrency is not required for this type of project.
Utilities:
The City’s water capacity, as increased through the purchase of up to 5
million Gallons of potable water per day from Palm Beach County Utilities,
would meet the projected potable water for this project. Sufficient
sanitary sewer and wastewater treatment capacity is also currently
available to serve the project, subject to the applicant making a
firm reservation of capacity, following site plan approval.
Police / Fire:
Staff reviewed the site plan and determined that current staffing levels
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would be sufficient to meet the expected demand for services.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be
adequate and is recommending that the review of specific drainage
solutions be deferred until time of permit review.
Vehicular Access:
The site plan (Sheet SP-1) shows that three (3) primary points of
ingress/egress are proposed for the new building. The first, is an existing
right-in/right-out driveway opening from Savannah Lakes Drive,
immediately south of the proposed building, which is currently utilized to
access the hotel property from Congress Avenue. The second and third
points of ingress/egress are existing inter-parcel access points to the
north of the proposed building through Catalina Centre, connecting with
Catalina Drive and a fully signalized intersection with Congress Avenue.
Circulation:
Vehicular circulation from each driveway would include two-way
circulation that continues throughout the parking lot. Parking is proposed
on all sides of the building and sidewalks have been provided to connect
with the building entrance. Pedestrian connectivity would be provided on
site via a walkway that would extend from the sidewalk along South
Congress Avenue, as well as from the hotel sidewalk. A covered bike
rack is proposed along the north side of the restaurant building.
Parking:
The site plan (Sheet SP-1) proposes a 6,430 square foot restaurant
building, which requires parking spaces be provided at a rate of 1 space
per 100 square feet of building or 1 space per 2.5 indoor seats, whichever
is greater. In this instance, the 228 indoor seats would require the greater
number of parking spaces (92 spaces). The construction of the new
restaurant in the hotel parking lot would eliminate 60 existing parking
spaces. The hotel site currently has 427 parking spaces on site, as well as
a shared parking agreement as part of Catalina Centre. With the loss of
60 parking spaces, the hotel site would have a total of 367 available
parking spaces on site. Based upon the required parking for the hotel (221
spaces), and proposed Buffalo Wild Wings restaurant (92 spaces), there
is an excess of 54 parking spaces to accommodate the former Pete Rose
Ball Park Café space. As previously noted, the hotel operator is
considering utilizing the space for ancillary hotel purposes to provide
further hotel amenities or commercial use at some time in the future. If the
amenities are wholly for hotel guests, no additional parking is required. If
the amenities are open to the general public, retail or office in nature, then
parking would be required for the future use. Based upon the 9,000
square foot size of the former café space, if it was totally utilized for retail
purposes, the parking would be calculated at 1 space per 200 square feet
of building, requiring 54 parking spaces, the exact number of excess
spaces on site. Should the space be utilized again as a restaurant, open
to the general public, a minimum of 90 parking spaces would be required
based on the square footage, which could increase based upon the
ultimate number of seats. As previously noted, the property has a shared
parking agreement with Catalina Centre. An updated Shared Parking
Analysis was conducted in conjunction with the proposed new restaurant
to ensure adequate parking was provided for all uses on each site. The
analysis concluded there are a total of 1,102 parking spaces between the
two sites. The City code requires a parking buffer to account for any
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unforeseen parking demand peculiar to the site or operational
characteristics that might not be captured in a standard analysis. The
buffer reduces the available parking for calculating demand and supply for
all users to 1,002 parking spaces. The parking study concludes that the
peak demand for all users is 949 spaces, resulting in a surplus of 53
spaces.
All proposed parking stalls, including the size and location of the handicap
space, were reviewed and approved by both the Engineering Division and
Building Division. In addition, all necessary traffic control signage and
pavement markings will be provided to clearly delineate areas on site and
direction of circulation.
Landscaping:
The landscape plan (Sheet LP-1) depicts the existing landscape buffer
adjacent to Congress Avenue associated with the hotel property, which
includes Green Buttonwood trees and Sabal palms. Since the Sabal
palms do not meet the FPL “right tree-right place’ guidelines, staff is
recommending relocation of these palms to elsewhere on the site, and
replacement with landscape material comparable with the remainder of
the Catalina Centre perimeter landscape buffer (see Exhibit “C” –
Conditions of Approval). The balance of the landscaping is proposed
around the new building and the reconfigured parking area. The plan
depicts the use of East Palatka Holly, Live Oak, Tabebuia and Cassia
canopy trees and Alexander, Foxtail and Montgomery palm trees. Typical
shrubs would include Cocoplum, Ligustrum, Indian Hawthorn,
Podocarpus, Croton and Dwarf Jasmine.
The pervious area for the restaurant outparcel would total 18%, and
consists of foundation landscaping and landscape islands. The
landscape code requires that 50% or more of the plant material be native
species or low to medium water demand varieties. The plant list (Sheet
LP-1) indicates that 53% of the trees would be native and/or drought
tolerantspecies. Also, the landscape plan indicates that a total of 94% of
shrub and groundcover material would be categorized as drought
tolerant. The code also limits the use of sod to larger open spaces for
passive or active recreation purposes, as well as swales, water detention
and retention areas, in an effort to reduce water consumption. The
landscape plan does not propose the use of any sod within the area
affected by the construction of the restaurant building, as per staff
direction, the applicant has substituted groundcover materials such as
Dwarf Jasmine, Green Island Ficus and African Iris in areas where sod
would normally be used.
Building and Site:
The proposed building is designed as a one (1)-story structure with
parapet walls at two (2) varying heights to provide architectural character
to the structure, as well as a hip roof tower feature above the building
entrance. The tower feature, with the clay tile roof, was designed to be
complimentary to the hotel and other buildings within the shopping center,
as well as provide a secured and screened area for the air conditioning
units. The proposed building placement complies with the minimum
setbacks of the C3 zoning district, which are 20 feet for the front and side
corner, and zero (0) feet for the interior side setback. The rear setback
would not apply, as the building is an outparcel of the hotel. The proposed
building would be setback in excess of 430 feet from the north property
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line (interior side), 60 feet from the east property line (front) and 72 feet
from the south property line (side corner).
The floor plan (Sheet A-1.0) indicates the proposed restaurant would
have 225 seats inside and another 60 seats on the covered patio along
the south side of the building. The interior seating consists of both high
top and low top tables, booths and seating at the small bar area. Patio
dining would consist of mostly low top tables and a couple high tops.
Building Height:
The building elevations (Sheets A-2.0 & A-2.1) indicate the highest point
of the structure would be the hip roof at the building entry, at a height of
36 feet, with the typical parapet wall at 20 feet, well below the maximum
of 45 feet allowed in the C3 zoning district and comparable with other
buildings in the vicinity.
Design:
The proposed building utilizes many similar design features as other
buildings in the immediate vicinity, including clay tile roof areas, tower
features, and neutral colors. According to the “Legend” shown on Sheets
A-2.0 & A-2.1, the main body paint colors of the building would be a light
peachy cream color and a medium peachy tan, “Orange Froth” – BM 151
and “Grand Canyon” – BM 118 respectively. These colors were chosen to
compliment the colors of the Catalina Shopping Centre, “Creamery’ – SW
6358 and “Chivalry Copper” – SW 6353, which are nearly identical in
color. The corporate identity for the restaurant is focused around the
building entry with their standard yellow and black combination. The two-
story entry wall is proposed to be painted a bold yellow “Citrus” – SW
6906. The steel channel beams and awnings would be black. The
trim/accent color would be an off-white “Light Buff” – SW 0050. The
awnings were added by the applicant to further the compatibility of the
building design with surrounding buildings.
Public Art:
The applicant has indicated they have not selected the proposed artwork
or artist at this time. Ultimate review and approval of the artist and artwork
would be under the purview of the Arts Commission.
Site Lighting:
The photometric plan (Sheet E-1) proposes a total of five (5) new
freestanding lights in the parking lot. The freestanding lights would be
concrete pole lights, designed and installed to match the existing poles
and fixtures already existing in the parking lot. A condition of approval has
been added to ensure the light fixture has a flush lens to reduce the
amount of glare visible from off the property(see Exhibit “C” – Conditions
of Approval).
Signage:
Wall signage would consist of internally illuminated white reverse channel
lettering. The sign over the entry will have the white reverse channel
letters installed on a black aluminum background along with the black,
yellow and white circular corporate logo. The existing freestanding sign,
previously used for the Pete Rose Ball Park Café, will be refaced with the
new Buffalo Wild Wings moniker.
RECOMMENDATION
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The Development Application Review Team (DART) has reviewed this request for major site
plan modification approval and recommends approval contingent upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by
the Board or City Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Buffalo Wild Wings\MSPM 14-001\Staff Report.doc
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EXHIBIT “C”
Conditions of Approval
Project Name: Buffalo Wild Wings
File number: MSPM 14-001
nd
Reference: 2review plans identified as a Major Site Plan Modification with a May 13,
2014 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Live Oaks trees on sheet LP-1 appear to be conflicting with the
water meter and RPZ on the conceptual PDW & Sewer sheet. In
general, palm trees will be the only tree species allowed within utility
X
easements. Canopy trees may be planted outside of the easement
so that roots and branches will not affect those utilities within the
easement in the near future.
2. Please submit a letter from a tree moving company verifying that the
remainder of the Live Oak trees cannot successfully be relocated
elsewhere on the site due to their poor health or size. X
(Environmental Protection, Chapter 4, Article 1, Sec. 3C.1-6 pp. 4,
5)
3. The existing palms and shade trees on the site located under the
overhead FP&L wires are not the “right-tree-right-place” species.
FP&L requires these trees to be relocated (Sabal palms) and
removed / replaced with the proper species. This should be X
included as part of the Major Site Plan Modification since similar
work will be performed on the interior of the site where the structure
is proposed to be built.
FIRE
Comments: None
POLICE
Comments: None, all items addressed by applicant.
BUILDING DIVISION
Comments:
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DEPARTMENTS
INCLUDE REJECT
4. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
X
(Development Application Review Team) process does not ensure
that additional comments may not be generated by the commission
and at permit review.
5. Buildings, structures and parts thereof shall be designed to
withstand the minimum wind loads of 170 mph. Wind forces on
every building or structure shall be determined by the provisions of X
ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind
Loads).
6. Identify within the Site Data the finished floor elevation (lowest floor
elevation) that is proposed for the building. Verify that the proposed
elevation is in compliance with regulations of the code by adding
specifications to the Site Data that address the following issues:
A. The design professional-of-record for the project shall add the
following text to the Site Data: “The proposed finish floor
elevation___.__ NGVD is above the highest 100-year base flood
elevation applicable to the building site, as determined by the
X
SFWMD’s surface water management construction development
regulations.
B. From the FIRM map, identify in the Site Data the title of the flood
zone that the building is located within. Where applicable,
specify the base flood elevation. If there is no base flood
elevation, indicate that on the plans.
C. Identify the floor elevation that the design professional has
established for the building within the footprint of the building
that is shown on the drawings titled Site Plan, Floor Plan and
Civil Plan.
7. At time of permit review, submit signed and sealed working
X
drawings of the proposed construction.
8. CBBCPP 3.C.3.4 requires the conservation of potable water. City
water may not, therefore, be used for landscape irrigation where
X
other sources are readily available.
A water-use permit from SFWMD is required for an irrigation
9.
system that utilizes water from a well or body of water as its
X
source. A copy of the permit shall be submitted at the time of
permit application, F.S. 373.216.
At time of permit review, submit separate surveys of each lot,
10.
X
parcel, or tract.
11. Pursuant to approval by the City Commission and all other
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
X
application submittal. The plans must incorporate all the
conditions of approval as listed in the development order and
approved by the City Commission.
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DEPARTMENTS
INCLUDE REJECT
12. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
911.
X
a. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard –
561-734-0872)
13. Sheet A-1.0 – The benches at the entry and queuing areas shall
comply with the 2010 Florida Accessibility Code, Section 903.
X
PARKS AND RECREATION
Comments: None
PLANNING AND ZONING
Comments:
14. It is the applicant’s responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004 and an affidavit provided to the City X
Clerk.
15. Please indicate the color of the light pole and light fixture, and place
a note on the plans that the light fixture will be designed without a X
drop lens.
16. On Sheet LP-1, please continue the foundation landscape design
along the east side of the garden wall of the patio seating area, on X
either side of the gate opening.
17. Please complete the Art in Public Places form and revise the site
plan, landscape plan and all other appropriate plans to depict
location of required public art. It is recommended you coordinate this X
effort with Debby Coles-Dobay, Public Arts Administrator (561-742-
6026) prior to the DART meeting.
18. Applicants who wish to utilize City electronic media equipment for
recommended PowerPoint presentations at the public hearings must
notify the project manager in Planning and Zoning and submit a CD X
of the presentation at least one week prior to the scheduled
meeting.
COMMUNITY REDEVELOPMENT AGENCY
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DEPARTMENTS
INCLUDE REJECT
Comments: N/A
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Buffalo Wild Wings\ MSPM 14-001\COA (after P&D).doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Buffalo Wild Wings (MSPM 14-001)
APPLICANT: Bradley Miller, Miller Land Planning
APPLICANT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2014
APPROVAL SOUGHT: Major Site Plan Modification approval to construct a one-
story, 6,430 square foot restaurant building, conversion of
former Ball Park Café space to ancillary hotel space and
related site improvements, located at 1601 North Congress
Avenue, and zoned C3 (Community Commercial).
LOCATION OF PROPERTY: 1601 North Congress Avenue, on the west side, immediately north of
the C-16 Canal.
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Buffalo Wild Wings\MSPM 14-001\DO.doc
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13. A
LEGAL
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Pursuant to Section 286.011(8), Florida Statutes, a
EQUESTED CTION BY ITY OMMISSION
private attorney-client session of the City Commission is requested for August 19, 2014 to
discuss pending litigation in the following case:
YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant
Case No. 502013CA012688XXXXMB (slip & fall)
ER:
In attendance during discussion of the LAURENT Case will be
XPLANATION OF EQUEST
Mayor Jerry Taylor, Vice Mayor Joe Casello, Commissioners David Merker, Mack McCray and
Michael Fitzpatrick, City Attorney James Cherof, Special Litigation Counsel Benjamin Bedard,
and City Manager Lori LaVerriere. Thirty minutes is requested.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Fee for the Court Reporter
ISCAL MPACT
A:
N/A
LTERNATIVES
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14. A
FUTURE AGENDA ITEMS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Resolution adopting the 2014 CDBG One-Year
EQUESTED CTION BY ITY OMMISSION
Action Plan - August 5, 2014
ER:
City Commission will review the CDBG One-Year Action
XPLANATION OF EQUEST
Plan for FY 14/15, developed with the activities recommended and approved by
Commission on June 3, 2014, at the August 5, 2014 Commission meeting.
Approval of a Resolution adopting the plan will be required for transmittal to The U.S.
Department of Housing and Urban Development (HUD) in order to meet the August 15,
2014 submittal deadline.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
463 of 464
14. B
FUTURE AGENDA ITEMS
July 15, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 16, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discuss impact of pending legislation legalizing
EQUESTED CTION BY ITY OMMISSION
restricted use of medical marijuana. TBD
ER:
Vice Mayor Casello requested a future agenda item for
XPLANATION OF EQUEST
discussion of the impact of this legislation on city zoning, business licenses, etc. This
item will be scheduled for an August commission agenda.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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