Agenda 10-20-09 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, OCTOBER 20, 2009
6:30 PM
City Commission
AMENDED AGENDA
Jerry Taylor
Mayor - At Large
Woodrow Hay
Vice Mayor - District II
Ron Weiland
Commissioner - District I
Jose Rodriguez
Commissioner– District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
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City Clerk
www.boynton-beach.org
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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 Ron Weiland
D. Agenda Approval:
1. Additions, Deletions, Corrections
A. Clarification and interpretation of Zoning Code regarding uses in
the M-1 Zoning District.
2. Adoption
2. OTHER
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
None
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 on the Historical
Preservation Ad Hoc Committee.
B. Accept the resignation of Lynda H. Frederick, a regular member of the Golf
Advisory Board.
C. Accept the resignation of John E. McGovern, a regular member of the Library
Board.
D. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
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A. Approve the Minutes from the City Commission meeting held on September 22,
2009.
B. Approve the Minutes from the City Commission meeting held on October 6,
2009.
PROPOSED RESOLUTION NO. R09-117
C. -- Approve piggybacking the City of
Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, Florida
to rehabilitate the City’s wastewater gravity manholes for a project cost of
$256,314.00 with a 15% contingency of $38,447.00 for a total project cost of
$294,761.10.
D. Approve appropriation of $446,722.50 from the Fuel Island Improvement
Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for
required Fuel Tank Replacement Project (project #RP1001).
PROPOSED RESOLUTION NO. R09-145
-- Approve the Piggy-Back of Palm
Beach County School Board RFP #09C-018K with Lutz Petroleum Equipment
Installations, Inc., of Pompano Beach, Florida, for Labor, Equipment and
materials for the installation and start up of a new above ground storage tank
system and removal of the current underground storage tanks for a total cost of
$446,722.50, which includes a five (5%) contingency. (Tabled on October 6,
2009)
PROPOSED RESOLUTION NO. R09-148
E. -- Approve and authorize the
execution of a two year contract for the RE-BID TO RE-BID FOR THE TWO-
YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES, Bid# 067-
2110-09/JA, to Staffing Connection/Action Labor of West Palm Beach, Florida
for an estimated annual expenditure of $304,170.00.
PROPOSED RESOLUTION NO. R09-149
F. -- Approve and authorize the
execution of a Contract for “BOAT CLUB PARK RENOVATIONS” Bid # 065-
2730-09CJD to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach,
Florida in the amount of $220,900 with a 10% contingency of $22,090 for a total
project cost of: $242,990.
PROPOSED RESOLUTION NO. R09-150
G. -- Approve the award of the ANNUAL
SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" Bid #052-
2821-09/JA, to Shannon Chemical Corporation, of Malvern, Pa. for an estimated
annual expenditure of $ 52,990.
PROPOSED RESOLUTION NO. R09-151
H. -- Approve the "First Amendment -
Agreement for the Provision of Supplemental Police Services" between the CRA
and the City.
PROPOSED RESOLUTION NO. R09-152
I. -- Approve execution of the first
amendment to the Palm Beach Co. Recreation Assistance Program (RAP)
Agreement in an amount not to exceed $7,000 to help offset costs of the 2009
Heritage Celebration.
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PROPOSED RESOLUTION NO. R09-153
J. -- Approve the Interlocal agreement
between the Board of County Commissioners, Palm Beach County, Florida, and
the City of Boynton Beach, Florida authorizing the City of Boynton Beach to enter
into a 1 year agreement to receive funding in the amount of $279,900 as a
partner in the continued planning and implementation of the Youth Violence
Prevention Program (YVPP) in the target area in the City of Boynton Beach.
PROPOSED RESOLUTION NO. R09-154
K. -- Approve an Agreement with
RESPECT of Florida for janitorial services at the Utility Department’s
Administration Building, East Water Treatment Plant and West Water Treatment
Plant for an annual expenditure of $49, 960.84.
PROPOSED RESOLUTION NO. R09-155
L. -- Approve a new inter-local
agreement with the Solid Waste Authority (SWA) for delivery of municipal
recycling to their new facility with a revenue sharing program.
PROPOSED RESOLUTION NO. R09-156
M. -- Approve the sixty-three (63) month
Application Service Provider agreement with SunGard Public Sector Inc.,
effective October 1, 2009, to host their integrated HTE government application-
software package and the City's data at SunGard's secure Georgia data-center.
The total sixty-three (63) month cost is $879,765 (minus a $30,332.82 credit for
October 1 through December 31, 2009), in accordance with the attached
“Schedule A – Order Form”.
PROPOSED RESOLUTION NO. R09-157
N. -- Execute the Interlocal Agreement
(ILA) with the Town of Ocean Ridge to allow beach patrons who have purchased
annual parking permits to park at designated spaces at the west end of the Town
Hall parking lot at times when the Oceanfront Park parking lot is in an overflow
status.
PROPOSED RESOLUTION NO. R09-158
O. -- Approve the Interlocal Agreement
between the City of Lake Worth and the City of Boynton Beach for building,
planning and related administrative services.
PROPOSED RESOLUTION NO. R09-159
P. -- Authorize entering into a contract
with Palm Beach County Housing and Community Development, implementing
activities under the 2005 Disaster Recovery Initiative Program, and receiving
maximum reimbursement of $1,629,170.
PROPOSED RESOLUTION NO. R09-160
Q. -- Approve the Interlocal Agreement
between Palm Beach County (PBC) and the City of Boynton Beach for
participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program,
which provides vouchers to the public that may be redeemed for swimming
lessons at the John Denson Pool.
PROPOSED RESOLUTION NO R09-161
R. -- Approve the FY 2008-09 (a) transfer
of budgeted funds from the Fire Assessment Fund to the General Fund in the
amount of $3,174,665 and (b) increase the General Fund authorized
appropriation and related budget of such funds in the same amount of
$3,174,665.
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S. Accept the monthly report on the major projects being completed by the
Recreation and Parks Department.
T. Release all surety for the water and sewer systems for the project known as
Waterside, including the surety for offsite improvements, in the amount of
$48,825.65, and refunding this amount to Southern Homes of Palm Beach, LLC,
the developer of the project.
U. Motion to release all surety for the water and sewer systems for the project
known as Renaissance Commons, Phase VI, and returning Letter of Credit no.
SM222405W from Wachovia Bank to the developer of this project.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
8. 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.
Baywalk, (SPTE 09-007)
A. , Site Plan Time Extension, located at 3103 South
Federal Highway; west side of Federal Highway, approximately 1/8 mile south of
Old Dixie Highway. Request approval of a one (1)-year site plan time extension
for a new site plan (NWSP 08-001) approved on January 2, 2008, thereby
extending site plan approval from July 2, 2009 to July 2, 2010. Applicant: Alberto
Herrera, P.E., Development Consulting Group, Inc. Staff and Board recommend
item be approved.
High Ridge Academy, (COUS 09-005) (MSPM 09-007),
B. Conditional Use / Major
Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of
Gateway Boulevard and Park Ridge Boulevard. Request approval for conditional
use / major site plan modification to allow for the conversion of an existing 14,692
square foot office building to a preschool/day care use. Applicant: 1325 Gateway
LLC. The Planning and Development Board recommends, and staff concurs,
that the item should be TABLED allowing submission of confirmation regarding
vehicle stacking capacity, taking into consideration both the traffic movement and
peak period characteristics of the subject use and the two other adjacent
schools. (Planning and Development Board and staff recommend tabling)
First American Bank Office Complex, (MSPM 09-008),
C. Major Site Plan
Modification, located at 1301 N. Congress Avenue. Request approval of a major
site plan modification and shared parking study to convert 15,000 square feet of
an existing 40,000 square foot office building to medical uses. Applicant: TP
Eleven LLC.
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9. CITY MANAGER’S REPORT
A. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual
contract adjustments in the current Police and Fire/EMS Services contracts and
2) Water/Sewer charges.
PROPOSED RESOLUTION NO. R09-162
B. -- Approve the intent of the City to
reimburse expenditures incurred prior to the issuance of bonds or another form of
financing for the City's Water & Sewer Utility System.
Authorize a short-term inter-fund loan in the maximum amount of $15,000,000
with interest at the annual rate of 3% from the Utility System Capital Expansion
Fund to the Utility System Capital Repair & Replacement Fund.
C. Approval of a settlement agreement between the City of Boynton Beach and
Sessoms Construction Company, Inc for the Boynton Beach Library construction
project.
D. Authorize amendment to Resolution 95-190 allowing extension of agreement with
Boynton Beach Mall (Boynton JCP Associations, LTD) until May 31, 2012 and
extension of two years from the current expiration of May 31, 2010.
10. FUTURE AGENDA ITEMS
A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in
Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville,
FL to rehabilitate the City’s wastewater gravity main lines for a project cost of
$1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of
$2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to November 3,
2009)
B. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification from Medium Density
Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to
December 1, 2009)
C. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land
located on the northwest corner of High Ridge Road and Miner Road from Planned Unit
Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-
001) (Tabled to December 1, 2009)
11. NEW BUSINESS
None
12. LEGAL
PROPOSED ORDINANCE NO. 09-0431ST READING
A. -- -- Adopt Ordinance
authorizing the use of Development Agreements.
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13. UNFINISHED BUSINESS
None
14. ADJOURNMENT
NOTICE
,/
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING HESHE
,,/
WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
,.(..286.0105)
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED FS
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
,,.PAM
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE PROGRAM OR ACTIVITY CONDUCTED BY THE CITY PLEASE CONTACT
WELSH,(561)742-6013-
AT LEAST TWENTYFOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
.
ACCOMMODATE YOUR REQUEST
AC’.I
DDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE ITYS WEB SITE NFORMATION REGARDING
C’OCC.
ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE ITYS WEB SITE CAN BE OBTAINED FROM THE FFICE OF THE ITY LERK
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1. A
OPENINGS
October 20, 2009
COBB
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AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
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RACC:
Clarification and interpretation of Zoning Code regarding
EQUESTED CTION BY ITY OMMISSION
uses in the M-1 Zoning District.
ER:
This item was requested by Commissioner Ronald Weiland.
XPLANATION OF EQUEST
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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5. A
ADMINISTRATIVE
October 20, 2009
COBB
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October 20, 2009
OMMISSION EETING ATE
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RACC:
Appoint eligible members of the community to serve on the
EQUESTED CTION BY ITY OMMISSION
Historical Preservation Ad Hoc Committee.
ER:
At the July 21, 2009 City Commission meeting, staff brought
XPLANATION OF EQUEST
forward an informational report on establishing a Historic Preservation Ordinance for the City
of Boynton Beach. Members of the Commission voted unanimously to direct staff to begin the
process of creating a Historical Preservation Ordinance and program by establishing a
Commission appointed Ad Hoc Committee.
A list of interested persons were brought forward to the Commission at the September 1, 2009
City Commission meeting for consideration for appointment. The Commission indicated at that
time that a formal application process should take place, similar to application for a City
Advisory Board.
An application and explanation of the Ad Hoc Committee was featured on the Home Page of
the city’s website with a submittal deadline of October 9, 2009. Staff is now bringing forward
for consideration those applications received by the deadline for the Ad Hoc Committee.
H?
The creation of a Commission appointed
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Ad Hoc Committee would further along the process toward creating a comprehensive Historic
Preservation Ordinance by securing community support, creating a current mapping of historic
resources, and identifying possible funding mechanisms.
In order to best address the issues of Historic Preservation, staff has recommended selection
criteria that the Commission may or may not wish to take into consideration. Namely, staff
recommends that selection of Ad Hoc Committee members fall into one of several groups, with
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a minimum in each group to create a working group of manageable size. Staff suggests the
following:
One (1) person who is an owner/occupant of a local historic property.
One (1) person who is a professional architect or developer.
One (1) person who is a property manager, contractor or builder.
Two (2) persons who are a historic preservationist, “expert” or experienced individual in
historic preservation.
FI:
None at this time, with the exception of staff hours needed to assist the Ad
ISCAL MPACT
Hoc Committee.
A:
1.) Not to appoint an Ad Hoc Committee. 2.) Continue the application process
LTERNATIVES
and actively recruit members through targeted mailings.
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APPLICANTS FOR HISTORIC
PRESERVATION AD HOC COMMITTEE
Adams, Warren
Block, Jason
Hendricks, Gaylord
Henry, Ayesha
Holzman, Steven
Jones, Eric
McGovern, John
Montross, Cliff
Ready, Barbara
Stabile, Linda
Waite, Juan
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5. B
ADMINISTRATIVE
October 20, 2009
COBB
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CMD:
October 20, 2009
OMMISSION EETING ATE
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RACC:
Accept the resignation of Lynda H. Frederick, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Golf Advisory Board.
ER:
Lynda Frederick has submitted a letter of resignation stating her
XPLANATION OF EQUEST
reason as health issues.
H?
The Golf Advisory Board will have a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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5. C
ADMINISTRATIVE
October 20, 2009
COBB
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CMD:
October 20, 2009
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RACC:
Accept the resignation of John E. McGovern, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Library Board.
ER:
John E. McGovern has submitted a letter of resignation stating his
XPLANATION OF EQUEST
reason as professional responsibilities and other interests.
H?
The Library Board will have a vacant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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5. D
ADMINISTRATIVE
October 20, 2009
COBB
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CMD:
October 20, 2009
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RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards.
.
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various advisory boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
The boards listed will not be full boards
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and may compromise the efficiency of the individual board.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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Appointment Length of Term
To Be Made Board Expiration Date
I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (tabled 2)
III Rodriguez Cemetery Board Alt 1 yr term to 12/09
II Hay Cemetery Board Reg 3 yr term to 12/09 (Tabled 2)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/09
Mayor Taylor Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
I Weiland Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2)
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3)
Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 3)
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 3)
IV Ross Library Board Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Library Board Alt 1 yr term to 12/09 (Tabled 3)
IV Ross Planning & Development Board Alt 1 yr term to 12/09
II Hay Recreation & Parks Adv. Bd. Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Recreation & Parks Adv. Bd. Alt. 1 yr term to 12/09 (Tabled 2)
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Last Name First 1 st Choice 2 nd Choice 3 rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
McVey Jack Recreation &
Parks
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy
arises.
S
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6. A
CONSENT AGENDA
October 20, 2009
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RACC:
Approve the Minutes from the City Commission meeting
EQUESTED CTION BY ITY OMMISSION
held on September 22, 2009.
ER:
The City Commission met on September 22, 2009 and minutes
XPLANATION OF EQUEST
were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida
Statutes provide that minutes of all Commission meetings be prepared, approved and
maintained in the records of the City of Boynton Beach.
H?
A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, SEPTEMBER 22, 2009
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Woodrow L. Hay, Vice Mayor James Cherof, City Attorney
Ron Weiland, Commissioner Janet Prainito, City Clerk
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
Mayor Taylor called the meeting to order at 6:34 p.m. followed by an invocation given by Vice Mayor
Hay and the Pledge of Allegiance to the Flag.
nd
1. CONDUCTING THE 2 BUDGET PUBLIC HEARING FOR DISCUSSION OF THE FISCAL
YEAR 2009/10 MILLAGE AND BUDGET**
2. PROPOSED RESOLUTION NO. R09-138 RE: ADOPTING THE FINAL
MILLAGE RATE FOR FISCAL YEAR 2009/10
Attorney Cherof read Proposed Resolution No. R09-138 by title only.
Mayor Taylor opened the issue for public hearing.
Dionna Brahs, Vice President of Government Affairs for the Realtors’ Association of the Palm Beaches,
spoke regarding the millage rate and thanked those Commissioners who had aggressively attempted to
maintain or lower the current millage rate with deeper budget cuts. All realtors would remain
dedicated to lowering the cost burden of homeownership on taxpayers. She urged the Commission to
consider the residents barely able to survive and who would be greatly impacted by any increase. Her
contention was any tax decrease should be awarded to the individual owner and not unfairly increased
through a higher millage rate. Increases in millage would delay a full economic recovery.
Nancy Hogan, 37 Hibiscus Way, Ocean Ridge and taxpayer within the Community Redevelopment
Agency area, indicated she was a realtor and Certified Public Accountant in the State of Florida. She
expressed her thanks for the efforts of the Commission and City staff to seek a solution to the budget
crisis. All citizens need to work toward recovery including solid real estate, good investments and love
of community. She urged the Commission to maintain the current millage rate.
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Allen Hendricks, 122 SE 4 Avenue, thanked the Commission for their service and efforts to reduce
the millage rate. During tough economic times, there are opportunities and he suggested it may be
the appropriate time to invest in the City of Boynton Beach.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner Rodriguez recalled his previous proposals to reduce costs and establish a lower millage
rate. He returned to his proposal to further reduce memberships, publications and meetings, stressing
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that the monies budgeted were not for training. The training budget is $300,000. Commissioner
Rodriguez requested reconsideration of reducing the memberships and meetings line item by $50,000.
Mayor Taylor recalled the motion had failed 3-2 and Commissioner Rodriguez was not on the prevailing
side of the vote. Discussion on the topic would not be permitted unless a motion for reconsideration
was approved.
Attorney Cherof clarified the rules for the final budget hearing would include any and all budget
discussions. The previous motion only related to the tentative budget and the matter before the
Commission was the final budget.
Commissioner Rodriguez repeated his suggestion to reduce the budget for meetings, memberships and
publications by 25% and the City Manager had confirmed he could work with the reduced amount.
Mayor Taylor noted the City Manager would have no choice. He did not see the logic in reducing the
budget item further since it had already been reduced by the City Manager across the board.
Vice Mayor Hay agreed with Mayor Taylor and would not change his position of supporting the City
Manager’s reduction only. Commissioner Ross concurred.
Motion
Vice Mayor Hay moved to set the millage rate at 6.726. Commissioner Ross seconded the motion. The
motion passed 4-1. (Commissioner Rodriguez dissenting)
Motion
Vice Mayor Hay moved to adopt Resolution R09-138. Commissioner Ross seconded the motion. The
motion passed 4-1. (Commissioner Rodriguez dissenting)
3. PROPOSED RESOLUTION NO. R09-139 RE: ADOPTING THE FINAL
BUDGET FOR FISCAL YEAR 2009/10
Attorney Cherof read Proposed Resolution No. R09-139 by title only.
Mayor Taylor opened the issue for public hearing.
Michael Osborn, 3712 Coelebs Avenue, Blue Collar Union Steward, reiterated his concerns relating to
car allowances and cell phones. He contended employees were given car allowances and then used
City vehicles to go to meetings and conduct other business. Mr. Bressner agreed it was improper
conduct and discipline would be administered for the abuse of the car allowance program. Mr. Osborn
indicated many blue and white collar employees receive work related calls on their personal cell phones
throughout the work day and were not given a cell phone allowance. There were better plans available
for the City to save considerable money. The phones cost $40 a month and some cell phone
allowances were $100 a month.
Mr. Osborn also brought up the fact that a contractor, AUI, was being paid considerable monies to do
the same job that City employees had done. He also indicated the Utilities Department has six
engineers and pays contract engineers to do most all of the work. He suggested the individuals being
given the extra deferred compensation should being doing the jobs the contractors are being paid to
do for them.
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Clyde Montross, 109 SW 18 Street, was confused about the decision on the new police facility.
Money was spent to do a study that revealed a new facility was needed and it has now been rejected.
The future increase in population warrants preparation for the increase in police protection that would
be required. Mayor Taylor explained monies were not available unless taxes were increased. There
was approval to place the issue on the March election ballot. Mr. Montross did not agree with taking
the police facility out of the budget. It was not a political issue, rather a safety issue.
John McGovern, 2620 Spiceberry Lane, was offended by the assertion that the deferred
compensation previously referred to was compensation and he asserted the monies were a bonus. He
agreed with Mr. Montross on the issue of politicalization (sic) of an important issue. He recalled a
referendum relating to the Library expansion and renovation that was voted down and the Commission
quickly voted to continue with the construction of a new Library. He hoped the vote of the people
would be upheld by the Commission.
Sergio Casaine, 13 Meadows Park Lane, contended the budget should not be approved until the
issues referred to by Mr. Osborn were resolved and the deferred compensation issue revisited. More
work needed to be done to further reduce the budget and further investigate the management
compensation package.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner Weiland commented more work could be done and the budget further reduced to the
current millage rate. However, there has been a compromise from 7.3 mills to 6.7 mills and more work
can be done in the interim for next year’s budget.
Commissioner Rodriguez agreed with Commissioner Weiland and noted ultimately the citizens suffer if
the millage rate is not reduced. County taxes were increasing and would adversely affect many
residents. He would not support the increase in the millage rate.
Motion
Commissioner Ross moved to approve Resolution R09-139. Vice Mayor Hay seconded the motion. The
motion passed 4-1. (Commissioner Rodriguez dissenting)
4. DISCUSSION AND ACTION ON RATIFICATION OF MEMORANDUM(S) OF
UNDERSTANDING WITH UNION(S) TO MODIFY FISCAL YEAR 2009-10
COMPENSATION
Attorney Cherof explained there were ongoing collective bargaining agreements with the three unions
of the Police Department and the firefighters through the IAFF. The same understanding had been
negotiated with all four bargaining units. There would be a wage compensation freeze until September
29, 2010 conceding to the request of the City Manager. There were four Memorandums of
Understanding requiring ratification by the Commission.
Commissioner Weiland thanked the unions and staff for coming to an equitable agreement. It would
be a temporary solution until the economy improved. Commissioner Rodriguez expressed his
appreciation to the union for being willing to negotiate the matter. He agreed it would be on a short
term basis.
Motion
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Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed
unanimously.
** Commissioner Marlene Ross intends to move for reconsideration of the elimination of
deferred compensation for contract staff members to allow for further discussion,
evaluation and action on that budget matter.
Commissioner Ross contended the previous decision was hastily made and premature. It was a very
unfair decision that would affect 24 middle management and upper management employees. All
employees were all accepting no wage increases and changing their the compensation package of a
few would be unfair.
Mayor Taylor agreed the deferred compensation benefit should not be taken away as it would
constitute a 6% salary decrease for those individuals currently receiving the benefit. The deferred
compensation is a recruitment tool and the IRS considers the contribution as salary.
Commissioner Ross added the amounts varied from $2,000 to $12,000 decreases for those individuals
helping to lead the City.
Commissioner Rodriguez agreed with the previous remarks, but alleged the economic climate was
conducive to upholding a bonus package when others were struggling to survive. It is a bonus that
has no impact on their take-home pay. Good leadership starts at the top and these management level
positions should set the example of good stewardship.
Commissioner Ross strongly disagreed and understood it was not a bonus. Insinuating that the
individuals were less than good leaders was offensive and incorrect.
Mayor Taylor noted the City Manager would lose $14,000. Discussion on the priorities of leadership
within the City ensued.
Commissioner Rodriguez questioned the City Manager on when the monies would be received by the
individuals. Mr. Bressner handed out an opinion of the IRS defining deferred compensation plans and
deferred salary versus a salary reduction. The funds are placed in a 457 account that was authorized
in the 1990s for qualified City employees. The monies would be distributed upon retirement at age 65.
Mayor Taylor recalled the City Manager was not given an increase in compensation at the last
evaluation.
Vice Mayor Hay would not change his position on the issue. It was not a bonus, but part of the
compensation package. He agreed with the program.
Motion
Commissioner Ross moved to reinstate the deferred compensation for contract staff. Vice Mayor Hay
seconded the motion.
Commissioner Weiland inquired about the source of funding for the deferred compensation if the
millage rate had been set. Mayor Taylor advised the monies would be budgeted from the contingency
funds.
The motion passed 3-2. (Commissioners Weiland and Rodriguez dissenting)
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** Vice Mayor Woodrow Hay intends to move for reconsideration of the authorization to
use $1,500 for the Boynton Isles Neighborhood Association from Commissioner
Rodriguez’s Community Investment Funds.
Vice Mayor Hay voiced his concern regarding tarnishing the good name of the Commission in light of
the recent Grand Jury report and recommendation regarding ethics and Honest Services fraud. Since
the donation of monies would reduce the cost to Commissioner Rodriguez personally, a possible
conflict had been created. He cautioned that public perception and trust was paramount. He
suggested Commissioner Rodriguez redirect the funds and advised he could not support the donation.
Commissioner Rodriguez reviewed the use of discretionary funds and his request to use his funds to
assist Boynton Isles Neighborhood Association with signage in his community. The sign is on Federal
Highway, on a City right-of-way and not private property. Although the area is included in the
Community Redevelopment Agency area, there are no programs for signage. Commissioner Rodriguez
had also donated funds to other communities for issues relating to hurricane damage. He considered
all of the contributions to be beautification issues along a major corridor in the City of Boynton Beach.
His conscious was clear and he contended he had an obligation to advocate for those communities
within his district. The $20 million spent in the Heart of Boynton Beach where Vice Mayor Hay lives,
was never questioned as a conflict. The will of the Commission prevails.
Commissioner Ross questioned the average price of homes in the Boynton Isles Neighborhood and the
average price of homes in the Heart of Boynton to assess the need. Commissioner Rodriguez
countered that the Commission had a responsibility to address the needs of the entire City. Vice Mayor
Hay noted the Community Redevelopment Agency operated under State statute and could not be
compared to $1,500 in discretionary funds.
Commissioner Rodriguez offered to reimburse the City for his share of the $1,500 donated.
Commissioner Ross was not sure a precedent should be set for reimbursement of funds. Commissioner
Weiland pointed out some homeowner associations are allowed to use City facilities for meetings at no
cost, while the same opportunity is not afforded to all communities within the City of Boynton Beach.
All aspects of assistance to homeowner associations should be reviewed. Mayor Taylor agreed with
Vice Mayor Hay that the funding sources were not comparable. The rules relating to the discretionary
funds were very specific. He disagreed with the advice given by Attorney Cherof that the Commission
could change the rules.
Attorney Cherof clarified his remarks related to changes that could be made if the Commission
determined a public need would be satisfied by the expenditure of the funds. The rules can only be
changed by a separate agenda item and the rules had previously been reviewed by the Commission.
There was a motion to approve the expenditure which infers there was a finding of a public necessity
or need. Attorney Cherof advised the matter before the Commission was a motion to reconsider and
there had been no motion or second, making all the discussion inappropriate.
Motion
Vice Mayor Hay moved to reconsider the $1,500 that was spent for the Boynton Isles Neighborhood
community and spent otherwise. Commissioner Ross seconded the motion.
The motion passed 4-1. (Commissioner Weiland dissenting)
Mayor Taylor offered his opinion that a conflict of interest was created and Commissioner Rodriguez
should be excused from voting on the issue. Funds given to Sterling Village and Colonial Club related
only to the residents of those developments, violating the rule that the monies should not be given to
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private property. Mayor Taylor sought advise from the City Attorney whether Commissioner Rodriguez
should be excused from voting on the motion.
Attorney Cherof cited Chapter 112.3143 of Florida Statutes that requires each Commissioner to vote on
any matter that comes before the Commission with an exception. The exception related to motions
that inures to a Commissioner’s special, private gain. The Florida Commission on Ethics had
determined that expenditure of funds for neighborhoods or rezoning issues, the fact that a
Commissioner lives within the area, would not constitute a special, private gain. The gain is to the
community as a whole and not the individual. All of the Commission has previously voted on issues
that deal with rezoning or expenditure of public funds or public improvement projects in their own
neighborhoods. It was his opinion, the request was not a special, private gain.
Commissioner Rodriguez added it was not a private community because it was not gated and the public
had access all the time.
Motion
Commissioner Rodriguez moved to approve the expenditure for the Boynton Isles Neighborhood sign.
Commissioner Weiland seconded the motion.
Commissioner Ross inquired of the City Attorney, if Honest Services Fraud was a concern for the
Commission. Attorney Cherof stressed every issue that arises is a concern under the law. He
cautioned all the Commission to be as conservative as possible when making decisions about the
projects to support.
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Lee Wische, 1302 SW 18 Street, expressed his concern with the moral ramifications of the three
requests for donations to three communities within Commissioner Rodriguez’s district. In his opinion,
the donations could be perceived as buying votes in the upcoming election. It would seem peculiar to
the ordinary citizen. To provide solidarity, Mr. Wische suggested all discretionary funds should be
eliminated and the approval of funding for all three communities should be rescinded.
Commissioner Rodriguez indicated he had made a motion to eliminate the funds. Mayor Taylor advised
the funds had been eliminated.
The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Ross dissenting)
There being no further business to come before the Commission, Mayor Taylor properly adjourned the
meeting at 7:38 p.m.
(Continued on next page.)
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CITY OF BOYNTON BEACH
_________________________________
Jerry Taylor, Mayor
__________________________________
Jose Rodriguez, Vice Mayor
__________________________________
Ronald Weiland, Commissioner
ATTEST:
__________________________________
Woodrow L. Hay, Commissioner
__________________________
Janet M. Prainito, CMC
City Clerk _________________________________
Marlene Ross, Commissioner
__________________________
Judith A. Pyle, CMC
Deputy City Clerk
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6. B
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Approve the Minutes from the City Commission meeting
EQUESTED CTION BY ITY OMMISSION
held on October 6, 2009.
ER:
The City Commission met on October 6, 2009 and minutes were
XPLANATION OF EQUEST
prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes
provide that minutes of all Commission meetings be prepared, approved and maintained in the
records of the City of Boynton Beach.
H?
A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, OCTOBER 6, 2009
Present:
Jerry Taylor, Mayor Kurt Bressner, City Manager
Woodrow L. Hay, Vice Mayor James Cherof, City Attorney
Ron Weiland, Commissioner Janet Prainito, City Clerk
Jose Rodriguez, Commissioner
Marlene Ross, Commissioner
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay gave the invocation
followed by the Pledge of Allegiance to the Flag led by Mayor Taylor.
Mayor Taylor informed the public of the new electronic format of the agenda that was being
implemented. The goal was to become paperless within a short time, using only laptops to
access the information.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor advised there was an additional item to section 6, Consent Agenda, Item L.
pertaining to a consultant to assist with the development of the Comprehensive Climate Action
Plan.
2. Adoption
Motion
Vice Mayor Hay moved to approve the agenda as presented. Commissioner Ross seconded
the motion. The motion passed unanimously.
2. OTHER
A. Informational Items by Members of the City Commission.
Mayor Taylor announced the Florida Redevelopment Association designated the Boynton
Beach Community Redevelopment Agency as the number one CRA in the State of Florida for
redevelopment.
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Mayor Taylor had attended the Grand Opening of Big Lots and the demolition for the Slohman
Family Center that will be a school for children with autism. There will also be a medical center
and other facilities required for autistic children. It would be an $18 million project.
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The Women’s Circle also had a ground breaking for their new location on 4 Street. The
organization assists citizens less advantaged with job searches and training for job interviews.
Mayor Taylor also announced the passing of Mike Ferguson on September 25, 2009. He
served as a Commissioner and worked hard for the City of Boynton Beach.
Commissioner Ross noted the grand opening of Fire Station #5 and the Emergency Operation
Center. The public was invited to attend commencing at 10 a.m. She had also attended the
Institute for Elected Officials presented by the Florida League of Cities. It was a great
experience and she was glad to have attended.
Vice Mayor Hay had also attended the Institute for Elected Officials. He was very impressed
with the information given covering eight different areas. The topics included the Structure and
Function of Municipal Government in Florida, Risk Control, Presentations, How to be an
Effective Council Person, Taxes and other Sources of Revenues, Budgeting and Accounting,
Understanding Inter-Governmental Relationships in Florida, Florida Ethics and Compliance
with Open Meetings and Open Records Law. He felt very strongly that every elected official in
their first year in office should be encouraged to take the class.
Mayor Taylor had previously attended and agreed. He was pleased both Vice Mayor Hay and
Commissioner Ross were able to attend.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Approve the proposed monument commemorating "The Korean War".
Thomas Kaiser
, Chair of the Veterans Advisory Commission, reviewed the previous
monuments that had been contributed by the veterans for Bicentennial Park with the goal to
have a monument for every conflict. A World War I monument would be unveiled on
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November 11, 2009. The Lost Battalion of the 77 Division would be honored with a pigeon on
the monument commemorating the carrier pigeon that flew 30 miles to his cage, after being
shot, with the message that troops were surrounded and needed assistance. Mayor Taylor
was presented with a replica of the pigeon. On December 7, 2009 a monument for Pearl
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Harbor would be unveiled. June 2010 would be the 60 anniversary of the Korean War and in
the fall of 2010 there would be a monument for the Vietnam conflict installed. The next year
monuments would be for Desert Storm and Iraq and Afghanistan. The veterans bear the entire
cost. Mr. Kysor urged prayers for the troops currently in conflict.
Mayor Taylor was honored to receive the pigeon statue and would display it with pride. He
thanked the veterans for their generous gift to the City of Boynton Beach.
B. Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited
Senior Center and recognize the Senior Center staff, including center supervisor
Steve Lulkin, for the outstanding job they have done making this one of our most
popular and active facilities.
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Wally Majors, Director of Recreation and Parks, noted the Flo Goldman Award was given for
distinguished service in the field of Senior Centers, recognizing the quality of programs and
services offered to seniors. The City’s nationally accredited Senior Center received the 2009
Flo Goldman award. Mr. Majors commended the staff and volunteers at the Senior Center for
the accomplishment. The staff included the Recreation Specialist, Mark Rose, and Forester
and Recreation Supervisor, Steven Lulkin. Mr. Lulkin thanked Mark Rose and Ann Forster,
Recreation Specialist, for the outstanding job done, along with the volunteers who assisting in
providing the top quality programs at the Senior Center. The entire organization was proud of
the accomplishment.
Mayor Taylor congratulated the staff and commented the reputation of the Senior Center was
exceptional for a job well done.
C. Declare a proclamation for the Month of October as National Arts and Humanities
Month for the City of Boynton Beach
Mayor Taylor proclaimed October as National Arts and Humanities Month in the City of
Boynton Beach. Arts and Humanities strengthen the local economy by generating $209.1
million in economic impact and supported many jobs each year. Taxes from art also generate
revenue for the state and local governments.
Barbara Ready
, Chair of the Arts Commission, commented the Art in Public Places program
had given all citizens the ability to see free art exhibits around the City including the Avenue of
the Arts. The public was invited to the free Arts Connection programs the third Monday of
each month in the Library Program Room. The grand opening of Fire Station #5 includes art
work depicting visual references of historical timelines of firefighting. The arts stimulate
economic development and add to the quality of life.
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)
Michael MacMullen
, 4760 N. Congress Avenue, owned a pool hall/bar and suggested the
hours to sell alcohol be extended past 2 a.m. The only way for his business to survive was to
extend the hours of operation. Surrounding municipalities and the County have extended
hours. Commissioner Ross suggested Mr. MacMullen speak with the ambassadors for the
Greater Boynton Chamber of Commerce. Commissioner Rodriguez and Vice Mayor Hay were
not open to discussing the issue. Mayor Taylor mentioned the subject had previously been
discussed and decided.
John McGovern
, 2620 Spiceberry Lane, distributed information regarding an old school that
had been refurbished in another area. He discussed the full and fair disclosure of information
to the citizens, regarding the March elections. Mr. McGovern suggested it was the
responsibility of the City to inform its citizens, through the use of the website, information
regarding the candidates including the financial disclosures.
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Victoria Castello
, 406 S. Seacrest Boulevard, brought attention to the Florida East Coast
Corridor study now in Phase II, selecting the depots. It would be helpful if a stop was made at
the Marina in downtown Boynton Beach. Mayor Taylor advised the Community
Redevelopment Agency has been working aggressively to get a depot in Boynton Beach.
There are upcoming meetings at several locations. Ms. Castello opined the website could be
used to advertise the meetings and seek input from the citizens. Commissioner Rodriguez had
received notification of the hearings and assumed homeowners in the areas closest to the
corridor had been informed. All of the Commission had received the notification. Mayor Taylor
advised Ms. Castello to contact Lisa Bright, Executive Director of the Community
Redevelopment Agency.
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Dick Philpott
, 1361 SW 27 Avenue, questioned the ownership and plans for cleaning the Big
Bass canal. Mayor Taylor advised research was being done to determine ownership of the
canals within the City of Boynton Beach. Neither Lake Worth Drainage District nor the City of
Boynton Beach owns the canal. In 2005 the monies budgeted for cleaning the canals were
eliminated. Attorney Cherof indicated the research should be completed within the next thirty
days. Mr. Bressner advised search of previous minutes revealed there had been no final
policy decision on the issue. The canals have been the orphans of the City. Commissioner
Weiland wanted definitive proof of the ownership.
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James Mathews
, 1350 SW 26 Avenue, recalled seven years ago the City ceased
maintaining the canals in the Lake Ida area. At that time, the homeowners were told the Big
Bass Canal and Lazy Lake were owned by the City. A decision was made that any new
developments would have to maintain the canals created during construction. At a public
meeting, maps were displayed of canals owned by the City and others where the homeowners
owned to the middle of the canal or their property side of canal or to the other side of the canal.
Mr. Bressner advised in many instances the plat indicates “the public” owns the canal. The
definition of “the public” is not clear. There has been nothing found dedicating any of the
canals to the City of Boynton Beach. Mr. Mathews offered his opinion that the City of Boynton
Beach would be the representative of the people, if an actual owner was not the designated
owner. He alleged the confusion was deteriorating the value of his home.
No one else coming forward, Mayor Taylor closed the public audience.
5. ADMINISTRATIVE
A. Accept the resignation of Amber Barritt, an alternate member of the Planning and
Development Board.
Motion
Commissioner Weiland moved to accept the resignation of Amber Barritt. Vice Mayor Hay
seconded the motion. The motion passed unanimously.
B. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
Motion
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Commissioner Weiland moved to table all appointments. Commissioner Ross seconded the
motion. The motion passed unanimously.
6. CONSENT AGENDA
A. Approve the Minutes from the City Commission meeting held on September 14, 2009.
B. PROPOSED RESOLUTION NO. R09-140 - Approve a “piggyback” to the City of
Pompano’s contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45-
08 with the same terms, conditions, specifications and pricing. This contract will be
used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of
solids at the West Water Treatment Plant (WWTP). The annual expenditure is
estimated at $98,000. The City of Pompano Beach complied with public contract bid
requirements equal to or which exceeds Boynton Beach's requirements.
C. PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the
State and Local Housing Trust Funds and supporting full appropriation of the housing
trust funds for housing programs.
D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for
State permits for temporary closing of Federal Highway from Boynton Beach
Boulevard south to Woolbright Road for the annual Holiday Parade.
Vice Mayor Hay pulled Item 6.D for discussion.
E. PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program (LAP)
Agreement between the City of Boynton Beach and Florida Department of
Transportation (FDOT) for the construction and construction-engineering-inspection
(CEI) services of the Seacrest Boulevard Roadway Improvements project.
F. PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement;
and also to release all surety for the water and sewer systems for the former Eckerds
Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in
Boynton Beach.
G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle
Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank
Replacement Project (project #RP1001).
PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the
Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment
Installations, Inc. for removal and closure of four (4) existing underground 10,000
gallon diesel and unleaded underground fuel storage tanks, one existing underground
1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at
the Public Works Complex. Work to include installation and start up of a new above
ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2)
300 gallon hydraulic and waste oil tanks. Total project cost with options is
$425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the
Fleet Maintenance Division account #501-2516-519-6325 (project #RP1001).
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Commissioner Ross pulled Item G.6 for discussion.
H. PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of
the annual service agreement between Motorola and the City of Boynton Beach in the
amount of $138,676.32.
I. Approve participation in the State of Florida Department of Management Services
Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract
complied with Public Contract bid requirements equal to or which exceeds Boynton
Beach's requirements..
J. Approve settlement of claim for costs associated with the connection of public sewer
system to 815 Bamboo Lane.
K. Authorize the reallocation of $1,500 from Boynton Isles to the Jayne E. Miller Nursing
Scholarship Fund from Commissioner Rodriguez's Community Investment Fund.
L. Approve a Contract for “CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A
COMPREHENSIVE CLIMATE ACTION PLAN”, rfp #062-1210-09/cjd TO: Camp
Dresser & McKee Inc. (CDM) of West Palm Beach, FL in the amount of $195,900.
Commissioner Ross pulled Item 6.L for discussion.
Motion
Commissioner Weiland moved to approve the Consent Agenda with the exception of Items D,
G and L. Commissioner Ross seconded the motion. The motion passed unanimously.
D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for
State permits for temporary closing of Federal Highway from Boynton Beach
Boulevard south to Woolbright Road for the annual Holiday Parade.
Vice Mayor Hay confirmed the route would be the same as last year and the Commissioners
would make a complete route and return to the platform.
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Kathy Biscuiti, Special Events Director, advised the parade route would start at SE 12 going
north in the southbound lane of Federal Highway to Ocean Avenue and the Commission would
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be dropped off in the back of the platform. The lineup would not be able to use 4 Street due
to construction.
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Motion
Vice Mayor Hay moved to approve Item 6.D. Commissioner Weiland seconded the motion.
The motion passed unanimously.
G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle
Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank
Replacement Project (project #RP1001).
PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the
Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment
Installations, Inc. for removal and closure of four (4) existing underground 10,000
gallon diesel and unleaded underground fuel storage tanks, one existing underground
1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at
the Public Works Complex. Work to include installation and start up of a new above
ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2)
300 gallon hydraulic and waste oil tanks. Total project cost with options is
$425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the
Fleet Maintenance Division account #501-2516-519-6325 (project #RP1001).
Commissioner Ross indicated she had been informed there was a discrepancy on the
information given to the various vendors for a fair comparison of the estimates. Jeff Livergood,
Director of Public Works and Engineering, was unaware of the information given to vendors or
bidders. It was based on existing purchase contracts available to piggyback.
Peter Ward
, Glasko Equipment Service, represents the City in fuel tank matters. His firm was
contacted about installing four 10,000 gallon tanks and had mailed a bid. The award is
requested for two 20,000 gallon tanks. It would be a more economical price for two tanks
rather than four. He requested the matter be tabled until a fair comparison could be made.
Mr. Livergood clarified it was not a bid process. Prices were solicited from several vendors to
determine pricing and piggyback opportunities. Design parameters were not designated. Mr.
Bressner suggested the item be tabled until Purchasing can present input and further research
can be done.
Motion
Commissioner Ross moved to table. Vice Mayor Hay seconded the motion. The motion
passed unanimously.
L. Approve a Contract for “CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A
COMPREHENSIVE CLIMATE ACTION PLAN”, RFP #062-1210-09/CJD TO: Camp
Dresser & McKee Inc. (CDM) of West Palm Beach, FL in the amount of $195,900.
Commissioner Ross brought the item forward and commended staff for making a difficult
decision from the many bidders. Carisse LeJeune, Assistant to the City Manager, indicated it
was a milestone for the original Green Task Force to see the recommendations adopted by the
Commission brought to fruition. Stimulus funding of $658,900 was made available and hiring a
consultant was the first step to qualify for further funding and proceed to make Boynton Beach
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a truly green environment. She announced the month of October was proclaimed the National
Energy Awareness Month.
Motion
Commissioner Ross moved to approve Item 6.L. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
7. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
8. 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 Plan
ning Agency and City Commission
9. CITY MANAGER’S REPORT
A. Provide direction to staff regarding banners and decorations for the upcoming holiday
season.
Lori LaVerriere, Assistant City Manager, indicated last year the City had spent $40,000 on
holiday decorations and the CRA had contributed $30,000. This year’s budgeted funding was
only $10,000 for the City and the CRA increased their funding to $40,000. The use of the
$10,000 was the issue. Ms. LaVerriere reviewed the options including giving the money to the
CRA to enhance their efforts. It would eliminate decorations at the Sims Center, Hester Center
and Senior Center.
Commissioner Rodriguez suggested City staff and the CRA staff collaborate and bring the
Commission a recommendation. Mayor Taylor supported contributing the $10,000 to the CRA
for decorations. Vice Mayor Hay and Commissioner Rodriguez concurred with Mayor Taylor.
Commissioner Weiland offered the money be given to the CRA to decorate the Ocean Avenue
area and City Hall area. Ms. Biscuiti advised the CRA was committed to two contracts. She
did feel with the additional monies from the City that the City Hall corner could be
accomplished. There was consensus to concentrate the decorations in the downtown area.
Motion
Commissioner Weiland moved to give the $10,000 to the CRA and allow them to use the
monies to complete their holiday banner program in the Ocean Avenue area. Vice Mayor Hay
seconded the motion.
Ms. LaVerriere added all banners should be installed to balance the decorations in the core
area.
Commissioner Weiland amended his motion to include all the banners. The motion passed
unanimously.
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10. FUTURE AGENDA ITEMS
11. NEW BUSINESS
A. Discussion of a process and procedure for appointing a new seven member CRA
Board. This item is placed on the agenda at the request of Commissioner Rodriguez.
Commissioner Rodriguez recalled the discussion had been postponed until after budget issues
had been resolved. He brought the item forward to arrive at an agreement on how to proceed.
Vice Mayor Hay agreed the appointment of a new Board should move forward; however, there
was no rush to complete it within the next couple months. He wanted to have the application
reviewed and revised with more extensive information to be provided. Vice Mayor Hay alleged
a screening committee consisting of the City Manager, Quintus Greene, City Attorney, CRA
Executive Director and the Assistant Director could improve the application. The same
committee could then screen the applications and candidates and make a recommendation to
the Commission or submit a ranked list. Vice Mayor Hay wanted to proceed carefully to avoid
the dissolution of another Board. Also the new Commission to be elected should have a stake-
hold in the new board. He saw no need to get the Board appointed before the March election.
Commissioner Rodriguez agreed in part with Vice Mayor Hay that caution is necessary. He
did see a conflict and opposed the CRA Executive Director and Assistant Executive Director
screening their bosses. Elections are held yearly and new Commissioners would be rotating
on and off the board on a regular basis.
Commissioner Weiland felt the current Board should decide on the members of the new Board
since they would be familiar with the applicants and the responsibilities they would be
assuming. Vice Mayor Hay cautioned with only three votes another Board could be dissolved.
He felt the appointing Board should be proactive and try to avoid the same circumstances that
were previously created. The process could be started, but the final decision delayed.
Mayor Taylor reiterated his contention that the current Board was doing a more than adequate
job, having just been recognized as number one in the State. If there was consensus to
proceed, he urged the Commission to appoint only a five-member Board rather than seven.
Two more could be added at a later time, if necessary. Mayor Taylor did agree a committee to
review the application would be helpful. Interviews conducted before the entire Commission
could be utilized to further narrow the field.
Commissioner Ross opined that in six months there could be three new Commissioners who
should be part of the selection process. The current Board was unified and working in a
positive direction so there was no rush.
Herb Suss
, 1711 Wood Fern Drive, agreed with Vice Mayor Hay to move slowly and make the
proper selections for a five member board. He did prefer an independent board.
Victor Norfus
, 261 N. Palm Drive, argued the process should not be any different for the
Community Redevelopment Agency Board than with any other advisory board. Mayor Taylor
pointed out the CRA Board was governed by State statutes and not an advisory board.
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Commissioner Rodriguez indicated he was not in favor of pubic interviews. Vice Mayor Hay
suggested a special meeting be scheduled for the interviews and the public be invited. The
steering committee could short list the applicants.
Motion
Commissioner Rodriguez moved to proceed with the application as presented, the City
Commission act as its own review board and decide the interview process and application as it
is including resumes and move forward. Commissioner Weiland seconded the motion for
discussion.
Vice Mayor Hay could not support the motion and stressed a steering committee was needed
to review the application and the applicants more closely. Mr. Bressner suggested it be a two-
step process that the committee review the application and bring it to the Commission for
approval first. Mayor Taylor agreed with Vice Mayor Hay’s suggestion.
Patricia Fitzpatrick,
a resident, was excited about the separate board and felt people with a
passion for the City needed to be on the Board. The members should be able to communicate
their passion regardless of their academic credentials. Her opinion was the process should not
be made more difficult than it needed to be.
John McGovern
recalled the CRA Board had been a hot issue and he did not want to see the
same debate and dissention repeated. The goal should be to move forward for the long run
and not the short term.
The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Ross dissenting)
B. Discussion of status of proposed Green Market at Boynton Beach Mall.
Mr. Bressner summarized the history of the special events at the Mall and the recent request
to continue with new events at the Mall. The Community Caring Center had approached the
Mall and requested the Green Market be held at the Mall and in downtown Boynton Beach
each Saturday. The proposal was to allow two ongoing seasonal events in the 2009 and 2010
season and allow for 10 special events through May 2010. The Mall had requested the
contract for special events be extended beyond May 2010. Long term, staff was reviewing
zoning issues and proposing a text amendment to allow a farmer’s market in a C-3 district, if
the lot is large and had adequate parking.
Mayor Taylor supported the seasonal approach and extending the contract. Commissioner
Ross also supported the idea and the green market. Vice Mayor Hay concurred. Mayor Taylor
declared there was consensus.
12. LEGAL
None
13. UNFINISHED BUSINESS
None
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14. ADJOURNMENT
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:07 p.m.
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CITY OF BOYNTON BEACH
_________________________________
Jerry Taylor, Mayor
_________________________________
Woodrow L. Hay, Vice Mayor
_________________________________
Ronald Weiland, Commissioner
ATTEST:
_________________________________
Jose Rodriguez, Commissioner
__________________________
Janet M. Prainito, CMC
City Clerk _________________________________
Marlene Ross, Commissioner
__________________________
Judith A. Pyle, CMC
Deputy City Clerk
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6. C
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
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ONSENT GENDAEGAL
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S UB
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PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-117 -- Approve
EQUESTED CTION BY ITY OMMISSION
piggybacking the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, Florida
to rehabilitate the City’s wastewater gravity manholes for a project cost of $256,314.00 with a 15%
contingency of $38,447.00 for a total project cost of $294,761.10.
ER:
The Utility Department received Commission approval to develop an extensive
XPLANATION OF EQUEST
Infiltration and Inflow program. We have completed the first four inspection phases, completed our first repair
phase and are about to complete our second repair phase. The program identifies structural deficiencies
associated with the gravity lines and manholes, reduces treatment and maintenance costs and creates an
efficient wastewater system. After review of the reports from Inspection Phases III and IV, we have identified
approximately 51,477 feet of pipeline and 114 manholes to rehabilitate. The department is calling this project “I&I
Program Phase III and IV repairs”.
The department would like to piggyback the City of Delray Beach contract bid #2002-37 with Chaz Equipment for
rehabilitating the manholes with SewperCoat. Utility staff along with Procurement Services have determined that
the City of Delray Beach contract bid #2002-37 has complied with Public Contract Bid requirements equal to or
exceeding the City of Boynton Beach’s requirements. The City has had great success with this method and with
Chaz Equipment and would like to continue with this project. Chaz Equipment will clean and rehab the structures
by applying a corrosion resistant bonded coating to the deteriorated structures for a cost of $294,761.10.based
upon unit pricing for the various manhole structures and services. Attached is a spreadsheet outlining the
individual manhole costs and the area where the work will take place and the City of Delray Beach bid
documents.
H?
The impact of this project will restore the identified
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
manhole structures within our wastewater system and reduce the amount of infiltration and inflow to our
wastewater treatment plant, therefore reducing operational costs. It will also help to prevent manhole failures by
identifying the problems now and repairing them to avoid costly repairs in the future.
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FI
:
The total project cost is $294,761.10 which includes a 15% contingency to allow for
ISCAL MPACT
unforeseen site conditions or quantity changes. Funding is available in account #403-5000-590-65-04 SWR 059
Manhole Rehab.
A:
The technology method being recommended is very cost effective. This type of rehabilitation
LTERNATIVES
replaces the more costly conventional excavation of replacing the manhole structure with a new one. However,
possible alternatives are:
Physically replacing each structure, at significantly greater cost and disturbance
Not performing any recommended work and risking failure of the structure.
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RESOLUTION NO.
R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
“PIGGY-BACK” OF A CITY OF DELRAY BEACH
CONTRACT BID #2002-37 WITH CHAZ EQUIPMENT
COMPANY, INC., OF WELLINGTON, FLORIDA, TO
REHABILITATE THE CITY’S SEWER MANHOLES FOR A
PROJECT COST OF $256,314.00 WITH A 15%
CONTINGENCY OF $38,447.10 FOR A TOTAL PROJECT
COST OF $294,761.10; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that the City of Delray Beach has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements;
and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” of a City
of Delray Beach Contract #82768 and authorizes the Mayor and City Clerk to sign an Agreement
with Chaz Equipment Company, Inc., of Wellington, Florida to rehabilitate the City’s sewer
manholes for a project cost of $256,314.00 with a 15% contingency of $38,447.10 for a total project
cost of $294,761.10.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
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“piggy-back” of a City of Delray Beach Contract Bid #2002-37 and authorizes the Mayor and City
Clerk to sign an Agreement with Chaz Equipment Company, Inc., of Wellington, Florida to
rehabilitate the City’s sewer manholes for a project cost of $256,314.00 with a 15% contingency of
$38,447.10 for a total project cost of $294,761.10, a copy of the Agreement is attached hereto as
Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jerry Taylor
___________________________________
Vice Mayor – Woodrow L. Hay
___________________________________
Commissioner – Ronald Weiland
___________________________________
Commissioner – Jose Rodriguez
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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AGREEMENT TO REHABILITATE BOYNTON BEACH’S
MANHOLE STRUCTURES
This Agreement is made as of this ____ day of __________, 2009 by and between CHAZ
EQUIPMENT COMPANY, INC., of Wellington, Florida, a Florida Corporation, with offices at 3180
Fairlane Farms Road, Suite 1, wellington, Florida 33414 (“Chaz”), and The City of Boynton Beach, a
Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach,
FL 33435 (the “City”).
RECITALS
WHEREAS
, the City has an ongoing program to identify and rehabilitate portions of the City’s
gravity wastewater conveyance system to reduce infiltration and inflow (commonly referred to as “I&I);
and
WHEREAS
, City Staff has recommended that the next phase of rehabilitation to the system be
performed by separate contractors; one to perform the pipe lining and the second to perform manhole
rehabilitation; and
WHEREAS,
the City Staff has identified an existing governmental contract (City of Delray
Beach Contract Bid #2002-37) between Chaz Equipment Company, Inc., and City of Delray Beach
(DELRAY) which was let by DELRAY following equivalent contract letting procedures as are required
by the City of Boynton Beach Purchasing Policies; and
WHEREAS
, Chaz Equipment Company, Inc., submitted a proposal dated June 29, 2009 to the
City for the rehabilitation of approximately 113 sewer manholes at prices based on DELRAY Contract
Bid #2002-37; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Chaz Equipment Company, Inc., agree that Chaz shall rehabilitate
approximately 113 sewer manholes pursuant to Chaz’s proposal dated June 29, 2009 and incorporating
the terms and conditions for performance as set forth in Delray Beach Contract bid #2002-37, a copy of
which is attached hereto as Exhibit “A”, except as hereinafter provided:
A. All references to the City of Delray Beach shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
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Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500 / Facsimile: (954) 771-4923
C. The location of the services to be performed by Chaz under this Agreement is outlined in
the map attached hereto as Exhibit “B”.
D. The price list for the services to be performed by Chaz under this Agreement, totaling
$294,761.10, is attached hereto Exhibit “C”.
Section 3. In the event that the City of Delray Beach Agreement is amended, or terminated,
Chaz shall notify the City within ten (10) days. In the event the City of Delray Beach Agreement is
amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and
not be deemed amended or terminated, until specifically amended or terminated by the parties hereto.
Section 4. The Chaz agrees that in the event it enters into an Agreement for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Delray Beach Contract
are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their
terms.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH,FLORIDA
ATTEST:
By:_________________________________
___________________________________ Mayor
City Clerk
APPROVED AS TO FORM:
___________________________________
Office of the City Attorney
CHAZ EQUIPMENT COMPANY, INC.
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WITNESSES:
____________________________________ BY:_________________________________
Print Name:
____________________________________ Title: _________________________
ATTEST:
____________________________________
SECRETARY
- 88 -
EXHIBIT “B”
MAP
- 89 -
EXHIBIT A
AGREEMENT BETWEEN CITY OF DELRAY BEACH
AND CHAZ EQUIPMENT COMPANY, INC.,
- 90 -
EXHIBIT C
PRICE LIST OF SERVICES FOR CITY OF BOYNTON BEACH
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6. D
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
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ONSENT GENDAEGAL
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PH FAI
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RACC:
Approve appropriation of $446,722.50 from the Fuel Island
EQUESTED CTION BY ITY OMMISSION
Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required
Fuel Tank Replacement Project (project #RP1001).
PROPOSED RESOLUTION NO. R09-_______ -- Approve the Piggy-Back of Palm Beach County
School Board RFP #09C-018K with Lutz Petroleum Equipment Installations, Inc., of Pompano Beach,
Florida, for Labor, Equipment and materials for the installation and start up of a new above ground
storage tank system and removal of the current underground storage tanks for a total cost of
$446,722.50, which includes a five (5%) contingency. (Tabled on October 6, 2009)
th
ER:
This item was placed on the Commission Agenda on October 6,
XPLANATION OF EQUEST
2009 and was tabled due to a protest from Peter Ward, President of Glasgow stating he did
not have the opportunity to provide a proposal for two (2) 20,000 gallon above ground tanks.
Attached is correspondence (Memo #09-047) from Christine Roberts, Assistant Public Works
Director to Carol Doppler, Purchasing Agent explaining the process used in determining a
vendor for this project. It was determined by staff that the quote from Glasgow was not
complete in all facets. In addition Glasgow chose not to visit our site to meet with staff to learn
more about our needs as did the other vendors. Also determined was that this is a piggy back
bid and, as such, we have the ability to use any of the vendors utilized by the School District.
We are not required to request quotes from all vendors. Staff chose only to seek multiple
pricing to ensure that the final work project satisfied our fueling needs in a quality manner and
at a correspondingly reasonable price to the taxpayer.
Also attached is a memorandum from Carol Doppler, Purchasing Agent to Christine Roberts,
Assistant Public Works Director stating that after her review she found that Glasgow’s quote
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was non-responsive and that in her opinion Lutz Petroleum Equipment Installations, Inc.
proposal was the most responsive, responsible respondent that met all specifications.
H?
The removal/closure of the single-walled
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
fuel tanks is mandated by the Florida Department of Environmental Protection and the
deadline for compliance is December 31, 2009. Non compliance will result in possible
assessment of fines to the City.
FI:
Funding for this project is available in the Vehicle Service Fund, account
ISCAL MPACT
number: 501-0000-389-92-00 Net Assets Appropriated $446,722.50; 501-2516-519-63-25
Improvement Other than Bldg/Fuel Tank Replacement - $446,722.50
A:
To close the fuel tanks as required and fuel off-site at local fuel facilities
LTERNATIVES
located in Boynton Beach.
- 140 -
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PUBLIC WORKS DEPARTMENT
MEMORANDUM #09-047
TO: Carol Doppler, Purchasing Agent
FROM: Christine Roberts, Assistant Public Works Director
SUBJ: Fuel Tank Replacement Quote From Glasgow
DATE: October 8, 2009
The memorandum is in response to the protest that was voiced at the Commission Meeting on Tuesday,
th
October 6, 2009 from Peter Ward, President of Glasgow Equipment Service, Inc. in that his company
did not have the opportunity to provide a quote on two (2) 20,000 gallon fuel tanks for the fuel tank
replacement project. Mr. Ward claimed that he would be cheaper than the vendor that was selected if he
could have quoted the 2-20,000 tanks but because he was not involved in the quote process he could not
fully respond.
Listed below is an explanation of the process used in determining a vendor for this project:
In May staff decided to move forward with the fuel tank replacement project due to the mandate by the
Florida Department of Environmental Protection to upgrade single-wall underground storage tanks to
double-wall systems by December 31, 2009. A staff committee was formed to outline the project and to
research piggy-back bids for a vendor. The committee members were, Paula Leblanc, Facilities
Management Supervisor, Steven Weiser, Fleet Administrator, Kevin Ramsey, Project Manager and
Christine Roberts, Assistant Public Works Director.
In reviewing bids from other agencies staff decided to piggy-back the School District of Palm Beach
County, Florida Bid #09C-018K. The bid included multiple vendors that were selected for storage tank
removal, replacement, installation, among other services. Staff decided to contact the highest scored
vendor, Engineered Environmental Solutions, Inc.) for a quote. After receiving the quote it was
nd
discovered that the current bid had expired and was being renewed on June 2, 2009. Engineered
Environmental Solutions was rejected from the renewal of the bid due to failing to have a minimum of
three years experience specifically in petroleum related services. After reviewing the renewed bid staff
decided to contact the multiple vendors with the highest scores to obtain quotes for the work.
Additionally staff gave the vendors the opportunity to meet on site to review the project needs.
TO: Carol Doppler, Purchasing Agent
Page Two
Three vendors from the School Board Bid provided quotes (copies attached), Lutz PEI, Inc., Delta
Petroleum and Glasgow Equipment Service. based on the requirements that were expressed verbally
from staff for the project. Representatives from Lutz and Delta conducted a site visit and met with staff
to discuss the project prior to submitting their quotes. Kevin Ramsey, Project Manager contacted
Glasgow Representative, Lou (don’t have a last name) and explained the requirements for the project
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over the phone (see attached e-mail from Kevin Ramsey explaining his conversation with Glasgow).
Kevin Ramsey explained that we wanted to abandon the existing (4) 10,000 gallon tanks and add (4)
10,000 above ground and/or (2) 20,000 gallon above ground tanks which ever was cheaper. Glasgow
chose not to conduct a site visit as they said they had been to our site several times and did not need to
meet.
Out of the three quotes received from the School Board Contract, Delta Petroleum and Glasgow
Equipment did not provide complete quotes for the project. Neither company provided quotes for
transferring the pumps and Glasgow did not provide quotes for the two tanks located behind Fleet
Maintenance nor did they provide in their quote the ladders. They did include in their quote to set and
anchor four 10,000 gallon UL 2085 aboveground fuel storage tanks. However they were verbally given
the option to quote either (4) four 10,000 gallon storage tanks or (2) two-20,000 gallon tanks whichever
would be cheaper.
In summary, City staff did not find the quote from Glasgow to be complete in all facets. Glasgow did
not provide an updated quote for all desired fueling components in its September 1, 2009 facsimile
(attached) and further advised us that they had not determined whether or not the steel pricing for the
tanks was still valid. Glasgow did not visit our site to meet with us to learn more about our needs as did
the other vendors. Lastly, this is a piggy back bid and, as such, we have the ability to use any of the
vendors utilized by the School District. We are not required to request quotes from all vendors. We
chose only to seek multiple pricing to ensure that the final work product satisfied our fueling needs in a
quality manner and at a correspondingly reasonable price to the taxpayer.
It is staffs recommendation to approve the Piggy-Back Contract from the Palm Beach County School
Board (#09C-018K) to Lutz Petroleum. Lutz provided a complete proposal that meets our needs and
conforms to our cost parameters.
Cc: Jeffrey Livergood, Public Works Director
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6. E
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH
UBLIC EARING
RACC:
PROPOSED RESOLUTION NO. R09-148 -- Approve
EQUESTED CTION BY ITY OMMISSION
and authorize the execution of a two year contract for the RE-BID TO RE-BID FOR THE TWO-YEAR
CONTRACT FOR SCHOOL CROSSING GUARD SERVICES, Bid# 067-2110-09/JA, to Staffing
Connection/Action Labor of West Palm Beach, Florida for an estimated annual expenditure of
$304,170.00.
ER:
The following sequence of events took place regarding this
XPLANATION OF EQUEST
proposed two-year contract for school crossing guard services.
On January 20, 2009, Procurement Services cancelled Bid# 022-2110-09/JA due to no
response.
On March 3, 2009, Procurement Services opened and tabulated Bid #027-2110-09/JA,
RE-BID FOR TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
that was awarded to Kemp Group International Corp of Miami, Florida.
A June 23, 2009 letter was received by Procurement Services from Kemp Group
.
International Corp of Miami Florida rescinding their contract
On August 26, 2009, Procurement Services opened and tabulated two (2) proposals for
Bid #067-2110-09/JA, RE-BID TO RE-BID FOR TWO YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES.
Staffing Connection/Action Labor, is the lowest, most responsive, responsible bidder
who meets all specifications. Michael Kelley, Sergeant, Traffic, Uniformed Services,
Police Department concurs with this recommendation, (see attached memo). Our
experience in the past has proven positive.
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PROGRAM IMPACT:
The purpose of this bid is to establish a firm price for a two-year period,
for the provision of School Crossing Guard Services at the various locations within the City.
The provision of this bid will allow for a one (1) year extension at the same terms, conditions,
and prices subject to vendor acceptance, satisfactory performance and determination that the
renewal is in the best interest of the City.
FI:
BUDGET ACCOUNT# ESTIMATED ANNUAL EXPENDITURE
ISCAL MPACT
001-2110-521-49-17 $304,170.00
LAST YEAR’S EXPENDITURE: $302,000.00
A:
It is imperative for the City to hire a crossing guard company as it would not be
LTERNATIVES
safe for the children to cross the streets without a crossing guard.
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RESOLUTION NO. R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF RE-BID TO RE-
BID #067-2110-09/JA TO STAFFING CONNECTIONS/ACTION
LABOR OF WEST PALM BEACH, FLORIDA FOR THE TWO
YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES FOR AN ESTIMATED ANNUAL EXPENDITURE
OF $304,170.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT FOR TWO-YEAR CONTRACT
FOR SCHOOL CROSSING GUARD SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
On August 26, 2009, two (2) proposals were received and opened by
Procurement Services for the two year contract for school crossing guard services; and
WHEREAS,
staff is recommending the award to Staffing Connections/Action Labor of West
Palm Beach, Florida as the lowest, most responsive, responsible bidder who meets all specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
the award of re-bed of a re-bid Bid #067-2110-09/JA to Staffing Connections/Action Labor of West
Palm Beach, Florida for the two year contract for school crossing guard services, and does hereby
authorize the City Manager to execute an Agreement in the estimated annual expenditure of
$304,170.00, a copy of said Agreement is attached hereto and made a part hereof.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
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______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – Ronald Weiland
_______________________________
Commissioner – Jose Rodriguez
_______________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. F
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
OCTOBER 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-149 -- Approve and
EQUESTED CTION BY ITY OMMISSION
authorize the execution of a Contract for “BOAT CLUB PARK RENOVATIONS” Bid # 065-2730-09CJD
to: BURKE CONSTRUCTION Group, Inc. of West Palm Beach, Florida in the amount of $220,900 with
a 10% contingency of $22,090 for a total project cost of: $242,990.
ER:
On August 20, 2009, Procurement opened and tabulated fourteen
XPLANATION OF EQUEST
(14) bids. All bids were reviewed by the Recreation and Parks Department and references
were checked. It was determined that Burke Construction Group, Inc. was the most
responsive, responsible bidder who met all specifications although not the lowest.
The lowest bidder, Surge Solutions Group, Inc., did not have the experience as a known
general contractor in construction based on the references provided. Respondent provided
previous jobs that were performed as “General Contracting and Petroleum Contracting”.
However, when references were checked with both Palm Beach County and West Palm
Beach; it was revealed that neither entity was knowledgeable of Surge Solutions and stated
that they may have been a subcontractor rather than a prime contractor on the different
projects. Therefore, staff recommends Burke Construction Group as the most responsive
since their references were excellent and the information provided was accurate. They also
have extensive experience in a variety of large projects as the prime contractor. Jody Rivers,
Parks Superintendent concurs with this recommendation (see attached memo #09-45).
H?
The purpose of the Boat Club Park
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
renovations is to enhance the Boat Club Park. The project includes the demolition of the
existing restroom and 3 concrete and wood picnic pavilions, site preparation, construction of a
new restroom, replacement of the picnic pavilions with a shade cloth material, installation of
picnic tables and trash receptacles and landscaping. Demolition of the restroom will occur after
the new restroom is completed.
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FI:
Sufficient funds are available for this $242,990 project (CP0418) in the Capital
ISCAL MPACT
Improvement Program approved for FY 2009-10 from available funds carried over from prior
years: Account Number 302-4108-580-62-01.
The “1996 and 2002 Recreation and Cultural Facilities Bond” was issued from Palm Beach
County. In 2007 the County contacted us and inquired if we had a project that they could help
support with these funds in the form of a grant to the City. Our commission approved the
agreement with the County for grant funds to be used for Boat Club Renovations.
A:
Not to construct the project and “turn down” the 100% grant from Palm Beach
LTERNATIVES
County that will reimburse the City for the total project costs at the current level.
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RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH BURKE CONSTRUCTION GROUP, INC., FOR
BOAT CLUB PARK RENOVATIONS (BID #065/2730/09/CJD) IN
THE AMOUNT OF $220,900.00, PLUS OWNER’S
CONTINGENCY OF 10% IN THE AMOUNT OF $22,090.00 FOR A
TOTAL EXPENDITURE OF $242,990.00; AND PROVIDING AN
.
EFFECTIVE DATE
WHEREAS,
on August 20, 2009 Procurement Services opened and tabulated fourteen (14) bids
that were reviewed by the Parks Department; and
WHEREAS
, it was determined that Burke Construction Group, Inc., was the most responsive,
responsible bidder who met all specifications; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve a contract for
Boat Club Park Renovations (Bid #065-2730-09/CJD) with Burke Construction Group, Inc., in the
amount of $220,900.00 plus an owner’s contingency of 10% in the amount of $22,090.00 for a total
expenditure of $242,990.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT
:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the City Manager to execute a Contract for Boat Club Park Renovations (Bid #065-2730-
09/CJD) with Burke Construction Group, Inc., in the amount of $220,900.00 plus an owner’s
contingency of 10% in the amount of $22,090.00 for a total expenditure of $242,990.00, a copy of which
is attached hereto as Exhibit “A”.
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Section 3.
This
Resolution shall become
effective immediately
upon passage.
PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – Ronald Weiland
_______________________________
Commissioner – Jose Rodriguez
_______________________________
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Commissioner – Marlene Ross
ATTEST:
________________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. G
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Proposed Resolution No. R09-150 -- Approve the award of
EQUESTED CTION BY ITY OMMISSION
the ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" Bid #052-2821-
09/JA, to Shannon Chemical Corporation, of Malvern, Pa. for an estimated annual expenditure of $
52,990.
ER:
Polyphosphate corrosion inhibitors are used at both water treatment
XPLANATION OF EQUEST
plants to stabilize the water in the distribution system. These products are not generic in nature
and are specifically formulated for each individual treatment plant.
On June 23, 2009, Procurement Services opened and tabulated six (6) bid responses. The
two best responses to the bid with the anticipated annual costs are ARR-MAZ ($51,920) and
Shannon Chemical Corporation ($52,990).
However, the ARR-MAZ product has a low recommended dosage, which is at odds with the
other submitted dosages and the City’s previous experience. On July 15, 2009, ARR-MAZ
performed jar testing of the raw water at the West Water Treatment Plant and declared that the
results backed the recommended dosages. The Utilities Department was not satisfied with the
dosage rates. A thirty (30) day supply was requested for real-time application and data
acquisition. However, the result of this real time application and data acquisition would cost the
City an additional $2,105 according to the attached quote from ARR-MAZ. This would bring
their cost to $54,025, therefore making Shannon Chemical Corporation the low bidder.
The Utilities Department recommends awarding this bid to Shannon Chemical Corporation.
They have provided a good product and good service in the past. In addition, their product has
proven itself through jar testing and plant usage.
CONTRACT PERIOD: October 21, 2009 to October 20, 2010
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PROGRAM IMPACT:
The purpose of this bid is to obtain a firm price for corrosion inhibitor for
each of the City’s two (2) water treatment plants. The corrosion inhibitor shall stabilize
carbonates and hold copper, lead and iron from entering into the system pipes, joints, etc. The
firm price shall be determined in price per million gallons and unit price for one (1) year supply
of corrosion inhibitor at each facility.
The provision of this bid allows for a one year extension at the same terms, conditions and
prices subject to vendor acceptance, satisfactory performances and determination that the
renewal is in the best interest of the City.
FI:
ACCOUNT NUMBER# ESTIMATED ANNUAL EXPENDITURE
ISCAL MPACT
401-2811-536-5235 $52,990
Last Year’s Expenditure: $57,000
A:
None since the water would be unsatisfactory to drink unless we purchase
LTERNATIVES
polyphosphate type corrosion inhibitors.
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6. H
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-151 -- Approve the
EQUESTED CTION BY ITY OMMISSION
"First Amendment - Agreement for the Provision of Supplemental Police Services" between the CRA
and the City.
ER:
At a recent meeting of the City Commission, it was the desire of
XPLANATION OF EQUEST
the Commission to reduce the cost of Police service to the CRA by $50,000 annually for three
years beginning October 1, 2009.
H?
There will be no change to the Police
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services provided by the CRA.
FI:
The Amendment directly (a) reduces City revenues by $50,000 annually for
ISCAL MPACT
the next three (3) years and (b) decreases corresponding expenditures of the CRA.
A:
Not approve the Amendment.
LTERNATIVES
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RESOLUTION NO. R09-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FIRST AMENDMENT TO
AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL
POLICE SERVICES BETWEEN THE CITY OF BOYNTON BEACH
AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, on December 19, 2007 the City Commission via Resolution R07-151, approved an
Agreement for the Provision of Supplemental Police Services with the Boynton Beach Community
Redevelopment Agency; and
WHEREAS,
the City Commission desires to reduce the cost of police services to the CRA by
$50,000.00 annually for a period of three years beginning October 1, 2009; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation of staff,
deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve
and authorize the City Manager to execute the First Amendment to Agreement for the Provision of
Supplemental Police Services between the City of Boynton Beach and Boynton Beach Community
Redevelopment Agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated herein
by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize the City Manager to execute the First Amendment to Agreement for the Provision of
Supplemental Police Services between the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency, a copy of said First Amendment is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – Ronald Weiland
_______________________________
Commissioner – Jose Rodriguez
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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FIRST AMENDMENT TO AGREEMENT FOR THE
PROVISION OF SUPPLEMENTAL POLICE SERVICES
THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this ______ day
of ______________, 2009, between THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY (hereinafter referred to as “CRA”) and THE CITY OF BOYNTON BEACH (hereinafter
referred to as the “City”). In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CRA and City agree as follows:
The Original Agreement for the Provision of Supplemental Police Services, entered into on
December 19, 2007 and approved by the City Commission pursuant to Resolution R07-151, shall remain
in full force and effect except as specifically amended herein:
7.0 The term of contract shall be from October 1, 2009 until September 30, 2010, subject to
annual appropriation of funds by the CRA.
8.0 Compensation to the City. For services provided, CRA shall compensate the City as
follows:
8.1 CRA shall pay City on a monthly basis for services provided at the rate equal to the costs
to the City for one (1) police sergeant and four (4) police officers which at the time of this original
agreement was drafted is approximately $388,794.00. The City will provide the CRA with an invoice
indicating the monthly compensation, benefits and expenses paid to the officers and sergeant assigned to
the CRA police unit. Compensation, benefits and expenses include all expenditures on the part of the
City associated with employing the member. From October 1, 2009 through September 30, 2012, the
CRA is entitled to an annualized discount of $50,000 per fiscal year. The discount shall be reflected on
each City invoice to the CRA as a $4,166.67 reduction to the monthly charge.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year
first written above.
Signed and Seal and Witnessed
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in the presence of:
CITY OF BOYNTON BEACH, FL.
_____________________________ ____________________________
Witness Kurt Bressner, City Manager
_____________________________
Witness ____________________________
James A. Cherof, City Attorney
ATTEST:
_____________________________
Janet M. Prainito, CMC
City Clerk
Signed and Seal and Witnessed
in the presence of:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
_____________________________ ____________________________
Witness Jerry Taylor, Chairman
_____________________________
Witness
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6. I
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-152 -- Approve
EQUESTED CTION BY ITY OMMISSION
execution of the first amendment to the Palm Beach Co. Recreation Assistance Program (RAP)
Agreement in an amount not to exceed $7,000 to help offset costs of the 2009 Heritage Celebration.
ER:
In order to qualify and be reimbursed for the all eligible expenses
XPLANATION OF EQUEST
incurred as part of the financial and staffing assistance provided by the City during the 2009
Heritage Celebration, the original agreement is being amended to allow for pre-agreement
expenses incurred subsequent to November 5, 2008. The original agreement was ratified at
the April 21, 2009 City Commission meeting (Reso. 09-069).
H?
This action simply allows us to qualify to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
be reimbursed by RAP funding for expenses incurred as part of the support the City provided
for this event.
The Heart of Boynton Beach Community Association has yet to begin any detailed planning for
next year’s event. We do anticipate that some support will be requested from the City. At this
time we do know that the event is scheduled for February 20, 2010, and that the venue for the
event will again be MLK Boulevard, just east of Seacrest. Planned activities include music,
arts & crafts, pony rides, motivational speakers and various vendors. The planning committee
may also add a basketball tournament and may extend the hours of the event from 11am –
4pm to 7pm.
FI:
The City will receive a $7,000 reimbursement. Attached is a financial
ISCAL MPACT
summary of the 2009 Heritage Celebration.
There are no budgeted funds available from the City for the current fiscal year 2009/10. Last
year the City Commission contributed Community Investment Funds to this event. However,
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for FY 09/10 CIF have been eliminated from the budget. Any funding for this event must come
from sponsors, donations, etc… Palm Beach County RAP funds are also not available this
fiscal year.
A:
N/A
LTERNATIVES
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RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDMENT TO
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH, PROVIDING FOR FUNDING TO
OFFSET COSTS OF THE 2009 HERITAGE FESTIVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on April 21, 2009, the City Commission of the City of Boynton Beach
approved an Interlocal Agreement between the City of Boynton Beach and Palm Beach
County for the County to provide Recreation Assistance Program (RAP) funding in an
amount not to exceed $7,000.00 to assist with the Boynton Beach Heritage Festival; and
WHEREAS,
in order to qualify and be reimbursed for all the eligible expenses
incurred as part of the financial; and staffing assistance provided by the City as part of the
2009 Heritage Celebration, the original Agreement is being amended to allow for pre-
agreement expenses incurred subsequent to November 5, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach does hereby
authorize and direct the Mayor and City Clerk to execute the First Amendment to Agreement
between Palm Beach County and the City of Boynton Beach, for funding to offset the costs
of the 2009 Heritage Festival, allowing for pre-agreement expenses incurred subsequent to
November 5, 2008, 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 October, 2009.
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CITY OF BOYNTON BEACH, FLORIDA
_____________________________ Mayor –
Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – Ronald Weiland
_____________________________
Commissioner – Jose Rodriguez
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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Heart of Boynton Beach Community Association, Inc.
Heart of Boynton Beach Community A ssociation, Inc.
2009 Expenditures
2/27/20
2009 Revenue and Expenditures
Starting Balance:
County Commissioners$7,000
Committee Fundraisers $1,525
SpeakerPlay FeaturesPromoterMarketingPort-A-LetSound TechnicianPony RidesPony SuppliesArts & Craft AwardsAdditional ExpensesAdditional ExpensesAdditional Expenses
James AmpsV-2-Dynamyk UrbanRelationsUnited SiteShowmax ProductionsSchmitt's PoniesHay-For PoniesToys-R-Us, WalmartManhattanNow You See It PhotosTanya Eady-PrintingVictor Norfus-Booklets
Approved Amount:$500.0$900.0$5,700.0$1,500.0$980.0$1,500.0$290.0$500.0 $250.0 $300.0 $200.0 $250.0 $100.0
REVENUE
-500-565.00-2,850.0-750.00-585.00 -1525.00-490.-59.50 -66.4-113.8-200.0-250.00-100.0
Amount Spent:
-2,850.0-750.00-34.6
Committee Fundraisers$ 1,525.00
$0.00$335.00$0.00$0.00$395.00($25.00)($200.00)$440.50 $148.9 $186.15 $0.00$0.00$0.00
Palm Beach County $ 7,000.00
Starting Total $8,525.0
Amount Used:($11,689.4
Community Investment Funds$ 4,000.00
Balance:($3,164.41
Total$ 12,525.00
EXPENSES
ItemSource/VendorAmount
Entertainment/promoter SebastianBromfield$ 5,700.00
Sound technicianShowmax Productions$ 1,525.00
Entertainment/marketingNaisha Nichols$ 1,500.00
Port-o-letsUnited Site Services$ 585.00
Play featuresV2E Party Planners$ 565.00
Speaker Amps International$ 500.00
Pony RidesSchmitt's Pony Ranch$ 490.00
PrintingTanya Eady$ 250.00
ServicesNow You See it Photos$ 200.00
AwardsManhattanTrophy$ 113.85
Arts & craftsToys R Us/Wal-Mart$ 101.06
BookletsVictor Norfus$ 100.00
Hay for ponies $ 59.50
Total$ 11,689.41
City Services (in-kind)
PayrollRecreation$ 4,255.47(does not include fringe benefits)
PayrollParks$ 1,605.34
PayrollUtilities Department$ 1,287.67
PayrollPolice Department$ 1,040.97
PayrollFire Department$ 23.47
Equipment & MaterialsUtilities Department$ 991.02
Total$ 9,203.94
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6. J
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
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ONSENT GENDAEGAL
AI
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PH FAI
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RACC:
PROPOSED RESOLUTION NO. R09-153 -- Approve the
EQUESTED CTION BY ITY OMMISSION
Interlocal agreement between the Board of County Commissioners, Palm Beach County, Florida, and
the City of Boynton Beach, Florida authorizing the City of Boynton Beach to enter into a 1 year
agreement to receive funding in the amount of $279,900 as a partner in the continued planning and
implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of
Boynton Beach.
ER:
XPLANATION OF EQUEST
An interlocal agreement was originally entered into on February 27, 2007 with Palm Beach County.
The agreement outlined the City of Boynton Beach’s duties and responsibilities within the concept of
developing a Youth Empowerment Center. Our Youth Empowerment Center opened on February 9,
2008 in conjunction with the City’s Parks and Recreation Department’s grand opening of the Carolyn
Sims Center.
The YVPP currently has four service providers (Art of Filmmaking, Hooked on Fishing not on Drugs,
RM Lee CDC, and Unlimited Dance) scheduled to participate in community redevelopment by
addressing issues from tutoring to gang prevention and intervention. Our Executive Committee and
Teen Council continue to meet on a monthly basis to make joint decisions about YVPP.
The original interlocal was a 3-year agreement that expires as of September 30, 2009 and due to budget
cuts, no additional funding was available through the Board of County Commissioners. For FY 09/10,
the Criminal Justice Commission was able to secure ARRA funding through the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, and has decided to continue funding the Boynton
Beach Youth Empowerment Center as well as four other centers in Palm Beach County.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This program has the potential to have a long term, systemic impact on the community in which the
center resides. YVPP promotes self-empowerment at all levels of development. Regardless of social
status, economic resources, race or religion, all youth battle with decision-making. This program, along
with the collaborative efforts of the local business, churches, community, courts, schools and police can
and will change the future for the City of Boynton Beach for the good. Youth empowered by their
community, through their community and for their community are a powerful force of change. Once the
youth know that their communities are vested in their futures regardless of their past, they will be
invested to make the changes needed for a better tomorrow.
This program has the potential to reduce violent crime associated with youth, gang participation, and
drug use and has the potential to increase civic awareness, compassion, leadership and the potential to
change the landscape of this community through self-empowerment.
FI:
ISCAL MPACT
For FY 09/10 the City of Boynton Beach will be receiving $279,900 compared to FY 08/09 $285,000.
A:
LTERNATIVES
Not to enter into the 2009 Interlocal Agreement with Palm Beach County and forfeit the grant award.
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RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A ONE YEAR INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND PALM BEACH COUNTY FOR FUNDING IN THE
AMOUNT OF $279,900.00 TO CONTINUE
IMPLEMENTATION OF THE YOUTH VIOLENCE
PREVENTION PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
the Palm Beach County Board of County Commissioners directed the Criminal
Justice Commission to develop a Youth Violence Prevention Program which would address the increase
in violent firearms crimes; and
WHEREAS
, on February 27, 2007 an Interlocal Agreement was entered into for a period of
three (3) years outlining the City of Boynton Beach’s responsibilities and duties within the concept of
developing a Youth Empowerment Center; and
WHEREAS,
due to budget cuts, no additional funding was available through the Board of
County Commissioners, however the Criminal Justice Commission was able to secure ARRA funding
and has decided to continue funding the Boynton Beach Youth Empowerment Center; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize
the City Manager to execute a one year Interlocal Agreement with Palm Beach County for funding in
the amount of $279,900.00 to continue implementation of the Youth Violence Prevention Program in
the City of Boynton Beach.
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
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and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. Upon recommendation of staff, this Commission does hereby authorize execution
of a one year Interlocal Agreement between the City of Boynton Beach and Palm Beach County for
funding in the amount of $279,900.00 to continue implementation of the Youth Violence Prevention
Program in the City of Boynton Beach, a copy of said Agreement is attached hereto and made a part
hereof as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________ Mayor –
Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – Ronald Weiland
_____________________________
Commissioner – Jose Rodriguez
_____________________________
ATTEST: Commissioner – Marlene Ross
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. K
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-154 -- Approve an
EQUESTED CTION BY ITY OMMISSION
Agreement with RESPECT of Florida for janitorial services at the Utility Department’s Administration
Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of
$49, 960.84.
ER:
The Utility Department is currently using RESPECT of Florida in our East and
XPLANATION OF EQUEST
West Water Treatment Plants and Administration Building for janitorial services. The Utility Department would like
to continue utilizing the janitorial services offered by this State organization. This organization provides
employment opportunities for Florida citizens with disabilities. Their work has been acceptable and we would like
to continue their contract services for another year. Attached is a breakdown of services each of the facilities.
Also included is the cost proposal for those services.
For the price quoted by RESPECT, the Department is receiving a greater value than was received under previous
contracts. Although comparative tasks can be denoted in price quotes or bids from other vendors, the quality of
work performed for janitorial services is not easily measured through the bidding process. RESPECT of Florida
has demonstrated an above average level of service, which contributes to providing safe and pleasant workspace
for customers and employees.
Janitorial services provided by RESPECT of Florida in 2006-07 and 2007-08 were $45,741.96 each year for the
East Water Treatment Plant and the Administration Building. In 2008-09 the cost was $49,257.66 which included
the addition of the West Water Treatment Plant.
H?
The cost for the West and East Water Treatment
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Plant is $27,045.77; Administration Building is $22,915.07 for a total of $49,960.84 annually.
FI
:
The total cost is $49,960.84 and is available in account numbers:
ISCAL MPACT
#401-2811-536-49-17 - $27,045.77 Public Water Treatment
#401-2821-536-49-17 - $22,915.07 Utilities Administration
A:
LTERNATIVES
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1.
Use City resources - Facilities Management does not have sufficient staff to maintain these
buildings properly. They already contract much of their janitorial services.
2.
Issue a separate contract via competitive bidding – the Utilities Department has utilized
contractual services obtained through the bidding process in the past, and the level of service did
not approach the level that has been provided by RESPECT of Florida.
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RESOLUTION NO. R
09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A CUSTODIAL
SERVICES AGREEMENT WITH RESPECT OF FLORIDA FOR
THE EAST AND WEST WATER TREATMENT PLANTS IN THE
AMOUNT OF $27,045.77 AND THE UTILTIIES
ADMINISTRATION BUILDING IN THE AMOUNT OF $22,915.07
WITH A TOTAL EXPENDITURE OF $49,960.84; AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the Utilities Department is currently using Respect of Florida for custodial services
at the Utility Department’s Administrative Building and the East Water Treatment Plant and would like
to expand their services to the West Water Treatment Plant for a period of one (1) year; and
WHEREAS,
RESPECT is a program falling under the auspices of the State of Florida according
to Florida Statute 413.036 which provides employment to disabled citizens of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby approves a
Custodial Services Agreement with RESPECT OF FLORIDA for the East and West Water Treatment
Plants in the amount of $27,045.77 and the Utilities Administrative Building in the amount of
$22,915.07 for a total expenditure of $49,960.84, and authorizes the City Manager and City Clerk to
execute the Agreement between the parties, a copy of which is attached hereto as Exhibit “A”.
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS _____ day of October, 2009.
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CITY OF BOYNTON
BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – Ronald Weiland
_______________________________
Commissioner
– Jose Rodriguez
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. L
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-155 -- Approve a
EQUESTED CTION BY ITY OMMISSION
new inter-local agreement with the Solid Waste Authority (SWA) for delivery of municipal recycling to
their new facility with a revenue sharing program.
ER:
Currently the City of Boynton Beach has an inter-local agreement
XPLANATION OF EQUEST
with the SWA for the delivery of all municipal recycling to their facility. On February 17, 2009,
Commission approved a new inter-local agreement for municipal recycling that would have
expired September 2013. The SWA has submitted a new inter-local agreement that includes a
provision to share the revenues from the sale of recyclables on a 50-50 split less their
operating expenses. The estimated annual revenue will be $60,000.
H?
The recycling program and the delivery of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the material will not be impacted. Additional revenue will be realized in the Solid Waste fund.
FI:
Failure to execute the agreement will cause the City to not realize the
ISCAL MPACT
additional revenues.
A:
Stay with current 5-year agreement and not participate in the revenue share
LTERNATIVES
program.
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RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND SOLID WASTE AUTHORITY OF PALM
BEACH COUNTY FOR A MUNICIPAL RECYCLING TO ITS
NEW FACILITY WITH A REVENUE SHARING PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
On February 17, 2009 the City Commission approved a new inter-local
agreement for municipal recycling that would have expired in September, 2013, and;
WHEREAS
, the Solid Waste Authority has submitted a new agreement that includes a
provision to share the revenues from the sale of recyclables on a 50-50 split minus the Solid Waste
Authority’s operating expenses; and
WHEREAS
, upon the recommendation of staff, the City Commission hereby approves and
authorizes the execution of the Interlocal Agreement between the City of Boynton Beach and Solid
Waste Authority for a Municipal Recycling Program and revenue sharing program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. Upon recommendation of staff, the City Commission does hereby approve
and authorize the City Manager and City Clerk to execute this Interlocal Agreement between the
City of Boynton Beach and Solid Waste Authority of Palm Beach County for a Municipal Recycling
Program and revenue sharing program, a copy of which is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2009.
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CITY OF BOYNTON BEACH, FLORIDA
_____________________________ Mayor –
Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – Ronald Weiland
_____________________________
Commissioner – Jose Rodriguez
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Reso - ILA for Municipal Recycling with shared rev.doc
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6. M
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Proposed Resolution No. R09-156 -- Approve the sixty-
EQUESTED CTION BY ITY OMMISSION
three (63) month Application Service Provider agreement with SunGard Public Sector Inc., effective
October 1, 2009, to host their integrated HTE government application-software package and the City's
data at SunGard's secure Georgia data-center. The total sixty-three (63) month cost is $879,765 (minus
a $30,332.82 credit for October 1 through December 31, 2009), in accordance with the attached
“Schedule A – Order Form”.
ER:
XPLANATION OF EQUEST
City departments use SunGard Public Sector’s HTE governmental software for: general ledger, utility
billing, web-based utility payments, electronic payments to vendors, business tax, payroll/personnel,
human resources, online-recruiting, fleet management, and other functions.
The Information Technology Services (ITS) Department runs the HTE software on an IBM AS/400 mid-
range computer at City Hall.
For Fiscal Year 2008-2009, the City budgeted approximately $260,000 for comparable costs as follows:
Approximately $190K for HTE software licensing, upgrades, and maintenance. (Although ITS
decreased the amount actually paid by eliminating some support and a one-time credit.)
$28K for AS/400 hardware repair, maintenance, and operating system upgrades.
$39K for a disaster-recovery agreement to respond to any local disaster by quickly bringing
replacement computer hardware.
$3,600 for a contract for secure off-site storage of City backup-data tapes.
The City is facing the following issues:
The City’s data and main financial applications are stored on a single AS/400 at City Hall.
There is a disaster recovery contract to provide replacement hardware; and the City’s data is
regularly backed-up and sent off-site. Nevertheless, there would still be “down-time” in the
event of a local disaster.
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The AS/400 hardware is aging and near its “end-of-life. Almost all of the AS/400’s storage is
already in use, so it is very difficult to load and test any new software releases. The purchase of
a new AS/400 would require a capital outlay of approximately $100K. (The $100K would be
amortized over approximately 5 years, for a yearly depreciation of about $20K.)
If a new AS/400 is not purchased, the City can expect the cost for annual hardware
maintenance to increase when the maintenance contract is renewed.
Therefore, staff is recommending that the City should enter into an agreement with SunGard to migrate
the City’s data plus SunGard’s HTE applications to a larger AS/400 located remotely in their Alpharetta,
GA datacenter.
Sungard will continue to provide the City with maintenance for their HTE software applications in use
here at City Hall; while simultaneously setting up and testing their HTE sofrware, the City’s other existing
AS/400 applications, and the City’s data on their Georgia AS/400. Sungard will credit the City for the
unused annual maintenance fee already paid for October through December 2009 and apply it to the
new contract. Starting with January 2010, the annual cost for each of the first two years is $154,800,
payable monthly. Then the annual fees increase during years three through five for a total sixty-three
(63) month cost of $879,765 (minus the credit) in accordance with the attached “Schedule A – Order
Form”, as outlined below in Fiscal Impact.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City Departments would continue to use their existing desktop computers to access the software and
data as they do now.
The City already has other applications that are hosted remotely, such as portions of the
Boynton Beach web site, Boynton QA, Internet security (i.e., firewall), etc. There is seamless
integration between internal applications and those that are hosted externally.
ITS staff would continue to assist City HTE users, program customized reports, analyze the
data, etc. Certain routine IT tasks (e.g., loading daily back-up tapes) would be off-loaded to
SunGard data-center staff. This could free up additional time for in-house ITS staff to assist City
computer users.
In addition, a remote AS/400 would greatly increase our level of disaster preparedness.
City personnel would be able to access the City’s financial and other systems from any site with
an internet connection in case of a local disaster at City Hall. This would include the City’s new
Emergency Operations Center (EOC) at Fire Station 5 or other sites.
The City’s software and data would be offsite in Georgia. It is unlikely that the Georgia
datacenter would be simultaneously affected by the same disaster that affects southeast
Florida. In addition, SunGard is in the disaster recovery business with multiple datacenters (and
multiple AS/400s) across the United States.
FI:
ISCAL MPACT
The proposed SunGard agreement would host the HTE software and the City’s data on a larger AS/400
for an initial annual cost of $154,800, which is budgeted in the ITS FY 2009-2010 operational account
#001-510-513-64-15.
There is no additional “rental” for using the SunGard data-center AS/400. The agreement
eliminates the capital cost for a new AS/400 and also decreases the 2009-2010 ITS operational
budgets.
The five-year contract keeps this price “flat” for 2 years, and then prescribes the annual
increases. The monthly access fees follow:
Per Month Per Year
Months 1-3 (Oct through Dec 2009) $10,110.94 $30,332.82
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Notes: For the 3
months – Oct
SunGard has extended this discounted offer until Oct 30, 2009.
through Dec.
The city will receive 3 months credit from the previous HTE
licensing and support contract
Months 4 –15 $12,900.00 $154,800.00
Months 16 – 27 $12,900.00 $154,800.00
Months 28 – 39 $13,932.00 $167,184.00
Months 40 – 51 $14,930.00 $179,160.00
Months 52 – 63 $16,124.00 $193,488.00
After the in-house AS/400 is eliminated, the City may also achieve additional savings in the
separate disaster recovery contracts (which provide for off-site data-storage and equipment in
case of a disaster).
A:
LTERNATIVES
The alternatives are to:
1. Do Nothing -- Retain our current in-house AS/400 and delay any software upgrades. This will
actually become the most expensive alternative, since the 48-month maintenance cost for the
City’s current AS/400 is expected to increase to more than equal the 48-month cost to lease a
new AS/400.
2. Budget to purchase a new AS/400 (approximately $100K capital cost) – in addition to the
current operating costs.
3. Lease a new AS/400 (approximately $108K for a 4-year term) – in addition to the current
operating costs.
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RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE A
SIXTY-THREE (63) MONTH APPLICATION SERVICE PROVIDER
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
SUNGARD PUBLIC SECTOR, INC., TO HOST THEIR
INTEGRATED HTE GOVERNMENT APPLICATION SOFTWARE
PACKAGE AND THE CITY’S DATA AT SUNGARD’S SECURE
GEORGIA DATA-CENTER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
City departments use SunGard Public Sector’s THE government software for:
general ledger, utility billing, web-based utility payments, electronic payments to vendors, business tax,
payroll/personnel, human resources and other functions; and
WHEREAS
, upon recommendation of staff, the City Commission has determined that it is in
the best interests of the residents of the City to approve and authorize the City Manager to execute a
sixty-three (63) month Application Service Provider Agreement between the City of Boynton Beach
and SunGard Public Sector, Inc., to host their integrated HTE Government Application Software
package and the City’s data at SunGard’s secure Georgia data-center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
and authorize and direct the City Manager and City Clerk to execute a sixty-three (63) month
Application Service Provider Agreement between the City of Boynton Beach and SunGard Public
Sector, Inc., to host their integrated HTE Government Application Software package and the City’s data
at SunGard’s secure Georgia data-center, a copy of the Provider Agreement is attached hereto as Exhibit
"A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
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Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – Ronald Weiland
______________________________
Commissioner – Jose Rodriguez
______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. N
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-157 -- Execute, via
EQUESTED CTION BY ITY OMMISSION
a resolution, the Interlocal Agreement (ILA) with the Town of Ocean Ridge to allow beach patrons who
have purchased annual parking permits to park at designated spaces at the west end of the Town Hall
parking lot at times when the Oceanfront Park parking lot is in on overflow status.
ER:
In June 2000, the City and the Town of Ocean Ridge executed a
XPLANATION OF EQUEST
Dispute Resolution Agreement whereby two parcels of property owned by the City and
adjacent to the Town’s administrative offices where conveyed to the Town pursuant to a
Contract for Sale and Purchase. A condition of this agreement provided that the Town will
grant the City unrestricted right to access a portion of the parking spaces within the Town Hall
parking lot for use as overflow parking when the parking lot at Oceanfront Park is full. This
became problematic for the Town when their new Town Hall was constructed. Consequently,
we now wish to amend the Dispute Resolution Agreement by executing this ILA in an effort to
efficiently provide access to the area designated for overflow parking. The ILA also
establishes additional operational procedures for the use of the overflow parking area.
H?
Oceanfront Park is one of the City’s most
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
popular amenities. It includes 260 parking spaces. Ocean Ridge Town Hall is located directly
across the street from Oceanfront Park. Ocean Ridge agrees to provide the City with the right
to access approximately twenty-two (22) parking spaces located at the west end of the Town
Hall parking lot for use as overflow parking. Only people with current Oceanfront Park annual
resident parking permits will be able to utilize these additional parking spaces. When overflow
parking is necessary, the City will provide, erect and remove temporary parking signs. The
City will also provide a Parking Attendant or other personnel at the Town Hall to ensure that
only those spaces designated as overflow parking are utilized.
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The use of overflow parking under this ILA will generally be limited to the normal operating
hours of Oceanfront Park. However, by prior notice for special events, arrangements can be
made to ensure access to the necessary overflow parking. These arrangements will be
handled as part of the planning process for an event.
FI:
Cost to make the sign will be approximately $100. Depending on the type and
ISCAL MPACT
duration of the event, it will cost approximately $25 - $100 to provide a Parking Attendant or
other personnel as needed.
A:
Do not approve the ILA.
LTERNATIVES
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RESOLUTION NO.
R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE TOWN OF OCEAN
RIDGE FOR OVERFLOW BEACH PARKING AT OCEAN RIDGE
TOWN HALL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Section 163.01, Florida Statues, known as the “Florida Interlocal Cooperation
Act of 1969” authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS,
in June, 2000 the City of Boynton Beach and the Town of Ocean Ridge
executed a Dispute Resolution Agreement whereby two parcels of property owned by the City and
adjacent to the Town’s administrative offices were conveyed to the Town pursuant to a Contract for
Sale and Purchase; and
WHEREAS
, a condition of the Town was to grant the City unrestricted right to access a
portion of the parking spaces within the Town Hall parking lot for use as overflow parking when the
parking lot at Oceanfront Park is full which became difficult for the Town when their new Town
Hall was constructed; and
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WHEREAS
, this Interlocal Agreement will efficiently provide access to the area designated
for overflow parking and establishes additional operational procedures for the use of the overflow
parking area; and
WHEREAS
, the City Commission of the City of Boynton Beach upon recommendation of
staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to
authorize execution of the Interlocal Agreement with the Town of Ocean Ridge for overflow beach
parking at Ocean Ridge Town Hall.
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 hereby ratified as being 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 and City Clerk to execute an Interlocal Agreement between the
City of Boynton Beach and the Town of Ocean Ridge providing for cooperation between the parties
concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean
Ridge Town Hall, said Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
{remainder of page intentionally left blank}
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PASSED AND ADOPTED this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – Ronald Weiland
________________________________
Commissioner – Jose Rodriguez
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND TOWN OF OCEAN RIDGE
FOR OVERFLOW BEACH PARKING AT OCEAN RIDGE TOWN HALL
THIS INTERLOCAL AGREEMENT is made and entered into as of this __________ day of
____________________________, 2009, by and between:
CITY OF BOYNTON BEACH, FLORIDA
, a Florida municipal corporation with an address
of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter “City”);
AND
TOWN OF OCEAN RIDGE FLORIDA
,, a Florida municipal corporation with an address of
6450 N. Ocean Ridge Boulevard, Ocean Ridge, Florida, 33435 (hereinafter “Town”). City and
Town may be collectively referred to as the “Parties”.
WITNESSETH:
WHEREAS
, the City owns and operates Boynton Beach Oceanfront Park, which includes an
area of land designated as a parking lot for visitors to the park and beachgoers (hereinafter “beach
parking lot”); and
WHEREAS
, the Town owns the Ocean Ridge Town Hall located at 6450 North Ocean
Boulevard, Ocean Ridge, Florida, and its adjacent land which is used as a parking lot for the Town Hall;
and
WHEREAS
, the City’s beach parking lot is located geographically near the Town Hall parking;
and
WHEREAS
, the parties acknowledge the City’s recurring need to use the Town Hall parking lot
for overflow parking when the City’s beach parking lot is full; and
WHEREAS
, on or about June 6, 2000, the City and Town executed a Dispute Resolution
Agreement (hereinafter “Initial Agreement”) whereby two parcels of property owned by the City and
adjacent to the Town’s administrative offices (hereinafter “Town Hall”) where conveyed to the Town
pursuant to a Contract for Sale and Purchase; and
WHEREAS
, a condition of the Initial Agreement provides that the Town shall grant the City an
unrestricted right to access a portion of the parking spaces within the Town Hall parking lot for use as
overflow parking when the City’s beach parking lot is full; and
WHEREAS
, Chapter 163, Florida Statutes, authorizes local governments to enter into Interlocal
Agreements to make the most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population and other factors influencing the needs and development
of the local communities; and
WHEREAS
, the parties desire to amend the Initial Agreement by executing this Interlocal
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Agreement in an effort to efficiently provide access to such overflow parking and to establish additional
operation procedures for the City’s use of the Town Hall lot for overflow parking.
NOW, THEREFORE,
in consideration of the mutual terms, conditions, promises and covenants
hereinafter set forth and for other good and valuable considerations, the receipt and legal sufficiency of
which are hereby acknowledged, the City and the Town hereby agree as follows:
ARTICLE 1 – Services
A. The Town agrees to provide the City with the right to access a portion of the Town’s
parking spaces located at the Town Hall for use as overflow parking when the City’s beach parking lot is
full. The parties agree that overflow parking will be allowed only in designated spaces at the west end
of the Town Hall lot as designated on the plan attached hereto as Exhibit “A.” Overflow parking at the
Town Hall lot will be allowed when the City’s beach parking is at an overflow status, as determined by
the City. Only those persons with current and valid beach decals may utilize the area governed by this
Agreement.
B. The Town agrees to make approximately twenty-two (22) parking spaces available to the
City for the City’s overflow parking needs. The City acknowledges that the spaces located in the lot in
front of the Town Hall will not be used for overflow parking, unless specifically authorized by the Town
for a particular event.
C. The City agrees to provide, erect and remove temporary parking signs during the times
the overflow parking is being used at the Town Hall lot.
D. The City agrees to provide a Parking Attendant or other personnel at the Town Hall lot
during the times that overflow beach parking is needed and being used to ensure that only those spaces
designated as overflow parking are utilized.
E. The Town will designate a contact person within the Town’s Police Department to act as
a liaison between the City and the Town for issues arising under this Agreement and to receive notice of
the City’s intent to use the overflow parking as provided for herein. When the City determines that
access to the overflow parking created herein is necessary, the City’s Parking Attendant or Beach
Supervisor will contact the Town’s Police Department liaison to inform the Town that overflow parking
may be required at the Town Hall lot.
F. The use of overflow parking under this Agreement is generally limited to the normal
operating hours of the beach. However, by prior notice for special event, including but not limited to
concerts, at the Oceanfront Park, arrangements will be made between the parties at least seven (7) days
prior to the event to ensure access to the necessary overflow parking. These arrangements may be
handled as part of the City’s Special Events Review Process. The Town agrees to provide such
overflow parking for the City’s special events unless the Town has a previously scheduled event or
conflict at the Town Hall the same date and time as the City’s special event.
ARTICLE 2 – Commencement Date and Term
The Commencement Date of this Agreement shall
be the date shown herein below when the last party to this Agreement has executed same. This
Interlocal Agreement shall remain in full force and effect for the term of the Initial Agreement including
any renewal terms.
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ARTICLE 3 – Filing
This Agreement shall be recorded in the Public Records of Palm Beach County,
Florida and shall constitute a covenant running with the land.
ARTICLE 4 – Indemnification
Both parties are state agencies as defined in Chapter 768.28,
Florida Statutes. Each party shall be responsible for the acts and omissions of its agents or employees to
the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable or as a waiver of limits of liability under
Section 768.28, Fla. Stat. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement
or any other contract.
ARTICLE 5 – Insurance
In connection with its use of the Town Hall lot, the City agrees to obtain a
Certificate of Insurance naming the Town as an additional insured.
ARTICLE 6 – Notice
Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by certified United Stated mail, with return receipt requested, by hand
delivery, or by facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining parties. Notice shall be deemed given upon receipt. The parties designate
the following as their respective places for giving of notice.
City: City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
Copy to: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
Town: Town Manager
Town of Ocean Ridge
6450 North Ocean Blvd.
Ocean Ridge, Florida 33435
Telephone No. _______________
Copy to: Kenneth Spillias, Town Attorney
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, Florida 33401
Telephone No. (561) 640-0820
Facsimile No. (561) 640-8202
ARTICLE 7 – Exhibits
Each Exhibit referred to in this Agreement forms an essential part of this
Agreement, and is deemed a part hereof. The exhibits if not physically attached should be treated as part
of this Agreement and are incorporated herein by reference.
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ARTICLE 8 – Waiver
Failure of the parties to insist upon strict performance of any covenant or
condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver
or relinquishment for the future of any such covenant, condition or right, but the same shall remain in
full force and effect.
ARTICLE 9 – Initial Agreement
The remainder of the Initial Agreement shall remain binding and
valid. In the event of any conflict or ambiguity by and between the terms and provisions of this
Interlocal Agreement and the Initial Agreement, the terms and provisions of this Interlocal Agreement
shall control to the extent of any such conflict or ambiguity.
ARTICLE 10 – No Third-Party Beneficiary
This Agreement is made solely and specifically
among and for a the benefit of the parties hereto, and their respective successors and assigns subject to
the express provisions hereof relating to successors and assigns, and not other person shall have any
rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement
as a third-party beneficiary or otherwise.
ARTICLE 11 – Remedies
Each party hereto recognizes and agrees that the violation of any terms,
provision, or condition of this Agreement may cause irreparable damage to the other Parties, which may
be difficult to ascertain, and that the award of any sum of damages may not be adequate relief to such
parties. Each party, therefore, agrees that, in addition to other remedies available in the event of a
breach of this Agreement, any other party shall have a right to equitable relief, including, but not limited
to, the remedy of specific performance.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement on the dates
hereinafter subscribed.
CITY OF BOYNTON BEACH
Attest:
____________________________ By:_________________________________
JANET PRAINITO KURT BRESSNER
City Clerk City Manager
Date:____________
Approved as to legal form.
______________________________
Office of the City Attorney
TOWN OF OCEAN RIDGE
Attest:
___________________________ By:_________________________________
____________________ KENNETH N. SCHENCK, JR.
Town Clerk Town Manager
Date:______________
Approved as to legal form.
______________________________
Town Attorney
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6. O
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
10/20/09
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
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ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-158 -- Approve the
EQUESTED CTION BY ITY OMMISSION
Interlocal Agreement between the City of Lake Worth and the City of Boynton Beach for building,
planning and related administrative services.
ER:
Approve a contract with the City of Lake Worth wherein the City of
XPLANATION OF EQUEST
Boynton Beach will provide building, planning and related administrative services on an as
needed basis. The Interlocal Agreement would be in effect until September 30, 2010.
H?
Increases revenue to the city and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
contributes to Interlocal cooperation. The City will provide professional Planners, Plan
Reviewers, Inspectors and a Building Official as required. At present the City of Boynton
Beach is providing the services of a Building Official for approximately (20) hours per week
under an interim agreement.
FI:
Approximately $10,000 of additional revenue to the City of Boynton Beach, per
ISCAL MPACT
year.
A:
Do not approve Interlocal Agreement.
LTERNATIVES
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RESOLUTION NO.
R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE CITY OF LAKE WORTH
FOR BUILDING AND PLANNING SERVICES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
Section 163.01, Florida Statues, known as the “Florida Interlocal Cooperation
Act of 1969” authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS,
The City of Lake Worth is desirous of procuring all or some of the
administrative and inspection services relating to building and planning which is provided by the
City of Boynton Beach Development Department; and
WHEREAS
, the Boynton Beach Development Department is willing to perform such
services; and
WHEREAS
, the City Commission of the City of Boynton Beach upon recommendation of
staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to
authorize execution of the Interlocal Agreement with the City of Lake Worth for building and
planning services and related administrative Services.
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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 hereby ratified as being 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 and City Clerk to execute an Interlocal Agreement between the
City of Boynton Beach and the City of Lake Worth for building and planning services and related
administrative services, said Agreement being attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – Ronald Weiland
________________________________
Commissioner – Jose Rodriguez
ATTEST:
_______________________________
Commissioner – Marlene Ross
_____________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. P
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-159 -- Authorize
EQUESTED CTION BY ITY OMMISSION
entering into a contract with Palm Beach County Housing and Community Development, implementing
activities under the 2005 Disaster Recovery Initiative Program, and receiving maximum reimbursement
of $1,629,170.
ER:
Palm Beach County received funding from the United States
XPLANATION OF EQUEST
Department of Housing and Urban Development under its Community Development Block
Grant Program through the State of Florida Department of Community Affairs in connection
with the State 2005 Disaster recovery Initiative Program for the purpose of rehabilitating
dwellings that were damaged and/or destroyed by hurricane Wilma.
Palm Beach County’s original date to expend funds is February 15, 2010. A determination
between the County and the Department of Housing Affairs is that this date is unreasonable,
and an eighteen month extension is being processed between the two agencies. As a result,
the City of Boynton Beach will implement its strategy to encumber as much of the funds as
needed to assist our residents. Without the time extension, limited assistance can be provided.
City Staff has developed a plan of action which is acceptable to County staff to assist city
residents who have not repaired or replaced housing damaged as a result of this storm, and
did not have sufficient insurance to address their situation. This plan allows for rehabilitation
and housing replacement.
H?
Address income eligible housing affected
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by hurricane Wilma throughout the entire city which may have a negative impact on
communities.
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FI:
The County agrees to provide 100% reimbursable funding to the City for a
ISCAL MPACT
maximum amount of $1,629,170 for eligible costs incurred by the City as follows.
$ 1,074,000 – Rehabilitative construction costs and related expenses.
$ 465,000 – Activities to be determined.
$ 8,000 – Temporary relocation costs.
$ 82,170 – City costs (approximately 5% of total costs) incurred to inspect, coordinate
construction and provide affordable housing administrative support.
A:
Not to enter into the contract to provide the services and receive
LTERNATIVES
reimbursement for eligible costs.
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RESOLUTION R09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY FOR THE
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS TO RECEIVE $1,629,170.00 IN
FUNDING THROUGH THE 2005 FLORIDA CDBG DISASTER
RECOVERY INITIATIVE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
Palm Beach County received funding from the United States Department of
Housing and Urban Development under its Community Development Block Grant Program through the
State of Florida Department of Community Affairs in connection with the State’s 2005 Disaster
Recovery Initiative Program for the purpose of rehabilitating dwellings that were damaged and/or
destroyed by hurricane Wilma; and
WHEREAS
, a determination between the County and the department of Housing Affairs that
the date of 2010 for Palm Beach County to expend the funds was unreasonable and an eighteen month
extension is appropriate; and
WHEREAS,
the City of Boynton Beach will implement its strategy to encumber as much of the
funds as needed to assist its residents; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of
the Interlocal Agreement with Palm Beach County to implement the activities associated with the funds
that have been allocated to the City of Boynton Beach.
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.
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Section 2. Upon recommendation of staff, this Commission does hereby authorize execution
of this Interlocal Agreement between the City of Boynton Beach and Palm Beach County to implement
the activities associated with the funds that have been allocated to the City of Boynton Beach, a copy of
which Agreement is attached hereto and made a part here.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________ Mayor –
Jerry Taylor
_____________________________
Vice Mayor – Woodrow L. Hay
_____________________________
Commissioner – Ronald Weiland
_____________________________
Commissioner – Jose Rodriguez
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. Q
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-160 -- Approve the
EQUESTED CTION BY ITY OMMISSION
Interlocal Agreement between Palm Beach County (PBC) and the City of Boynton Beach for
participation in the Drowning Prevention Coalition (DPC) Learn to Swim Program, which provides
vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool.
ER:
For swimming lessons provided by the City, in exchange for the DPC Learn to
XPLANATION OF EQUEST
Swim Program, the County will pay the City its usual and customary fee per class. The vouchers are issued by
the Learn to Swim Program and are valued at a maximum of $50 per class. The term of the Agreement shall
commence in October and shall remain in effect until September 30, 2010.
H?
Various swimming lesson classes are offered at
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the John Denson pool. All the classes are open to the public and will not be restricted to voucher holders. The
County will be invoiced monthly based on the number of swimming lesson classes. We anticipate that the
number of participants in these classes will increase significantly.
FI:
D
irect expenses are covered by the registration fee for the swimming lesson classes.
ISCAL MPACT
A:
Do not enter into the agreement and accept vouchers for swimming lessons.
LTERNATIVES
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RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH FOR PARTICIPATION IN THE
DROWNING PRVENTION COALITION LEARN TO SWIM
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the County will pay to the City its usual and customary fee per swim class for
swimming lessons provided by the City in exchange for the Drowning Prevention Coalition Learn to
Swim Program; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize
execution of the Interlocal Agreement with Palm Beach County which expires September 30, 2010, for
participation in the Drowning Prevention Coalition Learn to Swim Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby authorizes the Mayor
and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach
County which expires September 30, 2010, for participation in the Drowning Prevention Coalition
Learn to Swim Program, a copy of said Agreement is attached hereto and made a part here as Exhibit
“A”.
Section 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________ Mayor –
Jerry Taylor
_____________________________
Vice Mayor – Woodrow L Hay
_____________________________
Commissioner – Ronald Weiland
_____________________________
Commissioner – Jose Rodriguez
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. R
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Proposed Resolution Number R09-161 -- Approve the FY
EQUESTED CTION BY ITY OMMISSION
2008-09 (a) transfer of budgeted funds from the Fire Assessment Fund to the General Fund in the
amount of $3,174,665 and (b) increase the General Fund authorized appropriation and related budget of
such funds in the same amount of $3,174,665.
ER:
In the FY 2008-09 budgeted appropriations, and consistent with recent
XPLANATION OF EQUEST
years, personnel services and other expenditures related to twenty four (24) firefighters had been
budgeted, expended and accounted for in the Fire Assessment Fund. However, the accounting for such
expenditures is more appropriately expended from and accounted for in the General Fund along with all
other expenditures of the Fire Department.
In turn, the provision for funding of these Fire Department expenditures can be provided to the General
Fund by the Fire Assessment Fund to the extent such monies are available, allocable and appropriated
for fire rescue services, facilities and programs. This was accomplished.
H?
There is no affect on fire programs or services.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This is merely a “housekeeping” item of the Financial Services Department for the preferred method of
accounting that was implemented in FY 2008-09.
FI:
There is a net “zero” impact on both the General Fund and the Fire Assessment Fund
ISCAL MPACT
as follows.
Fire Assessment Fund: 305-4118-580-xx-xx
$3,174,665 reduction of expenditures
o
$3,174,665 increase of transfers to the General Fund
o
General Fund: 001-2210-522-xx-xx
$3,174,665 increased transfers from (funding source) the Fire Assessment Fund.
o
$3,174,665 increase of expenditures (funding use)
o
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A:
None as the above-referenced expenditures were made in the General Fund for FY
LTERNATIVES
2008-09 and this action merely provides the funding for these costs.
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RESOLUTION 09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING
THE FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008,
AND ENDING SEPTEMBER 30, 2009 BY TRANSFERRING BUDGETED FUNDS
FROM THE FIRE ASSESSMENT FUND TO THE GENERAL FUND IN THE
AMOUNT OF $3,174,665.00 AND INCREASING THE GENERAL FUND
APPROPRIATION IN THE AMOUNT OF $3,174,665.00 FOR THE PERSONNEL
SERVICES AND OTHER EXPENDITURES RELATED TO TWENTY-FOUR (24)
FIREFIGHTERS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN
EFFECTIVE DATE.
WHEREAS,
a final budget was approved by the City Commission on September 18, 2008, for
the 2008/09 fiscal year; and
WHEREAS
, in recent years, personnel services and other expenditures related to twenty-four
(24) firefighters had been budgeted, expended and accounted for in the Fire Assessment Fund; and
WHEREAS,
the accounting for such expenditures is more appropriately expended from and
accounted for in the General Fund along with all other expenditures of the Fire Department; and
WHEREAS,
staff recommends approving this housekeeping item of the Financial Services
Department for the preferred method of accounting that was implemented in Fiscal Year 2008-09.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal year
beginning October 1, 2008, and ending September 30, 2009, is hereby amended by providing for a
transfer of $3,174,665.00 budgeted in 2008/09 from the Fire Assessment Fund to the General Fund
and increase the General Fund appropriation by $3,174,665.00 for personnel services and other
expenditures related to twenty-four (24) firefighters which had been budgeted, expended and
accounted for in the Fire Assessment Fund.
Section 3. All delinquent taxes collected during the ensuing fiscal year as proceeds from
levies of operation millages of prior years are hereby specifically appropriated for the use of the General
Fund.
Section 4. If any clause, section or other part of this Resolution shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall
be considered as eliminated and shall in no way affect the validity of the remaining portions of this
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Resolution.
Section 5. If any clause, section or other part of this Resolution shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall
be considered as eliminated and shall in no way affect the validity of the remaining portions of this
Resolution.
Section 6. All Resolution or parts of Resolution in conflict herewith are hereby repealed to
the extent of such conflict.
PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor - Jerry Taylor
____________________________
Vice Mayor – Woodrow L. Hay
____________________________
Commissioner – Ronald Weiland
____________________________
Commissioner – Jose Rodriguez
ATTEST: ____________________________
Commissioner – Marlene Ross
________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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6. S
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Accept the monthly report on the major projects being
EQUESTED CTION BY ITY OMMISSION
completed by the Recreation and Parks Department.
ER:
XPLANATION OF EQUEST
PARK BUDGET STATUS
AMOUNT
Barton Greenway $116,070 The IBI Group has completed the 100% construction
plans, which have been sent to South Florida Water
Management District for review. 100% funded by
FDOT. No City funds required.
Boat Club $417,500 Recommendation for contractor has been sent to
Procurement. Funding in the amount of $375,000 is
provided by Palm Beach County.
Jaycee Park $400,000 Project is underway. Anticipated completion date of
Boardwalk October 31. Contract amount with 10% contingency is
$231,000.
Oceanfront $2,400,000 Project was sent to bid on October 21. Target for
Boardwalk commencement of construction is early December.
Palmetto $400,000 The IBI Group has completed the 100% construction
Greenway plans which have been sent to South Florida Water
Extension Management District for review. 100% funded by
FDOT. No City funds required.
Pence Park $100,000 Conversion of the softball field to a multipurpose field
Renovation has begun. Target completion date is the end of
September.
H?
For purposes of this report, N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI:
For purposes of this report, N/A
ISCAL MPACT
A:
For purposes of this report, N/A
LTERNATIVES
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6. T
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
10/20/09
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Release all surety for the water and sewer systems for the
EQUESTED CTION BY ITY OMMISSION
project known as Waterside, including the surety for offsite improvements, in the amount of $48,825.65,
and refunding this amount to Southern Homes of Palm Beach, LLC, the developer of the project.
ER:
Two separate cash sureties were posted for this project’s water and sewer
XPLANATION OF EQUEST
improvements. The first was in the amount of $21,870.75, and the second in the amount of $26,954.90.
All water and sewer improvements have been completed, and have operated satisfactorily through the
warranty period. This surety may therefore be refunded by issuing a check to the developer as follows:
Mr. Hector Garcia
SOUTHERN HOMES OF PALM BEACH, LLC
12895 S.W. 132nd Street
Suite 200
Miami, Florida 33186
H?
No impact.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None. The City has no alternative to releasing this surety upon satisfaction of all
LTERNATIVES
requirements.
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6. U
CONSENT AGENDA
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
10/20/09
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Motion to release all surety for the water and sewer
EQUESTED CTION BY ITY OMMISSION
systems for the project known as Renaissance Commons, Phase VI, and returning Letter of Credit no.
SM222405W from Wachovia Bank to the developer of this project.
ER:The developer of this project, Boynton Development
XPLANATION OF EQUEST
Associates II, LLC, furnished a letter of credit in the amount of $23,969 to guarantee
completion of the project, and its’ satisfactory performance through the warranty
period. All necessary documents have been furnished, and the systems have
performed satisfactorily. The letter of credit may therefore be returned to the developer
at the following address:
Mr. Karl E. Klepper, Jr.
Boynton Development Associates II, LLC
1500 Gateway Blvd., Suite 200
Boynton Beach, FL 33426
H?There will be no effect to City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
programs or services.
FI:None
ISCAL MPACT
A:NoneThe City has no alternative to releasing this surety upon
.
LTERNATIVES
satisfaction of all requirements.
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8. A
PUBLIC HEARING
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Baywalk, (SPTE 09-007), Site Plan Time Extension,
EQUESTED CTION BY ITY OMMISSION
located at 3103 South Federal Highway; west side of Federal Highway, approximately 1/8 mile south of
Old Dixie Highway. Request approval of a one (1)-year site plan time extension for a new site plan
(NWSP 08-001) approved on January 2, 2008, thereby extending site plan approval from July 2, 2009 to
July 2, 2010. Applicant: Alberto Herrera, P.E., Development Consulting Group, Inc. Staff and Board
recommend item be approved.
ER: Site Plan Time Extension for Baywalk tabled from August 25,
XPLANATION OF EQUEST
2009 meeting.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
N/A
FI:
ISCAL MPACT
N/A
A:
LTERNATIVES
N/A
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-040
STAFF REPORT
TO: Chair and Members
Planning & Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Kathleen Zeitler
Planner II
DATE: July 20, 2009
PROJECT NAME/NO: Baywalk / SPTE 09-007
REQUEST: Site Plan Time Extension
_______
PROJECT DESCRIPTION
Property Owner: Southern Homes of Palm Beach V, LLC
Applicant: Mr. Alberto Herrera, P.E., Development Consulting Group, Inc.
Agent: Mr. Alberto Herrera, P.E., Development Consulting Group, Inc.
Location: 3103 South Federal Highway; west side of Federal Highway,
approximately 1/8 mile south of Old Dixie Highway (see
Exhibit “A” - Location Map)
Existing Land Use: Special High Density Residential (SHDR – max. 20 units/acre)
Existing Zoning: Infill Planned Unit Development (IPUD)
Proposed Land Use: No change
Proposed Zoning: No change
Proposed Use: 40 condominium units (17.7 units/acre)
Acreage: 2.26 acres (98,446 square feet)
Adjacent Uses:
North: Developed commercial property (self-storage facility) zoned
Community Commercial (C-3);
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South: Vacant property designated Special High Density Residential
(SHDR) and zoned Planned Unit Development (PUD) (former
Palm Cove project, site plan expired);
East: Right-of-way for Federal Highway, then farther east, property
designated Special High Density Residential (SHDR) and
zoned Infill Planned Unit Development (IPUD) (Waterside
development of 113 townhomes on 7.3 acres);
West: Developed residential property located in unincorporated
Palm Beach County with a Commercial High (CH/5) land use
classification, zoned Residential Multi-family (RM).
BACKGROUND
Mr. Alberto Herrera, agent for Southern Homes of Palm Beach (property owner), is requesting a one
(1)-year site plan time extension for the Baywalk site plan development order (NWSP 08-001), which
was approved by the City Commission on January 2, 2008 (see Exhibit “B” – Applicant’s Justification
Request). The site plan approval is valid for 18 months from the original date of approval, allowing the
property owner until July 2, 2009 to secure a building permit for the project. If this request for a time
extension were approved, site plan expiration would be extended from July 2, 2009 to July 2, 2010.
The property owner has received the following previous approvals for the subject
property: land use amendment (LUAR 04-003) from Local Retail Commercial (LRC) to
Special High Density Residential (SHDR); rezoning (LUAR 04-003) from Community
Commercial (C-3) to Infill Planned Unit Development (IPUD); new site plan (NWSP 06-
017) for 40 townhomes (expired); and a new site plan (NWSP 08-001) for 40
condominium units. The subject application is the first request for a site plan time
extension for this project.
The approved site plan proposes 40 units within 18 separate buildings with eight (8) unit types, and a
mix of two (2) and three (3) bedroom units ranging from 951 square feet to 1,393 square feet of air-
conditioned area (see Exhibit “C” – Site Plan). The proposed units are condominium-style ownership,
with all areas other than the individually-owned units considered to be common areas. A recreational
amenity area would include a swimming pool and poolhouse for the use of the residents and their
guests.
The proposed buildings and poolhouse present a higher quality of architectural design and materials,
resembling a rustic Mediterranean design which includes the following: clay roof tiles; stucco walls in
earth colors; recessed entries and porticos; balconets with decorative aluminum railings; wooden
shutters; decorative medallions; carved stone; and raised trim (see Exhibits “C-1” and “C-2” – Building
Elevations). The public art proposed to enhance the ambiance of the project entrance will feature a
custom carved stone sculpture atop a carved stone fountain.
ANALYSIS
The Site Plan (NWSP 08-001) Development Order was originally approved on January 2, 2008.
According to Chapter 4, Section 5 of the Land Development Regulations, “the applicant shall have
eighteen (18) months to secure a building permit from the Development Department.” Examples of
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building permits include but are not limited to the following: Plumbing, electrical, mechanical,
foundation, and structural. The Regulations authorize the City Commission to approve site plan time
extensions up to one (1) year, provided that the applicant files the request prior to the expiration date
of the development order. In this case, the applicant has met that requirement. The Planning &
Zoning Division received the application for time extension on April 30, 2009, approximately two (2)
months prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension, the applicant cites the
current market conditions, and explains that additional time is needed to address the conditions of
approval and complete the permitting process (see Exhibit “B”). The justification submitted also
indicates that the owner has begun the process of obtaining required engineering permits for site
development, and is currently in the plat approval process.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. Traffic concurrency was originally approved in 2006 with a build-out date of 2008. The
new site plan (NWSP 08-001) was approved with a condition requiring a revised traffic concurrency
approval from Palm Beach County Traffic Engineering with an updated project build-out date prior to
permitting. School concurrency was approved by the School District of Palm Beach County who
reviewed the project and determined that adequate capacity exists to accommodate the projected
resident population based on a total of 40 units. As for utilities, records indicate the utility reservation
fee expired in May, 2005. To be extended for another year, the fee of $6,375.60 must be paid.
Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be
available when the developer is ready to move forward (see Exhibit “D” – Conditions of Approval).
In addition, staff recommends as a condition of approval of the site plan time extension, that the
previous 38 conditions of approval associated with the approved site plan (NWSP 06-025) would
continue to apply and must be satisfactorily addressed during the building permit process (see Exhibit
“D” – Conditions of Approval). Lastly, no new land development regulations are now in place which
staff recommends should be applied to the subject project.
RECOMMENDATION
Staff is generally in favor of the development efforts represented by the approved site
plan, and recommends approval of this request for a one (1)-year time extension of the
site plan (NWSP 08-001), subject to two (2) recommended conditions. If this request for
an extension were approved, the expiration of this site plan would be extended to July 2,
2010. Any additional conditions recommended by the Board or required by the City
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit
“D”).
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Baywalk\SPTE 09-007\Staff Report.doc
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EXHIBIT "D"
Conditions of Approval
Project name: Baywalk
File number: SPTE 09-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS – Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
X
Comments: None
UTILITIES
Comments:
1. The applicant shall pay the utility reservation fee in order to ensure capacity X
will be available when project commencement is anticipated.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
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DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
X
Comments: None
FORESTER/ENVIRONMENTALI
ST
Comments: None X
PLANNING AND ZONING
Comments:
2. If this request for site plan time extension is approved, all outstanding X
conditions of approval from the original development order (NWSP 08-001)
must still be satisfactorily addressed during the building permit process.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
- 566 -
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Baywalk (fka Oceanside)\SPTE 09-007\COA.doc
- 567 -
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON
BEACH, FLORIDA
PROJECT NAME: Baywalk
APPLICANT’S AGENT: Alberto Herrera, P.E., Development Consulting Group, Inc.
AGENT’S ADDRESS: 12855 SW 132 St. Suite 206 Miami, FL 33186
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2009
TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension
west side of Federal Highway, approximately
LOCATION OF PROPERTY: 3103 South Federal Highway (
1/8 mile south of Old Dixie Highway).
DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO.
___X_____ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit “D” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
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6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other _______________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Baywalk (fka Oceanside)\SPTE 09-007\DO.doc
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8. B
PUBLIC HEARING
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
High Ridge Academy, (COUS 09-005) (MSPM 09-007),
EQUESTED CTION BY ITY OMMISSION
Conditional Use / Major Site Plan Modification, located at 1275 Gateway Boulevard/ NE corner of
Gateway Boulevard and Park Ridge Boulevard. Request approval for conditional use / major site plan
modification to allow for the conversion of an existing 14,692 square foot office building to a
preschool/day care use. Applicant: 1325 Gateway LLC. The Planning and Development Board
recommends, and staff concurs, that the item should be TABLED allowing submission of confirmation
regarding vehicle stacking capacity, taking into consideration both the traffic movement and peak period
characteristics of the subject use and the two other adjacent schools.
ER:
XPLANATION OF EQUEST
High Ridge Academy approval for conditional use / major site plan modification for an existing
office building.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
N/A
FI:
ISCAL MPACT
N/A
A:
LTERNATIVES
N/A
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DEVELOPMENT DEPARTMENT
=
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-059
TO: Chair and Members
Planning & Development Board
THRU: Michael Rumpf
Director of Planning and Zoning
FROM: Ed Breese
Principal Planner
DATE: September 9, 2009
PROJECT: High Ridge Academy (COUS 09-005/MSMP 09-
007)
REQUEST: Conditional Use/Major Site Plan Modification approval to allow for
the
conversion of an existing 14,692 square foot office building to a
pre-
school/daycare use.
____________________________________________________________________________
_________
PROJECT
DESCRIPTION
Property Owner: 1325 Gateway LLC
Agent: Ken Carlson, Kenneth Carlson Architect, P.A.
Location: 1275 Gateway Boulevard (Lots 18 & 19 Quantum Park) / NE corner
of Gateway Boulevard and Park Ridge Boulevard (see Exhibit A)
Existing Land Use/Zoning: Development of Regional Impact (DRI) / Planned Industrial
District (PID)
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Proposed Land Use/Zoning: No change proposed
PID Use Options: Office & Industrial (OI)
Proposed Use: Conversion of an existing 14,692 square foot flex office building to
a pre-
school/daycare use
Acreage: 5.60 acres
Adjacent Uses:
North: Quantum Water Management Tract, and farther north the United
Way office building;
South: Gateway Boulevard r-o-w, and farther south the Boynton
Beach High School
and vacant Lot 52 of Quantum Park, designated Mixed Use (MU);
East: Quantum Water Management Tract, and farther east the vacant Lot
17 of Quantum Park, designated Mixed Use (MU); and
West: Existing charter school, and farther west an existing office building.
BACKGROUND
Ken Carlson, agent for 1325 Gateway, LLC, is seeking conditional use/major site plan
modification approval for the conversion of an existing 14,692 square foot flex office building
to a pre-school/daycare use. The subject property is located at 1275 Gateway Boulevard, at
the northeast corner of Park Ridge Boulevard and Gateway Boulevard. The site was previously
approved for a 33,376 square foot charter school, which still exists on the northwestern
portion of the site and will not be modified as part of this request, and a 14,692 square foot
flex office building, last occupied by Town & Country Homes for their offices and showroom.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and
Zoning Division’s evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or subject to conditions including, but not
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limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall
be determined necessary for the protection of the surrounding area and the citizens’ general
welfare, or deny conditional uses when not in harmony with the intent and purpose of this
section. In evaluating an application for conditional use approval, the Board and Commission
shall consider the effect of the proposed use on the general health, safety and welfare of the
community and make written findings certifying that satisfactory provisions have been made
concerning the following standards, where applicable:
1.Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The subject property currently has two (2) points of ingress and egress, both located off of
Gateway Boulevard (see Sheet A-3.0). The westerly driveway, located directly across from
Park Ridge Boulevard, is signalized. The proposed change in use from office to pre-
school/day care has been reviewed by the Traffic Engineer who has been involved with all
modifications to the Quantum Park DRI (Development of Regional Impact). The engineer,
Pinder Troutman, indicates that the traffic volumes associated with the change of use for the
site are within the limits of the DRI approval, and therefore not subject to the Palm Beach
County Traffic Performance Standards. Staff has forwarded the traffic statement to Palm
Beach County Traffic Engineering for their review. Since at the time of this report we do not
have a response, staff has created a condition of approval which subjects the project to Palm
Beach County review and approval (see Exhibit D). As part of the proposed conversion from
flex office space to pre-school/daycare, the applicant proposes to modify the existing two-
way travel aisle in front of the pre-school/daycare building to a one-way eastbound lane, in
an effort to improve traffic circulation and decrease vehicle conflicts, while enhancing
pedestrian safety. As proposed, on-site traffic circulation would meet the requirements for
general motorists and pedestrians, emergency access and waste removal operations.
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2.Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have
on adjacent and nearby properties, and the city as a whole.
The minimum parking required for daycare uses is calculated at one (1) parking space per
300 square feet of gross floor area, and is the same ratio required for determining the
minimum parking for office use. Required parking is calculated to be forty-nine (49) spaces
total, based on the square footage of the building. The required parking for the charter
school on the northwest portion of the site is calculated to be 101 spaces. The site plan
depicts 200 parking spaces, or 50 spaces more than the requirement of 150 for the entire
site. The proposed day care requires an outdoor play area, which is being provided at the
rear (north side) of the flex building, in an area formerly designated for parking. A slight
modification is also being made to the parking area in front of the flex building to
accommodate the change from ninety degree parking to angled parking. The reduction in
previously approved site parking from 254 spaces to 200 with the daycare operation is still
50 more spaces than required by code, as noted earlier. As a result, the proposed project
would not increase the intensity of parking or promote additional glare, noise or odors.
3.Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The dumpster enclosure is being slightly reoriented with the creation of the enclosed
outdoor play area at the rear of the building, to provide ease of solid waste operations and
enhanced with additional landscaping. Trash would be removed on a standard schedule and
solid waste is not anticipated to increase significantly as a result of this application.
4.Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would
continue to be available and provided, consistent with Comprehensive Plan policies and city
regulations. No additional impacts are anticipated with this application.
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5.Screening, buffering and landscaping with reference to type, dimensions, and character.
The site is landscaped with mature shade trees, mostly Live Oak. There will be new
landscaping added around the outdoor play area, consisting primarily of additional Live Oak
trees and Green Buttonwood hedge material. Additional landscaping will also be added to
the front of the building, including Alexander Palm trees and Cocoplum shrubs along the
walkway, Dahoon Holly and Tibouchina trees and Dwarf Firebush and Fakahatchee Grass in
the new landscape areas created along with the angled parking design, and a second layer of
landscape buffer at the front property line consisting of Dwarf Firebush and Arbocola.
6.Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
The applicant is considering a new monument sign at the eastern entrance, following the
guidelines of the approved Quantum Park Sign Program. New building signage is proposed
to be internally
illuminated, with individual letters a maximum of 16 inches in height and with the color to
match those on the monument sign (either red or green). All site lighting is existing.
7.Required setbacks and other open spaces.
The existing flex building exceeds the setback requirements of the PID zoning district.
District setbacks are: front (south) required 30’ – provided 79’, rear (north) required 30’ –
provided 420’, side (west) required 20’ – provided 263’, and side (east) required 20’ –
provided 57’. Additional open space is provided on-site through the water (drainage)
features and through the addition of the play area for the daycare operation.
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8.General compatibility with adjacent property and other property in the zoning district.
The pre-school/daycare use is generally compatible with the charter school use on the
remainder of the site and with the surrounding office uses on adjacent properties. With the
building’s large setbacks and appropriate buffering, any impacts should be minimal. There
are no changes proposed for the charter school and the flex building will undergo minimal
façade modifications, including the addition of new red awnings over existing storefronts
and slight paint enhancements coordinated to match the approved colors of the charter
school.
9.Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The height of the existing flex building (proposed daycare) is thirty (30) feet, which would
not change with this application, and is compatible with the structures on the same and
adjacent properties. The existing charter school has a typical height of thirty one (31) feet,
with the entry feature at nearly thirty nine (39) feet in height.
10.Economic effects on adjacent and nearby properties, and the city as a whole.
The overall economic effects of the proposed use on adjacent and nearby properties, and the
City as a whole, will be negligible.
11.Conformance to the standards and requirements which apply to site plans, as set forth in
Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site
Plan Review).
With incorporation of staff comments, the proposed project would comply with all
requirements of applicable sections of City code.
12.Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also,
conformance to the City of Boynton Beach noise Control Ordinance.
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With incorporation of all conditions and staff recommendations contained herein, the
proposed use would operate in a manner that is in compliance with the above-referenced
codes and ordinances of the City.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the
consistency with the Comprehensive Plan, staff recommends that this request for conditional
use / major
site plan modification be approved subject to satisfying all comments contained in Exhibit “D” -
Conditions of Approval. Furthermore, pursuant to Chapter 2 – Zoning, Section 11.2 Conditional
Uses, a time limit is to be set within which the proposed project is to be developed. Staff
recommends that a period of one (1) year be allowed to obtain a building permit for this project.
S:\Planning\SHARED\WP\PROJECTS\Quantum Lots 18,19 Survivor School\High Ridge Academy\ MSPM_COUS Staff Report.doc
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EXHIBIT "D"
Conditions of Approval
Project name: High Ridge Academy
File number: COUS 09-005 MSPM 09-007
nd
Reference: 2 review plans identified as a Conditional Use / Major Site Plan Modification with a September
1, 2009 Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. Provide notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
BUILDING DIVISION
Comments:
2. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
3. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
4. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City’s codes and the applicable building codes in effect at
the time of permit application.
5. Pursuant to approval by the City Commission and all other X
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
application submittal. The plans must incorporate all the
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DEPARTMENTS INCLUDE REJECT
conditions of approval as listed in the development order and
approved by the City Commission.
6. The full address of the project shall be submitted with the X
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.
Palm Beach County Planning, Zoning & Building Division, 100
A)
Australian Avenue, West Palm Beach, Florida (Sean McDonald –
561-233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard – 561-734-
0872
PARKS AND RECREATION
CommentsNone X
:
FORESTER/ENVIRONMENTALI
ST
Comments: None X
PLANNING AND ZONING
Comments:
7. Correct the note on the Landscape Plan Sheet L-2 regarding unobstructed
X
visibility, changing 6 feet to 8 feet.
8. It is the applicant’s responsibility to ensure that the conditional use and X
major site plan modification are publicly advertised in accordance with
Ordinance 04-007.
9. Should the proposed building & site modifications permit valuation exceed X
$250,000, the applicant is responsible for compliance with Ordinance 05-
060, the “Art in Public Places” program, and must demonstrate their
participation.
ADDITIONAL PLANNING &
DEVELOPMENT BOARD
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DEPARTMENTS INCLUDE REJECT
CONDITIONS
Comments:
None. X
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 18,19 Survivors School\High Ridge Academy - Flex Bldg\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON
BEACH, FLORIDA
PROJECT NAME: High Ridge Academy
APPLICANT’S AGENT: Chris Nardone, Ken Carlson Architects
APPLICANT’S ADDRESS: 1002 E. Newport Center Dr., Suite 101
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2009
TYPE OF RELIEF SOUGHT: Request for Conditional Use/Major Site Plan Modification approval to
allow for the conversion of an existing 14,692 square foot flex office
building to a pre-school/daycare use.
LOCATION OF PROPERTY: 1275 Gateway Boulevard
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit “C” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
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6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ ______________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 18,19 Survivors School\High Ridge Academy - Flex Bldg\DO.doc
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8. C
PUBLIC HEARING
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
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ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FA
UBLIC EARINGUTURE GENDA ITEMS
RACC:
First American Bank Office Complex, (MSPM 09-008),
EQUESTED CTION BY ITY OMMISSION
Major Site Plan Modification, located at 1301 N. Congress Avenue. Request approval of a major site
plan modification and shared parking study to convert 15,000 square feet of an existing 40,000 square
foot office building to medical uses. Applicant: TP Eleven LLC.
ER:
XPLANATION OF EQUEST
Major site plan modification and shared parking study approval to convert 15,000 square feet
of an existing 40,000 square foot office building to medical uses. Staff and Board recommend
item be approved.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
N/A
FI:
ISCAL MPACT
N/A
A:
LTERNATIVES
N/A
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-062
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: September 14, 2009
PROJECT NAME/NO: First American Bank Office Complex / MSPM 09-008
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: TP Eleven LLC
Applicant: TP Eleven LLC
Agent: Mr. Brian Cheguis of Cotleur & Hearing, Inc.
Location: 1301 N. Congress Avenue (see Exhibit “A” – Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial
(C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use: Convert 15,000 square feet of an existing 40,000 square foot
office building to medical uses.
Acreage: 1.89 acre parcel for office complex
Adjacent Uses:
North: Developed commercial restaurant (Bru’s Room) with a Local Retail
Commercial (LRC) land use designation and zoned Community Commercial (C-3);
South: Entrance to Boynton Beach Mall, then farther south is developed
commercial with a Local Retail Commercial (LRC) land use designation and zoned
Community Commercial (C-3);
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East: Right-of-way for Congress Avenue, then farther east developed
commercial (Boynton Village & Town Center); and
West: A retention pond for the Boynton Beach Mall, then the Boynton
Beach Mall itself.
BACKGROUND
Proposal: The applicant is proposing to convert 15,000 square feet of an existing
40,000 square foot, four-story professional office building to medical office use.
The request requires the submittal of a shared parking study and updating of the
Reciprocal Easement Agreement between the subject office complex and Bru’s
Room.
Site Characteristic: According to the Shared Parking Exhibit (Exhibit “B”), the First American Bank
Office shares an entry drive from Congress Avenue with Bru’s Room immediately
to the north. The First American Bank Office is situated on a 1.89 acre parcel and
Bru’s Room on a 1.68 acre parcel, for a total of 3.57 acres.
ANALYSIS
Concurrency:
Traffic: A traffic concurrency approval letter from Palm Beach County for this
project will be required prior to the issuance of any permits for tenant
improvements (see Exhibit “E” – Conditions of Approval).
Drainage: No drainage functions are being affected by this request.
School concurrency is not required for this type of project.
School:
Driveways: There are three (3) existing driveway openings associated with the site. None of
these existing driveways will be modified and no new ones added. These driveway
openings would allow for both vehicular ingress and egress. The first driveway is
located on Congress Avenue and provides access to both the office building and Bru’s
Room. There are also two (2) existing driveway openings along the subject parcel’s
south property line at the north entry drive into the Boynton Beach Mall. Under the
existing Reciprocal Easement Agreement between the office and Bru’s Room, both
parties share and utilize the three (3) driveway openings.
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Parking Facility: General office uses require one (1) parking space per 300 square feet of gross floor
area. Therefore, the existing 40,000 square foot office building requires 134 parking
spaces. The Shared Parking Exhibit (Exhibit “B”), shows that 135 parking spaces are
provided on the office site. The applicant however, desires to convert 15,000 square
feet of the four-story professional office building to medical office use. Medical office
parking requirements are calculated at one (1) parking space per 200 square feet. The
revised calculation would require a total of 158 parking spaces, which is 23 spaces
more than currently existing on the office site. Since the applicant’s request would
leave the site 23 parking spaces shy of the requirement, a Shared Parking Analysis was
submitted to confirm the current adequacy of existing parking spaces based on a
shared scenario. The applicant, as noted earlier, already has a recorded agreement with
the property to the north (Bru’s Room) for cross access and cross parking purposes,
since the peak demand for their two businesses do not coincide. Bru’s Room has 133
parking spaces on it’s property, one (1) space more than required by code. Based upon
the data contained within the analysis, the two sites together have a total of 268
parking spaces. According to code, 290 parking spaces would be required for the two
uses, after the conversion of 15,000 square feet of general office space to medical
office use. A review of the Shared Parking Analysis submitted by the applicant indicates
that the expected peak demand (with the 10% buffer required by City code) would
equate to 247 spaces, for an excess of 21 parking spaces. The study indicates that the
peak demand for parking between the two sites would be on weekdays, between 9am
and 4pm. The study appears logical in that peak demand for office uses is during the
day and restaurants attract the greatest number of patrons in the evening and on
weekends. Staff has reviewed the Shared Parking Analysis and recommends its
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approval to the Board and Commission.
Landscaping: No exterior site improvements are proposed with this requested modification.
Building and Site: No exterior site improvements are proposed with this requested modification.
Design: No exterior site improvements are proposed with this requested
modification.
Signage: No signage changes are proposed with this requested modification.
RECOMMENDATION
Staff has reviewed this request for major site plan modification and recommends approval,
contingent upon successfully satisfying all comments indicated in Exhibit “E” – Conditions
of Approval. The shared parking and cross-access concepts promote sustainable and smart
growth objectives through the avoidance of unnecessary expansion of parking and
impervious site areas, while improving access management on high volume roadways and
reducing trip lengths. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
st
S:\Planning\SHARED\WP\PROJECTS\1 American Bank\ MSPM 09-008\Staff Report.doc
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EXHIBIT "E"
Conditions of Approval
Project name: First American Bank Office Complex
File number: MSPM 09-008
st
Reference: 1 review plans identified with an August 19, 2009 Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALI
ST
Comments: None X
PLANNING AND ZONING
Comments:
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DEPARTMENTS INCLUDE REJECT
1. A Traffic Concurrency approval letter from Palm Beach County Traffic X
Engineering will be required prior to issuance of any permits for the interior
build-out.
2. The applicant is responsible for compliance with Ordinance 05-060, the X
“Art in Public Places” program. Should the permit value exceed the
threshold of $250,000, the applicant shall be subject to said regulations.
3. Since only 15,000 square feet of the building would be approved for medical X
office use, the property owner/leasing agent will be required to monitor the
tenants and their respective parking requirements, using a spreadsheet. Each
tenant lease would require a copy of the spreadsheet and that document
would be submitted with each tenant’s application for an occupational
license. This spreadsheet would be maintained and continuously updated by
the property owner/leasing agent.
ADDITIONAL PLANNING &
DEVELOPMENT BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\1st American Bank 1301 N. Congress Ave\COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON
BEACH, FLORIDA
PROJECT NAME: First American Bank Office Complex
APPLICANT’S AGENT: Brian Cheguis – Cotleur & Hearing Inc.
APPLICANT’S ADDRESS: 1934 Commerce Lane Suite 1, Jupiter, FL 33458
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2009
convert 15,000 square feet of an existing 40,000 square
TYPE OF RELIEF SOUGHT: Request to
foot office building to medical uses.
LOCATION OF PROPERTY: 1301 N Congress Avenue
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit “C” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
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6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ ______________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\1st American Bank 1301 N. Congress Ave\DO.doc
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9. A
CITY MANAGER’S REPORT
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
10/20/09
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
Consider request from the Town of Briny Breezes
EQUESTED CTION BY ITY OMMISSION
seeking relief from: 1) Annual contract adjustments in the current Police and Fire/EMS Services
contracts and 2) Water/Sewer charges.
ER:
Mayor Roger Bennett met with Mayor Jerry Taylor and Assistant
XPLANATION OF EQUEST
City Manager Lori LaVerriere in early September to discuss whether or not the City would
consider providing relief in the above contract areas. ACM Lori LaVerriere requested the Town
formalize their request in writing and provide support information for the City Commission to
consider. Please see the attached letter from Mayor Roger Bennett which outlines the Town’s
request. (Exhibit A)
City staff reviewed their request and prepared a response letter dated October 7, 2009
clarifying some of the statements in Briny’s request letter. A copy of the letter is attached.
(Exhibit B)
Police Services Contract:
Summary/Background:
Entered into on October 1, 2007. The contract term is three (3)
years, terminating 9/30/10. We are entering into the third year of the contract. Either party may
terminate the contract with sixty (60) days written notice and the termination will become
effective at the end of the first complete fiscal year. The current contractual fee is $202,800
through 9/30/09 and is scheduled to increase 4% on 10/1/09 to $210,912. This amounts to an
$8,112 increase. The contract provisions that apply are as follows:
The Agreement provides for two adjustments: Article X. Section 10.2 and 10.3 (copy of
Agreement attached as Exhibit B).
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1) Section 10.2: “The parties agree to negotiate in good faith an adjustment to Annual Fee
which may be necessary to offset any increased costs incurred by the City in providing
the services and programs pursuant to this Agreement, due to salary increase for polices
personnel, increases in operational expenses, unfunded mandates of the Federal, State,
or County government specifically directed toward the provision of police services, and to
address any unforeseen events or contingencies which may have occurred during the first
year of this Agreement.” Even though the City has experienced increases in operational
costs, the City has not requested an increase under this provision of the contract and
recommends keeping the Annual (base) Fee the same.
2) However, a second provision (Section 10.3) provides that “the annual fee payable by the
st
Town to the City shall be adjusted effective October 1 of each succeeding year of this
st
Agreement. The annual adjusted compensation commencing on October 1 of each year
of this Agreement shall be determined by incorporating the annual Consumer Price Index
(CPI) in accordance with the Department of Labor – Department of Statistics or an
increase of four percent (4%), whichever is greater.”
The Town of Briny Breezes is seeking relief from the contract adjustment. Prior to submittal of
their letter, the Town discussed the possibility of eliminating the eight (8) hour patrol officer
from the contract to reduce their costs. Staff feels strongly that eliminating the eight (8) hour
daily post would compromise the service the City provides to the residents of Briny Breezes.
The time an officer spends there everyday is a worthwhile investment and deters crime and the
criminal element from the Town of Briny Breezes. In order to maintain the level of service
being provided, the eight hour shift should remain. Therefore, staff’s proposal is to continue
with the current level of service for the upcoming 3-year contract (2010-13) and maintain the
scheduled contract pricing.
Fire Rescue and Emergency Medical Services Contract:
Summary/Background:
Contract entered into on 5/18/2004. The contract term is twelve (12)
years, ending on September 30, 2016. Either party may terminate the Agreement upon a
minimum of one (1) year’s written notice with the termination becoming effective at the end of
the first complete fiscal year. The current contractual fee is $260,655 through 9/30/09 and is
scheduled to increase four percent (4%) on October 1, 2009 to $271,082. This amounts to a
$10,427 increase. The contract provisions that apply are as follows:
The Agreement provides for two adjustments: Section 4. Payment. Paragraph B and C (copy
of Agreement attached as Exhibit C).
1) Paragraph B: “The parties agree to negotiate in good faith an adjustment to the Annual
Fee which may be necessary to offset any increased costs incurred by the City for
providing the services and programs pursuant to this Agreement, due to unfunded
mandates specifically directed toward the provision of fire rescue services, of the
Federal, State, or County government and to address any unforeseen events or
contingencies.” Even though the City has experienced increases in operational costs,
the City has not requested an increase under this provision of the contract and
recommends keeping the Annual (base) Fee the same.
2) Again, a second provision (Paragraph C) provides “In addition to the adjustments to the
Annual Fee provided in subsection 4B of this Agreement, no later than May 1, 2005 and
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each year thereafter during the term of this Agreement, the Annual Fee payable by the
Town to the City shall be adjusted effective October 1, 2005 and for each succeeding
year of this Agreement shall be determined by incorporating the May All Urban
Consumer Price Index (CPI) in accordance with the Department of Labor – Department
of Statistics or an increase of four percent (4%), whichever is greater.”
The Town of Briny Breezes is seeking relief from the contract adjustment. The City has
Interlocal service contracts with surrounding municipalities which contain the same adjustment
clause. Making an exception in this case will only undermine the strength of our other
contracts and cause those parties to seek similar relief. A precedent could be set that would
be detrimental to our anticipated/budgeted revenues.
Water/Sewer Services:
Summary/Background:
In 1984 the City and Briny Breezes, Inc. entered into an agreement
establishing water service between the City and the property owned by the Corporation. A
copy of the agreement is attached. Said agreement was assigned to the Town of Briny
Breezes via Resolution R94-121. Since the inception of the agreement the Town has been
charged the Outside-City rate for potable water.
The Town of Briny Breezes is requesting relief in both water/sewer rates/charges. The Town
has enjoyed the benefit of “large user” status for sewer billing since 1985, when it connected to
the City’s wastewater system. This status was a benefit of participating in the Federal 201
Facilities Planning program which encouraged regionalization of sewage treatment, and the
elimination of small sewage treatment facilities, such as the one previously owned by the
Town. For this reason, the Town is charged the lowest rate of all the City’s sewer customers.
The Town is seeking additional relief in this area.
Regarding potable water, the Town is charged the typical and customary outside-city
residential rate for its drinking water. This rate structure includes a base facility charge,
calculated on the number of units being served, and a usage charge for the actual gallons
consumed. This same rate structure is applied to all customers within the service area,
whether they are a single-family home or a community on a master meter, such as Briny
Breezes. Outside-city customers are, however, charged an additional 25%, as allowed by
State law; the sole exception being the Town of Ocean Ridge which is allowed an Inside-city
rate, by virtue of it once being part of the City of Boynton Beach, and also by virtue of the fact
that, as part of the separation agreement from the City, Ocean Ridge assumed the ownership
and maintenance responsibility for its entire distribution system. Ocean Ridge therefore
possesses some unique features not shared by any other entity in the service area. The Town
of Briny Breezes is, however, also seeking a bulk rate for potable water use. Such a rate is not
currently used by the City for any other potable water customer.
However, as staff researched the history of our Sewer Service Agreements with Briny Breezes
we discovered the sewer base rate that the Town has been paying ($496 monthly) should
have discontinued in March 2006. Our Sewer Service Agreement was entered into in June of
1985 (via Resolution 85-GG). According to our billing records, this monthly base rate was not
actually billed until February 1986. The intent of the $496 monthly charge was to recoup capital
construction costs financed by the City for the construction of the Boynton Beach-Delray
Beach Regional Wastewater Treatment Plant and Disposal Facility. The agreement does not
specifically state the twenty year sunset but we’ve found references to this intent in some of
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the backup documents to the agreement. Therefore, the City should refund Briny Breezes for
42 months @ $496/month for a total of $20,832.00. This can be accomplished administratively.
H?
Dependent on decision of Commission.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Any relief granted will reduce anticipated revenues.
FI:
Loss of budgeted revenues for FY 2009/2010. Funding reduction would need
ISCAL MPACT
to be mitigated through the use of undesignated fund balance.
A:
LTERNATIVES
1) Deny request for relief in all of the aforementioned contracts;
2) Consider a modification to the Town’s request for relief and provide partial relief;
Staff Recommendation:
3) Staff does not support making any adjustments to the Police or
Fire/EMS contracts at this time. With regards to the Water/Sewer service contracts, the City
should refund the Town of Briny Breezes $20,832.00 for the monthly fee ($496) that should
have discontinued in March, 2006. Otherwise, staff recommends no change in water/sewer fee
structure and charges.
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9. B
CITY MANAGER’S REPORT
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
RACC:
PROPOSED RESOLUTION NO. R09-162 -- Approve the
EQUESTED CTION BY ITY OMMISSION
intent of the City to reimburse expenditures incurred prior to the issuance of bonds or another form of
financing for the City's Water & Sewer Utility System.
Authorize a short-term interfund loan in the maximum amount of $15,000,000 with interest at the annual
rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair &
Replacement Fund
ER:
The Utility System Capital Repair & Replacement Fund requires interim
XPLANATION OF EQUEST
financing to begin as soon as possible as all available cash in that fund has been disbursed. Utilities has
projected that the maximum cash flow requirements in FY 2009-10 for unencumbered projects is slightly
in excess of $17.1 million (See attached list of the projected maximum cash flow of each project for the
year).
Due to current bond market conditions and the issuance of audited financial statements for FY 2008-09,
permanent financing is not practical until later in this fiscal year when we plan to issue the permanent
financing. Waiting until the permanent financing is in place next summer would significantly delay the
Commission-approved projects.
However, the Utility System Capital Expansion Fund has current monies available that are not needed
until later in the fiscal year. Accordingly, those funds could be borrowed temporarily by the Capital Repair
& Replacement Fund with Commission approval. Subsequently, once the permanent financing is issued
and the financing proceeds are received, the City will reimburse itself for prior project disbursements and
the interfund loan balance plus interest will be repaid.
The inter-fund loan will allow the Utility System to continue with its capital improvement plan (CIP) set
forth in the adopted budgets approved by the Commission. While Utilities projects $17.1 million is
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required to encumber all approved projects, experience has shown that only 80-85% of those projects
will actually be spent in FY 2009-10. Therefore, only $15,000,000 is requested for purposes of project
cash flow and reimbursement from the financing proceeds. While the maximum amount may not be
reached by the time permanent financing is in place, it allows for a contingency in case financing is
delayed or contracting is expedited from current plans.
H?
In summary, the request allows the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Utility’s CIP to move forward in an expedited manner.
This interim financing allows major Repair & Replacement Fund projects listed for financing in the FY
2009-10 CIP to move forward currently rather than delaying them until later in the fiscal year when bond
proceeds are available. Such projects include sewer pipeline and stormwater system rehabilitation,
several Seacrest corridor projects, and East Plant rehabilitation among others that are listed in the
attached schedule.
At the same time, when several major Capital Expansion Fund projects will require commitment to
proceed. (e.g., ion exchange and a new force main from east plant to regional plant) later in the fiscal
year, conditions will be favorable to issue the permanent financing that will reimburse the capital
expenditures incurred and pay off the interfund loan and the loan repayment
FI:
The Capital Expansion Fund has the funds available to lend the Repair &
ISCAL MPACT
Replacement Fund until later in the fiscal year. The interfund interest rate of 3% is the only
interfund fiscal impact resulting from this interim interfund loan as follows.
The Capital Expansion Fund – The 3% rate the fund will earn is higher than the blended short-
term 1-2% rate currently earned.
The Repair & Replacement Fund - The 3% rate the fund will pay is lower that the 5-6% rate it
would pay in the bond market.
In addition, all interest remains within the City rather than paid to external parties.
A:
Not to authorize the reimbursement resolution and the interfund loan.
LTERNATIVES
In that case, it would require deferring the Repair & Replacement Fund capital projects for at
least six to nine months until receiving the proceeds of permanent financing for those projects.
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RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE INTENT OF THE
CITY TO REIMBURSE EXPENDITURES INCURRED BY THE
CITY’S WATER & SEWER UTILITY SYSTEM PRIOR TO THE
ISSUANCE OF BONDS OR OTHER FORM OF FINANCING;
AUTHORIZING A SHORT-TERM INTERFUND LOAN IN THE
MAXIMUM AMOUNT OF $15,000,000.00 WITH INTEREST AT THE
ANNUAL RATE OF 3% FROM THE UTILITY SYSTEM CAPITAL
FUND TO THE UTILITY SYSTEM CAPITAL REPAIR &
REPLACEMENT FUND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Utility System Capital Repair & Replacement Fund is in need of interim
financing, up to $15,000,000.00, to begin as soon as possible which will allow the Utility System to
continue with its capital improvement plan set forth in the adopted budget approved by the City
Commission; and
WHEREAS
, due to bond market conditions and the issuance of audited financial statements for
fiscal year 2008-09, permanent financing is not practical at this time; and
WHEREAS
, the Utility System Capital Expansion Fund has current monies available that are
not needed until later in the fiscal year; and
WHEREAS
, the City will reimburse itself for expenditures and the interfund loan balance plus
interest once the permanent financing is issued and the proceeds are received; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve
and authorize a short-term interfund loan in the maximum amount of $15,000,000.00 with interest at the
annual rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair
& Replacement Fund and approves the intent of the City to reimburse expenditures incurred prior to the
issuance of bonds or other form of financing for the City’s Water & sewer Utility System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
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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 hereby approves and
authorizes a short-term interfund loan in the maximum amount of $15,000,000.00 with interest at the
annual rate of 3% from the Utility System Capital Expansion Fund to the Utility System Capital Repair
& Replacement Fund and approves the intent of the City to reimburse expenditures incurred prior to the
issuance of bonds or other form of financing for the City’s Water & sewer Utility System
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of October, 2009.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________ Mayor –
Jerry Taylor
_____________________________
Vice Mayor – Woodrow L Hay
_____________________________
Commissioner – Ronald Weiland
_____________________________
Commissioner – Jose Rodriguez
ATTEST:
_____________________________
Commissioner – Marlene Ross
_________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
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CITY OF BOYNTON BEACITY OF BOYNTON BEACHCH
Utility Renewal & Replacement Fund
Projected Maximum Cash Flow Expenditures in FY 2009-10 for Unencumbered Projects
As of October 1, 2009
Lake Boyntn Estates $ 1,265,963
Sewer manhole renewal $ 750
Sanitary Sewer main renewal $ 2,500,0
Strmwater system renewal $ 1,000,
Federal Hwy. water main renewal $ 146,132
Seacrest Corridor water main/ strm system renewal $ 5,818,096
East water plant OSG and sludge dewatering renewal $ 3,000,2
Lift station 605 renewal $ 300,00
Master lift station 801 renewal $ 439,752
Replace submersible lift station pumps $ 200,096
Sewer I&I investigation $ 1,893,343
Misc. studies and analysis $ 624,919
TOTAL $ 17,189,26
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CITY OF BOYNTON BEACH
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12. A
LEGAL
October 20, 2009
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
October 20, 2009
OMMISSION EETING ATE
A/P CM’R
NNOUNCEMENTSRESENTATIONSITY ANAGERS EPORT
A NB
DMINISTRATIVEEW USINESS
NO
ATURE F
CA L
ONSENT GENDAEGAL
AI
GENDA TEM
CC&L
ODE OMPLIANCE EGAL
S UB
ETTLEMENTSNFINISHED USINESS
PH FAI
UBLIC EARINGUTURE GENDA TEMS
ST
RACC:
PROPOSED ORDINANCE NO. 09-043 -- 1 READING -
EQUESTED CTION BY ITY OMMISSION
- Adopt Ordinance authorizing the use of Development Agreements.
ER:
The Florida Local Government Development Agreement Act (ss.
XPLANATION OF EQUEST
163.3220-163.3243) authorizes cities to establish procedures and requirements for the
consideration of entering into a Development Agreement provided it does so by the enactment
of an Ordinance.
The attached Ordinance establishes procedures consistent with the statutory requirements of a
Development Agreement.
H?
The State Legislature as a basis for
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
creating the Florida Local Government Development Agreement Act found that the lack of
certainty and the approval of development can result in a waste of economic and land
resources, discourage sound capital improvement and financing, escalate the cost of housing
and development, and discourage commitment to comprehensive planning. To address those
concerns the legislature allows municipalities to enter into development agreements to provide
assurances to developers that the developer can proceed in accordance with existing laws and
policies. Recently, the developer of Gulfstream Gardens proposed that the City enter into a
Development Agreement to facilitate the development of its property. Absent the enacting
Ordinance addressed herein no such agreement can be entered into by the City. City Staff
supports the concept of development under the umbrella of a Development Agreement.
FI:
The enactment of the Ordinance has no fiscal impact. Subsequent
ISCAL MPACT
Agreements entered into may have fiscal impact and that impact would be addressed on a
development by development basis within the body of the Development Agreement.
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A:
Do not authorize the use of Development Agreements as a means of
LTERNATIVES
managing development activity. Continue the current land development process.
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ORDINANCE NO. 2009-___
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS (PART III)
OF THE CODE OF ORDINANCES TO ADD ARTICLE XII
“DEVELOPMENT AGREEMENT”; ESTABLISHING PROCEDURES
AND REQUIREMENTS TO CONSIDER ENTERING INTO
DEVELOPMENT AGREEMENTS; PROVIDING MINIMUM
REQUIREMENTS FOR ALL DEVELOPMENT AGREEMENTS;
PROVIDING FOR NOTICE AND PUBLIC HEARING AS CONDITIONS
PRECEDENT FOR THE APPROVAL OF DEVELOPMENT
AGREEMENTS; PROVIDING FOR CONFLICTS SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS
, Florida Statute §163.3223 provides that any local government may, by Ordinance,
establish procedures and requirements, as provided in §163.3220-163.3243 Florida Statutes, to consider
and enter into a development agreement with any person having a legal or equitable interest located
within the jurisdiction of the local government; and
WHEREAS
, the City Commission concurs with the legislative intent of the Florida Local
Government Development Agreement Act that the lack of certainty and the approval of development
could result in a waste of economic and land resources, discourage sound capital improvement planning
and financing, escalate the cost of housing and development, and discourage commitment to
comprehensive planning; and
WHEREAS
, the City Commission finds that it is in the best interest of the City’s citizens and
property owners to authorize the use of development agreements to facilitate and advance the City’s
economic stability; and
WHEREAS
, the City Commission finds that clear and unequivocal rules for processing land
development agreements, notifying the public of the pendency of the City Commission’s review and
approval of development agreements, is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing WHEREAS clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. The City Code of Ordinances is hereby amended to provide a new Article IV,
titled “Development Agreements” to Part III, Land Development Regulation of the Code of Ordinances,
as follows:
Article XII – Development Agreements
Sec 1
The City Commission of The City of Boynton Beach is authorized to enter into Development
Agreements with any person having a legal or equitable interest in real property located within the
jurisdictional boundaries of the City of Boynton Beach.
Sec 2
Before entering into, amending, or revoking a Development Agreement, the City Commission
shall conduct two (2) public hearings. The public hearing shall be conducted in a matter consistent with
the City’s rules or procedures for conducting quasi judicial hearings. All representation made by the
developer, it’s agents or representatives shall be deemed material representations made to induce the
City Commission to approve the agreement. A subsequent determination that a representation was false
or misleading shall render an approved agreement voidable by the City Commission.
Sec 3
Approximately seven (7) days prior to each public hearing, the City shall advertise in a
newspaper or general circulation and readership in Palm Beach County, Florida, a notice that the City
Commission intends to consider a Development Agreement. The published notices shall not be
consolidated into one notice of both meetings but shall be published separately. In addition to notice by
publication, the notice of intent to consider the Development Agreement shall be mailed to all affected
property owners,as that term is defined in ss. 163.3184, Florida Statutes, prior to the first public
hearing. The day, time and place at which the second public hearing is to be held shall be announced at
the first public hearing. The notice shall specify the location of the land subject of the Development
Agreement, the development uses proposed on the property, the proposed population densities, and the
- 631 -
proposed building intensities and height, and shall specify a place where a copy of the proposed
Agreement can be obtained.
Sec 4
At both the first and second public hearing, the Developer shall disclose whether the developer,
its representative, lobbyist, attorney, or agent has communicated with members of the City Commission,
the City Manager or the City Attorney regarding the proposed Agreement, and the substance of those
communications, if any.
Sec 5
A Development Agreement shall contain the following:
(a) A legal description of the land subject to the agreement, and the names of its legal and
equitable owners;
(b) The duration of the agreement;
(c) The development uses permitted on the land, including population densities, and building
intensities and height;
(d) A description of public facilities that will service the development, including who shall
provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule
to assure public facilities are available concurrent with the impacts of the development;
(e) A description of any reservation or dedication of land for public purposes;
(f) A description of all local development permits approved or needed to be approved for the
development of the land;
(g) A finding that the development permitted or proposed is consistent with the local
government's comprehensive plan and land development regulations;
(h) A description of any conditions, terms, restrictions, or other requirements determined to be
necessary by the local government for the public health, safety, or welfare of its citizens; and
(i) A statement indicating that the failure of the agreement to address a particular permit,
condition, term, or restriction shall not relieve the developer of the necessity of complying with
the law governing said permitting requirements, conditions, term, or restriction.
(j) A description, including a timetable, of the build out of the development, including a
description of the phasing plan, if any.
(k) A disclosure of all persons or entities that are providing financing for the development.
Sec 6
No Development Agreement is authorized or shall be approved unless a Development
Agreement is consistent with the City’s Comprehensive Plan and the City’s Land Development
- 632 -
Regulations. In an event of a conflict between a provision set forth in the Development Agreement and
the City’s Land Development Regulations, provisions of the Land Development Regulations shall
control unless contemporaneously with the approval of the Development Agreement the City modifies
its Land Development Regulations, provides for special exception to the Land Development Regulation,
or provides for variance from the Land Development Regulation. In the event an amendment,
exception, or variance of the Land Development Regulation is necessary, the procedures for amendment,
exception, and variance as set forth in the City’s Land Development regulation shall apply but may be
processed contemporaneously with the review process required for approval of the Development
Agreement. A Development Agreement which is not consistent with the Land Development
Regulations shall contain a specific section which identifies those provisions of the development plan
that are inconsistent with the Land Development Regulations and the means by which the inconsistency
is to be resolved (i.e. by code amendment, exception, or variance).
Sec 7
The approval of a Development Agreement by the City Commission is not final until 12:00 noon
th
on the seventh (7) day following the close of the second public hearing. Prior to becoming final, the
approval is subject to a motion for reconsideration by any member of the City Commission that voted in
the affirmative to approve the agreement. Reconsideration may be initiated by notification to the City
Clerk. The City Clerk, on receipt of a timely request for reconsideration shall add the reconsideration to
the next regular meeting agenda and notify the developer.
Sec 8
The City’s Director of Development or his/her designee shall administer the Development
Agreement application and approval process. The City’s Director of Development shall administer all
Development Agreements. Decisions of the City’s Director of Development are final and binding.
Sec 9
In addition to complying with the provision of these regulations, all Developer Agreements are
subject to the provisions of the Florida Local Government Development Act, as amended from time to
time.
- 633 -
Section 4. Each and every other provision of the City of Boynton Beach Code of Ordinances
not herein specifically amended, shall remain in full force and effect as originally adopted. All laws and
ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are
hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this ____ day of _______________, 2009.
SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2009.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – Ronald Weiland
______________________________
Commissioner – Jose Rodriguez
ATTEST: _______________________________
Commissioner- Marlene Ross
___________________________
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
- 634 -