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Agenda 09-03-15The City of Boynton Beach City Commission Agenda Thursday, September 3, 2015, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boy nton- beach. org Page 1 of 561 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). Page 2 of 561 OPENINGS A. Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct First Public Budget Hearing for FY 2015/2016 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R15 -093 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2015 -2016. PROPOSED RESOLUTION NO. R15 -094 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2015 -2016. B. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors regarding the "Nickelodeon Worldwide Day of Play" event, which will be held at Barrier Free Park on Saturday, September 12, 2015 from 10 a.m. to 12 noon B. Proclaim September, 2015 as Sickle Cell Awareness Month in the City of Boynton Beach. C. Proclaim the month of September 2015 as National Preparedness Month 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 1 Alt Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Page 3of561 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R15 -095 - Authorize the City Manager to sign a letter of agreement with Counseling Services Associates (CSA) to provide Employee Assistance Program (EAP) services at the rate of $12.00 per employee per year (estimated annualized cost of $9600.00) from October 1, 2015 through September 30, 2016. The agreement allows for two (2), one (1) renewals. B. PROPOSED RESOLUTION NO. R15 -096 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Douglas Sheldon Swan for the property at 1213 Highview Road, Lantana, FL 33462. C. PROPOSED RESOLUTION NO. R15 -097 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. D. PROPOSED RESOLUTION NO. R15 -098 - Accept the offer of $3,600 settlement as a result of a proposed short sale for David and Alexis Massey of 8 Via de Casas Sur, #103, Boynton Beach, Florida, 33426, on which the City holds a second mortgage of $45,000.00. E. PROPOSED RESOLUTION NO. R15 -099 - Authorize the City Manager to apply for, execute all documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant, accept the grant, and execute the Grant Agreement subject to approval by the City Attorney. F. PROPOSED RESOLUTION R15-100- Approve a Subordination Agreement allowing for a subordination of the City's mortgage for Valerie Venegas of 450 N.E. 14th Avenue, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. G. PROPOSED RESOLUTION NO. R15 -101 - Approve the "Cortina PUD Replat Two" record plat, conditioned on the approval being the certification of the plat documents by Andrew P. Mack (Interim Development Director /City Engineer). H. PROPOSED RESOLUTION R15 -102 - Approve the third amendment to the interlocal agreement between Palm Beach County and the City of Boynton Beach for the use of T -1 telephone /data lines on Palm Beach County's digitla microwave system. I. PROPOSED RESOLUTION NO. R15 -103 - Approve Addendum No. 2 to the Professional Agreement between the City of Boynton Beach and Ballard Partners, Inc. for appropriation lobbyist services extending the agreement for two years for the amount of $60,000.00 plus expenses per year. J. Approve increase to Blanket Purchase Order #150951 from $24,500 to $59,000 with Advance Generator Sales and Service, Inc. to continue the maintenance and repair of Generators and Pumps for Utilities and Facilities until a new contract is in place. K. Accept the Victims of Crime Act (VOCA) grant for FY2015 -2016 funding cycle in the amount of $56,595 and authorize the Mayor or City Manager to sign any required documents associated with the grant, subject to the approval of the City Attorney. L. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ending July 31, 2015. M. Approve the change order to increase the Purchase Order 151199 issued to Cliff Berry, Inc. to $71,170.00 for the emergency cleanup of concentrated sulfuric acid due to a leak at the West Water Treatment Plant. N. Approve the minutes from the Special City Commission meetings held on July 20th and July 21st, 2015 Page 4of561 7. BIDS AND PURCHASES OVER $100,000 A. Approve a purchase order be issued to A Cut Above Landscape and Irrigation Company in the amount of $121,899.65 for landscape improvements to fourteen (14) Congress Avenue medians. Improvements are being made based upon recent designs by Kimley Horn. B. Approve and authorize the City Manager to execute required documents for the following policies, for the fiscal year 2015 -2016 renewal for Group Medical and Dental Insurance. (1) PROPOSED RESOLUTION NO. R15 -104 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's group Medical Insurance for the plan year October 1, 2015 through September 30, 2016; (2) PROPOSED RESOLUTION NO. R15 -105 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2015 through September 30, 2016. C. PROPOSED RESOLUTION NO. R15 -106 -Authorize the City Manager to sign a contract with Layne Heavy Civil, Inc. for the Raw Water Main - Section C project, Bid No. 049 - 2821- 15 /KTR in the amount of $5,621,604.80 plus a 10% contingency of $562,160.00 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $6,183,764.80. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 15 -023 - FIRST READING. Approve amendments to the LDR to 1) allow City- initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City- initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review, 10. CITY MANAGER'S REPORT A. Presentation concerning the preliminary feasibility study concerning the potential acquisition of the Utility Services from the Town of Manalapan. B. Provide direction to staff on a Citywide General Liability Insurance policy for third party users of City facilities and property. C. Discuss and approve the City of Boynton Beach Legislative Priority List for the 2016 State of Florida Legislative Session. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -021 - SECOND READING - PUBLIC HEARING - Approve amendment to Chapter 16, Parks and Recreation, of the Code of Ordinances including Section 16- 82, increasing annual resident beach parking permits from $40 to $50, increasing non resident parking permits from $90 to $200 and changing them from seasonal to annual, and increasing daily fees on holidays and weekends from May 1 - November 15 from $5 to $10. Page 5of561 B. PROPOSED ORDINANCE NO. 15 -022 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending Article III of Chapter 18, Section 18 -169, Boynton Beach Police Officers' Pension Fund providing for a 3% multiplier for participants hired on or after October 1, 2015. C. PROPOSED ORDINANCE NO. 15 -024 - FIRST READING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. D. PROPOSED RESOLUTION NO. R15 -107 - Approve and ratify the Memorandum of Understanding (MOU) between the Palm Beach County Police Benevolent Association Police Officers & Detectives, Police Sergeants, and Police Lieutenants, regarding a negotiated restatement of Article 19 - Holiday Pay for the respective Collective Bargaining Agreements with terms ending September 30, 2016. 14. FUTURE AGENDA ITEMS A. City Commission discussion of Independent CRA Board - September 15, 2015 - per direction from the FY 15/16 Strategic Plan sessions. B. Adoption of FY 15/16 Strategic Plan - October 6, 2015 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742 -6060 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6of561 1.A. OPENING ITEMS 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non - budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 3/26/2015 - 10:21 AM Page 7of561 2.A. OTHER 9/3/2015 REQUESTED ACTION BY COMMISSION: Conduct First Public Budget Hearing for FY 2015/2016 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R15 -093 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2015 -2016. PROPOSED RESOLUTION NO. R15 -094 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2015 -2016. EXPLANATION OF REQUEST: Staff will provide a budget overview (power point). As a result of the Budget Workshops that were held on July 20th and 21st, 2015 the City Commission approved a proposed millage rate of 7.9000 mills. Also the following changes have been incorporated into the proposed budget after the Budget Workshops. 1) Adjustments to Various General Fund Revenue- • Increase in State Revenue Sharing Revenue $100,000 • Increase in Sales Tax Revenue $100,000 • Increase in ALS Revenue $100,000 • Increase in Fire Svc Contract -Vlg of Golf $ 42,000 2) Adjustment to Fund Balance Appropriation for General Fund- Decrease $1,138,123 from City Mgr proposed amount of $1,588,768 to a needed fund balance appropriation of $450,645. 3) Reduce following departments- • Planning & Zoning- Intern Position $11,923 • Building $52,100 • Engineering $38,000 • Economic Development $67,700 • Fire -AFG grant match $98,400 4) Reduce transfer to Golf Course $103,000 5) Reduce funds available for potential wage increases $200,000 6) Reduce Health insurance budget lines in all departments to 15% increase instead of 20% increase $225,000 The proposed FY 15/16 General Fund Budget is $76,518,564 compared to the adopted FY 14/15 General Fund Budget of $73,030,538, an increase of $3,488,026 or 4.8 %. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. Page 8of561 FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Resolution REVIEWERS: Department Finance Finance Legal City Manager Description Page 9 of 561 Reso-Proposed Millage Rate Reso-Tentative Budget FY15/16 Reviewer Action Date Howard, Tim Approved 8/26/2015 - 4:15 PM Howard, Tim Approved 8/26/2015 - 4:16 PM Swanson, Lynn Approved 8/27/2015 - 11:46 AM LaVerriere, Lori Approved 8/27/2015 - 5:24 PM Page 9 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A PROPOSED MILLAGE RATE FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016, ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED MILLAGE RATE EXCEEDS THE ROLLED -BACK RATE; ANNOUNCING THE DATE, TIME AND PLACE OF THE SECOND AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared estimating expenditures and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has conducted a public hearing and considered the recommendations, the suggested tentative budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065. 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. Page 10 of 561 I Section 2. The proposed Millage Rate for the 2015 -2016 Fiscal Year shall be 2 7.9000 for the General Fund. 3 Section 3. A copy of the tentative budget shall be published in one issue of a 4 newspaper published in Palm Beach County, Florida, and at the same time the public will be 5 notified of a public hearing to be held on the 15th day of September, 2015, at 6:30 P.M. for 6 the purpose of hearing suggestions, agreements, objections or criticisms of the tentative 7 budget and millage. This meeting is for the purpose of setting a final tax levy and final 8 budget. 9 Section 4. The proposed millage rate is 7.10 % above the computed rolled 10 back rate of 7.3762. 11 Section 5. If any clause, section, or other part of this Resolution shall be held by 12 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 13 invalid part shall be considered as eliminated and shall in no way affect the validity of the 14 other provisions of this Resolution. 15 Section 6. This Resolution shall become effective immediately upon passage. 16 Page 11 of 561 I PASSED AND ADOPTED this day of , 20 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO Page 12 of 561 I RESOLUTION R15- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A 5 TENTATIVE BUDGET FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2015, AND ENDING 7 SEPTEMBER 30, 2016; PROVIDING FOR SEVERABILITY, 8 CONFLICTS, AND AN EFFECTIVE DATE. 9 10 WHEREAS, a tentative budget has been prepared by the Interim City Manager 11 estimating expenditures, transfers, and revenues of the City of Boynton Beach for the 12 ensuing year, with detailed information, including revenues to be derived from sources other 13 than the ad valorem tax levy, and she has made recommendations as to the amount 14 necessary to be appropriated for the ensuing year; and 15 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 16 public hearing in accordance with s. 200.065 Florida Statutes on the City's tentative budget 17 and the proposed millage rate. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for 24 the fiscal year beginning October 1, 2015 and ending September 30, 2016, a copy of which 25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made 26 to maintain and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of .$ 76,518,564 to the General 28 Fund for the payment of operating expenditures, transfers to other funds, and necessary 29 capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 4. That there is hereby appropriated the sum of $ 822,515 to the Traffic 31 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 32 funds, and necessary capital outlays. 33 1 Page 13 of 561 I Section 5. That there is hereby appropriated the sum of $ 1,500,000 to the 2 Local Option Gas Tax Special Revenue Fund for the payment of operating expenditures, 3 transfers to other funds, and necessary capital outlays. 4 Section 6. That there is hereby appropriated the sum of $ 279,207 to the 5 Community Improvements Special Revenue Fund for the payment of operating 6 expenditures, transfers to other funds, and necessary capital outlays. 7 Section 7 . That there is hereby appropriated the sum of $ 164,395 to the Public 8 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 9 funds, and necessary capital outlays. 10 Section 8. That there is hereby appropriated the sum of $ 849,981 to the II Recreation Program Special Revenue Fund for the payment of operating expenditures, 12 transfers to other funds, and necessary capital outlays. 13 Section 9. That there is hereby appropriated the sum of $ 9,193,500 to the Public 14 Service Tax Debt Service Fund for the purpose of payment operating expenditures, 15 transfers to other funds, and the principal and interest due on the public service tax bonds of 16 the City not subject to statutory exemptions and for redeeming such bonds as they mature. 17 Section 10. That there is hereby appropriated the sum of $ 2,563,350 to the 18 General Capital Improvement Capital Projects Fund for the payment of transfers to 19 other funds and capital outlays pursuant to the terms of the above budget. 20 Section 11. That there is hereby appropriated the sum of $ 189,020 to the Parks 21 & Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 22 outlays pursuant to the terms of the above budget. 23 Section 12. That there is hereby appropriated the sum of $ 42,217,908 to the 24 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 25 transfers to other funds, and necessary capital outlay. 26 27 2 Page 14 of 561 I Section 13. That there is hereby appropriated the sum of $ 48,909,129 to the 2 Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 3 capital outlays pursuant to the terms of the above budget. 4 Section 14. That there is hereby appropriated the sum of $ 2,017,718 to the Golf 5 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 6 capital outlays. 7 Section 15. That there is hereby appropriated the sum of $ 12,476,000 to the Solid 8 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds 9 and necessary capital outlays. 10 Section 16. That there is hereby appropriated the sum of $ 8,933,168 to the 11 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 12 transfers to other funds, and necessary capital outlays. 13 Section 17. That there is hereby appropriated the sum of $ 332,103 to the 14 Warehouse Internal Service Fund for the payment of operating expenditures, transfers to 15 other funds, and necessary capital outlays. 16 Section 18. That there is hereby appropriated the sum of $ 3,847,876 to the Self - 17 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 18 other funds, and necessary capital outlays. 19 Section 19. That there is hereby appropriated the sum of $ 328,019 to the 20 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 21 other funds, and necessary capital outlays. 22 Section 20. A copy of the tentative budget summary shall be published in one 23 issue of a newspaper published in Palm Beach County and at the same time the public will 24 be notified of a public hearing to be held on the 15th day of September, 2015, at 6:30 P.M. 25 for the purpose of hearing suggestions, agreements, objections or criticisms of the final 26 budget and millage. This meeting is for the purpose of setting a final ad valorem tax levy 27 and final budget. 28 Section 21. All delinquent taxes collected during the ensuing fiscal year as 29 proceeds from levies of operation millages of prior years are hereby specifically 30 appropriated for the use of the General Fund. 3 Page 15 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 22. 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 23. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 24. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 20 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 4 Page 16 of 561 2.B. OTHER 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 3/26/2015 ® 10:21 AM Page 17 of 561 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the "Nickelodeon Worldwide Day of Play" event, which will be held at Barrier Free Park on Saturday, September 12, 2015 from 10 a.m. to 12 noon EXPLANATION OF REQUEST: As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department wishes to e )dend an invitation to the "Nickelodeon Worldwide Day of Play" event. This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. This FREE event for ages 4 -13 encourages families to turn off the TV and come play! Activities and games will include water slides, SpongeBob competitions, Kids Fun Expo, live entertainment, and an opportunity to meet SpongeBob and Hello Kitty. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This event will have no affect on city programs or services FISCAL IMPACT: Budgeted Funding for this event is included in the Department's budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Addendum Description Day of Play Flyer Page 18 of 561 Reviewer Action Majors, Wally Approved Lejeune, Carisse Approved Howard, Tim Approved LaVerriere, Lori Approved Page 19 of 561 I in Beach Recreation and Parks Department is Offerin I k dif N i t 0 1 D AiAl LdII 1 YUF Ut!ldllb. i Ix,-, I I UYIMI, 1 6 " 1tlt 47 Visit www.boynton[beach.org/recreation, F arnit y Chiropractic .1 k%ps onFacebook.com/boyntonbeachrecandparks, S1hs hi follow us on Twitter.com /boyntonbeachrec. R 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Proclaim September, 2015 as Sickle Cell Awareness Month in the City of Boynton Beach. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Proclamation REVIEWERS: Department City Clerk Finance City Manager Description Sept 2015 Sickle Cell Awareness Reviewer Action Date Pyle, Judith Approved 8/28/2015 ® 1:57 PM Howard, Tim Approved 8/28/2015 ® 2:04 PM LaVerriere, Lori Approved 8/28/2015 ® 2:20 PM Page 21 of 561 PR0CLAMA T10N WHEREAS sickle cell disease is an inherited blood disorder causing medical problems, including clogged blood vessels, anemia, pain and organ damage that affects an estimated 100,000 people in the U.S. and millions globally; and WHEREAS sickle cell disease occurs in 1 out of every 500 African American births and 1 out of every 36,000 Hispanic American births. The sickle cell trait occurs in approximately 1 in 12 African Americans and is the most commonly inherited blood disorder in the United States. WHEREAS no cure for sickle cell disease exists today; however, quality disease management, treatment options and preventive services can alleviate suffering and death. Public information, education, screening and counseling are needed to allow those affected to properly manage their lives. The Sickle Cell Foundation of Palm Beach County is the only entity in Palm Beach County that is dedicated to servicing persons affect by sickle cell. Now, therefore, I Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim September, 2015 as SICKLE CELL AWARENESS MONTH in Boynton Beach and urge all citizens to join in reaffirming a commitment to reduce the burden of illness, disability and premature death imposed by this disease. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the 3rd day of September, two thousand and fifteen. Jerry Taylor, Mayor ATTEST: Janet M. Prainito, MMC City Clerk (SEAL) Page 22 of 561 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Proclaim the month of September 2015 as National Preparedness Month EXPLANATION OF REQUEST: This proclamation will encourage citizens and businesses to make emergency preparedness a priority and urge them to take action by developing their own emergency preparedness plans. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not allow proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Proclamation Description Page 23 of 561 Proclamation National Preparedness Month Reviewer Action Date Lejeune, Carisse Approved 8/27/2015 ® 4:41 PM Howard, Tim Approved 8/27/2015 ® 10:58 PM LaVerriere, Lori Approved 8/28/2015 ® 2:20 PM Page 23 of 561 Page 24 of 561 PROCLAMATION National Preparedness Month WHEREAS, "National Preparedness Month," creates an important opportunity for every resident of Boynton Beach to prepare their homes, businesses, and communities for any type of emergency including natural and man -made disasters; and WHEREAS, investing in the preparedness of ourselves, our families, businesses, and communities can reduce fatalities and economic devastation in our communities and in our nation; and WHEREAS, the Federal Emergency Management Agency's Ready Campaign, Citizen Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and WHEREAS, emergency preparedness is the responsibility of every citizen of the City of Boynton Beach, and all citizens are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families and communities are prepared for disasters and emergencies of any type; and WHEREAS, all citizens of the City of Boynton Beach are encouraged to participate in citizen preparedness activities and asked to visit the websites of the Ready campaign at Ready.gov or Listo.gov (in Spanish) and become more prepared. Now, therefore, I Jerry Taylor Mayor of the City of Boynton Beach, do hereby proclaim the month of September 2015, as National Preparedness Month And encourage all citizens and businesses to develop their own emergency preparedness plan, and work together toward creating a more prepared society. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of September, in the year two thousand fifteen. Jerry Taylor, Mayor ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Page 25 of 561 5.A. ADMINISTRATIVE 9/3/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 1 Alt Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non - budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 26 of 561 ATTACHMENTS: Type D Attachment REVIEWERS: Department City Clerk Description Appointments & Applicants Reviewer Action Date Pyle, Judith Approved 8/26/2015 ® 10:21 AM Page 27 of 561 - - . K Arts Commission Mayor Taylor Reg 3 yr term to 12/15 Tabled (2) Applicants None Building Board of Adjustment & Appeals IV Casello Alt 1 yr term to 12/15 Applicants None Education and Youth Advisory Board 11 McCray Stu 1 yr term to 12/15 Applicants None Golf Course Advisory Committee 11 McCray Alt 5 yr term to 6/16 Tabled (2) Applicants None Planning and Development Board IV Casello Alt 1 yr term to 12/15 Tabled (2) Applicants None Page 28 of 561 Recreation & Parks Board Merker Alt Applicants None IV Casello Reg Mayor Taylor Alt I Merker Alt Applicants .= 1 yr term to 12/15 2 yr term to 12/15 Tabled (2) 1 yr term to 12/15 1 yr term to 12/15 Page 29 of 561 CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -095 - Authorize the City Manager to sign a letter of agreement with Counseling Services Associates (CSA) to provide Employee Assistance Program (EAP) services at the rate of $12.00 per employee per year (estimated annualized cost of $9600.00) from October 1, 2015 through September 30, 2016. The agreement allows for two (2), one (1) renewals. EXPLANATION OF REQUEST: Agreement Period: October 1, 2015 - September 30, 2016 A Request for Quote for EAP services was conducted by the City's Benefits Consultant, The Gehring Group. See Attachment: EAP Evaluation. Staff is recommending renewing with our current vendor who provides the most comprehensive services at the lowest cost. The agreement allows for two (2), one (1) year renewals as follows: October 1, 2016 - September 30, 2017 at a cost of $12 per employee, per year. October 1, 2017 - September 30, 2018 at a cost of $13 per employee, per year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As part of the employee benefits program, the City provides a full range of EAP services to assist in the identification and resolution of issues related to personal matters including, marital, family, financial, dependency, legal, emotional stress, and other personal concerns which may potentially negatively affect employee job performance. This program provides a valuable resource and referral for employees and their dependents who require assistance with life challenges. FISCAL IMPACT: Budgeted These services are budgeted in line item 34 -30 - Employee Assistance Program in the Human Resources Department's budget. For FY 2015 -2016, the City will pay $12 per employee per year, which is estimated not to exceed $9,600.00. ALTERNATIVES: Do not approve Agreement. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Providing a comprehensive and competitive benefits package, coupled with providing employees with resources to help them cope with life's challenges is consistent with promoting a High Performing City Organization. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 30 of 561 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Counseling Services Associates START DATE: 10/1/2015 END DATE: 9/30/2016 CONTRACT VALUE: $9,600 est annual MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Renewal period 10/01/16 - 9/30/17 $12 per employee, per year Renewal period 10/01/17-9/30/18 $13 per employee, per year ATTACHMENTS: Type D Resolution D Addendum D Addendum Description Reso - EAP EAP Agreement Y15 -16 EAP Evaluation Reviewer Action Date Oldbury, Julie Approved 8/19/2015 - 9:19 AM Howard, Tim Approved 8/25/2015 - 9:07 AM Cherof, Jim Approved 8/25/2015 - 3:13 PM LaVerriere, Lori Approved 8/27/2015 - 11:35 AM Page 31 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15- A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF AGREEMENT WITH COUNSELING SERVICES ASSOCIATES FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH AN ESTIMATED ANNUAL EXPENDITURE OF $9,600.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Benefits Consultant, The Gehring Group, conducted a Request for Quotes for EAP services; and WHEREAS, staff is recommending renewing with our current vendor who provides the most comprehensive services at the lowest cost; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest of the City to enter into the Employee Assistance Program Agreement with Counseling Services Associates for a period of one (1) year, allowing for two additional one year renewals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the City Manager and City Clerk to sign the Employee Assistance Program Agreement between the City of Boynton Beach and Counseling Services Associates for an Employee Assistance Program for the period of one (1) year and an estimated expenditure of $9,600.00, a copy of said Agreement is attached hereto as Exhibit "A ". C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \D0525E3A- 0864- 43CB- B11B- 9AAF810D2304 \Boynton Beach. 1861.1.Reso_- Counseling Services _Associates_(EAP)2015.doc Page 32 of 561 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2015. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \D0525E3A- 0864- 43CB- B11B- 9AAF810D2304 \Boynton Beach. 1861.1.Reso_- Counseling Services _Associates_(EAP)2015.doc Page 33 of 561 I IMITI I IIIIIIIIII! 911919nn 1111111 1! 1. The employees get 5 EAP visits per fiscal year, in additional to 1 family member which has alrea been updated in the new brochures. I - I - .. Kim Sc heft, LMHC Ile Linton International Plaza a 660 Linton Blvd., to 206-F Delray Beach, FL 33444 Phone: (561) 272-8880 * Fax: (5 61) 272-9330 Page 34 of 561 Page 35 of 561 Patricia Sholos City of Boynton Beach 144-17-5Z Boynton Beach, FL 33435 This letter of agreement sets forth the terms of engagement by and be- tween Counseling Services Associates, (CSA) and the City of Boynton Beach, (CITY) regarding the services to be provided by the Employee As- sistance Program, (EAP) for the design, implementation and mainte- nance. The services to be rendered by CSA, as well as related benefits to be re- ceived by CITY, shall substantially conform to the description set forth below under the heading "Scope of Work". 1. Consultation services for the development of the necessary poli- cies and procedures required for the orderly implementation of an effective EAP. pil 11! 111 illi�� III I is MIM I Page 36 of 561 Page 37 of 561 iii1ti L 10 "114; M . • ' r Fee for Service: 00 p er employee per pw • quarterly Time period: One fiscal year through dates of contract Contract Date: Oct. 1, 2015 through Sept. 30, 2016 a ble: O ption to renew: See Attachment Date • +. Li n t on B 206 De lray B each, 33 xi Mol ,M �'. a' Beach # it ! Page 38 of 561 Located 660 Linton Blvd., Suite 206-F Delray Beach, FL 33444 Phone: (561) 272-8880 Toll Free: (855) 272-8880 Fax: (561) 272-9330 Serv ices: ser vices Of Work: See Attachment A Fee for Service: 00 p er employee per pw • quarterly Time period: One fiscal year through dates of contract Contract Date: Oct. 1, 2015 through Sept. 30, 2016 a ble: O ption to renew: See Attachment Date • +. Li n t on B 206 De lray B each, 33 xi Mol ,M �'. a' Beach # it ! Page 38 of 561 i ` # It ! "' l OSOPH Y OF Cr%4. A LL EAM ♦ YEES, DEPEND AND REMEES A RE G1 VEN MIS NO WE IN WRITING- pff-Imini E +i d ili se nce perf licensed tal health service provider as expressly stated in professional regulations of ethics and rules. - A acknowledges, without exception, to fully comply 3;' a 'i • including federal, state, local laws, rules, regulations, codes and standards. Page 39 of 561 i e k:. {: E This 'd Agreement Associates, (CSA) and The City of Boynton day of 0 I Kim : LaVerriere President City Manager Page 40 of 561 City >Bo Be;,; Employee A ssistance Pr Descript of e a R. day, 365 days a year. Clients will be offered a face-to-face ap- Unlimited access to a toll free number, which connects all callers to a licensed profession- • wo � da o th e i r i n it ia l tele phone l oca ti on t o the res olution , Unlimited consultations, assessment, short-term problem i follo up Areas i r assessment, consultation or referral include not - d to Page 41 of 561 program Outside referrals to the most cost-effbotive r Employee orientations at ! nal meetings for ! ► introduce them on how to ! . employees Supervisory trainina programs on intervention needed to identify and refer troubled to EAP. Unlimited management consultations provide ex! ! and consul- tatio work- place ! and fatalities, national disasters, ! .. ! e situations and violent crimes. Onsite Critical Incident Stress Management may be billable. Development brochures, fliers and other promotional d ! !; EAP benefits and Six wellness seminars per contract year ! of ! provided by including "Stress Management!', 'Balancing Work ! Life "Dealing with Difficult People" and more. Quarterly EAP newsletters covering wellness and mental health issues and encourag- program utilizati is A nnual statistical reports providing *' !! y ! ! data as well as a re- view of management ns, wellness seminar attendance, training events and promotional Mandatory ^: ! 4 on ! ! i. compliance program management referrals. Page 42 of 561 ■ x 1U1111 rr k; i The obligation te continue services under ■ e terminated by either party upon days written notice of other • e *- a e e- e e r - • e. + e- Page 43 of 561 IIII p1111q wl Purpose.and Goal Covered _Workers iins aw�' �C r, Ae oryanization, is a►► lYin ► sition or is conducting business on the organization's propenj is cu'lcrcu v ff,lace policy. Our policy includes, but is not limited to managers, supervisors, full-time employees, part-time employees, off-site employees and applicants. one is t a w , co nductng business tor Ine organization. I 11clullf v� LWS PIVIVU3 i h ours , whenever conducting business or representing the organization and while on organization property. i ! , wvw* uwu ii - trad and/ _q%uvmpki�x ossess, ell e or fer for sale alcohol, illegal drugs or intoxicants. Page 44 of 561 Confid is coninaenuai commuTTZEtuon. 777;ess Yo ows legitimate need to know in compliance with relevant laws and management policies have important roles to play. Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit Confidentia Communication Communicating our w ree workplace policy to both supervisors and employees is aware of their role in supporting op f.rug-free workplace program: All employees will receive a written copy • the policy.. Posters and brochures will be available at all locations. - I 1 0 - 0 1 Be concerned about working in a safe environment. Support fellow workers in seeking help. Use the Employee Assistance Program. Report dangerous behavior to their supervisor. Page 45 of 561 City of Boynton Beach Employee Assistance Program Evaluation Effective Date: October 01, 2015 GEHRING ®GROUP INSURANCE BROKERS ®::,. :& CONSULTANTS Page 46 of 561 'r FW.NEWAL Number of Sessions per EF/Dependent 4 per employee 5 per employee 4 per employee/ dependent 4 per employee/ dependent 1 per dependent 1 per dependent Manager & Supervisor Training Included Included Included Included Employee Seminars 6 stress management/ / educational 6 stress management/ / educational Included Included programs programs Orientation Seminar Included Included Included Included Critical Incident Debriefing Included Included Included Included Newsletters Included Included Included Included Drug Testing Services Included Included Not Induced Not Induced Rate Guarantee Expires9 /30/ 15 12 Months 24 Months 12 Months Per Employee / month 806 $0.833 $1.000 $1.510 $1.240 Monthly Premium $671.67 $806.00 $1,217.06 $999.44 Annual Premium $8,060.00 $9,672.00 $14,604.72 $11,993.28 $ Increase N/A $1,612.00 $6,544.72 $3,933.28 % I rcrease N/A 20.00% 81.20% 48.80% Page 46 of 561 M CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -096 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Douglas Sheldon Swan for the property at 1213 Highview Road, Lantana, FL 33462. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, West of Federal Highway and North of Miner Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT: Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current has limiting restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 47 of 561 ATTACHMENTS: Type D Resolution D Agreement D AtaeWintetit REVIEWERS: Department Reviewer Utilities-Customer Service Groff, Colin Finance Howard, Tim Legal Cherof, Jim City Manager LaVerriere, Lori Description Resolution approving W at 1213 High\Aew Road Water Service Agreement backup Action Date Approved 8/11/2015 ® 2:22 PM Approved 8/12/2015 ® 10:17 AM Approved 8/25/2015 ® 3:05 PM Approved 8/27/2015 ® 11:37 AM Page 48 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND DOUGLAS SHELDON SWAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 1213 Highview Road, Lantana, FL 33462 (Parcel Control Number 00- 43- 45- 09 -09- 000 - 1900); and WHEREAS, the parcel covered by this agreement is a multi - family home located in the unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner requests that the City provide potable water in the future; and WHEREAS, no additional construction is required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and Douglas Sheldon Swan. A copy of such Agreement is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ BEOB5FF2- 2E1E- 490E- 9B95- 96FBE219C942 \Boynton Beach. 1797.1.1213_Highview Road Water Service_ Agreement - _Reso.docx Page 49 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ BEOB5FF2- 2E1E- 490E- 9B95- 96FBE219C942 \Boynton Beach. 1797.1.1213_Highview Road Water Service_ Agreement - _Reso.docx Page 50 of 561 M., THE CITY • BOYNTON BEACH, a municipal corporation • the State of Florida, hereinafter called the "City." WITNESSETH, the City and the Owner(s), in consideration of the privilege of receiving water service from the City Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Owner(s), the heirs, successors and assigns, agree as follows: 1. Owner(s) represents and covenants that it owns the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: 2. The City agrees to provide Owner(s) with water services from the City Water System only as necessary to service the Property. 6. The Owner(s) shall be responsible for installation and conformance with all applicable codes, rules, and regulations of all service lines upon the Owner(s)'s Property and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. 7. The City shall have the option of either requiring (a) the Owner(s) to use a licensed contractor to perform the necessary work or (b) the City may have the work performed in which case the Owner(s) will pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner(s) will also advance to the City such additional funds as may be necessary to pay the total actual costs of providing the work. Page 1 of 5 U:\WSA forms\WSA (Individual) 8-22-12.doc Page 51 of 561 - UrrTTEw FIES TD, h A R'G1U4,ETT-1EAT AND COVENANT FOR ANNEXATION (Individuals) 8. Any water main extension made under the Agreement shall • used only for Property of the Owner(s), unless written permission is granted • the City of Boynton Beach for other party or parties to connect pursuant to the Code of Ordinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the metered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 10. The Owner(s) agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Code of Ordinances and rate schedules which are now applicable or as may be changed from time to time. 11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all base facility and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the Property shall be provided by the Owner(s) and at the Owner(s)'s expense. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covp.nant running with the land described in paragraph 1 above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agreement. U:\WSA forms\WSA (Individual) 8-22-12.doc Page 52 of 561 accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FOR WATER SERnCT!.1 iLTS--T—DF-Tj-i%-F—C- AND COVENANT FOR ANNEXATION (Individuals) 111� Oki I 20. In the event • a sale • the Property • Owner(s), Owner(s) agrees to provide writt- notice • the existence • this Agreement to the buyer • the Property prior to • in conjunctil with the closing • the sale transaction. 0 Page 3 of 5 U:\WSA forms\WSA (Individual) 8-22-12.doc Page 53 of 561 f, � 1 1 - X I YA' rw I Tcy — 1 ); AND COVENANT FOR ANNEXATION (Individuals) Second ,W.k6ess Signature Printed Witness Name IVIA Owner Signature STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH Page 4 of 5 U:\WSA forms\WSA (Individual) 8-22-12.doc Page 54 of 561 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Individuals) FOU6101 ." �11 F; I • I I k LI-A City Clerk Approved as to Form: City Attorney STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Palm Beach, to take acknowledgments, personally appeared Lori LaVerriere, City Manager and Janet Prainito, City Clerk, respectively, of the City named in the foregoing Agreement and that they severally acknowledged executing same and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _ day of _, 20_ (Notary Seal) My Commission Expires: • S102ams =1 Printed Notary Public Name Commission No. Page 5 of 5 U:\WSA forms\WSA (Individual) 8-22-12.doc Page 55 of 561 IRREVOCABLE SPECIAL POWER OF ATTORNEJ (Individuals) I/We. D,,,-1,2s s, hereinafter "Grantee", hereby make, UAWSA formsTower of Attorney (Individual) 8-22-12 (3).doc Page 56 of 561 IRREVOCABLE SPECIAL POWER OF ATTORNEY (Individuals) IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 'I-- in the year 20/� Seale Pand delivered in the presence of- 11MII1101MMIJ MOM 41MISAMMMM First Witness Signature Printed Witness Name Second Witness Signature Printed Witness Name STATE OF FLORIDA SS: COUNTY OF PALM BEACH Karen A My Cmmission FF 135760 1 Expims 06/2412018 wow My Commission Expires: • Ti IIN L q 111 A/ 1A Owner Si 'n 9 ature r�- I �G- �%, I I R e-7) 4 if Prin d Notary Public Name Commission No. Page 2 of 2 UA"I forms\Power of Attorney (Individual) 8-22-12 (3).doc Page 57 of 561 IT F ma- Gary R, Nikolits, CFA Flometead Exemption MM 2014 2013 Property Appraiser Assessed Value $38,082 $34,620 $31,473 Exemption Amount $0 $0 $0 Taxable Value , 'I" o',MSeadl COUrItY $34,620 $31,473 Tax Year 2014 2013 2012 Ad Valorem IT F ma- 1 , ,ww.co.pal - ii , .--heacii.fl.uslpapalAspsIPropei - tvDet,iillPropertyDetail.aspx?,n , ircct=0043. 8/3/�g15 Page' of 561 All values are as of January 1st each year Tax Year 2014 2013 2012 Assessed Value $38,082 $34,620 $31,473 Exemption Amount $0 $0 $0 Taxable Value $38,082 $34,620 $31,473 Tax Year 2014 2013 2012 Ad Valorem $882 $765 $603 Non Ad Valorem $557 $552 $551 Total tax $1,439 $1,317 $1,154 1 , ,ww.co.pal - ii , .--heacii.fl.uslpapalAspsIPropei - tvDet,iillPropertyDetail.aspx?,n , ircct=0043. 8/3/�g15 Page' of 561 rage i o 4 25 Extra Feature FlIs 11M Year Built No Extra Feature Available im Land Line # 1. SFR JONTMAIM Zoning Units RM 1 0 http:// v ti id= 8/3/��l 5 Page of 561 S Page I of 1 Gary A Nikofits, CFA Homestead Exemption Structural Element for Sketch for Building 2 4 Land Details Land Line Description 1. SFR Year Built No Extra Feature Available Zoning RM 2 Units Units Acres 0 I-i ttp: / /www.co.palin- beach.fl.us/ papa / Asps /P rope rty Deta i I/StructUral Detail. aspx?eiitity_i d=. .. Pe& / 9b'8f 561 Building 2 1. Exterior Wall 1 CONC. BLOCK 2. Year Built 1960 12 3. Air Condition NO HTG/AC 16 iq, Desc. 4 . Heat Type NONE S. Heat Fuel NONE 10 6. Bed Rooms 1 A Aned I 7. Full Baths I 8. Half Baths 0 9. Exterior Wall 2 N/A 10. Roof Structure FLAT 11. Roof Cover BUILT-UP T/G 12. Interior Wall I DRYWALL 13. Interior Wall 2 N/A 14. Floor Type 1 VINYL /ASP H TILE is. Floor Type 2 N/A 16. Stories I 4 Land Details Land Line Description 1. SFR Year Built No Extra Feature Available Zoning RM 2 Units Units Acres 0 I-i ttp: / /www.co.palin- beach.fl.us/ papa / Asps /P rope rty Deta i I/StructUral Detail. aspx?eiitity_i d=. .. Pe& / 9b'8f 561 PAPA Maps http://www.pbcgov.com/papa/Asps/Papagis/Papagis.aspx?qvalue=O 4 Page 61 of 561 6.C. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -097 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. EXPLANATION OF REQUEST: Per Florida Statute 420.9072 State Housing Initiatives Partnership (SHIP) Program funds, the City of Boynton Beach receives an allocation of funds "which were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing - related employment." The Statute requires that each county or eligible municipality submit to the Florida Housing Finance Corporation an annual report of its affordable housing programs and accomplishments utilizing SHIP funds through June 30, the close of the state fiscal year. The report shall be certified as accurate and complete by the local government's chief elected official or his designee. The Statute also requires that the report be made available for public inspection and comment prior to transmitting it to the corporation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Failure to submit the report could affect the City's ability to receive SHIIP funds. FISCAL IMPACT: The ability to receive funds as they remain available. This year, the City expects to receive $343,042 to assist with its housing programs. ALTERNATIVES: None at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 62 of 561 Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving SHIP Annual Report and Certification SHIP Annual Report SHIP Report Certification Date V21/2015 - 9:21 AW V25/2015 - 1:30 P-Pol V25/2015 - 1:52 P-Pol V25/2015 - 3:16 P-Pol V26/2015 V26/2015 - 2:23 P-Pol Page 63 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) ANNUAL REPORT; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SIGN THE CERTIFICATION TO ACCOMPANY THE REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts; and WHEREAS, the City receives an allocation of funds which, pursuant to F.S. 420.9072 were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing and to increase housing related employment; and WHEREAS, the Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Agency each year a report of its affordable housing programs and accomplishments through June 30 of each year; and WHEREAS, the report shall be certified as accurate and complete by the local government's chief elected official or his or her designee; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorize the C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \739AACBC -D68D- 4492 - 9911- B66C3BCFB2AC \Boynton Beach. 1843.1.Reso_ -_S HIP_Annual Report (2015).doc Page 64 of 561 29 Mayor to execute the Certifications to accompany the report. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the City's State Housing Initiatives Partnership (SHIP) Annual Report and authorizes the Mayor or his designee to sign the Certification to accompany the report. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \739AACBC -D68D- 4492 - 9911- B66C3BCFB2AC \Boynton Beach. 1843.1.Reso_ -_S HIP_Annual Report (2015).doc Page 65 of 561 GpEn !TI Q!BSCB11: 78.48/119)4 - ) j- !C-JB /D/ FgV dq4 !EbJ ;!22811: Title: SHI P Annual Report SfgpsUTtbu✓t; Votvcnjufe CpzoLpo!Cf bdi !C7-!3123CB124 Gpsn !2 TI Q!EjtL�cvopo!Tvn n bsz I pnfpxofstijq ,I e ,, T tatf hz n V U 4 Sf i be 0 /84 -646/51 1 2 1 pn f px of st i jq!Uptbrti; 0 /84 -646/51 2 Sf o Lbrin y'taet r �FQ6v'Y1 V;fc1v sf ,Ie ,, Ttatf hz ,, 'Vojt�r,'pva` VQjt Sf o LbrtUp Lbrin; TvcLpLbrh; 0 /84 -646/51 2 BeejopobrtVt f !pdGvoet Vt fi ` F,ygf cart Ben jojt Lsbyuvf 0 /8- 784/21 I pn f px of st i jq!Dpvot f qch Ben jo!Cspn !Qsphsbn !.bdpn f %}: 6/84 Ben jo!Gspn !Ejt bt Lf s!Gioet UpLbrtsf wf ovf !)BdLvbrtboeQ)s!BoodjgbLf e *!gps!WdbrhTl .Q!Us\tt LIGvoe f pvdf 1 ,p,Cv`o# Btu Ttbtf !BoovbrtEjt u�cvypo 0 /87 -842/11 Qsphsbn !.bdpn f !).btf sf t Lt °/8: /77 Qsphsbn !.bdpn f !)Qbzn f oLt * 0 /8- 966/19 Sf dbquisf e!&oet Ejt bt J s!Gvoet Pd f s!&oet Dbsszpwf s!gioet !gpn !qsf \ypvt !zf bs 0 /24: /1: UpLbrr 0 /45 -895/94 - HDbssz!Gpsx bse!Lp!Of ydZf bs; 0 /8- 291/71 OP UFAUi jt !db-cE7-!g)sx bse!bn pvodxjniporaicf !bddvsbLf ! x i f o!br 4 ovf !bn pvod !boe!brdii yqf oef e -! f odvn cf sf e!boe!vof odvn cf I e!bn pvod !i bvef !cf f o! beef e!rp!Cpsn !2 Qbhf 2 Page 66 of 561 Gpsn !3 GpEn !TI Q!BSCB11: 78.48/ 119)4 - )I -! 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The Annual Fbport information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2012/2013, and interim years 2013/2014 and 2014/2015. 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented, including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $0.00. 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $0.00. Staff member responsible for submitting report to FHFO OctaviaSherrod, Community Improvement Manager /""0, ea' y d r 4907,'-,5 00) t")"')Llnty eflitgn.)Ie ,,, Jhal l , ,',�,.ibmit to of P'd i L U L,-, "S "'- -'-14 .1,1111--l", "Trie 'ic)� x -,,, �a; cl aoao 'iments tnro gh , vie irL UMJ H""'P'm IA r - ir - nedia"L ely ,',�,.ibmiL ttal L "t, S af or � LJ g progra , z rnpli',""'� LJ A report be t:x,, as ,,t la: t:✓ by 'L,he ,loaM *nt's kzllhief dlected Fcfficial� or" Ills or" "Ier desq,',nee, "ible m,,.inidpality�s c flefele of"' L LJ L L �A ul''Usur EN "IE"mKI ILLdl Us L, e d' �UEd by a tx'.)� n" y� s or el it-, L t "Y y 4 in 1--J e strategies. or. if appIk'.",01e. '� e k:.)cal n, 0 g incc plan. ave been ir a o I 1 1 V L VI 'K)� "I"i;l "I -b""ite d—, g [C r plerne ", L C6 L LU L, t UU � �,'I[" J lor irnplernenlUl Page 80 of 561 ("J" R D N J3w TAYLoK M AYOR W'"I N IN OR D H N NAP E- VV N I T OR ATTEST /""0, ea' y d r 4907,'-,5 00) t")"')Llnty eflitgn.)Ie ,,, Jhal l , ,',�,.ibmit to of P'd i L U L,-, "S "'- -'-14 .1,1111--l", "Trie 'ic)� x -,,, �a; cl aoao 'iments tnro gh , vie irL UMJ H""'P'm IA r - ir - nedia"L ely ,',�,.ibmiL ttal L "t, S af or � LJ g progra , z rnpli',""'� LJ A report be t:x,, as ,,t la: t:✓ by 'L,he ,loaM *nt's kzllhief dlected Fcfficial� or" Ills or" "Ier desq,',nee, "ible m,,.inidpality�s c flefele of"' L LJ L L �A ul''Usur EN "IE"mKI ILLdl Us L, e d' �UEd by a tx'.)� n" y� s or el it-, L t "Y y 4 in 1--J e strategies. or. if appIk'.",01e. '� e k:.)cal n, 0 g incc plan. ave been ir a o I 1 1 V L VI 'K)� "I"i;l "I -b""ite d—, g [C r plerne ", L C6 L LU L, t UU � �,'I[" J lor irnplernenlUl Page 80 of 561 I CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -098 - Accept the offer of $3,600 settlement as a result of a proposed short sale for David and Alexis Massey of 8 Via de Casas Sur, #103, Boynton Beach, Florida, 33426, on which the City holds a second mortgage of $45,000.00. EXPLANATION OF REQUEST: Staff recommends the approval of this short sale, which has previously been approved by the Commission on April 16, 2013, May 6, 2014, and May 19, 2015. These sales fell through; although the purchaser(s) were eager to close as soon as possible, first lender approval was continuously delayed. The Massey's meet the hardship requirement of the City of Boynton Beach Short Sale Policy as adopted by Resolution R13 -010, as they were forced to move out of state due to unemployment issues. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Allowing the short sale transfer of the property to a new homeowner avoids further foreclosure proceedings, as a lis pendens has been filed. The sale assists in the stabilization of this neighborhood as well, with the reduction of a vacant property. The purchaser of the property must retain a Certificate of Use and Business Tax Receipt in order to lease the unit. Though it was not the intent of the Short Sale Policy to allow investors to purchase these distressed properties, the policy currently does not address this issue. Staff will be returning to Commission for approval of a revised policy, which will address the purchasers of "short sale" properties, and also that proceeds to the City not be a lesser amount than Real Estate commissions being received on the sale, as is the case in this short sale. FISCAL IMPACT: Non - budgeted The recapture of $3,600 to use in the City's affordable housing program. ALTERNATIVES: Not to allow the revised short sale, and force the City into costly legal action as a party to foreclosure, with negligible chance of regaining any funds. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 81 of 561 Grant Amount: ATTACHMENTS: Date Type D Resolution D Addendum D Addendum D Addendum REVIEWERS: Department Community Improvement Development Finance Legal City Manager Reviewer Octavia, Sherrod Mack, Andrew Howard, Tim Swanson, Lynn LaVerriere, Lori Action Date Approved 8/21/2015 ® 9:23 AM Approved 8/25/2015 ® 1:33 PM Approved 8/25/2015 ® 1:56 PM Approved 8/26/2015 ® 10:54 AM Approved 8/27/2015 ® 11:39 AM Page 82 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE OFFER OF $3,600 AS SETTLEMENT OF THE CITY'S SECOND MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR DAVID AND ALEXIS MASSEY BASED ON THE CITY'S SHORT SALE POLICY FOR FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with the assistance of the City of Boynton Beach's first time homebuyer assistance program David and Alexis Massey purchased their home at 8 Via De Casas Sur #103 for $215,000 in June of 2006; and WHEREAS, the City of Boynton Beach's second mortgage in the amount of $45,000 is a zero interest (0 %) lien that runs concurrent with the first mortgage; and WHEREAS, the City Commission previously approved the short sales for the Masseys on April 16, 2013, May 6, 2014 and May 19, 2015, but those sales fell through; and WHEREAS, the proposed settlement offer is in accordance with the City's Short Sale Policy for the City's First Time Homebuyer Assistance 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 accept the offer of $3,600 as settlement of the City's second Mortgage as a result of the proposed short sale for David and Alexis Massey. 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 C:AProgramFiles ( X86) \Neevia.Com\Docconverterpro\ Temp \NVDC \84FB62C0 - 841E- 4D98 -Al2C- 70FD02CD916A\Boynton Beach. 1821.1. Accept _ Massey _Short _Sa1e_(2015)_- _Reso.Doc Page 83 of 561 30 confirmed as being true and correct and are hereby made a specific part of this 31 Resolution upon adoption. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section 2. The City Commission of the City of Boynton Beach, Florida hereby accepts the offer of $3,600 as settlement of the City's second Mortgage as a result of the proposed short sale for David and Alexis Massey. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgramFiles ( X86) \Neevia.Com\Docconverterpro\ Temp \NVDC \84FB62C0 - 841E- 4D98 -Al2C- 70FD02CD916A\Boynton Beach. 1821.1. Accept _ Massey _Short _Sa1e_(2015)_- _Reso.Doc Page 84 of 561 wwwboynton-beach.o[g SHORT SALE POLICY & GUIDELINES ' assisted property owners become financially distressed and can no longer afford to pay their first mortgage; or when the property owner must relocate out of Palm Beach County, a Short Sale will be authorized based upon the following criteria: The first mortgage lender must reimburse to City of Boynton Beach $4,000.00 • eight percent (8%) the remaining balance owed on the City's Second Mortgage, whichever is less. • WORM RIM NIFIR31 11 4. Community Improvement Division must review and approve the HUD Settlement Statement prior to the Short Sale closing. S. Upon receipt of the Short Sale reimbursement, the City shall waive all rights to the file future judgments for deficiency against the homeowner. 6. Upon receipt of the Short Sale reimbursement, the Community Improvement Division shall satisfy the second mortgage subsidy. A request will be made for the City Attorney's office to prepare the Satisfaction for the City Manager's signature. Jr. 11 0 a 0 4 0 6 __ - �,_ _ , s ale reque g oing Dack to November - - _.. , exces'sive del. 6n' the part of the lehders walked). Page 86 of 561 Alexis Duarte - Massey Page 87 of 561 Aug 0715 09:46a Damage Ina 954 -868 -5702 p.2 OWBApp-w No. 2502 -0265 *•`a,t *> A. Settleme Statement (HUD -1) 4 Property Lowto.: H. SeolamaitAgent I. Settlemem Dote; B Via de Cade Surf 103 Florida TlllaWorks, In 9.30!2015 sWrlbMl Beach, 33426 . Prase of tie;tamaric 150 S. Pine Island RD #417 Plantation, FL30 400. GroexAmoum Mato Sallar 401. Contest salsa price $127,000.00 402, Pemonal prop f [ementdn ig.rodOrrowa Hine 14001 403. ... 404. 405, _ 10S.Gylavn ta to lustm - nttoriams Palebyse0er in advance 107. Cc- 4x. to _ 4 06. CKYAow A mes to 100. Asstsernants W 407. COU21 r dxes ( _ _ 40B.Maeesmante b 110. s09. 111. - 411. I 412 420: Gross Amount Due to Sallar $0.00 WO. Rod UcHunts in Am Due to aWls, _ 501_. Excess depcait (see irebuotamL 502. Settleme charges to seller('ino 14071 T~ $13,151,60 633. Exbtn loan+a) !chart wblecl m -~ 50 4. Payo.T of IPst medgage loan PNC 5106,655.76 505 P pf cawed modga0e Iron sae ltd rwagan City of Boynt Beach $3,600,00 507. $1,726.54 200. - 60e. /WJustexnis tar ilemsun surer 510. ,'�grAOwn tax. to -- 5i1. Cant te 1/1/15 to 97 30115 $1.392.54 572. Aaae.mems o 213. 214. 21 F7, 21 220. TO let pall byJ(orttorrower Raduetloon Amount Due SaOer $1$,144.24 800 Caah at settmmaa Moeller 801. Goss amount G ras to enter Iona 420) S127,000.00' 0o2 Less rodusdameln amotantedue an ler (am 620) ( $127,000.00) JEW& Cash C To PK. Prom Sorer $0.00 The PUNIC Reporting 6 'nrfHs oclo lbt of irrorrm3icn i5 oslimated at W'mums pee ruspome for Co lcoting, raviminiI, and repo°8n0 lho data This agency my not collect this inlonmion. and ynL ens not required to ocrep,ete tris `otm,.n - fleas R, d ROW a C.aicnf:Y valid CMD Control number. No mnEdanlb0y Is asuWed; this alsdcoure is mandator?° This is designed b pr-&- the pa^des 40 a RESPA covered tmnseell3n w lh freorma•.im during the setdsmont Im o iCYl Comrad s aioa pros $127,0 00.00 1D2. PareorelProprrtY .�- f [ementdn ig.rodOrrowa Hine 14001 $5,'184.14 Adjualmnt for hems paid by cells, to advance 10S.Gylavn ta to 107. Cc- 4x. to - 100. Asstsernants W 108.__ 110. 111. 112. 121L Gross Amount Due from Borrows, $132,184.14 21110.Areerml Pald or In Behalf Of Borrower 201. Dems L w aemmt m 202. PrhdpW Bmo Cf taw lren(al - -__ - 203. Exlstag lmn(B) taien subject to -~ 204. 206. .. 206. 2n7. Realttlr Cordrillutic $1,726.54 200. 2ga. Adiustmsnta Toe Item unPald by aaBs, _ i C. CiMtewn l arLGs 711/1fi - 7o 8/5DJf5 $1,392.64 211_Coenty !axes to _-. _ 212. Assasamxss . _ b _ 213. 214. 21 1 216. 21 220. TO let pall byJ(orttorrower _ AS132,184 301. Gro armatlCU from bo..rmwer(line 120) .102. Less amtunts paid by,Tor boaoww (Ilhe 220) IA 503. Cash From To Borrolaar Pmrrous vdilion we obsolete FROM 1 Of 3 WD -; age 88 of 561 Aug 071509:46a Damage Inc 5 954 - 868 -5702 P.3 903. Hmmemner's lraurence tr Yom to 1301. Regwad services that you can sho for (fnrn G FE R6) - (Iran GFE &11) 13t12_ sefnat:eaSiOgte 9 [)@WmPA ^...__ S _.. -. -.. � $1,000.00 904 7393. conic Asso South Lake II $500.00 52,900.00 130x. maetecomwoassoc $1,72 &54 1000. Reserves Capos9ed e9m LaMar $100.00 ^•. . 1001. Ini0a' damalt lerycur escr nv account m OFE69) � 1002. HomeorunePS ls months @S parmo.�lh S ' 1003. MortMoiraurence mmntha @S permailh $ 1004. property Taxes ..^ mon � S -th IS 1005. mmnths ®S __ ., _ pl parmonth $ 1006. mm:rs �S p aro nlh S m-- 7007.A 3gregNe.ldJusln m o t � - ile Charges 916 services and mender's tale ins urance (fro GFE d4) oCO .vner's F We insura (them GFE 95) $710.00 ender% ti 9eiraurarce 1105. Lender's 141e policy limit$ 1108. Owner's time polev Itnul S ' ^-- •.... __ __ 1 107 . Acoars portion of the t otal tith irrsuherrQ pre mium to S 1100. Underwrilor's potion of the total oils insurance prawiu:a to S 1109. Abetr Tide Search 8 Me Search. __ $ 1110. Doe Prop _ $350.00 .1111. Owner's T RIO POMCy _ 1800.Geverrarrsnt Reaardlnp andTrersferChetgea 7201. Go mcafdirg ctragas �•. (hem GFE 9F) $27.60 1802. Dead S MorWage $ Retanso $ 71.60 -• . - y $71-60 1203, Transfer nixes {hpm GFl MS) 1294. Cty/Coumy lmrhlampa Deed S ModgegE S 1205.81et.tegetanps Dead $9130 g Me".S 121 119. cpurie /vAns j $76.001 $88900 $35.00 1390. Additional S#Wwtmnt Chsrgss 1301. Regwad services that you can sho for (fnrn G FE R6) 13t12_ sefnat:eaSiOgte 9 [)@WmPA ^...__ S _.. -. -.. � $1,000.00 7393. conic Asso South Lake II $500.00 52,900.00 130x. maetecomwoassoc $1,72 &54 1305, esloppeliee $500.00 $100.00 ' r $5,164.14 $33,151.SD Previous edition ors obso eta Pago 2 o 3 HUD-1 Page 89 of 561 990. Items Fliaquhad for Lender (a be Fold In Advance - --- � and MXRLIh SO FLURI A L.0 { "Buyer agree that Seller shall se:i and Buyer shall huv the following described Real PrapeAy grad Personal Property a r °Property) ('Contract'): t' the terms and conuitions of this AS 1S Residential Contract For Sale And Purchase and - any riders and addenda { °Contrad'): i. PROPERTY DESCRIPTION: (37 Street address, city, zip: 8 VIA DE CASAS SUR 103 BOYNTO 3FHCH, FLORIDA 33426 (b; Property is located ir.: PALM BEACH County Florida. Real Property Tax 0 No.: 48 -03 45 17 04 800-t03C I.C) Reei Property: Tine legal description i5 SOI.ITH LAKE II COND JNIT 103 BLDG 8 toget^e- writ€: all 3xi6Ling improvements and fixtures. including b1.1111 -in appliances, milt -in furnishings and attached I wail- lo-t4'aN •Wrpebng and flooring ('Peei Property") unless specifically excluded in Paregraptl 1(ei w by other to Ins of this C Wntract. �d} Personal Property: Unless excluded in Paragraph 1 (e) or by other terms of this Contract, the following items wttiG ". are owned by Seller and existing on the Property as of the date of the initial offer are included In the purchase: range(s}roden(s). refrigersior(s), dishwasher(s), disposal, ceiling fan(s), intercom, light fixtare(s). drapery rods and d-aperies, blinds, window treatments, smoke defector(s), garage door opener(s), security gate and other access devices, and storm shutters/panels ("Personal Property"). Other Personal Property items Included in this purchase are: washerldryer :.: Personal Property is included in the Purchase Price, has na eentnbutorf value. and shall be left for the Buyer. s [e) The following items are excluded from the purcl ase: PURCHASE PRICE AND CLOSING 2, PURCHASE PRICE (U.S. currenry) ... ......... r <a) Initial deoosir to be held in escrow in the amount of (checks .subject to COLLECTION) ... ,,,.,.. ;,pCq F tta initial deposit made payable and delivered to "Escrow Agent" named below"" (CHECK ON E): (i) I_i accompanies offer or (a) C is to be made within {if left btark, then 4) days after Effective Date, IF NEITHER SOX 18 CHECKED, THEN OPTION (ii) SHALL BE DEEMED SELECTED. Escrow Agent Information: Name: Florida Tice Works Scott Rosen. PA Address. T50 S Dane Island Rd, Ptantalion, FL 3332,4 :S Fnone- 954i$15•QSE)o E -mail Fax: =. Its, Additional deposit to be deliverec to EscrotivAgent %vilhir: .:• r days after Effective Date ............. ......... ;;1i raft blank, then: t3) - .............. .......... .............5 iAll deoCSits paid Cr agrt eC to be paid, are coile0 ively referred to as lhe'Deposlt') ' (e) Financing: Express as a dollar amount or percentage eLoan Amount) see Paragraph 8................ 0 td Other. 4 (e) Balance to clove (not including 13trter's closing costs, prepaids and proradons) by vAre .5 OAO :ransfer or ether COLLECTED funds ................ NOTE: For the definition of "COLLECTION" or "COLLECTED " see STANDARD S. ' S f 2G.000.00 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER - OFFERS: EFFECTIVE DATE: i2i if not signet by 3uver and Seller, and an executed copy delivered to all parties on or be`ore ;u1y 30.2Gt5 this offer st:aii ::e deemed withdrawn and the Deposit. :f any shalt be returned to Saver. Urtfess otherwise staled. time for acceptance o! any coupler- Offers Shall be will -in a days alter the day Ilse counter -offer is delivered >- In The affe-CUve date of this Contract shall be ina•care wrien :he la = s t one of Ltie Buyer and Seller has signed or Initiated and delivered this offer or final counter -offer ('E`fecbve Date - 1. r• 4. CLOSING DATE: Unless modif `d b other p rovrsidns of this Conlfact• the cfoscng of this transaction shall dcc ana the closing documents required to be furnished by each party pursuant to this Contract shall be delivered ( "Closing') on an or oerdre 8,28115 ( 'Closing Date), at the time established by the Closing Agent. S. EXTENSION' OF CLOSING DATE: ie ial' If Ctosing funds from Buyers lender's} are not available at Gme of Closing due to Truth IP. Lending Act (TILA) notice - requirements. Closing shaft be extendeo !cr such period necessary to sates^ iLA rctice requirement_ nil •o - exceed 7 Jaya. f T °. �g�j`` r•. S }•_r VnIfia# lV l.3 r -a5c t of f i i =icc saRUal:�rs'Fr�nJa3ye -ASISL C ru . S : ; a ' Sy =°• %. 2�,7.• F'9ri�c Reai:s "S"nnd TMe F'!4rica liar. All mhis reser - :q n,r {R GO5403 97434is 94 ', t = lQrtrnniraikr Vinncri.icinn sC"nnrinlir" ® _"t Cacelnn Irh • Ar94aaC1rrA�lgsRR..A 70d_a4a "".MrinRf ha9rMR 1 ° Page 90 of 561 Aug 071610:02a Damage Inc 954-868-6702 p.42 LOectronically Signed using eSignOnlineTf Sessi Jr) , qpe-'41 Page MoT5al Aug 0715 10:04a Damage Inc 954-868-5702 p.43 I W 0 (c) Assumptlon of existing mortgage isee rider for terms). HSI 0[d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms [is CLOSING COSTS, FEES AND CHARGES 117 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS 110 (a) COSTS TO BE PAID BY SELLER Buyers Irlums W5 r*1 ..' -' 'I n. , Page 3 of 19 Seller's Initial,- Vni FlaridaRealWm7FtE-d-l�l-r-AEIS-3 Rev 9114 E�D 2014 Fbada Reahlors"and The Florida Son All rghlS reserved. Page 92 of 561 Aug 071510;04a Damage Inc 954-868-5702 p.44 • R-941-1--igj a] HIV fin HiT.INTAI rzTA i,6 P, Buyer's Inidals N12S Page 4 n111 sellers In'lials 1 J. " I - I -, rlQridaRaaltDmorloridaBai- Q 7014 Florida Reaton'tand The Florida Bar. All rights reserved. t., 'krial2r. 05D194.000143-M90 Page 93 of 561 Aug 071510:10a Damage Inc 525 (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer snail provide Seller copies of IRS Forms 8288 526 and 8288 -A, as filed. 27 W. RESERVED 528 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller and 529 against any real estate licensee involved in the negotiation of this Contract for any damage or defects sae pertalning to the physical condition of the Property that may exist at Closing of this Contract and be 531 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 522 provision does not relieve Seller's obligation to comply with Paragraph 10(1). This Standard X shall survive 533 Closing. WA ADDENDA AND ADDITIONAL TERMS MASSEY SHORT SALE - #1000202962 STANDARDS FOR REAL ESTATE TRANSACTIONS C'STANDARDS ") CONTINUED 537• 539 539 540 541 542 $43 &M 545 546 547 549 549 550 551 552 553 554 535 19. ADDENDA: The Following additional terms are Included In the attached addenda or, riders and incorporated into this 536' Contract (Check If applicable): ® A. Condominium Rider ❑ M. Derective Drywall Q X. Kick-au' Clause ❑ B. Homeovene& Assn. ❑ N. Coastal Construction Control Line ❑ Y. Seller's Attorney Approval ❑ C. Seller Financing DO. Insulation Disclosure CZ. Buyer's Attorney Approval ❑ D. Mortgage Assumption OP. Lead Based Paint Disclosure ❑ AA.Licensee- Personal Interest in ❑ E. FHAIVA Financing (Pre -1978 Housing) Property ❑ F. Appraisal Contingency ❑ Q. Housing for Older Persons ❑ BB. Binding Arbitration I.x G. Short Sale ❑ R. Rezoning ❑ Other ® H. Homeowners'IFtood Ins. ❑ S. Lease Purchasel Lease Option ❑ 1. RESERVED ❑ T. Pre - Closing Occupancy by Buyer ❑ J. Interest-Searing Acct. ❑ U. Post - Closing Occupancy by Seiler ❑ K. RESERVED ❑ V. Safe of Buyer's Property ❑ L. RESERVED ❑ W. Back -up Contract 20. ADDITIONAL TERMS 1. Seller to oav any and on 954 -868 -5702 p.50 COUNTER-OFFER/REJECTION 555' ❑ Seller counters Buyer's offer (t6 accept the counter - offer. Buyer must sign or initial the counter - offered terms and deliver 556 a copy of the acceptance to Seller). 557• ❑ Seller rejects Buyer's offer. 558 THIS IS INTENDED TO SE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 550 AN ATTORNEY PRIOR TO SIGNING. 56e THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 561 Approval of this form by the Rondo Reallors and The Florida Bar does riot constitute an op hiorr that any of the rerms and 562 conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be 56s negotiated based upon the respective interests, objectives and bargaining positions al interested persons. Nne Buyers Initials Page 10 of 11 Seller's Initials FloridaRea ltorsiFlorid3&+r•ASiS -3 Ray.9114 e. 2014 Anrita Realtors "and The Florida Bar. All rights reserved. serve. 059194Q4tlYA3•Ba9p1i19 Electronically Signed using eSignOnline'llf Session ID: aec3ld7f -b808- 4367- be38- 5007480dlb7f 1 Page 99 of 561 Aug 071510:11a Damage Inc 954 - 868 -5702 P.51 564 565 566 2167 588' 559 570 671 572 573' 574 576 $70 577 576• 579 58D Sal 562 593' 534 5a$ Sao' 567• 5®&• $99 590 991 592 593 594 5Ss 596 597' 598 599 600• 6c1 AN ASTERISK (') FOLLOWING A LINE NUMBER IN THE I'V ARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. Buyer: Iv -41 C ✓ j Seller: Seller. Buyer's address for purposes of notice 102 BAYBERRY CIR JUPITER FL 33458 77 Date: 7128!2015 `7 -1 ' ,"- Date: ! - 4;47—i ) Date: _�_ ��-� -- /S' _ Date: Sellers address for purposes of notice 8 VIA DE CASAS SUR # ID3 BOYNTON BEAC FL 33426 8840 BROKER: Listing and Cooperating Brokers, If any, named below (collectively, "Broker"), are the only Brokers entitled to compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage agreements with the parties and cooperative agreements behveen the Brokers, except to the extent Broker has retained such fees from the escrowed funds. This Contract shall not- modify any IVILS or other offer of compensation made by Seller or Listing Broker to Cooperating Brokers. JO DY COLTOGIRONE and GARY FERRARA 3% Cooperating Sales Associate, if any ATLANTIC FLORIDA PROPERTIES Cooperating Broker, If any Lindy Ghl4audi Listing 5ares Associate Charles Rutenberg Re Usting Broker Flor 'deRe�allpr3lFbridaBar- AS1S -3 Rev.WW P2014 Florida Realtors" nd Florida Bar. All rights reserved. Se a-W 0501 9 4 400143. 8490910 Electronically Signed using eSignOnrineTmf Session to : aec - b8p8- 4367- be38- 5007480dlb7f ] Page 100 of 561 This instrument was prepared by: The City Of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Return to: Community Improvement NZIAMPYIPM, WHEREAS, this second mortgage is an interest-free deferred payment loan instituted under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the first mortgage or upon Mortgagor's default. Page 101 of 561 ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more particularly described as follows: Page 102 of 561 (e) If foreclosure proceedings should be instituted on any mortgage inferior Avxdd611�q ttrmry which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (g) Any modification of any mortgage superior or inferior to the Mortgage, increase in the amount outstanding under any superior or inferior mortgage, whether pursuaD!o to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage. (h) Any breach • any warranty • material untruth • any representation • Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents. I 0) If the mortgaged property is sold, transferred or refinanced prior to ths- zxpiration of the first mortgage or any prior mortgage the entire amount • the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not M. WI "M *7 01 IN O N Page 5 of 11 Page 105 of 561 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage. The Default Rate shall be the maximum interest rate per annurn permissible under Florida Law, • Federal Law in the event Federal Law pre-empts Florida law • is otherwise applicable 0 * I I • Via De Casa Sur, #103 Boynton Beach, FL 33426 tr at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee. Any notice demand or instrument authorized by this CITY • BOYNTON BEACH ATTN: CITY ATTORNEYS OFFICE ig AWWWW - " "M l ow - 0 LOWL I 1 -J M-1141 � 111111 IM IN 1 11!7-1100140�1111111111 tr at such other address as may have been furnished in writing to the Mortgagor by th Mortgagee. 3.07 Headings. The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms • provisions contained in this Mortgage, the Note • any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby. Page 9 of 11 Page 109 of 561 Page 110 of 561 rio IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement -- +r be executed by * duly given as of the da and year first a Signed, sealed and delivered in the pres • N" WITNESS I STATE OF FLORIDA ) ) SS.. COUNTY OF PALM BEACH) MORTGAGOR David Masse PRINT NAME MORTGAGOR Alexis Duarte , 1 PRINT NAME hereby certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared y He /she is personally known to me [or has produced C 1-1 as identification] to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witness my hand and official seal in the County and State named above this day of June, 2006 Signed: / • NO ARY PUBLIC Print Name: C - 01 4-61 A - Page 11 of 11 Page 111 of 561 6.E. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -099 - Authorize the City Manager to apply for, execute all documents associated with the Florida Recreation Development Assistance Program ( FRDAP) grant, accept the grant, and execute the Grant Agreement subject to approval by the City Attorney. EXPLANATION OF REQUEST: In 2014, the Recreation & Parks Department applied for a FRDAP grant to help fund Congress Avenue Barrier Free Park improvements and Tennis Center renovations, but was not awarded funding. In a continuing effort to complete the development of Barrier -Free Park, staff is re- applying for this grant. The three elements of this project are a multi- station accessible playground, picnic facilities and renovations to the existing tennis courts at the Park. The application deadline was 08/14/15 and there was not sufficient time to bring this before City Commission prior to submittal. In accordance with Administrative Policy #01.02.13 Grant Management, "If the application deadline does not allow sufficient time for Commission approval prior to the application deadline, the City Manager may give approval to submit the application, provided the department places the grant application on the next available commission meeting agenda for approval. If the commission denies the request to submit the grant application; the responsible department must immediately contact the funding agency and remove the application from consideration. " HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The FRDAP grant does not require a cash match. The other funding sources for the project will be the Park Impact Fee Fund and the Greater Boynton Beach Foundation. The grant will assist in covering costs associated with the new playground equipment, picnic facilities and renovations to some of the existing tennis courts. The grant funded project must be complete within three years of the grant award. The grant award is anticipated in September 2016; the project would begin in FY2016/2017. FISCAL IMPACT: Budgeted Total project cost is estimated at $220,000. The grant request is for $50,000. Park Impact fees to assist with costs for the project are estimated at $150,000 in FY2016/2017 ( #302 - 4233 - 572 -RPxx xx). The Greater Boynton Beach Foundation raised over $20,000 and is continuing to raise funds which will help pay for the playground and adjacent picnic facilities. Tennis court renovations are currently planned the CIP program for FY2016/2017 ( #302 - 4212 - 580- 49 -17); this project is included in the grant proposal as well. ALTERNATIVES: Do not reapply for the FRDAP grant STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 112 of 561 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $50,000 ATTACHMENTS: Type 310 111111111k�l r F,bllmffoTOT--TIT4,Wi REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Lejeune, Carisse Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Application and Agreement for FRDAP Grant. Grant Application Action Date Approved 8/12/2015 ® 2:38 PM Approved 8/12/2015 ® 2:41 PM Approved 8/13/2015 ® 2:21 PM Approved 8/26/2015 ® 10:52 AM Approved 8/27/2015 ® 11:34 AM Page 113 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ( FRDAP) GRANT ON BEHALF OF THE CITY OF BOYNTON BEACH FOR FUNDING TOWARDS DEVELOPMENT OF CONGRESS AVENUE COMMUNITY PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2014, the Recreation and Parks Department applied for a FRDAP Grant to help fund the Congress Avenue Barrier -Free Park improvements and Tennis Center renovations, but was not awarded funding; and WHEREAS, in a continuing effort to complete the development of the Congress Avenue Barrier -Free Park, staff is re- applying for this grant in the amount of $50,000.00 that will, in part, fund the purchase and installation of the premier playground element of the park which will be accessible by wheelchair or walker and offer new opportunities for children of all ages and abilities; and WHEREAS, this grant does not require a cash match; and WHEREAS, the Florida Department of Environmental Protection administers FRDAP; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to approve the City Manager apply for and authorizing her to sign all agreements and documents associated with the Florida Recreation Development Assistance Program ( FRDAP) grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \OA93CE12 -DA11- 4595- AA67- 9 13 73 9792F36 \Boynton Beach.1802.1.FRDAP Grant Agmt (2015)_- _Reso.doc Page 114 of 561 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 30 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 31 Section 2. The City Commission hereby authorizes the City Manager to apply for and 32 sign all agreements and documents associated with the Florida Recreation Development Assistance 33 Program (FRDAP) grant on behalf of the City of Boynton Beach for funding towards development 34 of Congress Avenue Barrier Free Park. 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2015. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86)A neevia. com\ docConverterPro Atemp \NVDC \OA93CE12 -DA11- 4595- AA67- 9 13 73 9792F36 \Boynton Beach.1802.1.FRDAP Grant Agmt (2015)_- _Reso.doc Page 115 of 561 City of Boynton Beach Congress Avenue Barrier -Free Park Florida Recreation Development Assistance Program 2016-2017 Project Applicant Wally Majors, Director Recreation & Parks Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742 -6255 Page 116 of 561 A.UJW NEMOV tm 1; PROUR GRANT APPLICATION PACKAGE z J1 I ; ' I I 1 11 PART I — GENERAL INFORMATION (DEP USE ONLY) Postmarked: Application Number: A. Name of Applicant: City of Boynton Beach B. Federal Employer Identification Number:** 59-6000282 **(This number must be registered at My Florida Market Place with the address the warrant will be forwarded) C. Population: 71,608 D. Current Operating Budget: $186.6M (This is the operating budget for the city, county or special district, and not just the department budget) Eq. Contact Person: Wally Majors Title: Recreation & Parks Director (The contact person is someone who will be in direct contact with DEP and be responsible for administering this grant if awarded) F. Mailing Address: 100 E. Boynton Beach Blvd. I Telephone : � 61 ) 742-6255 Zip Code: 33435 E mqJorsw@bbfl.t1 I hereby certify that the information provided. in this application is true and accurate. I fixther certify that I posse the authority to apply for this grant on behalf of the applicant. I J Signature of City or County Manager/Title Date' DRP- 106 (Effective 06-05-2015) Page I of 28 Page 117 of 561 A. Name of Project: Congress Avenue Barrier-Free Park B. Project Type (Check One): Project cannot be a combination of acquisition and development Acquisition: Development: ✓ On land owned by applicant On land currently under site control by applicant Development projects must be under site control (owned by deed, or leased or dedicated for minimum of 30 years from the date of application) by the close of the submission period ( August 14, 2015 1111111-111111 :11111�1111 11��I�1111115! III I 32= Include a copy of the site control documents (e.g., deed, lease, etc.). If providing a Quit Claim Deed, please attach a copy of a 30 year tide search or title opinion. (Tab as Exhibit 'IN") Page 2 of 28 Page 118 of 561 DM Ctreet Address: 3111 South Congress Avenue City: County: Palm Beach Zip Code: 33436 1 Longitude: 787,003 GIS Coordinates: Latitue: 9535229 d r. Submit a boundary map of the project area providing a description and sketch of the project ar& boundaries, display known easements and be legally sufficient to identify the project area. Aeri photographs are accepted as boundary maps, as long as the boundaries are identified (Vis website for example). (Tab as Exhibit "KII) 2. Submit color, on-site photographs for all three copies of your application, sufficient to depict the physical characteristics • the project area. (Tab as Exhibit I'Ll') 3. Location map and directions: Submit a detailed road map precisely locating the project site along with clear written driving instructions from the nearest federal or state highway. NOTE: Confirm that street names listed are the same as those posted on street signs in the area. Please do not use Map Quest or any other computer mapping program for this. (Tab as Exhibit I'M") D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: This should be the Florida Senate and Florida House district in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) Senator Maria Lorts Sachs 34 ♦ ' - 'tate Senator: Senate District Number: State Representative: Representative Iry Slosberg I House District Number. 91 E. TOTAL NUMBER OF ACRES BEING ACQUIRED OR TOTAL NUMBER OF ACRES BEING DEVELOPED:4 DRP-106 (Effective 06-05-2015) Page 3 of 28 Page 119 of 561 I I - - sell - a (a) Provide a description of the proposed project which includes existing and future uses, existing and proposed physical improvements, natural and historical resources, any proposed resource protection/conservation and any existing buildings on site. Please see Exhibit P - Physical Characteristics (e) Indicate if there is public access to the park either through an existing street or 77 �M i � Describe Public Access: Please see Exhibit P - Public Access IMIR"M (If additional room needed - Tab as Exhibit "P 2) For Acquisition Prej ts: (in addition to the above information) (a) If the proposed project consists of acquiring multiple parcels or from multiple owners, identify specific order in which the parcels will be acquired to ensure that in the event that all parcels cannot be acquired, the purposes of the project can be achieved. Also address the ability to have public access to the park either through an existing street or easement. Not applicable - this is a development project. (If additional room needed - Tab as Exhibit "P") DRP-106 (Effective 06-05-2015) Page 4 of 28 Page 120 of 561 GRANT MATCH RATinS- (R ACPA nn the ornnt ran of 4 0nn Mm Project Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% rroject Lost = ;�-taie snare -t- tirantee Nnare Refer to Chapter 62D- 5.055(4), F.A.C. for complete information on match requirements and match types. The Total Project Cost (Line F) must equal the grant request (Line A) plus the total local match (Line E). This figure (Line F) should not total more than $400,000 for the purpose of this application. A. FRDAP Funds Requested (State Share) Line A $ 50,000.00 B. Local Funds Available: (Grantee Share) 1. Cash: Line B $ 0.00 2. In -Kind: Line C $ 0.00 3. Land Value: Line D $ 0.00 If property is developed, land value CANNOT be used as a match. Total Local Match: Line E $ 0.00 Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ 50,000.00 Sum of Lines A and E (Should not total more than $400,000) (If approved for REDI Match Waiver, fill out REDI Waiver Form located under FRDAP Administrative Forms at . e . t , . / r / ) (Tab as Exhibit " O " ) D -106 (Effective 06 -05 -2015) Page 5 of 28 Page 121 of 561 D. PROJECT WORK PLAN (CONPLETE FOR ALL PROJECTS, DEVELOPTTI: ACQUISITION): i • page 7 & 8 as attachment 1, list the project Work Plan for the elements for this application. The Project elements are listed with the related tasks and deliverables. Primary elements and support vnldI'�e listed anifelm. Use as w,.? nroject elements and tasks needed to complete the Is 1 -1 M L 10110MELM SM1 1M III IIII iiiiiiiiiiii�!!! IN III ",I • (Tab as Exhibit "H DRP-106 (Effective 06-05-2015) Page 6 of 28 Page 122 of 561 ATTACHMENT 1 I all o Amount of Costs An' e t of Costs Deliverables and Documentation To to be Paid with to be Paid with BiSubmitted Upon Completion Grant Funds Grantee Match And Before Reimbursement Can Be A e e ro�4 (List each Primary yroiect Provide Budget Provide Budget element) Detail Detail Multi-Station Accessible $43,000 0 Playground I Picnic Facilities DRP-106 (Effective 06-05-2015) $5,000 0 Florida Recreation and Parks $2,000 0 Color Photographs of Project Notice of Limitation of Use Page 7 of 28 Page 123 of 561 Lim - , a I TOTALS: 1 50,000.00 Performance Standard: Approval of deliverables is based upon review for compliance with the requirements for funding under the Florida Recreation Development Assistance Program (FRDAP); approved plans and application approved for fixuding. DRP- 106 (Effective 06-05-2015) Page 124 of 561 DELIVERABLES/ELEMENTS/WORK TO BE COMPLETED: Identify ALL elements that will be completed under this Agreement. MATCH AMOUNT TO BE CLAIMED: The same level of detail must be provided for match as for c I 111111 cly ON ill DRP-106 (Effective 06-05-2015) Page 9 of 28 Page 125 of 561 Rf XNAMOBVI'llit J A. Is the proposed project identified, in whole • in part, in the applicant's capital improvement plan schedule during the current or next three (3) fiscal years? i Provide: 1) A letter from the agency's city or county manager certifying the five year capital improvement schedule is officially adopted and date adopted. Project will not receive points if letter is not submitted and does not state the date CI P was adopted. W.W-TIM =6 To I JNXIU� SLaU1aj;—PF1JM;L 01 MUM, kLFJ[J+!1 LWIL J'MF YKIELCLS A ; IML fflo I R ?s capital improvement schedules) Please highlight project name, amount and year. (20 points) Rl- Yes 1:1 No 1' IM I - I N I t l 1 6311va 118(sir. is ly.)II421 11;ol &W. In 11r. NON$ 010) of - 4 • 1 0900-1 • I EMM =-- M !gj fill MMM I I E�Mol I I I I I cannot be older than 3 -Y ars. ■ Yes 1:1 • Wiff= (Tab as Exhibit "All) A. Explain how the proposed project would address one or more of the issues or goals identified in the] State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATION IN FL 0 t 2008 (Chapter 6 & 7). Provide quotations or other appropriate references with explanations 0 e pro justify the correlation. To receive points, must give a detailed explanation as to how t1h _ Jec mee the goals, cannot only li�t the goals. I [84 DRP- 106 (Effective 06-05-2015) (Tab as Exhibit "B") (4 points) Page 10 of 28 Page 126 of 561 '"SM OF M DRP-106 (Effective 06-05-2015) Page 11 of 28 Page 127 of 561 =Xl Outdoor Swimming Pool Use * Picnicking * Football * Baseball or Softball * Saltwater Beach Activities * Outdoor Tennis * Golf * Outdoor Basketball * Saltwater Non-Boat Fishing * RV / Trailer Camping F14 DRP-106 (Effective 06-05-2015) Page 12 of 28 Page 128 of 561 DRP -106 (Effective 06 -05 -2015) Page 13 of 28 Page 129 of 561 Capability to develop, operate and maintain the project site: (Check ONLY one): OF MIWFH�47 UZIML Ll —ayes _allo (Tab as Exhibit "E") (3 points) The project provides for increased trail access by connecting an existing, publicly owned and designated recreational trail which is outside the project boundary. Indicate on the site plan the project trail/connection and name and location of existing trail(s) outside the boundaries. 15 ■ (Tab as Exhibit "G") (5 points) DRP-106 (Effective 06-05-2015) Page 14 of 28 Page 130 of 561 1 0 1 ma Won V 19 irWrIMPITMIMIRIM (Tab as Exhibit " ") (5 points, if undeveloped) 1, .> DRP -106 (Effective 06 -05 -2015) Page 15 of 28 Page 131 of 561 Popul . ation Density 1— Population Under 10,000 Rank 1 Construction Rank 2 Renovation Population Density 2 — Population 10,000 to 24,999 Rank 1 Renovation Rank 2 Construction Population Dens ity 3 — Population 25,000 to 49,999 Rank 1 Construction Rank 2 Renovation. Population Density 4 — Population 50,000 to 99,999 Ran Construction Rank 2 Renovation Population Density 5 — Population 100,000 and Rank 1 Renovation Over Rank 2 Construction Source: The 1995 Infrastructure Assessrhent of Local Government Recreation and Park Department Facility Needs in the State of Florida DRP-106 (Effective 06-05-2015) Page 16 of 28 Page 132 of 561 I =W �,1 OR 6y.1 Ili "is 01 DIV.1 I'll Nei I DION 0 MAN 1919 IS DI Of 113 108 V g I D23 V.1 I DRIJ a 01 WFE11 "I 10 M4 M= le4:m adopted local comprehensive plan. Provide the following: A. ONeeded acres/Person and OTotal Acreage Under Local Control B. Provide excerpts of the applicant's local comprehensive plan as supporting back-up documentation ant highlight the information that pertains to this section. (Tab as Exhibit ' (15 points) 3=1 DRP-106 (Effective 06-05-2015) Page 17 of 28 Page 133 of 561 (CIP) or schedule during the current ornext three (3) fiscal years? 1). Provide: a letter from the agency's city • county manager certifying the five year capital improvement schedule is officially adopted and date adopted. Project will not receive points if letter is not submitted and does not state the date CIP was adopted. MIDTAM I I I - I I , I , ITEM I 9 1 WRIMIF MrMITO-16 Note] .1;Q MWAM I Lill Ito a I@ glog) rkx4 6) togi Iro 14 1 0 to I Ito Provide: a copy of a fully executed resolution amending the existing schedule to include the development of the proposed project. The resolution must clearly indicate the development of the proposed project by name, year and amount and cannot be older t11 aR3_Lears. E= (Tab as Exhibit "A") DRP-106 (Effective 06-05-2015) Page 18 of 28 Page 134 of 561 I 1 0 MI MOO DMA Explain how the proposed project would address one or more issues or goals as identified in th Florida Greenways and Trails System Plan. Use "Florida Greenways and Trails System Plan— 2013-2017". Provide quotations or other appropriate references to justify the correlation. Use a separate sheet if necessary. (Tab as Exhibit "HII) (6 points) DRP-106 (Effective 06-05-2015) Page 19 of 28 Page 135 of 561 The project is located on • connects with a State of Florida designated greenway or trail. a II;M U I I �FZTUMI IMs a iAWI FrWiTo Ino TI, RTIMMITI, u�M (Tab as Exhibit "1") (3 points) W TM YCO local govenunental entity. Provide quotations or appropriate references with explanations to justify correlation. Enclose a copy of the regional or local governmental adopted Greenway Plan. (Tab as Exhibit "J") (4 points' •r , 1 0 ^ DRP-106 (Effective 06-05-2015) Page 20 of 28 Page 136 of 561 WWUN Does the specific trail design demonstrate that the project will support: Mixed use recreational trail opportunities, either motorized or non-motorized, or both? -L-1—yes No (8 points) Single use recreational trail opportunities? —ayes _allo (6 points) U a] ir.1 A guy I 310V a 71 1 10 1 In V 6100 DO of 1 J K 10nSILJUS SUL 10FL1I In We SIL07 ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority firriding need ranking the project ralls. (Check ONLY one): Highest riori ty Funding Need (13 points) Second Highest Priority Funding Need (8 points) Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida DRP-106 (Effective 06-05-2015) Page 21 of 28 Page 137 of 561 Part III — Supporting Documents POPULATION DENSITIES Outdoor Facility Needs Ranked by Priority Index: Population Density 1 Rank Renovation Construction Golf Courses 1 23 Facility Points Facili Points 24 1 Playgrounds 6 Baseball Fields 6 Cluster I 2 Support Facilities 5 Softball Fields 5 3 Tennis Courts 5 Playgrounds 5 Cluster H 4 Rest Rooms 5 Rest Rooms 5 5 Picnic Facilities 4 Support Facilities 4 6 Baseball Fields 4 Soccer Fields 4 7 Basketball Courts 4 Basketball Courts 4 Cluster III 8 Softball Fields 4 Bike Trails 4 9 Swimming Pools 4 Swimming Pools 4 10 Boating Facilities 4 Tennis Courts 4 11 Fishing Piers 3 Picnic Facilities 3 12 Camping 3 Handball Courts 3 13 Handball Courts 3 Fishing Piers 3 Cluster IV 14 Football Fields 3 Football Fields 3 15 Soccer Fields 3 Boating Facilities 3 16 Beach Access 2 Exercise Trails 2 17 Historical Facilities 2 Camping 2 18 Shuffleboard Courts 2 Beach Access 2 Cluster V 19 Nature Trails 2 Historical Facilities 2 20 Other 2 Shuffleboard Courts 2 21 Golf Courses 2 Natu Trails 2 22 Bike Trails 1 Golf Courses 1 23 Exercise Trails 1 Hiking Trails 1 Cluster VI 24 Hiking Trails 1 Horse Trails 1 25 Horse Trails 1 Other 1 Population Density 1 - Population Under 10,000 DRP -106 (Effective 06 -05 -2015) Page 22 of 28 Page 138 of 561 Outdoor Facility Needs Ranked by Priority Index: Population Density 2 Rank Renovation Construction Facility Points Facility Points 1 Rest Rooms 6 Support Facilities 6 Cluster 2 Support Facilities 6 Rest Rooms 6 3 Playgrounds 6 Playgrounds 6 4 Baseball Fields 5 Softball Fields 5 5 Tennis Courts 5 Soccer Fields 5 Cluster H 6 Softball Fields 5 Baseball Fields 5 7 Basketball Courts 4 Basketball Courts 4 8 Boating Facilities 4 Picnic Facilities 4 Cluster III 9 Swimming'Pools 4 Swimming Pools 4 10 Picnic Facilities 4 Football Fields 4 11 Soccer Fields 4 Tennis Courts 4 12 Exercise Trails 3 Handball Courts 3 13 Football Fields 3 Nature Trails 3 Cluster IV 14 Shuffleboard Courts 3 Bike .Trails 3 15 Handball Courts 2 Boating Facilities 2 16 Beach Access 2 Other 2 17 Fishing Piers 2 Exercise Trails 2 18 Camping 2 Golf Courses 2 Cluster 19 Bike Trails 2 Hiking Trails 2 20 Nature Trails 2 Fishing Piers 2 21 Other 2 Camping 2 22 Golf Courses 1 Beach Access 1 23 Hiking Trails 1 Historical Facilities 1 24 Historical Facilities 1 Horse Trails 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density2 - Population From 10,000 to 24,999 DRP -106 (Effective 06 -05 -2015) Page 23 of 28 Page 139 of 561 Outdoor Facility Needs Ranked by Priority Index: Population Density 3 Rank Renovation Construction Facili Points Facility Points 1 Rest Rooms 6 Baseball Fields 6 Cluster I 2 Playgrounds 6 Soccer Fields 6 3 Support Facilities 5 Support Facilities 5 4 Tennis Courts 5 Softball Fields 5 Cluster 5 Baseball Fields 5 Playgrounds 5 6 Basketball Courts 5 Boating Facilities 5 7 Beach Access 4 Football Fields 4 8 Swimming Pools 4 Tennis Courts 4 Cluster III 9 Soccer Fields 4 Rest Rooms 4 10 Picnic Facilities 4 Picnic Facilities 4 11 Football Fields 3 Basketball Courts 3 12 Softball Fields 3 Other 3 Cluster IV 13 Boating Facilities 3 Exercise Trails 3 14 Exercise Trails 2 Bike Trails 2 15 Handball Courts 2 Nature Trails 2 16 Other 2 Camping 2 17 Golf Courses 2 Handball Courts 2 18 Shuffleboard Courts 2 Historical Facilities 2 Cluster V 19 Fishing Piers 2 Swimming Pools 2 20 Bike Trails 2 Hiking Trails 2 21 Hiking Trails 2 Golf Courses 2 22 Nature Trails 2 Beach Access 2 23 Camping 2 Fishing Piers 2 24 Historical Facilities 1 Horse Trails 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 3 - Population From 25,000 to 49,999 DRP -106 (Effective 06 -05 -2015) Page 24 of 28 Page 140 of 561 Outdoor Facility Needs Ranked by Priority Index: Population Density 4 Rank Renovation Construction Facili Points Facility Points 1 Playgrounds 6 Soccer Fields 6 Cluster I 2 Rest Rooms 5 Playgrounds 5 3 Support Facilities 5 Picnic Facilities Cluster II 4 Tennis Courts 5 Baseball Fields 5 5 Soccer Fields 5 Support Facilities 5 6 Baseball Fields 5 Swimming Pools 5 7 Swimming Pools 4 Softball Fields 4 8 Exercise Trails 4 Basketball Courts 4 Cluster III 9 Softball Fields 4 Rest Rooms 4 10 Basketball Courts 4 Other 4 11 Handball Courts 3 Exercise Trails 3 Cluster IV 12 Picnic Facilities 3 Golf Courses 3 13 Boating Facilities 2 Tennis Courts 2 14 Beach Access 2 Boating Facilities 2 15 Fishing Piers 2 Fishing Piers 2 16 Shuffleboard Courts 2 Football Fields 2 17 Football Fields 2 Handball Courts 2 18 Golf Courses 2 Bike Trails 2 Cluster V 19 Nature Trails 2 Nature Trails 2 20 Other 2 Hiking Trails 2 21 Bike Trails 2 Horse Trails 2 22 Camping 2 Beach Access 2 23 Hiking Trails 2 Camping 24 Historical Facilities 1 Historical Facilities 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 4 - Population From 50,000 to 99,999 DRP -106 (Effective 06 -05 -2015) Page 25 of 28 Page 141 of 561 Outdoor Facility Needs Ranked by Priority Index: Population Density 5 Rank Renovation Construction Bike Trails 3 Facilit Points Facility. Points 1 Support Facilities 6 Support Facilities 6 Cluster I 2 Rest Rooms 5 Baseball Fields 5 Cluster H 3 Playgrounds 5 Playgrounds 5 4 Tennis Courts 4 Softball Fields 4 5 Swimming Pools 4 Rest Rooms 4 Cluster III 6 Boating Facilities 4 Soccer Fields 4 7 Basketball Courts 4 Picnic Facilities 4 8 Golf Courses 3 Bike Trails 3 9 Softball Fields 3 Swimming Pools 3 10 Picnic Facilities 3 Exercise Trails 3 11 Historical Facilities 3 Hiking Trails 3 Cluster IV 12 Baseball Fields 3 Other 3 13 Fishing Piers 3 Golf Courses 3 14 Exercise Trails 3 Camping 3 15 Soccer Fields 3 Beach Access 3 16 Handball Courts 2 Historical Facilities 2 17 Camping 2 Tennis Courts 2 18 Football Fields 2 Basketball Courts 2 Cluster V 19 Nature Trails 2 Boating Facilities 2 20 Beach Access 2 Fishing Piers 2 21 Bike Trails 2 Football Fields 2 22 Other 2 Nature Trails 2 23 Hiking Trails 2 Handball Courts 2 24 Horse Trails 1 Horse Trails 1 Cluster VI 25 Shuffleboard Courts 1 Shuffleboard Courts 1 Population Density 5 - Population From 100,000 & Over DRP -106 (Effective 06 -05 -2015) Page 26 of 28 Page 142 of 561 p"I I Contact Phone I E. Recreation Accessibility and Safety Program Manager, Florida Park Service F. Office of Greenways & Trails and the Florida Statewide Greenways & Trails Plan DRP-106 (Effective 06-05-2015) M90171 850/245-3051 Page 27 of 28 Page 143 of 561 ATTACHMENT APPLICATION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP,' , GRANT , VjEP Florida Recreation i i 1 Federal . and Water Conservation D -106 (Effective 06 -05 -2015) Page 28 of 28 Page 144 of 561 The City of Boynton Beacl August 11, 2015 Office • Operations Land and Recreation Grants Section NO �M U Mra M a • F&I I I Or TWU 0 0 cc irlease 1 fCfl - .r 10 pl • J L. keep in mind that this is a five-year program schedule and since our FRDAP grant application was not funded in FY2015/2016, we are re-applying for the F fiscal year; this approved project will be rolled into FY2016/2017. L tl jueTelopment Assistance f'rogram funding to assist with the Congress Avenue Barrier Free Park and Tennis Center. Please let us know if you need anything else. Sincerely, y v ,tr v dx,r Lori LaVeniere City Manager Attachments America's Gateway to the Guffistream Page 145 of 561 61 0 CITY OF BOYNTONBEACH, FLORIDA FY2014- 2015ADOPTED BUDGET FY 2014 -2015 CAPITAL IMPROVEMENT PROGRAM Project Number I PROJECT NAME FY 2014 /15 Adopted FY 2015/16 Plan FY 2016/17 Plan FY 2017/18 Plan FY 2018/19 Plan 5 Year Total RPM= Sara Sims Center - Park Furnishings 9,000 100,000 970 RP15xx Sara Sims Center- Parking Lot Resealing 20,000 100,000 20,000 RP16xx Senior Center - Flooring 90,000 38,000 38,000 RP17xx Senior Center- Patio & Awning Repairs 135,000 1 8,000 8,000 RP16xx Senior Center - Parking Lot Resurfacing 55,000 30,000 55,000 FA13xx lFire SeniorCenter - TrashCans 3,000 45,000 3,000 FA1002 lFire Tennis Ctr - Court Resurfacing/Restoration 10,000 10,000 10,000 10,000 10,000 50,000 PRP37 Tennis Ctr - Courts Ligbt Replacement 150,000 140,000 1 $ 2,395,000 1 S 180,0001S 50,000 1 150,000 Tennis Ctr - Park Furnishings 5,000 5,000 Tennis Cir - Parking Lot Resealing 9,500 9,500 Tennis Ctr - Courts Fencing 6,000 6,000 RP17xx Veterans Memorial Park - Park Furnisbings 5,000 5,000 RP15xx Wilson Park - Denson Pool Slide Replacement 80,000 80,000 RP] 6xx Wilson Park - Pool Building Roof 12,000 12,000 CP0509 Miscellaneous Srnall Parks Projects 30,000 20,000 20,000 20,000 20,000 110,000 CP0631 Parks - Furnishings (Cans, bencbes, picnic tables, etc.) 15,000 10,000 10,000 10,000 10,000 55,000 TOTAL RECREATION AND PARKS PROJECTS S 614,000 $ 895,500 $ 1,073,500 $ 413,500 $ 79,000 S 3,075,500 El 0 G01601 Citywide Public Safety Radio System 2,200,000 2,200,000 FA17xx Fire Training Site at Rolling Greco 100,000 100,000 FA16xx Fire Station 2, 4, & 5 - Kitcben Renovations 100,000 100,000 FA15xx Fire Station #2 - Air Compressor & Fill Station 90,000 90,000 FA14xx Fire Station #1 - Driveway & Bay Doors 135,000 135,000 FA17xx Fire Station 43 - Parking Lot Resealing 30,000 30,000 FA13xx lFire Station #4 - Exterior Painting 45,000 45,000 FA1002 lFire Station Maintenance & Upgrades 35,0001 50,0001 50,0001 50,0001 50,000 235,000 TOTAL PUBLIC SAFETY PROJECTS $ 170,0001$ 140,000 1 $ 2,395,000 1 S 180,0001S 50,000 1 S 2,935 CP -8 age 147 of 561 Exhibit B State Comprehensive Outdoor Recreation Plan The following are references to: Chapter 6: Outdoor Trends & Recreation Issues and Chapter 7: Implementing the Plan demonstrating that this project helps to further the statewide outdoor recreation system. I.! Improve access to recreational opportunities for persons of all ages and abilities. of Every aspect of the Congress Avenue Barrier -Free Park is designed with this in mind. The tennis facility restrooms are being renovated to be more accessible to all individuals; the park grounds are barrier -free, no curbs or steps, state of the art handicapped restrooms with an adult changing station that also provides some level of independence of the adult (we've had many compliments on this unique feature); the new accessible multi - station playground is universally designed for children and adults to have equal access to the play areas. V Improve communication, coordination and cooperation between outdoor recreation providers and the public — user groups, non - profit organizations and other private interests. of This park was designed with over 10 agencies participating in a public workshop to create a barrier -free park. Agencies who served special populations provided input that enabled the construction of Phase I and Phase II of the park. Phase III planning has also included public input to ensure community needs are met and duplication is avoided. of The City of Boynton Beach Recreation & Parks Department partners with the Greater Boynton Beach Foundation and the Realtors Association of the Palm Beaches to hold an Annual 5K Barrier -Free Walk/Run for the community. The event brings together avid runners, walkers and families with children with varying abilities. There are award categories for walkers, runners and those using wheelchairs or other mobility devices. This event brings awareness of the unique offerings of the park and brings the community closer together. 3.! Reconnecting Children and Youth to the Outdoors of Congress Avenue Barrier -Free Park was intentionally designed to include only native plant species and to represent old Florida in its natural state of scrub and wetlands; even the public art features in the park reflect the culture and history of South Florida. By adding new features and improving existing park elements, more children and adults will be drawn to the park to play and exercise outdoors, in fresh air and reconnect with nature. Page 148 of 561 Page 149 of 561 Thomas Mandler ion 0=2 0 RE LTA M it'. jfi;1NRT"T ;U ffQr, 1 0 0 , - I Ill AND1011111 T, =.- I Ms. Scantlan moved to approve the minutes. Mr. Kanter seconded the motion that unanimously passed. VANIEIM�� Page 150 of 561 MEETING MINUTES RECREATION AND PARKS ADVISORY BOARD BOYNTON BEACH, FL AUGUST 19,2013 'Nally Majors, Recreation and Parks Director, explained this grant would allow the Department to receive funding for a significant playground piece and iconic element at the Park. He noted the City was awarded a Florida Recreation Development Assistance Program (FRDAP) grant when they started the Park and Board support for this application to add additional elements was needed. Debbie Majors, Grants Coordinator for the City, was in attendance to make a presentation and explained it will also be made to the City Commission the next evening ?.s the City Commission had to approve the application. Ms. Majors explained a project of this size and scope usually requires several fundin sources and is done in phases. They had three grants totaling over $485K, but wh the economy slowed down, the City put the project on hold for one year and lost th FRDAP grant for $135,000. This equated to losing the large playground feature which they are now seeking funds. M'31 ZM01 Ito 4 .... . .... Sam When the City applied for the grant, they included many elements in the project, including the Tennis Center on the campus of the Park which made the project more. attractive. They added new elements and renovated some of the existing features. The City received a $150K grant from Palm Beach County for the swam p/splash-spray pad which is a popular feature. The new elements that would be included in the 2 Page 151 of 561 MEETING MINUTES RECREATION AND PARKS ADVISORY BOARD BOYNTON BEACH, FIL AUGUST 19,2013 grant was received, statY conducted its due diligence and spoke to the City Manager tw -nsure all were on board. z Ms. Scantlan made suggestions and corrections on the presentation which Mr. Majors noted. He commented he would read information into the record at the City Commission meeting and requested a motion to approve the grant application and support for the - troject itself. J�i Mr. Lapin moved and recommended that the Board consider it. Mr. Kanter seconded the motion that unanimously passed. F-M W- Mr. Lapin commented Hunters Run did not do a good job publicizing the event and he spoke to personnel at Hunters Run about it. He also suggested the route be changed to provide greater visibility as it goes through Hunters Run. ITIs. Stern suggested the realtors be involved. Mr. Majors clarified it is the Realtor's Association event and the Department only provides support. Without Hunters Run and the support of their staff, it could not have done well. A meeting would be held next Thursday and the presentation about the Barrier Free Park made to the Board will be made to the Hunters Run HOA. Mort] Its] to K 01 DM F; I EZ I I &M to] M41 rZ-11"VIN I I R 101 is to ED FER170.1 = 05 MOO 0 1 Mail mor-le. 2 Page 153 of 561 MEETING MINUTES RECREATION AND PARKS ADVISORY BOARD BOYNTON BEACH, FL AUGUST 19, 2013 Mr. Majors reviewed the members of the organizing committee and Greater Boynton Beach Foundation. Mr. Lapin thought the Foundation had been dormant for some time; however, Mr. Majors thought there were enough individuals there to institute positive changes. Since Vice Chair McVey is on the Board, he can provide updates. A Page 154 of 561 MEETING MINUTES RECREATION AND PARKS ADVISORY BOARD BOYNTON At this request of Chair Pierce-Roe, there was agreement to table this item to the next Page 155 of 561 MEETING FUIRUTES RECREATION AND PARKS ADVISORY BOARD BOYNTON BEACH, FL AUGUST 19,2013 rplil �Jqii�ii iMM11 a 111 @11I M I n &1;1 AM 0 4 1LzA wisrullom I I L-711 I I pi 0 • LVA I Lima �TA zffmmff��U There being no further business to come before the Board, Mr. Kanter moved to adjourn. Mr. Lapin seconded the motion that unanimously passed. The meeting was adjourned at 7:31 p.m. Catherine Cherry Minutes Specialist 090513 7 Page 156 of 561 w 4 1 . . .............. . ti 070m�i� Mr. Wally Majors, Director Sincerely, Mary Watkins, Chief Operating Offic Hunters Run Golf and Racquet Club I M 3500 Clubhouse Lane, Boynton Beach, Florida 33436-6002 Page 157 of 561 Telephone: (561) 737-2582 - Fax: (561) 369-3990 • www.huntersrun.net C.3 Monday, September 23, 2013 8:30 AM Ladies Card Room �L I 1.1 1, Approval of Minutes Board of Directors Special Board Minutes of July 22, 2013 and August 5, 2013 Nv• - �= a) FRDAP Grant Program-Barrier Free Park-Rec. & Parks Department b) Grille Room 19 Hole b) The Project Results c) Snack Shack d) New Security Company OIKR��- = MNNIIM.��i • Its .14 Page 158 of 561 CITY OF B 0 JWTON BEA CH, FL ORIDa FY 2 014-2 015 A D OPTED S UMMA R Y B UD GE E4 =2= E= M= Development Director I Communications Manager I Human Resources & Risk Management Director Assistant City Manager 7 7 CRY Clerk Grants Coordinator I Library Director Recreation Director I Golf Course Manager I Building Business Tax Planning & Zoning Economic Development I Public Art Manager I I I.T.S./G.I.S. Manager I Public Works and Engineering Director Financial Services Director IV7.1malgis� vmnry.A"M Stormwater Wastewater Re-Use Water &_ ltlgdalt Support Services Uniform Services R Page 159 of 561 CITY OF BOYNTON BEACH BUDGET YEAR 2014 -2015 ORGANIZATIONAL CHART DEPARTMENT: Recreation & Parks FUND: 001 DIVISION: Recreation DEPT. NO.: 2710 Elgt,agpgs1dgegp% mgt Dtt,l — U„ ,gdl D. pvti P q pa B" j_tt pgou )2- /561= aen lo�att PUlou. lq® si pd i sb4 No0 aen loiatt pulou Wp q' A P I S us qpo Tqt ul omu u uqP ! NPs ) ius qpo Tgt ulomu Qp q' %Atps u9Wp q' N Ps ) pu. P- )DIN Q>P dgnw�Ty..gor FS I uu u4po Tqt ulom u. Iq )/71-E' i us bgW!M Uei S.lq )2/22 -1 i b9 lMb- )21—Fl aPPm+I9 rnuset iqN i u[, W'M-s. 10 )an - F. ys. iaiE )121 , t i M P._ nq DPv.t1ry bp— yssiai E j u ugpo�M Oei s» s )211'IE!gl onq Dpv -r,,—b POnrm )/631- E' iu bgWlMU lqg T onq y95.NFe Dpv irps Ti P- yg4 E' vt n_g c )viiiai p iti of poom 9 bgpolN bWm DI jig s us WPOiT�rg s+tt PS ut og iDt ou wgt s4PO< u. O.TV It PS a mooiM9 rnu�iMtpa )%rot enl—t PUlou s )n olPgDto ooiMg mo' N uBOUx is 11(t 1iai E• s 4P. q I gt )2 cni. E q av e uIE7�u i uu egg . usr y.Igor j 1451 Euw 1 Ploo qor ' iuosx.M1es yss cuE u ogpo�M Uei s» F FS 1-du ugpo u. lq® s �)2r. 71-1got )/241 E' q Dp-tl cps T1otp— )2issiaiE 461& kyoef e!jo!d f !Sf d!Qsphsbn !Sf v&f ovf !Q oe!3823 ++Bvd pj {f e!boekyoef e!jo!d f !Sf d!Qsphsbn !Sf d ovf !Q oe!3823 Page 160 of 561 Exhibit "D" Applicant has a full -time recreation or park department staffed to provide facility development, programming and maintenance. (6 points) The Recreation Director is responsible for overseeing the design and development of the project. He will act as the Project Manager and coordinate the development of the construction documents, bidding and construction for the playground, picnic facilities and tennis court renovation. All aspects of this project will adhere to the Americans with Disabilities Act standards. Recreation and park planning and programming are handled by the Recreation Department. Park and facility maintenance is handled by the Public Works Department/ Parks & Grounds Division and Facilities Management. The Recreation Department has a Recreation Director, Recreation Manager Senior, Tennis Center Operations Administrative Associate, one part -time and one full time Recreation Leader and one part -time Park Maintenance Worker assigned to the park. They will provide hands -on programming, basic upkeep of the courts and will arrange for contractual instruction. The Public Works Department has a Director, Assistant Director and the Parks Maintenance Division has 11 full -time and five part -time employees. A crew consisting of seven to eight employees will be assigned to maintain the park on a weekly basis. As the park develops, additional personnel will be added as needed. Page 161 of 561 I * MUM 1 . 1 1 Page 162 of 561 in n*m Page 163 of 561 CV0,171gressAvenue Bamer Free Pa. ric Existing Park Features Funded mdth (LWCF) FRDAP (Proposed-201612017) Legend ; k-rapyDrivc Pla f4, f Coe. cl Funded with Trust for Public Lands Tennis jr ParkingLo Pavilion Lrghfin Pic air padlria city Boundary , �% �) Fimpms Zonp C P d Tefinis ReIrmnn, F.t D—I—nt Pt P ge 10 61 p Q D B B R S z rage i so or otD i �d . �!,; t C o ' m-lwl,ap 11,1 .%is Od", "i -i"d HO I i Q c LL + IA m C a r rt; rr. 0 rQ.1` di�CG'T�V + ON M E , MO v ' ' c) O) r M ao It o m N O oo A - C % N •- m �, t � d d d �h« i Q c LL + IA m C a r rt; rr. 0 - Uwe I ! i 1 Page 167 of 561 I X.1 Iff I wl Page 168 of 561 1 i 1 1 Page 169 of 561 Although every reasonable effort has been made to ensure the accuracy of the public information, data and graphic representations, the city of Boynton Beach cannot be UP responsible for consequences resulting from any omissions or errors contained herein. The City of Boynton Beach assumes no liability whatsoever associated with the use or ) of 561 EXHIBIT K Congress Avenue Community Park NL /ne See {wr G s ® . sz � m 4 �,3 s� W j ig 77— ��. —. " .� -0" e a n s r= ® _ k i ® �° � '.�R". • \�� ® a° `�', F� � im p �. s Ile Me w R• � ° c. to �i'`�.� ,- \. '' �:.. -" S I a � rr f Ug bA y $.7Q1 °' � -, " k `�— arc:,.• ,�` r_f_ a d a �•a� @ ' @ yy � $ ` $ y y ai��s.a - • 5 s a • <� ,9 P T 4 �� Pr ��ms a, 9s3e :x '�ng�� = i � I oo`... � -! 4 z9n, s . ` I v ! � g ` °yF�'��gi;i�� m n Page 171 of 561 Attachment L Photographs of the Project Area Multi- Station Playground and Picnic site Page 172 of 561 Tennis Courts (to be renovated) Page 173 of 561 r_ 0 �. \ \. \�( pr!"77 "I } I I tq IL a ;N Z�l !il r9 F, \ I/ w Exhibit M . U 51 Lot appr p entrance. This entrance road is Palmland Drive. You will see the tennis courts on your f eft and the park straight ahead. If lost, call the Tennis Center (561) 742-6575. Page 175 of 561 0 G o I t c2't-' Address 3111 S Congress Ave City of Boynton Beach Boynton Beach, FL 33426 Congress Avenue Barrier-Free Park NO > S sW 25th Ave r 26th Ave � ��Ir�� {�1�f4£cj� �4ti� t`t � 1 Qw - Mm '9 +. Or SW 23v d I SW 27th Ave SW 27th A 't ' rlc etoll Ln ri Oxford Ln: SW 27th': S W 27th Pt. Sw 28th SW 28th Ave yid Or Kc M ch'�'rwf Ur n I rl :2 M W Nottingham PI Landcaster Rd Page 176 of 561 I G o � sic Address 3111 8 Congress Ave Boynton Beach, FL 33426 City of Boynton Beach Page 177 of 561 OL Kids Kingdom Playground cn W11 " 7: j o Page 177 of 561 SAMUEL S. GOREN JAMESA.CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL D. . CIRULL] DELRAY BEACH OFFICE: 76 N.E. FIFTH AVENUE DELRAY BEACH, FL 33483 PHONE: (661) 276-9400 FAX: (661) 819-6659 PLEASE REPLY To FORT LAUDERDALE Ms. Linda Reeves JULIE F. KLAHR DAVID N. TOLCES JAMILA V. ALEXANDER Re: City of Boynton Beach / Opinion of Title Congress Avenue Community Park/ 3111 S Congress Avenue, Boynton Beach, Florida We have examined the Title Search Report No. 06-2007-8509 issued by Attorneys' Title Insurance Fund covering the period of time of thirty (30) years until August 2, 2007 at 11:00 P.M. inclusive ("Effective Date'), • that certain property located at 3111 South Congress Avenue, Boynton Beach, Florida, (hereinafter the "Property') and more particularly described as follows: - 1 1 11�1111 11�1,11 1 1 1 OT, -Subject to the following liens, encumbrances, and other exceptions: 119= F-070 110 Page 178 of 561 2. Recorded Lien and Judgments: 04M 3. General Exceptions: a) All assessments and taxes for the year 2007 (except for ad valorem taxes) and all subsequent years, which are not yet -due and payable.. b) Any lien • right to a lien for services, labor • material heretofore or hereafter fin imposed • law and not shown • the public records. c) Any encroachments, casements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would show. d) Rights or claims of parties in possession not shown by the public records. e) Roads, ways, streams or easements, if any, not shown by the public records, riparian rights and the title to any filled-in lands.. f) Any lien provided by County Ordinance or by Chapter 159, Florid.? Statutes, in favor of any city, town, village or port authority for unpaid 'service charges for services by any water systems, sewer systems or gas systems serving the land described h erein; and any lien for waste fees in favor • any county • municipality. 4. Special Exceptions: a) Right of Way Deed recorded in Official Records Book 4975, Page 1879 - of the Public Records • Palm Beach County, Florida. b) Utility Easement granted to Florida Power & Light Company record-F-I in Official Records Book 2407, Page 1288 • the Public Records • Palm Beach County, Florida. c) Utility Easement granted to the City • Boynton Beach recorded in Official Records Book 2823, Page 1340 • the Public Records of Palm Beach County, Florida. None of the exceptions listed above will restrict the use of the Property for the purposes' set forth in the , [water and sewer agreement, assignment, warranty deed, easement, covenant and unity of title, as applicable]. MM Page 179 of 561 The undersigned farther certify that we are attorneys duly admitted to practice in the State of Florida, and members in good standing of The Florida Bar. Respectfully submitted, Enclosures: 3 of 4 Page 180 of 561 'oil I a W-41 as 'IA I w a relo H:\2007\OOAB\Real Estate\Opinion of Title - O&EkOpinion of Title - BB.doc EM Page 181 of 561 Fund File Number; 06- 2007 -8509 Effective Date of Fund approved base title information: January 1, 1971 Effective Date of Search: August 2, 2007 at 11.00 PM Apparent Title Vested in: City of Boynton Beach Description of real property to be insured/foreclosed situated in Palm Beach County, Florida Beginning for the same at a point distance (1) South 00 °33' 16" West 785.37 feet and (2) South 88 °46'47" West 53.03 feet from the Northeast corner of Section 6, Township 46 South, Range 43 East, said point also lying in the Southerly right-of-way line of West Chapel Hill Road and the Westerly rightLof- -way line of Congress Avenue and being'the Northeast comer of the parcel hereinafter described, and running thence with part of said Congress Avenue (1) South 00 °33'16" West 996.81 feet to a point; thence leaving said right -of -way line (2) North 84'57'14" West 528.39 feet to a point; thence. (3) south 79°46'47" West 401.87 feet to a point; thence (4) North 00 0 33'16" East 1002.00 feet to a point in the Southerly ri ght -of= way line of West Chapel Hill Road; thence with part of said right -of -way line (5) North 88 °46'47" East 922.00 feet to the place of beg' g. Warranty Deed from Joseph Gola, Jr., individually and as Trustee, Mary Ann Gala, Francis K. Buckley, individually and as Trustee, Jean C. Buckley to Palm Land Development Corp., a Florida corporation, recorded December 4, 1972, in O.R. Book 2087, Page 1647, Public Records of Palm Beach County, Florida. 2. Quit Claim Deed from Joseph Gola, Jr., individually and as Trustee, Mary Ann Gola, Francis K. Buckley, individually and as Trustee, Jean C. Buckley to Palm Land Development Corp., a Florida corporation, recorded December 4, 1972, in O.R. Book 2087, Page 1649, Public Records of Palm Beach County, Florida. Warranty Deed from Palm Land Development Corp., a Florida corporation to City of Boynton Beach, recorded December 7, 1972, in O.R. Book 2090, Page 509, Public Records of Palm Beach County, Florida. 4. Quit Claim Deed from Lake Worth Drainage District to Palm Land Development Corp., a Florida corporation, recorded June 9, 1973, in O.R. Book 2175, Page 933, Public Records of Palm Beach County, Florida. Mortgages, Assignments and Modifications: None Page 2 of 4 Page 182 of 561 Fund File Number: 06- 2007 -8509 Right of Way Deed recorded in O.R. Book 4975, Page 1879, Public Records of Palm Beach County, Florida. 2. Easement recorded in O.R. Book 2407, Page 1288, Public Records of Pahn Beach County, Florida. 3. Easement Grant recorded in OK Book 2823, Page 1340, Public Records of Palm Beach County, Florida. Other Encumb g' Proposed Purchaser/Mortgagor. N/A The name of the proposed purchaser /mortgagor was searched for the past twenty years for unsatisfied judgments and tax liens (state, federal and other liens for the recovery of money) and personal names were checked for unrestored incompetency and for guardianship proceedings The following matters appeared of record and copies are attached for evaluation by the agent. N/A STANDARD EXCEPTIONS Unless satisfactory evidence is presented tv the agent eliminating.the need for standard exceptions, the following should be made apart of any commitment or policy. 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2 Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4 Easements or claims of easements not shown by the public records Page 3 of 4 Page 183 of 561 Fund File Number: 06- 2007 -8509 5. Any lien, or right to alien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by theState of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands 7. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq.., F.S, and Sec 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate;' and (b) Pursuant to Sec 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals ( Note : Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201,-d' seq., F.S.) 8. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority, for unpaid service charges for services by anywater systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. This report does not cover matters filed in the Federal District Courts of Florida EXCEPT FOR BANKRUPTCYPROCEEDINGSfIed prior to October 7,1984, when the property lies in either DADE, DUVAL, HILLSBOROUGH, LEON OR ORANGE COUNTY. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the &s pendens to assure that all necessary and proper parties are joined Consideration should be given to joining as defendants any persons in possession, other than the record owner, and any parties, other than those.named herein, known to the plaintiff or the plaintiffs attorney and. having or claiming an interest in the property. Prior to issuance of any policy of We insurance•underwritten by the Company, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording date(s) of the instruments) on which the.policy is based If this product is not used for the purpose of issuing a Fund policy, then the maximum liability for incorrect information is $1,000. Note: The FundAgent is responsible for obtaining underwriting approval on any commitment prepared from this product in the amount of $3,000,000.00 or more. Page 4 of 4 Page 184 of 561 r FORM 23 WARRANTY E6m _ • - -• ••• ' • -_ _ . •_-- sROwwRO•tOUWY YITL9 CO D j r V da ' Made Baia -..' Z8th ' , day ®f rrovr, ' d. D. 1,972 _ r tur Joae Gola, Nr.,• individually and as'Trugee, joined by:hie wife L 1) 1l iy •Aria Cola and. Fr"anci ckleq, individually d as Trustee, joiaed & by, hi wi£e Je'u C. Buckley ai txeg Z PALM LAND DLMDPMM CORP, a Florida corporation. e ddress is- '29355 Kingman Rd ¢S W Ave.Lei City, o e a GPDun* of Drowadrd td L7ee St Florida par&, , - of the econ part, . itn C i o that the•said paarties of the )Trig part, joi and in consideration, . of the curia of TEN DOI.LARS'and other good and valuable,considerations , ® to them in !sand paid b�/ the said kart�y of the second part, the, ryceipt .. - a .: 'whereof is hereby acknowledfed, they $ranted, bprfained and sgld tv laic 6 $ . said - party of the second part, theft heirs and GOSI&a forever, the fallowinf described land, •situate,• lyinj and - beinj in' the County of VI Palm BeacA ,State Of Florida, to _wit. `• All of- Section 6, Township 46'South, Range'43 Bast, Palm Beach County, Flor ida, l ose the East 53 f esi th ereof_. and ' All of the East half of Section 1, Township 46 Sout:4, a•i1 t, li Beach County, Florida,'loan the Northeaerrl /4 of t`•- •Northeest lt4 ' ' the Northeast 1/4 thereof, and less.thc $9e2t'1 /21va 6he Southwaec 1/4 of the Southeest 1/4 of�he Southeast 114 thereof. and -less the Vest 1/2 i of the Southeast,1/4 of the Soirthwest 114 of t'he,Southeast 1/4 :thereof ;,. M tnessea as to the BuakleyOF XJW"M ty► of PALM H I HEREMY CERTIFY, That on this day perraxa4 zppeamd before e, an officer duty authorized to administer oaths and take ackn j ta, Joseph Co la, Jr., individually and as Trustee and Mary Mn cola, his wife N ek era ON Kf d f. v -. �� .? a .:t •. -o •�� ,�: d s jo rejoln j deed,, and -_ _ ® _ - - -- - - a oug before me that' aced the some freelif and volunt for the purposes therein expressed. -, . B my hand and oot ekd seat at Palm Beach , and State of MO W We 29th November , A. D. 19 72 - us• . Won i UK an as ft s% oitary Public .' o rxau.r�su .. a�tsuc►iva�r ... - �..-.. ) 3.6 is i 0 P. Page 185 of 561 STATE - OF F I&& COTINTY OF Bk(*ARb ., •I BEREBY+CERTIFa' that on this . ��. day. of Novbmber A.D. 1972, before ' ' • me oer "FR ATiG TS K. BUCK LEY ` a &,Thistee ind joined 1ay his wife, .TFAN C.. BUCKLEY, tome Well known and known.;to me to be the Individuals described in and executed the_foregoYng deed, and they. .- I -. x* ed od W or -e-me that -they executed •s _theame.freellr_and voluntarily for the purpose's therein expressed. `WITNESS my hand and official seal at- Sort I.duderdale, County of Broward, -C o Florida. is JI ki -Nbtaiy Public! dtate of ar'lda �'ca i�`•. - - My c ommis s ion expires julk 22, 1973 ............... .. ......... •• .......... . }........ •. i•i .. ^ ....... ;.. -. FU0RID A 3 A IDR 1�. 0RIDA Q R4 0A 0R10A y _ STATE o� D 'ICIRE A p{3�1fle.LliT $�1�4H. A_Y_ 2? TAX Ti Ah 4P' • ?_4l - � � •AXItAMP TR�,Y,i.4l:RP r NAX f�IYE_ TAX QEPT. or HEYENUE :,{ :. r '� oec.rn 0 - I 9.'0 0 910' 0 U:9 9.0 = 0 9 9s9: O 9 if 0 toga& • .. ............................... ..... .,r. ...... ................... : r.:•• _ a � . o� Ric I<=l O O ORIOAOFrID ORIDA .• . d`. TAM TAX AMPOrA?: ?A;:TA: ?: ° TE.X TA TAX OEP f.'Or -AEV °NILE 1 '•' — _' ]f i" - s.. t• °,., a. Ps' - DEC - 4 'fi 9'S9.0d: 099:;00'x`3- 9.0b`9S9.Oa�:998: 0`! 959 98A.00 Y T � \, .... .s T Il1P :TAX? "�,:'_ TAX ti �'Oru�c!�rAii. OEPT;. EYENU� ca J' 4M —{ 00(, UMENTAIIYCIJMENTARrCUMiNfAFY )CUWiENTAR'(CIJMFNTAk1 c6 �ENTA..ki SURTA)bURTAJS•URiTAkS�JRTA URTj1XSURTAKI r - } j FLQRI A , 11,E ' - V. A tt 4. � 9 9. 0 0 9.:,9;5 0 0 9 9"�._0 9 0. Q 0 • ' aV � Y .7. 40' g �: "Y.0 �. .. • ° ..- f[YU17i 10579 - ., .........s. .. - ... ........ ........ ................ .. iT _. . .10208 i .M.E.1G48 bo dd To II b a got MrNWd - ��; rill W4, via. �. jo1D 80kVnA 4 r , ' . ;e • -• • - -- - -- - ---- -- •�.• ...:._ --- Page 186 of 561 ST COPY, rai ww„ �nr er. ret teary. :as 1`� iN ' +o This tnSInrmmt V;" prtpied by -• -- - . —. --•-M - –.- ``�3►Le=cid-L. Spangler, Jr. BRW.VARD CDURTY IIRL ;R=: 1 43Y N 1 ~ 2 ;20 Dahi,:.d ra:L LlOch m ®. to Fort (zW 'dale F::rr®a inewert to the issuame o4 a titlr inNr R .0 ®7 .e.0 wer,re m, slr•.L oa6 eae powa w...(m+.r. ra. w: o/. p,aw we.0 wrf..t. .0 em&7, set rT wd. r. am., - w• sisaa,sl6ra•.lt rw ti W h w.a.�.ur r,rn +,41atif thix 28th day of November R D. 1972 Between Joseph Cola, Jr., 4nei-;Mually and as Trustee jointed cy his wife Mary Ann Gola; Francis K. Buckley, individually and as Trustee, joined by his wife Jean C. Buckley I - .e Ar - r • ., 1i0TART PIjBLJC, STRTE iTl " �• Yr : G . t MV-COMM EMBES JUNE, 24, 203 i ' " YOHDED 1WNi•ftfB BI. ®IfSFFilIORBI -, 3036' i �• party of the ,•RratPar" and PALM LAND''DEVELOMM CORP-., a Florida corporation Whosw address is: 29355 Y.i.ngman 1',d. (S.W.152nd Ave. Leisure City,rIa.3 — :. $� , –of- the County of and .State of Florida party of the second Fart, W that the scaial party of the first part, for and in consideraan of the slam of TE•m LABS and other good and valuable considerations in hand paid by the 4raid party opae second part, the receipt wheraof is herbhy acknoul- ed e'd, has remised, released and quitclaimed and by these presents does renzlse,' refe dnd quitelaim unto Mx-said party of the second part all the right, title, interest claim and deMand which the said- party of - the'f mi part has in and to the following described tot , piece -or parcel of land situate lying and bein j in the County of - Palm Basch. Sta't pf Aorzda, to wig:' All of Sectiaq 6, Township •46, South, Range -. 43 -fast, Palm Beach - County; Florida, - LESS the East'53.0 feet thereof AND the East 1/2 of Ser-tion 1, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS the following described parcels: , 1) The West 1/2 of the Southwest 1/4 of the Southweat'l /G of the Southeast 1/4 c•E said Section 1. * 2) The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 1. - Page 187 of 561 BEST COPY 6; thence • run South 0 0 33 1 16" West along a 11ne 53 feet West of and parallel to the East line of said Seotlon•6 a distance of 5643,93 feet,. to a point of interaection with the South line of said Section '6; tbange ° 39`15 "' Neat aloni Le South - Section 6; also being the Southeast corner of said Section lj 46 South, Range 42 East, Palm Beach Couhty, thince'North 87 ° 4 , est - along the South• line of said Section 1 a distance :,f 1650.59 feet; thence North 0 ° 11'57" East a distance of 680.22 feet; thence North 87 ° 52'15" West a distance of 331.24 feet; thence South 0 West a distance of 679.39 feet to a poitjC-'of intersection with the South lirie.4 said Section l; thence North 87 0 42'45" West along the.Sough- _- ._ ftne -of - said_8ettion -I, - a- distance 8f .330.12 -feet; thence North '0 ° 00'•13" East a _. de of:'618:48 c�ce` •forth '87 ° 52 i 'T5'.' "�Teet�a' iataiice of 331':2$ "'feef7Eo's point of Intersection wIt"h the West :line of the East l/ of said Section 1; thence SortH 0 West along the West line of the East 1/2 `o.f said Section la distance ' ofL +tA3.29 feet to the Northwest corner of said Eqst 1/2 of said Section 1;-thence �Sa A4r88457fA6_ ". hest - along -the North line' of said Section 1 a distance of 2714.-03 ' f eet - to. •the No rtheast corner of said Sec tion- 1, 'also being the Point of Beginning. ' _ .. _ FLORIDA - ew .�...� COUNTY.OF •BRowmr) r` ' ' I HERESY C=ffrthat !X� �O day of November k. D 1972, befog 1< we •person , , �3fi3i5i$04IiY, 'his wife, LEAN C ,BUC!; ,. •tn me ell 'known and known to me t be the _ Individuals described •in and who executed the foregoing deed, and "they —�� a�Xnowlfidyed before me the fr eely an d voluntarily : e p et eitp[I3sse . - _ ' WLT1PS my hand and o iciaLsoal at Fort Lauderdale, County of Broward, % ';i ... Nota}y Public, State-of Fl I ''� -,::,. "'• My commission expires j' W22, 1973 r} 'N• -ST �1 E oF• •FL RRI i ,. ' � QOCt11�ENTAIiY I a� aocu!►� N7aDr sTA P `' SURTAX 10 y '7 DEPT,'GF:NEWENUE T.A � . _ .� FLORI �" o, PR = DEC•4'.R_ _ �, 0: 3 Q,� s'" sFr. DEG -f72 L �. 5 _ti• r PAR KIEPLU lot. TO •� 36{a� Iw o DNS 2087 r!c_ 1050 _ .. '.... Page 188 of 561 t' - WABP4Nr, DECD - RAMGO 'FORM 30:5 • •iar car.a�mer •a ca.,a.r•iar+ - . ' ' • • ..: i }+ , / .. -o -y7 • .' ME a wry- r.... /�B IV b - •a 40 r. °f:. -. o-ct o]:1er n=#. 2 3 .a • - .• BET�'�ES-�S DESlELOPMNT'COR•P. i - • ' •,� �� — : r ' ; _ _ ,• _ -- •--- •--- -• . s roYpnration' • . - . . ` e? -- .exishft under L _... F _ jrk�$ta ;oj RlOrlda �` '- herring ifa.prindpa plara.oj� _ �gainpsr in rrl County of , • ; Dade -� • and'Stat oJ. Florida . : "� ?ild 1 44'J4uc&&i - ,pd It lreilaatf btiaiAlls in . .,�are'O1 TLO a3 pOltY of •♦ire , rlt ' Pori: • Qijd • . C12Y OF BbYN dO `H ZFI . LZ)RIDA'; a iauriicipa1i•._. �: ' gt vor`pt»ation existing and* IMF 4" 61 1/., Stine ej•• Florida ___+ __;�karinj� ira ArWt�iPa! Plain.'bj'bugitr�a•in•fha. Ll J P Be$C ett'd Stere,oj lox 4.04 _ „� `;12'0 1Q "� - '21sz]►�r2avr_" (PsG:B'riot 31'0.) �o l Y t n � t � on:Beac}i - 11 Flcrida'33435 •and - kuluili afll h orized Wiraamct- buin in. thr .4lWe,Af' .pare f•fRe prix!.. - . - R'IT ,TJeat.J(Yej-O;xLfu►[j!_;4:tke: `p°ir: jut o!id'.In , o idgm ii A ' inin' ol,. - 'G it :'PEN DOLLARS - ($1R.Off) 'and o*Y}eX•,goed and y l;Uaalyitlr'"nsiderat Kip,- - - *. 'to !t in. bend Aid-ihe ibl�' partr,A /, llje_ie�oni�.p°rt, ilry nFef r uhvrra i ' kL %n a_ I rri j p, J' a b w kiimrfrL p . - IMILIUM - °n , -� ' a_fTrTtnaioz i n firi•mr.' .: .: _ Joliouin ¢rsr.iltrd'lepd aiivatr; 1rihi 64 hi(ag hi the C•olrluy_ bf : Pang Seaeh' end State 61 FOR& to -1;4. 3;EGINNILIG for. �t a same- , at.a ,eo tit 'dYstaa (1) :Sowt)X 0 03316 Milt " - '• --% 7$5 ,37'Ft'. and (2'•) •5,o)tth'' a 36 -West. 3t03 ft froin the rydrth -,• ,. -:, .. ,__:.�ast..cora v�; �s, dp- r�r- 2tu�aisY�.A•�46:.sautti- as Eastr•..•adid -:. -_ --.r; - _ - point . also V% the = sou�tiex,Ly.;sigha:- ol- wag-llrie 'ot west chapel. ••'r , ll Roacj., and, the w s et 7X •tight - ts€ -way.. iipe ixf, congreds, AVe0ite and • the' iiorttteast; dorner -of the -Tpa qel - hereiraafter 'des r _aging runiing ,th4iice'4/iiiih -hart 'of said_,Co ea 1�Veaiu� '(1) $oath - 00;33•'16'' • " 4 ' ' _West - _56,.81 ,ft_ to,, pa int - t trerice lea\inq sa5;:d�rght^ of waj1. E 'e� -� 84' • 44,4 ' - -,- Nartfi• 57'14''; West •62ajq to -X point; 'tmence (3) yth_ ou. - - `., '• :79.46' " Wdst - 401.8'7 eft. 'to'.i 'point',- ibe • (4) 1 b7rth 0 tt T - East 100; to a point in the` outherly;right- a -vgay ligie at + with �F tt West Chapel' Hill Roati: thence part pf • •ea d rigift -of -way line, - (5) North 69.46 -'4"' East 922.00 ft: to. Effie plaoe of begii:ning con- " — taining 21M 01.'J , acres ,of -land . so long as said'1 i•e'uae l• fol;''}ninii.cipa wtiickLshaft tnc_u a at • -oM o e• a owlrig a 'T rig, pol ice s o. , iro station, , a llbra p or fi%nicipal ant land is not, so used, it sh3 . 11• - irrtedia•te•1y-revert• and , succes'iorb .� .its and assigns Thi po ssibility o€ reverter shall expire ten years from date hereof; ' zf at - the end of ten years from date hereof _b'A*_ .� grantee has not placed the said facITMes thereon or if at any - - t - ise - d asi -sc; -a _ eY►ear pe riod fzvm dat ,hereof the �rahtec _half - - - -.Abandoned the. said public ages of said .land, then the •ftid land _ shall revert• .to_ the. gXAAtAY__.. 'phis' convey.ance- fs 'furl - he r su bject to eohditiQhs; reetricriopa And limitations of'record ind• to imb1•ic utility eaeiemettx3 "iseco$e ry - tia L _.._ _•.serve gzantor.'s._acljacent- Lards,_whic7Leaeanties : ba`-xecordsrl_,,.: on or be!ore daitnary l,, 197-. _ — �• An� f!V• eta!' PVtr a/ ehr �lll far! drrr_a hvnLUS� (u11y iarwlrat tifM 1 w 1, aril u ill 11. /A.411 the lam •arm.• a�/1lR4 t lawferi rLiMr of el4 p +rafuta rrhofnar R O , Qq ' • • - itw 111Seu•+1 . f 0.6 0.a+41413 Wjr� R1ti . • i. r° 7E Rp gtky;'• `--- : CerrrWr• p Cava?T - - .� a Ems: _ .._ _k r•_ _ ...- , mss. MIIA: I.JVM, NOPiAlit), 6AAWN 10 F i•11CN.:: _ "'�YrSir' ' y.'-' .._ • - 9+ � f tililfiitN 1tF 1�., � ' ±• '� , `•,:':,.:: h• i. .._ fix . •:;` - - = Page 189 of 561 ,a'• „ ;�tt ��tttae �htf rxe sa id p arty . at the Frse paH• has c wd t eae proients-ro be signed is .its nape by its proper ofieerr, abd its eorporate +saJ e r , attesled.by its Secre the 194@ ';'_w rear ab4ve'u ritten.' ' _- p DEVELOEl ANT CORP Arrest: - - • __� '\ ; F ” 48y ti trr, t : - Ser►rtars:- IrVing. --R 's �S�PI°e f ' i - ♦-�, Si leale'Tond delivered - W. r i \ . h' % 7 r S, • ` WN . du oj. October • ..:- 9 ore,tue r,a v 'v t — . • �. PnrilMrf' a, :S:o.'ft"rl+r*r.�asial�weil•'.• .�.•. _p s�rttsT.a�rn ' D$V£LOP OORp.' .:. , ,. _ _ _ • _ .;; .. - •;.. �la,Siar.,v • Florida „ 1• ;' _ ,- to-inr- itrittArn ro b� 111rr;parsghaXu;bv- lipnety ibc Dori•.•. - - i ; • 1 _ _ under- the Idics of. �dctd es•ltM,6= oBx `jur- - I iPS'und'prirpwrs ii' Tw7�idi ead lu"7, tc� oj�eied3Ae�e�rn�[h • n�i - rial ii•Q[ mid cviporyseTn..aed that roe- bedy{l itanrrhi�a•Ikr art;.rid dyed oJ•ioFd °' , - , f. • -- - .•w � - Q1ltBL- n v /teer ind eiff Wiiasrgl ab.: • d ' -w : v . • . . Dg d4 Corny n op�.i • - .rbc :�]'��171G•%atf / vrilraid. • •` = . : - • . *l • T ;i•• __- _-- -�', - -- -:'• ' :. .: ..� . - t+TC�at}i Publf,e; S te q. %'�,�ii�4,: •. 1!�' CQhYrl191IrOri^EiiFYlYEB r a �. -_ ..� •i w • \gorided -bY`►t t8ii " '_— �' •�..,�. _ ; : " i . DMUMEt;tJ��Y' . ;.. I - __zt � �� ri '= 9Efri: ' t • — � — fir' '�ECTR'� •• � � �. 53 � .... - _ a MN� ra pt. f�' ..• - .• +• • r . 2_ - l pig WL �'�'� -; _;�, ,• is •,. `� °,; Page 190 of 561 (f0'`'F r- .i�a• a!�s,� aw -,r % lr•`_`= "_ "fYCe �+ . .c: - "rsaM'COrM�tlo�i. .. :>s:- �i M 1_i7_f ra ari.gr: Ui T :�. , -a -eo ra � °n.exlsTifi ea@ a•1 a _��` • � - - .` = -`�"` "_.':`"�- ..:.:_ .ond. — ei+inass at Delray B88C�i lOtlda - .. It °pinp its pr(ncipal'.placy:U -fir part f n - LM - I • w oh se porfo !in a rera' is- �_ —. - 7FFf � -- A 0 � ;44rw � Ott- 1 j� 3 137Y • _ '" (W4Me,S Z iirr7ii ifie leeirs Tl"in��i1a rn'•` .W .rr.,sa' ' J:'.i_u 1 A- �. _. >• ~r•_�.._.__ . _ '_ _'____ ._��_..._. " - _-- • ' - ';':e - rPCleeeotira, Yd:alillnr•a: iedvra.sle,. 1 _ 'TT"� rivYlY slid pNnl. ylw:l r heir. ku[ eN•�IQOPH Ndd• Y "Pf a eINyA Mhrrr.. 1 _ _ . I -- - - _ •. w sd.siu q rey _ - - •_ -.__. _ t _ �� . — . � r� r hr ea11P.1 � . ' __ _ t - -s • 5 Th al Aff iafd ffral f 4 : for Arid in eomideev! •aft— _ .—in. an paid_ t .said -sees •4 ' - � _ _ = ` - -- . � . _S__ _ :. -• x : paHY, t _ _nee.lpf ur e.�w . i e y oc now ge as o►e y remlap,. r�. t,'�tfl'dra't'!yllr"eZtle. (orercaf;'c15im ; and - dth'tar►'d'To(1'k�: . 1be said / ii:r party W b. mid eoteh. f :cowl- ,g_da - reri4 _Wl p e�r_PamI of land siflrnle. lying acid being `�- -- h-flu , ounlY -a �".r gOra C _' _ _'�-cNil�ar , e r�. 8-^- a --- idrl6tFe�a.+ - �"a. I, County F1ori8a;' IaB3S"isl' r�'1 h$:aat; Pa3tn PHe2leh' -- _ „• _° wa foY'Cptigreas Avenue The East Hlalf_ {i`), of. �Sectifph'.Y;. ,$oath Ran a 42 = E Palm Beech CQp ut FI ,' S . a9t, Y�,- 4r�, 4� _ , t he._ f Qlllu g- desf�ribf9d prfap - +he best AM f _ : o f - the - Sou%hwest - wa=ter' sW P - = Quarter (SW offihi��:6otclxe ) af. the 'Saithvfea ' n- '1•� 'West° fia]:f : t 9 - cs Stbf) of th '8 4uarter . ( ? ° a the : 3 a outilwg`_ t_0varter• pf: said• :Section '1.•'• - _ •w. •�•_• _ •_•_ -e . �- •. r,,:Yf.. : try. —oaf tiv..u_�..S,Yr +ar r3'�a:••,. _ r• ssM• ..+ fT ..t.w ' _• . n ew I "�'• """ -` ' • o .- 'fillfMR -�-�• F•*'� -�•r• •sga_... " a03Z6'•� - - � •, �.. �.. :r"� :W - - —._Q SIe2��O�f�;•- Illr raa�' `;.."• :... _ ..sue •� s'togs�(i"er n,lfb-u(l� nnd'iinHUafar fkr•: oPp4rlehariz - �;k1' �-- .•lfafongYryg. or in 'aflYlfrl;�Al1Ptl[ilojn�llA._odd 4� ftale._ ! o w Iberrun�o- ' ;.' ;• � " :wewr o Il►e•aesd ltil • a rtglilP;ili �s..l leredlr.lfen, equi:Iq_ond.elaim.wLnt�: ��: (,1 0 ,: ! f P My. . 'i fl7i�r•11i'lauf.or •gWf�l,;Ro`Rhi d111y']jjp eF we. benefit and 6A00f - A NP a pareY bae oouaed dte:i Pies. Y! if, IgMR -4fs fi+1 s : — ' enls_1Q in it, nome. Ogj its corpo►Mf! not io be 6eawfo f(l �.. a �rld,'. • 0 tom+ i, T;• j f `� • ► r ±� $^°p 0 0 1 ee� thorrupto 4imUY au1 adore . the g Year In(n - C -'=:'` : M �, _ tea .. ^C -.. �� _,,,UlCE`�IOR'!!'H DF�II�11i1 •' I • ��_ r .............$.. — •SfY�'' / s'led 4rr(Ld of: _ how" IF o 0 Intl I ilaaltU .e►INIi STATE OF P -- _ It1Ys fl Oanh. lliE, COUfi�Y OF - _ ^ Isis is wAro 1 IIE11LlY CCRT1)X,Ipe(�vv IAIr dq,.4ferLlee, an �Ilieer tlWr Nrthvewd IN"rhe aid UUSIy .I.�Id uij III - ✓� li rerwnNgr ww .e.A OFiORG� 81�LTIIM.I el'Id•,J.?� H •. ..II ►.�.. t� .. a b Iw M1+ddru Nr1 Bead tort. ' Maid r 111.1 w1r , 1 -_A fn th, fm+rslef deed, rvd Ilw ctrl �yeN11r edi..lvdred ,,.eeydse Ihe_.ue le IM �. � i � . + • •� . � ..e .alvNdril► 110&r NNlhgrllr dolt 1nwd is IMee e a •••' ' h dq.ratlNS Nyd a.t thv Mr stood tbw N Ih.' Bed W•iNI��Y(�Il.n wtr�s+U o Med. ilfklsl +NI li &V Cvraif aed RUIN Inc afaaJA 1hb. r - -• Q' of � ''t� i � A 1 73 oil C2 0217.5 PaE'9M t,Largti` sieG`A/vtiY b Nr,i 'idN•' • 4 t � .. A&v NY Caftissinn expi • ., DIP, t1tpraw IItG101Lf�!, w �1L l y. iii •- �-- -_.�_, ..�.,: Page 191 of 561 ,I Hun i c i p al i t y 6RD NO: ----- - - - - -- f;OAD Right -Way warranty Deed 1 Page 192 of 561 TOGETHER withall the tenements, her editaments and appurtenances thereto belonging or in anywise appertaining. Ft I 0 1-i T — Q F — W A V TO HAVE AND TO HOLD, the same in fee simple forever. A Ft F;t W 7° Y E E hereby covenants with said grantee that N lawtully Seized of seta land In fee simple; that it has good right . - a nd lawful authority to sell and convey said land; that it hereby ully warrants the THIS DENTURE Trade this __ day of 1980 A. D. the same between __ _ The City of Boynton Beach a politic subdivision of that said the .State of Florida and having its princo pal place of business encumbrances. at 120 East - Boynton Beach Boulvard, Boynton Beach, Florida 33425 ftmmnc sey Taw Pd.t eJ0'�® Nr hereinafter called the to Palm Beach County, a political subdivision of the State of Florida, hereinafter called the grantee. neelds WITNESSETHe That the grantor, for and in consideration of the sum ® of Ten ($10.00) dollars and other valuable considerations, receipt whereof is hereby acknowledged, by these presents dues grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that' certain land situate in Palm Beach County, $A'8 11Rpt Florida, to -wits r , LP (Saeven foot additional right -of -way) Ir t n 3 � limatLifinIM In t No.8949 Soto of Florida o (� A Parcel of lead lying in the lartheast Quarter (RE 1/4) of loction �_. _ .. _.� _...� .... 8657 Lane Pine Road 6 Township 46 Beath, lanes 41 East, Pala leach, Florida, being more Palmy Beach, Florida Particularly described as the Ent sawn 971 feet of two parcels of land as described in the Palm leach Ccsnty Public Records in Official Aaord look 2090 Pages 509 and 51O and in Official Record look 2977 Page 698 Ana 649. laid tie parcels of land. are also described in Exhibit 'A' attacaed berate and hereby made a part hereof. Right -Way warranty Deed 1 Page 192 of 561 TOGETHER withall the tenements, her editaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawtully Seized of seta land In fee simple; that it has good right . - a nd lawful authority to sell and convey said land; that it hereby ully warrants the title, to said land ano will defend the same ° gainst the lawful claims of all persons whomsoever; and that said and is free of all encumbrances. . ftmmnc sey Taw Pd.t eJ0'�® Nr g intangible 4a neelds 1 5 �SIL $A'8 11Rpt This Ingtrtmont propamd r , of WdftM Typing or Printin W. Wlllam V. Flushing Registered land Surveyor Ir limatLifinIM In t No.8949 Soto of Florida Ir �_. _ .. _.� _...� .... 8657 Lane Pine Road Palmy Beach, Florida Right -Way warranty Deed 1 Page 192 of 561 • IN WITNESS WHEREOF the grantor has caused thRee Pr be emocuted in its name, and its . official seal to 13% hereunto &if ixec, by its proper officers thereunto duly authorized,the day and year first above written. Signed, i9al od and doliveria in the presence of. -- ------------ -------- Bye ----------- +1 Mayor ATTEST: -------- Ity Clark ; h A 44 e a . Z' V q -,"O'l-DRIDA F .. Y BEACH I HEREBY CERTIFY that do this day, be-Fore me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Nicholas Cassandra, well known to me to be the may.oi- of the City of Boynton Beach, Florida and Betty Boroni, well known to me to be the City Clark of said City, and they are named as gratntor In the foregoing dead and that they severally acknowledged exiecuting the same in the presence of two witnesses freely and voluntarily Linder authority duly vested in then by said City and the seal aff ixed thereto is the true 'official seal o-Z said City. Right —of —Way warranty Deed I� PJWRDER'S MEMO Laoleffity'! of Wrift. Tyong or PAaftS 10110addiarkpry in doemmat Page 193 of 561 WITNESS my hand and official seal In the County and State last aforesaid day of 1986 Notary Public X S I My Commission expires: Relay Pubfit. Siato of Raifi ply Commission rapieft hn. 1. 14!9 leaud or A-ak" FIM A rAway (Wa-V 00 La r , or Right —of —Way warranty Deed I� PJWRDER'S MEMO Laoleffity'! of Wrift. Tyong or PAaftS 10110addiarkpry in doemmat Page 193 of 561 RECORD VERIFIED PAUI BEACH COUNTY JO B. DUNKLE FLA CLERK CInCUIT COURT Page 194 of 561 MXHXIBX dc% ROAD — ----- Legal Description of two parcels of land. W79TI10% UIXTAINIM 10.00 ACES, NNE Oft LESS -4 on W1 r - or sp ID Riqht-o+ warranty Dead STATE OF FLORIDA AND COUNTY OF • Palm . Beach IN ER EBY CERTIFY th■t before me, perstrnatly appearat )ruing 1. Rubin and Albert P. Boltxi ..• - re mOdely.. -- . _ — President and .. Srecretary of PA.LMI,AND DEVELOPM N - , CORP.. a Corparat °on organises under the Laws of the State of p1DRIDA , tome known lobe the persons descnbod in and who executed the foreping inprumant. and sa04r a41V acknowledged the exaeution thermf to be their free act and dew as fresh of em, for the uses and purposes therein mentioned, ana shat they affixed thereto the official seal of said corporation and that said insrumant is the so and deaf of said eorismalron : e re•r•t..r.,,, WITNESS my hand and offiGar scat err said County andt4ke this ?-%bL—• day of March 19 75 .. t MV Cummiaion 0molrsrr: - tLQY.eMbeY .202.7 7 _,:! t '•• ; ; ;,• f :. , 1 !.% ..., — G = naV YVUeI c. F rattor.ra4�DAAT#- RGE aW0lSlom" ER.' - y o -_— ST RUT. AO. FORM 1WC nEV. f Paae 95 of 561 ® o. 96 of 561 I ; El VII 12 E - F& wel El t D � r E f C EI. :� El �:.... D : . AO El .44 J.D - V .tlr l . 44 =T I, ;* A. CORIMF.LL,,,-c -- rd FACILMLS ..&, 1 . ® B "A IL =407. rAcE1290 REMt of Wtb= I *EMQ� Too" in qw Pdai ! va , Fft UNWd qrr& 'Is= in Pa 97 of 561 ?sjcAll` T f �: 0. a.3 J , EASE14ENT GRANT .ft N _a Z + 04 In consideration of the sum of ONE DOLLAR ($1.00) in hand paid, the receipt of which is hereby acknowledged, the undersigned owner(s) hereby grant and convey to the CITY OF BOYNTON BEACH, Florida, its successors and assigns, an easement in and to the following described property for the purpose of installation and maintenance of public utilities thereon, with the express understanding'and condition that, should same ever be discontinued or abandoned for the above purposes, title to same shall revert to and revest in the said owner(s), their heirs and assignee PROPERTY DESCRIPTION Three parcels of land in Section 6, 'Township 46 South, Range 43 East, Palm Beach County, Florida. Said parcels are known as "Parcel 19 "Parcel 20" and "Parcel 24 ". Said parcels 19, 20 and 24 are more particularly described as follows: PARCEL 19 A parcel of land in Section 6, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the SE corner of said section 6; thence N 89 °39'15" W along S line of said Section 6 a distance of 53 ft. thence N 00 0 33 1 16" E along a line parallel with and 53 feet Weat of the East line of said section 6 a distance; of 110 feet to the Point of Beginning of a parcel of land hereinafter described: " thence continue N 00 6 33 1 16 11 E a distance'of 578.84 feet' thence N 89 °54 W a'distance of 1599.62 "feet; thence S 00 W a distance of 571.62•feetF thence S 89 0 39 1 15" Z along a line 110 feet North of and parallel with the -South line of said Section 6 a distance of 1599.58 feet to the Point of Beginning. !e•3o . +ss Y , 1.0 b m r P.8'�Md V i c; ;K •O cao;m PARCEL 20 A parcel of land in Section 6, Township 46 South, Range 43 East, Palm Beach County, Florida more particularly described as f611ows: Commence at the S ou theast 'corner of said Section 6; thence N 89 °39 W along South line.of Section 6, a distance of 53 ft. ' thence N 00 E along a line parallel with and 53 feet West of the East line of said section 6, a distance of 788.84 feet to the Point of Beginning of a Parcel of -land hereinafter described; thence continue N 00 °33'16" E a distance of 2032.91 feet;' thence S 89 W a distance of 710.11 feet; thence S 00 W a distance of 2024.80 feet; thence S 89 8 54 1 45" E a distance of 710 feet to the Point of Beginning. FLGR l R -M NEC 8 2 3 PAGE 13 4 0 Pa 1 ® f 3 Return: Goae Morr® P. O. eCA M Boynton Beach. FI9. Ree. . — ! o -•Ff Fla. St •• 3e Sunax Inlrng. — + -; 1 ,. 4 f Page 198 of 561 r PARCEL 24 A parcel of land in Section 6, Township 46 South, Range 43 East, Palm Beach County, Florida more particularly described as follows: Commence at the Southeast corner of said Section 6; thence N 89 °39'15" W along the South line of said Section 6, a distance of 53 feet; thence N 00 °33'16" E along a line parallel with and 53 feet West of the East line of said Section 6, a distance of 2821.75 feet to the Point of Beginning of a Parcel of land heiceinafter described; thence continue N 00 E .a distance of 1070.27 feet; thence N 84 °57'14" W a distance of 528.39 feet; thence S 79 °46'47" W a distance of 401.87 feet; thence S 16 °25'03" E a distance of 724.82 feet, thence S 00 °33'16" W a distance of 357.16 feet; thence N 89 °25!59" E a distance of "710.11 feet to the Point of Beginning. EASEMENT DESCRIPTION The West 10 feet of the East 17 feet of said Parcels 19, 20 and 24. Subject to existing easements or right -of -way of record. By the acceptance of this Easement, the City of Boynton Beach hereby agrees as follows: 1. At no time during the existence of this Easement will the City of Boynton Beach cause ingress or egress to and from the premises, of.which this easement is a part, to be substantially impaired. 2. All utilities are to be underground and no structure, equipment or apparatus shall be placed above ground level without the written consent of the parties hereto. 3. All paving, landscaping and curbing that. is damaged will be restored to the condition that existed prior to such damage; any equipment that is removed shall be re- installed to its original position and if damaged, shall be restored or replaced with new equipment. 4. After any construction has commenced in the Easement area, it shall be completed without unreasonably delay,• after which the restoration shall be completed without unreasonable delay. M C7 Vq .;� -a °o s O C cq Gj ® . m G o a 3° Oiaara BFAC H R 18 2 3 PAGE 1 34 1 Page 2 of 3 . Page 199 of 561 5. The City-of Boynton Beach 'shall indemnify the parties hereto against all claims, suits, liability and expense on account of injury or death of persons or damage. to property caused by. or arising out of or in connection with the utility construction in the Easement, and not caused or contributed to by any negligent br otherwise wrongful act or omission of the parties hereto. DATED THIS day of FEB 15 1978 , A.D., 1478 r ! _. _ ' STATE OF COUNTY OP NO Y Pu 0 of ` .T. Ww,1 My commission a �a tF5 HlCamm1z=;e�c r ® Page 3 of 3 a • Record &P01 Film Botch caudy, John B. ®uaklo GIRM ciroalE fowt Page 200 of 561 Page 201 of 561 Exhibit O Not applicable Page 202 of 561 7i w 6: i. _;.O. z 1) For Development Projects: :-hA/'(6 IL61'irsC ss#C6} A■r zj is j tst&§M6+A if .�v.�Psr �JWY� V s ■CSe■A d6k 1 1 4C64i,jifq 'fl feA■T .�Jib.�Psr Wqf 4 :Jin(sl'C6■6aeP r&Am A■Ts§# +Lj 44r� o■ A §E The Congress Avenue Barrier -Free Park is a 25 acre site and serves as a regional draw for young families through senior citizens. The purpose of the park is to create an exciting, inspiring and accessible playground and park for adults and children of all abilities to enjoy. The City has completed the first two phases of the park with special attention to maintaining a barrier -free concept throughout. The vision is to make the entire site barrier -free so people of all abilities can have access to all park amenities and features. Children with and without challenges can play together. Parents and grandparents with physical limitations can bring their children and grandchildren to the park and enjoy the amenities together. In addition to the developed areas of the site there are many natural attributes that attract visitors. There is a small pond that has native vegetation around it and a small wetland that is home to numerous wading birds and raptors inciudingherons, egrets and hawks. Awindmill was recently added to help naturally aerate the pond. There are also numerous songbirds. It is bound on the west by a large retention pond that contains fish and alligators. There are no endangered species on the site. The developed portion of the site includes 17 har -tru tennis courts and 4 hard surface tennis courts, a pro -shop, restroom with locker rooms, and 138 parking spaces. The Tennis fad lities were originally constructed in 1982. In 2010 /2011, Phase I & 11 of the park were constructed. This included an ADA accessible restroom in the park using the latest in assistive equipment, a splash pad, walking paths, swings and other amenities. In addition, a Land & Water Conservation Fund (LWCF) grant helped to complete Phase 11 of the park development. This included a small playground, trails, landscaping, a picnic pavilion and walkway lighting. In 2014 the city partnered with The Trust for Public Lands and installed a Fitness Zone for teens and adults to exercise on 17 pieces of exercise equipment (five of which are accessi bl a by wheelchair). The proposed project forthisFFDAPg isto build a large multi - station accessible playground with sensory stimulating activities for all children ages 5 -12 yrs., which will provide play and learning opportunities that currently do not exist in the park but are in high demand. In addition to the new playground, picnic tables will be added and adjacent tennis courts will be resurfaced to meet the needs of our active tennis community. Future phaseswill include atherapeutic recreation center, sculptures and art features, wetland restoration, hobby boat pond, and a sensory garden. Different biomes, such aswetlands, bamboo knolls, upland forest and cypress groves, will be created for environmental education opportunities. Open lawn space can be used for free play, picnicking, kite flying and other similar activities. Once built, the therapeutic recreation center will offer adaptive programs for people of all ages. Programmingwill include after - school programs, day camps, summer camps and other recreational opportunities. Page 203 of 561 There is public access with parking fad lit iesjust off of Charter Drive at the north end of the park property as well as access at the south end of the park via V\/>E-Public Broadcasting audios (shared use) parking lot. A Palm Tran (public bus) stop is directly east of the park pedestrian entrance off of Congress Avenue. A major segment of the Boynton Beach Greenway, Bikeway and Blueway Plan runs along Congress Avenue which leads directly into the park; bicycle parking facilities are adjacent tot he playground site. This plan is part of a larger County wide and Metropolitan Planning Organization Bicycle Facility network. Page 204 of 561 6.F. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R15 -100 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for Valerie Venegas of 450 N.E. 14th Avenue, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage to allow new charges, claims, or mortgages on a given property become the priority. The subordination agreement allows the new lender to have first position on the property, and the City to become subordinate to the new mortgage. In this case, Ms. Venegas home was repaired through the City's Rehabilitation Program in 2010. Her current mortgage is financed with BankAtlantic, FSB, with a balance of $65,928 at 5.95 %, maturing in January of 2032. Ms. Venegas wants to refinance her home with Quicken Loans, Inc., ISAOA, in an amount not to exceed $71,000 at 4.99 %. This will reduce her monthly payment by over $130.00. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect to City programs or services; Ms. Venegas is merely taking advantage of an opportunity to lower her housing costs. FISCAL IMPACT: Non - budgeted There is no fiscal impact, as the City's mortgage will retain second position. However, with today's financial climate, there is no assurance that Ms. Venegas will be able to get this rate and term with acting as soon as possible. ALTERNATIVES: Not to subordinate the mortgage. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 205 of 561 ATTACHMENTS: Type D Resolution D Agreement D Exhibit REVIEWERS: Department Community Improvement Development Finance Legal City Manager Reviewer Octavia, Sherrod Mack, Andrew Howard, Tim Swanson, Lynn LaVerriere, Lori Description Resolution approving Subordination Agreement Subordination Agreement Good Faith, Mtg. & Note Date V21/2015 - 9:29 AW V25/2015 - 1:23 P-M V25/2015 - 1:58 P-M V26/2015 Page 206 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE SUBORDINATION OF THE CITY'S MORTGAGE WITH VALERIE VENEGAS IN FAVOR OF QUICKEN LOANS, INC.; AUTHORIZING THE CITY MANAGER TO SIGN THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF QUICKEN LOANS, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of Quicken Loans, Inc., for Valerie Venegas. 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 the request for subordination of the City's Mortgages and authorize the City Manager to sign the Subordination Agreement for Valerie Venegas in favor of Quicken Loans, Inc., a copy of which is attached hereto as Exhibit "A ". Section 3. This Resolution shall become effective immediately upon passage. Page 207 of 561 28 PASSED AND ADOPTED this day of , 2015. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO Page 208 of 561 This Instrument Prepared by: James A. Cherof, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement ") is made this day of , 2015 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY ") in favor of Quicken Loans, Inc. ( "Quicken "). WITNESSETH: WHEREAS, the CITY is the owner and holder of that certain promissory note and mortgage in the original principal amount of Twenty -seven Thousand Three Hundred Seventy -five and 00 /100 Dollars ($27,375.00), executed on June 16, 2010, which Mortgage was recorded on July 19, 2010 in Official Records Book 23953, Page 0380 of the Public Records of Palm Beach County, Florida and that corrective mortgage executed on November 30, 2010 which Mortgage was recorded on January 14, 2011 in Official Records Book 24314, Page 0077 of the Public Records of Palm Beach County, Florida (collectively referred to as the "Mortgage ") by Valerie Venegas, an un- remarried woman, (referred to as the "Mortgagor "), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the "Property "), which Property is encumbered by the Mortgage: Lot 32, Block 18, FIRST ADDITION TO ROLLING GREEN, according to the Plat thereof, as recorded in Plat Book 24, Page 86 of the Public Records of Palm Beach County, Florida. Tax Parcel No. 08- 43- 45- 21 -02- 018 -0320 WHEREAS, Quicken has agreed to refinance the Mortgagor loan, and grant a mortgage loan to the Mortgagor in an amount not to exceed $71,000.00 to be secured by a first mortgage encumbering the Property (hereinafter the "New Mortgage "), provided that the CITY's Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00 /100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Page 209 of 561 Mortgage in the principal amount not to exceed $71,000.00 given by Mortgagor, Valerie Venegas to Quicken, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, Florida. This subordination is only to the extent of the loan amount not to exceed $71,000.00 and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and /or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on 1 2015. Signed, sealed and delivered in the presence of STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a Florida municipal corporation By: Lori LaVeniere, City Manager The foregoing instrument was acknowledged before me on this day of August, 2015 by Lori LaVerriere, City Manager of the City of Boynton Beach, on behalf of the CITY, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC 2 of 2 C: \Program Files ( X86) \Neevia.Com \Docconverterpro\ Temp \NVDC\ 49719600- F636- 4A11- 81A8- 35EF7B06276A \Boynton Beach. 1844.1. Subordination_Agreement- _Valerie_Venegas_(Quicken).Doc Page 210 of 561 Good Faith Estimate (GFE) 9 ®EtlE� OMB Approval No. 2502 -0265 3343826930 Name of Originator quicken Loans Inc. Nicholas A Kwasiborski Originator 635 Woodward Avenue Address Detroit, MI 48226 Ori inatorPhoneNumber (800) 226 - 6308 Ori inatorEmail NickKwasiborski uickenloans.com Borrower Valerie Venegas Property 450 NE 14th Ave Address Boynton Beach, FL 33435 DateofGFE 08/12/2015 Application Date: 07/06/2015 Purpose This GFE gives you an estimate of your settlement charges and loan terms if you are approved for this loan. For more information, see HUD's Special Information Booklet on settlement charges, your Truth -in- Lending Disclosures, and other consumer information at www.hud.gov /respa. If you decide you would like to proceed with this loan, contact us. Shopping for Only you can shop for the best loan for you. Compare this GFE with other loan offers, so you can find the best loan. your loan Use the shopping chart on page 3 to compare all the offers you receive. Important 1. The interest rate for this GFE is available through 08/20/2015 After this time, the interest rate, dates some of your loan Origination Charges, and the monthly payment shown below can change until you lock your interest rate. 2. This estimate for all other settlement charges is available through 07/17/2015 3. After you lock your interest rate, you must go to settlement within 45 days (your rate lock period) to receive the locked interest rate. 4. You must lock the interest rate at least FN/Al days before settlement. Summary of yourloan Escrow account information Your initial loan amount is $ 71.000.00 Your loan term is 30 years Your initial interest rate is 4.9900 % Your initial monthly amount owed for principal, interest, and any mortgage insurance is $ 380.71 per month Can your interest rate rise? 2-No El Yes, it can rise to a maximum of %. The first change will be in Mos. Even if you make payments on time, can your loan balauce ® No LJ Yes, it can rise to a maximum of rise? $ Even if you make payments on time, can your monthly ® No ❑ Yes, the first increase can be in amount owed for principal, interest, and any mortgage and the monthly insurance rise? amount owed can rise to $ The maximum it can ever rise to is $ Does your loan have a prepayment penalty? ® ❑ Yes, your maximum prepayment p enalty is $ Does your loan have a balloon payment? ® No ❑ Yes, you have a balloon payment of $ due in years. Some lenders require an escrow account to hold funds for paying property taxes or other property- related charges in addition to your monthly amount owed of $ 380.71 Do we require you to have an escrow account for your loan? ❑ No, you do not have an escrow account. You must pay these charges directly when due. ® Yes, you have an escrow account. It mayor may not cover all of these charges. Ask us. Page 211 of 561 Some of these charges can change at settlement. See the top of page for more information. 3. Required services that we select These charges are for services we require to complete your settlement. We will choose the providers of these services. Service Charge Service Charge TpP raisal Fee $485.00 1 Credit Report/Monitoring $25.25 Life of Loan Tax Service $60.00 Flood Certification $15.50 Tax Certification Fee $18.00 Subordination Agreement $50.00 Mortgage Insurance Premium $147.81 $801.56 4. Title services and lender's title insurance This charge includes the services of a title or settlement agent, for example, and title insurance to p rotect the lender, if required. $1.125.29 S. Owner's tide insurance You may urchase an owner's title insurance policy to protect Your interest in the prope 6. Required services that you can shop for These charges are for other services that are required to complete your settlement. We can identify providers of these services or you can shop for them yourself. Our estimates for providing these services are below. Service Charge Service Charge 7. Government recording charges These charges are for state and local fees to record your loan and title documents. $146.60 S. Transfer taxes These charges are for state and local fees on mortgages and home sales. $591.25 9. Initial deposit for your escrow account This charge is held in an escrow account to pay future recurring charges on your property and includes ® all property taxes, ® all insurance, and ❑ other $2.625.59 10. Daffy interest charges This charge is for the daily interest on your loan from the day of your settlement until the first day of the next month or the first day of your normal mortgage payment cycle. This amount is $1 9.84 r day for r 6 - 1 days (if our settlement is 08/21/2015 $59.04 11. Homeowner's insurance This charge is for the insurance you must buy for the property to protect from a loss, such as fire. Policy Charge ro Charge $0.00 Your Charges for All Other Settlement Services $ 5,349.33 ZMj Total Estimated Settlement Charg s t VM Faith Estimate lHUO -GFEI . ♦y 11/17/08 Wolters Kluwer Finamial Services 111 I��IIII III Page 2 of 3 VMP116F 10008 >.00 803343826930 0184 293 0303 Page 212 of 561 3343826930 Instructions Understanding which charges can change at settlement This GFE estimates your settlement charges. At your settlement, you will receive a HUD-1, a form that lists your actual costs. Compare the charges on the HUD -1 with the charges on this GFE. Charges can change if you select your own provider and do not use the companies we identify. (See below for details.) . A • Our origination charge • Your credit or charge (points) for the specific interest rate chosen (after you lock in your interest rate) • Your adjusted origination charges (aft you lock in your interest rate) • Transfer taxes • Required services that we select • Title services and lender's title insurance (if we select them or you use companies we identify) • Owner's title insurance (ifyou use companies we identify) • Required services that you can shop for (rfyou use companies we identify) • Government recording charges Required services that you can shop for (if you do not use companies we identify) . Tide services and lender's tide insurance (f you do not use companies we identfy) . Owner's tide insurance (if you do not use companies we identify) . Initial deposit for your escrow account . Daily interest charges Homeowner's insurance Using the In this GFE, we offered you this loan with a particular interest rate and estimated settlement charges. However: tradeoff table • If you want to choose this sane; loan with lower settlement charges, then you will have a higher interest rate. • If you want to choose this same loan with a lower interest rate, their you will have higher settlement charges. If you would like to choose an available option, you must ask us for a new GFE. Loan originators have the option to complete this table. Please ask for additional information (f'the table is not completed. Your initial loan amount $ 71.000.00 Is I Your initial interest rate 1 4.9900% % % Your initial monthly amount 71 Using the shopping chart Change in the monthly No change You will pay $ You will pay $ amount owed from this GFE I more every month less every month Change in the amount you will pay I No change Your settlement charges Your settlement charges at settlement with this interest rate will be reduced by will increase by If your loan is Some lenders may sell your loan after settlement. Any fees lenders receive in the future cannot change the loan you receive or the sold in the future charges you paid at settlement. Grad Faith Eetlmale (HUD-GFE) III 111111111111111111111111 HIM �� I I I I II II I II + p 9 9 /17108 VMP ® Wolters Kluwer Financial Services `� l g03343826930 0184 293 0303 Page 304 3 VMPII(IF 10908).00 Page 213 of 561 How much your total estimated settlement charges will be 1 $ 10 526.14 $ S 1 For an adjustable rate loan, the comparisons above are for the initial interest rate before adjustments are made. Use this chart to compare GFEs from different loan originators. Fill in the information by using a different column for each GFE you and agree: I N- ej =-- 1 11-1 0 1 0 1 101*121 bm I rm E4 I r tol gg] I$= ON I I I I I" F I Itz, I I I I t; I 110 • to] sizi K [SwelisligoVel � IMP15ROMN 2. To pay all taxes, assessments, liens and encumbrances on that property promptly when due. If they are not promptly paid, the Mortgagee may pay them without waiving the option to foreclose, and such payments, with interest thereon from the date of payment at the same rate as specified in that note, shall also be secured by this mortgage. 3. To commit, permit, or suffer no waste, impairment, or deterioration of the mortgaged property. 4. To pay all expenses reasonably incurred by the Mortgagee because of failure of th(.- Mortgagors to comply with the agreements in that note of this mortgage, including reasonable attorney's fees which shall include costs and attorney's fees • an appeal of any litigation involved in enforcing this obligation. The cost thereof, with interest thereon from the date of payments at the same rate as specified in that note, shall also be secured by this mortgage. 6. The rents and profits of the mortgaged property are also thereby mortgaged, and if proceedings to foreclose this mortgage shall be instituted, the court having jurisdiction hereof should appoint a receiver of the mortgaged property, and apply those rents and profits to the indebtedness hereby secured, regardless of the solvency of the Mortgagors or the adequacy of the security. 1 y JJ 8. Upon the death of the property owner(s), if the property is acquired through probate, the same terms and conditions of the mortgage remain in effect. If the property is sold, or the inheritor chooses not to reside • the property, or the property is rented f city is to be repaid the unforgiven portion remaining. I 0 MM Mortgagor VALERIE VENEGAS Mortgagor Page 215 of 561 $27,375.00 Boynton Beach, Florida Dated: June 16, 2010 manner: P7,375.00 wit h interest at f he rate Of NO (0%) percent per annum, in the following z0 Page 217 of 561 6.G. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -101 - Approve the "Cortina PUD Replat Two" record plat, conditioned on the approval being the certification of the plat documents by Andrew P. Mack (Interim Development Director /City Engineer). EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the master plan titled "Boynton Village & Town Center ", six hundred forty three (643) condominiums, three hundred fifty (350) apartments, and one hundred fifteen (115) single family homes. The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer, City Surveyor, and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: Budgeted None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 218 of 561 Is this a grant? Grant Amount: ATTACHMENTS: Type D Resolution D Attachment REVIEWERS: Date Department Reviewer Public Works- Engineering Livergood, Jeffrey Finance Howard, Tim Public Works- Engineering Livergood, Jeffrey Finance Howard, Tim Public Works- Engineering Livergood, Jeffrey Public Works- Engineering Mack, Andrew Public Works- Engineering Livergood, Jeffrey Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Cortina PUD Replat Two Plat Document Action Date Approved 8/11/2015 ® 10:03 AM Rejected 8/14/2015 ® 5:21 PM Approved 8/17/2015 ® 10:39 AM Rejected 8/17/2015 ® 10:43 AM Rejected 8/17/2015 ® 10:53 AM Approved 8/27/2015 ® 9:42 AM Approved 8/27/2015 ® 10:25 AM Approved 8/27/2015 ® 11:38 AM Approved 8/28/2015 ® 10:01 AM Approved 8/28/2015 ® 2:19 PM Page 219 of 561 1 RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN THE "CORTINA PUD REPLAT TWO" RECORD PLAT; 6 AND PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, the subject plat has been reviewed by the Utilities, Planning and Zoning, 9 Building, Engineering Departments and the City's consulting surveyor to ensure conformance 10 with the site plan approval and the applicable State and City's platting and zoning 11 requirements; and 12 WHEREAS, the City Commission, upon recommendation of staff, does hereby accept 13 and approve the "Cortina PUD Replat Two" record plat. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 16 Section 1: Each Whereas clause set forth above is true and correct and 17 incorporated herein by this reference. 18 Section 2 : The City Commission hereby approves and authorizes the Mayor to 19 20 21 22 23 24 sign the "Cortina PUD Replat Two" record plat conditioned on the approval being the certification of the plat documents by Andrew P. Mack, Interim Development Director /City Engineer. Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC\ 90639633- 12DD- 4CE7- 821F- 62799010188F \Boynton Beach. 1860.1. Cortina PUD Replat - _Reso.Doc Page 220 of 561 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC\ 90639633- 12DD- 4CE7- 821F- 62799010188F \Boynton Beach. 1860.1. Cortina PUD Replat - _Reso.Doc Page 221 of 561 E[a�mErE e pr CORTINA PUD REPLAT TWO A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS oO`� OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. AUGUST, 2015 .�. m Y —P SHEET 1 OF 11 CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. AUGUST, 2015 SHEET 2 OF 11 �� ------------- --- -- -------- -- ---------- --- CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST I CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. AUGUST, 2015 ,.. SHEET4 OF 11 CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. AUGUST, 2015 E..i..T m - SHEET 6 OF 11 T. =5 F. j \ � - -- ------------------------------ ----------------- - - - - -- =� -- CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOVNTON TOWN CENTER, A P. (P.B. 106, PGS. '144-151, P.B.C. R.) 45 S V - SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST CITY OF BOVNTON BEACH, PALM BEACH COUNTY, FLORIDA. AUGUST, 2015 _ tl SHEETS OF 11 CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST "- CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. 1 E Ar AUGUST, 2015 ^ k SHEETS OF 11 CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. z,o cnNA� —IT 11 -w AV AUGUST, 2015 , JD SHEET10 OF 11 CORTINA PUD REPLAT TWO Q T . H A REPLAT OF ALL OF "CORTINA PUD REPLAT" (P.B. '109, PGS. '196 -202, P.B.C.R.) AND PORTIONS OF "BOYNTON TOWN CENTER, A P.C.D. (P.B. 106, PGS. 144 -151, P.B.C.R.) SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. Ir I AUGUST, 2015 SHEET11 OF 11 6. H. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R15 -102 - Approve the third amendment to the interlocal agreement between Palm Beach County and the City of Boynton Beach for the use of T -1 telephone /data lines on Palm Beach County's digitla microwave system. EXPLANATION OF REQUEST: Palm Beach County, Boynton Beach, Delray Beach and Boca Raton comprise the South Palm Beach County Public Safety Communication Cooperative pursuant to an interlocal agreement originally signed in 1999 when the interoperable radio system was installed. The system provides radio communications for each city and the county through the use of shared components such as cables, radio towers and microwave equipment and the ability to talk with the other public safety agencies in times of disaster and joint operations. Radio messages are passed over the airwaves by transceivers and then from the tower to tower and to the dispatch centers by use of the Digital Microwave Communications System. The Microwave Communications System uses T -1 fiber optic telecommunications lines to get the signals from the dispatch centers to the towers for transmissions and reception. A total of six T -1 lines are shared by radio system subscribers mentions above and the costs for use and maintenance are apportioned accordingly. Our portion of the use and maintenances costs is $5,921.00 annually which reflects what we are currently paying with no price increase. The duration of this agreement will be from February 4, 2016 to February 4, 2021. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement provides for access to the T -1 telecommunications lines which are necessary to facilitate radio communications for public safety and local government personnel. FISCAL IMPACT: Budgeted Budget line item 2112 - 521 -46 -20 Equipment Maintenance holds the necessary funds required by the interlocal agreement. ALTERNATIVES: No alternatives are available other than acquiring another radio communications system. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: This allows dispatch to operate efficiently. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 233 of 561 Grant Amount: ATTACHMENTS: Type D Resolution D Interlocal Agreement REVIEWERS: Department Reviewer Police Katz, Jeff Police Pyle, Judith Police Pyle, Judith Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution Approving Third Amendment to ILA I nterlocal Agreement Action Date Rejected 8/20/2015 ® 2:06 PM Approved 8/26/2015 ® 11:28 AM Approved 8/26/2015 ® 11:31 AM Approved 8/26/2015 ® 1:54 PM Approved 8/26/2015 ® 3:27 PM Approved 8/27/2015 ® 11:33 AM Page 234 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL AGREEMENT TO FEBRUARY 4, 2021; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 18, 2011, the City Commission authorized the Mayor and City Clerk to enter into a Second Amendment to Interlocal Agreement with Palm Beach County outlining the City's use of the County's digital microwave system, which extended the expiration date of the Interlocal Agreement to February 5, 2016; and WHEREAS, the parties would like to extend the duration of the Interlocal Agreement until February 4, 2021; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into a Third Amendment to Interlocal Agreement with Palm Beach County, which extends the expiration date of the Interlocal Agreement to February 4, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a Third Amendment to Interlocal Agreement between the City of Boynton Beach and Palm Beach County C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 6E64969F- BB81- 44CC- ADF2- 22CA2B24CO2F \Boynton Beach.1846.1.Reso - Third Amendment to Communications Interlocal T -Ldoc Page 235 of 561 31 extending the expiration date of the Interlocal Agreement to February 4, 2021, changing 32 the address for payment and notification to the County, a copy of which is attached 33 hereto as Exhibit "A ". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2015. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86)Aneevia.com \docConverterProA temp\ NVDC\ 6E64969F- BB81- 44CC- ADF2- 22CA2B24CO2F \Boynton Beach. 1846.1.Reso - Third Amendment to Communications Interlocal T -l.doc Page 236 of 561 THIS THIRD AMENDMENT to Interlocal Agreement (82001- 0200, as amended by 82006 -0554 and R2011-0121) collectively referred to herein as the "Agreement" is made as of by and between Pale Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners ( "County ") and the City of Boynton Beach, a municipal corporation of the State of Florida (:`City'`) In consideration of the mutual promises contained herein, the County and the City agree as follows: 1. The term of the Agreement expires on February 4 2016, and shall be extended to February 4, 2021. 2. The Agreement is hereby modified to add the following: SECTION 19. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2 -421 - 2 -440, as may be amended. The Inspector General is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2 -421 - 2 -440, and punished pursuant to 'Section 125.69, Florida Statutes, in the same manner as a second degree .misdemeanor. SECTION 20: NO THIRD PARTY BENEFICIARY No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and /or City. SECTION 21: NON - DISCRIMINATION Pursuant to Resolution R- 2014- 1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. Page I of 3 Page 237 of 561 The City has submitted to County a copy of its non-discrimination policy which is consistent with the above paragraph, as contained in Resolution R-2014-1421, as amended, or in the alternative, if the City does not have a written non-discrimination policy, or one that conforrns to the County's policy, it has affirmed through a signed statement provided to County that City will conform to the County's non-discrimination policy as provided in R- 2014 - 14.21, as amended. 3. Except as modified by this Third Amendment, the Agreement remains unmodified and in full force and effect in accordance with the terms thereof and is hereby ratified and confinned by the City and County. (Remainder of the page intentionally left blank) Page 2 of 3 Page 238 of 561 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed on the day and year first above written. ATTEST- SHARON R. BOCK By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney ATTEST: By: Janet M. Prainito, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Print City Attorney's Name PALM BEACH COUNTY, a political subdivision of the State of Florida By: Shelley Vana, Mayor CONDITIONS: ME Audrey Wolf, Director Facilities Development & Operations CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida 0 Jerry Taylor, Mayor Page 3 of 3 Page 239 of 561 Pursuant to Resolution R- 2014 -1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. All entities doing business with Palm Beach County are required to submit a copy of their non- discrimination policy which shall be consistent with the policy of Palm Beach County contained in R- 2014 -1421, as amended, stated above, prior to entering into any contract with Palm Beach County, In the event an entity does not have a written non - discrimination policy, or such policy is not consistent with Palm Beach County's policy, the entity shall be required to sign a statement affirming they will conform to Palm Beach County's non- discrimination policy as stated above. CERTIFICATION The City of Boynton Beach does not have a written non - discrimination policy or one that complies with Palm Beach County's policy as stated above, however the City of Boynton Beach affirms that it will conform to County's non - discrimination as contained in R- 2014 - 1.421, as amended. CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida Jerry Taylor, Mayer Date ATTEST. ME Janet M. Prainito, MMC, Town Clerk Page 240 of 561 M CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -103 - Approve Addendum No. 2 to the Professional Agreement between the City of Boynton Beach and Ballard Partners, Inc. for appropriation lobbyist services extending the agreement for two years for the amount of $60,000.00 plus expenses per year. EXPLANATION OF REQUEST: AGREEMENT EXTENSION TERM: October 1, 2015 to September 30, 2017 On October 1, 2013, Commission approved an agreement between the City of Boynton Beach and Ballard Partners, Inc. of Tallahassee, FL resulting from RFP No. 075 - 1210- 13 /JMA, for the purpose of pursuing funding from local, state and federal sources. Ballard also advises the City regarding any proposed and /or actual changes in laws, with particular emphasis on changes that might negatively impact the City's home rule authority. The agreement was for one year, October 1, 2013 - September 30, 2014 with the option to renew for three (3), one (1) year periods at an cost of $50,000 plus expenses for the first year. Expenses for first year amounted to $562.00. Commission approved Addendum No. 1 exercising the first one (1) year renewal period to the Professional Agreement which lowered the agreed annual fee to $45,000.00 plus expenses on October 21, 2014. Addendum No.1 was for October 1, 2014 - September 30, 2015. No expenses have been paid to date for year two (2). Ballard Partners has requested to exercised the remaining two (2) renewal periods to the Professional Agreement for Appropriation Lobbyist Services, at the same terms and conditions but has requested a request to increase the fee to $60,000.00 plus expenses per year. Procurement is recommending to exercise both options based on the City's experience with Ballard Partners over the last two years and that it would secure the annual cost at $60,000 plus expenses per year for the following: October 1, 2015 - September 30, 2016 October 1, 2016 - September 30, 2017 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Consultant will represent the City and advocate on our behalf in Tallahassee before and during the legislative session on the priority issues as established by the City Commission. FISCAL IMPACT: Budgeted Funds are budgeted for FY 2015/2016 under account number 001 - 1210 - 512- 49 -17, and will be budgeted Page 241 of 561 under the same account for Fiscal Year 2016/2017. ALTERNATIVES: Not approve Addendum No. 2 and issue a new Request for Proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Ballard Partners, Inc. START DATE: 10/1/2013 END DATE: 9/30/2017 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Addendu D Letter I REVIEWERS: Department Reviewer Description Resolution approving Addendum No 2 to Professional Agreement Addendum No. 2 to Professional Agreement Response ® Ballard Partners Action Date Page 242 of 561 Finance Howard, Tim Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved MINIM Page 243 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING ADDENDUM NO. 2 TO PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BALLARD PARTNERS, INC., FOR APPROPRIATION LOBBYIST SERVICES EXTENDING THE AGREEMENT FOR TWO YEARS AND IN THE AMOUNT OF $60,000.00 PLUS EXPENSES PER YEAR; AUTHORIZING THE CITY MANAGER TO SIGN ADDENDUM NO. 2 TO PROFESSIONAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 2013 via Resolution R13 -107, the City Commission approved a one year Professional Agreement for Lobbyist Services with Ballard Partners, Inc., resulting from RFP No. 075- 1210- 13 /7MA for the purpose of pursuing funding from local, state and federal sources in an amount not to exceed $50,000 plus expenses, annually; and WHEREAS, on October 21, 2014, the City Commission approved Addendum No. 1 exercising the first one (1) year renewal period which lowered the agreed annual fee to $45,000 plus expenses; and WHEREAS, Ballard Partners has requested to exercise the remaining two (2) renewal periods to the Professional Agreement for Appropriation Lobbyist Services, at the same terms and conditions but has requested a request to increase the fee to $60,000 plus expenses per year; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to enter into Addendum No. 2 to Professional Agreement with Ballard Partners, Inc., for Appropriation Lobbyist 29 Services. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \893OC74A -ODCA- 496E- AD2C- 81D7D589524A \Boynton Beach. 1852.1.Reso _ -_ Lobbyist_ Ballard _PartnerS_Addendum_No._2.Doc Page 244 of 561 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission hereby approves Addendum No. 2 to Professional 36 Agreement with Ballard Partners, Inc., in the amount of $60,000.00 plus expenses, annually, for 37 a period of two years from October 1, 2015 to September 30, 2017 and authorizes the City 38 Manager to sign the Addendum, a copy of which is attached hereto as Exhibit "A. 39 Section 3. This Resolution shall become effective immediately upon passage. 40 41 PASSED AND ADOPTED this day of , 2015. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 ATTEST: 60 61 62 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE 63 Janet M. Prainito, MMC 64 City Clerk 65 66 (Corporate Seal) YES NO C:AProgram Files ( X86)ANeevia.Com \DocconverterproA Temp \NVDC \893OC74A -ODCA- 496E- AD2C- 81D7D589524A \Boynton Beach. 1852.1. Reso_ -_ Lobbyist_ Ballard _PartnerS_Addendum_No._2.Doc Page 245 of 561 ADDENDUM No. 2 TO PROFESSIONAL AGREEMENT FOR LOBBYIST SERVICES This Addendum shall take effect on signature by both parties. THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "CITY ", and BALLARD PARTNERS, INC., a Florida corporation, hereinafter referred to as "Firm" WITNESSETH: 1. The Professional Agreement for Lobbyist Services between the City and the Firm commencing the 1st day of October, 2013, and Addendum No. 1 commencing on October 1, 2014, are amended as follow: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Firm agree as follows: 3. TERM. This Agreement shall be for a period of two years commencing October 1, 2015 and ending on September 30, 2017. 4. PAYMENT. The Firm shall be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed $60,000.00 /per year plus expenses for the remainder of this Agreement. a. The total contract price, as referred to herein, shall be the total amount of payment to Firm for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Firm shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Firm shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Firm may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Firm in the amount approved. d. Final payment of any balance due the Firm of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the CitX shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Addendum No. 2 RFP No. 075- 1210- 13 /JMA 1 Page 246 of 561 f The Firm's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY I:• ATTEST: Lori LaVerriere, City Manager APPROVED AS TO FORM: Janet M. Prainito, MMC James A. Cherof, City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida, and acknowledged she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2015. My Commission Expires: Addendum No. 2 RFP No. 075- 1210- 13 /JMA NOTARY PUBLIC 2 Page 247 of 561 BALLARD PARTNERS, INC. WITNESSES: STATE OF FLORIDA COUNTY OF PALM BEACH I:• (Print Name) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he /she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his /her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 2015. NOTARY PUBLIC My Commission Expires: Addendum No. 2 RFP No. 075- 1210- 13 /JMA 3 Page 248 of 561 The City of Younton Beacj'� FinoncelProcurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Telephone No: (561) 742-6310 FAX.- (561) 742-6316 i ce] 31�� 4ATA Eli MRI RFP No.: 075-1210-13/JMA PITEF417MITS :12YAW:1 - I i Yes, I agree to renew the existing Agreement under the same terms, conditions and pricing for a two-year term. Yes, I agree to renew the existing Agreement under the same terms, conditions, for the two-year term with the following requested increase: IT"RE rJ-11 R WJ94�� VT (please print) JULY 14, 2015 Page 249 of 561 6.J. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: Approve increase to Blanket Purchase Order #150951 from $24,500 to $59,000 with Advance Generator Sales and Service, Inc. to continue the maintenance and repair of Generators and Pumps for Utilities and Facilities until a new contract is in place. EXPLANATION OF REQUEST: Last April, the City staff recommended that the Commission rejects the "Two -year Bid for Diesel /Propane generator & By -pass Pump Maintenance and Repair Service" (036- 2811 -15 /JMA) because only one bid was received, the price was quite high and was not in the best interest of the City. Following the Commission rejection of the bid, the City of Boynton Beach agreed with Advance Generator Sales and Services, Inc. to extend the contract 027 - 2811 -11 /JMA at an increased hourly rate and issued Blanket Purchase Order #150951 for $24,500 in order to ensure continuance of service until a new contract is in place. Maintenance and repair costs will exceed the $24,500 amount and in accordance with City's purchasing policies, purchases for commodities and /or services greater than $25,000 requires City Commission approval. Staff is anticipating costs totaling approximately $59,000 for the current purchase order until a new bid is awarded. Staff has revised the specifications and the bid documents; a pre -bid meeting is set for 8/25/2015 and the actual bid is scheduled for 9/15/2015. To continue the maintenance and repair work and remain in compliance, we are requesting that the Commission approves an increase to the blanket purchase order to cover the services of Advance Generator Sales and Services, Inc. until a new contract is in place. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will ensure that the Utilities and Facilities Departments have reliable backup power system as mandated by State regulations for the treatment plants, sewer lift stations and various other City of Boynton Beach facilities. It will enable the City of Boynton Beach to provide uninterrupted services to the citizens in a power outage situation. FISCAL IMPACT: Budgeted The fund was budgeted and approved for the current fiscal year. Maintenance and repair of equipment in a timely manner will provide for a more cost efficient operation, minimize or eliminate costly equipment failure, help maintain the quality and continuance of service to the citizens, and avoid possible fines associated with failing to comply with legal requirements. ALTERNATIVES: The City of Boynton Beach can decide to discontinue the maintenance and repair of the Generators and Pumps until a new contract is in place. This option is not recommended as it will be against state requirements and will compromise the reliability of our standby emergency power system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 250 of 561 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Purchase Order PO 150951 D Attachment Backup Document REVIEWERS: Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Lejeune, Carisse Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Page 251 of 561 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 150951 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/06/15 00` SHIP TO: TO: ADVANCE GENERATOR SALES City of Boynton Beach 12351 59TH ST N EAST UTILITY ADMIN ROYAL PALM BCH, FL 33411-8547 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 PROCUREMENT SERVICES: I — FRO. TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 252 of 561 Krasnoff, Leah jFrom: Sent: To: Baca, Fabio Monday, July 13, 2015 3:48 PM Krasnoff, Leah I �-? &SE. Please increase by $9,500 instead R 2 P'C' N 0 2 o: 561-742-6315 I Like si% on FaCobook America's Gateway to the Gulfstream -I ?.he ia' 1 h P el J"� I � . rx h' '. "t: r,,.. .1 y."N"P ".'a2V rurplu ic, MP? - ,11" fOri Faid sr'u' From: Baca, Fabio Sent: Monday, July 13, 2015 2:33 PM To: Krasnoff, Leah Cc: Pratt, Tarolyn Cubject: FW: Blanket PO #150• 51 Increase Please increase PO # 150951 Advanced Generator 401-2816-536.46-20 $10,000. 1 will submit a transfer to cover this request q 0/ FB r Page 253 of 561 Fabio Baca, Accountant Boynton Beach Utilities City of Boynton Beach 100 E. 8ovwtn d!- o: 561-742-6315 . 10 Nw�� OMMIXOROMMMAMA . pi i si *-. i # . Like us� an Faf;ebook 93 America's Gateway to the Gulfstream U ;tr rid, 5'. j :!ea' 51fi.. -'Ci lo d" zi.- From: Pratt, Tarolyn Sent: Mondav 13, 2015 To: Baca, Fabio • UOLM • I- V oz -� — Tarolyn Pratt, Administrative Associatz boynton Beach Utilities City of Boynton Beach 124 E. Wootbright Rd. Boynton Beach, Florida 33435 o: 561-742-6447 prattt@bbft.us I Mwy. •• •I -beach. org Like u-3 on FacebOOR P'frrx 4" o"ivL"eJ palnqA to 'n-r' n'r sub"�vil �, ddusan. Page 254 of 561 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 150951 BOYNTON BEACH, FLORIDA 33425 -0310 DATE: 05/06/15 Do,.•. SHIP TO: TO: ADVANCE GENERATOR SALES City of Boynton Beach 12351 59TH ST N EAST UTILITY ADMIN ROYAL PALM BCH, FL 33411 -8547 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REMARKS: BLANKET'P:URCHASE ORDER: for repairs and maintenance on generators and by =pass pumps. for Utilities. Rates for services 65 0.0 /hour Monday - Friday, 8:00 A:M...to 5:0.0.P.M. Overtime and weekends at $ per hour. NOTE: Use this: Purchase. order for work performed MAY 4, 2015 TO JULY 1, 2015 or until.a new bid is:zn place: 7-1-2015: Extend purchase order, date. New bid specifications have not been completed., PROCUREMENT SERVICES: I ` ` I P.O. TOTAL: .00 I ACCOUNT NO PROJECT PURCHASING Page 255 of 561 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * CHANGE #: 1 * CHANGE ORDER * DATE CHG: 07 /:Oi /115 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P. BOX • 310 P.O. #: 150951 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/06/15 0 a : SHIP TO: TO: ADVANCE GENERATOR SALES City of Boynton Beach 12351 59TH ST N EAST UTILITY ADMIN ROYAL PALM BCH, FL 33411-8547 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MtMumm 1196101� PROCUREMENT SERVICES: I I P.O. TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 256 of 561 Alibrandi, Julianne Fr ylvain, James Sent: Wednesday, July 01, 2015 2:10 PIVI To: Alibrandi, Julianne Cc: Groff, Colin Subject: Generator Bid Extension H 1. James Sy(vain, P.E., Field Operations Division Manage Boynton Beac ffiries City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 o: 561-742-6492 1 f: 561-742-6298 Sylvaini@bbfl.!Is I www. boynton -beach. ong Like tm un Fatebook hrt "rj Pub""(- "I'11- fuw ar, d uil 4, Is I cil ;.-ay to F�" 'd'-- 7 ow, r" ;�' ( w e vak I N'c ycur7 -ii cnnum.xfka"' ior ar24 vo. e be �u` lat"""J% v. Page 257 of 561 P ORD CITY OF BOYNTON FLORIDA PROCUREMENT DEPARTMENT 00 EAST BOYNTON BEACH BOULEVARD O • . • P.O. FLORIDA VENDOR 92 SHIP TO: TO: ADVANCE GENERATOR SALES City of Boynton Beach 12351 59TH ST N EAST UTILITY ADMIN ROYAL PALM BCH, FL 33411 -8547 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EFFECTIVE DATE: 05/04/15 EXPIRATI.ON DATE: 0.7 /06/15 NOT TO EXCEED: .15000.00 REMARKS- BLANKET PURCHASE ORD8RIor repaiT's and maintenance Rates f or • {' 0 our ! tll. Frid 8:0 A,M.. to:5:00 P.M... Overtime and weekends at per ! or der NOTF-:�:Une this purchase ! pe rf o rme d M AY • • MLY 1 2:015 ! • z p lace. .is in PURCHAS Page 258 of 561 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST GENERATOR MAINTENANCE AND REPAIR Alibrandi, Julianne Attached is Advance Generator's res:c-viwd"Vv4W-W y , Repair" Bid until a new bid is in place. Since Rich Cordis of Advance has changed the pricing and terms, this is not a bid extension, but an agreement to continue to service our generators and pumps at the prices outlined on the attachment. These prices are substantially higher than his 2011 bid pricing of $34.95/hour for labor 8:00 A.M. to 5:00 P.M. and $58.50/hour for any time other than standard, but still less than TAW's bid pricing which was rejected. If you have any questions, please do not hesitate to contact me. The current bid with Advance Generator expires Sunday, May 3 rd So we will need to respond to Advance Generator next week. F= Y Jutianne Alibrandi, Senior Buyer Financiat Services City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Rorida 33435 o: 561-742-6322 Alibrand!J@bbfi.us I www. boynton-beach. ore — Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are Public records, Thcrefore. vour L—woil r • 11 !!!!! !;R Page 259 of 561 03-HUMM T Advance Generator Sales & Service, Inc has enjoyed the relationship with the City of Boynton Beach since the formation of the Advance Generator entity. As such, we have a keen interest in maintaining and potentially continuing providing services for the City of Boynton Beach. Obviously. we have the most knowledge ofthe equipment and its history. In an effort to assist the City in either considering a continued long term relationship with Advance Generator and/or 7roviding fw f1i 'rh (which is May 3 20 15), we respeeffWly submit the following conditions upon which it would be a viable proposition for all concerned: Wz= Page 260 of 5�1 i ne uity 00�MtonBeach FInarwelProcurernent services 100 E. Boynton Beach Boulevard P.O. BOX 310 Boynton Beach, Florida 33425..031 Telephone No: (561)742-610 FAX: (561) 742-6316 'TWO YEAR CONTRACT FOR I reement between the My ► Boynton Beach .9,'id 14AM[I 1 VI E-mail: AL, i i ' 0 �/_ Y, I � r 91 "I'll "I'll R I I � ", 1 .1111, 1 Page 261 of 561 ADVAPIYACE GENER-ATOR SALES SERVICE, INC. 12351 59th 'str t N Roysi I'Mm Reack, FL SIM Phome (561) 7994290 Fax Emal Advancegen@amuct To Whom It May Cwccm: I Page 262 of 56 /E OD jE { {)) . \ //] ® »� w Q k ® )j - -- > §$§§[\/ / \ \ / ® -� `2A= ± z CL 0 $ / }�/ ;=k6 /fE§kx 6 x 5 x ± ± E C - -- LO LO LO 2 �m / . _ ®®® w Q /ff/ }77 10 LO LO ee 0 a & .. 2 e e e LO m LU W )f _ e a 2 a2 « ± ± E $ d \\( \\/ /[/ = of w u of ± U) « U) 2 i ( 2 / i \/� ® ( \/� § (�� < Lij § G _ \§ j§ _ 6 § ± er± \ G ~ \ « ee e \ § ^\ m eea / E E ±± \�\ 2 z o® z z y o = y o _ o ±= y a o a\ a = a\ z a $ 0 / a \ \ j ƒ 3 R ± i 3 / / c / G \ ( $ a EL /»/ w [ o e� )_ / a 7 / \ % ® G/ ) $ ) §k \/ C3 « « /j =f �g zf /% / o / o \\ W a §2& . o j § \3 2/ 0 � ao as « m <k\ w $ o+ z ®O /5 a ewe/ >- // �/ ow e§ \ / om && §§G m § } //% \ %$z u R §« y y 3G 0 co# = g5e2 />§f E$ S$ //_ / / #\ 7 oa= z =__ / = 2 #o �o 7/ uo y± U) w CO \\ = 33E § /§/ /Cy 357 / / k z Page 263 of 561 6. K. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: Accept the Victims of Crime Act (VOCA) grant for FY2015 -2016 funding cycle in the amount of $56,595 and authorize the Mayor or City Manager to sign any required documents associated with the grant, subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Office of the Attorney General, Bureau of Advocacy and Grants Management has awarded a Victims of Crime Act (VOCA) grant for the 2015 -2016 funding cycle in the amount of $56,595. Approval of this award will allow our agency to keep the current VOCA funded victim advocate on staff. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, and help finding resources and filling out paperwork. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. Our agency currently has one full time city funded and one VOCA funded victim advocate who are responsible to full fill the needs of the community. Without the additional advocate, staff would become bogged down with the daily operations of the office leaving little time for detailed follow up and proactive work. FISCAL IMPACT: Budgeted We are offering 10% of the salary of the police sergeant in the Special Victims Unit for the required 20% cash /in -kind match. This item poses no negative impact on the budget. ALTERNATIVES: Do not accept grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $56,595. ATTACHMENTS: Page 264 of 561 Type Description D Grant Application Letter of Award/ Final Application REVIEWERS: Department Reviewer Action Date Police Pyle, Judith Approved 8/26/2015 ® 11:27 AM Finance Howard, Tim Approved 8/26/2015 ® 4:01 PM City Manager LaVerriere, Lori Approved 8/27/2015 ® 11:30 AM Page 265 of 561 OFFICE OF THE ATTORNEY GENERAL Law Enforcement Relations, Victim Services and Criminal Justice Programs Emery A. Gainey, Director PL -0 The Capita PAM BONDI Tallahassee, FL 32399-1050 ATTORNEY GENERAL Phone (850) 245-0140 Fax (850) 487-2564 STATE OF FLORIDA http;llwww.myfloridalegal.com August 4, 2015 Dear Mayor Taylor: The Office of the Attorney General, Bureau of Advocacy and Grants Management, is pleased to inform you that the City of Boynton Beach will be awarded a Victims of Crime Act (\/OCA) grant for the 2015-2016 funding cycle in the amount of $56,595.00. Our staff has worked diligently to determine how best to distribute the available VOCA grant funding while maintaining mandatory federal grant distribution guidelines and mission critical services. These considerations and your agency's commitment to providing services to crime victims in your community were the key factors used in making our decision. A member of the Bureau of Advocacy and Grants Management will contact your agency to provide information and instructions for this grant. Thank you for your continuing efforts in providing assistance to victims of crime. Sincerely, zby Emery A. Gainey Director, Law Enforcement Relations, Victim Services & Criminal Justice Programs Page 266 of 561 6.L. CONSENT AGENDA 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ending July 31, 2015. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the ten (10) month period ended July 31, 2015 (83% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget and • Actual results for the same period of the prior year annual budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $8.1M surplus for the period ending July 31th, 2015. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $56.5M or 77% of our total $73.OM General Fund budget estimate for FY 2014 -15. Transfers from other funds ( non- revenues provide $16.5M or 23% of the total funding sources to balance our $73.OM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 37% - $ 27.1M —Property taxes less Tax Increment Financing to the CRA Page 267 of 561 FY 2014 -15 FY 2013 -14 FY 2015 vs. 2014 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 73,031 $ 68,701 94% $71,416 $ 65,865 92% 2% 4% &Transfers Expenditures $(73,031) $(60,527) 83% $(71,416) $(53,023) 81% 2% 4% Excess (Deficit) $ - $ 8,174 $ - $ 7,842 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $8.1M surplus for the period ending July 31th, 2015. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $56.5M or 77% of our total $73.OM General Fund budget estimate for FY 2014 -15. Transfers from other funds ( non- revenues provide $16.5M or 23% of the total funding sources to balance our $73.OM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 37% - $ 27.1M —Property taxes less Tax Increment Financing to the CRA Page 267 of 561 2. 40% - $ 29AM - All other revenues plus General Fund Balance 3. 23% - $ 16.5M - Transfers from other funds 100% - $ 73.OM - Total funding sources The property tax rate for FY 2014 -15 is 7.9000 mills, no change from the prior year; the net property taxes of $27.1 M in FY 2014 -15 represent a 7.2% increase in property tax revenue or an increase of $1.8M from FY 2013 -14. To balance the budget in FY 2013 -14, it required transfers from other funds of $16.5M representing 23% of all funding sources. Actual Funding Sources Realized: At the end of the tenth month in FY 2014 -15, revenues and transfers realized are approximately $68.7M of the budget estimate compared to $65.8M realized to date in FY 2013 -14. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $26.8M as compared to $25.OM for FY 2013 -14, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: 1. Franchise Fees realized was $3.8M or 86% actual collected compared to $3.7M or 83% in FY 2013 -14. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2014 -15, approximately $1.58M or 114% has been collected compared to the FY 2013 -14 amount of $1.4M or 102 %. 3. State Shared revenues of $6.5M or 85% have been collected in FY2014 -15 as compared to $6.OM or 86% received in FY 2013 -14. 4. Public Safety revenues at this point collected are $4.8M or 111 % received compared to $3.9M or 97% for FY 2013 -14. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $5.5M or 100% has been collected compared to $4.8M or 98% in FY 2013 -14. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 2.3% from $71.4M to $73.OM. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the ten month period ending July 31 (83% of the fiscal year) are $60.5M that is 83% of the $73.OM expenditure appropriation for FY 2014 -15. The table at the top of Exhibit B displays actual expenditures of $60.5M or 83% of the FY 2014 -15 budget. At this point in the fiscal year, FY2014 -15 spending levels are $2.5M ahead of the $58.OM expended in FY 2013- 14 for this same period. UTILITY FUND The FY 2014 -15 annual expenditure budget of $40.3M represents a $0.7M increase from the FY 2013 -14 budget of $39.6M. The operational forecast reflects a decrease of an estimated $353K to the fund balance for FY 2014 -15. Page 268 of 561 For the ten month period in FY 2014 -15, • Revenues realized are $36.7M (91 %) of the annual budget estimate. • Expenditures incurred are $31.7M (79 %) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $5.OM. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $36.7M in FY 2014 -15 actual revenues and fund balance have increased over the $34.8M in FY 2013 -14, because of the following factors: • Water Sales - $17.2M equivalent to 94% of the annual estimate, compared to $16.1 M or 90% at this point in FY 2013 -14. • Water Service Charge - $760K equivalent to 152% of the annual estimate, compared to $865K or 90% at this point in FY 2013 -14. • Sewer Service - $15.1M equivalent to 88% of the annual estimate, compared to $14.6M or 87% at this point in FY 2013 -14. • In FY 2014 -15, $353K is being forecasted as a decrease to the fund balance, compared to an increase of $ 49K in FY 2013 -14. Expenditures (Exhibit D) — Utility Fund FY 2014 -15 expenditures to date are $31.7M or 79% of the annual appropriation compared to expenditures of $31.5M or 80% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 269 of 561 FY 2014 -15 FY 2013 -14 FY 2015 vs. 2014 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 40,341 $ 36,777 91% $ 39,617 $ 34,835 88% 2% 6% &Transfers Expenditures $(40,341) $(31,697) 79% $(39,617) $(31,516) 80% 2% 1% Excess (Deficit) $ - $ 5,080 $ - $ 3,319 For the ten month period in FY 2014 -15, • Revenues realized are $36.7M (91 %) of the annual budget estimate. • Expenditures incurred are $31.7M (79 %) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $5.OM. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $36.7M in FY 2014 -15 actual revenues and fund balance have increased over the $34.8M in FY 2013 -14, because of the following factors: • Water Sales - $17.2M equivalent to 94% of the annual estimate, compared to $16.1 M or 90% at this point in FY 2013 -14. • Water Service Charge - $760K equivalent to 152% of the annual estimate, compared to $865K or 90% at this point in FY 2013 -14. • Sewer Service - $15.1M equivalent to 88% of the annual estimate, compared to $14.6M or 87% at this point in FY 2013 -14. • In FY 2014 -15, $353K is being forecasted as a decrease to the fund balance, compared to an increase of $ 49K in FY 2013 -14. Expenditures (Exhibit D) — Utility Fund FY 2014 -15 expenditures to date are $31.7M or 79% of the annual appropriation compared to expenditures of $31.5M or 80% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 269 of 561 Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Finance Finance City Manager Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 8/25/2015 ® 9:15 AM 8/25/2015 ® 9:16 AM 8/27/2015 ® 11:33 AM Page 270 of 561 S:A FinanceTinancial Reporl sAlonthly Financial Reporl sTY2014- 2015 \Budget Review - GF - tluu July 15 Smnmrized001 Revenue Summary Revised Page 271o,of 561 FYI 1✓ U!B DJLJZ!PGCPZOUPO!CFBDI - !CabPS EB HFOFSBM2GV OE! 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M. CONSENT AGENDA 9/3/2015 REQUESTED ACTION BY COMMISSION: Approve the change order to increase the Purchase Order 151199 issued to Cliff Berry, Inc. to $71,170.00 for the emergency cleanup of concentrated sulfuric acid due to a leak at the West Water Treatment Plant. EXPLANATION OF REQUEST: On Wednesday August 11, 2015, the West Water Treatment Plant (West WTP) experienced a sulfuric acid leak that was immediately stopped when discovered by isolating the tank. The sulfuric acid release was caused by a broken transfer line within a secondary containment trough located on site. Most of the spill was contained in the trough; however, approximately 250 gallons were released to the ground. No workers, responders or offsite areas or citizens were affected by the release. Due to its high corrosive nature, sulfuric acid is designated hazardous waste by the Environmental Protection Agency (EPA) and requires specialized remediation. The City's emergency response contractor, Clean Harbors Environmental Services Inc., was subsequently contacted for response crews but could not respond due to a lack of available personnel. The secondary contractor, Cliff Berry, Inc. (CBI), was then contacted to facilitate emergency remedial activities. CBI provided a preliminary estimate of $20,000 for remediation procedures but the actual cleanup consisted of several phases as shown below: $71,170.00 Phase 1 is complete; Phase 2 is underway because the storage containers are not permanent and cannot be stored in a containment area allowing them to deteriorate quickly and leak. This type of spill would be considered a regulatory violation. Also, under DEP guidelines, Phase 3 is required to be initiated within 30 days of the occurrence of the spill. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this emergency purchase order increase allows for efficient remediation of the spill via the phases outlined, and within the required regulatory time frames. FISCAL IMPACT: Non - budgeted Services will be charged to: 401 - 2811- 536 -49 -17 ALTERNATIVES: None. Nonperformance of the required phases will result in regulatory Page 275 of 561 Activity Cost Pump out containment troughs into totes Phase 1 Neutralize residuals in containment troughs $41,566.20 Flush troughs and pump into totes Phase 2 Transportation and disposal of acid totes $16,784.00 Phase 3 Removal and stockpiling of sulfuric acid contaminated soil $12,819.80 Disposal of contaminated soil and backf ling $71,170.00 Phase 1 is complete; Phase 2 is underway because the storage containers are not permanent and cannot be stored in a containment area allowing them to deteriorate quickly and leak. This type of spill would be considered a regulatory violation. Also, under DEP guidelines, Phase 3 is required to be initiated within 30 days of the occurrence of the spill. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of this emergency purchase order increase allows for efficient remediation of the spill via the phases outlined, and within the required regulatory time frames. FISCAL IMPACT: Non - budgeted Services will be charged to: 401 - 2811- 536 -49 -17 ALTERNATIVES: None. Nonperformance of the required phases will result in regulatory Page 275 of 561 infractions and safety issues. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: CONTRACTS VENDOR NAME: Cliff Berry, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type D Purchase Order D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Reviewer Utilities Groff, Colin Action Date Approved 8/25/2015 ® 6:20 PM Page 276 of 561 Utilities Assistant City Manager Finance NBI= Groff, Colin Approved Lejeune, Carisse Approved Howard, Tim Approved LaVerriere, Lori Approved Page 277 of 561 PURCHASE ORDER CIT 0 BOYNTON BEACH, FLORIDA PR ``,CUREMENT SERVICES DEPARTMENT 100 AST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 151199 BO 'J'TON BEACH, FLORIDA 33425 -0310 DATE: 08/11/15 VENDOR 10661 TO: CLIFF BERRY INC ENVIR M PO BOX 13079 FT LAUDERDALE, FL 33316 SHIP TO: AL City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 PROCUREMENT SERVICES: P.O. TOTAL: 20000.00 FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE No. 85- 8012621544C -0 IMPORTANT INSTRUCTIONS 7.RENDER SEPARATE INVOICE FOR THIS OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON THE CITY OF BOYNTON BEACH IS EXEMPT FROM PACKAGES, TICKETS, INVOICES, STATEMENTS, AND CORRESPONDENCE. IMMEDIATELY FOLLOWING SHIPMENT. FEDERAL EXCISE TAXES: WHERE TAX APPLIES 2.PREPAID FREIGHT CHARGEABLE TO THE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES T0: CITY OF BOYNTON BEACH MUST BE TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT SUPPORTED BY CARRIER'S RECEIPT. BE FURNISHED UPON REQUEST. P.O. BOX 310 BOYNTON BEACH, FL 33425 -0310 3.INVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL Page 278 of 561 The City of Boynton Beach MEMORANDUM To: Lori LaVerriere City Manager From: Colin Groff, P.E. Director of Utilities Date: August 25, 2015 Subject: West WTP Sulfuric Acid Release 8 -11 -15 On Wednesday August 11, 2015, the West Water Treatment Plant (West WTP) experienced a sulfuric acid leak that necessitated subsequent cleanup. The leak was initially reported to the Chief Operator, Leon Liberus, who visually verified the leak at around 10:45am. The bulk sulfuric acid tank currently online was immediately isolated and the Treatment Operations Manager, Bevis Pigott, was then notified about the leak and need for remedial action. Due to its highly corrosive nature, sulfuric acid is designated hazardous waste by the Environmental Protection Agency (EPA) and requires specialized remediation. The City's emergency response contractor, Clean Harbors Environmental Services Inc., was subsequently contacted for response crews but, due to a lack of available personnel, they could not respond. The secondary contractor, Cliff Berry Inc. (CBI), was then contacted to facilitate remedial activities. After receiving confirmation that response crews were deployed, notification was provided to various agencies as follows: • State Warning Point — notified at 12:24pm on 8/11/15 • Palm Beach County Health Department — 12:28pm on 8/11/15 • Delray Beach Fire Department (Hazmat Response for area) — 12:47pm on 8/11/15. A callback was received at 2:58pm on 8/11/15 and the site visited by Captain Brian Fiorey. • National Response Center — 2:21pm on 8/11/15. This call was made late under the assumption that the State Warning Point would broadcast the incident to the other agencies. The sulfuric acid release was caused by a broken transfer line within a secondary containment Page 279 of 561 Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, Florida 33435 Phone: (561) 742 -6400 Fax: (561) 742 -6298 Website: www.boynton-beach.org MEMORANDUM To: Lori LaVerriere City Manager From: Colin Groff, P.E. Director of Utilities Date: August 25, 2015 Subject: West WTP Sulfuric Acid Release 8 -11 -15 On Wednesday August 11, 2015, the West Water Treatment Plant (West WTP) experienced a sulfuric acid leak that necessitated subsequent cleanup. The leak was initially reported to the Chief Operator, Leon Liberus, who visually verified the leak at around 10:45am. The bulk sulfuric acid tank currently online was immediately isolated and the Treatment Operations Manager, Bevis Pigott, was then notified about the leak and need for remedial action. Due to its highly corrosive nature, sulfuric acid is designated hazardous waste by the Environmental Protection Agency (EPA) and requires specialized remediation. The City's emergency response contractor, Clean Harbors Environmental Services Inc., was subsequently contacted for response crews but, due to a lack of available personnel, they could not respond. The secondary contractor, Cliff Berry Inc. (CBI), was then contacted to facilitate remedial activities. After receiving confirmation that response crews were deployed, notification was provided to various agencies as follows: • State Warning Point — notified at 12:24pm on 8/11/15 • Palm Beach County Health Department — 12:28pm on 8/11/15 • Delray Beach Fire Department (Hazmat Response for area) — 12:47pm on 8/11/15. A callback was received at 2:58pm on 8/11/15 and the site visited by Captain Brian Fiorey. • National Response Center — 2:21pm on 8/11/15. This call was made late under the assumption that the State Warning Point would broadcast the incident to the other agencies. The sulfuric acid release was caused by a broken transfer line within a secondary containment Page 279 of 561 trough located on site. Most of the spill was contained in the trough; however, approximately 250 gallons were released to the ground. No workers, responders or any offsite community or citizens were affected by the release. Cliff Berry provided a preliminary estimate of $20,000 for remediation procedures but the actual cleanup will consist of several phases as shown below: Total $ $71,170.00 Phase 1 is complete and Phase 2 must be completed as soon as possible because the totes are not in a containment area and will deteriorate over time and leak creating additional clean -up costs. There is limited time that the acid can be kept in the totes and we do not believe it can wait until September 3, 2015. If a tote ruptures due to deterioration from the high strength acid, it will be considered a regulatory violation. Also, under DEP guidelines, Phase 3 is required to be initiated within 30 days of the occurrence of the spill. For the reasons listed above, we are requesting approval to proceed with Phase 2 of the project as part of the original emergency response, with Phase 3 to follow shortly thereafter. We are placing the item on the September 3, 2015 consent agenda for ratification by the City Commission. If you have any questions, please contact me at extension 6401 or Bevis Pigott at extension 6420. 2 America's Gateway to the Gulfstream Page 280 of 561 Activity Status Cost Pump out containment troughs into totes Complete Phase 1 Neutralize residuals in containment troughs Complete $41,566.20 Flush troughs and pump into totes Complete Phase 2 Transportation and disposal of acid totes Not started $16,784.00 Removal and stockpiling of sulfuric acid Phase 3 contaminated soil Not started $12,819.80 Disposal of contaminated soil and backfilling Not started Total $ $71,170.00 Phase 1 is complete and Phase 2 must be completed as soon as possible because the totes are not in a containment area and will deteriorate over time and leak creating additional clean -up costs. There is limited time that the acid can be kept in the totes and we do not believe it can wait until September 3, 2015. If a tote ruptures due to deterioration from the high strength acid, it will be considered a regulatory violation. Also, under DEP guidelines, Phase 3 is required to be initiated within 30 days of the occurrence of the spill. For the reasons listed above, we are requesting approval to proceed with Phase 2 of the project as part of the original emergency response, with Phase 3 to follow shortly thereafter. We are placing the item on the September 3, 2015 consent agenda for ratification by the City Commission. If you have any questions, please contact me at extension 6401 or Bevis Pigott at extension 6420. 2 America's Gateway to the Gulfstream Page 280 of 561 Cliff Berry, Incorporated Invoice CBI Environmental Sery ic P.O. Box 13074 Fort Lauderdale, Florida 33316 Wire To: Wells Fargo Bank REMITTANCE ADDRESS ABA No: 121000248 P.O. Box 864468 Acct. No: 2090000097063 ORLANDO, FL 32886 -4468 B1IVSold To CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH FL 33425 -0310 USA fork Order No. PO / Ref No. W0350065 .; 151199; .; .; .. Inv. No.: 1340145 Date: 8/18/2015 Page: 1 Account No.: 41040 Job Site /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH FL 33437 -0000 USA 102 1 FTL INDUSTRIAL M I NET30 I DESCRIPTION QTY / UNIT UNIT PRICE I EXTENDED PRICEI 8/11 /2015 Personnel FIELD CHEMIST (68553) TECHNICIAN HAZMAT TRAINED (68553) DRIVER W /CDL (68553) DRIVER W /CDL (68553) TECHNICIAN HAZMAT TRAINED (68553) FIELD SCIENTIST (68553) PROFESSIONAL GEOLOGIST (68553) FIELD CHEMIST (OT) (68553) TECHNICIAN HAZMAT TRAINED (OT) (68553) DRIVER W /CDL (OT) (68553) TECHNICIAN HAZMAT TRAINED (OT) (68553) FIELD SCIENTIST (OT) (68553) PROFESSIONAL GEOLOGIST (OT) (68553) SENIOR PROJECT MANAGER (68553) SENIOR PROJECT MANAGER (OT) (68553) SUPERVISOR (68553) SUPERVISOR (OT) (68553) DRIVER W /CDL (68553) DRIVER W /CDL (OT) (68553) FOREMAN (68553) FOREMAN (OT) (68553) OFFICE STAFF (68553) DRIVER W /CDL (OT) (68553) 4.00 / Hour 90.00 360.00 4.00 / Hour 48.00 192.00 4.00 / Hour 50.00 200.00 4.00 / Hour 50.00 200.00 4.00 / Hour 48.00 192.00 4.00 / Hour 85.00 340.00 4.00 / Hour 95.00 380.00 3.50 / Overtime 135.00 472.50 3.50 / Overtime 72.00 252.00 1.50 / Overtime 75.00 112.50 3.50 / Overtime 72.00 252.00 3.50 / Overtime 127.50 446.25 3.00 / Overtime 142.50 427.50 4.00 / Hour 135.00 540.00 4.50 / Overtime 202.50 911.25 4.00 / Hour 84.00 336.00 4.50 / Overtime 126.00 567.00 4.00 / Hour 50.00 200.00 3.50 / Overtime 75.00 262.50 4.00 / Hour 60.00 240.00 2.00 / Overtime 90.00 180.00 2.00 / Hour 40.00 80.00 3.50 / Overtime 75.00 262.50 Vehicles /Equipment SERVICE VEHICLE <1 TON (68553) BOX TRUCK (68553) AIR COMPRESSOR. 125CU. FT /MIN CAPACITY (685 PUMP. DOUBLE DIAPHRAGM 3 (STAINLESS) (685! 1.00 / Day 250.00 250.00 1.00 / Day 400.00 400.00 1.00 / Day 150.00 150.00 1.00 / Day 475.00 475.00 Page 281 of 561 Invoice Cliff Berry Incorporate CB1 Environmental ervices F:o. Box 1307-4 Fort Lauderdale, Florida 33316 Wire To: Wells Fargo Bank ABA No: 121000248 Acct. No: 2090000097063 Bill/Sold To REMITTANCE ADDRESS P.O. Box 864468 ORLANDO, FL 32886 -4468 CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH FL 33425 -0310 USA fork Ord No. PO / Ref No. WO350065 .; 151199; .; .; .. Inv. No.: 1340145 Date: 8/18/2015 Page: 2 Account No.: 41040 Job Site /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH FL 33437 -0000 USA 102 MORIN Vehicles /Equipment SERVICE VEHICLE <1 TON (68553) SERVICE VEHICLE >1 TON (68553) SERVICE VEHICLE <1 TON (68553) ROLLOVER EMERGENCY RESPONSE SUPPLY TRH HOSE, SUCTION HOSE 3 CHEMICAL SERVICE (68: Supplies TOTE. 275 GAL POLY TOTE (68553) MISCELLANEOUS HAND TOOLS (68553) PLASTIC SHEETING (20'X100') (68553) STRESS MANAGEMENT LIQUIDS (PER MAN) (6855 LABELS (68553) SUITS. TYVEK COVER -ALL (68553) SUIT, ACID RESISTANT (PER DAY) (68553) GLOVES: PVC (68553) GLOVES: NITRILE (BOX OF 100) (68553) BOOTS: CHEMICAL (68553) FULL FACE RESPIRATOR (68553) RESPIRATOR CARTRIDGES (OV /AG) (68553) DUCT TAPE 2" ROLL (68553) 8/12/2015 Personnel FOREMAN (68757) TECHNICIAN HAZMAT TRAINED (68757) SUPERVISOR (68757) FIELD SCIENTIST (68757) FOREMAN (OT) (68757) TECHNICIAN HAZMAT TRAINED (OT) (68757) SUPERVISOR (OT) (68757) FIELD SCIENTIST (OT) (68757) 1.00 / Day 1.00 / Day 1.00 / Day 1.00 / Day 200.00 / Feet 15.00 / Each 1.00 / Day 1.00 / Each 11.00 / Each 20.00 / Each 6.00 / Each 3.00 / Each 6.00 / Pair 1.00 / Each 3.00 / Pair 3.00 / Set 3.00 / Set 1.00 / Each FTL INDUSTRIAL M 7.50 / Hour 7.50 / Hour 7.50 / Hour 8.00 / Hour 1.00 / Overtime 1.00 / Overtime 1.00 / Overtime 1.50 / Overtime 250.00 250.00 250.00 375.00 1.75 275.00 75.00 165.00 10.00 1.25 15.00 90.00 5.00 20.00 50.00 18.00 30.00 8.40 60.00 48.00 84.00 85.00 90.00 72.00 126.00 127.50 N ET30 250.00 250.00 250.00 375.00 350.00 4,125.00 75.00 165.00 110.00 25.00 90.00 270.00 30.00 20.00 150.00 54.00 90.00 8.40 450.00 360.00 630.00 680.00 90.00 72.00 126.00 191.25 Page 282 of 561 CB1 Miff Berry, Incorporated Invoice Environmental Services P.O. Box 13079 Fort Lauderdale, Florida 33316 Wire To: Wells Fargo Bank REMITTANCE ADDRESS ABA No: 121000248 P.O. Box 864468 Acct. No: 2090000097063 ORLANDO, FL 32886 -4468 BiIVSold To CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH FL 33425 -0310 USA Job Site /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH FL 33437 -0000 USA Work Order No. PO / Ref No. Salesl2erson CBI Facility Terms WO350065 ; 151199; .; .; .. 102 FTL INDUSTRIAL M NET30 DESCRIPTION QTY / UNIT UNIT PRICE EXTENDED PRICE Personnel DRIVER W /CDL (68757) 4.00 / Hour 50.00 200.00 OFFICE STAFF (68757) 2.00 / Hour 40.00 80.00 Vehicles /Equipment SERVICE VEHICLE <1 TON (68757) 1.00 / Day 250.00 250.00 SERVICE VEHICLE >1 TON (68757) 1.00 / Day 250.00 250.00 ROLLOVER EMERGENCY RESPONSE SUPPLY TRj 1.00 / Day 375.00 375.00 AIR COMPRESSOR, 125CU. FT /MIN CAPACITY (687 1.00 / Day 150.00 150.00 PUMP. DOUBLE DIAPHRAGM 3 (STAINLESS) (687: 1.00 / Day 475.00 475.00 HOSE, SUCTION HOSE 3 CHEMICAL SERVICE (68' 200.00 / Feet 1.75 350.00 BOX TRUCK (68757) 0.50 / Day 400.00 200.00 Supplies MISCELLANEOUS HAND TOOLS (68757) 1.00 / Day 75.00 75.00 STRESS MANAGEMENT LIQUIDS (PER MAN) (6875' 4.00 / Each 10.00 40.00 PLASTIC SHEETING (20'X100') (68757) 1.00 / Each 165.00 165.00 DUCT TAPE 2" ROLL (68757) 1.00 / Each 8.40 8.40 SUITS, TYVEK COVER -ALL (68757) 4.00 / Each 15.00 60.00 SUIT, KAPLAR MAX 2 COVER -ALL (BOUND) (687.' 4.00 / Each 40.00 160.00 GLOVES: PVC (68757) 3.00 / Pair 5.00 15.00 BOOTS: CHEMICAL (68757) 2.00 / Pair 50.00 100.00 FULL FACE RESPIRATOR (68757) 2.00 / Day 18.00 36.00 RESPIRATOR CARTRIDGES (OV /AG) (68757) 2.00 / Set 30.00 60.00 8113/2015 Personnel FOREMAN (68758) 8.00 / Hour 60.00 480.00 TECHNICIAN HAZMAT TRAINED (68758) 8.00 / Hour 48.00 384.00 SUPERVISOR (68758) 8.00 / Hour 84.00 672.00 TECHNICIAN HAZMAT TRAINED (68758) 8.00 / Hour 48.00 384.00 FOREMAN (OT) (68758) 2.50 / Overtime 90.00 225.00 TECHNICIAN HAZMAT TRAINED (OT) (68758) 0.50 / Overtime 72.00 36.00 Page 283 of 561 Inv. No.: 1340145 Date: 8/18/2015 Page: 4 Account No.: 41040 Wire To: Wells Fargo Bank REMITTANCE ADDRESS ABA No: 121000248 P.O. Box 864468 Acct. No: 2090000097063 ORLANDO, FL 32886 -4468 Bill/Sold To CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH FL 33425 -0310 USA PO / Ref No. Job Site /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH FL 33437 -0000 USA W0350065 I .; 151199; .; .; .. I 102 I FTL INDUSTRIAL M I NET30 I DESCRIPTION QTY / UNIT UNIT PRICE I EXTENDED PRICE.) Personnel SUPERVISOR (OT) (68758) TECHNICIAN HAZMAT TRAINED (OT) (68758) DRIVER W /CDL (68758) DRIVER W /CDL (OT) (68758) FIELD SCIENTIST (68758) FIELD SCIENTIST (OT) (68758) OFFICE STAFF (68758) Vehicles /Equipment SERVICE VEHICLE <1 TON (68758) SERVICE VEHICLE >1 TON (68758) ROLLOVER EMERGENCY RESPONSE SUPPLY TRH AIR COMPRESSOR,125CU. FT /MIN CAPACITY (687 PUMP, DOUBLE DIAPHRAGM 3 (STAINLESS) (687: HOSE. SUCTION HOSE 3 CHEMICAL SERVICE (68* TRACTORW/WINCH (68758) VACUUM TRAILER (6,000 GAL S/S) (68758) Supplies MISCELLANEOUS HAND TOOLS (68758) STRESS MANAGEMENT LIQUIDS (PER MAN) (6875; DUCT TAPE 2" ROLL (68758) SUITS. TYVEK COVER -ALL (68758) SUIT, KAPLAR MAX 2 COVER -ALL (BOUND) (687; GLOVES: PVC (68758) BOOTS: CHEMICAL (68758) FULL FACE RESPIRATOR (68758) RESPIRATOR CARTRIDGES (OV /AG) (68758) GLOVES: NITRILE (BOX OF 100) (68758) TOTE, 275 GAL POLY TOTE (68758) 0.50 / Overtime 126.00 63.00 0.50 / Overtime 72.00 36.00 8.00 / Hour 50.00 400.00 0.50 / Overtime 75.00 37.50 8.00 / Hour 85.00 680.00 2.00 / Overtime 127.50 255.00 2.00 / Hour 40.00 80.00 1.00 / Day 250.00 250.00 1.00 / Day 250.00 250.00 1.00 / Day 375.00 375.00 1.00 / Day 150.00 150.00 1.00 / Day 475.00 475.00 200.00 / Feet 1.75 350.00 8.50 / Hour 45.00 382.50 8.50 / Hour 65.00 552.50 1.00 / Day 75.00 75.00 6.00 / Each 10.00 60.00 1.00 / Each 8.40 8.40 6.00 / Each 15.00 90.00 4.00 / Each 40.00 160.00 5.00 / Pair 5.00 25.00 2.00 / Pair 50.00 100.00 2.00 / Day 18.00 36.00 2.00 / Set 30.00 60.00 1.00 / Each 20.00 20.00 3.00 / Each 275.00 825.00 8/17/2015 Page 284 of 561 Invoice CB1 Miff 8r6 Incorporated Environmental Service P.O Box 13079 Fort Lauderdale, Florida 33316 Wire To: Wells Fargo Bank REMITTANCE ADDRESS ABA No: 121000248 P.O. Box 864468 Acct. No: 2090000097063 ORLANDO, FL 32886 -4468 BIIVSold To CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH FL 33425 -0310 USA Inv. No.: 1340145 Date: 8/18/2015 Page: 5 Account No.: 41040 Job Site /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH FL 33437 -0000 USA Work Order No. PO / Ref No. Salesperson CBI Facility Terms WO350065 .; 151199; .; .; .. 102 1 FTL INDUSTRIAL M I NET30 DESCRIPTION QTY / UNIT UNIT PRICE I EXTENDED PRICE Personnel FOREMAN (68806) 6.00 / Hour 60.00 360.00 TECHNICIAN HAZMAT TRAINED (OT) (68806) 1.00 / Overtime 72.00 72.00 SUPERVISOR (OT) (68806) 2.50 / Overtime 126.00 315.00 TECHNICIAN HAZMAT TRAINED (68806) 6.00 / Hour 48.00 288.00 TECHNICIAN HAZMAT TRAINED (68806) 6.00 / Hour 48.00 288.00 STAFF CHEMIST (68806) 2.00 / Hour 90.00 180.00 OFFICE STAFF (68806) 1.00 / Hour 40.00 40.00 TECHNICIAN HAZMAT TRAINED (68806) 6.00 / Hour 48.00 288.00 SUPERVISOR (68806) 6.00 / Hour 84.00 504.00 FOREMAN (OT) (68806) 1.00 / Overtime 90.00 90.00 TECHNICIAN HAZMAT TRAINED (OT) (68806) 1.00 / Overtime 72.00 72.00 TECHNICIAN HAZMAT TRAINED (OT) (68806) 1.00 / Overtime 72.00 72.00 Vehicles /Equipment SERVICE VEHICLE >1 TON (68806) 1.00 / Day 250.00 250.00 SERVICE VEHICLE <1 TON (68806) 1.00 / Day 250.00 250.00 Supplies MISCELLANEOUS SUPPLIES (68806) 1,500.00 / Pound 1.32 1,980.00 MISCELLANEOUS HAND TOOLS (68806) 1.00 / Day 75.00 75.00 STRESS MANAGEMENT LIQUIDS (PER MAN) (6880 5.00 / Each 10.00 50.00 GLOVES: PVC (68806) 4.00 / Pair 5.00 20.00 GLOVES: NITRILE (BOX OF 100) (68806) 1.00 / Box 20.00 20.00 DUST MASK (20 PER BOX) (68806) 1.00 / Box 36.00 36.00 SUITS, TYVEK COVER -ALL (68806) 8.00 / Each 15.00 120.00 8/18/2015 Personnel FOREMAN (69073) 6.25 / Hour 60.00 375.00 SUPERVISOR (69073) 6.25 / Hour 84.00 525.00 TECHNICIAN HAZMAT TRAINED (69073) 6.25 / Hour 48.00 300.00 TECHNICIAN HAZMAT TRAINED (69073) 6.25 / Hour 48.00 300.00 Page 285 of 561 Inv. No.: 1340145 Date: 8/18/2015 Acct. No: 2090000097063 ORLANDO, FL 32886 -4468 Page: 6 Account No.: 41040 ia Bill/Sold To Job Site /Ship To: CITY OF BOYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH UTILITIES FINANCIAL SERVICES DEPARTMENT 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH FL 33425 -0310 USA BOYNTON BEACH FL 33437 -0000 USA Work Order No. PO / Ref No. Salesperson CBI Facility Terms W0350065 ; 151199; .; .; .. 102 FTL INDUSTRIAL M NET30 DESCRIPTION QTY / UNIT UNIT PRICE EXTENDED PRICE Personnel DRIVER W /CDL (69073) 6.25 / Hour 50.00 312.50 FOREMAN (OT) (69073) 2.75 / Overtime 90.00 247.50 SUPERVISOR (OT) (69073) 3.75 / Overtime 0.00 0.00 TECHNICIAN HAZMAT TRAINED (OT) (69073) 2.75 / Overtime 72.00 198.00 TECHNICIAN HAZMAT TRAINED (OT) (69073) 2.75 / Overtime 72.00 198.00 DRIVER W /CDL (OT) (69073) 6.25 / Overtime 75.00 468.75 OFFICE STAFF (69073) 1.00 / Hour 40.00 40.00 Vehicles /Equipment SERVICE VEHICLE >1 TON (69073) 1.00 / Day 250.00 250.00 TRACTOR W/WINCH (69073) 12.50 / Hour 45.00 562.50 VACUUM TRAILER (6.000 GAL S /S) (69073) 12.50 / Hour 65.00 812.50 SERVICE VEHICLE <1 TON (69073) 1.00 / Day 250.00 250.00 HOSE, SUCTION HOSE 3 CHEMICAL SERVICE (691 200.00 / Feet 1.75 350.00 PH METER (69073) 1.00 / Day 20.00 20.00 Supplies MISCELLANEOUS HAND TOOLS (69073) 1.00 / Day 75.00 75.00 STRESS MANAGEMENT LIQUIDS (PER MAN) (6907: 5.00 /Each 10.00 50.00 GLOVES: PVC (69073) 1.00 / Pair 5.00 5.00 GLOVES: NITRILE (BOX OF 100) (69073) 1.00 /Box 20.00 20.00 Disposal NR Industrial water (69073) 3,350.00 / Gallon 0.55 1,842.50 Comments: Subtotal: 41,566.20 CONDITIONS OF SALE: Total Sales Tax: 0.00 1. A CHARGE OF 1 -1/2% PER MONTH, 18% PER ANNUM WILL BE ADDED MONTHLY TO BALANCES UNPAID 30 DAYS AFTER DATE OF INVOICE. 2. COLLECTION COSTS AND /OR REASONABLE ATTORNEY FEES WILL BE DUE IN Total Amount: $41,566.20 THE EVENT ANY COLLECTION PROCESS BECOMES NECESSARY. Page 286 of 561 W= Ft. Lauderdale Miami Ft;. Pierce 1954) 763 -3390 (305) 638 -0520 (772) 466 -4063 Send Invoice To: CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT' "' "BOY NTON BEACH, FL 33425 -0310 x Tampa (813) 626 -6533 Sale, erson: 102 Director /Facility Mgr: Service Type: DISPOSAL EMERGENCY Canaveral Jacksonville Orlando (321) 639 -4199 (904) 356 -5516 (407) 770 -5769 Location /Generator/Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL, 33437 -0000 Contact Name: LEON LIBERUS Phone Number: 561- 742 -6953 Department Location: FTL INDUSTRIAL MAINT Scheduled Date of Work: 8/11/2 Scheduled Time: EMERGENCY.RESPONSE SULFURIC ACID 14:00 Method of Payment: CIA j Time Started: Time Left Yard: t Date: Time Arrived On Site: Time Left Site: Dare: 11 14 Time Arrived At Yard: Time Stopped: Date: -' Description QTY / UNIT Unit Price Extended price Personnel DRIVER W /CDL - (68553) Wright, Errol /Hour DRIVER W /CDL - (68553) Esterline, Scott /Hour FIELD CHEMIST - (68553) Pritchard, Travis Michael /Hour PROFESSIONAL GEOLOGIST - (68553) Devlin, /Hour Bernard PROFESSiONAL GEOLOGIST - (68553) Fagerholt, /Hour Per TECHNICIAN HAZMAT TRAINED - (68553) Mortimer, /Hour Wilkens TECHNICIAN HAZMAT TRAINED - (68553) /Hour PERSONNEL, TRAINED Authorized Signature:_ Date: t ;A Print Name: Title: TERMS & CONDITIONS: Customer agrees that work has been performed satisfactorily. Payment is due upon completion of services. Where CBI extends credit, a charge of 1 -1/2% per month, 18% per annum, will be added to balances unpaid 30 days after date of invoice. Collection costs and /or reasonable attorney's fees will be due in the event any collection process becomes necessary. This is not an invoice, but merely an estimate of charges. Applicable taxes, tariffs and fuel surcharges will be forwarded on invoice. Page 287 of 561 Ft. Lauderdale Miami Ft. Pierce Tampa Canaveral Jacksonville Orlando (954) 763 -3390 (305) 638 -0520 (772) 466 -4063 (813) 626 -6533 (321) 639 -4199 (904) 356 -5516 (407) 770 -5769 Send Invoice To: CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH, FL 33425 -0310 Salesperson: 102 Director /Facility Mgr: Service Type: DISPOSAL EMERGENCY Department Location: FTL INDUSTRIAL MAINT Location /Generator /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL, 33437 -0000 Contact Name: LEON LIBERUS Phone Number: 561 - 742 -6953 Scheduled Date of Work: 8/11/2015 Scheduled Time: 14:00 Method of Payment: Vehicles /Equipment AIR COMPRESSOR, 125CU. FT /MIN CAPACITY - (68553) ry x PUMP, DOUBLE DIAPHRAGM 3 (STAINLESS) - (68553) SERVICE VEHICLE <1 TON - (68553) j 0 � � f38'`TFCI (6855 Supplies TOTE, 275 GAL POLY TOTE (68553) ffi f }- Y eo Authorized Signature: Print Name: /Day /Day /Day /Hour /Each N"A Date: Title: TERMS & CONDITIONS: Customer agrees that work has been performed satisfactorily. Payment is due upon completion of services. Where C31 extends credit, a charge of 1 -1/2% per month, 18% per annum, will be added to balances unpaid 30 days after date of invoice. Ccilection costs and/or reasonable attorney's fees will be due in the event any collection process becomes necessary. This is not an invoice, but merely an estimate of charges. Applicable taxes, tariffs and fuel surcharges will be forwarded on invoice. Page 288 Of 561 Cliff Berry, Incorporated Environmental Services po. Box 130ny Ft. Lauderdale, pLsa1a 1800 899 7745 ' Page 1of1 ��f�� e�u�� o�Ordor� Purchase Order Ft. Lauderdale Miami Ft. Pierce Tampa Canaveral Jacksonville Orlando (954) 763-3390 (305) 638-0520 (772) 466-4063 (813) 626-6533 (321) 639-4199 (904) 356-5516 (407) 770-5769 ;end Invoice To: CITY OF8OYNTDN BEACH, FLORIDA FINANCIAL SERV DEPARTMENT BOYNTON BEACH, FIL 33425-0310 Salesperson: 102 Director0Fac|ityMoc Service Type: D|8PO8ALREMED|AT|ON Location/Generator/ShipTo: CITY OFBOYNTON BEACH UTILITIES S409 WEST BOYNTON BEACH BOULEVARD BDYNTON BEACH, FL, 33437-0000 CuntaoName:LEONL|8ERUG Phone Number: 5G1-742-GQ63 � Department Location: FTL |NDUGTR|ALMANT Scheduled Date of Work: 8/18/2015 Scheduled Time: 08:00 Method of Payment: NET30 � OUT TRENCH Desc Personnel FOR -K6SD73\Jones.Beningbon SUPERV '(G0073) Devlin, Bernard ' TECHNICIAN Saouns. � ` ' ~ Pedro ` TECHNICIAN HA2K8AT TRA -(89D73) Vehic!ea/Equipnnent ~ SERVICE VEHICLE >1 TON - (69073) QTY /UNIT Unit Price Extended price /moup�� /Hour - /Hour ^ /Hour �- ` /Day �� Authorized Signature: Date: Print Name: Tide: TERMS &CONDITIONS: Customer agrees that work has been p erformed satisfadoh|y, Payment ix due upon completion ofservices. Where CBI extends credit, a charge of1'1/2Y6 per month, 18% per annum, will ba added to balances unpaid 3O days after date ofinvoice. Collection costs and/or reasonable attorney's fees will be due in the event any collection process becomes necessary. This io not on invoice, but Applicable �ari��andfue|nun:hargouwiUbefonwerdedoninvnice ' � ' . Page 289Of561 - rime Arrived On Site: Time Left Site: Date: s/ ksg Time Arrived At Yard: Time Stopped: i ia, Desc Personnel FOR -K6SD73\Jones.Beningbon SUPERV '(G0073) Devlin, Bernard ' TECHNICIAN Saouns. � ` ' ~ Pedro ` TECHNICIAN HA2K8AT TRA -(89D73) Vehic!ea/Equipnnent ~ SERVICE VEHICLE >1 TON - (69073) QTY /UNIT Unit Price Extended price /moup�� /Hour - /Hour ^ /Hour �- ` /Day �� Authorized Signature: Date: Print Name: Tide: TERMS &CONDITIONS: Customer agrees that work has been p erformed satisfadoh|y, Payment ix due upon completion ofservices. Where CBI extends credit, a charge of1'1/2Y6 per month, 18% per annum, will ba added to balances unpaid 3O days after date ofinvoice. Collection costs and/or reasonable attorney's fees will be due in the event any collection process becomes necessary. This io not on invoice, but Applicable �ari��andfue|nun:hargouwiUbefonwerdedoninvnice ' � ' . Page 289Of561 Emergency Contact Telephone Number 3E @800- 451 -8346 41 4 -HAZARDOUS �V�'li A TE MANIFEST 3. N.,me rind Mailing AAA— FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH, FL 33425 -0310 1. Generator's US EPA ID No. Manifes Document FLCESQG 69073 4. Phone 561 - 742 -6953 5. Transporter 1 Company Name C l i ff Berry (DANIA) 7. Transporter 2 Company Name 9. Designated Facility Name and Site Address CLIFF BERRY DISPOSAL 3033 NW NORTH RIVER DRIVE, MIAMI, FL, 33142 6. USA EPA ID Number FLR 00 00 83071 8. USA EPA ID Number 10. USA EPA ID Number FLD058560699 Its t 4 DISPOSAL REMEDIATION FTL INDUSTRIAL MAINT A. Transporter's Phone 9 54 - 763 -3390 B. Transporter's Phone C. Facility's Phone 800- 899 -7745 15. Special Handling Instructions and Additional Information MUST CHECK pH PRIOR TO LOADING. AND CONSISTENTLY WHILE LOADING. 16. CERTIFICATION: This is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulation of the Department of Transportation. I certify the materials decribed above on this manifest are not subject to federal regulations for reporting proper disposal of Hazardous Waste. inted/Typed Name ignatur == '. Otte Month Day Year 17. Transporter 1 Acknowledgement of Receipt of Materials e Printed/Typed Name kA J n _ e monthl bnT Year ITE - ACCOUNTING / GREEN - TRANSPORTER 1 / YELLOW /TRANSPORTER 2 / PINK - FACILITY / GOLD - CUSTOMER Page 290 of 561. 12. Containers 13. 'I4. Total Unit No, Type Quantity WUVoI a Non - Hazardous Liquid (NEUTRALIZED SULFURIC ACID), 1 TT w G 7 7 - § I G-1 1 4 D. Additional Descriptions for Materials Listed Above E. Pickup Location NR Industrial water CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 33437 -0000 15. Special Handling Instructions and Additional Information MUST CHECK pH PRIOR TO LOADING. AND CONSISTENTLY WHILE LOADING. 16. CERTIFICATION: This is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulation of the Department of Transportation. I certify the materials decribed above on this manifest are not subject to federal regulations for reporting proper disposal of Hazardous Waste. inted/Typed Name ignatur == '. Otte Month Day Year 17. Transporter 1 Acknowledgement of Receipt of Materials e Printed/Typed Name kA J n _ e monthl bnT Year ITE - ACCOUNTING / GREEN - TRANSPORTER 1 / YELLOW /TRANSPORTER 2 / PINK - FACILITY / GOLD - CUSTOMER Page 290 of 561. 'CBI Cliff Berry, Incorporated Environmental Services P.O. Box 13079 Ft. Lauderdale, FL 33316 1 800 899 7745 Page 1 of 1 Work Order #: 350 05 Purchase Order #: Ft. Lauderdale Miami Ft. Pierce Tampa Canaveral Jacksonville Orlando (954) 763 -3390 (305) 638 -0520 (772) 466 -4063 (813) 626 -6533 (321) 639 -4199 (904) 356 -5516 (407) 770 -5769 Send Invoice To: CITY OF BOYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BOYNTON BEACH, FL 33425 -0310 Salesperson: 102 Director /Facility Mgr: Service Type: DISPOSAL REMEDIATION Location /Generator /Ship To: CITY OF BOYNTON BEACH UTILITIES 5469 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL, 33437 -0000 Contact Name: LEON LIBERUS Phone Number: 561 - 742 -6953 Department Location: FTL INDUSTRIAL MAINT Scheduled Date of Work: 8/12/2015 Scheduled Time: /Hour /Hour /Hour /Hour 08:00 Description of Service /lnstructians: PUMP SULFURIC ACID INTO TOTES Work Site Remarks: Time Started: Time Left Yard: Date: Time Arrived On Site: Time Left Site: Date: Time Arrived At Yard: Time Stopped: Date: Description QTY / UNIT Unit Price Extended price Personnel FOREMAN - (68757) SUPERVISOR - (68757) TECHNICIAN HAZMAT TRAINED - (68757) TECHNICIAN HAZMAT TRAINED - (68757) Vehicles /Equipment SERVICE VEHICLE <1 TON - (68757) /Day Authorized Signature: Date: Print Name: Title: Method of Payment: NET30 TERMS & CONDITIONS: Customer agrees that work has been performed satisfactorily. Payment is due upon completion of services. Where CBI extends credit, a charge of 1 -1/2% per month, 18% per annum, will be added to balances unpaid 30 days after date of invoice. Collection costs and/or reasonable attorney's fees will be due in the event any collection process becomes necessary. This is not an invoice, but merely an estimate of charges. Applicable taxes, tariffs and fuel surcharges will be forwarded on invoice. Page 291 Of 561 IF A Cliff Berry; Incorporated C B Services P.O. Box 13079 Ft. Lauderdale, FL 33316 1 800 899 7745 Page 1 of ��MM&�� w�� N��O�ar� Ft. Lauderdale Miami Ft. Pierce Tampa Canaveral Jacksonville Orlando (954) 763-3390 (305) ' 20 (772) 466-4063 (813)G36-G533 (321) 633-4199 (904) 356-5516 (407)77V-57S9 C|TYOFBOYNTDN BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT B{}YNTDN BEACH, FL33425-O31O CITY-10F BOYNTON BEACH UTILITIES 54O9 WEST BOYNTON BEACH BOULEVARD , BOYNTON BEACH, FL, 33437-0000 ContacNema:LB]NL|BERUG Phone Number: 561-742-6953 Salesperson: 102 Oirecbor/Faci|Uy��gr �� Service Type O4SPOGALREMEDIATION Scheduled Date of Work: 8/13/2015 Scheduled Time: Method of Payment: NET30 , � PUMP SULFURIC ACID INTO TOTES Time Started: Time Left Yard: Date: Time Arrived OnSite: ThneLe�8�s Date: | Time 7lm�Sb�po�d� � Date: | / ' | Description -' QTY /UNIT Unit Price Extended price Personnel FOREMAN _(G /Hour SUPERVISOR '(G8758) /Hour TECHNICIAN HAZK8AT TRAINED -(S8758) ~~~� �' /Hour TECHNICIAN HAZMAT TRAINED '(G8758) /Hour Vehicles/Equipment SERVICE VEHICLE <1 TON -(G8758)�-- �� /Day " ' �� j,�� n��, Authorized Signature: � --_� Print N Ti t Ieu TERMS &cumV|||omu: Customer agrees that work has been performed satisfactorily. Payment in due upon completion nfservices. Where CBI extends credit, o charge of1'1/296pormonth.18%perannum.wiUboaddodtoba|ancoounpaid3Odaysafterdahoofinvoios. Collection costs and/or reasonable attorney's fees will be due in the event any collection process becomes necessary, This in not an invoice, but merely an estimate ofohorgeo Applicable tari��andfue|oumhargonwiUbnfonvondadoninvoioe � ' . Page 292Of561 - � Page 1 of 1 °�. �� ~ Wo�O�er� � � WORK ORDER PurchooeOrder#: ~ Ft. Lauderdale Miami Ft. Pierce Tampa Canaveral JmmksmmwiUw Orlando (964) 763-3390 (305) 638-0520 (772) 466-4063 (813) 626-6533 (321)639-419g (9O4)3S6-551G (407) 770-5769 iand|nv6ice CITY {)F8OYNTON BEACH, FLORIDA FINANCIAL SERVICES DEPARTMENT BDYNTDN BEACH, FL33425-O310 Saiesperson: 102 Director/Facility Mgr: _ hip To: CITY OF BOYNTON BEACH UTILITIES ~ � 54G8 WEST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FL 33437-0000 ^ � Contact Name: LEON L|BERUS | � / phor=m..",ho,- r�r,1-7A`)'Ao1;'4 Service Type: DISPOSAL REMEDIATION Department Location: I NDUSTRIAL MAINT Scheduled Date of Work: NA/2015 Scheduled Time: Method of Payment: NET30 ' CLEAN-UPZ Time Started: Timp. Arrived On Site: Time Arrived At Yard: Description Personnel '^ Time Left Yard: Time Left Site: Time : QTY /UNIT Date Date: 4 Unit Price Extended price FOREMAN '(68808)��A f��'�� /Hour � SUPERVISOR -(G880G)��*�w��.� �� — /Hour -__– TECHNICIAN HAZK8ATTRA|NEO ' (88806) /Hour -^ AT TRAINED -(G88O8) /Hour |pnmmnt SERVICE VEHICLE <1 TON - (G 88 OS) , �� /Day Supplies MISCELLANEOUS SUPPLIES -(688O8) /Pound Authorized Signature: F Date: Print Name: v TERMS & CONDITIONS: Customer ag ees that work has been performed satisfactorily. Payment is due upon completion of services. Where CBI extends credit, a charge of 1-1/2% per month, 18% per annum, will be added to balances unpaid 30 days after date of invoice. Collection costs and/or reasonable attorney's fees will be due in the event any collection process becomes necessary, This is not an o/vmv:, but merely un estimate mcharges. Applicable taxes, tariffs and fuel surcharges will be forwarded on invoice. Page 293 Of 561 Ui vst ebz!Bvhvt X124- !3126! Customer :! ! Cpzoipo!Cf bdi !Vyr)4f t !— !Dja!pdCpzoipo!Cf bdi ! Contact:! ! Cf vyt !Qjhpul— !Ejvytjpo!N bobhf s! Phone #:! ! 672 /853 /7531 !!!EmaiMgjhpucA ccg1vt Address:! ! 235!F/!X ppraalhi dSpbe! ! ! Cpzoipo!Cf bdi - !GM44546! Proposal Sent Via:! Fn bjrH Cf vyt ; DrjW Cf ssz -! .bd/! )DC.f! i bt! cf f o! pgg joh! dpn qsf i f otjvi ! Fovyspon f oLbrhTf svydf t ! Ts! p\Af s! guvf ! of dbef t! cz! dpn cjojoh! gspuvf o! if di ojdbrrf yqf ajt f ! boe! gsperfnn !t prnjoh! gspgdjf odz /! X f ! i buvf !t vggpsf e! pvs! dvt ipn f st !jo! of uvf rpgjoh!dpt df gg dyvAf !t prmypot !Ts!brrhpdu f js!f ovyspon f oibrhf r vjsf n f opt M DrjWCf ssz- !.bd/!)DCr!jt!grfibtf e!ip!gspvyef !zpv!xju !b!qf stpobrof e!g1djoh!gspqptbrhp!f yf dvif !u f !Tnpxjoh! Tdpqf !pdX psl !sf g sf odf e!cf rpx ;! Scope of Work:! CBI's crew #1 will load & transport! gpn ! u f ! Cpzoipo! Cf bdi ! Cbdj* -! )9 *! Qpm! Upif t! dpoibjojoh! Tvrq(Id! Bdje! ip! u f ! Tpvu ! Df oubrhSf hjpobrhX bt if x bd s! Usf bin f oil Qrbod rpdbif e!bd2912!Opsii !Dpohsf tt !jo!Ef rEbz!Cf bdi - !GNVPodf !bs�\Af e!po!tjif -!dsf x !$3!xjrrh ubot g s!u f !f t yn bd e!2 -711 !hbnpot !pggspevdugpn W f !ef rjovf sf e!ipif t !joip!u f !f yjt yoh! 2-711! hbnpo! epvcrfi! x brrfie! ibol 1!,b! beejypo! ip! u f ! ubot g s! pg u f ! n bd Ibrh bvyoh! cf f o! gi rm! f yf dvif e! u f ! qsf vypvt ! ebz -! DCJ x jrrW urso! ip! u f ! t jif ! ip! sf n p\Af !' ! ejt qpt f ! pg u f ! f yqf oef e!ipif t !rpdbif e!bdd f !X bt if x bd s!Usf bin f odQrboLi!!! Project Cost: Npbe- !Usbot gpsL+!Usbot g s- !boe!Sf n p\Abrtpg)9 *!Tvrq(Id!Bdje!Upif t! 0 /35-895/11! Ejt qpt brtpddpoibn jobd eft vrg(Id!bdje!ipif t !.!+°/b2- 611/11 !(If bdi ! +!Usbot gpsbypo!' !Ejt qpt brrpoipLf t !rpdbif e!buu f !Cpzoipo!Cf bdi !Cbdjr)u! —!f t qn bd e!9! vojd !po.tjif ! Terms & Conditions: 2/ Podf W f !gsp4# dui bt !cf f o!bddf qif e!boe!dpogsn f e!ip!DCJg)s!f yf dvypo -!x f !t i brrht di f evrfi!u jt !gsp4# du po!b!n vurbrm!bhsf f bcrfi!ebif !xju Vn jojn vn !pdj\Af !)6 *!cvtjof t t !ebzt !rfibe!yn f /! 3/ Brrhx bt if ! xjrnccf ! n bojg t J e! )bdurbrhr vboyv' * -! ubot gpsf e! boe! ejt qpt f e! pd jo! bddpsebodf ! xju ! brrh Gf of sbr+tTibd !boe!NpdbrW hvrbgpot /! 4/ Pvs! sbif t! bsf ! cbt f e! po! b! N poebz! u s✓! Glebz! 1911! —! 2811! x psl x f f I /! JJ x f f I f oe! x psl ! boeQ)s! t f dpoeQi jse! t i jgl x psl ! jt ! sf r vjsf e! boe! bvu psj{ f e -! p\Af sjn f ! sbif t ! x jrdmf ! di bshf e! bd pof ! boe! b! i brg t ubjhi Glyn f !sbif t !boe!epvcrfi!po!pct f ad e!hp\Af son f odi prjrebzt /! 5/ Ujt ! u f ! customer's! sf t qpot jcjrjm! Ts! gbzn f oil pd boz! voTsf t f f o! ibsjgq -! g f t -! ibyf t -! boe! vof yqf dd e! ben jojt ubyuvf !dpt d !x i jdi ! DCJi bt !jodvssf e!jo!u f !f yf dvypo!pdu jt !gsp4# dd! Boz!beejypobrhj f )t It i brrh cf !joejdbif e!bt Vt f gbsbif !rjmf !jif n !po!u f !gobr4ovPjdf /! 6/ B! gif M vsdi bshf ! t i brncrf ! beef e! ip! brehjovpjdf t !jo! bddpsebodf ! x ju ! u f ! "National Average Diesel Fuel Index"/! „1 e°' PC P '1" Iq:. � � ,.�P d, , „, rse. t. lht,ipl, �.t� ,.� 1,.,, ,. ,<,',., ' =h e�E�, ,.,./,./'./,�,.'.! i. i � „ .s...J: 6 7414 [,r e` J. 6 l q`, ........� . �. 1..s 1 1 ....s :f[ Page 294 of 561 7/ B! t jhof e! Qsdi bt f ! P sef s-! Kpc! Bvii pl{ bypo! Gpsn ! ps! u jt ! Qspgpt btt ! bdl opx rfiehjoh! bhsf f n f oil x ju ! u f V s1 t !boe!dpoejypot !pdu jt !epdvn f odboe!jt !sf r vjsf e!glps!ip!lpc!dpn o f odf o f ou! 8/ Boz!ef n vssbhf !di bshf t !u bdbsf !OP Uicaused by CBI's field personnel shall be billed to the customer.! 9/ Ui jt !f t yn bif !bggr)t t !porn!ip!u f !lpc!ef t djcf e!bcp\Af /!Ui jt !gldjoh!epf t !opdjodrmef !beejypobft bd Ibrb! ps! rbcps! u bd n bz! cf ! sf r vjsf e! evf ! tp! boz! vog)sf t f f o! gsperfin t! u bd n bz! bIt f ! podf ! u f ! gsplf del i bt ! begun. If additional labor and equipment is required, it will be invoiced at "Time & Material" rates.! / Ui jt! gspgpt bMt ! bo! f t yn bif ! cbt f e! po! rjrm jif e! I opx o! dpoejypot P Jj u f ! t dpqf ! pd x psI ! di bohf t! DCJ sf t f sd t !u f !Ihi dip!bekrt djit !g f !t di f evrfi!bt !sf r vjsf a /!! 21 /!Qbzn f odjt !DBTI !,0!BEV\BODF!unless otherwise approved in advance by CBI's credit department.! 22 /!Ui f !bcp\Af !sbif t !bsf !cbt f e!po!b!)5 *!i pvs!n jojn vn P 23 /!Usbot gpsibypo!di bshf t !bsf !gpsibrhp!gpsibrii 24 /!Qdjoh!jt !\Abrjre!Ts!)41 *!ebzt !gpn !u f !ebif !pdu jt !qspqpt brit Supplemental Conditions: 2/ DCJxjaWrvjsf !bo!po.tjif !g)d rjgl' !pqf sbips!g)s!u f !tbg!ubotgs!pdipLft!ip!boe!gpn !u f !ubotgpajoh! \Af i jdrfit ! 3/ A 2" Camlock fitting must be installed on the double walled tank!before CBI's arrival, thus bnpxjoh!g)s! u f !LEbot g s!ip!cf !qf aTEn f e!directly into the tank by CBI's crew! 4/ DCJn vt di bwf !vopct Lwdif e!bddf t t !g)s!brdi r vjqn f oil' !qf st poof rhp!gspgf srn!dpn grfiLf !u f !gsplf dd DrjW Cf ssz -! .bd/! x pvra! rp f ! ip! u bol ! zpv! g)s! u f ! pggpsrvoja! ip! t vcn jd gjdjoh! g)s! u jt ! gsp4# dd! Jj zpv! sf r vjsf ! beeJ4pobftf tbjrti!po!u jt !t dpqf !pdx psI - !qrfibt f !ep!opdi f tjibif !ip!dpoibddii f !voef stjhof e/! DCJjt !dpn n juf e!ip!gsf tf snjoh!pvs!f ovyspon f odboe!dpn cjof e!xju !ef dbef t !pdepdvn f oaf e!x psI !f yqf If odf -4 jd jt ! pvs! of st pobrh dpn n jtn f oil ip! zpv! u bd x f ! t i brrh f yf dvif ! u jt ! x psI ! xju ! u f ! i jhi f t d of hsf f ! pd gspgttjpob#n PSf tdbttvsf e -!u bdbritDCJgf re! qf stpoof rrbsf !df sjgf e!xju 151.1 pvs!PTI B! LEbjojoh! boe! bsf ! Dpogof e!Tgbdf !Fouz!df ajgf e/! Cf t dSf hbset -! Kirk Rabats Ljsl !Spcf sit ! Ejsf dips. Dpn n f sdjbV of sbypot ! : 65/325/7471! Df On I �pcf st A d f ssziod /dpn ! Dpn gboz!Sf qsf t oibq\Af !)tjhobursf *! Ujufi! Dpn gboz!Sf qsf t f oibq\Af !)gloLt! ! Ebif ! QT;!Qfibt f !tjho!boe!sf urso!u jt !gsp4# ddgspgpt bftdzpvs!f bs# t ddpowf ojf odf !t p!u bdx f !n bz!wf sjg'!pvs!n bt if s! t di f evrfi!boe!dpogsn !tp!zpv!u f !f ybddyn f !boe!ebif !pdu f N pd !tp!cf !qf E�pm f e/! , ' 1 2 41 � „ .s...J: 6 7414 [,r e` J. 6 l q`, ........� . �. 1..s 1 1 ....s :f[ Page 295 of 561 July 21, 2015 if , Customer: Contact: Address: Proposal Sent Via: Mr. Pigott, City of Boynton Beach Bevis Pigott 561- 742 -6953 5469 W. Boynton Beach Blvd, Boynton Beach, FL, 33437 Cliff Berry, Inc. (CBI) has been offering comprehensive Environmental Services for over 5 decades and, by combining proven technical expertise and problem solving proficiency, we have supported our customers in developing cost effective solutions for all of their environmental requirements. A sulfuric acid release on August 11, 2015 resulted in impact to soil onsite. As discussed earlier, CBI is pleased to provide you with a personalized pricing proposal to execute the following Scope of Work. Scope of Work; Task 1: Removal of sulfuric acid contaminated soil on both sides of the trench running north of the main building at the City of Boynton Beach Utilities Facility located at 5469 W. Boynton Beach Blvd. The excavation will be executed as a soft dig using an industrial vacuum truck (Vactor). The potentially contaminated soil will be stockpiled on site and covered in polyethylene sheeting. Source removal confirmation pH samples will be collected from the excavation and waste characterization samples from the stockpiled soil. For the purposes of this proposal it is estimated that 20 tons of soil will be removed. If groundwater contamination is encountered during excavation the scope of work will change and this cost proposal will be amended. It is expected that Task 1 will be completed in one 10 hour day. If the contaminated area is larger than anticipated and the excavation has to be extended further, the additional work necessary will be invoiced at time and material rates. Task 2: After the contamination has been delineated, all impacted soil removed from the environment, and the waste characterization samples are analyzed, disposal of the potentially contaminated soil and backfilling of the excavation will be carried out. This proposal is based on the soil being classified as non hazardous waste. If the soil has to be classified as hazardous waste this proposal will be amended. Page 296 of 561 For the purposes of this proposal it is estimated that 20 tons of soil will be sent for disposal and 20 tons used for backfill. The City of Boynton Beach will be invoiced on the actual quantity in accordance with the rates published below. It is expected that Task 2 will be completed in one 8 hour day. If the contaminated area is larger than anticipated and the excavation has been extended further, the additional work necessary will be invoiced at time and material rates. Project Cost: Task 1: Removal and stockpiling of sulfuric acid contaminated soil Item Rate Estimated total Field Scientist $85.00 /Hour $935.00/10 Hours Foreman $60.00 /Hour $660.00/10 Hours Driver /Operator $50.00 /Hour $550.00/10 Hours Technician Haz Mat Trained $48.00 /Hour $528.00/10 Hours Technician Haz Mat Trained $48.00 /Hour $528.00/10 Hours Vactor $135.00 /Hour $1350.00/10 Hours Service vehicle $250.00 /Day $250.00/1 Day Miscellaneous hand tools $75.00 /Day $75.00/1 Day Polyethylene sheeting $165.00 /Roll $330.00/2 Rolls Alkaline neutralizer $38.00 /Bag $114.00/3 Bags Nitrile gloves $20.00 /Box $20.00/1 Box Sampling supplies $65.00 /Day $65.00/1 Day ADS flex hose 6" $368.00 /Day $368.00/1 Day Duct tape $8.40 /Roll $16.80/2 Rolls Confirmation samples pH $25.00 /Sample $75.00/3 Samples Sampling waste characterization $200.00 /Sample $200.00/1 Sample Submittal of a Source Removal Report Certified by a State of Florida Licensed Professional Geologist $850.00 /Report $850.00/1 Report Estimated total Task 1: $6,914.80 Task 2: Disposal and backfilling Item Rate Estimated total Supervisor $84.00 /Hour $672.00/8 Hours Foreman $60.00 /Hour $480.00/8 Hours Driver $50.00 /Hour $400.00/8 Hours Technician Haz Mat Trained $48.00 /Hour $384.00/8 Hours Equipment operator $54.00 /Hour $432.00/8 Hours Backhoe $525.00 /Day $525.00/1 Day Mobilization /Demobilization $250.00 /Deployment $250.00/1 Deployment Service vehicle $250.00 /Day $250.00/1 Day Service vehicle $250.00 /Day $250.00/1 Day Miscellaneous hand tools $75.00 /Day $75.00/1 Day Soil disposal $80.50 /Ton $1,610/20 Tons Clean sand backfill $18.85/Ton $377.00/20 Tons Transportation $10.00 /Ton $200.00/20 Tons Estimated total Task 2: $5,905.00 Estimated total project cost: 12,819.80 .O, e P or i - 3 ,z a ✓ .dia .�.. n °�.n ... .�.+9 �e2,t <r /'„ i.. �1 fa. �.. <.a ..��.. �u., �i ��E.,. WJ. .-,.r :.✓ to .�.,. Page 297 of 561 This project can commence within 3 days of authorization to proceed. Work Location: Water treatment facility Boynton Beach, 5469 W. Boynton Beach Blvd., Boynton Beach, Florida Terms & Conditions: 1. Once the project has been accepted and confirmed to CBI for execution, we shall schedule this project on a mutually agreeable date with a minimum of three (3) business days lead time. 2. All waste will be manifested (actual quantity), transported and disposed of in accordance with all Federal, State and Local regulations. Transportation cost is a minimum 20 ton load. 3. Our rates are based on a Monday thru Friday 0800 — 1700 workweek. Daily overtime ( >8 hours) or if weekend work and /or second /third shift work is required and authorized, overtime rates will be charged at one and a half straight time rates and double on observed government holidays. 4. It is the customer's responsibility for payment of any unforeseen tariffs, fees, taxes, and unexpected administrative costs which CBI has incurred in the execution of this project. Any additional fee(s) shall be indicated as a separate line item on the final invoice. 5. A fuel surcharge shall be added to all invoices in accordance with the "National Average Diesel Fuel Index ". 6. A signed Purchase Order and /or signed Job Authorization Form will be required prior to job commencement. 7. This estimate applies only to the job described above. This pricing does not include additional materials or labor that may be required due to any unforeseen problems that may arise once the project has begun. If additional labor and equipment is required, it will be invoiced at "Time & Material" rates. 8. This proposal is an estimate based on limited known conditions. If the scope of work changes CBI reserves the right to adjust its fee schedule as required. 9. Payment is DUE IN ADVANCE of services unless otherwise approved in advance by CBI's credit department. 10. The above rates are based on a (4) hour minimum. 11. Transportation charges are portal to portal. 12. Pricing is valid for (30) days from the date of this proposal. Cliff Berry, Inc. would like to thank you for the opportunity to submit pricing for this project and if you require additional details on this scope of work, please do not hesitate to contact the undersigned. CBI is committed to preserving our environment and combined with decades of documented work experience; it is our personal commitment to you that we shall execute this work with the highest degree of professionalism. Rest assured, that all CBI field personnel are certified with 40 -Hour OSHA training and Confined Space Entry. Thank you, Robert C. Summers, P.G. Sr. Geologist 954 - 763 -3390 rsummersgcliffberryinc.com Company Representative (signature) Title Company Representative (print) Date PS. Please review this proposal and if you agree to all the above listed terms return with your authorization so that we may verify our master schedule and confirm to you the exact time and date of the work to be performed. Page 298 of 561 6. N. CONSENT AGENDA 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Special City Commission meetings held on July 20th and July 21st, 2015 EXPLANATION OF REQUEST: The City Commission met on July 20th, and July 21st, 2015 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non - budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes D Minutes REVIEWERS: Department City Clerk Description Page 299 of 561 Page 300 of 561 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE PROGRAM ROOM AT THE LIBRARY, 218 N. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON MONDAY, JULY 20, 2015, AT 2:00 P.M. PRESENT: Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk CALL TO ORDER Mayor Taylor called the special meeting to order at 2:05 p.m. and turned the meeting over to Ms. LaVerriere, City Manager. BUDGET OVERVIEW Ms. LaVerriere made a presentation on the overall budget. The Department Heads were prepared with a brief presentation on their proposed budgets that can be brief or down to line item discussion and explanations. Mayor Taylor noted for the record that the entire Commission was present. Commissioner McCray would be satisfied if the Department Heads were present for any questions. Commissioner Merker wanted the overview of each Department Head. Attorney Cherof pointed out these are budget workshops. The final adoption will be in September after the two public hearings. Anything agreed on in substance during the workshops is non - binding on the public hearing process. After public comment, the Commission can establish the millage and budget for the year in September. Ms. LaVerriere reiterated this is the first rendition of the FY 15/16 budget. The final adoption would be on September 15 The workshop is to provide an overview and introduction of what the 2015/16 budget entails. Typically public comments have been allowed at the end of each day of the workshop. Ultimately a proposed millage rate has to be adopted to be submitted to the Property Appraiser by August 1St Tim Howard, Director of Finance, pointed out the proposed budget keeps the millage at 7.9 mills and adopts a preliminary fire assessment rate resolution with a $12 increase over last year. Thursday, September 3 rd is the first public hearing to adopt a proposed budget. Thursday September 10 is a special meeting to adopt the fire assessment rate based on a calendar for a non -ad valorem assessment to be published with the tax Page 301 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 bill. Tuesday, September 15 ", the regular City Commission meeting will include the second public hearing to adopt the final millage rate and final budget. The proposed budget reflects expenditures for all funds slated at $211 M comprised of the General Fund which is $77.3M, Water, Sewer and Utility which is $42.2, Capital Funds of $51.8M and Solid Waste at $12AM and several much smaller expenditures. The funding sources include Utility fees at $42.2M, property taxes $29.5M, capital and bond sources $51 M, transfers $16AM and numerous others such as solid waste fees, public services taxes, intergovernmental charges for services, special assessment, franchise taxes, golf course revenue, licenses and permits and all others. General Fund has an expenditure budget of $77.3M for an increase of $4.28M or 5.9% over the current year budget. Personnel services, including pension, makes up $59.3M or 76.7% of the total budget. Personnel services, excluding pension, is 60.3% and pension contribution is 16.4 %. Operating expenses are 18.5% or $14M, capital outlay budgeted in the General Fund is $600,000 and non - operating at $3.1 M. Public Safety is the largest part of the General Fund. The adopted budget for this year is $73M and there is an increase of $4.2M. The major changes are a 20% increase in insurance rates as the plan is currently or about $1 M in the General Fund. There is a potential wage increase of $950,000. Pension increase is $527,000 each year and self- insurance allocation increase goes up $334,000. This year there is a transfer to the Golf Fund of $343,000. Commissioner Merker inquired if the transfer to the Golf Fund was considered as a one- time event. Ms. LaVerriere felt with structural improvements at the Links, the amount would start leveling off and stabilize. It would not be just this year. Mr. Howard explained capital outlay could include computer software, hardware, or equipment, increased $105,000 over the current year budget. The AFG Grant of $1 M has been applied for and has a 10% match for the City and $998,000 has been included to cover the match. Lastly election expenses have been increased in the City Clerk's budget because there was no election this fiscal year. These reflect the largest increases. Commissioner McCray asked for clarification on the difference between the $4.2M and $3.4M. Mr. Howard replied it could be an increase in electric costs and other increases for a difference of $800,000. Ms. LaVerriere explained her proposal to fill the gap that has been created. Mr. Howard reviewed the proposed revenue changes in FY 15/16. There has been an increase in assessed property values across the City translating to the gross property tax increasing $3.1M and the properties within the CRA (Community Redevelopment 2 Page 302 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Agency) increased to a $798,000 transfer, with a net increase to City, at the current millage rate, of $2.3M. There should be increases in the Florida Power and Light franchise fee based on current estimates and collections, business tax licenses, building permits, State revenue increases and ALS ambulance fees, will increase $300,000. On the transfer side the public service tax transfer, the bonds were refinanced this past year that lowered the debt service payments going forward resulting in a $200,000 per year increase in the transfer. The transfer from Water and Sewer based on utility operations is increasing $250,000. Solid Waste transfer has been reduced to $4M. The fund balance transfer needed this year is $951,000. The proposed budget includes using $1.588M to fund the $77M General Fund budget. Ms. LaVerriere added the amount needed has been tweaked and reduced. She reviewed the State revenue sharing and sales tax revenue was increased by $100,000 each based on the information just received from the State. The revenue projections from ALS have been increased by $100,000, but it is anticipated to be more. The Village of Golf agreement for fire /rescue services has been increased. Meetings were held with the officials and Town Manager from the Village of Golf and there was an agreement to increase the contract from $150,000 to $300,000. It is not a precise millage calculation. There is a counter offer of $200,000 with a 4% increase or cost -of- living increase, whichever is higher, each year for a ten year contract. It has been added to the budget at $200,000, Commissioner Fitzpatrick asked what $200,000 would equate to in their millage rate and Ms. LaVerriere responded it would be two mills. He was not in favor of the proposed contract rate. Ms. LaVerriere explained the current contract expires September 30, 2015. At strategic planning, Commissioner Fitzpatrick recalled he and Commissioner Merker felt the three mills were appropriate. Mayor Taylor and Commissioner McCray felt the Chief should negotiate the contract and Vice Mayor Casello was not present at the first discussion. On the second day, Commissioner Fitzpatrick reiterated his concerns with the rate for contract services and Mayor Taylor declared direction had already been given. There was never a vote taken on the subject. Commissioner Fitzpatrick again argued it was a sweetheart deal. There are 30,000 parcels that pay the fire assessment. He calculated if the contract was set at three mills it would decrease the fire assessment by $5 a household for Boynton residents. The fire assessment is the same even for those on a fixed income. He proposed the three mills would be lower than the County's offer of 3.5 mills. It would still be the best deal for the Village of Golf. At the very least, the incremental increases should be at three mills halfway through the term of the contract. Mayor Taylor opined the contract has been negotiated and there is a substantial increase. The Village of Golf is increasing their millage rate. He was happy with the 3 Page 303 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 proposed increase to $200,000 and the 4% increase each year. He agreed with the negotiated figures. Commissioner McCray agreed with the proposed rate and contract terms. Commissioner Merker inquired if $250,000 could be negotiated. Mayor Taylor recognized the Village Manager of the Village of Golf, Christine Thrower, who remarked it is easier to find money in larger budgets. The entire General Fund budget of the Village is less than $1.5M. The proposed figures are significant. She would be talking with the County Fire Chief and seriously consider their proposal also. Their current millage rate is 7 mills. Vice Mayor Casello agreed the negotiations have been fair and he appreciated the situation for the Village of Golf. Continuing to work with the partnership is acceptable with the safeguards built into the contract as it escalates through the years. He agreed with the negotiated amount and terms. Commissioner Fitzpatrick wanted it clear that Boynton Beach residents pay 7.9 mills and the Village of Golf pays 7 mills. Mayor Taylor declared it was three to two to adopt the proposed negotiated contract with the increase. Ms. LaVerriere continued that it was decided to continue the health insurance plan the way it is. The City is facing a $1.2M increase in health costs with the plan as it exists. The General Fund impact was $915,000. If the current plan is modified with increased co -pays and deductibles, it was hoped the cost could be reduced by $200,000. It will be a good plan, but will be modified to decrease the increase down to 16% or 15 %. These are all discussion points to be finalized in September. Staff would like to reduce the rates, but keep the plan as it currently exists. Commissioner Merker stressed there is no value to be placed on your health and the employees should have medical coverage. It is essential. Health insurance is the most important thing for families. Vice Mayor Casello wanted more information on what other changes may be made. Ms. LaVerriere suggested the deductible is $150 and that could be increased to $250 or $300. Co -pays for doctor visits could be increased from $25 to $35. It remains a good plan. Maybe the prescriptions could be increased $5 in each tier. The Benefits Administrator will be asked to generate some savings, but keeping the plan as whole as possible. Vice Mayor Casello asked if the City had explored the possibility of having its own clinic or co -op with Delray. Ms. LaVerriere recalled an attempt was made to join with Delray but it did not prove to be feasible. Last year a high deductible plan was offered in 4 Page 304 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 addition to the regular plan and that would continue as the plan is built to incentivize employees to be able to open a clinic. It is in the strategic plan for the new year to go out for an RFP (Request for Proposal) and get prices to open a clinic. It would be a capital outlay. Vice Mayor Casello understood clinics were based on per visits for success. Since Delray already has a clinic, would it be a benefit to join them and avoid the capital outlay in remodeling an office for a med center. Perhaps it could be explored. Ms. LaVerriere agreed it was in the plan for the coming year and would be considered. Any changes in the plan would have to be negotiated through the unions. Commissioner Merker felt joining with Delray would be a risk. In the budget was $950,000 for all employees to get a 3% raise with $300,000 for police in their bargaining agreements. A 2% raise for the remainder of the employees would save $200,000. The budget maintains a 2% raise increase for employees versus a 3% increase to save the City $200,000. It will keep a modified health care plan. The balance includes fire and general employees. Commissioner Fitzpatrick asked if the 2% raises were a cost of living increase or step plan. Ms. LaVerriere responded it was an across the board increase. How it would be structured would be determined. A difficult, but necessary decision was made to reduce the staffing levels at the golf course. It reduced the transfer from the General Fund by $103,000 to $240,000. Commissioner McCray had seen the billboard advertising the golf course and wondered if this should have been started sooner rather than later. Commissioner Merker wanted a plan for at least three years relating to the golf course. Planning and Zoning had an intern in their budget that had to be eliminated. The Building Official position and City Engineer position have been combined and Andrew Mack has done both jobs, saving some money. Mr. Mack has now been named Interim Development Director. Another full time position will have to be funded. In the meantime he will continue to serve as the City Engineer so only the Building Official position will be replaced. Commissioner McCray noted it was good to know the staffing is being carefully scrutinized. The need is there, but it cannot be funded. In the ITS Department there are needs that can no longer be delayed. In the Economic Development budget there was a manager and coordinator position that did not work and a different approach was being pursued. An RFP (Request for Proposal) has been written for a consultant to assist in outlining what should be expected from an Economic Development Director. The tools have to be in place before any individual can produce the desired goals. The coordinator position is not needed at the present time. An extensive scope of work was outlined for the consultant that may require a couple years to complete. 5 Page 305 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Commissioner Merker suggested the $10,000 budgeted for Commission community funds could be used to fund the consultant and be better spent. Ms. LaVerriere mentioned the AFG grant and the $98,400 match for the grant. It is a $1 M grant for turn -out gear and other equipment. It was not received last year and was pulled from the budget before the final budget was approved. She was recommending the funding be pulled out of the proposed budget and if it is awarded, a budget amendment could be done out of the fund balance. The gap had been reduced from $1,588,000 to $450,000. Mayor Taylor pointed out in years past the expenses have been less than budgeted. The goal should be to bring the current year expenses $450,000 below budget to carry over and balance the budget. Ms. LaVerriere had concluded the money could transfer from the fund budget, but only if necessary. Commissioner McCray thanked Ms. LaVerriere for following the direction given by the Commission and appreciated her efforts. Ms. LaVerriere indicated there may be more changes before the final budget is submitted, but the proposed budget was a good start in the process. Mr. Howard reviewed a list of the departments and divisions showing the percent of increase or decrease from last year's budget to the proposed budget figures. The revenues sources for the upcoming year included property taxes at $29.5M or 38% of the General Fund. Fund transfers come from public service, debt service, solid waste and utility fees. Ms. LaVerriere interjected the City's reliance on property tax or ad valorem revenue for overall revenue sources is healthy. As much as the burden can be reduced on the taxpayer and find other revenues, is a good situation. The Police and Fire budgets exceed $50M. Finding new revenue streams is a constant endeavor. Licenses and fees are another source. The Development Department is a good example of expediting permits and getting business into the City increases revenues. Mr. Howard noted every year there is an overall fund balance of which 10% is set aside for reserve. Policy dictates that 10% of the upcoming year's budget should be for the reserves. The 2014 year end had a $11.2M fund balance and $7.2M was set aside for reserve. The $4M difference is the unappropriated fund balance. This year's project is to end with a fund balance of $11.5M and a $7.7M reserve based on the proposed budget of $77M. The proposed budget rate was compared to the rollback rate. The rollback rate is what the State advises is the millage rate applied to the current assessed total value of properties, to generate the same amount of tax revenue as in the current year. The correlation is, if the property values go up, the rollback roll will be lower than the current millage. If the assessed values go down the rollback rate will be higher than the 0 Page 306 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 current millage. The current proposed millage is 7.9 and the current assessed value is $4.613 so the rollback rate to generate the same amount of tax revenue would drop to 7.37 mills. The State uses the figures and computes a 7.1 % increase over the rollback rate. Using the rollback rate would require a $3.5M fund balance to support the $77.3M budget. At the 7.9 mills the budget is balanced with the use of the fund balance. The rollback rate would create a $2M deficit and the City would have to reduce expenses or raise other revenues. Taxable values from FY 2009/10 to current were reviewed showing the impact of the economic downturn and subsequent growth. The proposed budget does not require a millage increase from 7.9 mills. The actual tax increase is 7.1% for the State TRIM calculations with the rollback rate of 7.3762. City -wide property values increased 10.08% over last year. During the budget workshop the request is to adopt a proposed millage rate that can be submitted to the County for proposed tax bills. The number of houses within the City paying less than $200 in taxes has declined from 25.9% to 23.7 %. The number of parcels has dropped from 7,800 to 7,200. The total parcels in the City have increased from 30,200 to 30,400. It was explained the drop reflects an increase in values that will increase the number of taxpayers. It has gone from 1/3 of the property parcels to 24 %. Sales would also have an impact. Commissioner McCray asked if there was an increase in the Village Royale on the Green property and Mr. Howard advised he would research the records. Vice Mayor Casello asked if the City had explored payment in lieu of taxes. Many non- profits cannot afford a payment. The hospital uses all the services and yet pays no taxes. Ms. LaVerriere knew of two or three arrangements with payment in lieu of taxes being Clipper Cover and Palm Beach County Housing Authority and the Christ Fellowship Church. Attorney Cherof advised an agreement can be negotiated. It would be very, very difficult to require payment. Ms. LaVerriere indicated it is not done very often. There is no policy in place. Vice Mayor Casello suggested as non - profits progress through development it would be an opportunity to negotiate funding. Scenarios were reviewed that illustrated the City tax bill change from last year to this year. Residential, homesteaded property assessed at $375,000 would increase $23 per year, for example. Commercial and non - homesteaded property assessed at $1 M would go from $7,900 to $8,753 for an increase of 10% or $850 for the year. The individual departments were presented. 7 Page 307 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 City Commission The City Commission budget is basically the same except the Florida Retirement System pension contribution increased by $11,000 and the overall budget increased from $252,000 to $262,000. All items remain about the same. There is a reduction in membership fees and the community investments are included in the amount of $10,000. Vice Mayor Casello asked if the Commission has to be offered a pension. Attorney Cherof replied there was ordinance that created a municipal class with FRS and it is mandatory participation. Commissioner Merker continued his objection to the community investment allocation. City Manager The budget decreased from $617,000 to $587,000. The majority of the change was the re- allocation of the salary for the Assistant City Manager from 60% General Fund and 40% Utility Fund to 25% General Fund and 75% Utility Fund. The allocation for business meetings increased slightly. All pension and benefit costs were adjusted up, except the City Manager department because marketing /communications has a pension allocation that was not budgeted last year. The marketing /communications budget went up. The marketing division did not exist last year. Commissioner McCray questioned what the increase represented under printing and binding for the Strategic Plan and Ms. LaVerriere replied it was outsourced due to the volume of copies and the monies included business cards. City Hall The overall City Hall budget increased from $2.77M to $3.6M. Postage increased. Promotions and marketing went up $1,000. The Commission actively participates in the Chamber luncheon, the State of the City address will be changing with a different type of event. The special event budget remains the same and covers the July 4th celebration, contributions for the Kinetic Art Exhibit, Holiday Parade, K -9 competition each year and $5,000 for other civic and educational programs. Ms. LaVerriere hoped to see more of a City event for MLK. Plus the monies should cover other events that may arise. Mr. Howard advised the budget for property insurance increased $219,000. It covers the Risk Management cost in insurances and is a 9% increase. It will increase in all department budgets. The coverage is for liability insurance, lawsuits, property insurance. The $1.4M covers the insurance liabilities just for City Hall. It covers the 0 Page 308 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 buildings, re- insurance for claims because the City is self- insured and re- insurance to cover it. Other contractual services have gone up $13,000 which funds the Mae Volen program for the senior transportation program. Ms. LaVerriere advised the program has worked out beautifully and they are maintaining their costs. The lobbyist services have increased $15,000. It will be brought before the Commission in August. There are two years left on the contract and then an RFP process will be undertaken. It is the standard amount charged to other cities in the County that they represent. The current cost is $45,000 and the next two years are budgeted for $60,000. Ms. LaVerriere felt they were doing a great job. Vice Mayor Casello stressed the lobbyist brought in over $300,000 for the water /utility project and $140,000 for the Women's Club. The priority list for next year would be brought before the Commission in August. It was hoped some funding for the new lift station project would be received. The Inspector General is funded $92,000 each year. It has not been paid because the City has not been billed. The 13 cities that are suing the Inspector General's office have tied everything up and the Clerk of Courts has not billed the municipalities. The money is budgeted each year in the event the lawsuit settles, the City is prepared to pay its portion. Mayor Taylor questioned if the money allocated would cover the cost of all previous years. Ms. LaVerriere stressed the funding was not accruing. Attorney Cherof advised the suit was in its fourth year. The County Clerk has not billed or collected any funds. Attorney Cherof explained the current lawsuit covers the authority to collect and formula for calculating the cost. The prior year amounts would be subject to negotiation. Commissioner Fitzpatrick pointed out the Inspector General's office was very helpful with the situation at the South Central Regional Wastewater Treatment and Disposal Board. The items that increased the budget were the golf course transfer and the employee wages that is an additional $950,000. Commissioner McCray recalled the previous number of memberships was significant and wondered if there was new competition or other problems. Ms. LaVerriere noted the golf course is in direct competition with every other public course in the County. Marketing /Communications This budget was broken out last year. As the efforts increase and expenditures are defined Ms. LaVerriere anticipated the expenses would grow each year. The annual report and budget brief was re- initiated after 10 years. It was hoped the Commission would want to continue the annual report that was sent out to the 30,000 utility D Page 309 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 customers. Eleanor Krusell, Communication Manager, advised the number could be reduced. A mailing list had been purchased so residents in a development that pay their water to the development rather than the City, would also receive the mailing. Once a price point is reached the expense for additional copies is minimal. Ms. LaVerriere explained there was a reclassification of the Communication Manager position and based on research of similar positions the salary was increased by $14,000. There was an allowance for note cards for each Commissioner to use with their name on them. The cost would be approximately $100 per Commissioner. Mayor Taylor offered to send out his own notes. The cost does cover business cards, shirts, name cards and other small expenses. City Clerk Ms. LaVerriere advised the only real increase was the pension and health cost increase and the $70,000 for the election. There will also be a municipal election in 2017. Commissioner Merker questioned the effect of Ms. Prainito's pending retirement. Ms. LaVerriere assured the Commission there will be a City Clerk and Deputy City Clerk. It was not possible to keep Ms. Prainito from retiring. Finance Mr. Howard pointed out there would be no staffing changes. The general increase of $17,000 is health insurance and pension. Commissioner McCray requested clarification on the $1,000 for business meetings. Mr. Howard explained it covers the quarterly meetings for the local Government Finance Officers Association meetings staff attends each quarter. ITS Ms. LaVerriere noted the significant change was the pension and health costs. John McNally, ITS Manager, reported the budget increased $125,000. The major increase is from Microsoft licensing. The expenses have been deferred to save money and now over the last three years, a total of over $800,000 or $270,000 per year is budgeted to get current with the Microsoft licensing agreement. It was taken from the Capital Improvement Program funding. This year the budget consumed $84,000 as ongoing maintenance to keep the licensing ongoing. There is a $16,000 increase in telephone services to cover the upgrade in the telephone system. It is an increase due to the lease amount. The expenses increased $175,000, but cuts in other area were about $50,000, leaving a net increase of $125,000 for the operating budget. Vice Mayor Casello pointed out a cost of $11,000 to videotape the Commission meetings. The meetings can be seen on Channel 99 for Comcast subscribers. 10 Page 310 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Commissioner Fitzpatrick questioned what deep freeze maintenance encompassed. Mr. McNally advised it was a software system for the computer lab and the computers on the dais, to keep the computers locked down to a specific state so they all look and function the same. Commissioner Fitzpatrick noted the PowerPoint presentations from the dais have improved and the remote is more useful. The sensor is now outside the media room on the wall. Human Resources Julie Oldbury, Human Resources (HR) and Risk Management Director, reported her budget had a 3% increase due to health insurance and software maintenance. The program Bentek is self - service and will allow employees to make necessary benefit changes. Any changes will be transmitted to the carriers automatically. There was a reclassification. There are HR and Risk Assistants currently. The intent was to make a career path for HR Coordinators to be classified as I, II or III and grow into the different levels. The other reclassification was the HR and Risk Project Manager to Senior Talent and Project Manager. The position would be responsible for employee relations, training, performance and recruitment and overseeing the HR /Risk Coordinators. Ms. LaVerriere gave the example of the new hire orientation that was instituted to learn about all departments. All the changes result in a $21,000 increase in the budget from the current year. Overall there has been an increase in the baby boomers retiring and trying to develop career paths in departments to keep employees and retain them as they grow with opportunities available. Training employees to take the skills to another municipality has become a critical problem in the Utilities Department. It is being done within the confines of the budget to provide opportunities for growth. Mayor Taylor inquired about the $16,000 spent last for physical exams that is now budgeted for $0. Ms. Oldbury explained the expense was transferred to Risk Management. Because it is a physical for employment, it is a risk matter. Risk is a separate fund. Vice Mayor Casello asked who was entitled to car allowances and why. Ms. Oldbury advised the Human Resources Administrator, HR and Risk Project Manager and the Human Resources and Risk Administrator because they travel throughout the City on at least a daily basis going from site to site to conferences and networking events. Paying the IRS required millage would be more. Ms. LaVerriere advised these were contract employees and this was part of the negotiated employment agreement. Vice Mayor Casello asked if the new positions would be budget neutral or would there be salary increases in those positions. Ms. Oldbury replied there would be salary increases, but the overall department budget increase would remain 3 %. Vice Mayor 11 Page 311 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Casello expressed concern the City would become a training center for employees to seek employment elsewhere. Ms. Oldbury hoped that would be the case so people could grow and go in a career. She hoped the team effort of each department encourages employees to stay working for the City of Boynton Beach as long as possible. Ms. LaVerriere added it was part of the succession plan for all retirements coming up in high level positions to have qualified individuals to step into the management positions. She cautioned there would be significant change in the next three to five years because many long -term employees would be retiring. Commissioner McCray questioned why the entire Commission was not invited to the quarterly orientation. Ms. LaVerriere confirmed the entire Commission had been invited. This was only the second orientation and she apologized if there was an administrative error. It is very important that all new employees see and meet the Mayor and Commissioners. City Attorney Attorney Cherof pointed out the City Attorney's portion of the General Fund is .7 %. There is a fund since the City Attorney represents other parts of the City and the percentage of the overall funds is .2 %. There is only one City employee, the paralegal. Her salary of $72,000 inflates to $115,000 with benefits. The increases represent the higher insurance expenses and a 3% increase. There are 12 attorneys in the law firm and a total staff of 23 individuals including a couple of paralegals that serve the City. Increases in the private sector were considered as part of the increase in the proposed retainer. The Assistant City Attorneys are assigned to different departments when it is appropriate. Adjustments are made so the right attorney with the skills needed is appropriately placed. Vice Mayor Casello inquired what fees were paid to the firm in addition to the retainer fee to become the total legal bill for the year. Mr. Howard covered the period October 1, 2013 to September 30, 2014 for a total expenditure to the firm of $551,000 with $527,000 paid out of the legal budget in the General Fund, $18,000 out of the red light camera monies and $56,000 was paid from other specialized funds. In the General Fund $520,000 was budgeted that comprises three or four different line items within the City Attorney budget. The retainer at that time was $188,000, litigation fees and costs $133,000 and labor contingency $197,000. The same line items were budgeted this year and with the paralegal the budget is $601,000. 12 Page 312 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Library /Museum Craig Clark, Library Director, discussed the Library budget that shows a net increase of $37,297 or 2 %. The majority is health insurance costs. Operational expenses were reduced by $15,419. Commissioner McCray asked about the allowance for new books and Mr. Clark noted it was a capital expense that is flat at $150,000. Commissioner Merker understood there was going to be a new employee, a digital services librarian. However, Mr. Clark advised the budget did not allocate those funds for a new hire. Ms. LaVerriere advised it was the ongoing cost of additional staff that cannot be accommodated. Mr. Clark explained the position would be available to assist with use of the computers and teaching computer classes to the public, instructions on how to use the databases and give one -on -one assistance to meet the needs of the residents. Mayor Taylor recalled the same position has been requested for the last three years, but the funding has not been available. Commissioner Fitzpatrick asked about the operating hours. Mr. Clark explained the operating hours were Monday through Thursday 9 a.m. to 8:30 p.m. and Saturday 9 a.m. to 5 p.m., closed on Fridays and Sundays. Vice Mayor Casello noted City Hall and the Police lobby were reopened on Fridays. He requested an estimate of the cost of opening the Library on Fridays and Mr. Clark responded it would be at least $150,000 and go from 54 service hours to 82 service hours a week. It would include electricity and increasing staff levels. Commissioner McCray wanted to add the $150,000 to the wish list if funding can be found this year. Susan Ross, Director of the Children's Schoolhouse Museum, reduced the budget by $34,791 as a result of a request for $25,000 less in cash support and the balance in reduction of other operating expenses. Vice Mayor Casello inquired what funding was requested of the City and Ms. Ross replied $250,000. The summer time is the busiest time at the Museum. There were significant increases this year and year -to -date there was a small profit that is expected to continue through the end of the year. Ms. Ross pointed out the intent was to diversify the income stream as discussed last year. The City helped fund a business and marketing plan and it is coming to fruition. Exhibits do need to be replaced. Ms. Ross expected the City would always be funding the museum to some degree. The intent was to develop a step -down basis annually as income improves. The third quarter showed a 15% increase from the previous year. Typically expenses for a quarter are approximately $120,000. Grant funding has become available and it is being sought through FY 2016/17. There have been increases in almost everything. There has to be a balance between membership and non - member visitation because membership is a one -time cash infusion. The Museum is open 13 Page 313 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Tuesday through Saturday to the general public. Mondays are available for group visits and Sundays for birthday parties. Mayor Taylor commented Ms. Ross had been very aggressive in the programs and he saw a significant improvement in everything. She has brought creative ideas and programs and he complimented Ms. Ross and her staff. Vice Mayor Casello agreed she was doing an excellent job. Mr. Clark announced the adopt -a- magazine fund raiser would continue this year and he hoped donations would be forthcoming. RPrmMinn Wally Majors, Recreation and Parks Director, advised his budget had a slight increase due to vehicle maintenance, prefunding of vehicles, health insurance and pension costs. There are anticipated challenges with the loss of a senior staff member to be replaced by a Recreation Superintendent, same grade level. The incumbent recreation manager would be changed to a special projects manager with the focus on the special events. The Department is focusing energy to bring in revenue sources from partnerships and sponsorships in an effort to create opportunities to partner with the community and offset the expenses for the programs offered. The fees at Oceanfront Park would be brought before the Commission in August with an increase of the annual resident parking permits from $40 to $50 and changing of the non - residents seasonal parking permit from a seasonal permit to an annual permit recommending an increase in cost from $90 to $200. Lastly, change the fee for daily parking during the off season from May 1 St through November 15 to $5 without an annual parking permit. From November 16 through April 30 it would be $10 daily if you do not have an annual parking permit. During holidays and weekends, between May 1 St and November 15 the fee would be raised from $5 to $10. This would make a dramatic increase in the revenue projections. Even if less people pay the daily fee, there will be an increase in revenue. On average, 130 days a year the parking lot will be full. A decrease in daily parking may not be a bad thing. An increase in revenue would be helpful. The annual resident parking permits were last raised in 2010/2011. Commissioner McCray clarified the non - resident seasonal parking permit is $90. Mr. Majors noted only 20 to 30 are purchased each year compared to the annual parking permit that average 3,700 to 3,800 for residents of Boynton Beach or Ocean Ridge. Commissioner McCray expressed concern that smaller amounts requested by members at the Senior Center are not funded even though revenue is generated. Mr. Majors explained monies gained go back into the programs. 14 Page 314 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Vice Mayor Casello agreed with the increases in park fees, but questioned if a senior discount could be offered. Mr. Majors advised it would have to be a policy decision of the Commission. He had feedback from some residents that would gladly pay the $200. The increase in the daily fee will be the most beneficial. Vice Mayor Casello asked if the advisory board members could receive a discount on a beach permit. Mr. Majors advised it had not been offered in the past. Ms. LaVerriere was concerned about any possible ethical violation and Attorney Cherof advised that would be a County interpretation. Commissioner Merker agreed with Mr. Majors since the golf course and beach are two major assets. The increases seemed reasonable. Vice Mayor Casello suggested discounts for senior citizens be considered along with the financial impact on the proposed fee structure. Ms. LaVerriere noted the beach does not operate in the black. The beach does generate approximately $500,000 in revenue and it costs $525,000 to operate. It is common with the parks. Commissioner Fitzpatrick contended the break should be no weekends or holidays because the weekends are the parking problems and those on a fixed income are generally retired and can go during the week. Mayor Taylor cautioned against giving breaks. Age of the beachgoers is not as much of an issue as the car that takes a parking spot. Only so many parking places are available and every car should cost the same amount. Those who regularly use the park do not complain about the cost. People complain there is no parking available. Vice Mayor Casello asked that any change be well advertised. Mayor Taylor noted the revenue projections for the next budget year are not based on the increases, rather current figures. Ms. LaVerriere advised the numbers would be adjusted. Mr. Majors hoped it would be a considerable increase. (Mayor Taylor called a five - minute recess at 4.32 p.m.) Development Andrew Mack, Interim Development Director, pointed out the main changes in the budget were the reclassification of an administrative associate to an imaging technician to be commensurate with the job duties. Another change is a reclassification of inspectors and plan reviewers to be combined to afford more flexibility and provide a career path. It offers an advantage for hiring new talent and the possibility for staff to get additional certifications and become more valuable to the City and earn greater income. A step for application technicians was added and reclassified. 15 Page 315 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Also added was maintenance for the IVR system that was aging infrastructure and credit card maintenance fees being collected by the application technicians. Half of the cost of a community improvement specialist was moved out of economic development and a fourth out of community improvement into the development services administration line item. Vice Mayor Casello asked if the ability to take payments with a credit card is a feature in all departments. Ms. LaVerriere replied Customer Service, Development, Library and Recreation are the only areas. Vice Mayor Casello suggested all departments have that capability and specifically referred to the Fire Department. Mr. Howard responded most credit card payments are either in person or online. A phone payment with a credit card adds a layer of protection of that data that the City has not wanted to accept. The Finance Department would look into offering the ability to pay bills online. Commissioner Fitzpatrick did not understand the makeup of the City, such as ethnicity, income levels, and household incomes, number of households, how many retirees and those types of demographics. He suggested monies be allocated to get some type of data mining from the 2010 census. The budget is being prepared for whom, for what? Ms. LaVerriere replied there is a development atlas and that information is now being updated. Hanna Matras is the statistician. It is done every two years. The information is online. Vice Mayor Casello advised it broke down race, salaries, average age, businesses, household incomes and other information. M 'al mrlrrmon Jeff Livergood, Director of Public Works and Engineering, reported the Public Works programs are comprised of five General Fund programs. It was hoped Mr. Mack would be continuing on a part -time basis as the City Engineer. The proposed budget is very similar to last year. The administrative program is two people who oversee the Department. There is Facilities Management comprised of employees that maintain and repair the buildings throughout the community including air conditioning, electrical repairs, and custodial services. The budget is flat. The Facilities Manager and Senior Project Manager are being combined. Street Maintenance is four and a half employees who maintain streets in the community. Even though the budget is slightly under $1.1 M, $605,000 is paid to FPL for street lighting, a significant cost. Many of the expenses are subsidized by the gas tax monies received. The City has 254 lane miles of streets maintained by four employees. The primary method is contractual through the capital improvement program. Much of the resurfacing projects have been suspended for the last five years. Mayor Taylor understood there were streets being resurfaced in Leisureville and Mr. Livergood advised they were all owned by Leisureville privately. The County is paving Congress Avenue. The stripping would stop at Boynton Beach Boulevard. On the 16 Page 316 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 horizon for the County are pavement markings throughout the community. The County Engineer has been given a list of the streets that are priorities. Vice Mayor Casello inquired if work on the medians along Congress Avenue would continue. Mr. Livergood advised it was one of the upcoming programs, not part of this budget. Commissioner Fitzpatrick asked what the County and State roads were in the City that are not included in the 254 lane miles. Mr. Livergood replied the County highways would be Congress Avenue, Woolbright, Gateway west of Congress, SW 23 and State highways would be Federal Highway and Boynton Beach Boulevard. Gateway from Federal Highway to Congress is the longest stretch the City maintains. The Engineering budget has no significant changes other than going back to a half -time City Engineer in the interim. The coordination in the Development Department with Andrew Mack in several positions is incredible. Parks and Grounds maintain the green infrastructure in the City. Medians have been the thrust of the efforts and the public sees the results immediately. The budget is being reduced by $200,000 due to the replacement of plants on Federal and Congress. The frequency of maintenance on the medians is being increased from 42 to 50 services per year. Commissioner McCray wanted assurance the plants were weather tolerant and Mr. Livergood confirmed. Other contractual services include bus stop trash pickup for $20,000 and trash pickup in parks as needed $50,000. The $70,000 is new to this budget. Commissioner McCray asked if there were any other parks as bad as Sara Sims Park and Mr. Livergood responded Pioneer Canal Park and Intracoastal Park are very messy. Mayor Taylor understood the contractor who builds the bus stops is responsible to maintain the stops. Mr. Livergood indicated it was the City's responsibility to pick up the trash. The grounds crew visits every stop in the community twice a week. The landscaping initiative is $202,000 for new mulching, plantings along Congress and the work continues. The additional funds were for re- plantings and beautification of some areas for the public's perception. Defined areas would be outlined and conveyed to the Commission. Ms. LaVerriere advised it was the entrances where people are coming into the City and key roads to be beautified and improve the appearance of some streets. If the Commission had priorities, they should be conveyed to her and Mr. Livergood. 17 Page 317 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Mayor Taylor wanted an estimate on the cost to plant shrubs or fencing along 1 -95 where the garbage cans and supplies are stored. Mr. Livergood advised three plant screenings and a rebuilt berm would do much better than a fence in a couple years. Commissioner McCray felt a few more trees need to be removed from Heritage Park to discourage those who use the shade to gather in groups and cause damage. Commissioner Fitzpatrick inquired if the median plantings had died due to neglect and now have to be replenished at taxpayer expense. Mr. Livergood commented some plants naturally do not survive and there is vehicle damage that can be frustrating. The summer heat and being a median surrounding by concrete is not a friendly environment for any plants to thrive. Medians along Ocean Drive have not been upgraded, 17 by the Hester Center and a few others have to be rebuilt. There are also some traffic circles that need to be redone. Commissioner Merker asked about lighting and Mr. Livergood noted it was done through the streets program and done with FPL monies, per fixture. The goal is to have lighting at every intersection and in midblock or where there is a curve in the roadway. From a safety perspective it has been completed. The residents would like to have more lighting to improve the perception of safety. It would be a costly endeavor. The City has to pay for street lighting on State and County highways. A 100 watt fixture costs approximately $15 a month or $180 a year per fixture. They are high pressure sodium fixtures that give off more candle power. Vice Mayor Casello questioned the cutting of grass in the parks and Mr. Livergood related it was primarily done by staff. Some is contracted, especially vacant lots. The contract is being finalized to replace all the littoral plantings around the lake in Knollwood Park. Commissioner McCray observed the plantings in other median seem to thrive while Boynton's are not. The City relies on the horticulturist to select the plants. Different plants are being utilized. Using artificial turf was considered as well as different mulch systems. It will evolve over time. Mayor Taylor asked about cleaning the sea weed off the beach and learned it is contracted through Recreation and Parks and done twice a week. It has been increasing due to climate conditions. Fire Department Chief Ray Carter indicated there was a 4.6% increase proposed for the overall budget of $22M. The grant match of $98,000 would be removed and bring the increase down to $870,000. Most of the increase involves personnel costs. The wages did go up $130,000 because seven SAFER firefighters were absorbed into the budget. There has 18 Page 318 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 been significant attrition at the top end of the organization. Equipment needs comprise the remainder of the increase. There was a minimal staff reorganization. Two administrative associate positions merged into one and elevated the position to administrative assistant. The total reorganization savings would be $17,000 to $20,000 as far as salaries. The two battalion chief positions vacated are being funded and would be filled at a much lower pay rate. Revenues did increase. The ALS transport fees went up significantly as a result of the Commission approving an increase in transport fees to match other agencies. Commissioner Merker asked about the uncollectables and Chief Carter replied it was a 25% write off. About 75% of billings are collected for ALS Transport. The collection of fire inspection fees and false alarm fees is a little higher percent. The billing is $2M a year. Mr. Howard would provide an accurate figure. Vice Mayor Casello recalled the ALS uncollectables were $180K. The last write off was $290K. Was it cause for concern? Mr. Howard indicated those were older accounts on the books from 2009 and 2010. Four years is allowed for collection. The current collections are trending down. The old accounts are still problematic for collection. A grant has been sought and if not received, plans would need to be made to fund replacement items like a Self- contained Breathing Apparatus (SBA). It would need to be in as soon as possible because there cannot be different types of equipment. The firefighters are assigned to different units and the equipment needs to be the same. It can be paid through capital improvement or lease /purchase through manufacturers that is an inexpensive way to finance the cost. The equipment is owned by the City at the end of the lease. Vice Mayor Casello inquired if thermal imaging cameras would be the same scenario. Chief Carter advised the cost is spaced over a period of useable life and those products do not have to be identical. An equipment replacement spreadsheet reflecting the useable life of all equipment, replacement cost and maps out a program for replacement and the associated costs The radio communication system would have to be replaced in two or three years and tech services could indicate when the P25 equipment would be arriving and put into use. The equipment would have to be purchased at a cost of about $400,000 to the Fire Department. The Police Department purchases the radios. Vice Mayor Casello inquired about credit card processing for payments on ambulance runs. It was explained payments can be made by credit card when they are sent for collection. Payments are received through a clearing house and checks in the mail. The use of PayPal would eliminate having a credit card terminal and a person allocated to take the information. Customers are directed to City Hall if they want to pay by credit card. The issue with accepting credit card payments is the personnel to process the cards. It would be a new merchant account for Finance to add with a 2% fee and a terminal with personnel. PayPal would be the more ideal and more efficient choice. 19 Page 319 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 The Fire Department setting up a PayPal account was being explored. New software allows secondary insurances to be billed for balances and credit card requests are minimal. Online payments could be done through PayPal. Commissioner Merker asked about the assumed risk when applying for grants and the plans in the alternative if the grants are not awarded. Chief Carter explained grants are used to leverage and the replacement plan is the alternative. Commissioner Merker felt the replacement plan should be the priority. The need is there and Chief Carter stressed the equipment would be purchased. Commissioner McCray asked if the Smartphones could be used for credit transactions. A few departments do use the phones, but PayPal was the preferred method. It is a convenience for those out -of -state residents. He asked what a stair chair was and Chief Carter explained it looks like a chair, but folds into a stretcher. They are used to remove patients from upper floors of apartment buildings down stairs. Mayor Taylor questioned the line items for Quantum Park Association Fees $6,000 and Quantum DV Tax Collector $14,000. Mr. Howard explained Fire Station #5 is part of the PUD and the fees are required. The Police Department also pays fees for the property adjacent to Fire Station #5. Mr. Howard advised the one fee is the association fee and the other is the non -ad valorem assessment on the tax bill that is payable every year. Mayor Taylor asked about the line item for body armor and Chief Carter advised the body armor was issued five years ago for the safety of personnel when responding with the Police Department for domestic issues or violent crimes. The current armor is at the end of its useful life and the inserts will have to be replaced. Commissioner Fitzpatrick pointed out the detail pages show $967,000 but the total budget indicates $21.2M and $22.6M, a difference of $1.5M. Chief Carter explained the $22.6M was the proposed budget and the $22.088M is what the City Manager approved. Commissioner Fitzpatrick understood part of the increase was pensions at $248,935, health insurance $325,430 and pay increases at 2% would be less than $200,000. The total for the SAFER firefighters would be $450,000, but other salary expenses were eliminated. The overall budget is now $22M and ALS collections are $1.9M, fire assessment is $5.5M and contract revenue is $1.9M with $350,000 in revenue for fire and life safety. Commissioner Fitzpatrick calculated that all the items would not be available if County fire services were contracted. Chief Carter noted the fire assessment could be charged even though the services are contracted to the County. Ms. LaVerriere agreed it was possible, but it would be difficult to justify. Commissioner Fitzpatrick surmised the pension costs for retired firefighters would remain with the City. Chief Carter found the County contributes to a level that would be equal to the FRS (Florida Retirement System) contribution and the City would have to 20 Page 320 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 contribute the difference to keep the 175 and 185 plans whole. It would be 17% to 18% of payroll. Vice Mayor Casello thanked the Boynton Fire Department for their outstanding service and the City was lucky to have the Chief and his staff. Emergency Management Chief Carter indicated he budget was exactly the same as last year with no increase. Commissioner Fitzpatrick asked how a hurricane affects the City budget in the past. Mr. Howard replied the City does an initial assessment that is sent toFEMA. FEMA sent funding based on the estimates and the damage estimates were turned in to the re- insurance and insurance for those proceeds. The money would continue to be spent until the reimbursements are received. FEMA has changed some of those rules and Hurricanes Francis, Jean and Wilma have not been settled. Mr. Howard would provide the actual cost figures. Police Chief Katz pointed out this was the first year there have been three distinct division budgets. It was done so the division commanders would have individual stewardship of their own command. The division commanders should be able to articulate some sort of quantitative measure of their expenses. Chief Katz had oversight over all the budgets. Chief Katz announced Assistant Chief Stewart Steele was offered a position in Oklahoma and would be leaving. He was in the DROP and slated for retirement. This year's budget proposal has an increase of 5.1 %. Most of the costs are personnel related and the PBA employees received a 6% pay increase with another 3% increase next year. It was greatly appreciated. Associated pension and health care costs also increased the budget. From an operational standpoint, computer licensing obligations increased, radio repairs and support services increased from $112,000 to $155,000. It is typical of an aging radio system. The Police Department supports the entire radio system throughout the City and attributed to their operational expense. All three divisional budgets are very similar to last year. Commissioner McCray noted Uniform Services includes four Lieutenants. Ms. LaVerriere advised the figures are all before the reorganization. Commissioner McCray recalled asking if the City would be getting rid of any Lieutenants. How many would remain after the reorganization. Chief Katz advised the current structure reflects one or 21 Page 321 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 two Lieutenants depending on the contract negotiations with the individual captains and the ability to retain a budget neutral proposal. The Captains would be non -union employees. The Lieutenants will remain union employees. Vice Mayor Casello asked if there was only one Lieutenant what bargaining power would the Lieutenant have and Chief Katz responded immense power as they would only conflict with themselves. Attorney Cherof advised there would be no obligation to bargain with a single member of a bargaining unit. School Crossing Guards are a contracted service. Vice Mayor Casello asked why it would be the obligation of the City to pay for guards on County roads. The obligation is to the public and children to make sure they are safe. The City of Boynton Beach pays because the County does not. Commissioner McCray asked about a sting ball grenade. Chief Katz explained it was a crowd control device and emits a gas and projectiles at about shin level to clear an area. There would be some injuries, but nothing to vital organ areas. It would be an impact weapon type. Risk Management would prefer they not be used as would the public and Police. It is a crisis response. Those munitions have an expiration date and have to be routinely replaced. Commissioner McCray noted the line item vehicle vault for $1,800. Chief Katz replied the vehicle vaults secure the patrol rifles. It is not a weapon that should be easily accessible and used against the Police. The officers are responsible to account for contraband taken and deposited into a lock box. It is weighed and stored until properly disposed. Mayor Taylor inquired about the budget for sniper rifle ammo of $2,500. Each sniper rifle shot is catalogued and inventoried. It is a precise weapon system and personnel use the ammo for training. Munitions have become expensive and scarce in some instances. Vice Mayor Casello inquired if bullet proof vests have a shelf life. Chief Katz clarified they do and cannot be reused. Commissioner Fitzpatrick had received feedback that the Department is being cannibalized and many separate programs are being cut to put more officers on the road. It was rumored the narcotics unit was being discontinued. Chief Katz offered there have been promotions out of the narcotics unit, a normal part of operations. The mission is to move people around, expose them to all scenarios and help them stretch and grow. In narcotics, officers rotated in and out is common. The first priority is road patrol, the backbone of the Police Department. The marine unit is fully up and operational. 22 Page 322 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Commissioner Fitzpatrick was asked why the County SWAT team could not be used and those funds go for pay increases. Chief Katz advised the Department is liable for any and all liability by calling them in to act as agents for the City without any operational control. Commissioner McCray wanted to know the limitation on miles that take -home cars can be taken out of the City. Chief Katz thought it was 20 miles as the crow flies. Commissioner McCray had seen patrol cars in Fort Lauderdale and would give the information to Chief Katz. Mayor Taylor indicated the Commission would be approving the purchase of 33 police vehicles. He wanted to know if the cars being replaced would be auctioned or used for trade -ins. Chief Katz advised the cars would be auctioned off. The money received would stay in the Fleet maintenance fund. Vice Mayor Casello sought information on the training programs. Chief Katz stressed it would be part of the reorganization to change the manner in which training services are delivered. Training is important. He doubled the budget and staffing in the training unit. A different training method was being instituted. A training coordinator, a sworn officer, will be responsible for identifying the needs of the organization and needs assessment. Staff currently working the streets would be reassigned for two or four -week periods to be trainers and then return to their assignment on the street. The trainers have to be certified by taking an 80 -hour course provided by the State of Florida. There are also disciplines that can be covered for certifications. The training coordinator will be a Captain and they are rotated on an annual basis. Mayor Taylor asked if there was rent charged for the substation in Renaissance Commons. Chief Katz did not recall paying rent for the facility. It is the only substation at this time. Mayor Taylor opened the budget for public comment. Herb Suss, 1711 Woodfern Drive, suggested the budget for books at the Library of $150,000 should be addressed and increased. He wanted the millage rate to be raised from 7.9 mills to 8 mills and then it can be pulled back if possible at the September budget hearings. It would be a little more revenue and make things easier. There are high water marks with climate changes and more money is needed. It would be for the good of the citizens. Harry Woodward, President of INCA, thanked the City for replanting the medians. Money has been budgeted to prevent further problems. There are high -end developments coming in and the City should continue to look better and better. No one else came forward. 23 Page 323 of 561 SPECIAL MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL JULY 20, 2015 Nothing else to come before the Commission, Mayor Taylor properly adjourned the meeting at 6:18 p.m. CITY OF BOYNTON BEACH ATTEST: Janet M. Prainito, MMC City Clerk Judith A. Pyle, CMC Deputy City Clerk 24 Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 324 of 561 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE PROGRAM ROOM AT THE LIBRARY, 218 N. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 21, 2015, AT 10 A.M. Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Mayor Taylor called the meeting to order at 10 a.m. All of the Commission was present, Ms. LaVerriere announced Mr. Livergood would be presenting the capital improvement program. Staff was asked to project out further than five years to identify the needs in terms of infrastructure and capital improvements for the City. It is an expensive picture. There will be challenges to get the capital needs funded. The upcoming year's capital needs would be reviewed as well as an overview of the needs over the next five and 10 years. Jeff Livergood, Director of Public Works and Engineering, indicated a capital program is important for staff and for elected officials to have a growth map of what is planned for the future. The items may include maintenance projects and new endeavors. It is done to ensure funding is identified for the short term to continue the longevity of the assets. The elected officials can use the information to discuss with constituents new projects planned for the future, The FY 15/16 initiatives are funded. FY 16117 has a number of projects that have been deferred pending decision relating to Town Square and other areas. In the current budget there are improvements in Commission Chambers and in FY 16/17 and out further, there are necessary maintenance needs for the current City Hall building. There are many projects that need to be done in and around the City Hall complex. Even the Kids' Kingdom play area is at the end of its life. Decisions need to be made about the entire Town Square project. The Commission needs to keep in mind there are considerable future expenses just to maintain the current structures. Some projects slated for 16/17 should really be done in 15/16. It would not be wise to spend money on some of the projects if other options are on the horizon. The restroom improvements and other repairs have been delayed for many years in the Civic Center. Page 325 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Vice Mayor Casello questioned a $40,000 expense each and every year. Mr. Livergood replied it was a base amount to cover breakdowns or failures that are not anticipated. Commissioner Merker asked for the total cost of all items to maintain City Hall for the next five to 10 years, Mr. Livergood estimated in the next five to seven years approximately $2M to maintain the facility. It does not include any renovations or reconfiguring space. It was stressed that a decision had to be made whether we were staying in City Hall for the next thirty to forty years then the cost would be $15M to $18M. In that time electrical, mechanical, plumbing systems will have to be replaced. There are air conditioning issues in City Hall that are not addressed in the plan. Once there is direction on the future of City Hall, specific plans can be made. The Public Works compound will stay at its current location and be maintained. There will need to be renovations to the pistol range during 15/16. There are water intrusion problems and leaking from the roof that have to be addressed sooner rather than later. If a new police facility is planned, the pistol range project would not move forward. Vice Mayor Casello asked if other municipal pistol ranges could be shared. Chief Katz interjected it could be done. Due to the size of the agency, historically other municipalities have come to Boynton Beach. It was a state of the art range. Commissioner McCray asked if there were funds to paint the wall at Public Works and Mr. Livergood found it was projected to be done in 2018/19 for $20,000. Projects related to recreation programs or the parks improve appearances, customer satisfaction and the perception of how services are provided. Many of the projects are smaller and may be consolidated with other similar projects to develop a plan for completion and funding. There are many restroorn renovations that are being tied into the accessibility elements of the Americans with Disabilities Act (ADA) to have a logical approach to the needs. Commissioner McCray inquired who was responsible for locking and unlocking the restrooms in the parks. Mr. Livergood admitted there have been issues recently. It is a combination of City staff and custodial staff. The future plans give a timeframe to discuss the goals with constituents. Vice Mayor Casello inquired about the Barrier Free Park accessibility problem. Mr. Livergood explained it was the pathways that have minor cross slope issues that have to be redone. Refurbishing the bio swale next year would then be repeated every three years. A perimeter fence in Forest Hill Park has to be maintained in 15/16 and the basketball courts are scheduled for 20/21 to be resurfaced and new poles installed. However, there is no accessible route to get to the courts. Money has to be spent to make it handicap accessible. It is the cost of doing business. Page 326 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL 11V*&A1MK14H In 16/17, $30,000 was planned for an architect to renovate the lobby of the Hester Center. They are routine repairs that have to be planned and budgeted. Commissioner McCray noted the building was fairly new and questioned if it was poor workmanship or neglect. Mr. Livergood responded the building is 20 years old and the problems are not unexpected. Other Hester Center projects are the restrooms and the irrigation system fixed in 17/18 to resolve the issues. The air conditioning system is scheduled for replacement in 19/20. The unit sits on top of the gym that was not a good design decision. Playground equipment will need to be replaced by 2020 and there is a $360,000 project to make the equipment ADA accessible. The Sara Sims playground is accessible at and around the playground with the ramps to get into the area. With the park project completed, all the access will comply. There is a project in 18/19 for sealcoating a parking lot. The clubhouse room refurbishment at Intracoastal Park is scheduled for 15/16 to maintain a premier asset. There is also a kayak launch that will be grant funded. Some of the site light poles need paint that will be routine maintenance. The restroom renovations are scheduled for 17/18 because they are used heavily and there are ADA improvements planned. Next year the playground will be replaced that is at end of life. A new initiative of Recreation and Parks is to place a shade structure over the playground. Jaycee Park has a scheduled playground replacement in 22/23. Even though some projects are smaller dollar amounts, it is important to plan. There is a split-rail fence along Laurel Hills Park that is costly to maintain unless it is replaced with a different type offence. In fiscal year 13/14 monies were budgeted for an engineering analysis of the boardwalk to be done in 14/15. The pilings in the title zone have couplings failing and within two years the pin piling will have to be replaced with a cost of $1.6M. The cost is much higher than anticipated. It will be an important decision because Mangrove Park also has restrooms and parking repairs. A decision on the future of the boardwalk has to be made. It is a difficult environment to survive. The pilings are four inch galvanized pipes that are shorter lengths designed to not disturb the mangroves. The couplers are failing. The pilings below grade are okay. Many of the braces are disintegrating and the same situation will reoccur in another 15 years. Mayor Taylor felt the boardwalk park was a great amenity. It is frequently used and it is educational with wildlife and native flora and fauna. There is a lot to see that only exists in the City of Boynton Beach without traveling. Mr. Livergood agreed as a resident, but as engineer it is a costly maintenance issue. If the funds are not available to maintain the amenities, they fail and if replacement is not done, they should be removed. The Oceanfront Park parking lot has to be seal coated and the shade sails are to be replaced next year. They are hard to maintain. The picnic shelters are scheduled for Page 327 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 repair next year. There is a unique design to repair them. Asphalt pathways need repair and restroom refurbishments are necessary in 16/17 and again in 21/22 for a constant scheme. The boardwalk lighting has to be redesigned in 15/16. Oyer Park parking lot has to be resealed. The shade sails are scheduled for replacement and repair in 16/17. Constant channel dredging is necessary. An expensive repair is for the fishing pier railing that is treated timber. Powder coated aluminum is being considered. In 20/21 the decking is scheduled for replacement. Palmetto Green Linear Park needs restroom refurbishment and the ADA work is planned for next year. There are also ADA requirements for a parking lot. Pence Park has become a play field rather than a ball field. The restrooms need work and accessibility is another issue that is even more expensive. Painting of the exterior will be included. Pioneer Canal Park has similar type projects. Basketball and tennis courts are scheduled for work in 17/18 with ADA accessibility needed. The boat ramp will have to be replaced further out in the future. Sara Sims changes need to be done as soon as possible, such as park furnishings; restroom renovation that is costly, accessibility is expensive and landscaping problems. Commissioner McCray suggested the male restrooms be on the back side with the female restrooms in the front for safety reasons. There is a pavilion that was damaged and is no longer useable planned to be rebuilt in 16/17. Some of it was covered by insurance. There is a request for a drinking fountain in the Park. The nine projects should be done in 15/16, but ongoing planning efforts by the CRA have to be considered because the Park is totally redesigned. The projects are deferred to 16/17 to give the CRA Board and Commission time to make the decision on the Park. The Tennis Center is scheduled for repairs in 17/18 to sealcoat the parking lot and upgrade the medians and landscaping. General clubhouse repairs are needed and remodeling in the interior. In 15/16 some accessible routes from the parking lot to the clubhouse are scheduled to be installed. Other capital projects would be the City-wide radio system. Some are fire station related, but more to support staff operations rather than direct service to the public. The only improvement at Station #1 would be a request for garage bay doors and it has been put on hold. Like everything else in City Hall, it depends on the Town Square decision. If City Hall moves there will be a new Fire Station #1 built somewhere in the area. A number of IT items have been placed into the capital improvement program. The transportation projects have been difficult due to unknowns related to the FEC crossing improvements and what the City will have to pay. The Metropolitan Planning Organization (MPO) will be paying for many of the improvements. Maintenance for existing crossings may need to be funded by the City such as the cost for crossings at 36 and Gulfstream is in the current budget. 4 Page 328 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 The Model Block is budgeted for $430,000 that is a logical step because street maintenance improvements are gas tax eligible. The regular roadway program will be reinstituted in 16117 for $600,000. New in the capital plan is $150,000 for sidewalk access ramps and it is programed for five years and perhaps beyond. The plan for future projects is the basis for budgeting staffing needs and advise the public of anticipated park and recreation programs. The projected fund balance for 16117 is a negative $7.6M. Next year budgets will have challenges. Ultimately the running fund balance is a negative $14M. Funding capital will be difficult for the next 10 years. Commissioner McCray asked for the current budgeted amount for capital improvements and Mr. Livergood replied none. There is a fund balance in the 15116 budget of $1.'IM. Commissioner McCray understood money had been set aside and when Mr. Groff began as Director of Utilities, projects were quickly undertaken and implemented. No money has been set aside in recent years, Mr. Livergood explained for years the capital budget was funded 40% to 50% from the public service tax. It has not been possible in recent years. In two consecutive years $4.2M was taken from the capital improvement fund and transferred to the operating fund for general operations. Money was set aside, but it was taken for regular operations. It is an issue of deciding what amenities the City should offer and the source of the funding to maintain those amenities. New initiatives have not been funded knowing money was not available to maintain the current inventory. Many people would like to have new parks, a new City Hall, new Police facility and a decision has to be made on funding those endeavors. The current budget is primarily maintenance related. Mayor Taylor concluded $2.7M was budgeted for the proposed expenses and there is a fund balance of $1.1M, plus revenues of $1.6M to balance the budget. Commissioner Fitzpatrick recalled the amount of property taxes is approximately equivalent to the taxes raised 10 years ago. The main difference between then and now is pension costs were $5M then and $15M now. Pension costs have to be controlled and a plan has to be put into place for a higher level of funding so the City's contribution decreases. Commissioner Fitzpatrick was not in favor of 401K programs. Every year more money is going into pensions. It has to be addressed. Utilities Colin Groff, Director of Utilities, reported the key that drives utilities is the rates. It is an enterprise fund driven by revenue from customers who utilize the services. The rates being charged are the lowest in the County and very competitive. Utilities has a very healthy financial status. Page 329 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Projected utility fees are $42.2M and capital expenditures have peaked because of building a new $30M plant, There is about $90M in revenue with the majority coming from water and sewer usage, storm water revenues is a smaller portion. The projected revenues are about $42.2M next year that has increased $2.2M over the current year. Expenditures are about $90M of which $42M is operating and the rest capital. All necessary projects are funded. There are multiple divisions led by a manager who is responsible for the financial activities within their division. There is an increase due to personnel expenses and there is an increase in cost of materials and supplies as the economy improves. The increase is approximately $1.8M or 4,65% including $330,000 in personnel. Services and supplies increased to $572,000 that reflects chemical increases and $250,000 in new equipment. An additional $1M is being transferred into R&R (Repair and Replacement) capital from last year and adding to last year's reserves $182,000 a year. The reserves are being increased each year for future appropriations, Major capital projects include finishing the new water plant for $26M. The last of the big raw water main moving water from west to east is about $4.5M. Central Seacrest Phase 2 will be started in October for a two year project budgeted at $5.5M for a total expenditure of $11 M. Harbor Estates is a stormwater project and water line replacement. Commissioner McCray asked for the boundaries of Central Seacrest Phase 2 and Mr. Groff replied it runs from SW 4 th and SW 6 th Avenues south to Woolbright. It includes east of Woolbright between Woolbright and the railroad Up to 11 The last section may become part of Phase 3 and extend the project up to Town Square. Mr. Groff indicated Phase 1 was completed six months early. If Phase 2 is pulled forward five or six months earlier than planned, money can be saved because the contractors will be more available. The design was altered from the original plans because new utilities have been installed in the interim. The plans need to be updated to accommodate changes over the last 10 years. The catch basin concept was in the plan, but will need to be reviewed. Mr. Groff explained about $5,5M is spent to replace lines, equipment and pumps out in the field to continue to provide high quality water and get rid of wastewater. It includes doing stormwater projects. The last item is updating the Master Plans, rate studies and updating GIS that have been in the budget for a couple years and are now being staffed for completion. Commissioner McCray asked about the new fire hydrant installations. Mr. Groff reported over 200 have been installed this year. About 50 a year are planned for replacement each year. There are 4,000 hydrants throughout the City, The hydrants are only replaced when they fail. Vice Mayor Casello inquired if there had been any feedback on the new hydrants. Chief Carter responded the new hydrants have been used and there have been no issues. They provide the water when needed in the 1.1 Page 330 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 appropriate places. The old are an outdated design that causes maintenance issues and the security involved with access to the water system. Mr. Groff interjected they are easier to install and long term they secure the water system and will last longer with less maintenance cost. Commissioner McCray had seen hydrants with water dripping out and contended it was not conserving water. Mr. Groff explained all the water is accounted for in the revenue formula. It is a necessary process in installing the hydrants to clean the water. Commissioner McCray asked about the project in the INCA area. Mr. Groff indicated there had been a couple of neighborhood meetings and the response from the residents was appreciated. Design changes have been made. There would be another resident meeting and all easements have been agreed upon with the paperwork pending. In six to eight weeks it should be out to bid and started shortly thereafter. Vice Mayor Casello questioned why there have been numerous requests for water service outside the City limits. It was explained most are from areas expanded 10 years ago that did not connect at that time or connected and did not inform the City. An aggressive approach for revenue has been taken to make sure everyone using the City's water is paying for the water. In some instances the individual wells are failing and they have to connect. There is also new growth and every individual house gets its own water service agreement. An entire subdivision is done with one agreement. The requests are most generally fill-ins. All the stormwater projects were not undertaken as anticipated. There were vacancies that are now being filled that have caused delay of some projects. Six areas were identified for improvement. One is finished. NW 1 st and 2 "d have a couple homes in a hole and the design options are being investigated. NE 20 Avenue is an area with a completed survey and working on design. Venetian/Treasure Isle neighborhood has a completed concept plan and moving into design. The minimum disruption to the neighborhood has to be considered. In the Heart of Boynton there is a big area that needs to be identified and then plans made to fix the problems. It is about $2.5M in next year's budget. The focus for next year's budget is to complete the water plant project to serve the customers for the next 50 years, complete the planned stormwater improvements, implement the integrated utility management plan to update all documentation and focus on customer service. A new supervisor has been hired in Customer Service. New job descriptions were created for Customer Service Technicians with a career path. They will get positive confirmation for doing a good job and pay them fairly. The last step is to improve billing and collection processes. There are 35,000 bills a month. Complaints have increased because of a more aggressive approach for collection. More turn offs are being done. Notice is given and there have to be many ways for people to pay their bills. Vice VA Page 331 of 561 Awwaj=_ �� CITY BOYNTON BEACH, FIL JULY 21, 2015 Mayor Casello had received calls about weekend shut offs. Mr. Groff advised shut offs are usually not done on Friday unless there is a reason. After-hour turn ons are done Monday through Thursday. The bills have to be a couple of months in arrears. At least four or five notices are sent and a couple of phone calls and personal visits by the meter services employees are attempted before a shut off is done. Enhancing customer service is a major objective. As much notification as possible is given. Most individuals ignore the notices. There are instances where it could be done better. Commissioner Fitzpatrick had gotten some complaints when he first became a Commissioner and he investigated and found months and months of scamming to avoid payment. Commissioner Fitzpatrick also inquired if the utilities along North and South Roads could all be buried at this time when the infrastructure is being repaired and have the City pay the expense and amortize it over a few years to assist the residents on fixed incomes. Underground utilities would enhance property values. Mr. Groff advised the City offered to coordinate with FPL, Comcast and ATT to get those services underground. But, the water and sewer Utility funds cannot pay for it. The City offered to work through the homeowners association and there was not enough interest in the neighborhood to do it. Mr. Howard remarked there could be a special assessment for the individual properties, but it is generally only used for work the City completes. He was not sure the City should undertake a loan situation. Attorney Cherof was not aware of any procedure. Commissioner McCray wanted to see the research first on the possibilities. There are process issues in Customer Service, not people issues. Different vendors are used to support the payment methods and the current online payment system is not industry standard. Utilities is absorbing credit card fees and the possibility of charging the fee to the customer may be instituted. There are limited payment options. There is significant information about each bill that is not available to the residents. It has to be made available. The equipment to print, stuff and post the bills is expensive and the City is not efficient at the process using five employees that would be better used elsewhere for better customer service. The way to pay bills is changing globally. People are not using checks anymore and the City needs to change with the times. Late payments are made for various reasons and the City needs to provide ways for the residents to pay without being late. The goal is to make it easy for people to pay their bill when it is received. Finding someone to provide the services is being investigated. The vendor would specialize in payment processing to offer comprehensive services and expand the bill to provide more information to the customer. Data breaches are a big concern. Commissioner McCray wanted a way to get messages to the residents. Ms. LaVerriere advised it was done. Mr. Groff wanted the information expanded so it can be done less L.*] Page 332 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 expensively. He wanted to transfer the financial risk for a security breach to a third party, if it happens. The third parties have to be certified. The solution is to have a public/private partnership to do bill printing and mailing including inserts without additional cost. Paperless billing should be available and a third party partner would stay abreast of the technology to maximize the efforts. Paying by phone with a credit card has just been initiated. There is also the possibility of allowing payments at other storefronts that would not even involve the City and gives the customers additional locations to pay their bill at all times of the day. Many payments are made with lock box services. An RFP would be issued and the vendors would be able to pull all the information out of the existing database and make it available to the customers. Even a hotline would be provided. Payments could be made by phone, web, at the counter, mobile app, text to pay, e-billing and local convenience stores. It would eliminate many of the mistakes currently being made and provide better and more information to the customers, Vice Mayor Casello inquired if other departments could also use the technology and Mr. Groff replied absolutely. Once Utilities puts the system together, it would be very inexpensive for other departments to be added. The concept is to mail the bill, send, bill reminders before the due date and use late fee courtesy calls before a late fee is applied and/or service suspended. The current late fee is $10 a month. There will be a reduction in staff through attrition. Mr. Groff wanted to have trained individuals who answer the phone quickly and discuss the problems person -to- person and provide answers. Over time, not all the staff will be needed and vacant positions would not be filled. There will be lower bill processing costs, lower check processing costs and shift some of the credit card fees back to the customer. Currently, $200,000 a year is paid in credit card fees. The costs will be less for dealing with bad checks. Announcements of events throughout the City can be sent out with basically no cost because information is being sent about the bill. The goal would be to have the employees concentrate on the customer and not the technology. Bill averaging can be done to assist those on a fixed income. The Customer Service Representatives need to have more training. Mayor Taylor recalled that the Sewer Board usually has excess funds at the end of the year that is returned to Delray and Boynton Beach. Mr. Howard interjected the funds are returned back into Utility R&R because it is paid out of the operating fund. It is not budgeted, Mr. Groff reported changes made would eliminate most of the excess. Mayor Taylor hoped the money could be returned to the cities this year. There is a process allowing Utilities to give money to the City. Mr. Howard reported the General Fund receives a transfer from the Utility Fund on a yearly basis that has been budgeted at $5M. Ms. LaVerriere indicated any return would stay in the Utility Fund and not go to WO Page 333 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 the General Fund. Mr. Howard had discussed increasing the transfer into the General Fund. It is a process that will be reviewed during the coming year. Commissioner Merker wanted the idea of the transfer to be fully vetted. Any extra monies should be held in reserves for potential expenses. Mr. Howard indicated the amount would not fluctuate up and down. Any increase would have to be sustainable. The justification would have to be established for any amount of transfer. It can impact the bond rating. Mayor Taylor commented he was happy with the management of the Utilities Department and more projects were underway. Mr. Groff and his staff were doing a great job. Mr. Howard mentioned it was likely, during the next fiscal year, a bond issue will be presented for Utilities to cover some projects that need funding over the next couple of years. A bond was issued a few years ago and as those projects complete, the next phase will be reviewed for funding. Mr. Groff emphasized Utilities is financially extremely healthy for the bond market with a very low debt ratio to warrant an excellent rate. It is only big projects that need the bond funding and it will be paid off in 20 years. Mr. Howard recalled the Commission had approved an annual transfer to the R &R fund that had not been done. It has allowed the smaller projects to move forward quicker. Attorney Cherof interjected his research revealed the City could front the money for underground electric, telephone and cable services, but it would have to start with an agreement with those utilities. It could then be passed on as a special assessment to the property owners. Mr. Groff advised the underground facilities can be done and it will be four months before construction begins. Mayor Taylor pointed out the homeowners have to agree because the fee would be mandatory and they would have to be charged for something they may not want. Mayor Taylor called for a fifteen minute lunch break at 11:53 a.m. Solid Waste Mr. Livergood reported there were no significant changes. The bulk of the revenues are from garbage fees and roll off containers. The expenses are personnel, operating expenses, transfer to Fleet to buy equipment and a transfer to the General Fund of $4M. The operations are very profitable and stewardship is very important. Next year's budget includes $165,000 to monitor the landfill by the golf course. The monitoring requirements are being closed out. The landfill cap has to be repaired for $320,000. It has been capped for 25 years. There are 40 acres. The transfer from the golf course of $10,000 is for garbage pickup. 10 Page 334 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 The City has grown and there are only 40 full-time employees and a part-time employee budgeted. In 2000 there were 61 employees. The employees work on a task base system; when the crews are done they go home. A reduced labor force and aging equipment has resulted in all routes not being completed in a given day. Social media is being used to notify the residents. New staff was not proposed in the budget. New equipment arriving this year and in 16/17 will help and the addition of three new employees in 16/17 is anticipated. It is in response to the proposed Cortina development. Mr. Livergood was very proud of his crews. Vice Mayor Casello asked why trash was collected twice a week. Mr. Livergood indicated it was standard operating procedures in Florida. Once a week collection has been considered. It would only reduce the monthly fee $1 to $1.50. There would be more fly dumping throughout the community in the new swales. This is a hot environment and storage of the garbage for a week can create a problem. The monthly fee is now $15 and there is a non-ad valorem tax that pays for the disposal. Commissioner McCray inquired how many green garbage cans are replaced a month and Mr. Livergood advised maybe 50 to 100 a month. The price is approximately $50 each. Mayor Taylor thought staff does an excellent job collecting - the trash and are very responsive to complaints. Trash is collected even on holidays. Commissioner McCray remarked the problems in District 11 are not with the pickup of trash, rather people putting trash out all the time. There is a process in place to pick up the trash three days later and issue a warning. If done again, it will be collected three days later with an extra $50 charge on their statement. Commissioner McCray felt it might be a cultural misunderstanding. It was getting better. Mr. Livergood noted landlords and renters create a significant problem. Fleet Maintenance This is an enterprise fund. The revenues are from the operating departments. Fleet staff is responsible for repairing and purchasing vehicles. There are no significant changes in the budget. There are eight mechanics for 500 pieces of rolling stock. Commissioner Merker asked if purchasing used trucks had ever been explored. Mr. Livergood did not want to purchase someone else's problems. Commissioner Merker suggested the price point for a vehicle was the important factor if funds are short. Mr. Livergood countered that a truck normally ready for trade in could be kept as a backup vehicle. Many of the squad cars from Police are repurposed for Code Compliance, Engineering Inspectors and those who do local travel. The challenges are estimating the cost of - fuel to be purchased and estimating the prefunding amount for future purchases of new vehicles. 11 Page 335 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Commissioner McCray questioned why the concept of prefunding vehicles was not carried over for capital improvement projects. Mr. Livergood advised the same approach could be used, but a lot of money would be tied up in savings. Vice Mayor Casello inquired if the mechanics are required to have specialized training to work on some of the fire equipment. Most of the ladder truck work would be sent out because it is specialized. Same is true with aerial platforms and tree pruning equipment that is done through a contract. Vice Mayor Casello questioned if there were future plans for additional garage space to avoid the mechanics having to work on asphalt in the sun. Mr. Livergood indicated awnings were budgeted, but it has been pushed out a year due to budget constraints. Long range a maintenance facility would be the best option. Relocating the Public Works facility has been discussed. The needs of the entire City have to be prioritized. It was suggested a temporary fix be pursued. It is budgeted in 16117. Mayor Taylor suggested the vacant fire station on Congress Avenue be utilized. Mr. Livergood indicated it was not advisable to split operations. He favored consolidating all maintenance activities into one program to achieve the economy of scale and expertise. Vice Mayor Casello thought fire trucks were unique and required specialized maintenance staff. Mr. Livergood pointed out the same was true for the electronics in a squad car or solid waste vehicles. Golf Course Carisse LeJeune, Ron Tapper and Glen Landgraff made the presentation. Ms. LeJeune was pleased with the work done over the last two years to transform the Golf Course. Commissioner McCray asked what a round of golf costs and Mr. Tapper replied it depended on the day and time. The regular price is $33 for a daily fee that changes after 11 a.m. and varying prices for Club card members and permit holders. Ms. LeJeune pointed out the revenue from the General Fund was only $203,195 of the total revenue of $1,980,913. The transfer from the General Fund was reduced by eliminating some personnel costs making the budgeted figure $1,205,076. The cart and green fees revenues barely cover personnel costs. The organization was top heavy. The first assistant supervisor of maintenance position was eliminated since management are hands-on workers with the crews. There were two administrative assistants and one was eliminated by using a part-time administrative associate during peak hours and season. This would be sufficient in the office. There were also reductions through attrition. The total savings was $191,984. There are gaps in the operations and two part-time greens keepers will be needed to do the labor intensive work. One part-time pro cart/pro shop attendant could assist with the duties done by the assistant golf pro. The total savings was $139,805 resulting in a quest for a lesser transfer from the General Fund. 12 Page 336 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 There are increases in areas of fertilizer, chemicals, maintenance equipment and repairs that are integral to keeping the golf course functioning. Mr. Tapper further explained there were three part-time range attendants. One retired and the other two job responsibilities were done by others. The assistant golf professionals are doing some of that work too. Vice Mayor Casello asked how many golf professionals are employed. Mr. Tapper replied there are four since one retired that would not be replaced. The four are full-time, teaching positions. It is not the industry standard. The lessons are $40 for a half hour and $70 for an hour that is paid in addition to their salary. The lessons are not given during the 40-hour work week. Vice Mayor Casello inquired about the yearly transfer being budgeted for several future years. Mr. Tapper remarked the golf course needs reorganization. Ms. LeJeune interjected the goal is for the golf course to become self-sufficient and reap a profit and do a transfer in to the General Fund as done years ago. The supplies and equipment are needed to keep the Course to a higher level. Mr. Tapper noted there was an IT fee of $26,032 taken out of the budget and the $45,000 transfer to the General Fund. Vice Mayor Casello asked if those amounts would be forgiven every year. Ms. LaVerriere felt they would be until the Course stabilizes. Mr. Howard added the IT fee was set up when the City upgraded the computer system. It was taken out of Utilities, Golf Course and Fleet also. The transfer to the General Fund would be forgiven until they begin to show a profit. The basis for $12,000 for the snack bar rental was based on the current expenses. The restaurant is going out for bids soon. Right now the status of the clubhouse is unsure. The aesthetics have been improved dramatically. The decking is gone for safety reasons. The majestic oak trees are not slated for removal. Ms. LeJeune explained the intent was to save the trees if possible by installing root barriers where possible. Many of the tress are intruding into and underneath the foundation. The monies requested from the City will not be used on the clubhouse. The chemical and fertilizer budgets have increased and repair parts have gone up in addition to $50,000 of equipment. Ms. LeJeune mentioned the City Manager was given every single need of every department with the understanding that not everything would be funded. Logical decisions had to be made based on need. There is an equipment list with the condition of each item. Vice Mayor Casello remained concerned more money was needed to work the Course itself. Four assistant golf professionals may not be sustainable. The $12,000 for the concession seem speculative. Ms. LeJeune replied the market was a factor. It would recoup the expenditures and show a profit. The vendor would be using the City's facilities and equipment to make a profit that should be shared with the City. The price may need to be negotiated. Vice Mayor Casello speculated the location of the Links may impact the success of the concessions. It was expressed the first goal was to cater 13 Page 337 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 to - the golfers. The clientele wanted fresh food, restaurant type fare for breakfast and lunch. There is no intention of serving dinners. Commissioner Merker noted the Advisory Board only meets once a year. Ms. LeJeune recalled the Board was established to meet on an as needed basis when decisions are needed based on discussion. There is not enough day -to -day business decisions that would need board input monthly. Commissioner Merker contended the Board members may have ideas on how to raise money that should be considered. Ms. LeJeune stressed the board members can contact Mr. Tapper at any time with ideas or for discussion on issues that may arise. If a vote is needed for a change, - the Board would be convened. The establishing ordinance could be reviewed. Mayor Taylor remembered the Golf Course being very successful by operating out of its reserve fund. In order to maintain some aspects, the maintenance was ignored. The equipment got old and it was not replaced. Maintenance on some of the equipment is a daily chore. It should be understood that nationally participation with golf has dropped off. Cost has been a factor and available time. Both factors are being experienced by all golf courses and it affects revenue. Clarification was sought on the duties of the assistant golf professionals. Mr. Tapper responded they work behind the counter, work outside, whatever assists the golfers. The average salary is about $30,000. Mayor Taylor felt there should be a golf pro, but other individuals could work the counter and help the golfers. Mr. Tapper clarified one pro had retired and was being replaced by part-time workers. Mr. Tapper stressed the Golf Course has increased revenue by 5.5 %. Mayor Taylor agreed there have been tremendous irriprovements and the Course looks great. Corrirnissioner McCray hoped the improvements would continue and the transfer from the General Fund can be eliminated. Vice Mayor Casello continued to feel the Golf Course is one of the greatest amenities of the City along with the beach and marina. He was very supportive, but realized hard decisions had to be made. Commissioner Fitzpatrick believed the Course should be self- supporting. It is a long- standing program and he agreed with the transfer this year and next, but the third year another approach should be considered. Ms. LaVerriere pointed out there was a Five and 10 -year capital program for the Golf Course to cover future improvements. Mr. Livergood surmised the clubhouse has significant need with $2M appropriated for 17/18. An architect is proposed for 16/17 to do a preliminary scope. The existing building has significant problems. The cart garage needs to be replaced as does the electrical, screening and bag drop off. The cart paths need some improvement and the parking lots have to be seal coated. The restrooms have to be replaced in 19/20 and ADA compliance is required. A pavilion has rotten timber that needs extensive work. The maintenance building requires inside improvement. The Golf Course entry road will need to be micro surfaced in 22/23. 14 Page 338 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Commissioner McCray did not understand why the ADA was passed in 1990 and yet the improvements are being done currently. There was an update to the law in 2010. He suggested the improvements to many of the facilities should have been done during construction. Many of the requirements have been changed resulting in original provisions becoming non-compliant. Mr. Livergood emphasized many of the improvements are not significant. Commissioner Fitzpatrick understood the Course is leased from the County and improvements are planned for $2M. Mr. Tapper responded the Course is 140 acres, 27 holes, leased for 100 years and renewable for 100 more years. If the Course fails, the land is turned back over to the County. People come to the facility to play golf not the amenities offered. Commissioner Fitzpatrick noted with a 100-year lease a building would only last 50 years at the most. Self-Insurance Julie Oldbury, Director of Human Resources and Risk Management, reported development of an enterprise risk management program was the primary goal to consider the City as a whole. A risk steering committee was organized to assist with the program. It was hoped cost containment would be possible. Because the City is self-insured, the limits increased and there had been a cap on how much the City would pay out of pocket. It has been enhanced from $100,000 to $200,000 in the General Liability Fund. For every claim, the City has the potential of paying an additional $100,000 for each claim. On the Workers' Compensation side there was a $200,000 level for General Employees and $350,000 for public safety. They increased to $300,000 for General Employees and $850,000 for public safety. Before any excess carriers pay any claims, the City pays more. Commissioner McCray wanted an explanation of investment income. Ms. Oldbury explained it was an insurance reserve. Mr. Howard added Risk Management is a separate fund so the cash gets a portion of the investment earnings per month. It is an estimate. Miscellaneous income covers the money recouped from other insured sources. The interfund service charges get allocated to all the departments City-wide. Commissioner Merker asked about the flexibility of the plan to increase or decrease the out-of-pocket expense. Ms. Oldbury advised limits have been set by statute and insurance is purchased to cover those amounts. Each year the policies are reviewed for re-insurance levels and the market for lower re-insurance levels are compared. There is less - flexibility on the workers' compensation coverage. 15 Page 339 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Commissioner McCray wondered if the monthly safety awards were still given. Ms. Oldbury advised the monthly awards have not been done, but would begin again with the new - fiscal year. Vice Mayor Casello asked why there was an increase in the self-insured losses. It was partially due to the limits on the insurance increased and Ms. Oldbury's understanding of the existing claims. Warehouse Mr. Howard reported the Warehouse falls under Finance. There will be no additional personnel. There are currently four employees who buy products, store supplies and issue those to the departments. It runs very well and the yearly amount increases $17,000 due to health insurance, pension and an additional vehicle. The warehouse is located in the Public Works compound area. Mr. Howard had not changed the figures pending discussions between now and final adoption of the budget. There are ongoing discussions with ATS (American Traffic Solutions). If adjustments need to be done, they will be submitted before final adoption. A monthly fee is being paid without any revenue. There is some trickle down revenue and it is all part of the ongoing discussions. Local Option Gas Tax Mr. Howard reported it is revenue received from the State of Florida based on the tax per gallon of gasoline and then remitted back and split between counties and cities. Part will be used for road improvements and sidewalks that is transferred to the capital improvement funds. It was anticipated to have revenue of $1.2M next year. A balance of $300,000 was available from previous years not yet transferred. Mr. Howard recommended the monies be transferred. $815,000 goes to the General Fund as a yearly transfer. Andrew Mack, Interim Director of Development, noted the fund has no changes this year. There is a slight decrease of 2.2%. Mr. Howard pointed out the funding comes from the amount allowed for administrative costs of the CDBG (Community Development Block Grant) and any SHIP funding. There are some previous home improvement liens and satisfaction of liens that add to the funds. The expenses are the salary for the Community Improvement Manager and a Project Manager. The revenues are the administrative part to run the programs. There is an application process for the distribution of the grant monies. iN Page 340 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Debby Coles-Dobay, Public Art Manager, offered the budget was status quo. There was a fluctuation resulting from the biannually held Kinetic Art Symposium. The fund manages the programs for public art throughout the City. There is $600,000 for the upcoming year. Strategic planning is being done to allocate funds for maintenance of some of the public art. Commissioner Merker expressed his enjoyment with the Kinetic Art event, He did feel the owners or renters on East Ocean Avenue should have input and consent to the art objects being put near their businesses. He strongly felt the businesses should be consulted. Art appreciation was irrelevant. Ms. Coles-Dobay agreed with the safety aspect. It is a priority with siting public art. I Z?TTA TTT,7* "s - • ! . Wally Majors, Director of Recreation and Parks, explained this fund captures the monies collected from developers constructing any type of residential construction in the City. The fees should be expended in the area of which it is collected. If no improvements are needed, the funds can be used at other parks that are designed to have a more regional service area. Funds have been allocated to install some shade covers at Intracoastal Park and at Jaycee Park. The money can only be used for development, purchase or improvement of parks. Commissioner Fitzpatrick had pointed out the Utility Department took property from Pence Park and there should be an interagency transfer from Utilities into the fund to compensate to keep the amount of park land the City currently has or improve it. Program Revenue Fund Mr. Majors offered the fund was created in 1992 so all program fees should be placed into a separate fund to ensure the programs are self-supporting. The fund also allows for a $100,000 contribution back to the General Fund annually and funds the Youth Empowerment Center at the Sims Center, FunFare Magazine and subsidizes many programs that are offered to the community free of charge. It is helpful and provides a very necessary service allowing the fees to remain affordable for all. Commissioner McCray asked if the summer programs were self-sufficient. Mr. Majors replied the fees cover the direct expenses including the cost of instructors, supplies or equipment. Debt Service Fund This fund records the utility tax revenues from Florida Power and Light, Florida Public Utilities, Communication tax and the utility tax on the water bill. It also is where the debt 17 Page 341 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 service payment is made. The refinancing allowed the debt service payment and interest to decrease for the upcoming year. The $6.2M is then transferred to the General Fund covering the remainder of the revenue. A portion also goes to capital improvement to provide a regular funding source for the capital improvement fund. Cemetea Fund Mr. Livergood noted there is $15,000 budgeted to replat the cemetery for additional burial sites. This completed the fund presentations. Mayor Taylor asked how many open positions there were City-wide. Ms. LaVerriere offered there were positions open and not being filled. Ms. Oldbury advised there were 23 positions. Mayor Taylor wanted to combine the monies for salaries for those positions; averaging $45,000 each would total approximately $950,000. There would be a 30% charge for benefits to increase the amount to $1.2M. Mayor Taylor stressed had those positions been filled it would have added the amount to the overall budget. Some will have to be filled. Vice Mayor Casello asked if the 23 positions were still funded and Ms. LaVerriere advised they were funded. Many are part of the Police Department reorganization and utility employees. Mayor Taylor opened the floor for public comment. Herb Suss, a citizen and taxpayer felt no one had the right to speak to somebody as a Commissioner had done. Decorum and respect are important. Mr. Suss suggested the millage rate be increased to 8 mills to collect more money. Infrastructure is very important. Times are good and the economy is rolling. The City could assess all residents for capital improvements and infrastructure. He reiterated the millage rate should be 8 mills with any assessments needed. He urged the Commission to take into consideration that interest rates on bonds are low. Climate change will have an impact and more flooding will occur. The Commission is doing a good job. More grants should be sought by the lobbyist. Charles Kanter, a Parkside resident, recalled the development was named because it was beside a park owned by the City. The Board should have taken enough money from the fees paid to build the park. After all of the activity done to get the park developed, including a major meeting with United Way, the park is not even in the budget. The Recreation and Park Advisory Board voted the park the number one priority. There are many residents ready and willing to be adopt-a-park volunteers. He urged the Commission to get the park underway. There are several developments in the area and there is no park at all. The residents are ready and willing to help. Eugene Gerlica, District Engineer for Quantum Park Overlay Dependent District, advised the Overlay District has spent the money to hire a park planner who produced IiR Page 342 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 the master plan for the Thomas A. McGillicutty Park on the preserve. It is a 60 -acre park of which the 18 acres of - the City park land is inclusive. A report was prepared indicating the total construction cost and maintenance cost were included. The City's capital improvement budget goes out 10 years. It was requested that the Quantum Park Eco Park gets on the capital improvement plan. No money was requested to be spent by the City in the next fiscal year. The District wanted to work with the City staff to phase in the total cost over years. It would start with removal of some exotics and improve the entrance way and open things up. The Overlay District has some money to spend this year to improve the preserve area and potentially get that open to the public. There is an RFQ to be received next week for a landscape architect. He asked that Quantum Park be listed and the line items to identify the cost responsible by the City be programed into the budget over the next 10 years to be used by everyone. Vice Mayor Casello had been to an Overlay District meeting and there were plans discussed that are still in progress that addressed the entrances and exits. Mr. Gerlica advised surveys have since been done to develop alternatives for parking and bathroom issues. Commissioner Fitzpatrick disagreed with the name of the Park. Commissioner McCray wanted to know the total amount of grants applied for next year and Debbie Majors, Grants Coordinator advised the departments were anticipating 15 grant applications totaling $2,473,767. A copy of the list would be provided to the Commission. Some grants are more competitive than others. Some are large grants while others are small program type grants. Capital grants are not sought because the capital fund is primarily maintenance. She cautioned that some grants require a match of funding From the City. Mr. Howard advised the two actions for the Commission were to adopt a preliminary fire rate resolution and it is recommended to remain at $100 per residential dwelling unit and per square footage for commercial and nursing home categories and to adopt a proposed millage rate. The proposed budget uses the rate of 7.9 mills. Commissioner Merker agreed to keep the fire assessment as it is and Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick was disappointed the Commission wants to give a sweetheart deal to the Village of Golf that could have reduced the rate $5 a person next year. Commissioner Merker agreed there should have been more negotiations with the Village of Golf. The motion passed unanimously. 19 Page 343 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 Mr. Howard reminded the Commission they were setting a proposed millage rate. The Final millage rate is adopted in September and by statute, whatever millage rate is proposed, can be increased in September but it requires a first class mailing to every resident in the City. It can be lowered in September with no problem. It should be a millage rate that the Commission is comfortable with and it can be decreased in September. Mayor Taylor pointed out the budget started out being $1.5M short. The City Manager and Finance Director have done a great job without going to reserve. There is a $450,000 shortfall and it is hoped this year's budget would come in under that amount to bring the balance forward and zero out the shortfall. The Commission has raised the millage rate on the taxpayers three years in a row and a tremendous message could be sent to the taxpayers by taking $370,000 out of the reserve fund and reduce the rate to 7.8 mills to help all the residents. Vice Mayor Casello asked if the $450,000 shortage could be found in the budget. Ms. LaVerriere advised the shortage would be the appropriated fund balance. The money will be taken out of the fund balance and by the end of next fiscal year hopefully would come in under budget. All the budgeted items would be included. If the rate is lowered to 7.8 mills, instead of appropriating $450,000 of the fund balance, the budget document would show appropriating $820,000 with the goal of coming in $450,000 less. Vice Mayor Casello was skeptical. Commissioner Merker argued the idea was beyond his comprehension. It was a political statement to play games with the citizens. The status quo is the current situation. There still is not funds for important improvements and equipment. Realistically it should be kept the way it is because we are not having the surplus that we need. There was an issue with the Police this year. Next year was uncertain and there needs to be a plan for improvement. The proposed rate is a gamble with a projection that is make believe. Taking a chance is an absurd statement. Commissioner Merker was totally against lowering the millage rate. Mr. Howard stressed the emergency reserve would stay intact at $77M. The City is about $4M above the reserve. Commissioner McCray recalled the Mayor had pointed out with the unfilled position $1.2M was being saved. He favored staying at the 7.9 millage rate with possibly going down to 7.8 mills in September. Commissioner Fitzpatrick was in agreement with Commissioner Merker. If the object is to do something for the citizens, it should be by reducing pension costs. It is on 20 Page 344 of 561 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 projection to continue to rise the next year. Every year pension reform is delayed the cost increases. Waiting until the elections are over is not working on pension reform. Mayor Taylor stressed pension reform cannot be done quickly. It has to be negotiated with the unions and experts have to be consulted. He agreed it has to be addressed. Commissioner Merker agreed talk was cheap. Lowering taxes with a major issue of pension reform pending is a dream. It could be a nightmare. Ms. LaVerriere commented the majority of vacancies existing involve two of the larger departments, Police and Utilities. If positions were frozen at this time it would be devastating to the Police Department and its service levels. The Utility vacancies need to be filled to fulfill the goals of Mr. Groff. She was not sure if it was being suggested that the vacancies not be filled. Mayor Taylor and Commissioner McCray advised they were not advocating the positions not be filled. Mayor Taylor noted while the positions are being filled, dollars are being saved. Commissioner McCray offered a motion to keep the millage rate at 7.9 mills. Commissioner Merker seconded the motion. Mayor Taylor did not have a problem keeping the rate at 7.9, but he would be voting to lower the rate to 7.8 mills in September. Vice Mayor Casello wanted to wait to September to have a better picture and it is much easier to lower than raise the rate. He agreed to keep it at 7.9 now and revisit it in September. The motion passed unanimously. Attorney Cherof noted it was the adoption of Resolution No. 15-080 and he announced the millage rate of 7.9 for the fiscal year will have a rollback rate of 7.3762. The first public hearing will be September the 3 r ", 2015 at 6:30 p.m. in Chambers. Ms. LaVerriere noted there is no new park development in the capital program and the City was struggling to maintain the existing parks. She advised Mr. Majors should have a discussion with the Recreation and Parks Board on their priority listing and report to the Commission in September. The desire for future years can be included. It has to be viewed as a whole of the entire parks system. All the parks renovations and improvements could be included in the capital budget and it can be addressed each year. Commissioner McCray thanked staff for making the hard decisions and he appreciated their efforts. If the money is there, and not needed, please, do not spend it. He commended the City Manager and Finance Director for a job well done. 21 Page 345 of 561 MEETING MINuTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL JULY 21, 2015 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 2:38 p.m. CITY OF BOYNTON BEACH Jerry Taylor, Mayor Joe Casello, Vice May(m David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner UK Janet M. Prainito, MMC City Clerk /A ith A. Pyle, CMC eputy City Clerk RZ Page 346 of 561 7.A. REQUESTED ACTION BY COMMISSION: Approve a purchase order be issued to A Cut Above Landscape and Irrigation Company in the amount of $121,899.65 for landscape improvements to fourteen (14) Congress Avenue medians. Improvements are being made based upon recent designs by Kimley Horn. EXPLANATION OF REQUEST: This item supports continuation of the Congress Avenue median beautification project to include installation of shrubs, ground covers, trees, soil, mulch and fertilizer for 14 medians as indicated below. Median Amount NC -06 $21,327.80 NC -07 $12,398.40 NC -08 $11,109.45 NC -10 $ 5,991.60 NC -11 $ 1,281.00 NC -12 $ 1,608.00 NC -13 $ 7,378.60 NC -14a $ 5,422.30 NC -14b $17,452.50 NC -16 $11,373.30 SC -02 $ 9,226.50 SC -03 $ 2,231.00 SC -04 $13,198.50 SC -05 $ 1,900.70 TOTAL: $121,899.65 Staff tried to obtain quotes from various vendors (including the ten (10) awarded vendors on the current Landscape Maintenance Bid #020 - 2730- 13 /JMA), and was only able to receive one quote and two refusals for each median request(attached). None of the vendors who currently have bid awards for the Landscape Maintenance Bid offered quotes. Based on staff contacting the vendors that were awarded under the current Landscape Maintenance Bid and their contacting three (3) additional vendors and receiving two (2) declines and only receiving quotes from the vendor A Cut Above Landscape and Irrigation Company, we believe we have met the standards of the competitive bid process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Enhance beautification of City medians. FISCAL IMPACT: Budgeted Funding available in Forestry and Grounds Maintenance line item #001 -2730- 572 -4698. ALTERNATIVES: Not to enhance medians at this time. Page 347 of 561 STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: During Commission Strategic Planning the Commission approved enhancements of medians. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum REVIEWERS: Department Public Works Finance Legal Finance City Manager Description Congress Avenue Median Beautification Project Reviewer Action Date Livergood, Jeffrey Approved 8/21/2015 ® 10:44 AM Howard, Tim Approved 8/25/2015 ® 10:10 AM Swanson, Lynn Approved 8/26/2015 ® 10:52 AM Howard, Tim Approved 8/26/2015 ® 12:06 PM LaVerriere, Lori Approved 8/27/2015 ® 11:31 AM Page 348 of 561 Mootz, Gail From: Green Construction Technologies, Inc. <GCT-GC@bellsouth.net> Sent: Wednesday, August 12, 2015 11:09 AM To: Mootz, Gail Subject: RE: REVISED: RFQ-Congress Avenue Median Beautification #2 Hello Gail, We are not interested in submitting a quote at this time. Please keep us on your bid list. Just a note::. it would be easier if the medians were all typed up line item by line item on an excel spreadsheet for us, as we just do not have the office time available to do so. Otherwise, we would have been happy to bid all of the previous ones sent. 91ROMWON Christina Erwin I rPresident I Eil(email): W-gic(ED-bellsouth. net Green Construction Technologies 12130 NE 15th Terrace I Wilton Manors, FIL 33305 Iff(office): 954.563.3379 1 A (fax): 954.563.38831 W(cell): 954.914.9588 From: Mootz, Gail [mailto:MootzG@bbfl.us] Sent- Friday, August .07,-20.15. 9:26 AM To: Mootz, Gail Subject: REVISED: RFQ-Congress Avenue Median Beautification #2 U-M • - R: . :• . 0 M=1 0 - - - ft fCp - t 7[ f6l M7 r 5171 e l kell5et? #=)[ 17=1 il= e I =?S -7 =FX7 F7 rye F • Boynton Beach. .......... .. .. .. . . .... ............ ...... - .... .... ...... . . The following documentation is included for ease • quoting. 1. PDF of REVISED Landscape Plan Median NC-14a, NC-14b, NC-16, SC-02, SC-03, SC-04, SC-OS 2. PDF • RFQ. IMIME �- HELM Page 349 of 561 Y, 11 Mootz, Gail 7777777771,7777777777777777, .............. . . . . . . ............................ j2bject: FW: REVISED: RFQ-Congress Avenue Median Beautification From: David Vincent [mailto:david@vandslandscaping.com] Sent: Tuesday, August 11, 2015 2:52 PM To: Mootz, Gail Subject: Re: REVISED: RFQ-Congress Avenue Median Beautification No bid at this time Sent from my Whone On Aug 11, 2015, at 1:52 PM, Mootz, Gail <MootzG@bbfl.us> wrote: Good Afternoon; ,% This is a friendly reminder that quotes are due today. Thanks Gail nffll•,• ,, Sent: Friday, August 07 2015 9:23 AM To: Mootz, Gail' - (MooQ�bbfl.us) Subject: REVISED: RFQ-Congress Avenue Median Beautification Hello Valued Vendor; Attached you will find documentation for the REVISED plans for landscaping of medians on Congress Avenue in the City of Boynton Beach. The following documentation is included for ease of quoting. 1. PDIF of REVISED Landscape Plan Median NC-06, NC-08, NC-10, NC-11, NC-13 2. PDF of RFQ. Please have later than your quote submitted no Mly Ohl If you are A"011 interested in submitting a quote, If you have any questions or concerns please contact me at 561-742-6223 (office) or 561-307-2185 (cell) Thank you Gail <NC-06-Plan-Rev.pdf5 <NC-07-Plan-Rev.pdf5 <NC-08-Plan-Rev.pdf5 <NC-10-Plan-Rev-pdf <NC-1 I-Plan-Rev.pdf> <NC-12-Plan-Rev.pdf5 <NC-13-Plan-Rev.pdf5 <Median-.Detail Plan-2 RFQ.pdf> <Median-.Detail Plan-3 RFQ.pdf> Page 350 of 561 From: "Mootz, Gail To: Mootz. Gail (MootzG(c)bbfl.us) cc: "david(c)vandslandscapino.com " "damon(alacalandscaoe. net' " bw (a)abetterlandscaoecomoanv.com "hirschnsons(o)vahoo.com " "act- ac(ftellsouth.nef ; "oreenarass(a)amail.com" "iohnnv(@enviroscaDesDlus.com " "mcclendoriftellsouth.net " "vladimirObakatz. net ": " Ivsuoedodandscaoina (@hotmail.com " "admin(a�novoarbor.com " " customerservice (alDhoenix- landsca e.com " " inf n(a�suoeriorlandscaoina.com ": "latonaview(@aol.com " Ramsey, Kevin Subject: REVISED: RFQ- Congress Avenue Median Beautification Date: Friday, August 07, 2015 9:22:00 AM Attachments: NC- 06- Plan - Rev.odf NC- 07- Plan- Rev.odf NC- 08- Plan- Rev.edf NC -10- Plan- Rev.edf NC- 11- Plan- Rev.edf NC- 12- Plan- Rev.edf NC- 13- Plan- Rev.edf Median - .Detail Plan -2 RFO.Ddf Median - .Detail Plan -3 RFO.Ddf Hello Valued Vendor; Attached you will find documentation for the REVISED plans for landscaping of medians on Congress Avenue in the City of Boynton Beach. The following documentation is included for ease of quoting. 1. PDF,of- REVISED Landscape Plan Median NC- 06, NC -GS, NC-10, NC -11, NC -12, K -13 2. PDF of RFQ. Please have your quote submitted no later than If you are 0 interested in submitting a quote, If you have any questions or concerns please contact me at 561- 742 -6223 (office) or 561 - 307 -2185 (cell) Thankyou Gail Page 351 of 561 City of Bo ynton 222 NE 9th A ve Boynton Beach, FL 334 ' i" Ci r� IIIU'I1' 1 L x n I =m Page 352 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. k" iNv A City of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33435 1 11 1 0 11 1 1 1 8/7/2015 1 9377 Page 353 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. City of Boynton Beach . Boynton Beach, 33 C SBE Vendor #VC0000009701 mrm, 1 1 Page 354 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOIAER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. f6i6 D ROAD City of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33435 PBC SBE Vendor #VC0000009701 11 1 X 111 - 181101!20 15 '380 Page 355 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. { �i t i l S yi d t i 2 1 S ) 1 i. 11 ail 1 if City of Boynton Be 9 th Ave Bo Beac 1 P C SBE Vendor NV C0000009 7 0 1 y YM1�� ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRAMTS PERMISSION TO ACA TO COMMENCE PROPOVIM of 561 City of Boynton te=ch 222 9th Ave ■«»«i» Beach, FL 33435 K I }�Sf L »!+I v«» 2f11111f21; .. , {\ / { ® \ �, _ , , :• t ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO mu_ NURSERY PRACTICES AND SHALL m FLORIDA NO. 1_BETTER AS GIVEN m GRADES AND STANDARDS FOR NURSERY 9LAms STATE oFLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE ACHARGE _1.5%O ANY BALANCE RE MAINING AFTER 30 ov PAST THE DUE DATE _2H SHALL BE ASSESSED __HL mom ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER m«Ls LIABLE FOR COSTS o COLLECTION AND REASONABLE ATTORNEY'S FE e THEREIN. YOUR se_®® _o. CONFIRMS YO a UNDERSTANDING OF as COLLECTION mLIC Y_DGRAmsPERMISSION TO ACA mCOMMENCE mooP§I7777 of 561 City. of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33435 ' •��`� IlIIII' I' t R S � �('„ 1 11 1 2 Page 358 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. S OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Qt)4 of Boynton Beaclh 222 NE 9th Ave Boynton Beach Sri � A i ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS.PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Page 359 of 561 City of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33435 PBC SBE Vendor #VC0000009701 `,h'r � }i lis I� ,,.• A �,"� � Old �l�j �! w t a 11 i* , 8/10/2015 9385 Page 360 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Boynton it, T11111 City of Beach 222 NE 9th Ave Bo ynton ! s i 8/10/2015 X386 Page 361 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. k(,4 it, pf Jr 131t r „ City of Boy nton 222 NE 9th Ave Boynton .� ECG I ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5 ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Page 362 of 561 Vend #VC0000009 8/7/2015 �371r City[ of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33435 PBC .SBE Vendor #VC0000009701 Page 363 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. City of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33435 P C S E Vendor NVC0000009701 8/7/2015 9373 Page 364 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. 1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. City of Boynton each 222 NE 9th Ave Boynton Beach, 33 PBC SSE Vendor #VC0000009701 Page 365 of 561 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO. S OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY "PLANTS ", STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE. THERE WILL BE A CHARGE OF 1.5% ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY. SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT, CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN. YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. 7.B. REQUESTED ACTION BY COMMISSION: Approve and authorize the City Manager to execute required documents for the following policies, for the fiscal year 2015 -2016 renewal for Group Medical and Dental Insurance. (1) PROPOSED RESOLUTION NO. R15 -104 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's group Medical Insurance for the plan year October 1, 2015 through September 30, 2016; (2) PROPOSED RESOLUTION NO. R15 -105 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2015 through September 30, 2016. EXPLANATION OF REQUEST: The option for a one year renewal for medical insurance and dental insurance were included in the 2014 RFP No. 048 - 1610- 14 /JMA for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance." Medical insurance renewal rates for existing plan options resulted in a 19.15% premium increase. At the direction of Commission, alternative plan designs were requested and reviewed. Staff is recommending a plan option that results in an 8.58% reduction in premiums over last year. Dental insurance renewal rates for the existing plan option resulted in a 5% increase in premiums for Plan Year October 1, 2015 through September 1, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? (1) Medical: Staff recommends offering one plan option through CIGNA for medical insurance: A High Deductible Health Plan (HDHP), which qualifies for a Health Savings Account (HSA). This plan requires employees to meet a plan year deductible before the insurance plan will cover 100% of covered in- network services. Once an employee meets the plan year deductible (PYD), for covered in- network services, they will only be responsible for prescription co- payments. The deductible for employee only coverage is $2,500.00, while the deductible for family coverage is $5,000.00. The City will contribute (an amount to be determined) into each employee's Health Savings Account. Please see attachment: Summary Plan Comparison, which illustrates the current plan designs and the recommended renewal plan design. The monthly premiums for this plan are as follows for the time period October 1, 2015 through September 30, 2016: Category Current Renewal Monthly Billing Premium Monthly Billing Premium Page 366 of 561 Employee Only $732.62 $668.89 Employee & Spouse $1,421.28 $1,299.65 Employee & Child(ren) $1,318.72 $1,206.70 Family $1,633.74 $1,492.20 The City will continue to pay 100% of the premium for employee medical insurance. For employees who elect to cover dependents on their plans, they will have the following savings in premiums over last year: Category Current Monthly Billing Premium Renewal Monthly Billing Premium Employee Only Employee & Spouse Employee & Child(ren) Family (2) Dental: $0.00 $57.89 $48.27 $77.81 $0.00 $694.68 $579.24 $933.72 Staff recommends remaining with CIGNA for our dental insurance. The monthly premiums for this plan are as follows for the time period October 1, 2015 through September 30, 2016: Category Current Renewal Monthly Billing Premium Monthly Billing Premium Employee Only $28.86 $30.30 Family $80.72 $84.75 FISCAL IMPACT: Budgeted The fiscal impact for FY 2015 -2016 is as follows: (1) Medical — 8.58% reduction in premium over FY 2014 -2015; however, savings will be invested in employees' Health Savings Accounts. (2) Dental — 5% increase in premiums over FY 2014 -2015 with an estimated additional expense of $11,850.00 (based on enrollment), which has been budgeted in FY 2015 -2016. ALTERNATIVES: 1. Renew existing medical insurance plan options with 19.15% increase in premiums (approximately $1.2M cost City-wide for employee coverage). 2. Reject all plans, which will result in going out to bid and being re -rated by carriers on all lines of insurance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 367 of 561 Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Action Type Description D Resolution Resolution approving agreement with CIGNA for Finance Howard, Tim medical benefits D Resolution Resolution approving dental benefits with CIGNA D Agreement Provider Agreement- Mad I cal D Agreement Provider Agreement- Dental D Addendum Cigna Medical Insurance Renewal Letter D Addendum Summary Plan Comparison REVIEWERS: Department Reviewer Action Date Human Resources Oldbury, Julie Approved 8/18/2015 ® 5:54 PIM Finance Howard, Tim Rejected 8/25/2015 ® 11:35 AM Human Resources Oldbury, Julie Approved 8/25/2015 ® 12:31 PIM Finance Howard, Tim Approved 8/25/2015 ® 1:55 PIM Legal Swanson, Lynn Approved 8/26/2015 ® 10:53 AM City Manager LaVerriere, Lori Approved 8/27/2015 ® 5:29 PIM Page 368 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIGNA HEALTHCARE CORPORATION FOR GROUP HEALTH INSURANCE FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider Agreement with CIGNA HealthCare for the medical insurance plan for a term commencing October 1, 2015 to September 30, 2016, for city employees. 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 approves an Agreement with CIGNA HealthCare for the medical insurance plan for City employees for a one year term commencing October 1, 2015 to September 30, 2016, a copy of which is attached hereto as Exhibit "A ". Section 3. The City Manager and City Clerk are authorized to sign the Provider Agreement with CIGNA HealthCare. Section 4. That this Resolution shall become effective immediately upon passage. -1- Page 369 of 561 I PASSED AND ADOPTED this day of , 2015. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) -2- YES NO Page 370 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R15- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIGNA HEALTHCARE CORPORATION FOR A FULLY INSURED DENTAL PLAN FOR CITY EMPLOYEES FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30,2016; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the employees of the City of Boynton Beach to approve a one (1) year Provider Agreement with CIGNA HealthCare for the a fully insured dental plan for a term commencing October 1, 2015 to September 30, 2016, for city employees. 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 approves a an Agreement with CIGNA HealthCare for a fully insured dental plan for City employees for a one year term commencing October 1, 2015 to September 30, 2016, a copy of which is attached hereto as Exhibit "A ". Section 3. The City Manager and City Clerk are authorized to sign the Provider Agreement with CIGNA HealthCare. -1- Page 371 of 561 31 Section 4. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2015. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) -2- Page 372 of 561 PROVIDER AGREEMENT FOR "GROUP BENEFITS: MEDICAL COVERAGE CHOICE FUND HAS /OAP" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and CIGNA HealthCare , hereinafter referred to as "the Provider", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Provider is retained by the City to perform PROVIDER services in connection with the project designated. 2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. Also to incorporate information outlined in Letter of Intent dated August 12, 2015 included in Exhibit "A ". No additional modifications other than those described in the attachment will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 4. TERM: October 1, 2015 through September 30, 2016. 5. PAYMENT. The Consultant shall be paid by the Provider /City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider. 6. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider's own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 8. INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. PA -1 Page 373 of 561 Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 10. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 13. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Provider. b..In the event of the death of a member, partner or officer of the Provider, or any of its supervisory personnel assigned to the project, the surviving members of the Provider hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Provider and the City, if the City so chooses. PA -2 Page 374 of 561 15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 ATTN: Patricia Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 ATTN: Dina D'Angelo 17. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 14. PA -3 Page 375 of 561 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this day of , 20 CITY OF BOYNTON BEACH Interim City Manager Attest/Authenticated: City Clerk Approved as to Form: Provider Title (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 M. i Page 376 of 561 "EXHIBIT A" See attached Renewal Letter dated August 14, 2015 PA -5 Page 377 of 561 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED DENTAL PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and CIGNA HealthCare , hereinafter referred to as "the Provider", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Provider is retained by the City to provide a FULLY INSURED DENTAL PLAN for the City of Boynton Beach. 2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. Including information contained in Letter of Intent dated August 14, 2015. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement for the period beginning October 1, 2015 thru September 30, 2016, unless an extension of such time is granted in writing by the City. 4. TERM: This Agreement shall be for a period of one (1) year commencing on October 1, 2015 thru September 30, 2016. This AGREEMENT allows for three (3) additional one (1) year extensions at the same terms, conditions, and agreeable prices subject to the Company acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. 5. PAYMENT. The Provider shall be paid by the City for services rendered under this agreement as follows: a. The monthly premium based on number of enrollees for the City's FULLY INSURED DENTAL PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Provider's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Provider in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Provider shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Provider's endeavors. 7. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. CA -1 Page 378 of 561 8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider's own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bona -fide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona -fide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA -2 Page 379 of 561 14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Provider. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 -0310 ATTN: Pat Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 ATTN: Dina D'Angelo 18. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. CA -3 Page 380 of 561 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 15. 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this day of 20 CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney CA -4 Provider Title (Corporate Seal) Attest/Authenticated: Secretary Page 381 of 561 EXHIBIT "A" Scope of Services See attached Renewal Letter dated August 14, 2015 CA -5 Page 382 of 561 Ejob!Ei'Bohf rp Tf of ps1Drjfi odN bobhf s Bvhvt d25 -!3126 Kvr.0 !P rracvsz -!Ejsf dips!pol vn bo!Sf t pvsdf t !boe!Sjt I !N bobhf n f ou Dja!pdCpzoipo!Cf bdi 211!F!Cpzoipo!Cf bdi !Crm/ Cpzoipo!Cf bdi - !0/!!44546 Ef bs Kvrfi ; 06 0 o " Ce i g n w, w 1571 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 Telephone 954 - 790 -8152 Dina.Dangelo @Cigna.com Djhob jt !grfibt f e!ip!pa„g du f !g)npx joh sf of x brtqbdl bhf !ip u f !Dja!pdCpzoipo!Cf bdi !f gg dyuvf !21(2CB126! u s✓!: 0#1 CB127/ N f eidbrtCf of qd ; Di pjdf !&oe!I TBCP BQ %36110/6111 !ef evdycrfi -211 & !dpjot vsbodf !x ju ! °/6- 1110/21 -111 !pvdpdgpol f dn byjn vn / I TB!ben jojt LEbyuvf !f yqf of f ! °/E /: 5!qf qn !)qf s1f n grpzf f !qf s!n pod * Fn grpzf f OA!!774/: 6 Ux p!Qbsz! 0 /2 -3: 5/82 Qbsf ou Di jrra)sf o* 0 /2- 312/87 Cbn jrn 0 /2- 598/37 Ef oibrrEQQP !Cf of QU : Fn grpzf f 0 /41/41 Cbn jrn 0 /@5/86 Ui jt !sf of x brtpa„g djodrmef t Vx f nmf t t !groe!pd °/E 1 -111 !boe!t f sv4df t !gspvyef e!cz!Cf oif I !bdO/41 -111/! Qrfibt f !bdl opx rfiehf !zpvs!bddf gtbodf !pdu f !sf of x brt bLf t cz!tjhojoh!cf rpx !boe!sf ursojoh!ip!pvs!pgjdf M! qf . • "! • I ki I ••• Tjhobursf E bif "Cigna" is a registered service mark, and ," the "Tree of Life" logo is a service mark, of Cigna Intellectual Property, Inc., licensed for use by Cigna Corporation and its operating subsidiaries. All products and services are provided exclusively by such operating subsidiaries and not by Cigna Corporation. Such operating subsidiaries include Connecticut General Life Insurance Company (CGLIC), Cigna Health and Life Insurance Company (CHLIC), and HMO or service company subsidiaries of Cigna Health Corporation and Cigna Dental Healfl eoe 383 of 561 Cigna Medical Insurance Page 384 of 561 OJRRBJT (2014 -2015) RENBIVAL(2015 -2016) PPD HDHP •r •r HDHP Lifetime Maximum Unlimited Unlimited Unlimited Deductible L. b S G5d q h C.2 b S q5d L. b s C D h C.2 b S q5d L hj CotbS ©d Single $150 $500 $1,500 $3,000 $2,500 $5,000 Family Aggregate $450 $1,500 $3,000 $6,000 $5,000 $10,000 Out of Pocket Maximum lil' +f s£ / miC 5SfI f ' Anf / crA:R lil' +f s£ / aiW 5 S j f ' Anf / crA:R lil' +f s£ / aiW 5SfI f ' Anf / crA:R Single $3,000 $5,000 $3,000 $6,000 $5,000 $10,000 Family $6,000 $10,000 $6,000 $12,000 $10,000 $20,000 Coinsurance (EE Pays) Level of Coverage 20% 40% 20% 50% 0% 50% Physidan Services Primary Care Office Vist $20 copay 40 % after PID PYD +20% PYD +50% PYD +0% PYD +50% Specialist OfficeVSt $35/$45 40 % after Pr'D PYD +20% PYD +50% PYD +0 PYD +50% Preventive Services No Charge 40 % after Pr'D No Charge PYD +50% No Charge PYD +50% $75 copay +20% $150 copay + 40% Advanced I magi ng PyD +20% Pr1D +50% PYD +0 PYD +50% after Pr'D after Pr'D Maternity InitialVSt $35 /$45copay 40 % after Pr'D Pr1D +20% Pr1D +50% PYD +0 PYD +50% Hospital Services Inpatient 20 %afterPr1D 40 % after PYD Pr1D +20% Pr1D +50% PYD +0% PYD +50% $125 copay + 20% $450 copay +40% Outpatient PyD +20% Pr1D +50% PYD +0 PYD +50% after Pr'D after Pr'D Emergency Fbom Facility $125 copay $125 copay Pr1D +20% Pr1D +20% PYD +0 PYD+ 0% Urgent Care $75 copay $75 copay Pr1D +20% Pr1D +50% PYD +0 PYD +50% Mental Health) Sub. Dep. Inpatient 20 %afterPr1D 40 % after PYD Pr1D +20% Pr1D +50% PYD +0% PYD +50% Outpatient $35 copay 40 % after Pr'D Pr1D +20% Pr1D +50% PYD +0 PYD +50% Prescription Drug Benefit Ter1 /Generic $10 copay 40 % after Pr'D $10 copay after Pr'D Pr1D +50% $10 copay after Pr'D PYD +50% Tier2/Formulary $30 copay 40 % after Pr'D $25 copay after Pr'D Pr1D +50% $25 copay after Pr'D PYD +50% Tier 3/Non-Formulary $60 copay 40 % after Pr'D $50 copay after Pr'D Pr1D +50% $50 copay after Pr'D PYD +50% Mail Order 90 dav su 2x itail Co a Not Covered 2x Fbtail after CYD Not Covered 2x Fbtail after CYD Not Covered Includes$5.94 PEPM RSA Fee Includes $4.94 FEPM RSA Fee Rates Employee Monthly Cost Brgaloyee Monthly Cod Erployee Monthly Cost Employee $0.00 $0.00 $0.00 Employee +Spouse $688.65 $619.41 $630.76 Employee +Child(ren) $586.08 $527.15 $537.81 Em to ee + Familv $901.12 $810.50 $823.31 Page 384 of 561 7.C. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -106 - Authorize the City Manager to sign a contract with Layne Heavy Civil, Inc. for the Raw Water Main - Section C project, Bid No. 049 - 2821 -15 /KTR in the amount of $5,621,604.80 plus a 10% contingency of $562,160.00 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $6,183,764.80. EXPLANATION OF REQUEST: The City of Boynton Beach advertised an Invitation to Bid for the Raw Water Main - Section C project, Bid No. 049 - 2821 -15 /KTR, and bid proposals were received and publicly opened on July 31, 2015. Six (6) bids were received, and Layne Heavy Civil, Inc. was identified as the apparent low bidder with a bid of $5,621,604.80 which was $867,985.20 below the next lowest bidder and $1,328,395.20 below the highest bid. The Engineer of Record for the project, Brown and Caldwell, conducted reference checks for the three (3) lowest bidders. Layne Heavy Civil, Inc. received very high to excellent marks from their references and provided proof of the required experience. Brown and Caldwell and City staff recommend awarding the contract to Layne Heavy Civil, Inc. as the lowest responsive, responsible bidder. Attached are Brown and Caldwell's recommendation letter and the detailed bid tabulation sheet for all bidders. The scope of work for this project includes approximately 3,000 linear feet of 36 -inch raw water main to be installed by open cut and approximately 5,500 linear feet of 42 -inch raw water main to be installed by horizontal directional drilling (HDD), with all fittings, valves, and connections along the Woolbright Road corridor from west of Congress Avenue to east of 1 -95. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project, known as Raw Water Main - Section C, represents the third and final pipe segment of a 6 -mile raw water main pipeline which will connect the western wellfield to the East Water Treatment Plant to meet the future water demand of the residents and businesses within the Utilities Department's service area. This project is in accordance with the City's Water Use Permit from the South Florida Water Management District. FISCAL IMPACT: Budgeted The total requested funding for the project including the 10% contingency is $6,183,764.80. Funding is available in Utilities account number 404 - 5000 - 533- 65 -01. ALTERNATIVES: This is a critical project in accordance with the City's Water Use Permit from the South Florida Water Management District, and there are no feasible alternatives at this time. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Raw Water Main Section C is designated as a Major Project for Strategic Planning 2015 -2016. Page 385 of 561 CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Raw Water Main Section C is an element of Implementation Strategy #4.1.2.4 in the Climate Action Plan Is this a grant? Reviewer Grant Amount: Date Utilities Groff, Colin ATTACHMENTS: 8/24/2015 ® 3:16 PM Type Description D Resolution Resolution approving contract with Layne Heavy Assistant City Manager Civil for Raw Water Main Section C D Contract Contract ® Raw water D Addendum Brown and Caldwell Recommendation Letter D Addendum Bid Tabulation D her Layne Heavy Civil Bid Proposal REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 8/24/2015 ® 3:16 PM Utilities Groff, Colin Approved 8/24/2015 ® 3:17 PM Assistant City Manager Lejeune, Carisse Approved 8/24/2015 ® 3:54 PM Finance Howard, Tim Approved 8/27/2015 ® 10:28 AM Legal Swanson, Lynn Approved 8/27/2015 ® 1:58 PM Finance Howard, Tim Approved 8/27/2015 ® 2:32 PM City Manager LaVerriere, Lori Approved 8/27/2015 ® 5:33 PM Page 386 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R15- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH LAYNE HEAVY CIVIL, INC., FOR THE RAW WATER MAIN — SECTION C PROJECT BID NO. 049 - 2821- 15/KTR IN THE AMOUNT OF $5,621,604.80 PLUS A 10% CONTINGENCY OF $562,160.00 IF NEEDED, FOR STAFF APPROVAL OF CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF $6,183,764.80; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach advertised an Invitation to Bid for the Raw Water Main — Section C project, Bid No. 049 - 2821- 15/KTR, and six (6) bid proposals were received and publicly opened on July 31, 2015; and WHEREAS, the Engineer of Record for the project, Brown and Caldwell conducted reference checks for the three (3) lowest bidders; and WHEREAS, Brown and Caldwell and the City of Boynton Beach Utilities Department recommend awarding the contract to Layne Heavy Civil, Inc., as the lowest, most responsive and responsible bidder. 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 Bid No. 049 - 2821- 15/KTR in the amount of $5,621,604.80 plus a 10% contingency of $562,160.00 if needed for staff approval of change orders for CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CO532C56- 085D- 46BC- 8BDD- AF21615E4BC6 \Boynton Beach. 1851 .1.Raw_Water_Main_Section_C_ _Layne_Heavy_Civil_lnc_ = Reso_.doc Page 387 of 561 1 unforeseen conditions for a total expenditure of $6,183,764.80 and authorizes the City 2 Manager to sign a Contract with Layne Heavy Civil, Inc., a copy of such Contract is 3 attached hereto and made a part hereof. 4 Section 3. That this Resolution shall become effective immediately. 5 PASSED AND ADOPTED this day of 2015. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ CO532C56- 085D- 46BC- 8BDD- AF21615E4BC6 \Boynton Beach. 1851 .1.Raw_Water_Main_Section_C_ _Layne_Heavy_Civil_lnc_ = Reso_.doc Page 388 of 561 RAW WATER MAIN INTERCONNECT - SECTION `C' THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Layne Heavy Civil, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of September 3, 2015, by Resolution No,: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No. 049-2821-15/KTR, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: RAW WATER MAIN INTERCONNECT — SECTION 'C', Invitation to Bid #049-2821-15/KTR Article 2. CONSULTANT. Brown & Caldwell, Engineer of Record ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES, 3.1 The WORK will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 12 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 31 above, plus any extensions thereof Boynton Beach Utilities — RV VM Section 'C' C-1 3.3 allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand, Seven Hundred Dollars and 001100 ($1,700.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Four Hundred, Twenty-five Dollars and 001100 ($425.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Five Million Six Hundred Twenty-One Thousand Six Hundred Four Dollars and 80 cents (Written) $5,621,604M (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions, CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress Boynton Beach Utilities — RWM Section 'C' C-2 5.4 schedule acceptable to the CITY and a Warranty of Title /release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.5 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.6 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.7 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SubCONTRACTORs or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.8 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and /or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and /or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: Boynton Beach Utilities — RWM Section 'C' C -3 7.1 Invitation toBid 7.2 Instructions toBidders T3 Bid Funna (including the Bid Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other dVcurnembation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Supplementary Conditions T8 Technical Specifications T3 Drawings 710 Addendum No. 1 thruNn. 5, dated between 5/21/16 and 7/23/1S ARTICLE 8. All notices required |nthis Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Chris Rosnhek. P.E, Engineering Division Manager Boynton Beach Utilities 124E.VVoo|brightRoad Boynton Beach, FL 33435 Tel (561) 742-6413 Fax (561) 742-6299 Copy to: Procurement Services Division Attn: Director VfFinance City uf Boynton Beach 1OOE. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (561) 742-6311 Fax (561) 742-6316 And if sent b) the CONTRACTOR shall be mailed to: Layne Heavy Civil, Inc. 452ON State Rd37 Orleans, |N47452 Attn: Oscar Bello Tel: (812)865-3232 Cell: 104 Email: OsomrBe|n@Lavne.00m Article 9. INDEMNITY. In consideration of Dollars ($25D0) in hand pmhj and other valuable oonsideredon, receipt of which ishereby acknowledged, CONTRACTOR agrees bo defend, indemnify and hold harmless the CITY, its agents and empbvees, in accordance with paragraph 8.17 of the General Conditions which is incorporated herein and made a part hereof maif fully set forth herein. |tia the specific intent Vf the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Boynton Beach Utilities — RWM Section 'C' C-4 Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. MISCELLANEOUS. 11,1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — RWM Section 'C' C-5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _ day of , 20_. CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk 71130 =�� Office of the City Attorney Boynton Beach Utilities — RWM Section 'C' Title (Corporate Seal) Attest/Authenticated: Secretary C-6 1475 Centrepark Boulevard Suite 210 West Palm Beach, FL 33401 T: 561.684.3456 12 August 2015 =B,n� Chris Roscheck Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 Subject: Raw Water Main Section C Interconnect - Bid Recommendation Dear Chris: 139107 Brown and Caldwell (BC) received the three lowest responsive bids for the above referenced project from the City of Boynton Beach on 7 August 2015 for review. BC has completed reference checks and review of the directional drill subcontractor qualifica- tions in accordance with Technical Specification 02446 - Directional Drilling, Section 1.5 B. The apparent low bidder, Layne Heavy Civil, Inc. (formerly Reynolds Inc.) and their directional drill subcontractor, DBE Utilities, received very high to excellent marks from their references and provided proof of required experience. DBE's qualifications submittal indicates that the firm exceeds the experience requirements of the Technical Specification. Therefore, BC recommends the Contract be Awarded to Layne Heavy Civil, Inc. Very truly yours, Brown and Caldwell Harry M. Tomlinson, Jr., P.E. West Palm Beach Office HMTJan cc: James A. Nissen, P.E., Brown and Caldwell bid recommendation 201505- 12.docx Page 395 of 561 1;- 1 -a j te c6 C 75 R ■ -t r A. A All • • won tAB=- umoo= R R 14 9 I Page 396 of 561 G rr An An C .G all :s JS tE Le s _o LL w L O L LL i - • M # •. ✓ + * Rk # t 10 w I A w #. * Iz 0 ». t 1.11 1 4: _o Page 397 of 561 LL w L O L LL - • # •. ✓ + * Rk # 10 w A w #. * Iz 0 ». Page 397 of 561 E -IF Page 398 of 561 I O Ll • z I. 1� ti • Imm""EL I M 9 I y . Page 399 of 561 • z I. 1� ti • Imm""EL I M 9 I y . Page 399 of 561 E o Le �m • • a� • _o • • z ILL # f # # f 0 ..; t[ • i U- o f .r. # F , s i f E # �.. e-N E r e`A$G wE sn wE W Cl) w w w n� w� uj > >- >- >- E ° UA ® cm ED cc m Q v d w _o �W Page 400 of 561 • • ILL # f # # f f ..; t[ • i U- o f .r. # F , s i f ♦ # �.. .r r 's �W Page 400 of 561 • • ILL # f # # f f ..; t[ • i U- o f .r. # F , i f ♦ # �.. �W Page 400 of 561 HM i-M-A Page 401 of 561 ,t }, r „ 1 z � 0 j �5� F � �h4s t � N 1 C, S� °ip} ' V"dUl*Vl I G`PNmttNYA` t A' � �Y`� �\ SUKG f Page 402 of 561 �t 'p�A H � :S � "i-" Y �{ " �Y ;y- t�n}i�� I}�� T�fi°Y � „yp " ��J � t �� f0' p! ' 44tt t � ( I "+Ym u u � p ` For w . a `'s1a,A� � nmv da k, a I The Ci,," � � � n { � g, cs3� � a s` � :,»>� Boynton ) "uL\O �� ".` S �rty1 t I! S 44r A.C�Z � A R §l ; p Q (� I) � b �� m at �� I� �� 4 wt �v �,rp my 4 % , ) U � \ nva�\ 3 t f f io A Nt„ 4 , .,.. b,�ms° i , � (("Pik it ,c !ss Bro d 'tisa' a^w '?nsys wv ianu s , , Page 402 of 561 :�ccer ono M r 40 M I W �D Page 403 of 561 ■ • • ■ I W �D Page 403 of 561 Al « � � � t4� 1 ¢ w � § . 2 I I � \ � � J/ §_ � 2 � § 4= Page 404 of 561 I • lwAlm lmtffww IMMINdtilld IFE �9��m� ��■mmu I R. W- FIE Page 405 of 561 111111311M �9��m� ��■mmu I R. W- FIE Page 405 of 561 IIISA� �9��m� ��■mmu I R. W- FIE Page 405 of 561 Page 406 of 561 w CO 14 : C) q r 0 o CD ti m 0 uj co C14 0 a) LO C) C) V LU M cwi C � Cli Ci R C) CD C) o 't C) 0 C) CD to C3 cl ! ti 0% cv. Ct . 09- fa C CO C3 C) 0 CN 0 0 U) C) Ln cq 0 C t 04 C) N t C) C14 CT CD z Nr w z U) U) co fu 0 z M CO) M B U) LLI LU U) lu > z < I z rn LL LL U) M r4 Lu LU Z 613 04- 0 0 12 UJ —i UJ 0 �5 r- 0 0 M 0 N ca E E U. LU Z uj 73 co 0- 0 L p ui 0 x E a U C LL m a E 15 E a) LU z a) - - A S . E d) P _0 R -0 P (a 4 .0 0 a) 20 E C: 0 c z ui d) 2 CN C LU w cr :3 — .2 0 LU C U 0 a O-OD (a ui ca ii �- 0 � = co 0) . L:) a) r 0 0— c C I M 0 C = L (D 0 U) d) w L) 0 0) 0 c Ld 0 L) -a m 0 0 < E L 0 c (a - a r- 0 E < 0 0 0 =5 E U) 0 IL (D ie a) -E X . - 0 0 LU M c E 0 0 u 2 0 c ra - a a' 0 . - L) d) U. < CL (D M to C.) (L > z co < s 0 j3 0 w W Z IL LO Z ,,z 0 — . Q L- ad a — T-: r r r 2 W CD 0 0 0 IL w 0 T 'ff ca S ui IL CL �w 0 U 0 z z 2 LU CV CA (D C pl- 04 Go 04 m C W 0 0 LU LU 4k E ac LU z LU 0 q q U) LU x Z 0 i a < PQ Page 406 of 561 0 'an'l I D D E GEOMVT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 owlifff =- • Bid Received By: TUESDAY, JUNE 30TH, 2016, NO LATER THAN 2:30 (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: TUESDAY, JUNE 2ND, 2015, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name • Vendor: Layne Heamy C'vml- Inc. Federal I.D. Number: 20- 3512 A Corporation of the State of: —Jildiana Area Code: 812 Telephone Number: 865-3232 Area Code: 812 FAX Number: 865-1490 MMM=Mrs M R Name Typed Boynton Beach Utilities — RWM Section 'C' BA - 1 THIS PAGE • BE SUBMITTED ALONG WITH PROPOSAL Page 407 of 561 Page 408 of 561 Page 409 of 561 INM F'.11 RMN M, 9 n I I WMW'M11z1JTzX4ffian@ M: and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: FAI R 19]:4 64 ' 19 _11] IVA I k4 2 E '-J I my- Al l 0 7/14/2015 7/23/2015 Boynton Beach Itilifies — RWM Section'C' A-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 410 of 561 BID NO: 049-2821 A 5/KTR W -QIW% St t 3 (East of 1-95) and provide all labor necessary to complete the City's project known as RAW WATER MAIN INTERCONNECT — SECTIONV. elm. - system. Construction also includes pressure testing the entire rawwater pipeline, Section'X, Section'C'aws Section 'C' after completion • Section V. ladielfigitz] Submitted By: ............. Layne Heamy Civil, Inc. Date: - July 27, 2015 (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Dt Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY wn ten (10) days after the date of CITY's Award Letter. BF-1 Boynton Beach Utilities — RWM Section C THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 411 of 561 a. BIDDER has examined the Bid Documents, including the following addend Number Date Number A, I 501=15 4 7/17/2015 2 6/21 /2015 5 7/23/2015_ mca�M BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall • paid to BIDDER for the successful completion • its obligation as specified in the Bid Documents. 1 BF-2 .loynton Beach Utilities — RWIVI Section C THIS PAGE • BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 412 of 561 5. BIDDER agrees that the WORK will be substantially completed within 270 calendar days after the receipt of the Notice to Proceed and final completion will occur within 30 calendar days after the Notice • Substantial Completion. 6. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure-4y complete the WORK on time. Contact Person Oscar Belhi Business Add ss e Rd 37 City, State, Zip Code Orleans, IN 47452 Email Address - Oscar. Bello(a com Cell Phone Number 954-650-0164 License Number (Please Attach Copy) CGC1522402 Submitted on this 27 day of July -, MAE. • • 0 1•1:4 TA 1 1 , 01 NMI 01 U 104 10 a Lei 1 -.14:1 101:1-11TY&W 5 BF - 5 Boynton Beach Utilities — RWM Section C THIS PAGE • BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 413 of 561 CERTIFICATE I HEREBY CERTIFY that a meeting • the partners of I a Partnership under the laws of the State • held • 20 the following resolution was duly passed and adopted: "RESOL --GVft Partnership, is hereby authorized to execute the Bid Form dated 20 1 between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, aftested • the • the Partnership be the official act and deed of this Partnership." 19 M- IN WITNESS WHEREOF, I have hereunto set my hand this _ day • 20 (Signature) ME Sworn to and subscribed before me on this _ day of 20 by who ❑ is personally known to me or who 0 has presented the following type of identification: Signature Notary and Commission Number Boynton Beach Utilities — RWM Section C THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE-AND ACCEPTAB0 Page 414 of 561 I HEREBY CERTIFY that a meeting of the Board of Directors of Layne Heamy Civil. Inc. —, a corporation under the laws of the State of Indiana held on Janualy 2 20 J thz following resolution was duly passed and adopted: IN WITNESS WHEREOF, I have hereunto set my hand this 2_7 day of July , 20_1_5. Sworn to and subscribed before me on this 27 day of July ' 20 15 by Les Archer who IR is personally known to me or who 0 has presented the following type of �clentification: ISA RENEE PARKER l ' E ' PARKE �a 0 . � Notary Not Not no Pubfic. state at indiane a . state at Ind u f. � : Horner g C ou" ge County a Oran ommission 0 e52342 C om missio n mis' a 3 2 s %SEAL o., , '.a m c Expires M ; o n Expi mm's 2 22 1 0 Apr 1111,2022 0 Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number BF - 7 lioynton Beach UtIlifies — RWM Sedon C THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABL Page 415 of 561 0 N a PHZRA• �65 -1 jrj� '-q III submitted the accompanying bid, dated JUIY27 .1 20 15 , for: B. In the event of the withdrawal of such Bid within the period specified, or the failure tt enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in such Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount • in excess • the former then the above obligations shall be void and • no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with tht notice and time limitation provisions in Section 255.05 (2), Florida Statutes. I .-oynton Beach Utilities — RWM Section'C' BB - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Page 416 of 561 IN WITNESS WHEREOF, the above bounded parties have executed this instrument und their several seals, this 27th day of July -, 20 15 , being hereto affixed ar these presents duly signed by its undersiqned representative, pursuant to authoritv of is govemij. Mz�•� Layne Heavy Civil, Inc. Name of Firm Boynton Beach Utilities — RWM Section 'C' BB -2 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSA Page 417 of 561 Travelers Casualty and Surety Company of America Corporate Surety A NE Deb. ' y . -F seal) William A. Kantlehner, III One Tower Square Business Address Hartford, CT 06183 City and State - Garrett-Stotz Company Name of Local Insurance Agency Boynton Beach Utilities — RWTi Section 'C' BB - 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSA Page 418 of 561 0 CERTIFICATE AND AFFIDAVIT FOR BONDS 1 ro�4 1 a "Q 11 Rlew mom I K. 2 1301 x0rom M Rl."Kem "a", RE: Bid Number: N/A Bidder: Layne Heald Civil, Inc. I ON gal/ State: Orleans, IN ZIP: 47452 Phone: (812)865-3232 Bond Amount: Five percent of the amount (5%) SURETY BOND COMPANY: Name: Travelers Casualty and Surety Company of America City/ State: -Hartford Cr ZIP: 06183 Phone: 860-277-0111 This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above: Page 419 of 561 I ki 1 V :1 I 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Deborah A. Yates, Steven M. Garrett, William A. Kantlehner 111, Thomas J. Mitchell, Jeffrey A. Brown, Diane L. Phelps, S. Annette Mullet, Roger A. Neal, Stuart P. Peterson, Andrea Cortes, Ryan P Mitchell, and Andrew G. Windhorst, Jr. of the Cit Louisville , State of Kentucky ty' ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or gu aranteeing bonds and undertakings required or permitted in anv :actions or proceedings allowed by law Not limited to a specific dollar amount. IN WITNESS WHEREOF, the Compae1 caused this instnment to be signed and thew corporate seals to be hereto affixed, this day of pri Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company am St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASU,q� Y4�&E •' \RM��MS .( 1NSU ' ,,fY ANB Y nay, 5 j'ct•'- a ' w 4. o• ��.S 's`�•S8RL;1; � � Cdw. 0 7�R �? s A�M,,r to ...•.. b P N • A� State of Connecticut City of Hartford ss. By: r G Robert L. Raney, §enior vice President 21 st April 2015 On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Iy,T In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. L ® G y} Marie C. Tetreault, Notary Public 58440 - 8 - 12 Printed in U.S.A. WARNING: THIS POWER O ATT IS INVALID WITHOUT THE RED BORDER Page 421 of 561 RP BIDDER shall furnish the following information. All questions to be answered in full, wMhout exception. if copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-rasponsive and may cause its rejection. Addtional sheets sha!! be attached as required. Layne Heavy Civil, Inc. 4520 North State Road 37, Orleans, IN 47452 812-865-3232 812-865-3075 2. Number of years as a Contractor in this type of work: 50 3. Names and titles of all officers, partners or individuals doing business under trade name: See Attachment A 4. The business is a: Sole Proprietorship 11 Partnership ■ Corporation R 5. Name, address, and telephone number of surety company and agent who will provide the required bonds • this contract: Garreff-Stotz Co 1601 Alliant Way, Louisville, KY 40299 502-415-7000 See Attachment 7. Have you ever failed to complete work awarded to you. If so, when, where and why? Boynton Beach Utilities — RWM Section 'C' BQ - 1 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABI Page 422 of 561 9. List CM's or GC's your company has worked for within the past three years. (List 2 other than those shown below) Typically, LHC is the General Contractor. CwGC III Constructor Contact Mike Butler Tel: 970-330-3248 No. 1 Person: Fax:970-330-5623 CM/GC No. 2 Contact Tel: Person: Fax See Attachment C for 10. List three SIGNIFICANT PROJECTS completed within the past five years. additional details Bruce B Downs Your$ 8,079,786.00 Project Location: Tampa, FL Subcontract $ Date May 2012 No. 1 Water Transmission Main Amount: Completed: Contracting City of Tampa, FL contact Janice Davis Tel: 813-274-7096 Agency: Person: Fax: IGCC Treated Your$ 23,765,365.00 Project Location: Subcontract $ Date August 2013 No 2 Effluent Pipeline Dekalb/Merldian, MS Amount: Completed: Contracting Contact Tel: Agency: Southern Company Svcs Person: Anthony DeMonia Fax: 205-257-0208 Reclaimed Water & Your $ 24,890,323.00 Project Location: Riesel, TX Subcontract $ Date November 2010 No. 3 Effluent Systems Amount: Completed: Contracting Contact Tel: Agency: Sandy Creek Energy Person: Mark Spencer Fa 254-896-4219 11. List three SIGNIFICANT PROJECTS currently under construction. DBO Wastewater Your$ 99,880,849.00 Project Location: No. I System Islamorada, FL Subcontract $ Date December 2015 Amount: ornpleted: Contracting Contact Tel: Agency: Village of Islamorada Person: Mike Forster Fax: 305-664-6400 Wastewater Collection Your$ 10379594700 Project Location: Monroe Co, FL Subcontract Date No. 2 System Amount: -Completed: April 2017 Florida Keys Aqueduct Author,*t% Contracting C Tel: Agency: and Monroe County Person: Fax Moynton Beach Utilities — RWM Section THIS PAGE • BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABA Page 423 of 561 8. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? M 9. List CM's or GC's your company has worked for within the past three years. (List 2 other than tho shown below) i CM/GC Layne Heavy Civil Contact Richard Crow Tel: 954-254-7898 No. I . Person: Fax: CM/GC Michels Corpotation Contact Neal Jinkerson Tel: 724-249-2065 No. 2 Person: Fax: Your $ Project Susquehanna River Crossing Location: Subcontract 2.532,000 Date 9/2013 No. I Tennessee Amount: Completed: Contracting Tennessee Gas Pipeline Contact Neal Jinkerson T 724-249-2065 Agency: Person: Fax: Your $ Project - )cation: Subcontract 2,321,200 Date 4/2012 N . 2 Chesapeake Raw Water Facilities Virginia -ao— Amount: Completed: Contracting Contact Tel: 757-382-6801 Agency: City of Chesapeake Person: Todd Toler, PE Fax: Your $ Project Neches River Crossing Location: Texas Subcontract 3,985,000 Date 9/2011 No. 3 Amount: Com pleted Contracting Texas DOT Contact Tacker Ferguson,PE Tel: 409-883-3476 .4gena. Person: Fax Boynton Beach Utilities - RWM Section 'C' 13Q - 2 (1.) THIS PAGE • BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 424 of 561 Project Friendship & Thomptsocantipon: Georgia Your$ 2,341,715.00 Subcontract $ Date No. 3 Mill Road Utilities Relocation - Phase 11 Amount: Completed: October 2015 Contracting Contact Tel: Agency: City of Gainesville, GA Person: Matt Tarver Fax: 770-538-4977 12. List the pertinent experience • the key individuals of your organization (continue on insert sheet, if necessary). Please.see attached resumes M. Paul Burton -.CGC1522402 HQQ portion of the..work will be sublet Excavators and Loaders will be rented - ds - d - rL—a$�ansiffo - 67OUe - r7r - e - t - usea to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: Boynton Beach Utilities — RWM Section 'C' BQ - 3 IS PAGE • BE SUBMITTED ALONG W17H BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 425 of 561 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter • the dispute. 21 . Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, ♦ other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (in rl I'll if :::::::: PNC Bank, N.A., Robert Anchundia - 800-669-1518 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Boynton Beach Utilities — RWM Section 'C' BQ -4 THIS PAGE • BE SUBMITTED ALCNG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABI Page 426 of 561 1#M IEZ • 101[;�• ojr-j;j IL61 Stan I fimw_;�* [za 4IL-mej 94 Boynton Beach Utilities — RWM Section 'C' BO - 5 THIS PAGE • BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 427 of 561 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted • BIDDER to be true. The discovery • any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if 2fter the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby �-40nl 2rff from such authorization • the exercise thereof, including the dissemination • information requested 2bove. a MEMOMIMM J uly 27, 2015 Boynton Beach Utilities — RVJM Section 'C' BQ - 6 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABI Page 428 of 561 STATE OF FLORIDA TMENT • BUSINESS AND PROFESSIONAL REGULATION ww DEPAR CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET — t 4 ll �/ TALLAHASSEE FL 32399-0783 BURTON, NlICHAEL PAUL LAYNE HEAVY CM. INC. 4520. NORTH STATE ROAD 37 ORLEANS . IN 47452 P5 a =4r. i rr mq IMM794T1,1771 F."FIRR Fil �QIIIJMPJ H;Nimil 51 min-IMTRimlil i jrA� i i i1j;. W:4,f�l I r1lill ' I RRA *R !hvl. R l", tzsslill 41 I R WE Nil ry 1 14 a W-1 I I j! I v a I a i r I KEN LAWSON, SEGRErARY STATE OF FLORIDA LJCEf4$E NU"38ER - lie GENERAL CONTRACTOR Ramed 1 177-vw-AS-C�F*n Under the provWons of Chapter 489 F& Expiraben date AUG 31, 2 E3 STATE OF FLORIDA DEPARTMENT QF, BUSINESS AND PROFESWN"kOULAMN iS CERTIFIED .indav Me pwwi.monc, of Cel 4s8 F A!"Gal V,1-3 A 14QP;;!lVW,*�g IRE04 UJIMM2VA10447 Page 429 of 561 * Z411F�I[M MW A, q —.wre-�s an authorized representative c y er called the bidder) l• • at (Print Name of Compa MT R • ►' ('"�" THIS PAGE T O BE SUBMITTED ALONG WTH PROPOS F OR • PACKAGE TO BE • • • COMPLETE AND ACCEP Page 430 of 561 0 W . 1z This 27th day of July 20 15 My commission expires April 11, 2022 Boynton Beach Utilities — RWM Section 'C' NCA - 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 431 of 561 STATE OF R1 RM& Indiana COUNTY OF VJQMBE*)M Orange Sworn and subscribed before me this 27th day of July j 20 15 NOTARY PUBLA of bagift Indiana at Large Les Archer Layne Heavy Civil, Inc. unm %U err®®, LISA RENEE PARKER ® % Notary Public, State of Indiana •VtOTAR Orange Co un u ty SEAL Commission # 652342 x pi My Commission Expires am April 11. 2:022 Moynton Beach Utilities — RWM Section 'C' AKA - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE • BE CONSIDERED COMPLETE AND ACCEPTABLE Page 432 of 561 Gi CONFIRMATION OF MINORITY OWNED BILJISINESJ�- This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form wit:yo » bid proposal sheet making it an official part of ptour bid response. Is your company a Minority Owned Business? Vo if Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN 342± 0. A E=O Boynton Beach Utilities — ® © :< .r V M■B-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO _» «#»»# \} COMPLETE AND ACCEPTABL.; ------------ - -------------------------- Page 433 0 561 If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Mallure to respond may result in deletion of vendor's name from the qualified bidder's 'Ist for the City of Boynton Beach. UOITIPART-RA11 ADDRESS: LTEW za Jj F-0 10 110 9 14 1 M 0 K- elk Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) 3� = � zzm�� I Boynton Beach Utilities — RWM Section V NB-1 IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FO AND RETURN TO PROCUREMENT SE51VICES I Page 434 of 561 11 Eo" 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so co 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation • this section. L if*F I cenity tna 1. 7 ME 'the above requirements. 1 0 - 0 N 4V:jfi1 Boynton Beach Utilities — RWM Section 'C' DFVV - 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 435 of 561 i 1. Bidder shall provide a copy • the Safety Program(s) to • in effect for the duration • the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections • the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. FAs the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RIZED SIGNATURE , President Boynton Beach Utilities — RWM Section 'C' SPC - I THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 436 of 561 Ilk, LU LU U) R IL w LU z LU U) CO) LLI Z U) D • z z z • D U) LL • LLI -i D a LLI :r C.) rj) w 0 li U) T F- LL 0 z 0 0 a. z LL 0 rr 710 I R!E IT U) 0 z 0 P z c < u L • z LL 7 M T w w • z " w CD m ■ • • • • • • Page 437 of 561 LL -j 00 (3) cq CD 0 Cl) CD 0 D 0 O CD q C) q CD 0 Lq C3 n Iq a CD at LO Ln cq C; CD 0 z C%j C 0 Ln cli S 0 r ea 03. 1; 0 M < D z 3 UJ L) w Q1 N O ff * (D 0 U) 0 D z < F- (D CD L) 0 w w 0 co F- m Of ti m tm rz 0 4) U- 000 d) Y w LL w F- X m a- CD W 3i C: 0 A 0 LL cn m CO C) 0 -j LL Cl) Cl) w z Cl) LL 00 (D 0 Cl) d L) a. V) LL 4) LL < CO of LL Q m 0 c m cu CD a) 0 a CL E CD W z W 0 E E a a. Li x a. 0 'a to cc CL E m < 0 0 CL U) c O7 Z m U CO a- C11 to c a) co a- S N IL to cli w Cl) -M C' CL C � z M I ? 133 co z w c p LL, ca 0 C', .70 c .2 LL C) N LO NO C5 E 0 U to CD v ;- in 5 � LO W m m CO m • • • • Page 437 of 561 Page 438 of 561 Page 439 of 561 10. That it is an express condition • this Warranty that the item(s) hereby warranted shall be operated and maintained • the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy • which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contracto •a... equest in the event • a claim hereunder by the City, Boynton Beach Utilities — RWM SeGtion'C' WAR - 2 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLI Page 440 of 561 The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. dL I I I U-1 It L III I itillIferlr-qneums "ITT provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. Layne Heavy Civil, Inc. 0 Title: p-,E Date: July 27, 2015 Boynton Beach ttilifies — RWM Section'C' 01G-1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 441 of 561 HEAVY CIVIL (Lail;;, Page 443 of 561 Attachment C PROJECT PROFILE City of Tampa, FL Bruce B. Downs Water Transmission Main Tampa, Florida VALUE OF WORK PERFORMED Project Overview: $8,079,786 2rure Ej'. 1 '.'rwre V• ,; 10&.i , oie(;t i' 00 F L E o" 17,(! _' of 48' di—ile irvr Pipe ir,'L'eiided tc, PROJECT COMPLETION DATE rep !rcE 6ildsCing "Jas rc.! May 2012 ;arc �- - oazi prc_= -It. y scope of , ,,. , c)rl-. c r ea r. v 0%VNER REFERENCE City of Tampa, FL �.V& T ...... . J '�7 ZI.tC N� �-C ar,;1 the Janice Davis re - ! , JcE; onu, 813-274-7096 we Wa-1 or.,! &' L(t ofvvcAi. inr1u6'E_`: creet k ulz!r x: 3L2 a J= of 60 Roy McKenzie c!psinc 7 ,ui ther'n- 813-274-7104 � dee y L o rrye` . L : fie ( _z� toc --f &r, eIA!4iric mri., slie' Eirc ENGINEER REFERENCE it of Tampa, v crinc Jim Hudock 813.635.3411 Page 444 of 561 I PROJECT PROF IL E Southern Com, pany Serf ices - Mississippi Power Kemper County IGCC Treated Effluent Pipeline DeKalb and Meridian, Mississippi 11M 4,111 1 L*- 1 A1I Pickering Firm, Inc. Greg Brown 601.956.3663 LAYNE HEAVY CIVIL, INC. 4520 N. State Rd. 37 Orleans, IN 47452 Phone: 812.865.3232 Website: wvvw.layne.com ;, iir, poi dor, oil is e prqjoz;, c Sri sir-ts c" )f 36-i°ich Dpi v ET fi tt: Iilgs air lr? *!nce , ,200 LF O f 5 .J-jT1 � &- uric " bore %I - ar i, P,ns°.ahotiu, 4, IF of �10;recI fir?!' 0; pcscdp & e', 6tv SC, ' CF - .."I'K - 1 ied E C! I L: P rt IG Z i, �rdr:,-Incl D! it .-Io tc: A"n ope 2,,'It '.he eXAer" diF-n,!"arge. pipir !g fron': 'Ahe ornain VVA7F Uf \e; tUrbirE ',C f � I j V ft�jrn i t / I W T bc> the --j-' r . tjj ! 'trUCI -:- Sk -dr -ct .Fi :v-c CA -7� I, D _ i r Page 445 of 561 PROJECT PROFILE VALUE OF WORK PERFORMED $24,890,32 PROJECT COMPLETION DATE November 1, 2010 51, ! � r#WW1j# �11 Sandy Creek Energy Mark Spencer 254.896.421 ENGINEER REFERENCE Freese & Nichols, Inc. Anne Carrel 512.617.3125 L W11 To 4520 N. State Rd. 37 Orleans, IN 47452 Phone: 812.865.3232 Website: www.layne-com T Thi,- pvjec'L irdudai--' the nf a 1F rAGE) i water pA r; ai,d disi vvstPrr-L n Nrj feat urec iriducE e. a - 'eAai , e6 VV to ' Pun)p Siaiior, Lfffl ueni" W�, ar 0 'iez, 7eurflne,' ue A u: m,!. r. �� a ! ' f '9 rc d r; 4 me; L Li 1 r, C' - r." I- Ll E E ie u vc - clnc�.s storage, MG &ati-ji 4 'h e&ch P Page 446 of 561 PROJECT PROFILE Islamorada Village of Islands Design-Build-Operate Wastewater System Islamorada, Florida $99,880,849 Z OWNER REFERENCE Islarn►ra•a, Village of islands Thilike Forster, Mayor 306-364-6400 ARCADIS CPH Eckler Engineering LAYNE HEAVY CIVIL, INC. 4520 N. State Rd. 37 Orleans, IN 47452 Phone: 812.865.3232 Website: www.layne.com Project Overview: 7 775 , I :E, `;!;age oi' ls!�: d , . , nomda ir. r)Fr�nFrEt'g � Wi It r I(I A'�i norala, �--C. a ovi.ir.d L: "'hriSILC'nsari lor this :a3v L ®r, F. , sa6 -1 this v--ry y:.- nicidi !ler.eficial pri.'ic,-,t ii , anj't?ry s&."gar service iv itz inccxpor"¢ed islE= of 1" t!oTi ICE �S-Y',), Plan+- "'oy, k " , JPr%' 1 , o:io' So Plama ;ey . ev AVK), zr. Lipper -: me k.nwer Maiecurn..')e Keys This speoid !entity a-W LIA ntitv i co;%1ri6 =e c' IF-2d membei,3 La�, CiVi' OS % rer it esVLJ'C' e L 0.. n!? �J i. o Prqie��' i, - o anzu' t -; �, Is e-: � e . L .... tc '41 i< ;o1lactr--d. snr= -"zt@LE-, o Flcei mend - ated IL, pr:-D, to di' cn LG -'iFurr- ia[a and -di mlc wo.stujvate-r t-= :c.'LrwSn'L fo, th- comr,.L-nitv. — h'F Frojec .n& ii he of mFn' &+Ed proy.;' litbnO pra ;" ocr.-Juemti ,, CIL ® r c, vvJr-i':' E: i c F- i r r r. it J . c r c r, r j , n ej sh Page 447 of 561 IOU. 11211 WMIX 1 VU I Fla: OWNER REFERENCE Florida Keys Aqueduct Authority and Monroe County Monroe County Cudjoe Regional Outer Islands Wastewater Collection System Design-Build Monroe County, FL The StaVD el Flocida has mpu!ated that ;he r Key, ha-a central sewers ar.d high iEvels o'� tvwfevvater 're": *rnp.ri by Deu;mber 3i, 20'5. T';,ou;,ih r.r, 1 riCreement klcnroe County anj F. �nave 6iL sever&l v er syc_e;tts 'L0 Mee" thi.- - nend,-.t�_. Making .r the U.udjoc; rkegicv?l 'A,`= :stew� T eairnp.i' FyFter 6 vc fU di--JilCt i)'0i6S'X t0zliic, ift,i r -,, mior proj rt t. ',F .,� v'trTS inc'!T t i i reC`O 'ICi, W7 f It Y, and -NL.-::rJ:i t i m it I appl'r-AS-l' Lw: r;k;!1F Ct at:, r?ui_ iEl:-nd'. - -wer FUgp_r1U_ Rar, Little - I orch, an(,' Rig 1 to he C u z, o Vast&ms e. - 1 ieeTkrnene Pon'. The syie i' ultin'late, ds,h;uge is - W.Gr) anc' vvJ1 csrec E,000 - ,ustnrner:�. ENGINEER REFERENCE Adc'Jon y, 'L'hi- prrject indildct, & 52i'- DF 7 iDp;: Chen4ruloore Ji_- bCiE ben O �th Nle� mien-le, conneuini. crUC Ka 'l Lhd Eckler Engineering Key. - Jp - ic- `'Lbr;cn". ARCADIS "SOLI; 3h he[ v,rc:j1E; LAYNE HEAVY CIVIL, INC. 4520 N. State Rd. 37 Orleans, IN 47452 Phone: 812.865.3232 Website: www.layne.com .2; StG'1'1", rr)W L I C." -:D.- F_)r,; , .'.5( .0C 'A C r"- "it 0- a. -50 ; e s: r_f,! 'ZI ! F J r. C: r i o rc P; it iD • t%F r 1 C Page 448 of 561 PROJECT PROFILE VALUE OF WORK PERFORMED $2,341,715 EXPECTED COMPLETION DATO Oct OWNER REFERENCE City of Gainesville Matt' Tarver 770.538.4977 %TVV-17152. City of Gainesville Matt Tarver 770.538.4977 4520 N. State Rd. 37 Orleans, IN 47452 Phone: 812.865.3232 Websife: www.layne.com . . . . . . . . . . . I a • r 1 —10 LF of OC LF ici 25,. 3..F Ch cind IoO Id dU( ` ^n KAP6 N- rnzir. are �H r et Page 449 of 561 , j j FM" = # W Il Page 451 of 561 V PUBLIC HEARING 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15 -023 - FIRST READING. Approve amendments to the LDR to 1) allow City- initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City- initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review, EXPLANATION OF REQUEST: The proposed amendments to the LDR apply to city- initiated applications for Future Land Use Map (FLUM) amendments and rezonings. Firstly - in cases when such requests implement recommendations of redevelopment plans - the amendments would allow them to be processed without the concurrent submittal and review of the master plan /site plan. Secondly, the amendments would support approval of all City- initiated requests without the full criteria -based review. The LDRs specify that master plan and site plan applications are required to be submitted and reviewed concurrently with the application for rezoning to a planned district (Chapter 2, Section 2.D.6). This provision has potential negative implications on development and redevelopment activities. Several of the CRA's redevelopment plans contain recommendations to change future land use designations and, consequently, zoning. Many of such recommendations include transitions to planned zoning districts but, because of the rezoning provisions for these districts and requirement of a master plan, they remain largely on the books and cannot be implemented unless an applicant submits a rezoning and a master plan application for a specific property. As cities compete for projects more aggressively than ever, developers are likely to give priority to sites with a desired zoning designation "on the ground," which conveys many advantages, such as less uncertainty (and therefore lower risk), lower fees and potentially significant savings due to reduction of the project's timeline. Developers seeking to apply for the Low Income Housing Tax Credit ( LIHTC) program are particularly affected. The program, which provides nonprofit and for - profit developers with a dollar- for - dollar reduction in federal tax liability in exchange for development of affordable rental housing, requires zoning to be on the ground at the time of filing the LIHTC application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. In addition to allowing these city- initiated requests to proceed without accompanying master plan /site plan, the subject amendments would also support approval of all City- initiated requests without the full criteria -based review, typically involving 7 and 10 review criteria for FLUM amendments and rezoning, respectively. The only criterion that such applications must meet is the consistency standard, which requires a determination whether the request under consideration would be "consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations ". Staff recommends that the request be approved. The Planning and Development Board recommended that the subject request be approved on August 25, 2015. For further details pertaining to the request, see attached Department Memorandum No. 15 -025. Page 452 of 561 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: The subject item indirectly supports Strategic Initiatives 1.1 and 1.6 which is a prerequisite to required actions involving city initiated reclassification and rezoning of lands for private land assembly and development consistent with the City's Comprehensive Plan and/or Redevelopment Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance D Addendum Exhibit A. Proposed Changes D Addendum Staff Report REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 8/18/2015 ® 4:03 PM Development Mack, Andrew Rejected 8/18/2015 ® 5:48 PM Planning & Zoning Rumpf, Michael Approved 8/18/2015 ® 5:55 PM Development Mack, Andrew Approved 8/19/2015 ® 5:00 PM Finance Howard, Tim Approved 8/21/2015 ® 8:51 AM Legal Cherof, Jim Approved 8/25/2015 ® 3:05 PM City Manager LaVerriere, Lori Approved 8/27/2015 ® 5:23 PM Page 453 of 561 I ORDINANCE NO. 15- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING THE LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 1, GENERAL ADMINISTRATION, 6 ARTICLE VI, CONCURRENCY MANGEMENT, SECTION I.E. 7 LONG RANGE CAPACITY PLANNING; CHAPTER 2, LAND 8 DEVELOPMENT PROCESS, ARTICLE II, SECTION 2.B., 9 SECTION 2.D. AND SECTION 2.F; CHAPTER 3, ZONING, 10 ARTICLE HI, SECTION 5, MIXED -USE (URBAN) DISTRICTS; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, staff is proposing amendments to the Land Development 16 Regulations (LDR) regarding; and 17 WHEREAS, the first amendment would allow city- initiated requests for rezoning 18 lands to a planned zoning district to be processed without a concurrent master plan or site 19 plan; and 20 WHEREAS, staff is also recommending an exemption to city- initiated Future 21 Land Use Map (FLUM) amendments and rezoning requests implementing 22 recommendations of redevelopment plans from the full criteria -based review; and 23 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 24 the best interest of the citizens and residents of the City to amend the Land Development 25 Regulations to allow city- initiated requests for rezoning lands to a planned zoning district 26 to be processed without a concurrent master plan or site plan and exempt city- initiated 27 Future Land Use Map (FLUM) amendments and rezoning requests implementing 28 recommendations of redevelopment plans from the full criteria -based review. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1 . The foregoing whereas clauses are true and correct and are now 1 Page 454 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ratified and confirmed by the City Commission. Section 2. Chapter 1, "General Administration" Article VI, Section 1.E.2. of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Section I.E. Long Range Capacity Planning 2. Any privately- initiated application to rezone to a planned zoning district requires a master plan in accordance with Chapter 2, Article II, Section 2.D.6., . -and such master plan shall be subject to concurrency review as required in Section 1.C.2. above. Section 3. Chapter 2, "Land Development Process" Article II, Section 2.B. of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Section 2.B. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for City- initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency", a Approval of a FLUM amendment/zoning request shall be based on one (1) or more of the following factors: (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. Section 4. Chapter 2, "Land Development Process" Article II, Section 2.D. of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Section 2.1). Rezoning, including Master Plan 1. General e. Rezoning to Planned Zoning Districts. A master plan, along with the concurrent filing and review of a site plan application, shall be required when an- privately- initiated application 2 Page 455 of 561 I is made to rezone lands to a planned zoning district. The master plan shall be an integral 2 component of the rezoning application: however, City- initiated rezoning can proceed proceed in 3 advance of the master plan /site plan submittal. and The master plan shall be reviewed in 4 accordance with Section 2.D.6. below. See Section 2.F. below for additional regulations 5 pertaining to the site plan application. 6 3. Review Criteria. Except for City- initiated rezonings, which shall at a minimum meet 7 criterion (2) for "Consistency." approval of aAn amendment to the official zoning map 8 processed with or without the FLUM amendment shall be reviewed based on one (1) or 9 more of the following factors: 10 (2) Consistency. Whether the proposed FLUM amendment and rezoning would be 11 consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan 12 policies, redevelopment plans, and Land Development Regulations. Approvals of requests 13 to rezone to a planned zoning district may include limitations or requirements imposed on 14 the master plan in order to maintain such consistency. 15 6. Master Plan 16 b. Submittal Requirements. The applicant is required to complete the rezoning application 17 I (see Section— I -2.1). I above), including that which pertains to master plan review, in 18 addition to the site plan application, and provide all documentation required by the 19 respective application checklist. 20 d. Approval Process. A privately- initiated request to rezone (and its accompanying 21 master plan) shall be reviewed concurrently with the processing of the site plan 22 application. Both applications require review by the City Commission and shall be 23 processed in accordance with Chapter 2, Article I, Section 3. 24 e. Expiration. A master plan, which is an integral component of a rezoning application to a 25 planned zoning district pursuant to except as provided in Section 2.D. i.e. above, shall 26 remain valid unless the corresponding site plan expires. In these instances, the official 27 zoning map retains the planned zoning district designation, but the property does not 28 possess a valid development order or development permit, and no permits may be granted 29 by the city on the subject property. The submittal and approval of a new rezoning 30 application, which includes a new or modified master plan and concurrent site plan 31 application, except as provided in Section 2.D. Le above, shall be required in order to 32 commence development, redevelopment, or other site improvements. 33 Section 2.F. Site Plan, Including Time Extension and Modifications 34 8. Miscellaneous 35 36 a. Site plan review shall be required in conjunction with a master plan when rezoning lands to 37 I a planned zoning district:, except as provided in Section 2.D. I .e.- See Section 2.D.6. above 38 for additional regulations pertaining to the rezoning process. In such instances, the site plan 3 Page 456 of 561 shall be consistent with the master plan 2 3 Section 5. Chapter 3, "Zoning" Article III, Section 5 of the City of Boynton 4 Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended 5 as follows: 6 Sec. 5. Mixed -Use (Urban) Districts. 7 A. General. 8 1. Purpose and Intent. The mixed -use (urban) zoning districts are intended to implement the 9 community redevelopment plans, in part, by providing for a mixture of land uses, 10 accommodating varying densities and intensities appropriate for each planning area, and 11 by establishing quality streetscapes and pedestrian environments as part of a compact 12 urban setting. These districts are also intended to support transit ridership and in 13 particular, the development of transit - oriented developments near planned passenger 14 train stations along the FEC Railroad corridor, such as the designated location along 15 Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional 16 standards and requirements of this section are based on the proximity to the planned 17 train station, and location within the transit core, which is defined as the area extending 18 one - quarter (1/4) mile from the train station (see map 4 to be determined). To ensure 19 compliance with these Regulations, an application for site plan approval shall be 20 required and reviewed concurrently with any request to rezone lands to a mixed -use 21 (urban) district, except as provided in Section 2.D.I.e. Also see Chapter 4, Article III, 22 Section 6.H. for design and compatibility standards, as well as the urban design 23 guidelines for development within the Boynton Beach community redevelopment area 24 (urban design guidelines). 25 1 26 Section 6. Should any section or provision of this Ordinance or any portion 27 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 28 not affect the remainder of this Ordinance. 29 Section 7. Authority is hereby given to codify this Ordinance. 30 Section 8. This Ordinance shall become effective immediately. 31 4 Page 457 of 561 I FIRST READING this day of , 2015. 2 SECOND, FINAL READING AND PASSAGE this day of 3 2015. CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO 22 Janet M. Prainito, MMC 23 City Clerk 24 25 26 27 (Corporate Seal) 5 Page 458 of 561 F,XHIRTT A PROPOSED LDR AMENDMENTS PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM Section I.E. Long -Range Capacity Planning 2. Any privately- initiated application to rezone to a planned zoning district requires a master plan in accordance with Chapter 2, Article II, Section 2.D.6., e< - as--1 d 4� ---and such master plan shall be subject to concurrency review as required in Section 1.C.2. above. CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE IL PLANNING AND ZONING DIVISION SERVICES Section 2.13. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for City- initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency " approval of a FLUM amendment /zoning request shall be based on one (1) or more of the following factors: (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. Section 2.1). Rezoning, including Master Plan 1. General e. Rezoning to Planned Zoning Districts. A master plan, along with the concurrent filing and review of a site plan application, shall be required when ai- application is made to rezone lands to a planned zoning district. The master plan shall be an integral component of the rezoning application however, City- initiated rezoning can proceed in advance of the master plan /site plan submittal. a*d-- The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.1 below for additional regulations pertaining to the site plan application. Page 459 of 561 F,XHIBIT A 3. Review Criteria. Except for City- initiated rezoning which shall at a minimum meet criterion (2) for "Consistency," approval of a -An amendment to the official zoning map processed with or without the FLUM amendment shall be r-e-v-k- -d -based on one (1) or more of the following factors: (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. 6. Master Plan b. Submittal Requirements. The applicant is required to complete the rezoning application (see Section - -1- above), including that which pertains to master plan review, in addition to the site plan application, and provide all documentation required by the respective application checklist. d. Approval Process. A privately- initiated request to rezone (and its accompanying master plan) shall be reviewed concurrently with the processing of the site plan application. Both applications require review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. e. Expiration. A master plan, which is an integral component of a rezoning application to a planned zoning district l r �� ¢ except as provided in Section 2.D. Le. above, shall remain valid unless the corresponding site plan expires. In these instances, the official zoning map retains the planned zoning district designation, but the property does not possess a valid development order or development permit, and no permits may be granted by the city on the subject property. The submittal and approval of a new rezoning application, which includes a new or modified master plan and concurrent site plan application except as provided in Section 2.D.l.e above, shall be required in order to commence development, redevelopment, or other site improvements. Section 2.F. Site Plan, Including Time Extension and Modifications 8. Miscellaneous a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a planned zoning districts - except as provided in Section 2.D. 1.e. -- See Section 2.D.6. above for additional regulations pertaining to the rezoning process. In such instances, the site plan shall be consistent with the master plan. CHAPTER 3. ZONING ARTICLE HI. ZONING DISTRICTS AND OVERLAY ZONES Page 460 of 561 F,X141BIT A Sec. 5. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed -use (urban) zoning districts are intended to implement the community redevelopment plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These districts are also intended to support transit ridership and in particular, the development of transit - oriented developments near planned passenger train stations along the FEC Railroad corridor, such as the designated location along Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one - quarter (1/4) mile from the train station (see map 4 to be determined). To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed -use (urban) district except as provided in Section 2.D. Le Also see Chapter 4, Article III, Section 6 .H. for design and compatibility standards, as well as the urban design guidelines for development within the Boynton Beach community redevelopment area (urban design guidelines). Page 461 of 561 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras Senior Planner DATE: August 11, 2015 RE: Approve amendments to the LDR (CDRV 15 -002) to 1) allow City - initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City- initiated Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments support more effective and efficient marketing of the City's selected development and redevelopment sites and thus address items 41 and 45. -1- Page 462 of 561 1. CITY - INITIATED REZONINGS TO PLANNED ZONING DISTRICTS BACKGROUND AND EXPLANATION "Planned" versus "conventional" zoning districts The City of Boynton Beach's Land Development Regulations (LDRs), similar to such regulations of many other municipalities and counties, divide zoning districts into "conventional" and "planned." Conventional districts have clear, objective and uniform standards (e.g. building setbacks, lot coverage, etc.) throughout the City. While the code includes a set of standards for the planned districts, it allows for significant flexibility, supporting innovation, sustainability and creative design. Generally, the purpose of such districts is to help the city to better achieve its planning objectives as specified in redevelopment plans, the comprehensive plan and /or economic development plan. At present, the City has ten planned zoning districts. These include: of PUD (Planned Unit Development) of IPUD (Infill Planned Unit Development), limited to the CRA area of MHPD (Mobile Home Planned Development District), not currently "on the ground" of PCD (Planned Commercial District) of PID (Planned Industrial District) of Mixed Use Urban Districts, limited to the CRA area: o! MU -H (Mixed Use High Intensity) o! MU -L1 (Mixed Use Low Intensity 1) o! MU -L2 (Mixed Use Low Intensity 2) o! MU -L3 (Mixed Use Low Intensity 3) of SMU (Suburban Mixed Use) Reviewing and processing rezoning requests Although the LDRs do not require it, rezoning requests for conventional zoning districts are typically submitted in conjunction with a development project and are thus accompanied by a site plan application. (They also usually, but not always, require a land use amendment.) In some cases, there is a significant time gap between rezoning and filing for a site plan or for other improvements on the property. In other cases, rezoning is sought to allow additional uses that do not necessarily require such improvements. In other words, the Land Development Regulations allow for an application for rezoning to a conventional zoning district to be submitted and reviewed solely on its own merit. However, this process is different for rezoning to a planned zoning district. The LDRs specify that master plan and site plan applications are required to be submitted and reviewed concurrently with the application for rezoning to a planned district (Chapter 2, Section 2.D.6). Moreover, the code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. -2- Page 463 of 561 Planned district regulations and development The latter provision implies that each and every major modification to the master plan requires a concurrent rezoning and, if a master plan or a site plan expires, the rezoning and the master plan approval process must be repeated. In both cases, given that the subject zoning designation has already been applied to the property, such action may appear redundant; nevertheless, it is required to conform to the above cited "integrality" provision. A new master plan or a major modification to an existing one necessitates rezoning, and, likewise due to the subject provision, no development orders can be issued for a property with planned district zoning without a valid master plan. Such property remains effectively in a "legal limbo." This provision has potential zoning implications on development and redevelopment activities. Several of the CRA's redevelopment plans contain recommendations to change future land use designations and, consequently, zoning. As expected, many of such recommendations involve transition to planned zoning districts but, because of the rezoning provisions for these districts and requirement for a master plan, remain largely on the books. They cannot be implemented unless an applicant submits a rezoning and a master plan application for a specific property. (For a significant amount of land in the downtown and the surrounding neighborhoods, the first step—reclassification to Mixed Use and Mixed Use Core future land uses —has already been accomplished.) Developers seeking to apply for the Low Income Housing Tax Credit (LIHTC) program are particularly affected The program, which provides nonprofit and for - profit developers with a dollar- for - dollar reduction in federal tax liability in exchange for the development of affordable rental housing, requires zoning to be on the ground at the time of the application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. Cities compete for projects more aggressively than ever; many hired economic development professionals to design marketin sg trate_ig es. Unlike Boynton Beach, some offer considerable monetary incentives. In this environment, developers will likely give priority to sites with a desired zoning designation "on the ground ", verifiable by the municipality's official zoning map. The map and land development regulations can usually be accessed through the city's website and can provide quick information about what can be developed on the site. "Inappropriate" zoning designation may deter a valuable potential applicant from pursuing his /her inquiry any further, resulting in a loss of a project for the municipality. Rezoning can be a major political and legal hurdle. A desired zoning "on the ground" conveys many advantages, such as less uncertainty (and therefore lower risk), lower fees and significant savings due to reduction of the project's timeline. The latter is important for a number of reasons, including the risk of change in market trends during the time it takes to complete the project. -3- Page 464 of 561 A "desired" or "appropriate" zoning for a developer may not coincide with what zoning the city considers appropriate to implement its vision and planning objectives. Recommendations based on these objectives are contained in the CRA redevelopment plans, which the City is in the process of updating and consolidating. The proposed amendments would make it possible to implement these recommendations for selected properties. For the City as a whole, the future Economic Development Plan may provide such recommendations and guidance. Proposed changes Currently, the procedural regulations in the LDRs do not differentiate between privately submitted and city- initiated requests. Within the last decade, a few city- initiated rezonings were limited to conventional zoning districts. The exception was the Boynton Old School Commercial Center; this rezoning of the Old Boynton High School property to MU -Ll to support the adaptive reuse of the building was denied by the City Commission and the project failed. In that case, however, the applicant submitted a master /site plan, which was reviewed concurrently with rezoning. The proposed amendments would allow City- initiated rezoning applications involving a planned zoning district to be processed without a concurrent master /site plan in the following cases: When land to be rezoned is located within the CRA of The CRA petitions the City for rezoning, and of Rezoning is supported by the redevelopment plan or consistent with the concurrently processed amendment to the redevelopment plan When land to be rezoned is located outside of the CRA of Rezoning is supported by the (future) Economic Development Plan, a (future) redevelopment plan for the area, or the City's strategic Plan. In all cases, future land use amendments accompanying rezonings must by consistent with the Comprehensive Plan. The City -wide Economic Development Plan—likely to be approved within the next two years —will focus on target industries and provide recommendations for major development and redevelopment sites. The City may also create redevelopment plans for some sites, such as the Boynton Beach Mall. IKAE Page 465 of 561 2. CITY- INITIATED FL UM AMENDMENTS /REZONINGS: REVIEW CRITERIA Currently, all staff analyses of Future Land Use Map (FLUM) amendment and rezoning requests are based on review criteria pursuant to Chapter 2, Article 2, Section 2.B.3.C. (for FLUM) and Section 2.D.3. (for rezoning). Applicants are required to provide justification statements based on these criteria; the statements are subsequently reviewed and considered by staff. Both sets of criteria —for FLUM amendments and rezoning include a "consistency" standard, which requires a determination whether the request under consideration would be "consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations ". Overall, there are 7 review criteria for FLUM amendments; analyzing rezoning requests involves 8 general criteria and two separate sets of economic development criteria, one for planned and one for conventional zoning districts. Proposed changes The subject amendments propose to limit the scope of the review for city- initiated FLUM amendments and rezoning requests to the "consistency" criterion. It is anticipated that all such requests will constitute implementation of recommendations included in the redevelopment plans or other major city plans. For all proposed changes, see Exhibit A. In addition to the changes described above, the subject amendments include a "housecleaning" item restoring consistency in language pertaining to the review criteria for FLUM amendments and rezonings. CONCLUSION / RECOMENDATION The proposed code amendments introduce an element of welcome procedural flexibility to the process of rezoning to planned zoning districts. Within the CRA, a significant part of the City's redevelopment planning efforts will involve redesignation of lands to planned zoning districts. Thus, the amendments would support implementation of the redevelopment plans and, city -wide, facilitate marketing of the Boynton Beach's selected development and redevelopment sites. Therefore, staff is recommending approval of the proposed amendments as an important tool benefiting economic development. S:\ Planning\ SHARED \WP \SPECPROJ\CODE REVIEW\CDRV 15 -002 Rezoning process \CDRV 15 -002 Staff Report.doc -5- Page 466 of 561 10.A. CITY MANAGER'S REPORT 9/3/2015 REQUESTED ACTION BY COMMISSION: Presentation concerning the preliminary feasibility study concerning the potential acquisition of the Utility Services from the Town of Manalapan. EXPLANATION OF REQUEST: The Town of Manalapan approached the City in 2014 concerning the potential of an acquisition of the Town's Utility. Both parties agreed to co -fund a high level study to determine the physical and financial feasibility. The study was completed at the end of May, 2015 and staff will present the findings. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the process moves forward, additional customers will be added to Utility Services. FISCAL IMPACT: Non - budgeted Any future action must meet the requirement at a minimum of being expenditure neutral for current customers so there is no impact to the current customer base. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Manalapan Utilities Plan REVIEWERS: Department Reviewer Action Date Page 467 of 561 Utilities Utilities Assistant City Manager Finance City Manager Groff, Colin Approved Groff, Colin Approved Lejeune, Carisse Approved Howard, Tim Approved LaVerriere, Lori Approved 1/25/2015 - 5:31 PW W25/2015 - 5:31 PM W27/2015 - 11:38 AM W27/2015 - 11:39 AM W27/2015 - 5:30 PM Page 468 of 561 Prepared by: GA 1, Consultants Groups M ay 2015 Presented by Colin Groff, Boynton Beach Utilitiel August 2015 Overview of the Conceptual Feasibility of Manalapan Utility Acquisition by the City of Boynton Beach Introduction • The Town approached the City in 2014 concerni ng the potential of an acquisition of the Utility • Both parties agreed to co -fund a high level study to determinethe physical and financial feasibility • The study was completed at the end of M ay, 2015 • Additional detailed work would be required to finalize the financial analysis if both entities chose to move to the next steps High Level Findings • A merger of the infrastructure is feasible and practical with benefitsfor all of thecustomer base • Thereappearsto befinancial and risk avoidance benefits to the Town of M anal apan • The potential acquisition would not impact current Boynton Beach customers • Based on high level information, an acquisition is financial feasiblefor both entities Infrastructure Integration Feasibility • Water stem: - One current and two potential interconnects along with the plant would increase reliability for all customers. - Planned system upgrades would be added to the City's Capital Improvement Plan • Wastewater System: - Minor upgrades to integrate into the City's operating protocol - Continue to use the current contract with Lake Worth • M eters: - Over a set time period, all meters would be changed out to the City's fixed read metering system rage 413 OT 00"I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial Analysis Definitions • Current System Value - Current net book value of assets that will be transferred • Existing Debt- Includes outstanding debt associated with the assets that will be transferred • Capital Improvements -All planned cost included in afive year plan from the transferring entity • Utility interconnections - Required work to integrate both utility systems • Transactional Costs- An esti mate for al I costs associated w ith details of negotiating and closing a sale of assets • Cash on Hand - Reported uti I ity reserves • Accounts Receivables - Recei v abl es f or invoices prior to sale • Unbilled Services- Receivables for services prior to sale with invoicing after the sale • Potential Purchase Price- Negotiated price based on net value rage 413 OT 00"I Financial Analysisfor Manalapan • Based upon the FY2014 a u d ite d financial statements provided; the ending net balance was $8,266,120. • To account for additional capital asset investments in 2015, the analysis used $8,616,072. • Total net cash value for Manalapan is estimated at $4,500,000 1) Estimated Book 10/1/2015 $8,616,072 2) Estimated Existing Debt ($4,402,226) 3) Capital I mprovements ($4,750,000) 4) 1 nterconnections 5) Transactional Costs 6) Cash on Hand (Reported) $2,028,550 7) Accounts Receivable $286,010 8) Unbilled Services $234,217 9) Potential Purchase Price $1,950,000 Total Cost /Cash $4,498,777 Rounded $4,500,000 Less Amount in Rates Subtotal: $4,500,000 Subtotal Rounded: $4,500,000 Costs of Acquisition for Boynton Beach • Boynton Beach would assume 1 ) Estimated Book 10/1/2015 — a ll d e bt a nd 2) Estimated Existing Debt $4,402,226 proposed 3) Capital I mprovements $4,750,000 capital 4) 1 nterconnections $180,000 improvements 5) Transactional Costs $475,000 • Tra nsa c do na 1 6) Cash on Hand (Reported) Costs a re 7) Accounts Receivable estimated 8) Unbilled Services — 9) Potential Purchase Price $1,950,000 • Boynton Beach would assume Total Cost /Cash $11,757,226 $7,400,000 in Rounded $11,800,000 liability covered Less Amount in current funded debt ($4,402,226; by net revenues Subtotal: $7,397,774 Subtotal Rounded: $7.400.000 rage 410 OT 00"I Financial Feasibility for Boynton Beach FY 2016 Projections (Water and Wastewater Combined) Revenues: $2,390,000 Expenses: $1,830,000 (Reduction in current expense due to size efficiencies) Net Rev en u es: $560,000* *Available for use after payment of the two assumed debt instruments (principal and interest induded in expenses for both the 2008 loan and the SRF loan. Capital Costs to Boynton Beach 1) 5-year Cl P $4,750,000 2) Interconnects $ 180,000 3) Cash Purchase Price $1,950,000 4) Other Transactional Items $ 475,000 Total Rounded $7,400,000 Using a 49/6 interest, a 20 -year term (due to accounting ASL remaining lives), and the $7,400,000 cash need; a level additional debt service is estimated at $545,000 per year. rage 410 OT 00"I rage 4 i 7 or 00 -i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate Impacts • Based on thefinancial feasibility, to ensure Boynton Beach customerswill not be impacted, thecurrent Manalapan system revenue stream is required for a period of time • There are multiple options to maintain the current revenue stream and each would require additional study • Based on the information received, M analapan rates may haveto increaseto cover the required Capital Improvements without an acquisition • If Boynton Beach acquiresthe utility and based on current information, increases in the existing M analapan Rates are not required for the City to completethe required Capital Improvements rage 4 i 7 or 00 -i Rate I m pacts Three options have been identified for future study - A rate freeze on the M anal apan rates u nti I Boynton Beach r at es w i I I generate the same level of revenuewith theelimination of the20% H ypol uxo rate surcharge. - The existing Boynton Beach rates plus a twenty - five percent surcharge. - Transition rates to the Boynton Beach rates over an agreed ti me period to generate the required revenue. rage 41y OT 00 "I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Benefitsfor the Town of Manalapan • Transfer of existing debt and costs of approximately $4,440,000 to Boynton Beach. • Transfer of approximately $2,030,000from the utiIity fund to the general fund. • Receipt of an additional $280,000 +/- of accounts receivable. • Receipt of another $230,000 for services provided yet not billed. • Transfer of an estimate $4,750,000 of capital improvements liability to Boynton Beach. • Potential receipt of approximately $1,950,000 as cash at closing for the net purchase price after debt assumptions and the other financial benefits shown above. • Rate stabilization. • Gaining the economy of scale. • Gaining a greater capital improvement capability with a larger entity. • Recovering equity (Equity Recapture) from the utility assets. • Transferring thewater and wastewater liabilities and risksfrom the Town to the City. • Avoiding the risk of the SFWMD reducing the Town's water allocation and requiring expensive alternative supplies for the high water userswithin the town. rage 41y OT 00 "I rage 4OU OT 00 "I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Benefits for the City of Boynton Beach • Gaining a water supply and Water Use Permit at t h e n ortheastern section of the service area, thereby reducing t h e n eed for new storage and rep umping forth e area. • The ability to sup plement /augmentsuppIiesasdetermined optimal. • Ability to gain further efficiencies in capital planning, operations, and maintenance. • Incremental rate stabilization for all customers. • Greater utilization of existing capacity. • Greater utilization of existing resources. • Createsdemand not realized by internal growth or redevelopment. • The additional responsibilities and risks are minor compared to the on -going operations. • Minor activities needed for integration. • Addition of major consumers of water supply. • Financial benefits especially after theterm of the existing Manalapan debt instruments. rage 4OU OT 00 "I Summary and Questions Based on the high -level analysis, it appearsthat the potenti al transacti on if vi abl a based on the f of I owi ng: • The current infrastructure can be easily integrated into the Boynton Beach system. • The Manalapan utilities purchase by Boynton Beach is financially feasible. • Thetransaction would be in the public interest dueto the provision of greater resourcesand the long term rate stability. • The transaction can be implemented without any significant difficulties. 10. B. CITY MANAGER'S REPORT 9/3/2015 REQUESTED ACTION BY COMMISSION: Provide direction to staff on a Citywide General Liability Insurance policy for third party users of City facilities and property. EXPLANATION OF REQUEST: To protect the public funds allocated to the City's self- insured risk insurance program, staff is recommending a consistent Citywide policy regarding requirements for General Liability Insurance for people who use City facilities and property: • Non - employee instructors conducting programs on City property • Renters of City facilities • Applicants for Special Event Permits The City currently requires General Liability insurance coverage for non - employee instructors conducting programs on City property, and it is a requirement in order to receive a Special Event Permit. In order to ensure consistency, staff is recommending a Citywide General Liability Insurance policy that also includes renters of City facilities. The City of Boynton Beach has a "self- insured" Risk Management Program, which means that the City is responsible for paying out the total amount of any liability claim up to the first $200,000. The City has "excess insurance" for which it pays a premium to cover liability claim expenses that exceed $200,000 per occurrence. It is a common risk management strategy to "transfer risk" whenever possible. Transferring risk means to shift the risk from one party to another party. Staff is recommending applying a General Liability insurance requirement to all third party users of City facilities and property. Our risk insurance broker, Arthur J. Gallagher, recommends that vendors, contractors, and tenant users be required to provide general liability insurance. A survey of eight municipalities in Palm Beach and Broward counties revealed a common practice of requiring instructors, facility renters, and special event permit applicants to have General Liability insurance coverage in order to use their facilities. (See attachment: General Liability Requirements Survey.) Although none of the municipalities had a written City policy, they indicated that this was an administrative management practice coordinated by either their Risk Management or Recreation departments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? People who rent City facilities would be required to provide General Liability Coverage in specified amounts based on the type of activity that will occur on City property. Risk Management uses standard hazard identification levels to determine whether an activity is considered to be of low, medium, or high risk. An attachment, "Hazard Levels," has been included which give examples of different types of activities and under which level of risk they would generally be categorized. • Low risk would require $300,000 in General Liability Insurance per occurrence • Medium risk would require $500,000 in General Liability Insurance per occurrence • High risk would require $1,000,000 in General Liability Insurance per occurrence Page 482 of 561 Most activities can be covered under TULIP (Tenant Users Liability Insurance Policy). The TULIP program provides low cost general liability insurance to third party users of various venues and facilities. It protects both the user and the facility against claims by attendees who may be injured as a result of attending the activity. The premium is based upon the risk associated with the activity/event, the number of days coverage is needed, the number of attendees, and whether or not there are additional requirements such as alcohol liability. The applicant for TULIP goes online and enters the City of Boynton Beach, answers basic questions regarding the event, and receives an online quote. Insurance can then be purchased online with a credit card. See attachment: Sample TULIP Quote By way of an example, I ran a quote in our TULIP system for an indoor meeting held one day per month from October 1, 2015 through September 30, 2016 with an average attendance of 40 people. The insurance premium for the example above is $183.00. FISCAL IMPACT: Current Potential Fiscal Impact: The City, by nature of being self- insured, is currently responsible for the first $200,000 of general liability claims. A member of the public sustains an injury while attending a class, activity, meeting, or event on City property. Typical costs associated with a liability claim include: • Emergency transport • Emergency Medical Treatment • Continued Medical Treatment Additional costs may include: • Lost Wages • Attorneys' Fees (cost to defend lawsuit) The cost of the emergency transport alone ($630.00) exceeds the cost of the TULIP insurance premium. ALTERNATIVES: 1. Modify staff's recommendation to require General Liability insurance for renters of City facilities /property. 2. Reject staff's recommendation to require General Liability insurance for renters of City facilities /property. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 483 of 561 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendu D Addendu D Addendul Reviewer Action Oldbury, Julie Approved Howard, Tim Approved LaVerriere, Lori Approved Dat- . , 6 . 1 0 P-W W26/2015 W27/2015 - 5:43 P-W Page 484 of 561 o Ica ow Page 485 of 561 C) ru w uq �r 90 0 (D ID = Q CD uj (D CD Uj CD ID CD t7' O O b9 Q C:D O CD Page 485 of 561 C) ru w uq �r 90 0 Survey of Area Facility Rental, Special Event, and Instructor General Liability Requirements Boca Raton All special events and facility rentals require $1,000,000 General Liability coverage that can be purchased through the City's TULIP program. Each event /rental is looked at by Recreation Services and Risk Management to determine if coverage can be reduced to $500,000 or $300,000. Delray Beach Require $1,000,000 General Liability coverage for most rentals and the final discretion comes from the Recreation Department Delray Beach does not require insurance for meetings at City facilities from City businesses or residents. All Instructors must carry $1,000,000 General Liability for °AFff type of class. Riviera Beach Companies are required to have $1,000,000 General Liability coverage and individuals are required to have $300,000 General Liability for each occurrence. Both companies and individuals can obtain coverage through the TULIP program. The City reserves the right to require additional coverage and types of insurance, and that determination is made by the Risk Manager. West Palm Beach All special events /facility rentals require minimum $1,000,000 General Liability coverage. Coverage can be obtained through the City's TULIP program. Each event /rental is evaluated by Risk Management to determine if the coverage can be reduced or waived. Department Directors can waive liability coverage at their specific locations (with the concurrence of Risk Management) and each contract has a waiver line and hold harmless language. Palm Beach Gardens All special events /facility rentals require minimum $500,000 General Liability coverage. Coconut Creek All special events /facility rentals /instructors are required to have General Liability coverage. The Risk Manager makes the determination as to the level of coverage. Coral Springs Require $1,000,000 General Liability coverage for most rentals but the final discretion comes from the Director of Parks & Recreation. Coral Springs does not require insurance for sporadic meetings held at City facilities. Pompano Beach Require $300,000 minimum General Liability coverage for facility rentals; however, each event /rental is evaluated by Risk Management to determine if the General Liability coverage needs to be increased based upon the type of event. Page 486 of 561 F0911111�� • 111: IRS =ILI I big] ; � HAZARDI EVENT DESCRIPTION F ICLASS ECG 00 528 12 05 Includes copyrighted material of ISO Properties, Inc. with its Page I of 3 [3 permission. Page 487 of 561 Ventriloquist Voter Registration RION M y—, ECG 00 628 12 06 Includes copyrighted material of ISO Properties, Inc. with its permission. Page 488 of 561 Y 1 S7UMTM9MnZTJk;T 1 VIED applicable to this endorsement.) This insurance applies to "injury", "bodily injury," "property damage," or "personal and advertising injury" arising out of "Designated Events" shown in the Schedule of this endorsement. ECG 00 528 12 05 Includes copyrighted material of ISO Properties, Inc. with its Page 3 of 3 0 permission, Page 489 of 561 00. 07.8414 TULIP Program 0 8:30 a.m. - 5 p.m. PT Monday through Friday Get a quote or purchase insurance for your event. Preis �a 1G ) Ste �� t:au5 [..CtuFrrm tienlur i -Jr� -n( _) („ra lip G r! Q GY•f,, C c- i un) I t,ak . Flayment Do not use your browser's "Back" button during this process or information you enter may be lost. 0 summary e: General Aggregate: None Products / Completed Operations: $1,000,000 Personal /Advertising Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Damage: $50,000 Third Party Property Damage (Limit): $1,000,000 Third Party Property Damage (Deductible): $1,000 rat: Event Premium: $140.00 Liquor Liability: $0.00 Attractions / Performers Premium: $0.00 Exhibitors - Non Sales Premium: $0.00 Concessionaires - Non Food Premium: $0.00 Concessionaires - Food Premium: $0.00 Third Party Party Property Damage: $40.00 https: //tulip .onebeaconentertainment.com /e/ tulip /results.aspx? appid= fa52cal5- 8ab5- 48de- a304- a64606e9f464 Page 490 of 5� / J 8/20/2015 Your Quote Is Ready! 8/20/2015 Your Quote Is Ready! Excess Limit Premium: $0.00 State Taxes & Fees: $1.00 TRIA (Terrorism Risk Insurance Act) Premium: $2.00 Total Premium: $183.00 START OVER PURCHASE COVERAGE https: //tulip .onebeaconentertainment.com /e/ tulip /results.aspx? appid= fa52cal5- 8ab5- 48de- a304- a64606e9f464 Page 491 of 5q/1 10.C. CITY MANAGER'S REPORT 9/3/2015 REQUESTED ACTION BY COMMISSION: Discuss and approve the City of Boynton Beach Legislative Priority List for the 2016 State of Florida Legislative Session. EXPLANATION OF REQUEST: Approving a priority list for the 2016 Legislative Session provides our lobbyist, Ballard Partners, Inc., the information needed to successfully promote the interests of the City Commission for the overall benefit of the citizens and businesses of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To be determined. Legislation coming from the 2016 Legislative session has the potential to either help or harm city operations and home rule authority. This makes it important for the City Commission to provide our lobbyist with their requirements before the beginning of session. FISCAL IMPACT: None at this time. ALTERNATIVES: Not approving a Legislative Priority List will hinder the ability of our lobbyist to successfully represent the City of Boynton Beach in the fast paced Legislative Session. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Legislative Priorities REVIEWERS: Page 492 of 561 Department Assistant City Manager Finance City Manager Reviewer Action Lejeune, Carisse Approved Howard, Tim Approved LaVerriere, Lori Approved Date I,�I � � Itl �'�i Page 493 of 561 City of Boynton Beach City Commission 2016 Legislative Priorities Unfunded Mandates: OPPOSE any unfunded mandates imposed on local governments through the legislative or budget process. Communications Services and Local Business Tax Protection SUPPORT legislation that protects general revenues collected from the local communications services tax. These revenues are used to provide essential municipal services, such as public safety and constructing and maintaining roads and bridges, public parks and open spaces. Maintaining a diversified revenue base strengthens the fiscal stability of local governments and improves their ability to serve citizens and businesses. SUPPORT legislation that protects general revenues collected from the local business tax and preserves the local authority to levy the tax. Economic Development SUPPORT a full range of legislation that will help provide jobs, continue and strengthen incentives for target industries, support for small and home based businesses, and general business investment. SUPPORT legislation that authorizes municipalities increased flexibility to enter into public - private partnership agreements pursuant to state law or by home rule authority. Government -Owned Utilities MONITOR and OPPOSE any legislation that will remove home rule authority for municipalities providing water and sewer services outside municipal boundaries. OPPOSE legislation that mandates local governments to bear the cost of relocating utility equipment when the equipment is located within a public utility easement and needed to be relocated for transportation purposes, and if the equipment was located in a right -of -way and needed to be relocated for a non - transportation purposes. Water SUPPORT legislation that clarifies all users of stormwater utility, including government entities, are required to pay stormwater charges to fund the cost of operation and maintenance of such a utility. SUPPORT legislation that provides a recurring source of funding for local government programs and projects that protect water resources, improve water quality and quantity, mitigates pollution from onsite waste water systems and expand the use of alternative water resources, recognizing that reclaimed water is an asset paid for by utilities' rate payers. Page 494 of 561 MONITOR legislation relating to water, water quality, stormwater and centralized sewer systems to ensure that the state or special districts do not impose unfunded mandates on local government utilities. Transportation: MONITOR and SUPPORT legislation that preserves local control of transportation planning and provides opportunities for increased and alternative revenue sources to fund municipal transportation infrastructure projects including non - motorized transportation corridors and local transit connectivity to existing and proposed regional transit systems. OPPOSE any legislation that preempts municipal home rule authority to impose impact fees or transportation concurrency. Commuter Rail: MONITOR and SUPPORT legislative and budget opportunities related to FEC commuter rail station for downtown Boynton Beach and budgetary opportunities to offset infrastructure costs as well as funding options for Operations & Maintenance CRA/Downtown Redevelopment & Transit Oriented Development (TOD's) SUPPORT and MONITOR legislation that will strengthen and support the planning and implementation of transit - oriented developments (TOD's) on a local and /or regional scale. Eco- tourism and Marine Industry Incentives SUPPORT legislation that will assist in protecting our beaches and supporting the marine industry. These include bills to create new, and enhance existing programs related to working marina's, increased funding for kayak/canoe launches and water taxi's as well as access to local waterways. Greenways & Trails SUPPORT legislation that encourages and funds Greenways & Trails. This includes safe bikeways & pedestrian ways, connectivity with regional plans as well as other non - motorized transportation incentives. Cultural Tourism SUPPORT legislation that identifies the importance of cultural tourism as an economic driver for local governments and provides funding opportunities for the creation and continuation of public art, galleries, libraries, events and festivals. Historic Preservation SUPPORT legislation that recognizes the importance of local and regional historic preservation and creates funding opportunities for programming and infrastructure projects that support historic preservation and provides grant funding. Actively seek funding opportunities for the preservation and rehabilitation of the city's Old High School. Page 495 of 561 Public Safety /Security SUPPORT legislation that creates funding opportunities for replacing or building needed public infrastructure for the safety and welfare of the citizens and employees of the City of Boynton Beach. Actively seek funding opportunities for a new Police Facility and City Hall. MONITOR and SUPPORT legislation that enhances cybersecurity programs, protects internal technology infrastructure information, and promotes the sharing of cybersecurity attack information between government and private agencies. SUPPORT legislation that repeals the state preemption of the regulation of vacation rental properties in order to allow local governments to regulate such properties to protect the health and welfare of residents, visitors and businesses. General Government SUPPORT public records reform to discourage or eliminate schemes designed to generate violations of public records laws as well as limit harassing or unreasonable public records requests. Emergency Management /Mitigation /Sustainability Recognizing the impacts sustained by cities related to sea -level rise, changing precipitation patterns and increasing storm severity, the City of Boynton Beach SUPPORTS legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments to mitigate and adapt to these dynamic environmental conditions Page 496 of 561 13.A. LEGAL 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15 -021 - SECOND READING - PUBLIC HEARING - Approve amendment to Chapter 16, Parks and Recreation, of the Code of Ordinances including Section 16 -82, increasing annual resident beach parking permits from $40 to $50, increasing non resident parking permits from $90 to $200 and changing them from seasonal to annual, and increasing daily fees on holidays and weekends from May 1 - November 15 from $5 to $10. EXPLANATION OF REQUEST: Boynton Beach Oceanfront Park is one of our most popular and busiest parks. Approximately 275,000 people visit the park annually. Weekend attendance generally averages over 3,000 visitors. Memorandum 15 -42 provides details regarding beach parking revenue, expenses, number and types of permits sold, and other related information. A comparative review of the Parks and Recreation Chapter was made and proposed modifications are set forth in the Ordinance attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will have no affect on city programs or services. FISCAL IMPACT: Budgeted It is anticipated that the recommended changes will generate approximately $100,000 - $200,000 in additional parking revenue. ALTERNATIVES: Do not approve the recommended changes. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Page 497 of 561 REVIEWERS: Department City Clerk Reviewer Action Approved Date 8/20/2015 ® 10:11 AM Page 498 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 15- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16, "PARKS AND RECREATION" PROVIDNG CLARITY AND ELIMINATING UNNECESSARY LANGUAGE AND INCREASING BEACH PARKING PERMITS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, City staff has been reviewing existing code language to assure that the Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and WHEREAS, the resulting clean -up effort will facilitate greater consistency and understanding of the Chapter; and WHEREAS, Boynton Beach Oceanfront Park is one of the City's most popular and busiest parks and staff, and WHEREAS, staff is recommending increasing annual resident beach parking permit fees, non - resident parking permit fees and daily fees on holidays and weekends while changing the permits from seasonal to annual; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 16 of the City's Code of Ordinances as hereinafter referenced. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 27 Section 2. Chapter 16, "Parks and Recreation" of the City's Code of Ordinances 28 29 30 31 32 33 34 35 36 is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck - through type, as follows: ARTICLE L IN GENERAL Sec. 16 -1. Board created; appointment, terms, qualifications. There is hereby established a recreation and parks board, hereinafter referred to as "board," which board shall consist of seven (7) members. The city ° Commission -shall appoint the members of said board. Two (2) members shall serve for a term of one (1) year from the date of appointment; three (3) members shall serve for a term of two (2) years from the date of appointment; two (2) members shall serve for a term of three (3) years from the 1 Page 499 of 561 37 date of appointment. Vacancies created after expiration of these terms shall be filled by 38 appointments for three -year terms. Members of the board shall be residents and electors of 39 the city. 40 Sec. 16 -2. Removal of board members; vacancies. 50 Sec. 16 -4. Meetings of board. 51 (a) In the performance of their duties set forth in this article, the board shall hold at 52 least one regular meeting each month.4 t _ - - y . Special meetings may be called by the 53 board chairwai or the recreation and parks department upon prior notification. 54 (b) Minutes shall be kept during all meetings. - - a -c- = -,-wen tom th-& -ci-y- tea, -er- -a 4 55 a& 56 (c) The recreation and parks department shall prepare an agenda for each meeting and 57 shall contact the chain+ of the board regarding the agenda. 58 (d) Four (4) members in attendance shall constitute a quorum before an official meeting 59 is declared in session. 60 Sec. 16 -5. Powers and duties of board. 61 1 Subject to the control and direction of the city e-eune4 Commission , the board: 62 (a) Shall act in an advisory capacity (non-administrative) to the recreation and parks 63 department, to assure representation of ideas of citizens who are interested in promoting 64 better recreation and park facilities and programs for the city. Such advice shall include but 65 not be limited to site locations, development, supervision and maintenance of public 66 recreation and parks of the city. 67 I (b) May acquire by gift or donation, any property for public recreation or park 68 purposes. Any gifts or donations acquired shall go through the recreation and parks 69 department and shall become the property of the city, and title of any real property so 70 acquired shall be taken in the name of the city. 71 ' (c) Shall make recommendations to the city manager and city c- Oune4 Commission , 72 through the recreation and parks director, concerning the purchase of property by the city for 73 public recreation and park purposes, concerning the establishment, maintenance, and 74 supervision of public recreation and parks, and concerning expenditures of the recreational 75 and park fund hereinafter established. 4 Page 500 of 561 76 77 arin..a.o h f fi b ,; ��g; p . 78 ( Shall keep records and accounts of all the activities of the board and make reports 79 through the recreation and parks department to the city ne4 Commission and city manager 80 whenever requested to do so. 81 1 (fe) 82 manager-, to be stibfnit4ed to the e4ly C-Ouff ;It, 83 84 a nd t h e e of pu bli e eat ,,, and p a--k f ,.;,;ti es of t h e e it y . 85 (gf) In exercising their powers and performing their duties as -- specified in this article, 86 the board shall act through a majority of its members and the chai n of the board is 87 requested to sign all papers and documents requiring the signature of the recreation and park 88 board. 98 Sec. 16 -7. Use of portion of Boynton Canal and abutting property prohibited. 99 All fishing, swimming, diving, trespassing, parking or loitering in or about that certain 100 portion of the Boynton Canal and abutting property owned by the South Florida Water 101 Management District, lying east of the easterly right -of -way line of U.S. Highway No. 1 102 1 (State Road No. 5), more particularly described hereafter,-- is hereby declared 103 danuerous_ a tresbass_ and a general bublic nuisance and such actions by any Berson are 104 hereby prohibited. 105 Commence at the intersection of the easterly right -of- way line of U.S. Highway No. 1 106 and the northerly right -of -way line of the Boynton Canal; thence proceed easterly along the 107 northerly right -of -way line of the Boynton Canal to the southwest corner of Lot 62, Coquina 108 Cove, Plat Book 24, Page 14, public records of Palm Beach County, Florida; thence proceed 109 southeasterly across the right -of -way line of the Boynton Canal to the northwest corner of 110 Lot 41, Harbor Estates, Plat Book 21, Page 98, public records of Palm Beach County, 111 Florida; thence proceed westerly along the south right -of -way line of the Boynton Canal to 112 its point of intersection with the easterly right -of -way line of U.S. Highway No. 1; thence 113 proceed northerly along the easterly right -of -way line of U.S. Highway No. 1 to the point of 114 beginning,_ i4f e 116 a .° 3 Page 501 of 561 117 Secs. 16- 8- 16 -17. Reserved. 118 ARTICLE II. CITY PARKS AND BEACHES 119 DIVISION 1. GENERALLY 120 Sec. 16 -18. Definitions. 121 As used in this article: 122 Director means the recreation and parks director of the city. 123 Park means 124 land owned by the City, and -c ;- � intended 125 for current or future active or passive recreation. 126 Vehicle means any wheeled conveyance, whether motor powered, animal- drawn, or self - 127 propelled. The term shall include any trailer in tow of any size, kind or description. 128 Exception is made for baby carriages and vehicles in the service of the city parks. 129 Sec. 16 -19. e . Hours and activity fees 130 The director shall establish hours that the park or beach shall be open for he public use 131 as may be deemed reasonable and such opening and closing time shall be posted for public 132 1 information. 133 The City Commission may by resolution establish activity fees for specific activities within 134 any City developed or undeveloped park. 135 Sec. 16 -20. Interference with permittees. 136 No person at any beach or park shall disturb or interfere unreasonably with any person or 137 party occupying any area or participating in any activity under the authority of a permit. 138 Sec. 16 -21. Showing of permits upon request. 139 I Every person at a beach or park shall produce and exhibit any permit from the director he 140 claims to have, upon request of any authorized person who shall desire to inspect the same 141 for the purpose of enforcing compliance with any ordinance or rule. 142 Sec. 16 -22. Enforcement of regulations. 143 (a) The director and park or beach attendants shall, in connection with their duties 144 imposed by law, diligently enforce the provisions of this article. The director and any park 145 attendant shall have the authority to eject from the park or beach any person acting in 146 violation of this article, and shall have the authority to seize and confiscate any property, 147 thing or device in the park or beach used in violation of this article. Administrative authority 148 is hereby granted to the City Manager and /or his or her designee to designate and post 149 specific areas in city parks as "Quiet Zones." 150 (b) Penalties for violation of this section shall be pursuant to the City Code of 151 Ordinances Chapter 1, General Provisions, Article 1, Section 1 -6. M Page 502 of 561 152 Sec. 16 -23. Permit required to erect structure or run utility. 153 I It shall be unlawful for any person to construct or erect any building or structure of 154 whatever kind, whether permanent or temporary in character, or run or string any public 155 service utility into, upon or across any beach or park, except on special written permit issued 156 hereunder. 157 Sec. 16 -24. Removal of sand or soil, shrubs, trees, etc. 158 I It shall be unlawful for any person to dig or remove any beach sand, whether submerged 159 or not, or any soil, rock, stones, trees, shrubs or plants, down - timber or other wood or 160 materials, or make any excavation by tool, equipment, blasting or other means or agency 161 upon any beach or park within the city. 162 Sec. 16 -25. Damaging trees, plants, grass. 163 It shall be unlawful for any person to damage, cut, carve, or transplant any tree or plant or 164 injure the bark, or pick the flowers or seeds of any tree or plant in any beach or park. Nor 165 shall any person attach any rope, wire or other contrivance to any tree or plant. No person 166 shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural 167 beauty or usefulness of any beach or park. 168 Sec. 16 -26. Pollution of waters. 169 It shall be unlawful for any person to throw, discharge or otherwise place or cause to be 170 placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or 171 adjacent to any park or beach, or tributary stream, storm sewer or drain flowing into such 172 waters, any substance, matter or thing, liquid or solid, which will or may result in the 173 pollution of said waters. 174 Sec. 16 -27. Structures to afford open view; guy wires, braces prohibited. 175 It shall be unlawful for any person to erect, maintain, use or occupy on or in any beach or 176 bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed 177 view into said tent, shelter or structure from at least two (2) sides; nor shall any guy wire, 178 rope or extension or exterior brace or support be connected or fastened from any such 179 structure to any other structure, stake, rock or other object outside thereof. 180 Sec. 16 -28. Bounce houses. 181 The use of "bounce houses" and other inflatable playground equipment is prohibited at 182 city -owned property unless the company operating the equipment has received prior approval 183 from the city's Recreation and Parks Director, or their designee, to operate such equipment. 184 The notice of approval shall be posted at the location the equipment is installed during the 185 time that the equipment is being operated in order to allow the appropriate city representative 186 I to verify that the operator received prior approval from the city. Any -- equipment installed on 187 city -owned property without prior approval shall be immediately deflated and /or 188 disconnected by the authorized city representative. The provisions of this section shall be 189 enforced by the city's code enforcement officers, as well as the city's law enforcement 190 officers. Regulations regarding the placement, use, insurance, and supervision requirements 191 shall be developed and published by the city's Recreation and Parks Department. E Page 503 of 561 192 Secs. 16- 29- 16 -37. Reserved. 193 DIVISION 2. CONDUCT REGULATED 194 Sec. 16 -38. Alcoholic beverages permitted only at designated places; sale; drunkenness. 195 No person shall drink nor possess alcoholic beverages at any time at any beach or park 196 except at specifically designated recreation centers pursuant to a Facility/Field Use 197 Application ln'rr sex v lr c or at a beach or 198 ap rk pursuant to a Special Event Permit issued by the city. The sale or possession of 199 alcoholic beverages by a concessionaire, or pursuant to a Special Event Permit or a 200 Facility /Field Use Application will be subject to the strict regulation and control of the 201 director. Sales c e - - - of alcoholic beverages shat ky 1 ua1 202 shall be served for consumption on 203 the immediate premises - - -of vvv -o . No person shall become drunk or be under the 204 influence of intoxicating beverages. The City Commission may approve of certain holidays 205 whereby the prohibition on consuming or possessing alcohol at the beach or a park is waived. 206 Sec. 16 -39. Animals prohibited. 207 No person shall have, or be permitted to have, any dog or other domestic animals on any 208 designated beach or park area at any time whether muzzled, leashed or not except as 209 authorized in Section 4 -33 Animals used by law enforcement or service animals, trained to 210 aid persons with disabilities, shall be exempt from this section. 211 Sec. 16 -40. Fireworks or explosives. 212 I No person at any park or beach shall bring in or have in his possession, or set off or 213 otherwise cause to explode or discharge or burn, any firecracker, torpedo, rocket or other 214 fireworks or explosives or inflammable materials, or discharge them or throw them into any 215 such area from land or highway adjacent thereto. This prohibition includes any substance, 216 compound, mixture or article that in conjunction with any other substance or compound 217 would be dangerous from any of the foregoing standpoints. 218 This section shall not prohibit fireworks displays where permitted under the provisions of 219 section 15 -5. 220 Sec. 16 -41. Use of facilities provided for opposite sex. 221 No person at any park or beach shall occupy any seat or bench, or enter into or loiter or 222 remain in any pavilion or other park structure or section thereof which may be reserved and 223 1 designated by the beffd director for the use of the opposite sex. Exception is made for 224 children under four (4) years of age. 225 Sec. 16 -42. Soliciting prohibited. 226 It shall be unlawful at any beach or park for any person to solicit alms or contributions for 227 any public or private purpose. 228 229 on Page 504 of 561 230 Sec. 16 -43. Fires, permitted only in designated areas; dropping inflammable material. 231 No person shall build or attempt to build a fire except in such areas and under such 232 regulations as may be designated by the director. No person shall drop, throw or otherwise 233 scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable 234 material, within any park area or on any highway, road or street abutting or contiguous 235 thereto. 236 Sec. 16 -44. Gambling. 237 Gambling, or the participation therein or the abetting thereof, is prohibited at any beach or 238 park. 239 Sec. 16 -45. Entering, using closed area. 240 No person shall enter an area on a beach or park posted as "Closed to the Public" nor shall 241 any person use or abut the use of any area in violation of posted notices. 242 Sec. 16 -46. Sleeping, lounging; disorderly conduct generally. 243 No person shall at any beach or park sleep or protractedly lounge on the seats or benches 244 or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent 245 language, or engage in any disorderly conduct or behavior tending to a breach of the public 246 peace. 247 Sec. 16 -47. Cooperation in keeping rest rooms clean. 248 It shall be unlawful for any person to fail to cooperate in maintaining rest rooms and 249 washrooms in a neat and sanitary condition. 250 Sec. 16 -48. Climbing trees; standing or sitting on fixtures. 251 It shall be unlawful for any person to climb any tree, or walk, stand or sit upon 252 monuments, vases, fountains, railings, fences or gun carriages or upon any other property on 253 any beach or park which is not designated or customarily used for such purposes. 254 Sec. 16 -49. Refuse and trash. 255 It shall be unlawful for any person to bring in or dump, deposit or leave any bottles, 256 broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash 257 on any beach or park. No such refuse or trash shall be placed in any waters in or contiguous 258 to any park or beach, or left anywhere on the grounds thereof, but shall be placed in the 259 proper receptacles where these are provided. Where receptacles are not provided, all such 260 rubbish or waste shall be carried away from the park or beach by the person responsible for 261 its presence and properly disposed of elsewhere. 262 Sec. 16 -50. Swimmers to conform to regulations. 263 It shall be unlawful for any person in a park or beach to swim, bathe, or wade in any 264 waters or waterways in or adjacent to any park or beach, except in such waters and at such 265 places and during such hours as are provided therefor, and in compliance with such 266 regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent 267 any waters or places customarily designated for the purpose of swimming or bathing, or 7 Page 505 of 561 276 ' It shall be unlawful for any person to hunt, trap or pursue wild - -life at any time on any 277 beach or park; nor shall any person use, carry or possess air - rifles, spring -guns, bow and 278 arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous 279 to human safety, excluding firearms, or any instrument that can be loaded with and fire blank 280 cartridges, or any kind of trapping device. 281 Sec. 16 -54. Place for picnics; regulation authorized. 282 It shall be unlawful for any person to picnic or lunch on any beach or park in a place other 283 than those designated for that purpose. Attendants shall have the authority to regulate the 284 activities in such areas when necessary to prevent congestion and to secure the maximum use 285 for the comfort and convenience of all. Visitors shall comply with any directions given to 286 achieve this end. 287 Sec. 16 -55. Use of fireplaces and picnic areas. 288 The use of the individual fireplaces together with tables and benches follows generally the 289 rule of "first come, first served." 290 No person shall use any portion of the picnic areas or of any of the buildings or structures 291 therein for the purpose of holding picnics to the exclusion of other persons, nor shall any 292 person use such area and facilities for an unreasonable time if the facilities are crowded. 293 Sec. 16 -56. Duties when leaving picnic area. 294 No person shall leave a picnic area before the fire is completely extinguished and before 295 all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the 296 disposal receptacles where provided. If no such trash receptacles are available, then refuse 297 and trash shall be carried away from the park area by the picnicker to be properly disposed of 298 elsewhere. 299 Sec. 16 -57. Camping. 300 No person shall camp in any park in other than permanent cabins for organized camping, 301 provided by the director and used by groups of persons under adequate supervision. No 302 person shall set up tents, shacks or any other temporary shelter for the purpose of overnight 303 camping, nor shall any person leave in a park after closing hours any movable structure or 304 special vehicle to be used or that could be used for such purpose, such as a house trailer, 305 camp trailer, camper, camp wagon or the like. Page 506 of 561 306 Sec. 16 -58. Games allowed only in designated areas. 307 No person shall take part in or abet the playing of any games involving thrown or other 308 propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set 309 apart for such forms of recreation. The playing of rough or comparatively dangerous games 310 such as football, baseball and quoits is prohibited except on the fields and courts or areas 311 provided therefor. Roller skating shall be confined to those areas specifically designated for 312 such pastime. 313 Sec. 16 -59. Overnight boat docking prohibited. 314 It shall be unlawful for any persons to camp overnight on the grounds of Harvey E. Oyer, 315 Jr. Park or to dock their boats on the shorelines or ramp area of said Harvey E. Oyer, Jr. Park 316 either overnight or on a permanent docking basis. 317 Sec. 16 -60. Establishing hours of use at Harvey E. Oyer, Jr. Park. 318 (a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except: 319 (1) Fishermen; 320 (2) Boaters actively engaged in fishing or boating or preparation thereof, and 321 (3) Official permit holders utilizing the boat club building. 322 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 323 between the hours of 10:00 p.m. and dawn of the next day. 324 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but 325 not limited to, storage of vessels, vehicles and trailers. 326 (d) No tether, lock or other personal property shall be permanently attached to any 327 fixtures, trees or other objects on the Harvey E. Oyer, Jr. Park premises. 328 (e) Any decal holder actively engaged in fishing, boating or preparation thereof for a 329 period of three (3) days or more shall notify the City in writing in advance. The City shall tag 330 the trailer and /or vehicle of any such decal holder as an "Extended Stay" vehicle. Any 331 vehicle or trailer that remains in the Park for three (3) days or more without prior permission 332 from the City shall be removed, towed or otherwise disposed of at the owner's expense. 333 (f) Vehicles without a trailer may only park in areas designated for single vehicles. 334 Sec. 16 -61. Boat launching and trailer parking user fee at the Harvey E. Oyer, Jr. Park. 335 (a) The purpose of this section is to establish an annual and daily boat launching and 336 trailer parking user fee for the Harvey E. Oyer, Jr. Park, and to establish rules and regulations 337 related to the use of the Park. 338 (b) The City shall charge a fifty dollar ($50.00) annual decal fee. On weekends and 339 holidays, those who do not have an annual decal may pay a ten dollar ($10.00) daily fee. 340 There is no daily fee for non -decal holders during the weekdays (Monday through Friday). I Page 507 of 561 341 (c) The City shall not differentiate between residents and non - residents of the County or 342 the State while processing decal applications. 343 (d) (1) Decals will be issued to an applicant on an annual basis, October 1 to 344 September 30, upon satisfactory completion of appropriate application forms, commencing 345 October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer 346 (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the 347 ball). Decals placed on a trailer other than the one for which it was originally issued shall be 348 construed to be void. 349 (2) In the event that the trailer to which the permanent decal was issued has been 350 sold or otherwise changed ownership and /or in the event a properly issued decal is mutilated 351 and can be identified, the decal will be replaced for a charge of twenty -five dollars ($25.00), 352 provided the holder can return an identifiable portion of the mutilated decal to the city. In the 353 event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of 354 the decal, the charge for a replacement decal will be the sum of fifty dollars ($50.00). 355 (e) Boats, vessels and trailers that do not have a lawfully issued decal shall be subject to 356 a twenty -five dollar ($25.00) fine. 357 Sec. 16-62. Enforcement. 358 The City Police Department is hereby given the power and duty to enforce this article, and 359 shall have the power to make lawful arrests for the violation of the provisions hereof. Anyone 360 found to have violated any provision of this section shall be punished as provided for in this 361 chapter or as otherwise provided by law. 362 Secs. 16- 63- 16 -68. Reserved. 363 DIVISION 3. TRAFFIC AND PARKING REGULATIONS 364 Sec. 16 -69. Compliance required. 365 It shall be unlawful for any person at any beach or park to fail to comply with all 366 applicable provisions of the state motor vehicle traffic laws in regard to equipment and 367 operation of vehicles together with such regulations as are contained in this Code. 368 Sec. 16 -70. Authority to direct traffic; obedience required. 369 It shall be unlawful for any person to fail to obey all traffic officers and park or beach 370 employees, such persons being hereby authorized and instructed to direct traffic whenever 371 and wherever needed in the parks and on the highways, streets or roads immediately adjacent 372 thereto in accordance with the provisions of these regulations and such supplementary 373 regulations as may be issued subsequently by the director. 374 Sec. 16 -71. Observance of traffic signs. 375 It shall be unlawful for any person on any beach or park to fail to observe carefully all 376 traffic signs indicating speed, direction, caution, stopping or parking, and all others posted 377 for proper control and to safeguard life and property. 378 Sec. 16 -72. Speed limit. 10 Page 508 of 561 379 It shall be unlawful for any person on any beach or park to ride or drive a vehicle at a rate 380 of speed exceeding ten (10) miles an hour, except upon such roads as the director may 381 designate by posted signs for speedier travel. 382 Sec. 16 -73. Driving in prohibited areas. 383 It shall be unlawful for any person to drive a vehicle on any beach or park area except 384 upon paved roads or parking areas or such areas as may be designated as temporary parking 385 areas by the director. 386 Sec. 16 -74. Parking to be in parking areas; obedience to regulations. 387 It shall be unlawful for any person to park a vehicle on any beach or park in other than an 388 established or designated parking area and such use shall be in accordance with the posted 389 directions thereat and with the instructions of any attendant who may be present. 390 Sec. 16 -75. Night parking. 391 It shall be unlawful for any person to leave a vehicle standing or parked at night on any 392 beach or park without lights clearly visible for at least seventy -five (75) feet from both front 393 and rear on any driveway or road area except in legally established parking areas. 394 Sec. 16 -76. Notice of vehicle breakdown. 395 It shall be unlawful for any person to fail to immediately notify an attendant of a vehicle 396 breakdown on any beach or park requiring assistance of a tow truck, mechanic or any person. 397 Sec. 16 -77. Double parking. 398 It shall be unlawful for any person to double park any vehicle on any road or parkway on 399 any beach or park unless directed by a park official. 400 Sec. 16 -78. Where bicycles permitted. 401 It shall be unlawful for any person to ride a bicycle in any beach or park on other than a 402 paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to 403 wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area 404 reserved for pedestrian use. 405 Sec. 16 -79. Bicycles to keep to right, single file; manner of riding generally. 406 All persons riding bicycles in any beach or park shall ride such bicycles on the right -hand 407 side of the road paving as close as conditions permit, and bicycles shall be kept in single file 408 when two (2) or more are operating as a group. Bicyclists shall at all times operate their 409 machines with reasonable regard to the safety of others, signal all turns, pass to the right of 410 any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. 411 Sec. 16 -80. Passengers on bicycles; manner of parking or leaving. 412 It shall be unlawful for any person on any beach or park to ride any other person on a 413 bicycle, or to leave a bicycle in a place other than a bicycle rack when such is provided and 414 there is a space available, or to leave a bicycle lying on the ground or paving, so set against 415 trees, or in any place or position where other persons may trip over or be injured by them. 11 Page 509 of 561 416 Sec. 16 -81. Headlights, reflectors on bicycles. 417 It shall be unlawful for any person, on any beach or park to ride a bicycle on any road 418 between thirty (30) minutes after sunset or before thirty (30) minutes before sunrise without 419 an attached headlight plainly visible at least five hundred (500) feet in front of the bicycle, 420 and without a red tail light or red reflector plainly visible from at least six hundred (600) feet 421 from the rear of such bicycle. 422 Sec. 16 -82. Rules, regulations controlling parking of vehicles at municipal beach 423 property located within the Town of Ocean Ridge. 424 The city manager is hereby directed to implement subject procedures at the earliest 425 possible date. (Said regulations are set out below.) 426 POLICY NO. 1. PARKING PERMITS 427 Parking permits will be issued on an annual basis (October 1 through September 30) each 428 year to residents (see "Definitions ") of the City of Boynton Beach, for a charge of few 429 fifty dollars ($50) for each decal issued to a resident vehicle, upon 430 satisfactory completion of appropriate application forms. Applicants will be required to 431 establish proof of residency in the City of Boynton Beach (see "Definitions ") and to present 432 their official state motor vehicle tag registration certificate for each decal purchased. 433 I Lost or mutilated parking permits. In the event that the vehicle to which the permanent 434 decal was issued has been sold or otherwise changed ownership and /or in the event a 435 properly issued parking decal is mutilated and can be identified, such decal will be replaced 436 for a charge of fifteen dollars ($15) provided the holder can return 437 an identifiable portion of the mutilated parking decal to the city. In the event the holder of a 438 lost or mutilated parking permit cannot provide an identifiable portion or part of such parking 439 decal, the charge for a replacement decal will be the sum of f i4y d° "^r° ($40 fifty 440 dollars $501 441 Q ualified nonresidents: Qualified nonresidents may obtain beach decals that permit 442 parking on speei °d dates and t m °^ annually. The cost for such . permit and the dates th ^r° 443 ^' ' ^'� ^ "'-' as set forth herein: 444 The permit fee for qualified nonresidents shall be ninety do11aE±Jj29 two hundred 445 dollars ($200.00) each. ^" be valid seven ( 7) d ays a week, fFemM« 1 to Ne vembe 446 447 Definitions 448 City employees: All city employees, classified, nonclassified and retired, regardless of 449 residency, shall be eligible to fee purchase one (1) parking permit. Proof of employment 450 shall be established through the personnel department of the city. Persons who terminate (not 451 retired) their employment with the city and who are not city residents shall be required to 452 scrape off their stickers and return remains to the issuing office. 453 Resident: Anyone owning real estate and /or leasing, renting or occupying real estate or 454 living accommodations within the City of Boynton Beach for a time period of at least six (6) 455 consecutive months each calendar year, as well as members of their immediate family 456 residing with them; provided, however, for purposes of this section, the term "City of 12 Page 510 of 561 457 Boynton Beach" shall include all property within the corporate limits of the Town of Ocean 458 Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax 459 bill, property deed or lease agreement. 460 I Qualified nonresident: Anyone who is not a resident but who resides in the agricultural 461 reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal 462 No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the 463 Loxahatchee National Wildlife Refuge. 464 POLICY NO. 2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS 465 (1) Ensure that applicants are residents as defined in Policy No. 1. 466 (2) Request proof of residency. Proof established in accordance with Policy No. 1. 467 (3) Request separate vehicle registration for each parking permit to be issued. 468 (4) Residents leasing automobiles should provide contract documents establishing the 469 lease agreement or arrangement or company car assignment. 470 (5) Issuing authority shall complete parking permit application by listing separate 471 permit numbers opposite the make, model and year of each vehicle. 472 (6) All parking permits shall be permanently affixed upon the lower, left -hand side 473 (driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than 474 the one for which it was originally issued shall be construed to be void. 475 (7) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be 476 displayed on the left front fork of such vehicle or other visible location in the area of the left 477 front. 478 I 485 PARKING FEES FOR MOTOR VEHICLES 486 A daily parking fee is hereby established for all motor vehicles parking at the public 487 beach, except those hereinafter excepted, in accordance with the following rates and charges. 488 May 1 November 15 489 Weekdays (Monday- Friday) $5.00 490 Weekends (Saturday & Sunday) and Holidays $10.00 491 November 16 —April 30 $10.00 13 Page 511 of 561 493 Exceptions 494 (1) Vehicle having affixed thereto a parking permit issued in accordance with the 495 rules and regulations of Policies 1 and 2. 496 (2) Official state, county and city vehicles entering the park in the performance of 497 governmental functions. 498 (3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when 499 engaged in official park business. 500 (4) School buses transporting Florida school, college or university students in a group 501 or body for a field trip for educational purposes. This exception shall not apply to vehicles 502 transporting such groups to the park for recreational purposes. 503 Florida school groups, as mentioned in exception (4), must make prearrangements 504 with the director of recreation and parks, or his designee, by submitting a letter from the 505 school principal certifying that the trip is a part of the school curriculum. 506 Parking permits will be available to all city residents as outlined in Policies 1 and 2. 507 Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with 508 this policy. 509 PARKING AREAS FOR MOTOR VEHICLES 510 -t el lie 511 516 shall park in the lower level spaces of the parking area at the public beach 517 PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS 518 It shall be unlawful for any person to falsify information in the process of applying for a 519 parking permit, for any person to sell a parking permit, for any person to transfer a parking 520 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining 521 to the use of the parking facilities at the public beach. 522 Secs. 16- 83- 16 -92. Reserved. 523 ARTICLE III. BOATS AND BOATING 524 Sec. 16 -93. Speed causing harmful wake. 525 It shall be unlawful to operate any boat, vessel or other watercraft upon any waterway or 526 body of water within the corporate limits of the city at a rate of speed which causes waves to 527 damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such 528 waterways. 14 Page 512 of 561 529 1 It shall be unlawful to operate any boat, vessel or other watercraft upon any waterway or 530 body of water within the corporate limits of the city at a rate of speed which causes waves to 531 damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such 532 waterways. 533 Sec. 16 -93.1. Boats, watercraft, personal watercraft; speed restriction on C -16 Canal 534 (Pioneer Park). 535 ' (a) No person shall operate a motorboat or personal watercraft as further defined by 536 Florida Statutes or permit a motorboat or personal watercraft to be operated in the C -16 537 Canal idle speed no wake zone at any speed greater than idle speed no wake. The C -16 Canal 538 idle speed no wake zone is hereby established to be all waters two hundred (200) feet east 539 and west of the boat launch area of the C -16 Canal (Pioneer Park). 540 (b) The C -16 Canal idle speed no wake zone shall be marked on the canal with uniform 541 waterway regulatory markers in accordance with applicable state and federal laws and 542 regulations. 543 I (c) A violation of any provision of this section shall be punished pursuant to Section 544 327.73, Florida Statutes. 545 Sec. 16 -94. Mufflers required. 546 I It shall be unlawful to operate any watercraft with outboard motor or inboard motor not 547 having properly muffled exhaust within the city, in such manner as to annoy or disturb the 548 quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or any other 549 type of residence, or of any person in the vicinity. 550 Sec. 16 -94.5. Mooring, docking, fueling or refueling of water craft prohibited. 551 (a) No person shall at any park or beach fuel or refuel any water craft. For purposes of 552 this section water craft shall include but is not limited to motorized boats and jet skis. 553 Furthermore, as used in this section jet skis shall mean any personal water craft designed for 554 ri ding enj oyment of person(s), being propelled by a j et pump with a fully enclosed impeller. 555 (b) Anyone found to have violated any provision of this section shall be punished as 556 provided for in this chapter or as otherwise provided by law. 557 Sec. 16 -95. Enforcement. 558 The police department of the city is hereby given the power and duty of enforcing the 559 provisions of this article and shall have the power to make lawful arrests for the violation of 560 1 the provisions hereof; and to prosecute offenders. In case a violation is not committed in the 561 presence of a member of the police department or cannot be detected by observation of such 562 member, he may require an affidavit of any complaining person with assurance that such 563 complaining witness will appear to testify at the trial before making any arrest. 564 565 15 Page 513 of 561 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 Section 3. Each and every other provision of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this day of , 2015. SECOND, FINAL READING AND PASSAGE this 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 16 day of , YES NO Page 514 of 561 RECREATION DEPARTMENT MEMORANDUM NO. 15 -42 TO: Lori LaVerriere, City Manager THROUGH: Carisse LeJeune, Assistant City Manager FROM: Wally Majors, Recreation & Parks Director DATE: May 19, 2015 SUBJECT: Parking Fees — Oceanfront Park The Department recommends increasing /changing parking fees at Oceanfront Park as follows: • $40 Annual Resident Parking Permit increase to $50 • $90 Non - Resident Seasonal (May 1 — Nov. 15) Parking Permit to $200 Annually instead of Seasonally. • $5 Daily Parking Fee (May 1 — Nov. 15) to $10 on weekends and holidays and $5 on weekdays all year (currently daily fees are $10 Nov. 16 — April 30, and $5 May 1 —Nov. 15) Parking fees are collected from 8:00 a.m. to 4:00 p.m. every day. There are 257 parking spaces: 161 in the lower lot and 96 in the upper lot. During the year, on average, the parking lot is filled to capacity 130 days. For reference, the following table provides an overview of fees, revenues, and expenses: YEAR Annual Resident Permit Fee Annual Parking Permits Sold Non Resident Seasonal Permits Sold Daily Parking Fees Total Beach Revenue (includes snack bar and cabana rental) Expenses (not including custodial/parks maintenance) 2002/03 $20 7,496 82 $118,212 $312,078 $469,003 2005/06 1 $30 5,739 36 $161,173 $358,363 $498,464 2009/10 $40 3,539 14 $143,496 $305,356 $555,426 2010/11 $40 3,277 16 $154,718 $309,518 $574,917 2011/12 $40 3,179 20 $214,265 $372,195 $515,628 2012/13 $40 3,457 29 $201,331 $361,661 $504,982 2013/14 $40 3,662 24 $275,480 $456,930 $522,063 2014/15 $40 3,776 16 Since the annual parking permit fees have not been increased since 2009/10, and considering that sales of these permits have increased each of the past three years, the Department recommends increasing this fee from $40 to $50. Page 515 of 561 Additionally, very few people purchase "seasonal" non - resident parking permits. The low sales of these permits is because they are seasonal, i.e. only valid from May 1 - November 15. If non- residents were able purchase an "annual" parking permit, it is anticipated that sales would increase. Acknowledging that non - residents do not pay property taxes, and parking is limited, the Department recommends making "annual" parking permits available to non - residents at a cost of $200. Currently, daily fees throughout the week are $10 from November 16 - April 30. From May 1 - November 15 fees are reduced to $5. During the past three years, as illustrated in the table below, the demand for offseason parking during weekends and holidays increases. Oceanfront Park Parking - Weekends/Holidays Month 2014 2013 2012 Cars *Cars * *Revenue *Cars * *Revenue *Cars * *Revenue January 2,649 $7,360 3,129 $14,770 3,029 $7,540 February 2,927 $14,550 2,438 $8,500 2,533 $6,240 March 4,545 $18,360 3,443 $15,450 4,825 $14,610 April 2,826 $17,250 3,035 $14,990 2,654 $10,220 May 3,267 $12,125 2,856 $13,720 4,019 $12,600 June 2,725 $11,420 3,223 $11,975 3,108 $8,995 July 3,177 $14,065 2,487 $9,425 4,225 $14,050 August 2,902 $11,775 3,050 $10,750 2,224 $7,095 September 1,936 $5,045 2,269 $8,865 2,910 $9,190 October 2,593 $9,260 1,810 $6,075 1,479 $4,130 November 1 -15 ($5) 1,179 $2,865 828 $1,955 944 $2,785 November 16 -30 ($10) 1,378 $5,460 1,329 $5,170 1,128 $4,740 December 2,796 $12,610 1,784 $9,020 2,170 $8,430 *Cars - Includes those with annual parking permits and those paying daily fee * *Revenue - Daily fees collected on holidays and weekends The Department acknowledges that the increased parking demand during the off - season may be directly related to the reduced fee. However, considering the limited parking spaces available at the park, along with the high demand for parking, increasing the daily parking fee during the off- season is warranted. Page 516 of 561 2014 2013 2012 Weekend/Holiday Totals Cars Revenue Cars Revenue Cars I Revenue In- Season (Nov. 16 - April 30) 17,121 $75,770 15,158 $67,900 16,339 $51,780 Off - Season (May 1 -Nov. 15) 17,779 $66,555 16,523 $62,765 18,909 $58,845 The Department acknowledges that the increased parking demand during the off - season may be directly related to the reduced fee. However, considering the limited parking spaces available at the park, along with the high demand for parking, increasing the daily parking fee during the off- season is warranted. Page 516 of 561 It is difficult to predict exactly how much additional revenue will be generated by changing the daily fee during the off - season from $5 to $10 on weekends and holidays. However, for illustrative purposes, the following table demonstrates the potential gain in revenue while taking in consideration a potential reduction in the number of cars entering the park (and paying the daily fee). For example, if 10% less cars visit the park during the offseason on weekends and holidays, increasing the daily fee to $10 during this time period would generate $110,290, resulting in a gain in revenue of $47,570. For example, if 3 fk visit the park during the offseason on weekends and holidays, increasing the daily fee to $10 during this time period would generate 81 resulting in a gain in revenue of Consequently, even with up to a 40% reduction in cars paying the increased daily fee on weekends and holidays the City would still realize an increase in revenue of $12,500. The potential revenue increase is approximately $62,000 if parking demand by those without decals remains constant. 1�1 Page 517 of 561 Average number of cars Amount of revenue Potential Gain paying daily fee on weekends daily fees generate on in Revenue and holidays during off- weekends and holidays season during off - season Current Daily Parking Fee $5 12,544 $62,720 $0 10% less cars visiting the park 11,290 $110,290 $47,570 paying $10 daily fee 20% less cars visiting the park 10,036 $100,360 $36,640 p aying $10 daily fee fan „ $I(1 d��'fe 40% less cars visiting the park 7,526 $75,260 $12,540 p aying $10 daily fee 50% less cars visiting the park 6,272 $62,720 $0 paying $10 daily fee Consequently, even with up to a 40% reduction in cars paying the increased daily fee on weekends and holidays the City would still realize an increase in revenue of $12,500. The potential revenue increase is approximately $62,000 if parking demand by those without decals remains constant. 1�1 Page 517 of 561 13. B. LEGAL 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15 -022 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending Article III of Chapter 18, Section 18 -169, Boynton Beach Police Officers' Pension Fund providing for a 3% multiplier for participants hired on or after October 1, 2015. EXPLANATION OF REQUEST: On June 2, 2015, the PBA Collective Bargaining Agreements for Police Officers and Detectives, Police Sergeants, and Police Lieutenants were ratified. In these Agreements, the City and the Union agreed to reduce the pension multiplier from 3.5% to 3% for new Police Officers hired on or after October 1, 2015. This item contains the Ordinance for amending the police pension plan in accordance with the negotiated provisions in the collective bargaining agreements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The reduction of the multiplier will provide long term savings to the City in its contribution to the pension fund, which supports sustainability of the plan. FISCAL IMPACT: Budgeted ALTERNATIVES: Do not pass the negotiated amendment. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Action: 4.6 Pension Reform for City Employees. Reducing the multiplier for Police Officers hired on or after October 1, 2015 is in support of Strategic Plan Action Item 4.6 by endeavoring to create long term savings on City plan contributions and increasing overall plan sustainability. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 518 of 561 REVIEWERS: Department City Clerk Ordinance approving Police Pension Amendment 3% Reviewer Action Date Pyle, Judith Approved 8/20/2015 ® 10:11 AM Page 519 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDINANCE 15- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED "MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND;" AMENDING SECTION 18 -169 PROVIDING FOR A 3% MULTIPLIER FOR POLICE OFFICERS HIRED ON OR AFTER OCTOBER 1, 2015; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association have agreed in collective bargaining that the multiplier for police officers hired on or after October 1, 2015 will be 3 %; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to revise its Police Officers' Plan in order to provide this administrative change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. Section 2. Section 18 -169 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18 -169. Requirements for retirement- benefit amounts. 24 (a) 25 26 27 N't Normal retirement. (2) Normal retirement benefit. The normal retirement benefit payable to a police officer who retires on or after the normal retirement date shall be an amount equal to the number of years of his or her credited service multiplied by 3.5% of his or her average final Page 1 of 5 Page 520 of 561 29 compensation. Effective [insert effective date], for all police officers hired on or after 30 October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0 %. 31 32 (c) Disability retirement. 33 * * * 34 (2) Nonservice incurred. Effective October 1, 2000, any member with ten years of 35 continuous service who receives a nonservice incurred injury, illness, disease or disability, 36 and which illness, injury, disease or disability totally and permanently disables him or her to 37 the extent that, in the opinion of the Board of Trustees, he or she is wholly prevented from 38 rendering useful and efficient service as a police officer, shall receive from the fund in equal 39 monthly installments an amount equal to 3.5 % of his or her average final compensation for 40 each year of continuous service until death or recovery from disability whichever shall first 41 occur, provided, however, the maximum benefit to which a member may become entitled 42 under this paragraph shall not exceed 60% of his or her average final compensation during 43 said period, but in all cases the benefit will be at least 25% of average final compensation 44 during said period. Such benefit shall be payable on the first day of each month, commencing 45 on the first day of the month following the latter to occur of the date on which the disability 46 has existed for three months and the date the Board of Trustees approved the payment of such 47 retirement income. Effective [insert effective date], for all police officers hired on or after 48 October 1, 2015, the 3.5% multiplier provided for in this paragraph shall be 3.0 %. 49 50 (d) Death benefit. 51 (1) If any member shall die prior to retirement or other termination of employment Page 2 of 5 Page 521 of 561 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 with the city and that death is found by the Board of Trustees to have occurred in the line of duty regardless of the years of service, a death benefit shall be payable to the deceased member's spouse. The benefit shall equal 3.5 % of average final compensation for each year of continuous service; provided, however, the benefit will be at least 30% of average final compensation. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death of the spouse. If there is no spouse, the benefit, if any, will be paid to the deceased participant's estate. Effective ( insert effective date], for all police officers hired on or after October 1. 2015. the 3.5% multiplier provided for in this paragraph shall be 3.0 %. (2) If any member with at least ten years of continuous service shall die prior to retirement or other termination of employment with the city, a death benefit shall be payable to the deceased member's spouse. The benefit shall equal 3.5 % of average final compensation for each year of continuous service. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death or remarriage of the spouse. If there is no spouse, the benefit, if any, will be paid to the deceased participant's estate. Effective [insert effective date], for all police officers hired on or after October 1. 2015. the 3.5% multiplier provided for in this paragraph shall be 3.0 %. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re- lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. Page 3of5 Page 522 of 561 75 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 76 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 77 conflict. 78 Section 5. If any clause, section, or other part or application of this Ordinance 79 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such 80 unconstitutional or invalid part or application shall be considered as eliminated and so not 81 effecting the validity of the remaining portions or applications remaining in full force and 82 effect. 83 Section 6. This Ordinance shall become effective when the following have 84 occurred: 85 (a) the City Commission has received and has accepted a report establishing the 86 actuarial soundness of these amendments; 87 (b) a copy of this Ordinance has been sent to the Florida Division of Retirement; 88 and 89 (c) when a collective bargaining agreement ratifying the foregoing changes to 90 pension benefits has been ratified by the City Commission and the Municipal 91 Police Officers' Pension Board of Trustees, or their successor organization, or 92 a letter from such union stating it accepts the terms of this Ordinance or 93 otherwise does not object to its contents. 94 Upon satisfaction of all of the above requirements, then in that event, the terms and 95 provisions of this Ordinance shall become effective. 96 Page 4of5 Page 523 of 561 97 FIRST READING THIS DAY OF , 2015. 98 SECOND, FINAL READING and PASSAGE THIS DAY OF , 2015. 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Page 5of5 Page 524 of 561 13.C. LEGAL 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15 -024 - FIRST READING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. EXPLANATION OF REQUEST: The City is in receipt of a Petition to Expand Boundaries of Boynton Village Community Development District wherein the Board is requesting to expand the boundaries of the District by adding approximately 4.995 acres of land. Once the expension of the District's boundaries takes place, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. The Boynton Village Community Development District is requesting to expand the CDD to include the park property that is currently owned by the city that will be "swapped" in consideration of the developer providing the acreage in the new development for the dog park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non - budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 525 of 561 REVIEWERS: Department Legal Finance City Manager Expansion of Boundaries MOW 1111 11112 U THIN I I IN T A N N 0103 "I V -4 1 IN N J W I 1110 Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 8/27/2015 ® 4:15 PM 8/27/2015 ® 10:57 PM 8/28/2015 ® 2:20 PM Page 526 of 561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 15- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 06 -073 WHICH CREATED THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT REVISING THE BOUNDARIES OF THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT TO EXPAND THE DISTRICT BOUNDARIES BY APPROXIMATELY 4.995 ACRES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on September 6, 2006 the City Commission approved a Petition establishing the Boynton Village Community Development District which established the boundaries of that District in accordance with Section 190.005(2), Florida Statutes; and WHEREAS, The Boynton Village Community Development District has filed a Petition to Expand the Boundaries of the CDD, which is attached hereto as Exhibit "A" and made a part hereof and contains the information required pursuant to Section 190.046, Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on September 15, 2015, at City Hall in accordance with the requirements of Florida Statutes; and WHEREAS, the City Commission has determined that: 1. That all statements contained within the Petition have been found to be true 25 and correct. 26 27 28 2. That the expansion of the District boundaries is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \05DAD891 - 3247 - 4554- 913A- 3DEF2A076DA5 \Boynton Beach.1853.1.CDD_ Boynton_ Village_ Boundary_Expnsion_ = Ordinance.doc Page 1 of 3 Page 527 of 561 1 3. That the land within the proposed District is of sufficient size, sufficiently 2 compact and sufficiently contiguous to be developable as one functional interrelated 3 community. 4 4. That the expansion of the District boundaries is the best alternative available 5 for delivering the community development services and facilities to the lands within the 6 District boundaries. 7 5. That the area identified in the Petition is amenable to be included in the 8 proposed District; and 9 WHEREAS, the City Commission has determined that the expansion of the Boynton 10 Village Community Development District boundaries would be consistent with the criteria for 11 community development districts as set forth in the Uniform Community Development 12 District Act of 1980,Chapter 190, Florida Statutes; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. Each Whereas clause set forth above is true and correct and herein 16 incorporated by this reference. 17 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 18 City Commission of the City of Boynton Beach, Florida hereby approves the expansion of the 19 boundaries of the Boynton Village Community Development District as set forth on the 20 Petition attached hereto as Exhibit "A ". 21 Section 3. That all ordinances or parts of ordinances in conflict herewith be and 22 the same are hereby repealed. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \05DAD891 - 3247 - 4554- 913A- 3DEF2A076DA5 \Boynton Beach.1853.1.CDD_ Boynton_ Village_ Boundary_Expnsion_ = Ordinance.doc Page 2 of 3 Page 528 of 561 1 Section 4. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 3 such decision shall not affect the remainder of this ordinance. 4 Section 5. Authority is hereby granted to codify said ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 PASSED AND ADOPTED this day of , 2015. 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE 28 Janet M. Prainito, MMC 29 City Clerk 30 31 32 33 (Corporate Seal) YES NO C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \05DAD891 - 3247 - 4554- 913A- 3DEF2A076DA5 \Boynton Beach.1853.1.CDD_ Boynton_ Village_ Boundary_Expnsion_ = Ordinance.doc Page 3 of 3 Page 529 of 561 # 1 11 1 ! C OMMUNITY DEVELOPMENT DISTR X14.: ( 12NE Y 9 Page 530 of 561 11111!11 1�1�llp!111111� 0 . 1 0 0 1 1 1 111� r 1ri, 111 � � � � 1 1 1 i i 1 �1 1 I li!� does not exceed 50% of the acres initially located within the boundaries of the District and all 11111TIN !I I I I , MOM"6 R W won "I I 1 110 Iii M 61111 IMN, =W1 :,il boundaries. No real property within the external boundaries of the District as proposed is to be any District facilities to serve the proposed expansion area and the estimated cost • constructing MM -0 6. That annexed hereto as Exhibit D and made a part hereof is evidence of the written consent to the inclusion of its property in the District by the owner (directly or as attorney in fact) of one hundred percent (100%) of the real property within the proposed 7. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land within thi. proposed expansion area as shown on the future land use plan element of the City's 8. That annexed hereto as Exhibit F and made a part hereof is a statement • estimated regulatory costs in accordance with the requirements • Section 120.541, Florid.? Page 531 of 561 9. That following the proposed expansion • the District's boundaries • WITE MW 1111 • • rel •r- • Vistrict will be • sufficient size, compactness, and contiguity to be developable as one W11 Wou TiI "It - r ff MM A. Direct its staff • notice, as soon as practicable, a local public non-emergency grant the petition for the expansion • the District's boundaries and to amend the Ordinance B. Grant this Petition and enact an ordinance pursuant to applicable law amending 1111 111�1�1�111111�11p Page 532 of 561 RE SPECTFULLY SUBMITTED this day of 3 2015. Title: Chairperson/Vice-Chairperson W-1 = = I A-91 N 9 0 Wd • 0 W-11 0 05 5: 1 ZY-A I ej or The foregoing instrui was acknowledged before me this ' day of 2015, by MxkM 1::QQtL the Chairperson/Vice-Chairperson of the Board of Supermors of the Boynton Village Community Development District, who is personally known to a or produced as identification. III - — 12 AM COLLEEN LAVERY MY COMMISSION # EE 87809 EXPIRES: FeMary 27, 2017 BOMW Thru NoWry Public Underwrb Page 533 of 561 1":11- jg I 1:1 Jill SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.D as recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. 1 IIII� •!� Page 534 of 561 1*144* V: ts. EXHIBIT METES D BOUNDS DESCRIPTION Page 535 of 561 Said parcel of land situate within the City • Boynton Beach, Palm Beach County, Florida, containing 106.179 Acres, (4,625,160 Square Feet), more or less. Page 536 of 561 I IX"I` ! two 14 MON X42 : I DI IOU% RIJ 1101 INAM I I I 110 1 1 R 114 E ON WCTII 1 IM Sanitary Sewer System 1'-,f sT,TsWM 6374 COST ES TIMATE $57,952 $60,133 $136,195 $ 31,812 Oct o ber , 1 C#I • s OT;WATI]� Oct ober , 1 f $ I 1 e• 1 • •� I Page 537 of 561 10,14:111-110 a1, Page 538 of 561 " W W I Imam On this day of , 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1 . Affiant, , is the of the CITY OF BOYNTON BEACH, a municipal corporation • the State • Florida 1 Affiant hereby represents that he/she has full authority to execute the Petition to Expand the Boundaries • the Boynton Village Community Development District • behalf of the City. 4. The Property consists of approximately 4.995 acres of real property located in the City. 5. Affiant, on behalf of the City, as the fee simple owner of the Property, in the capacity described above, hereby gives its full consent to the expansion of the external boundaries of the Boynton Village Community Development District to include the Property therein. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of ,2015. CITY OF BOYNTON BEACH, a municip corporation of the State of Florida, i STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 5 2015, by . as — of the City of Boynton Beach, a municipal corporation of the State of Florida. He/she is personally known to me or producef as identification. T ed rin Page 539 of 561 ITM;MsjFMW=s 4 IM Mel MIMMIMPROMINN lifflMEMB Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. FIT I M I FMI MITIMI W- MMM Page 540 of 561 ffi�� Page 541 of 561 c.4 "; finyvirAn A --1 k is i IIWY " Page 542 of 561 i� t! City Boundary WATER LOW DENSITY RESIDENTIAL (LDR M 4 D ME DIUM MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. DENSITY RESIDENTIAL ■ M ax. 9 ■ D ENSITY HIGH RESI ■. D SPECIAL HIGH DENSITY R ■ ,. #FFICE COMMERCIA LOC AL R ET A IL C ',t GENERAL COMMERCIAL (GC) 9 lNowtil RECREATIONAL (R) PUBLIC &PRIVATE GOVERNMENTAI/INSTITUTIONAL (PPGI) MIXED USE (MX) MIXED USE CORE (MXC) MIXED USE SUBURBAN (MXS) DEVELOPMENT OF REGIONAL IMPACT (DRI) Page 543 of 561 101 a"- VNIT5101 I � 1111 i� 1 iil i 1 1111 1 ii 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to expand the boundaries of the Boynton Village Community Development District ("District"). The District currently contains approximately 10 1. 18 acres of land located in the City of Boynton Beach, Florida (the "City"). The proposed expansion area contains approximately 4.995 acres • land, also located in the City. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), Florida Statutes ("F.S.") governing District establishment as follows: "That the process • establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function • the district, so that any matter concerning permitting or planning • the development is not material • relevant (emphasis added)." The purpose of the District is to provide, operate and maintain public infrastructure, services, and facilities to a master planned mixed-use community containing a total of approximately 116 residential dwelling units and 435,441 square feet of commercial building area within the boundaries of the District, including approximately 26 residential dwelling units to be constructed within the proposed expansion area. Section 120.541(2), F.S. (2014), defines the elements a statement • estimated regulatory costs must contain: Page 544 of 561 LC comply with the rule, together with a general description of the types o individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency (County), and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect • state and local revenues. (e) An analysis • the impact • small businesses as defined by Section 288.703, and an analysis • the impact ♦ small counties and small cities as defined by Section 120.52, F.S. Miami-Dade County is not defined as a small County for purposes of this requirement. fflff�� (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. ote: the references to "rule" in the statutory requirements for the Statement • Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Stalites." 2.0 An economic analysis of potential impacts on economic growth, business competitiveness or increased regulatory costs, in excess of $1 million within the next 5 years. It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. At buildout, the estimated total population of the District will be approximately 2790, with the proposed expansion area having an estimated population of 65. The types of Page 545 of 561 individuals likely to be affected • the ordinance will • the present and future residents of the District. 4.0 A good faith estimate of the cost to the agency, and to any of state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs I . C. City of Boynton Beach The annual costs to the City, because of the establishment and expansion of the District, are also very small. The District is an independent unit of local government. The only annual costs the City faces are the minimal costs • receiving and reviewing the various reports that the District is required to provide to the City, or any monitoring expenses the City may incur if it establishes a monitoring program for this District. However, the Page 546 of 561 Petitioner has included a payment of $1,500 to offset any expenses the City may incur in the processing of this Petition, or in the monitoring of this District. 5.0 A good faith estimate oft a transactional costs likely to be incurred by individuals and entities required to comply with the requirements oft a ordinance. Table 1 below provides an outline of the various facilities and services the District may provide to the proposed expansion area: I W -,To] 1 0 go 81 1 - - 11 - [4jewffigLM wou, r1rel; - - Prospective future landowners in the proposed expansion area may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments for debt Page 547 of 561 OWNERSHI BY CITY 1 0 go 81 1 - - 11 - [4jewffigLM wou, r1rel; - - Prospective future landowners in the proposed expansion area may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem special assessments for debt Page 547 of 561 and maintenance of the District and its owned facilities avd-&�es:-- Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ai valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. First, landowners in the District will receive a higher long-term sustained level • public services and amenities sooner than would otherwise be the case. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they -receive, provided they meet the County's overall requirements. Page 548 of 561 FACILITYAM I E COST Wat er ! • Wastewater C ollection 11 1 •i R oadway 1 , • , , _ ! • • • !' 1 October 1 16 L Total Esti mated C ost October, 2015 ;I I ' �o .0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties ands all cities as defined by Section 120.52, F.S. estimate The City has an population in 2010 10 theref • defined • Ir ll City" according to Section 120 there will accordingly be no impact on a small City because of the establishment of the Page 549 of 561 Comp / ! 11 1 C onstruction 1 If !' • • • !' 1 October 1 16 October, 2015 October, 2016 Roadway Improvements October, 2015 *ctober, 241 .0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties ands all cities as defined by Section 120.52, F.S. estimate The City has an population in 2010 10 theref • defined • Ir ll City" according to Section 120 there will accordingly be no impact on a small City because of the establishment of the Page 549 of 561 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the petitioner's engineer and other professionals associated with the Petitioner. 8.0 In the statement or revised statement, whichever applies, a description of any good faith it proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541(l)(a), Florida Statutes. Page 550 of 561 FL. STATUTE DUE DATE CITATION Annual Financial Audit 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year Annual Financial Report 218.32 within 45 days of financial audit completion, but no later than 12 months after end of fiscal year; if • audit required, by 4/30 TRIM Compliance Report 200.068 no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes) Page 551 of 561 13.D. LEGAL 9/3/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15 -107 - Approve and ratify the Memorandum of Understanding (MOU) between the Palm Beach County Police Benevolent Association Police Officers & Detectives, Police Sergeants, and Police Lieutenants, regarding a negotiated restatement of Article 19 - Holiday Pay for the respective Collective Bargaining Agreements with terms ending September 30, 2016. EXPLANATION OF REQUEST: The City and the PBA are Parties to Collective Bargaining Agreements for Police Officers & Detectives, Police Sergeants, and Police Lieutenants for terms ending September 30, 2016. On July 22, 2015, the PBA filed Grievances for each unit regarding Article 19 - Holidays. The City and the PBA have reached an agreement to resolve the pending Grievances by restating Article 19 - Holiday Pay according to the new language set forth in the Memorandum of Understanding. PBA conducted voting by their membership on Thursday, August 20, 2015 and Friday, August 21, 2015 and ratified the MOU. Confirmation of the ratification is attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Restating the Holiday Pay Article provides clear language and a simplified administrative process for handling holiday pay. Both Parties agree that this language provides fair and unambiguous terms, which leads to agreeable compensation for holiday pay and fosters positive labor relations. FISCAL IMPACT: Budgeted Holiday pay is budgeted in the Regular Salaries line items in each division of the Police Department and is budget neutral in the proposed FY 2015 -2016 budgets for the department. ALTERNATIVES: 1. Do not approve and ratify the Memorandum of Understanding and accept the terms of the Collective Bargaining Agreements, which will result in continuing to resolve the Grievances up through and including arbitration. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: 2014 -2015 Management Action 4.7 - Labor Contracts: Police. The ability of the City and the Union to collectively work toward mutual agreement of the wages, hours, and terms and conditions of employment contributes to the strategic plan goal of a High Performing City Organization by fostering positive labor relations. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 552 of 561 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving ratification of MOO with PBA on Holiday Pay MOO - PBA Holiday Pay PBA Notice of Ratification Reviewer Action Oldbury, Julie Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date W25/2015 - 7:05 AM W25/2015 - `` AM W26/2015 - 10:53 AM W27/2015 - 5:31 PM Page 553 of 561 I RESOLUTION R15 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND RATIFYING A MEMORANDUM 5 OF UNDERSTANDING AND GRIEVANCE SETTLEMENT 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, 7 FLORIDA AND PALM BEACH COUNTY POLICE 8 BENEVOLENT ASSOCIATION (LIEUTENANTS, SERGEANTS 9 AND OFFICERS AND DETECTIVES) REGARDING ARTICLE 19 10 — HOLIDAY PAY; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City of Boynton Beach and the Palm Beach County Police 14 Benevolent Association (Lieutenants, Sergeants and Officers and Detectives) have entered 15 into a Collective Bargaining Agreement for the term ending September 30, 2016; and 16 WHEREAS, on July 22, 2015 the PBA filed Grievances for each unit regarding 17 Article 19 — Holiday Pay; and 18 WHEREAS, the City and the PBA have reached an agreement to resolve the 19 pending Grievances be restating Article 19 — Holiday Pay according to the new language set 20 forth in the Memorandum of Understanding; and 21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 22 the best interests of the residents and citizens of the City to approve and ratify this 23 Memorandum of Understanding; 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 28 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 29 ratified and confirmed by the City Commission. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approve and ratify the Memorandum of Understanding and Grievance Settlement C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 967B068D- 7FFA- 4B82- B7B4- 5C454ACC89A8 \Boynton Beach.1815.1.MOU PBA_(Lts_Sgts_and Officers and Detectives Holiday Pay).doc Page 554 of 561 32 Agreement between the City of Boynton Beach and the Palm Beach County Police 33 Benevolent Association (Lieutenants, Sergeants and Officers and Detectives) regarding 34 Article 19 — Holiday Pay for the respective Collective Bargaining Agreements with terms 35 ending September 30, 2016, a copy of the Memorandum of Understanding is attached 36 hereto and made a part hereof. 37 W 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) C:AProgram Files ( x86 )Aneevia.com \docConverterProA temp\ NVDC\ 967B068D- 7FFA- 4B82- B7B4- 5C454ACC89A8 \Boynton Beach.1815.1.MOU PBA_(Lts_Sgts_and Officers and Detectives Holiday Pay).doc Page 555 of 561 i MENIORANDLIM OF UNDERSTANDING LWE C-RIEVANCE SE'l"'I'IE,NIEN'I'AGREEMf'N'I' The Meniorandum of'Understanding Agreement is entered into betwecii the City Boynton Beach I'lorida ("City "') and the J'alm Beilch Cwir Police Benevolent Association ( effective date is the date last signed by the pames. Whereas, the City and PBA ai partles to a Collective Haar gaining Agreement for the teen that ends MOA6, arid Whereas thePBA filed a GrievallCe dated July 22. 1 01 5 regardin- Article 1 9. Holkiays: and Whcreas, the City and PBA have reaclwd aji a through the grievance review proces. which. resokes the pending grievance and pro%Jdes clarification of holiday pay benefits by restatement ol'Arlicle 19 as hereinafter set fot NCAV'THERLITORETHE CITY AND UNION AGRE'E.' 1, The foregolmy `hereas clauses are true and correct. 2 �. Ar6cle 19. Holidays is delcted M its entity and replaced with Ille follow inn nu w janpwwc; ARTICTE 19 1101,1DAYPAY cticrr 1. Wo-ainiii- Unit Nlembcrs wHI receive I foliday Pay In dhe foflovvin manner: A, Phe secoad paycheck in 0cwher members will reccivc 90 hour stnugh� 6111C I lol Iday Pay at current rate o*'pay oil check dente. This Payinent is f 61 the f'Oflowing holidays: 1) I vcteraws* Day 0 Th] Imks- \illo Day gi 4:,- o Dav Af , tci-ThanksL,16111.1 0 Christmas Eve Christmms Day o Nev, Yvar's D",i\ B. The second paycheck in January. meniberswill receive hOLITI, M1TUL1h1 filile I I(Aiday Pay ,, fl eurrent rat( of pl oil Check (Inle, 'I his paymem is for [lie Jbljowilw hohdays: Page 556 of 561 0 )Jmlin Luther King, Jr, Day o FYesidents' Dq 0 Memorial Day C Independence Da1, o I Wor Da, Seetion 1 Bargaining Und Wnhos nmm be mWely employed on the paycheck date in orde.1 to receive 111C Hofi(hly Pay, in secTiot] 1. Section, 3. BaTainhy Und Nlember k� ho leave employmem must pay back any holidays in wh011 'll'hiS J)ay"IlCllt %% ill bc (I dUC1 �Cl they were paid but ere a n(v nnyo vd on dat e OfFIOHC13��. c C f the is final pq check eat We hmon raw at "Wh the KHM "as paid, Section 4, New I dres WH mccive I lohday P on a pm"mted basis on t h e firm pyvhmk of Ke moMh RA&wWg dMe of his rhc proration will be calCL1(,9ted as foHOWS: A, G bled between Atobs Is! and January Ist, (s)he wdl receive Holiday IQ for My the hohdals in Action I A that occurred while (s)he was activel� employed, B. If hired between Awary 2nd and September 30th, (s)he will reemc Holiday ['a% Rw only the lmh&ys in SeMon I B Ilia[ occurred whilc (s %�as cacti ely empkqed, Section 5. There is no addsional pay. prernim or otherwise. Or tinw "YAed on CApAwnrd or acival holidays'. Seel ion 6. 'I"h(me is no pay, premium or other-,vac, to Bay&nkg Unh Members Nvho do not "M oft Chy-obsereed or actual holida) s, Seuion 7. For the Labor Day holiday oi September 7, 0 Bargaining Unit Members will receive 15 l"mrs mraybi time I kW is y Pay in thmr paychecks di heel September 25, 2015, 3. Appalval of this klemorandl.ffll of' Understanding arfd Gricvmce Settlement Agreemelit resolves aH penIng or dwemened griev regarding holiday pay. Page 557 of 561 cAn OF BOYNTON BEACH, FLORIDA .......... ......... . C VFY M AN A G ER DATE,D� '2 PALNI Bfl2�(�] COUNIN POLICE BENEVOLENT ASSO( 1ATION B)" I RESI F DA .201 Approved as lc�- and contem James A. Cherof C ltv Attornev Page 558 of 561 PALM BEACH COUNTY Executive Board John Kazanjian PBSO President Ernest W. George Retired-WPBPD Evecutive Director Richard McAfee PBSO Vice-Presidew Lou Penque WPBPD Treasurer Kevin Igo PBSO Secrelan Greg Allen Palm Beach Gardens PD Sgi -cat -Arm s 100 N. Florida Mango Road - West Palm Beach, FL 33409-6400 - (561) 689-3745 • (561) 687-0154 Fax %v%v" August 24, 2015 Sent by Email transmission And Regular U.S. Mail Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Bouleva Boynton Beach, FL 33425 1 laverrierel@bbfl.us W, ke: Palm Beach County PBA and City of Boynton Beach RATIFICATION OF MOU (HOLIDAY PAY) and GRIEVANC! SETTLEMENT Dear Manager LaVerriere: As you know, this organization is the exclusive representative for sworn law enforcement personnel working in the Boynton Beach Police Department within three (3) bargaining units identified by Public Employees Relations Commission ("PERU) certification numbers appearing above. As you know, also, ratification votes were had from August 20 and 21" with regard to each of the 3 collective bargaining agreements to govern wages, hours and terms and conditions of employment for the subject officers; at the conclusion of each day of which ballots duly were counted and the day's results announced as required by PERC regulations. On the final day of ratification voting, immediately upon the conclusion of voting, the ballot boxes were unlocked, the day's ballots were counted and the result of ratification voting was announced. This will serve as additional written notice to the City of the ratification voting results: Police Officers and Detectives Ratified Police Sergeants Tentative Ratified Police Lieutenants Tentative Ratified R pectfully, Gary Li an Generals oun el GL/adt Ecopy: John Kazanjian, President James A. Cherof, Esq. Julie Oldbury, Director of Human Resources and Risk Management Cory Gray, PBA Representative Henry Diehl, PBA Representative Daniel Dugger, PBA Representative Toby Athol, PBA Representative Joseph Degiulio, Appt. PBA Representative Doug Gilbert, Appt. PBA Representative The Voice ref Pahn Beach County's Lnv Enftw Page 559 of 561 14.A. FUTURE AGENDA ITEMS 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: City Commission discussion of Independent CRA Board - September 15, 2015 - per direction from the FY 15/16 Strategic Plan sessions. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 3/23/2015 - 10:43 AM Page 560 of 561 14. B. FUTURE AGENDA ITEMS 9/3/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/3/2015 REQUESTED ACTION BY COMMISSION: Adoption of FY 15/16 Strategic Plan - October 6, 2015 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date Howard, Tim Approved 3/23/2015 - 2:23 PM Howard, Tim Approved 3/23/2015 - 2:23 PM Howard, Tim Approved 3/23/2015 - 2:24 PM Page 561 of 561