Agenda 12-01-15The City of
Boynton Beach
City Commission Agenda
Tuesday, December 1, 2015, 6:30 PM
Commission 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. boynton- beach. org
Page 1 of 270
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter,
proposal, or item of business, which is not listed upon the official agenda, unless a majority of the
Commission has first consented to the presentation for consideration and action.
• Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
• Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
• Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by
either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
• Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
• Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction
of the Commission - Time Limit - Three (3) Minutes
• Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote
of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton
Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of
every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due
to Holidays/Election Day).
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1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
I nvocation
Pledge of Allegiance to the Flag led by Mayor Taylor
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Informational items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcement by Recreation & Parks Director Wally Majors presenting Tom Kaiser as the 2015
Holiday Parade Grand Marshal. Mayor Taylor will present a plaque to Mr. Kaiser in recognition of
this honor.
B. Announcement of "Catch the Holiday Spirit" events.
C. Announcement by Recreation & Parks Director Wally Majors regarding the "Looney Dunes Fun
Day" event, which will be held at Oceanfront Park on Saturday, December 12th from 9 a.m. to
11:00 a.m.
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:
Building Board of Adjustments and Appeals: 1 Alt
Golf Course Advisory Committee: 1 Alt
Recreation and Parks Board: 1 Alt
Senior Advisory Board: 1 Reg and 2 Alts
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 R15-145 - Authorize the City Manager to sign a Consent Order
with the Florida Department of Health Palm Beach County for the purpose of prescribing certain
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municipal repairs to the landfill owned by the City of Boynton Beach.
B. PROPOSED RESOLUTION NO. R15- 146 - Assess the cost of nuisance abatement on the
property located at 0 SW 2nd Avenue within the City of Boynton Beach
C. PROPOSED RESOLUTION NO. R15-147 - Approve Budget Amendment for the Park & Rec
Facilities Fund for the FY 2015-16 budget, amending the appropriated budget from $189,020 to
$271,320, which will adjust budgeted appropriations and revenue sources and provide spending
authority for anticipated expenditures.
D. PROPOSED RESOLUTION NO. R15-148 - Amending Resolution R13-083 to designate Andrew
Mack, Development Director as the Economic Development Coordinator City -Wide and retaining
designation of Vivian Brooks, Executive Director of the CRA as the Economic Development
Coordinator for any property located within the CRA area for purposes of implementing the City's
Economic Development Program for business development, expansion, housing, and community
initiatives with the City of Boynton Beach and CRA areas.
E. Approve the purchase and installation of a Tuff Forms Alligator for the Congress Avenue Barrier -
Free Park from GameTime of Longwood, FL in the amount of $12,279.40 as a sole source
purchase from the Park Impact Fee Fund.
F. Approve the purchase of two (2) complete sets of Hydraulic Extrication Tools and accessories from
South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $62,794.80. SFEV
is the Sole Source vendor for Holmatro brand of equipment for the South Florida region, including
Palm Beach County.
G. Approve the minutes from the Regular City Commission meeting held on November 17, 2015.
H. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or
commodities as described in the written report for December 1, 2015 - "Request for Extensions
and/or Piggybacks".
I. Approve an Amendment to Task Order #U -1A-07 with Globaltech, Inc. for Electrical Engineering
Support Services in the sum of $50,000 giving a revised total of $59,500. These services are
provided under the General Consulting Services Agreement RFQ # 017-2821-14/DJL as approved
by Commission on August 1, 2104.
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R15-149 - Authorize the City Manager to sign two (2) Task
Orders with CH2M, Task Order R13-063-08 in the amount of $166,834,58 for the purpose of
evaluating groundwater conditions and Task Order R13-063-09 in the amount of $47,126.26 for the
design and oversight of landfill cover repair. These task orders are in accordance with the City's
"Hydrogeological Consulting Services Agreement" extension that was approved by the Commission
on August 8, 2015.
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.
10. CITY MANAGER'S REPORT - None
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS
A. Review and action on Annual Performance Evaluation for the City Manager.
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B. PROPOSED RESOLUTION NO. R15-150 - Approve and ratify the reopened and amended
Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between
the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City.
PROPOSED RESOLUTION NO. R15-151 - Approve and ratify the reopened and amended
Articles: Group Insurance, Pension, and Wages of the Collective Bargaining Agreement between
the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City.
C. PROPOSED RESOLUTION R15-152 - Authorize the Mayor to sign an Interlocal Agreement
between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA)
for the implementation and provide for CRA funding of the Neighborhood Officer Policing Program.
D. PROPOSED RESOLUTION R15-153 - Authorize the Mayor to sign an Interlocal Agreement
between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA)
for the Maintenance of the North Entry Signage Project.
13. LEGAL
A. PROPOSED ORDINANCE NO. 15-031 - SECOND READING - PUBLIC HEARING - Approve the
fourth extension of the suspension of the application and enforcement of the Workforce Housing
Program for a period of one year.
B. Review of Ordinance 15-002 for modifications or rescission.
C. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney-
client session of the City Commission to discuss pending litigation in the following case:
Christopher Yesnick , Plaintiff vs City of Boynton Beach, Defendant - Case No. 50 2012 CA
018742 XXXX MB AJ
14. FUTURE AGENDA ITEMS
A. Review and appoint accordingly applications received for the CRAAdvisory Board with the annual
board appointments - December 15, 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 TESTIMONYAND 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.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION:
Call to Order - Mayor Jerry Taylor
I nvocation
Pledge of Allegiance to the Flag led by Mayor Taylor
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
1.A.
OPENING ITEMS
12/1/2015
Reviewer Action Date
Pyle, Judith Approved 11/20/2015 - 10::1 AM
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
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
2.A.
OTHER
12/1/2015
Reviewer Action Date
Foyle, Judith Approved 11/20/2015 - 10::1 AM
Page 7 of 270
433
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors
presenting Tom Kaiser as the 2015 Holiday Parade Grand Marshal. Mayor Taylor will present a plaque to Mr.
Kaiser in recognition of this honor.
EXPLANATION OF REQUEST:
The Recreation & Parks Advisory Board selects the Grand Marshal for the City's Annual Holiday Parade. The
Board chose Mr. Kaiser last year, but due to unfortunate circumstances, he was not able to participate in the
Parade. Consequently, Mr. Kaiser will be the Grand Marshal this year.
Mr. Kaiser has been a member of the Veterans Advisory Commission since its inception in 2005 and is
currently serving as its Chair. His singular efforts have created Veterans Memorial Park at virtually no cost to
the City. Veterans Memorial Park honors the men and women of numerous armed conflicts and events, and
recognizes all braches of our armed forces. Mr. Kaiser organizes a variety of recognition events at the Park,
and has worked tirelessly with the French Consulate to recognize those veterans who helped liberate France.
Mr. Kaiser is himself a Veteran and member of American Legion Post 164.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect.
FISCAL IMPACT. Budgeted The plaque will cost approximately $50.
ALTERNATIVES: Do not make the announcement.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
Description
Page 8 of 270
D Proclamation
REVIEWERS:
Department
Recreation & Parks
Assistant City Manager
Finance
City Manager
Proc T Kaiser Parade GM
Reviewer
Action
Majors, Wally
Approved
Lejeune, Carise
Approved
Howard, Tim
Approved
LaVerriere, Lori
Approved
Date
1111612016 - 8:40 AM
1111612016 - 9:28 AM
11/19/2015 - 1:56 FPA
11/23/2015 - 10:42 AM
Page 9 of 270
WHEREAS, Tom Kaiser has been a member of the Veterans Advisory Commission since its
inception in 2005 and is currently serving as its Chair; and
WHEREAS, Mr. Kaiser's singular efforts have helped create Veterans Memorial Park in
Boynton Beach at virtually no cost to the City; and
WHEREAS, Veterans Memorial Park honors the men and women of numerous armed
conflicts and recognizes all branches of our armed forces; and
WHEREAS, Mr. Kaiser organizes a variety of commemorative events at the Park and has
worked tirelessly with the French Consulate to recognize those Veterans who helped liberate
France; and
WHEREAS, Mr. Kaiser is a Veteran and a member of the American Legion Post 164; and
NOW, THEREFORE, 1, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim
M. -
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 I" day of December,
Two Thousand and Fifteen.
Jerry Taylor, Mayor
City Clerk
(Corporate Seal)
Page 10 of 270
410
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Announcement of "Catch the Holiday Spirit" events.
EXPLANATION OF REQUEST:
Boynton Beach will "Catch the Holiday Spirit", beginning December 4th in the downtown area. The following
events are scheduled:
44th Annual Holiday Tree Lighting and Concert
Friday, December 4, 5:30 p.m. to 10:00 p.m.
129 E. Ocean Ave.
45th Annual Holiday Parade
Saturday, December 5, 3:00 p.m. to 5:00 p.m.
Federal Hwy. between Woolbright Rd. and Ocean Ave.
43rd Annual Boynton Beach Boat Parade
Friday, December 11, 5:30 p.m. to 8:00 p.m.
735 Casa Loma Blvd.
Music on the Rocks
Saturday, December 18, 5:00 p.m. to 9:00 p.m.
129 E. Ocean Ave.
All events are FREE to the public.
For more information, call 561.742.6010.
Information flyers are available in the back of the room.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
The City produces the Holiday Parade and the CRA produces the Tree Lighting & Concert, the Holiday Boat
Parade and Music on the Rocks. The City and CRA work closely together on all marketing efforts and site
operations.
FISCAL IMPACT. Budgeted
All events are budgeted within the City and CRA's FY15/16 annual budgets.
ALTERNATIVES:
N/A
STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach
STRATEGIC PLAN APPLICATION:
Page 11 of 270
During the month of December it is estimated that these holiday events will bring 6,500 visitors to the downtown
area and along the City's waterfront, contributing to our Community Vision - Principal 3 (Energetic Downtown)
and Principal 6 (Fun Opportunities).
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
REVIEWERS:
Department
City Manager
Finance
City Manager
Reviewer
Action
Howard, Tim
Approved
Howard, Tim
Approved
LaVerriere, Lori
Approved
Date
11/10/2015 - 5:10 PKA
11/20/2015 - 3:30 AM
11/23/2015 - 10:41 AM
Page 12 of 270
3.C.
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors
regarding the "Looney Dunes Fun Day" event, which will be held at Oceanfront Park on Saturday,
December 12th from 9 a. m. to 11:00 a. m.
EXPLANATION OF REQUEST:
As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department wishes to
extend an invitation to "Looney Dunes Fun Day". This series of events are intended to provide our community
opportunities for healthy, fun activities that will motivate people to keep moving and smiling. Planned activities
include games, relay races, musical towels, and lots of fun in the sun. Be sure to wear a hat and plenty of sun
screen.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect on City programs or services
FISCAL IMPACT. Budgeted Event expenses in the Department's budget.
ALTERNATIVES: Do not make the announcement.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type
Attachment
REVIEWERS:
Department
Reviewer
Description
Looney Dunes Fun Day
Action
Date
Page 13 of 270
City Clerk Pyle, Judith Approved 11/20/2015 - 8:34 ANA
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5.A.
ADMINISTRATIVE
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
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 exist:
Building Board of Adjustments and Appeals: 1 Alt
Golf Course Advisory Committee: 1 Alt
Recreation and Parks 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:
ATTACHMENTS:
Type
Other
Description
Appointments 12-1-15
Page 16 of 270
REVIEWERS:
Department
City Clerk
Reviewer Action Date
Foyle, Judith Approved 11/20/2015 - 10::1 AM
Page 17 of 270
Building Board of Adjustment & Appeals
I Merker Alt 1 yr term to 12115
Applicants
Golf Course Advisory Committee
IV Fitzpatrick Alt 5 yr term to 6116 Tabled (2)
Applicants
None
Recreation & Parks Board
11 McCray Alt 1 yr term to 12115 Tabled (3)
Applicants
None
Senior Advisory Board
III Fitzpatrick Alt 1 yr term to 12115 Tabled (3)
IV Casello Alt 1 yr term to 12115 Tabled (3)
Mayor Taylor Reg 2 yr term to 12115 Tabled (2)
Applicants
None
&\CC\WP\13OARDS\APPMENTS\Board Year 2615\APPOINTMENTS AND APPLICANTS FOR 12-1-15.docx
Page 18 of 270
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO R15-145 -Authorize the City
Manager to sign a Consent Order with the Florida Department of Health Palm Beach County for the purpose of
prescribing certain municipal repairs to the landfill owned by the City of Boynton Beach.
EXPLANATION OF REQUEST:
The City of Boynton Beach began operating a landfill, located in unincorporated Palm Beach County east of
the Boynton Beach Golf Course, sometime in the 1950's. The landfill was utilized for disposing City generated
municipal waste until the late 1970's and remained open for landscape waste until around 1985. Beginning in
1985, through appropriate permitting with the Health Department, the City took steps to obtain approved
closure of the landfill in 1992. That closure required an additional 20 years of monitoring the sub -surface
ground water conditions.
City staff, under two separate agenda items, is taking the necessary steps to complete the ground -water
monitoring reporting and repair to a portion of the landfill cover that has begun to fail. This Consent Order with
the Florida Department of Health Palm Beach County stipulates cover improvements required in order to
continue towards permanent closure of the landfill and release from all future public oversight of the landfill.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No existing services are affected. The
Consent Order pertains to public services conducted long ago.
FISCAL IMPACT. Budgeted
Each of these items are budgeted in the Solid Waste Operating Budget, line item 431-2515-534-49-17.
Landfill Monitoring = $165,000
Landfill Cap Repair = $160,000
ALTERNATIVES: Do not proceed with the Consent Order and risk assessment of fines.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Page 19 of 270
Grant Amount:
ATTACHMENTS:
Type
D Other
D Other
REVIEWERS:
Department
Reviewer
Public Works -Engineering
Livergood, Jeffrey
Finance
Howard, Tim
Legal
Swanson, Lynn
City Manager
LaVerriere, Lori
Description
Resolution approving Dept of Health Consent
Order for Landfill
Dept of Health Cvr Ltr
Final Consent Order
Action
Date
Approved
11/20/2015 - 8:42 AM
Approved
11/20/2015 - 8:58 AM
Approved
11/23/2015 - 10:51 AM
Approved
11/24/2015 - 8:54 AM
Page 20 of 270
I
RESOLUTION NO. R15-
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE CITY
4 MANAGER TO SIGN A CONSENT ORDER WITH THE FLORIDA
5 DEPARTMENT OF HEALTH PALM BEACH COUNTY FOR THE
6 PURPOSE OF PRESCRIBING CERTAIN MUNICIPAL REPAIRS
7 TO THE LANDFILL OWNED BY THE CITY AND PROVIDING
8 AN EFFECTIVE DATE.
9 WHEREAS, the City of Boynton Beach began operating a landfill during the 1950s;
10 and
11 WHEREAS, the landfill was used to dispose City generated municipal waste until the
12 late 1970s and remained open for landscape waste until approximately 1985; and
13 WHEREAS, beginning in 1985, through appropriate permitting with the Health
14 Department, the City took steps to obtain approved closure of the landfill in 1992 which
15 closure required an additional 20 years of monitoring the sub -surface ground water
16 conditions; and
17 WHEREAS, the Consent Order with the Florida Department of Health Palm Beach
18 County stipulates landfill cover improvements required in order to continue toward a
19 permanent closure of the landfill and release from all future public oversight of the landfill;
20 and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff and the CRA Board, deems it to be in the best interests of the
23 residents and citizens of the City of Boynton Beach to approve and authorize the City
24 Manager to sign a Consent Order with the Florida Department of Health Palm Beach County
25 for the purpose of prescribing certain municipal repairs to the landfill owned by the City.
C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\1CC4FA59-BF3A-4431-A1AC-81DF602CD34B\Boynton
Beach. 2229.1. Dept Of Health Consent Order-_Reso.Docx
Page 21 of 270
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and
29 incorporated herein by this reference.
30 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve and authorize the City Manager to sign a Consent Order with the Florida
32 Department of Health Palm Beach County for the purpose of prescribing certain municipal
33 repairs to the landfill owned by the City, a copy of said Consent Order is attached hereto as
34 Exhibit "A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this day of , 2015.
37 CITY OF BOYNTON BEACH, FLORIDA
38 YES NO
39
40
41
42
43
44
45
46
47
48
49
50
51
52 ATTEST:
53
54
55
56 Janet M. Prainito, MMC
57 City Clerk
58
59
60 (Corporate Seal)
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\1CC4FA59-BF3A-4431-A1AC-81DF602CD34B\Boynton
Beach. 2229.1. Dept Of Health Consent Order-_Reso.Docx
Page 22 of 270
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts.
November 23, 2015
HEALTH
Vision: To be the Healthiest State in the Nation
Electronic Mail — Delivery and Read Receipt Requested
LiverooJC_bbfl.us
Jeffrey Livergood, P.E.
Director of Public Works and Engineering c/o Bryan Register
Public Works and Engineering
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Rick Scott
Governor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
RE: Consent Order SW -15-08; Final Agency Action for Violations at the Boynton
Beach Landfill under Permit No. 124522 -004 -SF, Boynton Beach, Florida.
Dear Mr. Livergood:
The purpose of this letter is to complete the resolution of the violations that were identified
by the Florida Department of Health Palm Beach County (Health Department) during the
inspections conducted on September 12, 2014 and September 03, 2015.
Signing the enclosed consent order constitutes your acceptance of the Health
Department's offer to resolve this matter under these terms. If you elect to sign the consent
order, please return it to the Air and Waste Program, Florida Department of Health Palm
Beach County, Fourth Floor, 800 Clematis Street, P.O. Box 29, West Palm Beach, Florida
33402-0029, no later than December 31, 2015. The Health Department will then
countersign the consent order and file it with the clerk of the Health Department. When the
signed consent order is filed with the Clerk, the consent order shall constitute final agency
action of the Health Department which shall be enforceable pursuant to Sections 120.69
and 403.121, Florida Statutes.
If you do not sign this letter and return it to the Health Department at the address provided
above by December 31, 2015, the Health Department will assume that you are not
interested in settling this matter on the above described terms, and will proceed
accordingly. Your rights or substantial interests are not affected by this letter unless you
sign it and it is filed with the Health Department's Clerk.
Florida Department of Health www.FloridasHealth.com
Palm Beach County, Division of Environmental Public Health TWITTER: HealthyFLA
PO Box 29, 800 Clematis Street, West Palm Beach, Florida 33402 FACEBOW FLDepartmentofHealth
PHONE 561-837-5900 FAX 561-837-5294 YOUTUBE: fldoh
Page 23 of 270
Page 2 of 2
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Page 24 0 270
BEFORE THE STATE OF FLORIDA
FLORIDA DEPARTMENT OF HEALTH PALM BEACH COUNTY
FLORIDA DEPARTMENT OF HEALTH
PALM BEACH COUNTY
V,
CITY OF BOYNTON BEACH
IN THE OFFICE OF THE FLORIDA
DEPARTMENT OF HEALTH PALM
BEACH COUNTY
CASE/FILE NO. SW -15-08
This Consent Order ("Order") is entered into between the Florida Department of Health
Palm Beach County ("Health Department") and City of Boynton Beach ("Respondent") to
reach settlement of certain matters at issue between the Health Department and Respondent.
The Health Department finds and Respondent admits the following:
1. Pursuant to Chapter 62-701, F.A.0 and 403 F.S., the Florida Department of
Environmental Protection (DEP) has compliance and enforcement jurisdiction under the
provisions of Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, and 62-701 of the
Florida Administrative Code (F.A.C.). However, in accordance with Section 403.182, F.S., DEP
recognizes the Health Department as the approved local solid waste program in Palm Beach
County. As such, DEP and the Health Department have entered into a Specific Operating
Agreement that authorizes the Health Department to enforce Solid Waste regulations for this
type of solid waste management facilities located in Palm Beach County.
2. Respondent is a "person" within the meaning of Sections 403.031(5) and
403,703(22), F.S.
3. On February 28, 1992, Respondent completed the closure of the facility in
accordance with the approval of the Florida Department of Environmental Protection, which
required a final landfill cover consisting of six inches of liner bedding material, a 20 mm
Synthetic membrane liner, 12 inches of sand and six inches of top soil, seed, and mulch.
Page 25 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 2 of 8
4. Respondent operates the Boynton Beach Landfill under Permit No. 124522 -004 -
SF.
5. Specific Condition 1 of Permit No. 124522 -004 -SF states "Unless otherwise
notified by the Department, the permittee shall comply with all applicable requirements of
Chapter 62-701, F.A.C."
6. Rule 62-701.600(3)(02, Florida Administrative Code (FAC) states "Final cover
shall be placed over the entire surface of each completed solid waste disposal unit or units
within 180 days after the final waste deposit, or within the time frame set forth in the
approved closure plan. The final cover shall be vegetated to control erosion and provide a
moisture infiltration seal, with species that are drought resistant and have roots that will not
penetrate the final cover."
7. Pursuant to Specific Condition 9 of Permit No. 124522 -004 -SF, Respondent is
responsible for continuing the yearly maintenance program implemented for the post closure
monitoring period. The yearly maintenance program is intended, in part, to maintain the
integrity of the approved landfill final cover.
8. The Health Department finds the facility in violation of Rule 62-701.600(3)(02,
F.A.C. and Specific Condition 9 of Permit No. 124522 -004 -SF as follows:
Erosion the final landfill cover and/or lack of vegetation was observed at three
distinct areas on the northeast section of the landfill. The largest area, first identified during
September 12, 2014 inspection, has expanded in size and continues to show exposed liner. Two
smaller areas, approximately 20 feet in diameter each, were identified during an inspection on
September 3, 2015 west of the larger area. Small pieces of exposed liner were observed in one
of the smaller areas.
Having reached a resolution of the matter Respondent and the Health Department
mutually agree and it is
ORDERED:
9. Respondent shall comply with the following corrective actions within the stated
time periods:
Page 26 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 3 of 8
a) By April 1, 2016, submit complete bid documents to the Health
Department showing construction specifications consistent with the approved permit and
facility closure plan.
b) By April 29, 2016, advertise bid request and distribute bid specifications.
c) Within 45 calendar days from the completion of b) above, open bids.
d) Within 30 calendar days from the completion of c) above, award bid to
qualified contractor/ consultant.
e) Within 120 calendar days from the completion of d) above, complete the
required repairs.
f) Within 30 calendar days from the completion of e) above, submit letter of
completion to the Health Department, signed and sealed by a professional engineer, certifying
that final repairs were completed consistent with the approved permit and facility closure
plan.
10. Within 15 calendar days from the due date of each milestone above, Respondent
shall submit to the Health Department a written report, via electronic transmittal, containing
information concerning: the status and progress of each ordered milestone covered under
Condition 9 of this Order, compliance or noncompliance with the applicable requirements of
this order, and any reason for noncompliance.
11. Respondent agrees to pay the Health Department stipulated penalties in the
amount of $100 per day for each and every day Respondent fails to timely comply with any of
the requirements of paragraphs 9 and 10 of this Order. The Health Department may demand
stipulated penalties at any time after violations occur. Respondent shall pay stipulated
penalties owed within 30 days of the Health Department's issuance of written demand for
payment, and shall do so as further described in paragraphs 12 and 13, below. Nothing in this
paragraph shall prevent the Health Department from filing suit to specifically enforce any
terms of this Order.
Page 27 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 4 of 8
12. Respondent shall make all payments required by this Order by cashier's check,
money order or on-line payment. Cashier's check or money order shall be made payable to
the "Florida Department of Health Palm Beach County" and shall include FILE NO. SW -15-08
assigned to this Order.
13. Except as otherwise provided, all submittals and payments required by this
Order shall be sent to Laxmana Tallam, P.E., Environmental Administrator, Air and Waste
Section, Florida Department of Health Palm Beach County, 800 Clematis Street, 4th Floor,
33401.
14. Respondent shall allow all authorized representatives of the Health Department
access to the Facility and the Property at reasonable times for the purpose of determining
compliance with the terms of this Order and the rules and statutes administered by and/or
delegated to the Health Department.
15. In the event of a sale or conveyance of the Facility or of the Property upon which
the Facility is located, if all of the requirements of this Order have not been fully satisfied,
Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property,
(a) notify the Health Department of such sale or conveyance, (b) provide the name and address
of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this
Order with all attachments to the purchaser, operator, or person(s) in control of the Facility.
The sale or conveyance of the Facility or the Property does not relieve Respondent of the
obligations imposed in this Order.
16. If any event, including administrative or judicial challenges by third parties
unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in
complying with the requirements of this Order, Respondent shall have the burden of proving
the delay was or will be caused by circumstances beyond the reasonable control of Respondent
and could not have been or cannot be overcome by Respondent's due diligence. Neither
economic circumstances nor the failure of a contractor, subcontractor, materialman, or other
agent (collectively referred to as "contractor") to whom responsibility for performance is
delegated to meet contractually imposed deadlines shall be considered circumstances beyond
Page 28 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 5 of 8
the control of Respondent (unless the cause of the contractor's late performance was also
beyond the contractor's control). Upon occurrence of an event causing delay, or upon
becoming aware of a potential for delay, Respondent shall notify the Health Department by
the next working day and shall, within seven calendar days notify the Health Department in
writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be
taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to
implement these measures. If the parties can agree that the delay or anticipated delay has
been or will be caused by circumstances beyond the reasonable control of Respondent, the
time for performance hereunder shall be extended. The agreement to extend compliance must
identify the provision or provisions extended, the new compliance date or dates, and the
additional measures Respondent must take to avoid or minimize the delay, if any. Failure of
Respondent to comply with the notice requirements of this paragraph in a timely manner
constitutes a waiver of Respondent's right to request an extension of time for compliance for
those circumstances.
17. The Health Department, for and in consideration of the complete and timely
performance by Respondent of all the obligations agreed to in this Order, hereby conditionally
waives its right to seek judicial imposition of damages or civil penalties for alleged violations
up to the date of the filing of this Order. This waiver is conditioned upon Respondent's
complete compliance with all of the terms of this Order.
18. This Order is a settlement of the Health Department`s civil and administrative
authority arising under Florida law to resolve the matters addressed herein. This Order is not
a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement
of any violation which may be prosecuted criminally or civilly under federal law. Entry of this
Order does not relieve Respondent of the need to comply with applicable federal, state, or
local laws, rules, or ordinances.
19. The Health Department hereby expressly reserves the right to initiate
appropriate legal action to address any violations of statutes or rules administered by the
Health Department that are not specifically resolved by this Order.
Page 29 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 6 of 8
20. Respondent is fully aware that a violation of the terms of this Order may subject
Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per
violation, and criminal penalties.
21. Respondent acknowledges and waives its right to an administrative hearing
pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also
acknowledges and waives its right to appeal the terms of this Order pursuant to section 120,68,
F.S.
22. No modifications of the terms of this Order will be effective until reduced to
writing, executed by both Respondent and the Health Department, and filed with the clerk of
the Health Department.
23. The terms and conditions set forth in this Order may be enforced in a court of
competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the
terms of this Order constitutes a violation of section 403.161(1)(b), F.S.
24. This Consent Order is a final order of the Health Department pursuant to section
120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Health
Department unless a Petition for Administrative Hearing is filed in accordance with Chapter
120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until
further order of the Health Department,
Persons who are not parties to this Order, but whose substantial interests are affected
by it, have a right to petition for an administrative hearing under Sections 120.569 and 120.57,
Florida Statutes. Because the administrative hearing process is designed to formulate final
agency action, the filing of a petition concerning this Order means that the Health
Department's final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) 'The Case Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address,
and telephone number of the petitioner's representative, if any, which shall be the
address for service purposes during the course of the proceeding;
Page 30 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 7 of 8
c) An explanation of how the petitioner's substantial interests will be affected by the
Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that
the petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or
modification of the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or
modification of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Health Department to take with respect to the Order.
The petition must be filed (received) at the authority's Legal Office, Attention: Chief
Legal Officer, located at 800 Clematis Street in West Palm Beach, Florida, 33401 within 21 days
of receipt of this notice. Failure to file a petition within the 21 -day period constitutes a
person's waiver of the right to request an administrative hearing and to participate as a party
to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under
Section 120,573, Florida Statutes, is not available in this proceeding.
FOR THE RESPONDENT:
Lori LaVerriere 38T
citti, N-lailager
DONE AND ENTERED this _ day of 2015
Page 31 of 270
Health Department vs. City of Boynton Beach
Consent Order, FILE NO. SW -15-08
Page 8 of 8
STATE OF FLORIDA DEPARTMENT
OF HEALTH PALM BEACH COUNTY
Timothy G. Mayer, R.S., MPH, Director
Division of Environmental Public Health
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to § 120.52,
Florida Statutes, with the designated
Department Clerk, receipt of which is
hereby acknowledged.
sm
Date
Page 32 of 270
M
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-146- Assess the cost of
nuisance abatement on the property located at 0 SW 2nd Avenue within the City of Boynton Beach
EXPLANATION OF REQUEST:
In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list
contains the addresses of properties cited by Code Compliance for nuisances abated by a City -contracted
vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day
period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the
procedure. The property owners were again issued a copy of the invoice and a letter which offered an
opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the
property owners who have still not responded to our correspondence.
At this point in the procedure, authorization is requested to record a lien against this property in the public
records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to
the County for recording, the City Clerk will send another letter to the property owner notifying them they have
another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee
of $30 will be added to the assessment when the Resolution is sent to the County for recording.
Thirty days after the Resolution is recorded, the property owner will receive, by certified mail, a copy of the
Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT. Non -budgeted This process allows us to place a lien on the property in order to reimburse
the City for the services that were provided when the nuisances were abated.
ALTERNATIVES:
The alternative would be to not place a lien on the property and not collect for the service provided.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Page 33 of 270
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type
D Resolution
D Exhibit
REVIEWERS:
Department
Reviewer
City Clerk
Prainito, Janet
Finance
Howard, Tim
City Clerk
Prainito, Janet
Finance
Howard, Tim
Legal
Swanson, Lynn
City Manager
LaVerriere, Lori
Description
Resolution approving Nuisance Abatement
ExhibitA
Action
Date
Approved
111191201 - 10:29 AM
Rejected
11/19/2015 - 2:21 PPA
Approved
11/19/2015 - 2:38 PPA
Approved
11/19/2015 - 3:28 PPA
Approved
11/24/2015 - 2:39 PPA
Approved
11/24/2015 - 2:39 PPA
Page 34 of 270
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RESOLUTION NO. R15 -
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES
AGAINST THE OWNERS OF THE PROPERTIES
INVOLVED; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a contract vendor was requested by Code Compliance to mow the lots,
remove vegetation and board up structures on the properties, described in Exhibit "A"; and
WHEREAS, the owners of the parcel(s) of property hereinafter described were
invoiced by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS, said nuisance was not abated as required; and,
WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien
on their property; and
WHEREAS, the City Manager or her authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s)
involved, which is described in Exhibit "A" attached to this Resolution; and
WHEREAS, upon passage of this Resolution, the property owners will be furnished
with a copy of this Resolution, and given one more opportunity to remit all costs associated
with the abatement in full within 30 days of the passage of the Resolution, before transmittal
to the County for recordation of Liens; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
Section 1: Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the
above-described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED EXHIBIT "A"
C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\79B10377-49AE-402D-902F-OIAA4FOD5478\Boynton
Beach.2228.1.Reso - Nuisance Abatement for 12115.doc
Page 35 of 270
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Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien.
Liens shall be of equal dignity with the taxes there from for the year 2015, and
shall be enforced and collected in like manner pursuant to applicable
provisions of law. In the event collection proceedings are necessary, the
property owner shall pay all costs of the proceedings, including reasonable
attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of December, 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)
YES NO
C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\79B10377-49AE-402D-902F-OIAA4FOD5478\Boynton
Beach.2228.1.Reso - Nuisance Abatement for 12115.doc
Page 36 of 270
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CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-147 -Approve Budget
Amendment for the Park & Rec Facilities Fund for the FY 2015-16 budget, amending the appropriated budget
from $189,020 to $271,320, which will adjust budgeted appropriations and revenue sources and provide
spending authority for anticipated expenditures.
EXPLANATION OF REQUEST:
The Adopted FY 15/16 Budget includes an approved budget for Fund 141 -Parks and Rec Fac Fund.
The City recently received a donation from Hunters Run ($3,000) and a financial contribution from the Greater
Boynton Beach Foundation ($5,000) that will be used towards the purchase and installation a new play element
at Barrier Free Park.
The City will contribute the additional funding necessary for the purchase and installation ($4,279.40). The
Recreation & Parks Department also determined a need to make some modifications to one of its recreation
facilities, and to purchase a new scoreboard for the football field at Hester Park. As such, the FY 15/16
Approved Budget for the Park & Rec Fac Fund requires a budget amendment to provided appropriations for
the following:
Barrier Free Park Play Element - $4,280
Recreation Center Modification - $20,000
Hester Football Field Scoreboard - $50,000
The Parks & Recreation Facilities Trust Fund (Fund 141) will be used to fund these items. This type of budget
amendment is part of the annual budget process. The budget amendment is part of the annual budget
process. The Budget amendment will increase the appropriations for the Park & Recreation Fac. Trust Fund
from $189,020 to $271,320 for the FY 15/16, which requires Commission approval.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and
appropriate budgeting practices.
FISCAL IMPACT. Non -budgeted The Parks & Recreation Facilities Trust Fund (141) appropriated budget will
increase from $189,020 to $271,320 for FY 15/16.
ALTERNATIVES: Do not approve budget amendment.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
Page 38 of 270
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
D Resolution
D Exhibit
REVIEWERS:
Department
Reviewer
Recreation & Parks
Majors, Wally
Assistant City Manager
Lejeune, Carisse
Finance
Howard, Tim
Legal
Swanson, Lynn
City Manager
LaVerriere, Lori
Description
Reso - Budget Amend
ExhibitA
Action
Approved
Approved
Approved
Approved
Approved
Date
11/20/2015 - 9:28 AM
11/20/2015 - 11:05 AM
11/20/2015 - 1:39 PPA
11/23/2015 - 10:53 AM
11/24/2015 - 8:56 AM
Page 39 of 270
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RESOLUTION R15 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE ADOPTED BUDGET FOR
THE PARK & REC FAC TRUST FUND FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND
ENDING SEPTEMBER 30, 2016; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND AN EFFECTIVE
DATE.
WHEREAS, a final budget was approved by the City Commission on September 15,
2015, for the fiscal year 2015-2016; and
WHEREAS, the City Manager is recommending amend the amount necessary to be
appropriated for fiscal year 2015-2016 for the Park & Rec Fac Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the Boynton Beach, Florida, hereby
amending the appropriated FY 2015-2016 budget for the Park & Rec Fac Trust fund from
$189,020 to $271,320. A copy of such amendment is attached hereto as Exhibit "A" and
the appropriations set out therein for the fiscal year beginning October 1, 2015 and ending
September 30, 2016, to maintain and carry on the government of the City of Boynton
Beach.
Section 3. That there is hereby appropriated revised amounts to the Parks & Rec
Fac Trust Fund (see Exhibit A) pursuant to the terms of the budget.
Section 4. If any clause, section or other part of this Resolution shall be held by
Page 40 of 270
29 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
30 or invalid part shall be considered as eliminated and shall in no way affect the validity of the
31 remaining portions of this Resolution.
32 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby
33 repealed to the extent of such conflict.
34 Section 6. This Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this day of December, 2015.
36 CITY OF BOYNTON BEACH, FLORIDA
37
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52 ATTEST:
53
54
55
56 Janet M. Prainito, MMC
57 City Clerk
58
59
60
61 (Corporate Seal)
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
YES NO
Page 41 of 270
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
BUDGET YEAR 2015-16
PARKS & REC FAC TRUST FUND
141-0000-369-30.00 OTHER MISC. REVENUE/ DONATIONS
141-0000-369-15.00 OTHER MISC. REVENUE/PARKS FEES
Adopted Fund Total Revenues
141-2730-572-64.04 PLAYGROUND EQUIPMENT
141-2730-572-63.12 IMPVTS OTHER THAN BLDG/ RECREATION IMPVS
141-2710-572.62-01 BUILDING IMPROVEMNTS
Adopted Fund Total Expenses
Exhibit A
2015/16 2015/16
CURRENT Amendment AMENDED
BUDGET Revenue Expenditures BUDGET
0 8,000 8,000
0 74,300 74,300
189,020 82,300 271,320
0 12,300 12,300
0 50,000 50,000
0 20,000 20,000
189,020
82,300 271,320
Page 42 of 270
I
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-148 -Amending Resolution
R13-083 to designate Andrew Mack, Development Director as the Economic Development Coordinator City -
Wide and retaining designation of Vivian Brooks, Executive Director of the CRA as the Economic Development
Coordinator for any property located within the CRA area for purposes of implementing the City's Economic
Development Program for business development, expansion, housing, and community initiatives with the City
of Boynton Beach and CRA areas.
EXPLANATION OF REQUEST:
On August 20, 2013, the City Commission, via Resolution R13-083 designated Scot Kline, Economic
Development Manager as the City-wide Economic Development Coordinator and Vivian Brooks, Executive
Director of the CRA as the Economic Development Coordinator for any activities in the CRA area.
Since that time, Scott Kline has left the City employ and Andrew Mack has been appointed Development
Director, with responsibilities of negotiating incentive and grant programs requiring financial and proprietary
business information.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The designation allows staff to work more
effectively with the Business Development Board in assisting businesses wishing to locate or expand within the
City. It will encourage greater business participation in grant opportunities available through the City, CRA and
State. The designation will also allow, pursuant to Florida Statutes s.288.075, private corporations,
partnerships, or persons to submit plans, intentions, or interest regarding location, relocation or expansion to
request confidentiality of records submitted to the designated individuals.
FISCAL IMPACT. None
ALTERNATIVES: Designate other individual(s) as the Economic Development Coordinator(s).
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Page 43 of 270
Grant Amount:
ATTACHMENTS:
Type
REVIEWERS:
Department
Finance
Finance
Legal
City Manager
Description
Resolution revising the designation of Economic
Development Coordinator
Reviewer
Action
Howard, Tim
Approved
Howard, Tim
Approved
Swanson, Lynn
Approved
LaVerriere, Lori
Approved
Date
11/20/2015 - 11:37 AM
11/20/2015 - 11:38 AM
11/23/2015 - 10:56 AM
11/24/2015 - 8:58 AM
Page 44 of 270
I RESOLUTION R15-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING RESOLUTION R13-083 TO
5 DESIGNATE ANDREW MACK, DEVELOPMENT
6 DIRECTOR AS THE ECONOMIC DEVELOPMENT
7 COORDINATOR CITY-WIDE AND RETAINING
8 DESIGNATION OF VIVIAN BROOKS, EXECUTIVE
9 DIRECTOR OF THE CRA AS THE ECONOMIC
10 DEVELOPMENT COORDINATOR FOR ANY PROPERTY
11 LOCATED WITHIN THE CRA AREA FOR THE PURPOSES
12 OF IMPLEMENTING THE CITY'S ECONOMIC
13 DEVELOPMENT PROGRAM FOR BUSINESS
14 DEVELOPMENT OR EXPANSION, HOUSING, AND
15 COMMUNITY INITIATIVES WITHIN THE CITY OF
16 BOYNTON BEACH AND CRA AREAS; PROVIDING
17 FOR AN EFFECTIVE DATE.
18
19 WHEREAS, Florida Statute 288.075 permits a municipality that does not have a
20 public economic development agency to assign an officer or employee the duty to promote
21 the general business interest or industrial interest of the City; and
22 WHEREAS, on August 20, 2013, the City Commission of the City of Boynton Beach
23 via Resolution R13-083 designated Scott Kline, then Economic Development Manager as
24 the Economic Development Coordinator City-wide and Vivian Brooks, Executive Director
25 of the CRA as the Economic Development Coordinator for any property located within the
26 CRA are for the purposes of implementing the City's Economic Development Program for
27 business development or expansion, housing and community initiatives within the City of
28 Boynton Beach CRA areas; and
29 WHEREAS, since the designations contained in Resolution R13-083, the City has
30 appointed Andrew Mack, Development Director, designated as the primary staff liaison to
31 the Palm Beach County Business Development Board, with associated responsibilities for
32 negotiating incentive and grant programs requiring financial and proprietary business
C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\B510B937-AA51-409F-AF47-767598143E4F\Boynton
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Page 45 of 270
33 information; and
34 WHEREAS, the City Commissions intent to designate the individuals named herein
35 is to maximize the confidentiality of records submitted by private corporations, partnerships
36 or persons related to location, relocation or expansion of business activities within the City
37 and the CRA; and
38 WHEREAS, staff is recommending the designation of Andrew Mack, Development
39 Director as the City-wide Economic Development Coordinator and the designation of
40 Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator
41 for the CRA area for the purposes of implementing the City's Economic Development Program for
42 business development or expansion, housing, and community initiatives within the City of
43 Boynton Beach and CRA areas.
44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
45 THE CITY OF BOYNTON BEACH, FLORIDA:
46 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
47 being true and correct and are hereby made a specific part of this Resolution upon adoption
48 hereof.
49 Section 2. The City Commission of the Boynton Beach, Florida, hereby
50 designates Andrew Mack, Development Director as the Economic Development Coordinator City -
51 wide and retains designation of Vivian Brooks, Executive Director of the CRA as the Economic
52 Development Coordinator for any property located within the CRA area for the purposes of
53 implementing the City's Economic Development Program for business development or expansion,
54 housing and community initiatives within the City of Boynton Beach and CRA area.
55 Section 3. This Resolution shall become effective immediately upon
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Page 46 of 270
56 passage.
57 PASSED AND ADOPTED this day of , 2015.
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i'M
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
C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\B510B937-AA51-409F-AF47-767598143E4F\Boynton
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-3-
Page 47 of 270
6.E.
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Approve the purchase and installation of a Tuff Forms Alligator for
the Congress Avenue Barrier -Free Park from GameTime of Longwood, FL in the amount of $12,279.40 as a
sole source purchase from the Park Impact Fee Fund.
EXPLANATION OF REQUEST:
Staff is requesting to purchase Tuff Forms Alligator for the Congress Avenue Barrier -Free Park.
GameTime is offering special pricing thru early December 2015 reducing the purchase price of the Alligator
from $11,626 to $6,394. Based on the reduced pricing, the total cost including site work, installation and
ground cover will be $12,279.40.
Hunters Run has been a long-time supporter of Barrier -Free Park. Each year they make a donation to support
the development of the park and provide new play opportunities for families.
This year they donated $3,000 towards a Tuff Forms Alligator for the park.
The Greater Boynton Beach Foundation, who is helping to raise funds to support the park, is also donating
$5,000 to help pay for the Tuff Forms Alligator.
The remaining $4,279.40 will be paid from the Park Impact Fee Fund.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
The addition of the alligator will offer another opportunity for children of all abilities to play together. The
selection of the piece represents the old Florida swamp theme and will bring additional recognition to the park
and the amenities it offers to families who have children with disabilities. At nearly 2' tall and 8 1/2' long, the
alligator is almost the same size as a real American Alligator. Constructed from a durable glass fiber reinforced
polymer (GFRP), Tuff Forms products withstand wear and weather and feature a special rubberized coating
that makes them easy to climb and easy to clean.
FISCAL IMPACT. Budgeted
The Gametime company is offering sale prices that reduce the cost for the Tuff Forms Alligator from $11,626
to $6,394. The total cost, which includes site work, installation and ground cover is $12,279.40.
Hunters Run is donating $3,000 and the Greater Boynton Beach Foundation is contributing $5,000.
The Recreation and Parks Department recommends paying for the balance $4,279.40 using the Park Impact
Fee, account 141-2730-572-64-04.
ALTERNATIVES:
Seek additional funding from another source to make up the amount needed to purchase and install the Tuff
Forms Alligator. This would delay the purchase and the sale price may no longer be in effect.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
Page 48 of 270
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
D Quotes
D Sole Source Letter
D Attachment
REVIEWERS:
Department
Reviewer
Recreation & Parks
Majors, Wally
Assistant City Manager
Lejeune, Carisse
Finance
Howard, Tim
Legal
Swanson, Lynn
City Manager
LaVerriere, Lori
Description
Play piece quote
GameTime Sole Source Letter
Gator Image
Action
Date
Approved
11/13/2015 - 3:56 PPA
Approved
11/13/2015 - 4:47 PPA
Approved
11/20/2015 - 10:46 AM
Approved
11/23/2015 - 10:52 AM
Approved
11/24/2015 - 8:55 AM
Page 49 of 270
GameTime
c/o Dominica Recreation Products, Inc.
meTtmeU�' C L�D P.O. Box 520700 QUOTE UOTE
Longwood, FL 32752-0700
i <<CORE ft,oa,Y 800-432-0162 x 407-331-0101
Fax: 407-331-4720 11/06/2015
www,playdrp,corn
City of Boynton Beach — Gator with EWF
City of Boynton Beach Ship To Zip: 33425
Attn: Wally Majors
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Phone: 561-742-6224
maj orsw@bbfl.us
1
7104
Game Time - Gator -
$6,394.00
$6,394.00
Special pricing valid thru December 1st, 2015
465
digout
5 -Star Plus - Digout/Sitework of area (per sq.
$1.25
$581.25
ft.) -
Spoils to be left on site
465
Spoils
GT-Impax - Removal/Disposal from Site the
$0.75
$348.75
Spoils from Digout
20
EWF-8
GT-Impax - Engineered Wood Fiber - 8"
$35.70
$714.00
Compacted Depth -
ADA Compliant - IPEMA Certified - ASTM
F1292 & 1`1951 Compliant
1
INSTALL
5 -Star Plus - Five Star Plus Playground
$2,895.00
$2,895.00
Installation Services -
Performed by a Certified Installer, includes
meeting and unloading delivery truck, signed
completion forms, site walkthrough, 90 day
site revisit by installation foreman, and 3 -Year
Labor Warranty!
Installation in existingpark. SubTotal: $10,933.00
Discount: ($128.60)
Customer to relocate any trees as needed. Freight: $1,475.00
Total Amount: $12,279.40
Access to the area for Bobcat required. Installer not responsible for
replacing sod.
Contract: USC
This quote was prepared by Gina Wilson, Senior Project Manager.
For questions or to order please call - 800-432-0162 ext. 101 ginaw(cbgametime.com
Permits are not included in cost, unless specifically listed in pricing. If permits are required Signed/Sealed drawings are usually needed and
are also not included unless specifically listed in pricing. Any costs for muncipal permits, paid by installer, will be charged back to the owner.
Adding permits to any job will increase the length of completion, expect total time to be 90-120 days, after receipt of order (this is not due to
manufacturing but rather the permit process at the muncipality level). It is expected that the owner will provide approved site plans of the area
for the permit office, and will help and assist in the securing of all required approvals before assembly of equipment can begin. Installer cannot
provide site plans. The permit process does not begin until the site plans are available.
Page 1 of 2 ager 50-�of 2701
City of Boynton Beach — Gator with EWF
QUOTE
#73288
11/06/2015
Payment Terms: Governmental Purchase Order.
Purchases in excess of 51,000.00 to be supported by your written purchase order made out to GameTime.
Net 30 days subject to approval by GameTime Credit Manager. A completed Credit Application and Bank Reference Authorization, must be
received with the order. The decision on credit is the sole discretion of GameTime/P1ayCore. A 1.5% per month finance charge will be imposed
on all past due accounts.
Multiple Invoices: Invoices will be generated upon services rendered. When equipment ships it will be invoiced seperately from installation
and/or other services. Terms are Net 30 for each individual invoice.
This Quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment.
Pricing: Firm for 60 days from date of quotation.
Shipment: F.O.B. factory, order shall ship within 45 days after GameTime's receipt and acceptance of your purchase order, color selections,
approved submittals, and receipt of payment.
Taxes: State and local taxes will be added at time of invoicing, if not already included, unless a tax exempt certificate is provided at the time of
order entry.
Exclusions: Unless specifically discussed, this quotation excludes all sitework and landscaping; removal of existing equipment; acceptance of
equipment and off-loading; storage of goods prior to installation; security of equipment (on site and at night); equipment assembly and
installation; safety surfacing; borders; drainage; signed/sealed drawings; or permits.
Installation Terms: Shall be by a Certified Installer. The installer is an indepedent installer and not part of P1ayCore, GameTime, nor Dominica
Recreation Products. If playground equipment, installer will be NPSI and Factory Trained and Certified. Customer shall be responsible for
scheduling and coordination with the installer. Site should be level and allow for unrestricted access of trucks and machinery. Customer shall be
responsible for unknown conditions such as buried utilities, tree stumps, rock, or any concealed materials or conditions that may result in
additional labor or material costs. Customer will be billed hourly or per job directly by the installer for any additional costs that were not
previously included.
ORDER INFORMATION
Bill To:
Contact:
Address:
Address:
City, State, Zip:
Ship To:
Contact:
Address:
Address:
City, State, Zip
Tel: Fax: Tel: Fax:
SALES TAX EXEMPTION CERTIFICATE #:
(PLEASE PROVIDE A COPY OF CERTIFICAT
Acceptance of quotation:
Accepted By (printed):
Signature:
Title:
E -Mail:
P.O. No:
Date:
Phone:
Purchase Amount: $12,279.40
Page 2 of 2 ager 51 --of 270,
Pt!Coy Ca.py
Debbie Majors
City Manager's Office, City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Dear Debbie Majors:
This is to confirm that Dominica Recreation Products/GameTime is the "Sole Source" supplier for Tuff Forms
playground custom -themed, hand crafted climbers.
Dominica Recreation Products is the exclusive representative for GameTime and its products, including Tuff
Forms, in the states of Florida, Georgia, and Tennessee. All purchases of GameTime equipment, including the
Tuff Forms, must be processed through DRP offices before GameTime can ship. All purchase orders should
be made out to GameTime directly, as invoicing will come from GameTime.
If we may provide you with additional information or details, please don't hesitate to call us at 500-235-2440
or visit our website at www.gametime.com or www.DiavdrD.com,
Thank you.
Sincerely,
Sales & Marketing Manager
Page 52 of 270
O
ti
N
4-
0
C7
LO
N
O1
6.F
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION:
Approve the purchase of two (2) complete sets of Hydraulic Extrication Tools and accessories from South
Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $62,794.80. SFEV is the Sole Source
vendor for Holmatro brand of equipment for the South Florida region, including Palm Beach County.
EXPLANATION OF REQUEST:
The Boynton Beach Fire Rescue Department (BBFRD) evaluated did product evaluation of hydraulic tools from
multiple manufacturers. As a result of this evaluation, department staff selected the Holmatro brand as the
hydraulic tool that most fits the needs of the BBFRD. South Florida Emergency vehicles is the sole source
vendor for Holmatro brand of equipment in the South Florida region, which includes Palm Beach County.
The Boynton Beach Fire Rescue Department often responds to emergency incidents that require the use of
hydraulic extrication tools. One set of these tools consisting of a cutter, spreader, and ram are carried on each
of our five (5) Fire Engines and one (1) set is carried on the Technical Rescue Truck.
Currently the hydraulic tools that the emergency crews are using to preform vehicle extrications are
functioning; however, most of the hydraulic Equipment has reached the end of its life cycle and the department
is in the process of replacing the equipment.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
BBFRD has identified key pieces of equipment that has reached its end of service life. Our current extrication
equipment is one of these pieces of equipment. The purchase of this extrication package of equipment will
allow us to start the replacement and upgrade of vital tools utilized for auto accidents and other specialized
rescue situation in which hydraulic rescue tools are required.
FISCAL IMPACT. Budgeted
As part of the 15/16 budget year the department was approved to purchase the
equipment from account 001-2210-522-64-02.
ALTERNATIVES:
Not to approve this purchase.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Page 54 of 270
Is this a grant? No
Grant Amount:
CONTRACTS
VENDOR NAME: SOUTH FL EMERGENCY VEHICLES
START DATE:
END DATE:
CONTRACT VALUE:
MINORITY OWNED CONTRACTOR?: No
EXTENSION AVAILABLE?:
EXTENSION EXPLANATION:
ATTACHMENTS:
Type
Quotes
Sole Source Letter
REVIEWERS:
Department
Fire
Finance
Legal
City Manager
Reviewer
Carter, Ray
Howard, Tim
Swanson, Lynn
LaVerriere, Lori
Description
Quote for Extrication
Sole source letter
Action
Approved
Approved
Approved
Approved
Date
11 / 19/2015 - 10:45 AM
111201201 - 9:03 AM
11/23/2015 - 10:55 AM
11/24/2015 - :57 AM
Page 55 of 270
SOUTH FLORIDA
EMERGENCY VEHICLES
Phone: 239-267-5300
Fax: 239-590-9246
Name / Address
4655 Cummins Court
Fort Myers, FL 33905
Boynton Beach Fire Rescue
2080 High Ridge Rd
Boynton Beach, FL 33426
Quote
Date
Quote #
9/18/2015
Q375
Page 56 of 270
HS #
Terms
Project
Rep
Valid to Date
Net 30
NS
12-31-2015
Qty
U/M
Item
Description
List Price
Sales Price
Total
2
HOL-158.052.085
GCU 5050 CUTTER 5.0 AH PACKAGE
9834.30
19,668.60
2
HOL-158.052.069
GRA 4331 RAM 5.0 AH PACKAGE
8023.50
16,047.00
2
HOL-158.052.077
GSP 5240 SPREADER 5.0 AH PACKAGE
9968.40
19,936.80
2
HOL-150.182.274
PULLING ATTACHMENT SET SP5240/50
1086.80
2,173.60
2
HOL-150.582.152
PULLING CHAINS SET 3/8"
303.05
606.10
2
HOL-150.182.207
BMC 2 AC/DC ADAPTER 120V AC / 28V
628.90
1,257.80
DC
2
EA
HOL-158.181.016
RAM SUPPORT HRS22 NCT
562.40
1,124.80
2
HOL-150.181.322
RAM EXTENSION 13"
349.60
699.20
2
HOL-150.181.323
RAM EXTENSION 23.5"
390.45
780.90
1
HOLMATRO SHIPPING
SHIPPING
500.00
Total $62,794.80
Page 56 of 270
July 30, 2015
To Whom It May Concern:
This letter is to certify in writing that as of this date, and until
superseded in writing, South Florida Emergency Vehicles with its
principal location at:
4655 Cummins Ct.
Fort Myers, FL 33905
is the sole authorized Holmatro Sales and Factory Authorized Service
Dealer for South Central Florida, including the counties of:
Brevard, Broward, Charlotte, Citrus, Collier, DeSoto, Flagler, Glades, Hardee, Hendry,
Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Marion, Martin,
Miami -Dade, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas,
Polk, Putnam, Sarasota, Seminole ,St. Lucie, Sumter, Volusia
Sincerely,
�61
Tony Barboza
National Sales Manager
Holmatro, Inc.
6.G.
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting
held on November 17, 2015.
EXPLANATION OF REQUEST. The City Commission met on November 17, 2015 and minutes were prepared
from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be
prepared, approved and maintained in the records of the City of Boynton Beach
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City
Commission will be maintained as a permanent record.
FISCAL IMPACT. 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
REVIEWERS:
Department
City Clerk
Reviewer
Pyle, Judith
Description
Minutes 11-17-15
Action
Approved
Date
11/20/2015 - 10::1 AM
Page 58 of 270
MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA
ON TUESDAY, NOVEMBER 17, 2016 @ 6:30 P.M.
1=14MI
Gerald "Jerry" Taylor, Mayor
Joseph Casello, Vice Mayor
David T. Merker, Commissioner
Mack McCray, Commissioner
Michael Fitzpatrick, Commissioner
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:30 p.m.
Invocation
Commissioner McCray offered the Invocation.
Lori LaVerriere, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Pledge of Allegiance to the Flag led by Vice Mayor Casello
The Pledge of Allegiance to the Flag was led by Vice Mayor Casello.
Roll call revealed all members were present.
Agenda Approval:
Additions, Deletions, Corrections
There were no additions or corrections to the agenda.
Z Adoption
Commissioner McCray moved to approve the agenda. Commissioner Merker seconded
the motion.
Page 59 of 270
MEETINGMINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL NOVEMBER 17, 2015
om
The motion passed unanimously. Mayor Taylor explained the motion included approval
of all Consent Agenda items.
2. OTHER
A. Informational items by Members of the City Commission
Commissioner McCray had attended the ribbon cutting at Quantum High School,
presented the Congress Middle School with a check for $1,000 for the band and chorus,
and attended the annual legislative session that was held at Bethesda Memorial
Hospital, the Veterans Day celebration and Chamber of Commerce luncheon. He
disclosed he had met with Bonnie Miskel and received an email from Zuccala's Towing.
He refused to talk to Attorney Weiner and received a call from the President of Hunters
Run board.
Commissioner Merker mentioned the need for beach mats for disabled individuals. It is
very important and further information was being assembled to discuss on a future
agenda.
Vice Mayor Casello had discussed the mats with Mr. Majors, Director of Recreation and
Parks, and learned there was an issue with the depth of the beach as far as location of
the mats. It can be further discussed. He disclosed he had attended the Chamber of
Commerce Million Dollar Luncheon and attended the veteran's monument dedication.
The Community Caring fundraiser garnered between $60,000 and $70,000, doubling
last year's donations. He went to the Boynton Intracoastal Group (BIG) golf tournament
with the proceeds benefiting public safety.
Commissioner Fitzpatrick commented on the funding for the Inspector General's Office
and he felt Boynton Beach should be paying its fair share. He had gone to the
Firefighters' Pension Board meeting. He spoke to Bonnie Miskel representing David
Camalier. The Sierra Club presented Commissioner Fitzpatrick with an award for being
the Environmental Champion of the Year. Delray Beach hosted the annual legislative
luncheon that he attended. Commissioner Fitzpatrick disclosed he spoke with the
President of the Hunters Run Homeowners' Association. On Veterans Day he was at
the local ceremony at Veterans Park. His schedule included the Boynton Beach
Chamber of Commerce meeting and the Community Caring Center Fundraising Gala.
He commended Vice Mayor Casello and his wife for being the honorary chairs. He
went to the opening of the Boardwalk Italian Ice Cream Shop on Federal Highway and
to the South Central Regional Wastewater Disposal and Treatment pension board
hearing and attended the BIG board meeting.
N
Page 60 of 270
MEETINGMINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL
Mayor Taylor had gone to the Veterans Day celebration, Dimensional Harmony's
concert, Community Caring Center fundraiser and the legislative delegation meeting at
Bethesda. He went to the opening of the Boardwalk Italian Ice Cream Shop and urged
others to try the delightful flavors of fresh made ice cream. He participated in the BIG
golf tournament. Mayor Taylor disclosed he had spoken with President Gold from
Hunters Run and Attorney Weiner relating to an item on the agenda.
Vice Mayor Casello disclosed he had spoken to the President of Hunters Run and David
Gold.
Commissioner Merker had discussions with board members from Hunters Run.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim Saturday, November 28, 2015 as "Small Business Saturday".
Mayor Taylor proclaimed November 28th as Small Business Saturday and presented the
Proclamation to Andrew Mack, Director of Development and Engineering.
B. City Hall will be closed for the Thanksgiving holiday on Thursday,
November 26 and Friday, November 27, 2015.
It was announced City Hall would be closed on November 26th and 27'h for the
Thanksgiving holiday.
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).
Katie G. Miller, 1057 SW 28th Avenue, complained the cemetery needs to be better
maintained. Ms. Miller had filed for a hearing for a red light camera citation. She was
surprised that everyone that went to Court was found guilty and did not understand how
that could happen.
Dr. Piotr Blass, 113 West Tara Lakes Drive, remarked he had a red light camera
hearing and was found not guilty. He announced he was officially a candidate for Mayor
of Boynton Beach. His ideas for the City included the transformation of Boynton Beach
into a university town. He hoped the Old High School would be saved for the university
and become the property of the City rather than private entity. The university would
serve as an incubator for high tech businesses. One idea being developed was how to
use the energy of the gulfstream to produce inexpensive energy. Another concept
would be how to use high tech devices to reduce crime and make the City safer. A top
priority would be to create a family neighborhood in the Heart of Boynton.
Page 61 of 270
MEETINGMINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL NOVEMBER 17, 2015
Linda Schonz, 1632 Palmland Drive, in Chanteclair Villas, reported a problem with the
traffic light at Charter Drive and Congress Avenue. She suggested a left turn arrow was
needed because it is a long light and traffic accumulates in all directions. Mayor Taylor
explained the County controls the traffic lights, but the City would contact the County
about the concerns.
Lola Carello, residing in Chanteclair Villas, pointed out this would be the 12th request
over the last six years asking for the same assistance on the traffic light. Mayor Taylor
reiterated it was an issue for the County to resolve.
No one else coming forward, Mayor Taylor closed Public Audience.
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 exist:
Building Board of Adjustments and Appeals: 1 Alt
Golf Course Advisory Committee: 1 Alt
Recreation and Parks Board: 1 Alt
Senior Advisory Board: 1 Reg and 2 Alts
There were no applicants for appointment.
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. R15-140 - Support Neighborhood
Renaissance, Inc. applying to the State of Florida for its tax credit program, certifying
that projects of the agency are consistent with the goals and objectives of the City of
Boynton Beach's Housing Element of its Comprehensive Plan, Local Housing
Assistance Plan, and its Community Development Consolidated Action Plan.
B. 'PROPOSED RESOLUTION NO. R15-141 - Approve Boynton Village &
Town Center Park Land Swap Agreement and authorize the Mayor and City Clerk to
sign the document. Applicant: Jeffrey R. Margolis, Esquire, Berger Singerman.
C. PROPOSED RESOLUTION NO. R15-142 - Approve Interlocal Agreement
with Boynton Village Community Development District. Applicant: City Initiated.
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D. Approve the piggyback of the Florida Sheriffs Association bid #15-13-
0904, with Xylem Dewatering Solutions utilizing the same terms, conditions,
specifications and pricing. This contract will be used for the purchase of a Godwin Dri-
Prime pump at a cost of $25,980.80.
E. Approve the list of surplus vehicle/equipment as submitted by the Public
Works/Fleet Maintenance Division to be disposed of thru the auction process and
authorize the City Manager to sign the auction agreement.
F. Approve Change Order No. 1 in the amount of $10,178.00 for the
emergency repair to an 8 -inch water main on SW 3rd Street and High Point Court for
the Reclaimed Water Main Extension to High Point project, Bid No. 047-2821-15/KTR.
G. Approve the minutes from the Regular City Commission meeting held on
November 3, 2015.
H. Accept the written report to the Commission for purchases over $10,000
for the month of October 2015.
I. Approve the extensions for RFPs/Bids and/or piggy -backs for the
procurement of services and/or commodities as described in the written report for
November 17, 2015 - "Request for Extensions and/or Piggybacks".
7. BIDS AND PURCHASES OVER $100,000
A. Authorize City Departments to utilize the School District of Palm Beach
County Bid No. 16C -7T for HVAC Mechanical Contractors; Preventative Maintenance,
Repairs and Installations on an "As Needed" basis for an annual expenditure of
$150,000.
Commissioner McCray moved to approve using the School District contract.
Commissioner Merker seconded the motion.
Vice Mayor Casello inquired if any of the monies would be used for repairing the air
conditioning system at The Links golf course. Tim Howard, Director of Finance,
indicated that air conditioning system was currently being repaired. The requested
purchases are for general repair and maintenance for all facilities. The money could be
used for the golf course, but the funding is available to make the necessary repairs
under contract at this time.
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Vote
The motion passed unanimously.
9. PUBLIC HEARING
NOVEMBER 17, 2015
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. Approve request for Major Site Plan Modification to construct a one-story,
19,000 square foot inpatient medical facility and related site improvements on 4.6 acres
of property located at 3005 South Congress Avenue, on the NW corner of South
Congress Avenue and Charter Drive North, within the C-3 (Community Commercial)
zoning district, Applicant: Jeffery C. Lynne, Weiner, Lynne & Thompson, P.A.
Attorney Cherof administered an oath to all those intending to testify and gave a brief
explanation of the procedures to be followed.
Michael Weiner, counsel for Novus Properties, advised the public's concern is
understood and wanted to be assured the applicant could answer any questions in
rebuttal, Attorney Cherof advised there was no time limit for any rebuttal.
The following items were placed into the record for the matter.
• City of Boynton Beach Agenda Request form from the March 17, 2015 meeting.
• Planning and Zoning Memo PZ14-047 supporting the Ordinance relating to C-3
uses.
• An excerpt from the minutes of the March 17, 2015 Commission meeting passing
the Ordinance.
• Letter dated October 23, 2015 from Mr. Weiner's firm to the City Attorney with
respect to the standards for approval of site plans.
• List of Novus's detox awards recognition and an explanation of their operations
• A copy of the PowerPoint presentation.
• Email from Michael Rumpf asking questions about the requirements for this
particular use in the C-3 zone with respect to roadways and distances.
All items will be attached to the minutes of the meeting.
Novus Properties would be purchasing the land at 300 Congress Avenue with an
existing land use of Local Retail Commercial and zoning designation of
Community/Commercial or C-3. The property is approximately 4.6 acres at the corner
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of Charter Drive and South Congress Avenue. A 19,000 square foot inpatient medical
facility would be constructed on the site. It will include 97 parking spaces, amenities
and improvements including a recreational area, retention area and 15 foot landscape
buffer and wall. The building height will be 27 feet. The property is vacant at this time.
The property was located on a map showing the adjacent property uses as a self -
storage facility, tennis courts, and an automotive repair plaza.
Detoxification services would be offered at the new facility. Novus Properties has been
in business approximately 10 years and offers a similar facility on the west coast of
Florida. Bry Wesche, CEO of Novus Properties, was present for any questions relating
to operations of the facility. Mr. Weiner stressed C-3 is specifically zoned for the
proposed use. All patients voluntarily come to the center. There is no connection to
any court ordered detoxification. Patients are invested in their recovery and are private
pay or private insurance.
There would be no security risks to the neighborhood. There is staff security and the
services delivered include a watchful eye on all patients. Patients maintain a low profile
and are transported to the facility by staff in limousines or unmarked vehicles. The
average stay is only six or seven days. Medical procedures are offered with appropriate
guidance to recovery. Patients are monitored at all times and would not wander the
property. Safe guards required by the Code would be met.
It is not a prison. Patients are undergoing withdrawal and medical situations resulting
from the pain of withdrawal. Pictures were displayed of the rooms and amenities that
exist at their other location. There is a lounge for family visits, dining rooms, indoor
fitness and recreation space, all permitted uses allowed in C-3 zoning under inpatient
medical care or testing. The definition of medical care or testing is alcohol or chemical
dependency treatment centers, licensed pursuant to Florida State Statute, Chapter 397.
The only matter before the Commission was a site plan as set forth in the staff report.
There are certain requirements in the Code for approval. It has to be 50 feet from an
abutting residential or mixed-use zoning district. The site security will be ensured with a
minimum of surveillance cameras, limited and control access points and operation
procedures. Privacy and access control would be ensured with a minimum of a
perimeter fencing and landscape buffering. All criteria were approved in the staff report.
The property is located along arterial frontage and not within an area excepted from this
type of zoning under the Code. The setback is more than 200 feet based on a definitive
interpretation of how to measure the setbacks from the building to the residential line.
All requirements are met. The applicant agreed to all conditions of approval. The law in
the State of Florida dictates a site plan should be approved when it meets all the
standards. The applicant has met all standards.
The project is good planning by creating 75 new jobs, with applicants being well
regarded, highly educated and from the local area. The project is planned for locational
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security for the neighborhood. It would represent a financial investment to the
community with the building improvements costing $7M to complete. New real estate
taxes will be generated, as well as an attractive building along a busy highway. There
will be permit fees and construction jobs.
In summary, the vacant lot generates $26,000 in real estate taxes per year. The $7M
improvements will increase the real estate taxes to $150,000. This is a review of a site
plan under quasi-judicial rules. The applicant appreciates the efforts of staff and the
Planning and Development Board who both approved of the plans. He urged the
Commission to approve the site plan.
Mayor Taylor opened the issue for public comment.
Lola Cariello, 1748 Palmland Drive, President of the Homeowners' Association of
Chanteclair Villas pointed out there are residential areas in close proximity to the
proposed site being Chanteclair Villas 1, 2 and 3, Hunters Run, Serrano's family homes
and Crosspointe Elementary school. It is a very vulnerable area with senior citizens,
children and a school. She questioned the security and access for the patients, the
level of background checks on the staff, increase in crime, decline in property values
and safety. Ms. Cariello asked if the guards would have guns. Elderly homeowners are
caring and giving and would invite anyone into their homes. Children are on the streets
going to and from school. The mix is bad. She appreciated the need for detox centers,
but they should be placed in more appropriate areas. There is an additional issue of
traffic and ingress and egress to the facility.
Attorney Cherof thanked the public for attending, but cautioned it was a business
meeting and quasi-judicial hearing before the Commission. There was no need for
applause or spontaneous comments. Any and all individuals could come to a
microphone and speak.
Mayor Taylor indicated the speakers would not be timed, but asked they remember
there are others who wanted to be heard.
Ms. Cariello asked why Crosspointe Elementary was not notified of the plans.
Peter Leavitt, 26 Northwoods Lane in Hunters Run, was convinced detox centers are
necessary. He did not feel the requested site plan location was appropriate. Mr. Leavitt
had an extensive legal background and had dealt with addicts and rehabilitation for
many years. Not one facility controlled the -flow of illegal drugs into the facility. There
will be neighborhood problems for the school, children and residents. He urged the
Commission to get more statistics on the casualty and incident rate at these types of
treatment centers. The increase in taxes will not cover the extra police surveillance,
calls to the center for police and fire and EMS personnel and their equipment. He
strongly opposed the detox center.
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Joyce Mura, 1555 Palmland Drive, agreed with the previous speakers. She added
there are two schools in the area that includes South Tech that is a high school. The
traffic light is a problem and the Center would be a "black eye" for the City of Boynton
Beach. There was a drug deal on Seacrest Boulevard recently and one lady was shot
and killed. The individuals came from a drug facility. The patients' backgrounds can be
vetted and admission denied based on prior records. These types of programs are
being investigated by the FBI and the IRS for kickbacks and insurance fraud. It is not
needed in the City of Boynton Beach. This request was approved by the Planning and
Development Board because it is a trend for substantial income opportunities. She
urged the Commission to not approve the request.
Commissioner McCray clarified the incident referred to happened on 0 Street, the
Cherry Hill Mini Mart and a sober home and not on Seacrest Boulevard.
Carl Sloan, President of Hunters Run, a community of 1,649 homes with 3,000
residents and located within 300 yards of the proposed detox facility was against the
project. The residents realize the proposed property is zoned to permit this use.
Because the zoning is proper does not make the site acceptable. The patients will be
addicts and alcoholics. The facility is only one block from the Crosspointe Elementary
school and across the street from the Barrier Free Park and Tennis Center. Caloosa
Park is across the street with its many recreational venues that attract young and old.
There are three residential communities adjacent to the site and it is next to Manor Care
Rehabilitation facility. The proposed project would be a hub for recovering and
struggling addicts to gather day and night, seven days a week. It would be a threat to
the neighborhood safety and security and bring crime to the area. The request was for
the Commission to vote no on the project as not a proper use of the land,
Martin H.enessey, 10 Woods Lane, in Hunters Run, shared he was a recovering
alcoholic and drug addict, being sober for 24 years. He previously lived near a detox
center and rehabilitation facility. The crime rate went up and the facility had to be
closed. He did support helping others with these types of problems, but he did have a
problem with safety in the area. In addition most people with addiction problems have
mental illness problems. Supporting this venture would be a bad mistake. He
understood the individuals want to make money as it is one of the most lucrative
businesses in the world. He hoped the Commission would not approve the facility.
Joanne Tancer, 10 Woods Lane, opposed the proposal. She submitted 94 letters/
signatures that could not be present to oppose the project. She had worked in hospitals
and rehab centers for 45 years. She was a member of two 12 -step anonymous
programs. She wholeheartedly supported treatment, detox and rehab. This was not an
appropriate location for a facility. Many residents take their grandchildren to the Barrier
Free Park, There will be considerably more traffic in the area. An addict has a
compulsion for crime to get the drugs they need. It will raise the crime rate in the area,
lower the property values and put the residents in danger.
E
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Linda Schonz, 1632 Palmland Drive, and President of the Section 2 Association of
Chantaclair Villas, expressed her concern for the safety of the residents and children.
She questioned the placement of the surveillance cameras and the traffic flow creating
traffic jams. She hoped the Commission would support their concerns and vote no.
Allan Ullman, 7 Island Drive, in Hunters Run, quoted from a newspaper article that
reported 40% to 60% of the participants in drug treatment programs drop out within the
first few weeks or months. Effective treatment typically requires at least a year. There
are only 50 units in the community left to purchase making it the best community in
south Palm Beach County. This facility will turn those dynamics all around.
William Poznak, 1 Woods Lane in Hunters Run, an engineer for many years,
contended the site had many physical problems and the residents should be able to
examine the site plan drawings. He had counted 18 cars lined up to go north on
Congress Avenue. There is now a retention area with no drainage that could fill up
with water and flood the areas. He wanted to see the drawings. He suggested the
matter be delayed for further study and dialogue. It is a federal law, the project cannot
be stopped.
Mayor Taylor asked the public to refrain from talking and listen to the speakers who
have a right to speak.
Miguel Lizarraga, 1527 Palmland Drive, lived directly behind the proposed facility and
felt it was not a good location for the enterprise. There are two schools with children
walking by the facility. The senior citizens walk in the streets. He was a recovering
addict and clean and sober for 10 years and he worked in a similar facility. The only
requirement to work in a facility is to be clean and sober. One of the main tasks is to
keep an eye for drug dealers. Now, with cell phones the drugs are only one phone call
away. This facility will bring drug dealers to the area and crimes of opportunity will
spike.
David Gold, 6 Sutton Drive, a resident of Hunters Run for 36 years, endorsed
everything he had heard. He added, historically, these types of places have been
gathering points. When the patients are in need, there are four residential communities
to assist them. The lure of additional tax revenue is accurate short term. He believed
the lessening in the values of the surrounding four communities will end up a minus for
the City of Boynton Beach.
Dr. Piotr Blass, 113 Tara Lakes Drive, lived close to Congress Avenue. A sober home
was started in the Clipper Cove development and suddenly there were many robberies
and even a murder in the area. He was afraid the same would happen along Congress
Avenue. He resented the tone Mr. Weiner took as if he was lecturing, disciplining or
interrogating. He was running for Mayor and he promised the project would not
proceed.
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Sanford Mayer, 2 Clubhouse Lane, had lived in Hunters Run for 12 years and pointed
out the Board of Directors of Hunters Run donate money to the community for public
safety, food kitchens, or libraries. After all these years of working for Boynton Beach,
he hoped the Commission would listen to those who have spoken and not approve the
project.
No one else coming forward, Mayor Taylor closed public hearing.
Mr. Weiner, Bryn Wesche, and Kyle Karr came forward with rebuttal. Mr. Weiner and
the applicants understood small communities and how close they are and want to stand
together. This is a quasi-judicial hearing and the Commission understands their
responsibilities. There are issues that have to be considered. However, because many
people have come forward with their concerns Mr. Weiner was willing to respond to
remarks that are not pertinent to a site plan. It would be done out of the greatest
respect for the City of Boynton Beach and those people who have attended this
meeting.
There was a study done for two years on convenience stores, residential points and
general medical hospitals and methadone clinics that revealed convenience stores put
more crime in an area. There is another detoxification facility in Boynton Beach for over
10 years and the home values in the area are going up. There are 400 apartment units
across the street which is well leased. It is one of the areas that is a shining star in
redevelopment in the City of Boynton Beach and was built long after the detox center
was open.
Vice Mayor Casello asked how many calls from public safety have been called to that
location. Ms. Wesche advised in the nine years they have called the Sheriff four times
for assessment of personal safety to themselves. There has never been an arrest or
law enforcement called to their premises for any other reason. Mr. Weiner asked if a
patient had ever been lost or left without their knowledge. Ms. Wesche replied no, it
was a medical detox and it is voluntary. The patients are brought in, an intake is done,
and they remain in the facility and monitored 24 hours a day, administered medication
and then returned home upon completion of the program. If a patient wants to leave
against medical advice, the patient is returned in the same fashion as they came in.
The company is a Joint Commission Accredited facility, like a hospital. Patient safety is
paramount.
Mr. Weiner inquired about the eligibility criteria for the services provided. Ms. Wesche
pointed out their facilities are not a Baker Act facility or a hospital. Patients are
prescreened for the higher levels of care indicators prior to a face-to-face assessment
by a nurse and a doctor does a physical. If it is an appropriate level of care in their
situation, they are admitted.
The screening of employees requires all direct care staff have a Level 2 background
investigation with the FBI. The facility has never been investigated. It is inspected by
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the Department of Children and Families every single year and had no issues. They are
inspected by the Health Department and never had an issue. The Joint Commissioner
Accreditation requires inspections every three years.
Vice Mayor Casello asked how many times the paramedics/fire rescue responded to the
location. Ms. Wesche did not have an exact count. It would only be done for a medical
emergency. Vice Mayor Casello specifically asked how many times outside help had to
be called to Ms. Wesche's facility during the last ten years. Ms. Wesche did not have
an exact number.
Mr. Weiner discussed security and asked about the fencing and perimeter. Mr. Karr
advised it was a closed campus with a security fence around the entire structure. This
property has a seven foot block wall on the one property line. There will be a six-foot
vinyl fence around the other two sides.
Mayor Taylor again attempted to silence the audience requesting them to allow the
applicant to speak.
Mr. Karr continued all fencing would be six feet tall or taller. It has automated security
gates for cars to enter or exit. No one can walk out and have a gate open. It takes the
vehicle to sensor the gate so it will open to exit. Video cameras will be mounted on the
entrance gate and a call button. If not an employee, the call button allows staff to
visually see the individual at the gate for access.
There will be 36 exterior cameras with night vision capabilities. There is a well-planned
site plan with parking lot lighting, landscape lighting, motion sensors and security
lighting. The interior has 42 cameras so all rooms and hallways are under video
monitoring. It is a 24-hour monitoring system that goes to the nurses' station and
monitored at three locations off site.
Vice Mayor Casello asked if there was protocol established if the cameras detected a
problem. Mr. Karr added all the doors have alarms for exiting or entering. The front
door is locked and requires approved entry to the lobby that continues to all other areas
of the facility. Other exit doors have crash hardware to exit, but no one can enter
without a key.
Ms. Wesche responded every shift has a required number of staff including nurses and
support staff and techs, based on a ratio to patients. There is a Safety Officer that is
present at night to monitor any and all situations and support the direct care staff in de-
escalating any situations. There have never been incidents during their years of
operation. It is not a restraint facility needing that level of care. Violent patients belong
in a hospital or psych ward type environment. The medications given make the patients
less aggressive.
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Mr. Weiner understood the concerns and wanted to address issues that may be
problematic for the public. The plans have been available for quite some time for any
engineering criteria, Statistics provided were based on a decade of experience.
He attempted to diffuse a prejudice about those in the recovery community and those
who need assistance. The purpose of the hearing is simply to consider a site plan.
There had been prior hearings and an ordinance was carefully designed. This is the
first project that addresses the requirements and has met all the standards and even
addressed the public concerns. The facility cannot be denied because of a notion that it
might more often use an ambulance. The requirements of the law have been met and
the Commission sits as quasi judges. The request has nothing to do with zoning. The
applicant was open to discuss rational concerns and specific issues.
Vice Mayor Casello asked how many meetings were held with the surrounding
communities. Mr. Weiner disclosed he had discussions with Mr. Gold and there was a
public hearing before the Planning and Development Board. Vice Mayor Casello did not
understand why Mr. Weiner and his clients had not met with the residents of Hunters
Run and other communities about their concerns. Mr. Weiner argued they were present
tonight to listen to their concerns. Vice Mayor Casello commented it was becoming very
controversial and could have been avoided. It was understood the letter of the law was
on Mr. Weiner's side, but noted it was not always about the letter of the law, rather the
decency of doing the right thing.
Mr. Weiner apologized to Vice Mayor Casello and noted there is a process in place that
includes a previous public hearing when any public concerns could be addressed. His
clients followed every process and responded to any questions. Mr. Weiner apologized
for not reaching out more to the residents, but did not feel it was a reason to deny the
request.
Commissioner Merker simplified the issue is money versus the heartbeat of the people,
It is a business. The people are commenting about fear, danger, crime, safety, security,
seniors and children. He declared the project was not good for the City of Boynton
Beach. It was suggested the applicant reassess their position and if the people of the
community are unhappy, the issue should not be forced.
Commissioner McCray voiced his first concern was one section was approved and
another rejected. Andrew Mack, Director of Development and City Engineer, indicated
the Planning staff had recommended approval. There were two items that were
deficient and a waiver was requested. One was queuing distance on Charter Drive to
the entrance. Antidotal evidence that the amount of traffic generated did not warrant the
70 feet was submitted. The staff agreed and allowed less than 70 feet.
im
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Commissioner McCray noted he did not represent District 1, but most of all he
represents every citizen in the City of Boynton Beach. He listened to everyone
tentatively and patiently and would not approve the request.
Commissioner Fitzpatrick mentioned as a firefighter he had spent 15,000 hours on duty
and he made no calls, no runs to a detox facility and knew of no other paramedics who
had made those runs. He was stationed in Fire Station #2 and made hundreds of runs
to Hunters Run.
This site is an empty lot and had formerly been a nursing home, a medical facility that
was water damaged beyond repair from a hurricane. It was a larger facility than the
proposed site. The added traffic for the proposed facility would be much less than what
was there. He believed it was possible there would be some wandering off and around
the property,
Commissioner Fitzpatrick noted there is another facility called the Watershed that is four
stories with 250 to 300 beds. Its location is 200 yards from the entrance to Boynton
Beach High School and has been there well over ten years. He had responded to a fair
number of calls to the facility. He asked Chief Katz for any statistics on the impact of the
Watershed facility.
Police Chief Katz had statistics from a year ago. Between February of 2013 and
February of 2014 the Police Department responded to 179 calls for service. The Fire
Department responded to 108 calls for service at the Watershed. He understood there
is an important distinction between the Watershed and the proposed facility.
Commissioner Fitzpatrick surmised an adjustment for the size variance in the facilities
would equate to 2.5 calls a month.
Boynton Beach has 4,300 people per square mile making Boynton Beach an urban
area. Like all cities, picking a neighbor is impossible. The project is totally legal. The
City land use ordinance was passed after much discussion to allow these kinds of
projects. Any concerns could have been addressed at that time. These are federally
protected citizens with a medical condition. Detox centers are not sober homes that
have many problems that are not adequately addressed by the state legislators. Detox
centers are very well regulated. He would not vote to put the City in a precarious legal
position.
Mayor Taylor addressed his thoughts on the issues. As was mentioned, when it was
initially presented the request was to put these type facilities in C-1, C-2 and C-3 zoning
area. Mayor Taylor and Vice Mayor Casello voted against the proposal. Discussion
evolved that the City was required to give to some availability and it was agreed that
only C-3 would be utilized. The applicant comes in with a site plan and the Commission
has to decide on the effect on the surrounding neighborhoods. There are many allowed
uses in C-3 areas, many that are not appropriate. It is obvious this facility would have a
negative effect on the entire surrounding area with schools, parks and residential areas.
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It is not conducive to the area. There is a facility approved in Boynton Town Center
commercial area. The City is not denying availability. There are available areas and in
the right areas it can be done. Mayor Taylor recalled he was on the prevailing side
when allowing the use in C-3 areas. He asked the Ordinance be brought back to the
Commission for reconsideration of C-3 areas and what should be allowed.
Mayor Taylor declared he would not vote for the site plan at the proposed location.
(There continued to be questions asked and remarks made from the audience.)
An unidentified man remarked about a prior use of the same site.
Commissioner Merker moved to approve the request for major site plan modification,
Commissioner Fitzpatrick seconded the motion.
The motion failed 1-4 (Mayor Taylor, Vice Mayor Casello, Commissioners Merker and
McCray dissenting).
(The meeting was delayed while much of the public audience left.)
Mayor Taylor moved to bring the Ordinance back for reconsideration. Vice Mayor
Casello and Commissioner McCray seconded the motion.
Commissioner Merker asked for clarification. Mayor Taylor explained the Commission
had approved locating these types of facilities in C-3 areas. There needs to be more
specificity on the allowed uses to avoid unwanted uses in a particular area. He
suggested the Commission look at all the areas and all the uses.
Commissioner Fitzpatrick recalled Planning had a map that outlined the C-3 locations,
so the Commission knew this type of facility could have gone there.
MM
The motion passed 4-1 (Commissioner Fitzpatrick dissenting).
il[#�Sagm "T-111"UC11:1
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A, PROPOSED RESOLUTION NO. R15-143 - Approve and adopt the
Greenways, Blueways and Trails Master Plan, presented by Stewart Robertson of
Kimley-Horn, consultant for the project RFQ No. 023-2730-14/JMA.
Commissioner McCray moved to approve the Master Plan. Vice Mayor Casello
seconded the motion.
Carisse LeJeune, Assistant City Manager, advised the Plan satisfied two items from two
Commission adopted Plans. It addresses goal five, action item 2 of the 2015-16
Strategic Plan and completes the Climate Action Plan implementation item number
4.4.1 relating to non -motorized transportation corridors. If approved and adopted, the
Plan will increase and enhance multi -module and non -motorized transportation, tourism,
education, recreation, economic development, health, physical fitness and
environmental conservation throughout the defined areas.
Vice Mayor Casello thanked Ms. LeJeune for all her work and it was greatly
appreciated. The Commission supports the Plan. Ms. LeJeune indicated the plan and
presentation would be on the City's website for the public.
The motion passed unanimously.
i FA 0 0 Z, 14 Y ", &I I Z f**� &M'kl
13. LEGAL
A. PROPOSED ORDINANCE NO. 15-031 - FIRST READING - PUBLIC
HEARING - Approve the fourth extension of the suspension of the application and
enforcement of the Workforce Housing Program for a period of one year.
Attorney Cherof read Proposed Ordinance No. 15-031 by title only, on first reading.
Commissioner Merker moved to approve Ordinance 15-031. Commissioner Merker
seconded the motion.
Vice Mayor Casello understood the program was not needed at this time. Ms.
LaVerriere advised with the increase in development with rental apartment housing and
12
Page 74 of 270
MEETINGMINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL NOVEMBER 17, 2015
seeing market rates increase, more study time is needed. Recommendations would be
made before the end of the year.
ORM
City Clerk Prainito called the roll. The vote was 5-0.
B. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC
HEARING - Approve Petition to Expand Boundaries of Boynton Village Community
Development District. (TABLED TO 11117115)
1j,
Commissioner McCray moved to remove Item 13.13 from the table. Commissioner
Merker seconded the motion.
The motion passed unanimously.
Attorney Cherof read Proposed Ordinance No. 15-024 by title only on second reading.
He explained the reason for the delay was Items 6.B and 6.0 had to be approved by the
Commission first.
Mayor Taylor opened the issue for public hearing.
Jerry Knight, Attorney for the Boynton Village Community Development District, had
filed the petition on behalf of the District. If the Ordinance is approved he would request
authorization for execution of the affidavit that is Exhibit 3, the owner consent, The City
is the owner.
Attorney Cherof advised it was inherent in the approval of the Ordinance and the
document was available for signature.
Commissioner Fitzpatrick asked how large the parcel was and Mr. Knight advised the
City park area is 4.99 acres. Jim Gilda, Supervisor on the Boynton Village Community
Development District, indicated the exchanged parcel is 3.2 acres but it would be
improved with a parking facility, a dog park, grading, irrigation and landscaping.
Z =.-
Commissioner Merker moved to approve Ordinance No. 15-024
IN
Page 75 of 270
MEETINGMINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL NOVEMBER 17,2015
Vote
City Clerk Prainito called the roll. The vote was 5-0.
14. FUTURE AGENDA ITEMS
A. Annual Performance review of City Manager - December 1, 2015
C. Interlocal Agreement between the City and CRA for the Neighborhood
Officer Policing Program - December 1, 2015
D. Interlocal Agreement between City and CRA for maintenance of the North
Entry Signage Area - December 1, 2015
There being nothing further to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:28 p.m,
(Continued on next page.)
09
Page 76 of 270
MEETINGMINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL NOVEMBER 17, 2015
Janet M. Prainito, MMC
City Clerk
-14 41..
J ith A. Pyle, CMe
e r)utv A. Vputy City Clerk'
IE*
Jerry Taylor, Mayor
Joe Casello, Vice Mayor
David T. Merker, Commissioner
Mack McCray, Commissioner
Michael M. Fitzpatrick, Commissioner
Page 77 of 270
6. H.
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Approve the extensions for RFPs/Bids and/or piggy -backs for the
procurement of services and/or commodities as described in the written report for December 1, 2015 -
"Request for Extensions and/or Piggybacks".
EXPLANATION OF REQUEST:
As required, the Finance/Procurement Department submits requests for award to the Commission; requests
for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy -back
governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to
Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient
method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the
paperwork of processing each renewal and/or extension individually and summarizing the information in a
monthly report (as required).
VENDOR(S)
COMMODITY/SERVICE
BID NUMBER
RENEWAL TERM
Global Trading; Red
the Uniform Tailor
Embroidery, Silk Screen,
and Miscellaneous
Uniforms
Bid No.
008-1412-14/MFD
December 4, 2015 to
December 3, 2016
Public Financial
Management, Inc.
Financial Advisory
Services
067-1410-10/JMA
November 3, 2015 to
November 2, 2016
Image Janitorial
Services, Inc.
City-wide Custodial
Services
078-2511-13/JMA
December 2, 2015 to
December 1, 2016
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
This renewal report will be used for bids, contracts/agreements and piggy -backs renewed/extended with the
same terms and conditions and pricing as the initial award.
FISCAL IMPACT. Budgeted
Funds have been budgeted under line items as noted on the attached report.
ALTERNATIVES: Not approve renewals and require new bids to be issued.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
Page 78 of 270
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Action
Type
D
Other
D
Attachment
D
Attachment
D
Attachment
D
Attachment
REVIEWERS:
Department
Finance
Finance
Legal
City Manager
Description
Explanation of Bid Extensions 12-1-2015
Extension Letter - Global
Extension Letter - Red the Tailor
Extension Letter - Public Fin, Management
Extension - Image Janitorial
Reviewer
Action
Howard, Tim
Approved
Howard, Tim
Approved
Swanson, Lynn
Approved
LaVerriere, Lori
Approved
Date
11/20/2015 - 12:03 IIIA
11/20/2015 - 12:03 IIIA
11/23/2015 - 10:55 AM
11/24/2015 - 8:57 AKA
Page 79 of 270
REQUESTING DEPARTMENT. Finance/ Warehouse SOURCE FOR PURCHASE: BID
DEPARTMENT CONTACT. Michael Dauta ACCOUNT NUMBER: 502-0000-141-0100
ANNUAL EXPENDITURE: $ 40,000 TERM: December 4, 2015 —December 3, 2016
VENDORS: Global Trading and Red the Uniform Tailor (Formerly Special Products Group)
NEW BID # 000-1412-16/MFD
DESCRIPTION OF BID EXTENSION:
City Commissioners approved the award for the bid for the 'Annual Supply of Miscellaneous Uniforms to Include Embroidery and Silk
Screening" Bid # 008-1412-14/MFD to two vendors. The purpose of this bid was to secure suppliers for the purchase of
apparel/embroidery/silk screening on an "AS NEEDED BASIS". This is the second one-year renewal. The two vendors listed above
have agreed to extend this bid for one-year term with the same terms, conditions and pricing.
The bid documents allow for an additional one-year renewal; subject to vendor acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City.
REQUESTING DEPARTMENT. Finance
SOURCE FOR PURCHASE: Request for Proposal No. 067-1410-10/JMA; "A Five Year Contract for Financial Advisory Services"
ANNUAL EXPENDITURE: As Needed
DEPARTMENT CONTACT. Tim W. Howard
TERM: November 3, 2015 to November 2, 2016
CONSULTANT. Public Financial Management, Inc. of Orlando, FL
DESCRIPTION OF BID EXTENSION:
On November 3, 2010, City Commission awarded the Consultant Agreement forA Five Year Contract for Financial Advisory Services to
Public Financial Management, Inc. as the result of the Request for Proposal No. 067-1410-10/JMA. The RFP was issued to select a
firm to assist the City with capital financing and related debt issuance and business transactions with financial institutions. PFM has
successfully assisted the City on an "As Needed" Basis over the past five years. The City has been pleased with PFM's performance
over the term of the contract. The Contract allows for two (2) one-year renewals and PFM has agreed to extend the contract for an
additional year with the same terms and conditions, and contract rates.
REQUESTING DEPARTMENT. PW/Facilities
SOURCE FOR PURCHASE: Bid No. 078-2511-13/JMA, "Two Year Contract for Custodial Services for City Municipal Buildings and
Facilities"
DEPARTMENT CONTACT. Gail Mootz
ANNUAL EXPENDITURE: $235,000.00
TERM: December 2, 2015 to December 1, 2016
CONSULTANT. Image Janitorial Services, Inc.
DESCRIPTION OF BID EXTENSION:
On November 5, 2013, City Commission approved a two year award to Image Janitorial Services, Inc. as the lowest, most responsive,
responsible bidder to submit a response to Bid no. 078-2511-13/JMA. Image Janitorial Services performs weekly custodial services
and additional services for scheduled and emergency cleanings as required. This bid allows for two (2) one-year renewal terms.
Image Janitorial has agreed to extend the bid for a one-year period with the same terms, conditions and pricing.
BID NAME: "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE
EMBROIDERY AND SILK SCREENING"
BID NO.: 003-1412-15/MFD
Contract Renewal Period: DECEMBER 4, 2015 THROUGH DECEMEBER 3,
2016
Agreement between the City of Boynton Beach, and Global Trading Inc.;
Yes, I agree to extend the existing Bid for the Annual Supply for Embroidery and Silk
Screening under the same Terms and Conditions for an additional year: December 4,
2015 through December 3, 2016.
No, I do not wish to renew the agreement for the following reason(s):
Gib /\j --r,
NAME OF REPRESENTATIVE
(please print)
DATE
SIGNATURE
TITLE
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
Page 81 of 270
FinancelProcurement Services
100 E. Boynton Beach Boulevard
P. 0. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6310
FAX (561) 742-6316
October 28, 2015
Red The Uniform Tailor
202' ) Corporate Drive
Boynton Beach, FL. 33426
ATTN: Jennifer Darner
A
EMBROIDERY AND SILK SCREENING91
BID #- 003-1412-15/MFD
Dear Ms. Karner-
The above referenced Bid will expire on December 3, 2015. The Bid Documents allow for a one
year renewal. Therefore, the City of Boynton Beach Would like to renew the existing agreement
under the same terms and conditions for an additional year.
We appreciate your quality service, and if you agree, with Cornmission approval, the Bid will be
extended for an additional year.
Please indicate your response on the following page and email it to Michael Dauta, Warehouse
Manager, at dautama,-
..bbfl.us. We look forward to continue working with you. If you should
Dave any questions, please feel free to call Michael Dauta, Warehouse Manager at (561) 742-
6324. Thank you.
Sincerely,
Tim W. Howard
Director of Financial Services
c: Michael Dauta — Warehouse Manager
Central File
Aincrica's Galvivay lo 1he Guysiream
Page 82 of 270
BDREMBROIDERY AND SILK SCREENINW1
Contract Renewal Period: DECEMBER 4, 2015 THROUGH DECEMEBER 3
C016
Agreement between the City of Boynton Beach, and Special Products Group;
Yes, I agree to extend the existing Bid for the Annual Supply for Embroidery and Silk
Screening under the same Terms and Conditions for an additional year: December 4,
2015 through December 3, 2016.
No, I do not wish to renew the agreement for the following reason(s):
NAME OF REPRESENTATIVE
(please print)
13, sv
DATE
SIGNATUat
Uy
0, 4,1
TITLE
(AREA CODE) TELEPHONE NUMBER
Apnerica 's Gateway to the GeOh-ccan
Page 83 of 270
The City of
1Z
N ounton Beach
FinancelProcurement Services
100 E. Boynton Beach Boulevard
P.O. Box310
VoYnton Beock-F1qcKv-3-M25-.Q—W
Telephone No: (561) 742-6310
FAX: (561) 742-6316
RE: "FIVE YEAR CONTRACT FOR FINANCIAL ADVISORY SERVICES`
RFP No.: 067-1410-IO/JMA
111, 7711 11"11111 IIIIII11111111111IpIl,
Yes, I agree to renew the Consultant Agreement under the same terms, conditions, a
rates for an additional year.
PUBLIC FINANCIAL W
0
NAME OF REPRESENTATIVE
(please print) I
1116115 —
dATE"' I
E-MAIL: kcaecl a) vkh.cz-)nn
America's Gateway to the Gulf Stream Page 84 of 270
FinancelProcurement Services
100 E Boynton Beach Boulevard
P.O. Box 310
M,_t
Telephone No: (561) 742-6310
FAX- (561) 742-6316
am M
0rlando,FL 32801
RE: "FIVE YEAR CONTRACT FOR FINANCIAL ADVISORY SERVICES"
RFP No.: 067-1410-I1IJMA
F, I �-i A�n # *-
The Five Year Consultant Agreement for Financial Advisory Services with PFM expires
November 2, 2015. This Agreement has two (2) one-year renewals available.
We apologize for the late notice, but the City of Boynton Beach would like to renew the
Consultant Agreement with Public Financial Management, Inc. (PFM) with the same terms,
conditions, and rates for an additional one-year period.
Please indicate your response on the following page and return it to me at your earliest
convenience. Also please include an updated Certificate of Insurance naming the City of
Boynton Beach as an "Additional Insured". If you should have any questions, please do not
hesitate to contact me at (561) 742-6311.
Tim W. Howard
T �r
A LA�1rA1AA&4r__ARrPhI *
Z17Z I in,
Page 85 of 270
The City of
Botinton Beach
Finance/Procurement Services
100 E. Boynton Beach Boulevard
P.D. Box 310
Boynton Beach, Florida 33425-0310
Telephone No; (561) 742-6310
FAX: (561) 742-6316
Bid Name: "TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES"
Current Bid No.: 078-2511-131JMA
Agreement between the City of Boynton Beach, and IMAGE JANITORIAL SERVICES, INC,
Bid Renewal Period: December 21, 2015 to December 1, 2016
�es, I agree to renew the existing Bid under the same terms, conditions and
pricing for a one-year term.
Yes, I agree to renew the existing Bid under the same terms, conditions, for the one-year
term with the following requested increase:
No, I do not wish to extend the contract for the following reason
IMAGE JANITORIAL SERVICES, INC.
NAME OF COMPANY
TIMOTHY B. WILSON
NAME OF REPRESENTATIVE
(please print)
DATE
SIGNATURE
TITLE
-� ��_ e V0
(AREA CODE) TELEPHONE NUMBER
E-MAIL: { � � � � �✓L► ��`"^ .
America's Gateway to the Gulf Stream Page 86 of 270
M
CONSENTAGENDA
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION:
Approve an Amendment to Task Order #U -1A-07 with Globaltech, Inc. for Electrical Engineering Support
Services in the sum of $50,000 giving a revised total of $59,500. These services are provided under the
General Consulting Services Agreement RFQ # 017-2821-14/DJL as approved by Commission on August 1,
2104.
EXPLANATION OF REQUEST:
Task Order #U -1A-07 was issued to provide Electrical Engineering Services for existing projects, to assist with
a recent vacant staff position that was previously responsible for electrical engineering. The Utility has a major
construction project underway to modernize the East Water Treatment Plant (EWTP) and expand treatment
capacity. The project is at a stage when the engineers are requesting Utility approval of multiple submittals
covering Electrical and Control specifications and design drawings. In order to meet the project schedule the
Utility has a brief response time to signify approval of the submittals. Because there is no Utility Electrical
Engineer on staff it is necessary to seek outside assistance in order to meet the project deadlines. These
services will also be used for any routine engineering needs of the utility.
The Task Order was originally set up with the belief that the vacancy would have been filled relatively quickly.
Unfortunately it had proved difficult to find a suitable candidate and it is therefore necessary to increase the
contract value. The position vacancy is currently posted until filled. The funds requested will only be used on
an as needed basis until we have filled the vacancy.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
This Task Order is required to support ongoing Utility operations and to ensure timely review of major project
design submittals.
FISCAL IMPACT. Budgeted Funds for this Task Order are available from account 401-2821-536.31.90
ALTERNATIVES: The alternative is to wait until the vacancy has been filled and accept the fiscal
consequences of late completion of projects and other work, which may add to the costs of the projects.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Page 87 of 270
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
D Addendum
REVIEWERS:
Department
City Clerk
Finance
Legal
City Manager
Description
Page 88 of 270
Task Order U- 1 A-07 Amendment
Reviewer
Action
Date
Pyle, Judith
Approved
11/23/2015 - 10:53 AM
Howard, Tim
Approved
11/23/2015 - 11:07 AM
Swanson, Lynn
Approved
11/24/2015 - 3:17 PPA
LaVerriere, Lori
Approved
11/25/2015 - 7:57 AM
Page 88 of 270
November 20, 2015
Mr. Michael R.T. Low, C.Eng.
Manager, Technical Services
City of Boynton Beach
Boynton Beach Utilities
124 East Woolbright Road
Boynton Beach, FL 33435
Dear Mr. Low:
Engineers • Contractors
6001 Broken Sound Pkwy NW, Suite 610
Boca Raton, Florida 33487
Phone: 561.997.6433; Fax: 561.997.5811
Subject: Task Order #U -1A-07 - Amendment 1 / Electrical Engineering Support Services
At the request of the City, Globaltech is submitting this Amendment to our Task Order for
Electrical Engineering Support Services. Globaltech will be working in cooperation with our
team member (DcR Engineering Services, Inc.) to provide requested engineering support. A
Scope of Work and rate schedule provided by DcR is included with this proposal.
Task Order #U -1A-07 was approved by the Utility Director in September 2015 to assist with a
vacated staff position. The position remains unfilled and the Utilities Department requires
additional electrical support to review ongoing projects at the East Water Treatment Plant.
This Task Order will be administered on a time and materials basis and can be amended or
cancelled at any time. This amenedment provides an additional $50,000 of funding raising the
total fee for Task Order #U -1A-07 to $59,500.
Please review our attached proposal and call me if you have any questions.
Very truly yours
Rick Olson, P.E.
Client Services Manager
Page 89 of 270
TASK ORDER #U -1A-07 / Amendment 1
CITY OF BOYNTON BEACH
GENERAL CONSULTING SERVICES
SCOPE OF WORK
FOR
ELECTRICAL ENGINEERING SUPPORT SERVICES
INTRODUCTION
City of Boynton Beach (CITY) entered into an AGREEMENT entitled General Consulting Services
RFQ No. 017-2821-14/DJL (CONTRACT) with Globaltech, Inc. (CONSULTANT) to provide
engineering services for various general activities, approved by the Boynton Beach City
Commission on August 1, 2014. This Task Order will be performed under that AGREEMENT.
SCOPE OF SERVICES
Task Order #U -1A-07 was approved by the Utility Director in September 2015 to assist with a
vacated staff position. The position remains unfilled and the Utilities Department requires
additional electrical support to review ongoing projects at the East Water Treatment Plant.
The CITY has requested an amendment to Task Order #U -1A-7, under Scope A of the
AGREEMENT for the CONSULTANT to continue to provide Electrical Engineering Support
Services to the City's Utility Department. Work will be conducted by DcR Engineering Services,
Inc., (SUBCONSULTANT), however, may be supplemented by CONSULTANT's local staff to
improve efficiency.
CONSULTANT shall provide general project administration and coordination for the duration of
the PROJECT. CONSULTANT shall also provide the contracting mechanism to have DcR
Engineering Services, Inc., provide the requested work. CITY shall contact and request services
directly through SUBCONSULTANT. SUBCONSULTANT shall in turn provide a brief summary of
the requested work and estimated level of effort to both the CITY and CONSULTANT.
CONSULTANT will the monitor our expenditures and notify the CITY as we approach the budget
limit.
PROJECT PERSONNEL
The CONSULTANT proposes that Rick Olson serve as the project manager and facilitator. In the
event that local electrical engineering services are requested, Nico Shaner will assist
SUBCONSULTANT (resumes previously provided).
DELIVERABLES
Deliverables for this project have not been defined, however, may include permits, design
drawings, specifications, assistance with equipment purchases, field inspections, submittal review
and review of design drawings prepared by others. CITY will authorize specific tasks and
estimated expenses prior to implementation.
Page 90 of 270
ASSUMPTIONS
1. A brief correspondence will be prepared summarizing any request for services along
with associated costs. CITY will authorize all services by DcR prior to
implementation.
2. CITY shall provide access to drawings, equipment and staff necessary as necessary
to perform work.
3. No construction bonds will be required for work.
4. Electrical construction or repair work will be performed by others.
COMPENSATION
Rate Schedules for Globaltech and DcR Engineering Services, Inc., are provided in Attachment
A. Compensation for this Task Order #U -1A -07 -Amendment 1, will be on a time and materials
basis. This Amendment 1 requests a fee increase of $50,000 raising the Task Order budget to
$59,500. The project fee may be utilized in part or in whole at the OWNER's discretion.
ATTACHMENT A - Rate Schedules
Page 91 of 270
ATTACHMENT A - RATE SCHEDULES
- Globaltech, Inc.
- DcR Engineering Services, Inc.
Page 92 of 270
SCHEDULE OF PROFESSIONAL FEES
The Price Proposal shall establish hourly rates for each classification listed. This list is not comprehensive
of all classifications required therefore additions and deletions may be necessary. There may be
overlapping of the classifications listed for sub -consultants, In those cases, the mark-up line item will apply.
SCOPE CATEGORY "A"
ITEM
NO.
CLASSIFICATIONS
HOURLY RATE
1.
Project Director (Principal)
$218
2.
Client Service Manager
$204
3.
Senior Project Manager
$218
4.
Project Engineer
$162
S.
Senior Structural Engineer
6,
Structural Engineer '
7.
Senior Mechanical Engineer
$189
8.
Mechanical Engineer
$158
9.
Electrical Engineer
$162
10.
Senior Electrical Engineer
$184
11.
Electrical Technician
12.
Scientist
13,
Senior Engineer/Hydrogeologist
$204
14.
EngineerlHydrogeologist (Technical Specialist)
15,
Graphic Designer
19,
Senior Graphic Designer
$95
17.
Surveyor
18.
Lead Surveyor
19.
Chief Surveyor
20,
EngineeringlSurvey Technician
21.
Senior Field Representative (Professional)
$204
22.
Construction inspection Technician
$131
23.
Construction Inspector
24.
Construction Manager
$160
25.
Contract Administrator
26.
GIS Specialist
27.Senlor
Inspector
Page 93 of 270
28.
1 GPS EqulpmentlCrew
29.
Senior Administrative Support
$100
30.
Administrative Support
$63
31.
Paraprofessional
$5Y
32.
Aerial Photogrammetry
33.
Computer Systems Analyst
34.
Financial Services
35.
Instrumentation and Control Services
$147
36.
Data Acquisition and Control Services
Direct Cost — Mark-up % Sub -Consultants
15%
Page 94 of 270
SERVICES Inc.
Date: 9/29/2015
Mr. Rick Olson
6001 Broken Sound Parkway NW
Suite 610
Boca Raton, FL 33487
Office (561) 997-6433
Mobile (954) 647-9530
Re: City of Boynton Beach Electrical Engineering Support (Revised 09/29/15)
Dear Mr. Rick Olson P.E.
3110 Cherry Palm Drive Suite 290
Tampa, Florida 33619
Telephone 813-418-3340
Fax 813-418-3355
The purpose of this letter is to offer electrical engineering support services to CITY OF BOYNTON BEACH
at the East plant on a, time and material basis.
DcR is currently performing engineering and programming at the CITY OF BOYNTON BEACH utilities
department. Considering our depth of resources and experience, we will provide a significant
contribution to the success of the project.
Thank you for your interest in DcR Engineering Services, Inc. as a value-added resource for professional
engineering services.
Sincerely,
Jim Hall
Electrical Engineer
This proposal contains intellectual property of DcR Engineering Services, Inc. All ideas, designs, arrangements,
and financial projections are intended only for the use of Client. All information is to be considered privileged and/or
confidential. Distribution or copying of this document is strictly prohibited.
Page 95 of 270
® DCR Engineering Page 2 of 2
SERVICES Inc. September 29, 2015
OVERVIEW
Globaltech has requested a proposal for electrical engineering support for the City of Boynton Beach
expansion project.
BASIS OF PROPOSAL
Time and material based on $95.00 per hour for "Electrical Engineering" support with documented support
task outline. This task order will not exceed $8000.00 without review and approval by both parties, DCR
Engineering Services and Globaltech Inc.
SCHEDULE
Upon receipt of a purchase order or authorization to proceed, DcR Engineering Services, Inc. will provide the
client with engineering support services for the duration of the East Plant expansion project.
Project Start Date:
1. When Purchase Order is received.
QUALIFICATIONS
1. DCR will man load this project for maximum success. We have not included ramp up and ramp down
time for the staff due to extended delays by Client.
DcR Engineering Services, Inc. is not responsible for engineering by others.
EXCLUSIONS
1. Sales and Use Taxes.
PRICING
DcR will perform the services described above for $95.00 per hour based on the rate sheet submitted
September 18, 2015, it is not anticipated the other area disciplines will be involved based on the
knowledge of the project and conversations with the City of Boynton Beach.
TERMS AND CONDITIONS
1. Payment terms are Net 30 days from date of invoice.
2. Invoicing will be (weekly) based on the approved task for a given week.
3. The services to be performed by DcR Engineering Services, Inc. under this agreement are
intended solely for the benefit of Client. Nothing contained herein shall confer any rights upon or
create any duties on the part of DcR Engineering Services, Inc. or any officer, director, or
employee of DcR Engineering Services, Inc. toward any person or persons limited to any
contractor, supplier, or the agents, officers, employees, insures, or sureties of them.
This proposal contains intellectual property of DcR Engineering Services, Inc. All ideas, designs, arrangements,
and financial projections are intended only for the use of Client. All information is to be considered privileged and/or
confidential. Distribution or copying of this document is strictly prohibited.
Page 96 of 270
7.A.
BIDS AND PURCHASES OVER $100,000
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-149 -Authorize the City
Manager to sign two (2) Task Orders with CH2M, Task Order R13-063-08 in the amount of $166,834,58 for the
purpose of evaluating groundwater conditions and Task Order R13-063-09 in the amount of $47,126.26 for the
design and oversight of landfill cover repair. These task orders are in accordance with the City's
"Hydrogeological Consulting Services Agreement" extension that was approved by the Commission on August
8, 2015.
EXPLANATION OF REQUEST:
The City of Boynton Beach began operating a landfill, located in unincorporated Palm Beach County east of
the Boynton Beach Municipal Golf Course, in 1958. Formerly, the landfill property was owned by Palm Beach
County and served as a sand borrow pit. The landfill was utilized for disposing City generated municipal waste
and served as a drop off location for residents until the late 1970's . The landfill remained open for landscape
waste until 1984. Beginning in 1988, through appropriate permitting with the Health Department, the sought
City to obtain approved closure of the landfill. This will ultimately granted in 1992. These actions included
installation of a liner and new cover. The closure in 1992 required an additional 20 years monitoring of sub-
surface ground water conditions.
In order to endeavor to achieve final landfill closure and eliminate monitoring activities, the City must complete
two critical steps. Each step requires use of professional engineering and hydrogeological services. CH2M
has been performing groundwater monitoring as part of the Hydrogeological Services contract dated August
19, 2013 thus is highly qualified to complete this work. Discussion of the two task orders is as follows:
Task Order R13-063-08 - $166.834.58
This work contemplates continued evaluation of groundwater conditions with an emphasis on identification of
the source of arsenic. Groundwater data gathered since 2006 suggests that arsenic is likely not generated by
the landfill and CH2M has hypothesized that the arsenic may be naturally occurring in this area. The Health
Department has agreed this may be possible but additional hydrogeological data is necessary to prove this
theorem. Therefore this task order contemplates drilling monitoring wells on the City Golf Course and the
associated hydrogeological analysis of the movement of arsenic underground.
Task Order R13-063-09
This task order provides professional design and oversight services for the creation of bid documents to repair
the landfill cover according to Health Department Standards. This task requires expertise that is not vested in
City staff. Landfill repair will follow in spring 2016 under a separate construction contract.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Both task orders will move the City towards
ultimate close out of landfill monitoring requirements in the future.
FISCAL IMPACT. Budgeted
Each of these items are budgeted in the Solid Waste Operating Budget, line item 431-2515-534-49-17.
Landfill Monitoring = $165,000
Landfill Cap Repair = $160,000
Page 97 of 270
Note that funds remain for construction services on the landfill cap repair.
ALTERNATIVES: Take no action and risk non-compliance with the Health Department.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type
D Resolution
D Addendum
D Addendum
D Addendum
REVIEWERS:
Department
Public Works -Engineering
Finance
Legal
Finance
City Manager
Description
Resolution approving hivo landfill Task Orders with
CH2KA
Aerial Plan
R1 3-063-08
R1 3-063-09
Reviewer
Action
Date
Livergood, Jeffrey
Approved
11/20/2015 - 8:46 AM
Howard, Tim
Approved
11/20/2015 - 12:02 PPA
Swanson, Lynn
Approved
11/24/2015 - 10:31 AM
Howard, Tim
Approved
11/24/2015 - 12:40 PPA
LaVerriere, Lori
Approved
11/24/2015 - 2:39 PPA
Page 98 of 270
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RESOLUTION NO. R15 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING TWO TASK ORDERS WITH C112M FOR
THE PURPOSE OF EVALUATING GROUNDWATER
CONDITIONS, TASK ORDER R13-063-08 AND FOR THE DESIGN
AND OVERSIGHT OF LANDFILL COVER REPAIR, TASK
ORDER R13-063-09, BOTH OF WHICH ARE IN ACCORDANCE
WITH THE CITY'S HYDROGEOLOGICAL CONSULTING
SERVICES AGREEMENT EXTENSION THAT WAS APPROVED
BY THE CITY COMMISSION; AUTHORIZING THE CITY
MANAGER TO SIGN THE TASK ORDERS ON BEHALF OF THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Task Order R13-063-08, in the amount of $166,834.58, contemplates
continued evaluation of ground water conditions with an emphasis on identification of the
source of arsenic; and
WHEREAS, Task Order R13-063-09 in the amount of $47,126.26 provides
professional design and oversight services for the creation of bid documents to repair the
landfill cover according to Health Department Standards; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve Task Orders R13-063-08 in the amount of $166,834.58 and Task
Order R13-063-09 in the amount of $47,126.26, both with CH2M regarding the landfill.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission hereby approves Task Order R13-063-08 in the
CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\A83EACAC-5376-44A4-A2A5-07E8BF5CADB3\Boynton Beach. 2251.1.Task_Orders = _CH2M=
Landfill - Reso.doc
Page 99 of 270
32 amount of $166,834.58 and Task Order R13-063-09 in the amount of $47,126.26, both with
33 CH2M regarding the landfill and authorizes the City Manager to sign the Task Orders,
34 copies of which are attached hereto as Exhibits "A." and "B"
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of , 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)
YES NO
CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\A83EACAC-5376-44A4-A2A5-07E8BF5CADB3\Boynton Beach. 2251.1.Task_Orders = _CH2M=
Landfill - Reso.doc
Page 100 of 270
Task Order No. R13-063-08
Professional Hydrogeologic Services for Investigating the
Origin of Arsenic in Groundwater at the City of Boynton Beach
Landfill, Palm Beach County Health Department Permit 124522-
005 -SF
A. Background
Since 2006 groundwater sampled semiannually at monitoring wells surrounding the City of
Boynton Beach (City) Municipal Landfill (BBLF) has displayed concentrations of arsenic
exceeding the Florida Department of Environmental Protection's (FDEP) Groundwater Cleanup
Target Level (GCTLs) of 10 micrograms per liter (µg/Q. Over the monitoring period, the highest
concentrations were observed in MW -12, reaching a maxima of 311 µg/L in October 2007.
Under FDEP Solid Waste Permit No. 124522 -005 -SF, BBLF completed a 20 -year period of post
closure monitoring in February 2012, followed by multiple extensions, which include ongoing
semiannual sampling events. As specified under Florida Administrative Code (FAC)
Chapters 62-701 and 403, following post -closure monitoring, if concentrations of water quality
constituents remain above the GCTLs, FDEP may require the facility to undergo compliance
evaluation and corrective action measures. These measures can involve expensive, long term
actions including the remediation of groundwater, until constituent concentrations meet
GCTLs.
However, a groundwater study funded by the City at the adjacent (west) Links at Boynton
Beach golf course in 2012 revealed similar results to BBLF, with concentrations of arsenic in
groundwater exceeding GCTL's at six of 12 monitoring wells involved in the study. Moreover,
concentrations in monitoring wells from the golf course exceeded the historic maxima at the
BBLF by over one order of magnitude. Similarly, an investigation of arsenic in groundwater
samples from local (supply and monitoring) wells contained in the National Water Institute
System (NWIS) and DBHYDRO databases maintained by the United States Geological Survey
(USGS) and South Florida Water Management District, respectively, revealed multiple wells
exhibiting arsenic concentrations exceeding the GCTL. Maximum concentrations obtained from
the databases reached 207 ug/L, at a well less than five miles east of BBLF.
Constituents analyzed in characterizing the geochemistry of the shallow groundwater at the
golf course, and the NWIS and DBHYDRO databases suggests conditions are favorable to the
reductive dissolution of iron, a major contributor to elevated arsenic concentrations in
groundwater worldwide. Arsenic occurs naturally in groundwater from shallow aquifers,
comprised of recent sediments, in large regions of Bangladesh, West Bengal, Taiwan, and
Cambodia, along with areas of the United States (northern New York, New Hampshire,
Wisconsin, Minnesota, and California). A natural origin for arsenic in groundwater holds
important implications for post -closure activities at BBLF, particularly regarding potential future
remedial measures required of the City.
Page 102 of 270
The appearance of elevated concentrations at BBLF, the gold course, and the surrounding area
(NWIS and DBHYDRO databases) implies a more wide-ranging natural cause for arsenic in
groundwater than potential anthropogenic causes at BBLF. To test this hypothesis, in late 2013
the City funded development of a sampling plan designed to characterize geochemical
conditions in groundwater at BBLF and their contribution to the natural occurrence of arsenic.
The Palm Beach County Board of Health (PBCBH) and Florida Department of Environmental
Protection (FDEP) reviewed and endorsed the sampling plan with minimal comment.
This proposal describes the scope of work, costs, and schedule for CH2M to execute the field
investigation outlined in the sampling plan. Comprising four quarters of groundwater
sampling, the investigation will follow the FDEP's Guidance for Comparing Background and Site
Chemical Concentrations in Groundwater (Guidance), in demonstrating that elevated arsenic in
groundwater represents an ambient condition in the Surficial Aquifer. The investigation will
also focus on the geochemical origins of arsenic in groundwater.
The original sampling plan submitted to PBCHD in September 2013 described 12 monitoring
wells including the eight monitoring wells from BBLF, and four (MW -2 through 4, and MW -8)
from the golf course. As part of the BBLF study, the four monitoring wells from the golf course
complied with FDEP's Guidance for Comparing Background and Site Chemical Concentrations in
Groundwater, which requires three monitoring wells located hydraulically up or side gradient
from the subject facility and intended to monitor ambient water quality in the subject aquifer.
Water quality from the ambient wells are combined in statistical analyses with analytical data
from wells at the facility. The fourth well provides an additional point for characterizing
ambient water quality, or an alternative to one of the other three wells for applying the
analyses.
The golf course monitoring wells involved in the 2012 study were abandoned, including the
wells selected for BBLF's arsenic study, during summer 2014. Although conducting the study
without the wells from the golf course can still reliably determine the geochemical origin of
arsenic, the study will not fit into a regulatory framework that supports proclaiming a natural
origin for arsenic, and reducing the City's future obligations. Accordingly, to meet the
requirements of FDEP's guidance, CH2M will install four replacement monitoring wells at the
golf course within 5 to 10 feet of the former locations of MW -2 through 4, and MW -8.
B. Scope of Services
CH2M's scope of work will consist of the following five tasks:
Task 1- Prepare for Drilling and Sampling Events
Task 2- Install Monitoring Wells at the golf course
Task 3 -Conduct Quarterly Sampling Events
Task 4 -Data Reduction and Analysis
Task 5 -Prepare Investigation Report
Task 6- Regulatory Support
Page 103 of 270
Task 1 Prepare for Drilling and Sampling Events
Task 1 will entail preparing personnel and equipment for the four quarters of sampling at BBLF. This
effort will involve the following activities:
• Conducting a site visit to BBLF and the golf course
• Locating monitoring wells at the golf course
• Obtaining pricing and subcontracting a laboratory licensed in Florida
• Obtaining pricing and subcontracting a drilling contractor licensed in Florida
• Procuring sampling equipment
• Obtaining instrumentation to measure important field chemistry parameters
• Obtaining access to locations on the golf course
Properly preparing for installing four monitoring wells and the quarterly sampling investigation will
ensure that field efforts will proceed with minimal concerns, or problems. Conducting a site visit will
prove important in siting the replacement monitoring wells, identifying methods to measure
synoptic water levels, efficiently sampling monitoring wells at both sites, and disposing of purge
water.
Task 2 Install Monitoring Wells at the Links at Boynton Beach Golf Course
After subcontracting a qualified drilling firm, CH21VI personnel will supervise the installation of the
four new monitoring wells adjacent to the former locations of MW -2, MW -3, MW -4, and MW -8 at
the golf course, re -designating the well numbering as MW -2R, MW -3R, MW -4R, and MW -8R. Wel
depths and screen lengths will reproduce the elevations and dimensions of the original wells,
respectively. Qualified CH21VI staff will describe the lithology of samples recovered during drilling,
and supervise construction of the monitoring wells.
A critical element of a groundwater monitoring program will entail collecting samples free of
sediment and turbidity. Accordingly, the driller contractor will execute an aggressive mechanical
development effort involving both swabbing and pumping techniques. CH21VI personnel will
oversee development of each monitoring well. Obtaining the most representative samples may
require developing a single monitoring well for one to two days.
CH21VI will prepare a memorandum describing the drilling, monitoring well installation and
development activities. The memorandum will contain boring logs with lithological descriptions,
monitoring well construction diagrams, and development forms.
Task 3 Conduct Quarterly Sampling Events
Under Task 2, CH21VI will conduct four quarters of groundwater sampling over a 12 -month period.
CH21VI will collect samples from the eight remaining monitoring wells at BBLF, and MW -2, MW -3,
MW -4, and MW -8 at the golf course (Table 1). These quarterly sampling events will supplant the
post -closure monitoring sampling over the 12 -months of this study.
In addition to the 12 groundwater samples, CH21VI personnel will collect one field duplicate, a matrix
spike/matrix spike duplicate (MS/MSD) and one equipment blank during each of the four quarterly
events. The MS/MSD will get collected at the same monitoring well as the field duplicate. Prior to
each sampling event, personnel will collect one equipment blank by passing distilled water through
the tubing used with the peristaltic pump to purge the monitoring wells.
Page 104 of 270
In following FDEP's Guidance for Comparing Background and Site Chemical Concentrations in
Groundwater, the field investigation will incorporate a minimum of three background monitoring
wells set in the Surficial Aquifer located side or up -gradient from BBLF, quarterly samples collected
over one year, along with simple and statistical evaluation of site and background data.
A Florida -certified laboratory will analyze all samples for total arsenic and dissolved arsenic over
each of the four quarters. Samples collected during the first and fourth quarters, will get analyzed
for a comprehensive list of water quality parameters, with a smaller list of analytes for the second
and third quarters (Tables 2 and 3). CH2M will purge the wells according to most recent version of
the FDEP Standard Operating Procedure (DEP-SOP 001/01), dated March 2008. The crews will
discharge purge water onto the ground surface topographically downgradient of each monitoring
well.
Sampling crews will measure and record important water quality parameters on the field parameter
data sheets. These parameters will include temperature, pH, conductivity, DO, oxidation-reduction
potential (ORP), sulfate, sulfide, total iron, ferrous iron, manganese, alkalinity, and turbidity.
Moreover, the sample crews will measure the depth -to -water to water at each well over the four
quarterly sampling events. The surface water stations at SW -E-3 and SW -L-20 will remain in service
for obtaining surface water elevations.
Page 105 of 270
TABLE 1
Summary of Monitorine Wells Used for the Stud
BBLF
Links at Boynton Beach Golf Course
MW -12
MW -2 R
MW -15
MW -3 R
MW -18
MW -4 R
MW -19
MW -8 R
MW -A-3
MW -B-3
NTU
MW -C-3
Field Sulfate
MW -D-3
250
TABLE 2
Summary of Field and Laboratory Water Quality Test Results — Quarters 1 and 4
Sample ID Constituent Units Federal Drinking Water Standards
pH
Eh (corrected)
standard units
my
6.5-8.5
Specific Conductivity
emhos
Dissolved Oxygen
mg/L.
Temperature
°C
Turbidity
NTU
Field Sulfate
mg/L.
250
Field Iron (ferrous)
mg/L.
0.3
Field Iron (total)
mg/L.
0.3
Field Manganese
mg/L.
0.05
Field Alkalinity
mg/L.
Field Sulfide
mg/L.
Aluminum dissolved
mg/L.
0.2
Aluminum total
mg/L.
0.2
Arsenic dissolved
mg/L.
0.005
Arsenic total
mg/L.
0.005
Iron (dissolved)
mg/L.
0.3
Iron (total)
mg/L.
0.3
Manganese dissolved
mg/L.
0.05
Manganese total
mg/L.
0.05
Magnesium total
mg/L.
5
Page 106 of 270
TABLE 2
Summary of Field and Laboratory Water Quality Test Results — Quarters 1 and 4
Sample ID Constituent
Units
Federal Drinking Water Standards
Potassium total
mg/L.
Sodium total
mg/L.
50
Calcium total
mg/L.
Sulfate
mg/L.
250
Chloride
mg/L.
250
Alkalinity
mg/L.
250
Ortho -Phosphate
mg/L.
0.3
Total Phosphorous
mg/L.
0.3
Nitrate as N
mg/L.
10
Total Kjeldahl Nitrogen
mg/L.
Ammonia
mg/L.
Fluoride
mg/L.
2.0
Silica
mg/L.
Total organic carbon
mg/L.
Total dissolved solids
mg/L.
500
Total suspended solids
mg/L.
Hardness
mg/L.
TABLE 3
Summary of Field and Laboratory Water Quality Test Results — Quarters 2 and 3
Sample ID Constituent Units Federal Drinking Water Standards
pH
standard units
6.5-8.5
Eh (corrected)
my
Specific Conductivity
emhos
Dissolved Oxygen
mg/L.
Temperature
°C
Turbidity
NTU
Field Sulfate
mg/L.
250
Field Iron (ferrous)
mg/L.
0.3
Field Iron (total)
mg/L.
0.3
Field Manganese
mg/L.
0.05
Field Alkalinity
mg/L.
Field Sulfide
mg/L.
6
Page 107 of 270
TABLE 3
Summary of Field and Laboratory Water Quality Test Results — Quarters 2 and 3
Sample ID Constituent Units Federal Drinking Water Standards
Arsenic dissolved mg/L 0.005
Arsenic total mg/L 0.005
Task 4 Data Reduction and Analysis
Characterizing the results of the field investigation data from Task 2 represents an important step in
determining the origin of arsenic in groundwater at BBLF. Accordingly, Task 3 will entail evaluating
hydrologic results, statistical analyses following FDEP's guidance, geochemical evaluations of redox
conditions, potential arsenic bearing minerals, and mechanisms for arsenic release.
Analysis of hydrologic results will comprise characterizing groundwater flow directions, and
hydraulic gradients for individual sampling events, along with the changing potentiometric surfaces
over the four events. Most importantly, CH2M will describe the hydrologic relationship between the
BBLF and the golf course to document that the upgradient monitoring wells remain the same for
each event.
Upon receipt of sample results from the laboratory, CH2M's project chemist will validate the data to
verify that proper field, sample management, and laboratory protocols were followed. After
validation, evaluation of the water quality data will involve applying deterministic statistics (mean,
mode, median, standard deviation, etc.), and other tests to better understand temporal trends in
selected parameters. In following FDEP's Guidance, project personnel will review laboratory data for
arsenic using the "Simple Approach for Comparing Site and Background Data" along with a statistical
approach like the student — t test, or the Mann-Whitney Test. Both techniques can test the null
hypothesis when comparing two populations.
As data from the golf course, NWIS, and DBHYDRO suggests elevated arsenic is related to the
reductive dissolution of iron, CH2M will apply several analytical techniques to evaluate redox
conditions at BBLF. In addition to field measurements of the oxidation-reduction potential (ORP),
CH2M will employ a method developed by Stuyfzand (1993) and the Redox -Assignment program
(McMahon et Al, 2009) in identifying the prevalent redox processes.
CH2M may evaluate release mechanisms for arsenic (ex: sulfide oxidation, reductive dissolution of
iron, competitive adsorption, desorption with elevating pH, etc.) using thermodynamic equilibrium
models like PHREEQC (Parkhurst, 1994), or MINTEQA2 (Allison, 1991). By calibrating the models to
conditions at BBLF, CH2M can run simulations that predict how arsenic concentrations respond to
varying geochemical conditions. As an example, the redox chemistry of groundwater can vary with
seasonal changes in recharge and water table elevations, causing arsenic concentrations to
fluctuate. Calibrating a model like PHREEQC to site conditions allows predicting a range of arsenic
concentrations with time.
CH2M will test the sensitivity of the modeled solution to changes in critical input parameters. Using
this approach, sensitivity testing will quantitatively assess the uncertainty of the modeled solution.
Page 108 of 270
Task 5 Prepare Investigation Report
CH2M will prepare a draft groundwater investigation report following collection of the fourth
quarterly round of sampling. The report will contain the results of synoptic surveys, water quality
sampling, a geochemical evaluation, modeling, and recommendations for future activities. CH2M
will submit one electronic and five hard copies of the report to the City for review by the staff of the
engineering department, Palm Beach County Health Department (PBCHD) and FDEP. We will
incorporate comments into a final version of the report, and submit one electronic, and five hard
copies to the City.
Task 6 Regulatory Support
Under Task 5, CH2M will provide the City with regulatory support as required during this project. For
costing purposes, we assume CH2M will perform the following activities during Task 5:
• One telephone conference (2 hours) with regulators from PBCHD and/or FDEP prior to
initiating field work.
• Preparing a memorandum following each sampling event (4 memoranda), containing
tabulated field and laboratory chemistry data.
• Responding to requests for information (5), or questions from PBCHD and FDEP during the
12 -month sampling interval.
• Conducting a meeting (1) with the City, PBCHD, and FDEP following the field investigation to
report tentative sampling results.
• Responding to comments on the Draft Investigation Report from Palm Beach County and
FDEP.
• Negotiating with regulators from PBCHD and FDEP on final closure activities at BBLF
Should sampling turn out as expected, the crucial important element of Task 5 will involve
convincing PBCHD and FDEP that arsenic in groundwater at BBLF originates from naturally -occurring
causes, and accordingly, no active remedial measures are required.
C. Assumptions
This estimated cost is based on the following assumptions:
• The CITY will assist CH2M personnel in gaining access to drilling locations for MW -2R, MW -
3R, MW -4R and MW -8R and then the completed monitoring wells for sampling.
• CH2M personnel will conduct all field sampling activities.
• CH2M will subcontract a drilling contractor licensed in the state of Florida to drill and install
the monitoring wells.
• CH2M will subcontract a laboratory certified in the state of Florida to analyze four quarters
of sampling.
• CH2M will manage and verify validity of analytical data.
Page 109 of 270
CH2M will prepare a brief memorandum after installing the monitoring wells describing
drilling, installation, and development activities. The memorandum will include boring logs,
monitoring well construction diagrams, and development forms.
• CH2M will prepare a brief memorandum following each quarterly sampling event including a
summary table of water quality, Florida Drinking Water Standards and exceedances;
CH2M will supply an electronic copy, along with five hard copies of the draft and final to the
CITY for delivery to PBCHD;
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement
titled Hydrogeological Consulting Services, dated August 19, 2013, between the CITY of Boynton
Beach and CH2M HILL Engineers, Inc.
E. Compensation
Compensation by the CITY to the CONSULTANT will be on a time and materials basis in accordance
with the above-mentioned Agreement. The estimated compensation for the services described in this
Task Order is $ 166,834.58 as shown in Table 1. This fee includes a contingency allowance which may
be used with the approval of the CITY Public Works Director for additional costs associated with this
Task Order.
Page 110 of 270
Table 4
Task
Prepare for Drilling and
Sampling
Monitoring Well Installation
Quarterly Sampling
Data Reduction
Report Preparation
Personnel Rate Hours Total
Office
86
6
$516.00
Junior Engineer
90
28
$
2,520.00
Engineer
120
40
$
4,800.00
Project Manager
138
12
$
1,656.00
Senior
Technologist
192
10
$
1,920.00
Expenses
$
709.20
Office
86
4
$
344.00
Junior Engineer
90
$
-
Engineer
120
120
$
14,400.00
Project Manager
138
16
$
2,208.00
Senior
Technologist
192
24
$
4,608.00
Expenses
$
16,527.60
Office
86
8
$
688.00
Junior Engineer
90
120
$
10,800.00
Engineer
120
120
$
14,400.00
Project Manager
138
24
$
3,312.00
Senior
Technologist
192
12
$
2,304.00
Expenses
$
32,013.80
Office
86
0
$
-
Junior Engineer
90
48
$
4,320.00
Engineer
120
8
$
960.00
Project Manager
138
16
$
2,208.00
Senior
Technologist
192
32
$
6,144.00
Expenses
$
236.80
Office
86
8
$
688.00
Junior Engineer
90
0
$
-
Engineer
120
16
$
1,920.00
Project Manager
138
16
$
2,208.00
Senior
Technologist
192
40
$
7,680.00
Expenses
$
346.00
10
Page 111 of 270
Regulatory Support Office
86
8
$ 688.00
Junior Engineer
90
0
$ -
Engineer
120
32
$ 4,840.00
Project Manager
138
24
$ 3,312.00
Senior
Technologist
192
16
$ 3,072.00
Expenses
$ 318.40
Subtotal
840
$ 151,667.80
Contingency 10% of Subtotal
$ 15,166.78
Total
$ 166,834.58
F. Schedule
CH2M will initiate the drilling and well installation activities within six weeks of receiving a Notice to
Proceed from the City. CH2M will conduct the first quarterly sampling event two weeks after
developing the monitoring wells. We will submit a memorandum to the City containing field and
laboratory chemistry results six weeks after each quarterly sampling event. CH2M will submit a
draft report to the City eight weeks following the fourth quarterly sampling event, and the final
report two weeks after receiving comments from PBCHD, FDEP, and the City.
11
Page 112 of 270
G. Authorization
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Dated this _ day of 2015.
SUBMITTED BY:
CH21VI HILL Engineers, Inc.
By:
Katus Watson, PE
Vice President, Florida Geographic Manager
Dated this _ day of 12015.
12
Page 113 of 270
Task Order No. R13-063-09
Boynton Beach Landfill Post -Closure Maintenance Assistance
A. Background
Since 2010 CH21VI HILL Engineers, Inc. (CH2M) has assisted the City of Boynton Beach (City) with the
preparation and certification of semi-annual groundwater sampling reports for the City's Class I landfill
(Landfill) in accordance with the Palm Beach County Health Department (PBCHD) Permit Number
124522 -005 -SF for post -closure monitoring. Additionally, CH21VI helped the City develop a groundwater
investigation program, accepted by the PBCHD, designed to evaluate a decision to cease long-term
groundwater monitoring. The hydrogeologic investigation is expected to take place during Fiscal Year
2015/16; this investigation is not considered as part of this scope of work.
Concurrently, CH21VI's proposed scope of work in this proposal is aligned with the City's goal to meet
regulatory guidelines by repairing sections of final cover damaged by erosion during the long-term care
period of the City's Landfill. The professional services consist of the following activities, which are
detailed in the Scope of Work:
• CH21VI will conduct a brief site visit to review the findings of the September 3, 2015 Florida
Department of Environmental Protection Inspection Checklist.
• CH21VI will convene a teleconference with Florida Department of Environmental Protection
(FDEP) officials to confirm the process and requirements to obtain regulatory approval for
required remedial actions prior to the City procuring a qualified contractor and commencing
repairs to the final cover system;CH2M will facilitate a teleconference with the City and the Lake
Worth Drainage District (LWDD) to discuss procurement of access approval and to memorialize
any LWDD permit or restoration requirements in the procurement package prepared by the
City;
• CH21VI will prepare a written corrective action plan (CAP) as required by Question 3.4 in the
September 3, 2015 Florida Department of Environmental Protection Inspection Checklist. It is
assumed that the design criteria package including a grading plan will serve as the basis for the
CAP, which will be submitted to FDEP by the City.
• CH21VI will prepare a design criteria package, which will be included in the procurement package
prepared by the City;
• CH21VI will prepare an opinion of probable construction cost based upon estimated quantities.
The estimate will include mobilization / demobilization, granular fill, topsoil, and sod or seed
covering;
• CH21VI will serve as a technical resource during the bid review process; and
• CH21VI will provide limited services during construction including submittal reviews and field
observation necessary to prepare the certification of construction completion documentation at
the conclusion of the project for submission to FDEP.
PAGE 1 OF 7 Page 114 of 270
B. Scope of Services
The scope of services included in this authorization are as follows:
Task 1—Site Visit and Teleconference with FDEP
CH2M will conduct a brief site visit with City staff to review the findings of the September 3, 2015
Florida Department of Environmental Protection Inspection Checklist. CH2M will then facilitate a
teleconference with the City and FDEP to confirm the requirements to obtain regulatory approval for
required remedial actions prior to commencing repairs to the final cover system. CH2M will prepare a
meeting agenda for distribution and discussion with attendees. The teleconference is expected to last
up to two (2) hours. Following the meeting, CH2M will prepare a draft meeting summary, identifying
critical discussion points for review and comment by all participants.
For budgetary purposes, it is assumed the Principal, Senior Project Manager and Project Manager will
participate in the teleconference on behalf of CH2M.
Deliverables
- Agenda, electronic
- Draft and Final Meeting Summary (draft for review by all)
Task 2 —Teleconference with LWDD
CH2M will facilitate and participate in a teleconference with the City and LWDD representatives to
negotiate access approval to the site and address any LWDD requirements in the procurement package
prepared by the City.
For budgetary purposes, it is assumed the Principal and Senior Project Manager will participate on
behalf of CH2M.
Deliverables
- Agenda, electronic
- Draft and Final Meeting Summary (draft for review by all)
Task 3 — Produce Bid Package and Bid Form
CH2M will prepare a written corrective action plan that will serve as the basis for the bid package that
includes construction drawings, technical construction specifications, a site plan that delineates the
work limits and a grading plan. The bid package will be incorporated into the procurement package
prepared by the City.
It should be noted that CH2M will need to obtain current topographic information from the City to
prepare preliminary design drawings. It is assumed that the City will engage a qualified surveying firm to
perform a pre -construction survey. CH2M will provide technical assistance to the City to develop the
scope of work for the selected surveying firm. Using the pre -construction survey, CH2M will develop
plans for construction of the final cover of portions where erosion damage has occurred and will include
standard erosion control drawings or FDOT call outs (e.g., silt fence, hay bales) where needed.
PAGE 2OF7 Page 115 of 270
CH2M will prepare and submit a draft bid package for the City's review and comment. For budgetary
purposes, it is assumed that the Senior Project Manager and Project Manager will participate in a
teleconference with the City following the draft submittal to discuss written comments received from
the City and respond to questions. The City is requested to provide one set of consolidated written
comments prior to the teleconference. CH2M will respond to the City's comments to finalize the bid
package that will be incorporated into the procurement package prepared by the City.
Once the bid package has been approved by the City, CH2M will provide electronic files. CH2M will
prepare a bid form in MS -Word format for inclusion in the City's front-end documents.
Deliverables
— Draft and final corrective action plan.
— Draft and final bid package.
— Bid Form.
Task 4 — Prepare an Opinion of Probable Construction Cost
CH2M will prepare an opinion of probable construction cost based upon estimated quantities. The
estimate will include mobilization/demobilization, granular fill, topsoil, and sod or seed covering. Bid
quantities will be based upon either LS, CY or SY as appropriate.
CH2M will perform a quantity take -off based on the best available information, including the most
recent FDEP Inspection Report.
Deliverable
- Opinion of Probable Construction Cost based upon estimated quantities.
Task 5 — Contractor Selection Assistance
CH2M will assist the City as a technical resource during the bid evaluation phase. Activities include
attending the pre-bid meeting and providing technical input during the evaluation including responding
to bidder questions and preparing addenda. Once bids are received, CH2M will review the bids
submitted and provide a summary for City consideration prior to contractor selection. CH2M will
conduct a teleconference with the City to discuss pro and cons, as well as any outstanding issues related
to CH2M's technical review.
Deliverables
- Attend pre-bid meeting.
- Respond to bidder questions and provide technical input to addenda.
- Prepare draft and final bid evaluation summary memorandum.
PAGE 3OF7 Page 116 of 270
Task 6 — Services During Construction
CH2M will provide services during construction including reviewing and responding to up to fifteen (15)
contractor submittals including the location of the borrow pit(s) where granular material and topsoil will
be obtained. CH2M's field support includes daily observation by one CH2M staff member (4 hours) for
10 days.
Following project completion, CH2M will draft, finalize and submit to FDEP an application for
certification of construction completion, signed and sealed by a professional engineer, at the completion
of this project.
A draft of the application for certification of construction completion will be submitted for review and
comment by the City. CH2M will adjudicate City comments and finalize the application prior to
submission to FDEP. Following submittal to FDEP, CH2M will respond to up to 2 (two) Requests for
Additional information within this task order. Upon acceptance by FDEP, the Certification of
Construction Completion should be placed in the operating record.
Deliverables
- Submittal Review Forms
- Submittal Tracking Log
- Construction Logbook
- Draft and final certification of construction completion for submission to FDEP
- Response to up to 2 (two) Requests for Additional information
C. Assumptions
This estimated cost is based on the following assumptions:
• Additional meetings with the City, FDEP, PBCHD or the contractor are not included in this scope
of services.
• The City will be responsible for satisfying any site access requirements negotiated under Task 2.
• The City will complete the site survey by December 4, 2015.
• The City will be responsible for managing the procurement process and meeting the timelines
presented in the Consent Order.
• The City will review and provide comments on the draft Bid Package and draft Bid Form within
one (1) week of submittal by CH2M.
• The City will be responsible for submitting all required documents to the PBCHD as specified in
the Consent Order.
• CH2M is not responsible for City nor contractor delays that result in penalties specified in the
Consent Order.
• No subcontractors will be utilized by CH2M during the delivery of the scope included herein.
• The City is responsible for continuing the yearly maintenance program implemented for the post
closure monitoring period as specified in the Consent Order.
• If the duration of the selected Contractor's work is greater than the time assumed in this Task
Order or if the City self -performs some of the inspections during construction, the level of effort
for the services during construction may be amended.
PAGE 4OF7 Page 117 of 270
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the Agreement
titled Hydrogeological Consulting Services, dated August 19, 2013, between the City of Boynton Beach
and CH2M Hill Engineers, Inc., as amended.
E. Compensation
Compensation by the City to CH2M will be on a time and materials basis in accordance with the above-
mentioned Agreement. The estimated compensation for the services described in this Task Order is
$47,126.26 as presented in Table 1.
TABLE 1.
TASK HOURS RATE TOTAL
1. Site Visit and Teleconference with FDEP
Engineer 12 $120.00 $1,440.00
Senior Engineer 2 $155.00 $310.00
Senior Project Manager 4 $208.14 $832.56
Expenses $150.00
SUBTOTAL $2,732.56
2. Teleconference with LWDD
Engineer 4 $120.00 $480.00
Senior Engineer 2 $155.00 $310.00
Senior Project Manager 4 $208.14 $832.56
Expenses
SUBTOTAL
3. Produce Design Criteria Package and Bid Tab
Office 6
Engineer 60
Senior Engineer 10
Senior Project Manager 17
Expenses
SUBTOTAL
$86.22
$120.00
$155.00
$ 208.14
4. Prepare an Opinion of Probable Construction Cost
Engineer 14 $120.00
Senior Engineer 2 $155.00
Senior Project Manager 4 $208.14
Expenses
SUBTOTAL
5. Contractor Selection Assistance
$0.00
$1,622.56
$517.32
$7,200.00
$1,550.00
$3,538.38
$0.00
$12,805.70
$1,680.00
$310.00
$832.56
$0.00
$2,822.56
PAGE 5OF7 Page 118 of 270
Office 6
$86.22
$517.32
Engineer 16
$120.00
$1,920.00
Senior Engineer 12
$155.00
$1,860.00
Senior Project Manager 16
$208.14
$3,330.24
Expenses
SUBTOTAL
6. Services During Construction
$100.00
$7,727.56
Office 40
$86.22
$3,448.80
Engineer 80
$120.00
$9,600.00
Senior Engineer 4
$155.00
$620.00
Senior Project Manager 18
$208.14
$3,746.52
Expenses
SUBTOTAL
TOTAL
$2,000.00
$19,415.32
$47,126.26
F. Schedule
CH2M estimates that its scope of work will be completed as presented below in Table 1. Every effort
will be made to expedite the completion of the tasks.
Table 1
Proiect Schedule
Activity
Target Completion Date
Notice to Proceed issued to CH2M
December 2, 2015
Site Visit and Teleconference with FDEP
December 31, 2015
Teleconference with LWDD
January 8, 2016
Draft Bid Package and Bid Form
January 29, 2016
Final Bid Package and Bid Form
February 12, 2016
Submit an Opinion of Probable Construction Cost
February 12, 2016
City Advertises Bid Pursuant to the Consent Order
March 4, 2016
Contractor Selection Assistance
April 22, 2016
Services During Construction
June 24, 2016
PAGE 6OF7 Page 119 of 270
G. Authorization
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Dated this day of November, 2015.
SUBMITTED BY:
CH2M
4
By.
Matthew B. Alvarez, PE
Vice President and Area Manager
Dated this 6 day of November, 2015
PAGE 7 OF 7 Page 120 of 270
12.A.
NEW BUSINESS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Review and action on Annual Performance Evaluation for the City
Manager.
EXPLANATION OF REQUEST:
Pursuant to the City Manager's Appointment Agreement, the Commission will provide the City Manager with a
performance evaluation no less than annually. Ms. LaVerriere's last evaluation was on December 15, 2014.
Attachments:
Performance Evaluation Forms
Appointment Agreement and Addenda
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Providing feedback regarding performance
allows opportunities to recognize areas of strength and suggested areas of improvement.
FISCAL IMPACT. Budgeted In conjunction with any review of performance, the Commission may increase
the base salary and/or other benefits of the City Manager in such amounts and to the extent the Commission
may determine is proper. The Commission may, from time to time, grant the City Manager a performance
bonus, provided the bonus is granted in accordance with Florida Statute 214.425. Modification to monetary
items within the Agreement may have a resulting financial impact.
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Page 121 of 270
Type
Description
D Addendum
Performance Evaluation Forms
D Addendum
Appointment Letter and Addenda
REVIEWERS:
Department
Reviewer
Action Date
Human Resources
Oldbury, Julie
Approved 11/23/2015 - 12:11 PPA
Finance
Howard, Tim
Approved 11/23/2015 - 12:21 PPA
City Manager
LaVerriere, Lori
Approved 11/24/2015 - 8:56 ANA
Page 122 of 270
VX
FOR: D lillfl(WIXI tot1q; ''OR i; Jibie. DATE:
NAME OF EVALUATOR: Ivoig
1. The Mayor and each City Commissioner is requested to complete the
evaluation form based on his/her assessment of the City Manager in ten major
areas of responsibility that include a total of 32 specific performance
measures. An "Overall Impression" rating and six (6) comment areas are also
included.
2. The Mayor and each City Commissioner shall discuss the evaluation
individually with the City Manager at a Performance Conference. Preliminary
scores may be adjusted as a result of the discussion. There is a "Comments"
section below each question for clarification purposes, if necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager
and provided to the City Commission. (The detailed rating sheets of the other
Commission members will be provided when requested.)
The performance evaluation shall be reviewed at a Commission meeting at
which point the City Commission shall consider an increase in the Manager's
compensation.
" � PI 0W.'N fril -kTW
Rating Scale.- Each question is followed by a rating scale. Raters may circle the
selected performance indicator (1, .7.,3,4 or 5) or place an "X" along with a numerical
score on the rating scale line when you feel a rating falls between two whole numbers.
There are 32 listed performance indicators in the ten major performance categories on
the pages that follow:
I = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations: needs improvement = MARGINAL
3 = Satisfactory: meeting an acceptable performance level = SATISFIED
4 = Meeting expectations: very good = MORE THAN SATISFIED
5 = Exceeding expectations: excellent = VERY SATISFIED
Page 123 of 270
]k I 11-119061A
1. Leadership: Does the City Manager motivate others to maximum performance? Is the City
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1.0 2.0
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a
11
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to
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
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e loes Lne City ihanffw program actillue
and systematic way?
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 124 of 270
L-Tmlfmg011056101 1 ou-reLainquaiityempioyeesristne
City staff operate well as a team? Does (s)he effectively develop Department Heads and staff
members?
1.0 2.0 10 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS._
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the
City Manager carry out the budget satisfactorily and control expenses within the levels set in the
budget?
COMMENTS:
Expectations Expectations
6. Agendas: Does the Manager prepare comprebensive, relevant and complete agenda topics
and reports for the City Commission?
+ + + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 125 of 270
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
COMMENTS:
Expectations Expectations
6. Agendas: Does the Manager prepare comprebensive, relevant and complete agenda topics
and reports for the City Commission?
+ + + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 125 of 270
COMMENTS:
8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing the
City?
L� + + + +
1.0 2.0 3.o 4.0 P
Unsatisfactory Below Satisfactory Meets 7Xceeds
Expectations Expectations Expectations
COMMENTS:
9. Productivity: Can the Manager be depended on for sustained productive work? Does the
Manager readily assume responsibility? Does the Manager meet time estimates within his/her
r.o.v(P.1
1.0 2.0 3.0 4.0
S-6
S
Unsatisfactory Below Satisfactory Meets Ex e ed s
Expectations Expectations Expectations
Page 4 of 15
Page 126 of 270
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10. Execution of Policy: Does the City Manager understand and comply with the Over
policies, laws and philosophy of the City? Do his/her efforts lead towards success'fj
Expectations
1.0
2.0
3.0
4.0
so
=7
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
Expectations
WZT-74rn
COMMENTS: I
12. Imagination - initiative: Does the City Manager show originality in approaching
problems? Does the City Manager create effective solutions? Is the City Manager able to visualize
the implications of various alternatives?
1.0 2.0 3.0 4.00
5.
Unsatisfactory Below Satisfactory Meets t)
Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 127 of 270
1.0
1.0
2.0
3.0
4.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
WZT-74rn
COMMENTS: I
12. Imagination - initiative: Does the City Manager show originality in approaching
problems? Does the City Manager create effective solutions? Is the City Manager able to visualize
the implications of various alternatives?
1.0 2.0 3.0 4.00
5.
Unsatisfactory Below Satisfactory Meets t)
Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 127 of 270
COMMENTS: -
14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule?
Do the reports adequately convey information on the City?
1.0 2.0
Unsatisfactory Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
10.4 IN 1.411 R
15. Commission Communication: Does the Manager provide the Commission with adequat.-
�-Fforwatio-f to waVe decisio-cs?
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exic 'ee d s
Expectations Expectations Expectations
XIIIIIIIOIUYII',*U,Wd��� .............................. - ------------
67,-Z M -AR
Page 128 of 270
16. Written Communication: How effective are the Manager's letters, memoranda and other
forws of writte-F, iT1fbrw3ti01?
+
+ +
+
1.0
2.0
Unsatisfactory
Below Satisfactory
is
Exceeds
Expectations
Expectations
Expectations
COMMENTS:
17. Response to Commission: Does the Manager respond in a positive way to suggestions ars
guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelin
and i'1
+ + +
1.0 2.0 3.0 4.0 -7 s
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:,,—,--
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s, iPja gal
"wFuueutreb unliv-pru';,luing an
city?
U
2.0
Below
U
3.0
Satisfactory
Page 7 of 15
U
4.0
Meets
2aix-din r'
W:
Page 129 of 270
19. Economic Development: Does the Manager demonstrate leadership and vision U
Lo)romoting the economic development of the City while maintaining concerns for "quality of lifF
f.ssues?
a
a
1.0
Unsatisfactory Be w
Expectatiol
a
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4.0
Meets
+ + + L� + -",
1.0 2.0 3.0 4.0 <�5 Q)
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
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+ +
1.0 2.0 3.0 4.0 5.9)
Unsatisfactory Below Satisfactory Meets E%x'Zeds
Expectations Expectations Expectations
COMMENTS:
Page 130 of 270
22. Community Reputation: What is the general attitude of the community tothe Manager? T, ,
h-rgh intetr&y-arvi Ift,
asset or liability to the City? I
+ + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
7sTF"F,T-3F-rdm#=
= If
.nTIURd6el- Z1111C L14, IdLAILMLE CI-01,11".111,CTIRM "CRIMITT""It,
agencies and the City?
+ + + +
1.0 2.0 3.0 4.05.0)
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
�,14 M I
Page 131 of 270
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a
to divide his/her personal feelings from those which would most effectively convey the City's
iTterest?
+ + + +
1.0 2.0 3.0 4.0 S. V
Unsatisfactory Below Satisfactory Meets Exce'eds
Expectations Expectations Expectations
COMMENTS -
arm. 1-7 1 011*1111�111
and participate in seminars and conferences for professional development?
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
m®r''117,111I
26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant
conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager
respond well to stressful situations and adequately deal with the stress inherent to the position?
1.0
Unsatisfactory
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
I A-111 ININ r. IIIIIIII lei I
E
Page 132 of 270
27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and
adaptable, while responding to individuals or situations in an appropriate, positive manner?
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does
the City Manager have an enthusiastic attitude toward the City, both professionally and
personally?
1.0 2.0 3.0 4.0 (Z�dds
Unsatisfactory Below Satisfactory Meets
Expectations Expectations Expectations
D01113U MI -0
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job?
Does the City Manager have good initiative and is the City Manager a self-starter? Does the City
Manager have good mental and physical stamina?
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectations
4.0
Meets
�'-U/
Exceeds
Page 133 of 270
1 + . 1' i / 1 f
WINUMMi
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making decisions and in his/her general conduct?
G
0
2®
Unsatisfactory Below
Expectations
WOMI, w4will's
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1.0
3.0
Satisfactory
a
4.0
Meets
X I
LIMES=
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to
be honest with himself/herself and take constructive criticism? Does the City Manager take
responsibility for mistakes which are his? Is the City Manager confident enough to make decisions
and take actions as may be required without undue supervision from the Commission?
+ + +
1.0 2.0 3.0 4.0 5.
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
COW=
Page 134 of 270
1.0 2.0 3.0 4.0 T
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS: -
Improvements suggested:
Based upon your evaluation, what areas would you suggest the City Manager work on to
improve his/her skills and to be more effective in specific areas or situations?
Commendations:
Area(s) of performance calling for praiselcommendation.
141Y X;, C'A "-14
OMEEM
Page 135 of 270
W' 4
Page 136 of 270
Evaluator's Printed
City Manager's Signature
City Manager's Comments:
Page 137 of 270
ei Performance Evaluation for the City Manager
1. The Mayor and each City Commissioner is requested to complete the
evaluation form based on his/her assessment of the City Manager in ten major
areas of responsibility that include a total of 32 specific performance
measures. An "Overall Impression" rating and six (6) comment areas are also
included.
2. The Mayor and each City Commissioner shall discuss the evaluation
individually with the City Manager at a Performance Conference. Preliminary
scores may be adjusted as a result of the discussion. There is a "Comments"
section below each question for clarification purposes, if necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager
and provided to the City Commission. (The detailed rating sheets of the other
Commission members will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting at
which point the City Commission shall consider an increase in the Manager's
compensation.
Ratiga Scale.- Each question is followed by a rating scale. Raters may circle the
selected performance indicator (1, 2,3,4 or 5) orplace an 'X" along with a numerical
score o&g"&"T cwle 147e iml, . r
r"IvjaW, 'k, � of Milt i"
Y77
the pages thatfollow.
1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations: needs improvement = MARGINAL
3 = Satisfactory: meeting an acceptable performance level = SATISFIED
0 = Meeting expectations: very good = MORE THAN SATISFIED
5 = Exceeding expectations: excellent = VERY SATISFIED
Page 138 of 270
111111, pir III
Oki
FW# 1 4 1 1 1 1 1
1. Leadership: Does the City Manager motivate others to maximum performance? Is the City
019-11;AT-TA I'V MKIM I
+ + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
J VIOLF01 Lne uperaRITHRY actn'tues 151
City through others? I
+ + + + X +
1.0 2.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations
Expectations Expectations
W1
UT P. W R, M.- 7 Mrs
Expectations
COMMENTS:
10M.,KMI[p
Expectations Expectations
Page 139 of 270
1.0
2.0
3.0 4.0
S®
Unsatisfactory
Below
Satisfactory Meets
Exceeds
Expectations
COMMENTS:
10M.,KMI[p
Expectations Expectations
Page 139 of 270
4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the
City Manager able to recruit and retain quality employees? Is the Manager committed to having
City staff operate well as a team? Does (s)he effectively develop Department Heads and staff
I
mewber&�L_
;L- + + + �z
1.0 2.0 3.0 4.0 k".
ED
Unsatisfactory to Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS -
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the
budget?
COMMENTS:
• Unprdo=
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi
and reports for the City Commission? i
1.0
2.o
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
COMMENTS:
• Unprdo=
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi
and reports for the City Commission? i
COMMENTS:_ ... . ................... . ... . .......... . ....
Page 140 of 270
1.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
COMMENTS:_ ... . ................... . ... . .......... . ....
Page 140 of 270
7. Financial Reporting: Does the Manager provide periodic financial reports in a weg
fesigned, informative and understandable fofmat?
a
a
1.0 2.0
Unsatisfactory Below
Expectations
U
G
5.0
Exceeds
LIIC IIIIISL IIIIPHITLdIIL ant td&m IdUng-11
city?
+ + + + X +
1.0 2.0 3® 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
9. Productivity: Can the Manager be depended on for sustained productive work? Does ti
Manager readily assume responsibility? Does the Manager meet time estimates within his/h
control? I
a
2.0
Below
Expectations
a
0
4.0
Meets
Page 141 of 270
RR=-,
10. Execution of Policy: Does the City Manager understand and comply with the over
I.iiolicies, laws and philosophy of the City? Do his/her efforts lead towards successlul
+
+---------------------------
+
+
+
®
2.0
3.0
4.0
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
LDT401=
Expectations Expectationz
. . ........ - ----------------------------------------------------
G
G
1.0 2.0
Unsatisfactory Below
Expectations
0
3.0
Satisfactory
0
4.0
Meets
Expectations
Exceeds
Expectations
12. Imagination - Initiative: Does the City Manager show originality in approachin6
7,rTAk-1-YrV It i lud7ji
the implications of various alternatives?
_+
+
+
+
+
®
2.0
3.0
4.0
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
Expectations
COMMENTS:
Expectations Expectations
Page 142 of 270
13. Communication: Does the City Manager keep appropriate people informed? Does the City
aw 7i I'A YAPMf & 14 VFNM
2ble to be persuasive?
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
14. Reporting: Does the City Manager submit accurate and complete staff reports on schedul
Do the reports adequately convey information on the City? i
G
G
1.0 ZO
Unsatisfactory Below
Expectations
a
3.0
Satisfactory
G
S.0
Exceeds
15. Commission Communication: Does the Manager provide the Commission with adequa
information to make decisions? i
® 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
Page 143 of 270
a
WAI R` J! toj 0 11 a 4
G
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
rm
11
3.0 Q- jo 5.0
Satisfactory Meets Exceeds
Expectations Expectations
guidance from tue LOMMIssione is the rhanager attuned to the Commissions' attitudes, feelings
and needs?
+ + + + IX +
® 2.0 3.0 4® 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
COMMENTS -
Expectations Expectations
+ + + ..I- +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
RRIZZ13W
Page 144 of 270
19. Economic Development: Does the Manager demonstrate leadership and vision in
promoting the economic development of the City while maintaining concerns for "quality of life"
issues?
+ + + + + I
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
------ -1102-1-4-1 1-011f.11 Iz I 1 -1-11 —a Mgm I No ORO 0 WON
Lqm 'L1114
1.0 2.0 3.0 4.0 50
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
"! 1 119 1 MIN �11�1� 1� !11� � �
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City
Manager properly convey the policies and programs of the City?
1.0
Unsatisfactory
2.0
Below
Expectations
3.0
Satisfactory
W
s.��
l(W-t1gograquism
U
5.0
Exceeds
Page 145 of 270
22. Community Reputation: What is the general attitude of the community to the Manager?
a3-&
?sset or liability to the City?
.0
1.0 2.0 3.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
23. Intergovernmental Relations: Does the Manager work effectively with federal, state a s
A.9
9
?gencies and the City?
L- + + +
1.0 2.0 3.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations
COMMENTS.
Page 146 of 270
iiiiiiii I . .
1 111 1 1
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a
rati+nal anftn7,6rsitnal Yieap*int)r;aief+n facts anikyalifle-f 12rinitns? Is b%,- City 1.4ana&e-r a)&
to divide his/her personal feelings from those which would most effectively convey the City's
interest?
+
+
+
+
+
1.0
2.0
3.0
4.0
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
pm��
25. Professional Reputation: How does the Manager stand among his/her colleagues? Does
the City Manager deal effectively with other public managers? Is the City Manager respected by
and participate in seminars and conferences for professional development?
+ + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
WQ-1 0101to
+ + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
E.-MEMM
Page 147 of 270
i N1 # . 11 11,10 '1^11
t. .1 H 01 U41M RIM 04 014) Ri 1111!,102 1 flet LIA 10 M11 &KOW11,11 KI Ott) 11-2 Of - I - 0 0 1• VVIM01IMN
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does
the City Manager have an enthusiastic attitude toward the City, both professionally and
personally?
+ + + +
1.0 2.0 3.0 4.0 715. V
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
0 -oil
na'!:F�ra ininaffre SHMS ULC 1,Ltj' Manager a SMY-7r—=rt-] q1twu
Manager have good mental and physical stamina?
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS-
NUTOMEE�
Page 148 of 270
making decisions and in his/her general conduct?
i�
+
+
+ ---L�+
1.0
2.0
3.0
4.0
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
033=
COMMENTS:
31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the
1 INVINK8111M U111 WIN Min Is 0411W 1 4-0.
G
U
1.0 2®
Unsatisfactory Below
Expectations
0
3.0
Satisfactory
G
4.0
Meets
32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to
be honest with himself/herself and take constructive criticism? Does the City Manager take
responsibility for mistakes which are his? Is the City Manager confident enough to make decisions
and take actions as may be required without undue supervision from the Commission?
1.0
Unsatisfactory
2.0
Below
Expectations
W.4 , I mam,
Page 12 of 15
4.0
Meets
Page 149 of 270
6 1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
Strengths:
Based upon your overall evaluation of the City Manager, what areas would you list as
his/her strong points as a manager?
11 1
Improvements suggested:
Based upon your evaluation, what areas wouldyou suggest the City Manager work on to
improve his/herskilIs and to be more effective in specific areas or situations?
Commendations:
Area(s) of performance calling for prais%ommendation.
�',►
Page 150 of 270
Comment Areas
1. What are the manager's most significant accomplishments during the past year?
Settling all the union contracts in a timely manner
2. What are the manager's strongest qualities?
Leadership thru understanding the situation
what areas does the manager need to improve? Recommendations.
I would like to see the city manager take more personal time as she puts in an
overabundance of time and effort in the performance of her duties
4. Two things the manager does that you would like him/her to continue.
Continue to meet with the city commissioners on a weekly biases
S. Two things the manager does that you would like him/her to discontinue.
N/A
W.MHUM
Page 151 of 270
6. Two things the Manager does not do you would like him/her to start
Would like to see more city commission workshops with department heads for
updates of projects and development
-TOSIF: . L%s"Ie�V)
Evaluator's Printed Name
City Manager's Signature
City Manager's Comments:
Page 152 of 270
f it
E OF E"LUALTOR. MIC L k-
.,.
ANNUALS:
The Mayor and each. City Commissioner is req e.Ao l to complete the
evaluation form based on IIs/her aeetof:e Cid Manager in ten major
areas of responsibilitythat include a total of 32 specific peiforinance
measures. An "Overall p e io " rating and ix 6. comment areas are also
included,
s The e a o and each City Commissioner shall discuss the evaluation
individually ith. the City Manager ata I e ° o i an:e Conference. Preliminary
scores inay be adjusted as a resuft of the discussion. There is a " orn ent "
section below each question for clarification purposes, if necessary.
3m A composite Ratings Summary Chart shall be prepared by the City Manager
and provided to the Cit, Commission, l e Metalled rating sleets of the other
Commission mem e il.l be provided when e ste .
a The performance ormance e a.luation shall be reviewed at a Commission Ineeting at
which point the Citi Commission shall consider an increase i the Manager's
compensation.
INS ct
U ,glee E 1� question i followed l a rating scale eaters incl the
elected fo rinan cels dica tor(, 2,.,, rplace a n "W" alotkq t4dt ni l
o o the ati g scale, lin when ou feel` r tin ll �t � t ��h ��U l�e�y
There aro 32 listed perfbrman ce in dicat In the ten rn qior performan ce ca tegoiles, o
the pages ttfllwn
Unsatisfactory: poop", needs substantial improvement = VERY DISSATISFIED
FIE
2 = Below expectations: needs improvement = MARGINAL
= Satisfactory- meeting an acceptable table pe for ace level = SATISFIED
g ti ge ,coati : very good. = MORE THAN SATISFIED
Exceeding expectations: e welle t -- VERY SATISFIED
Page 153 of 270
CITYMANAG, i "S TEN MAJOR AREAS OF RESPONSIBILITY
L Organizational Management
1. Leadership: Does the City Manager motivate others to maximuln performance? Is t1le City
Manager respected as demanding but fir? Is the City Manager providing the necessary assistance
to the Board and leadership to the Cit)r's staff and volunteers? Does the City Manager get
enthusiasLic response to his/her new ideas and needed organizational changes?
a
1.0 2.0 3.0
Unsanti sfxctory Below Satisfactory
Expectations
—4 7 -
O 5.0
Meets Exceeds
Expectations )ectatio. Expectations
0
0
a
a
Lo 10 3.0 4.0
Unsatisfactoi-y Below Satisfactory at
Expectations Expectations
I
Expectations
COMMENTS: . ...... ...... ...... .. ____ ....................... ...................... ............................ . -
3. job OrgBaa dwAlon. Does the City Manager delegate responsibility effactivety? Does the City,
Manager use his/her time productively7 Does the City Manage.- pr ograrn activities in an orderly
and systematic way?
Page 154 of 270
4. Staff, Developnient: Does the City Manager appointand train effective subordinates? Is the
City Manager able to recruit and retain quality employees? Is the Manager committed to having
City staff operate well as a tarn'? Does (s)he effectively develop Department Heads and staff
mernbers?
5.0
_L)eds
1.0 2.0 73,0 _4.0 5.0
i'f7
"Iry et,
s
Unsatisfactory Below Satisfactory Meets
Expectations Expectations Expectations
0"') M M F Nf"'�Ps� . .... ....... . .. . ... .. . ... .. . ... .. . ... . ....... .........
111. Fiscal/Businc s Manat,
gen"mitt,
S. Budget: Is the budget developed in a systematic and effective manner? Is the budg,-et
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the
City Manager carry out the budget satisfactoriiy and control expenses within the levels set in the
budgef?
8
1.0 2,0
Unsadsfktory Below
Expectations
a
3.0
SatisCactory
a
4.O
Meets
Expectations
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics
and reports for t1te City Commission?
+ + m + W +
1.0 2,0 3,0 4.0 5.0
Unsatisfactory Below Satisfact ory Meets Excveds
Expectations Expectations Expectations
C�'O MM E
Page 155 of 270
7. Financial Reporfin& lJoesthe Manager provide periodic financial reports in a well-
designed, informative and understandable fi-,)rmaV
+ + + +
LO 2.0
Unsatisfactory Below
Expectations
3.0
Satisfactory Meets
Expectations
5.0
Exceeds
Expectations
0
8Managing Multiple PrInAtles. Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing tine
CitY7
LO 10 3.0 4.0 5.o /
Unsatisfactory Below Satisfactory Meets Rceeds
Expectations Expectations Expectations
CCDIII MEIN� S: .......................................................... . ........... . . . . .........................
COMMENT&
Page 156 of 270
Ill. Program My-wrelopment and Follow-Thn.-juf
10. Execution of Policy: Does the City Manager understand and comply with the overall
policies, laws and philosophy of the Ci Do his/her efforts lead towards successful
accornplishmentof goals? Does the City Manager measure results against goals and take. corrective
action?
1.0 2.0
Unsatisfktory Below
Expectations
COMMENTS:
0
3.0 4.0
Satisfactory Meets
Expectations
11. Program Development Does the Manager translate polices and objectives into specific
and effbctive prc,)grarns? Does the Manager independently recognize problems, develop relative
f ., formulate. alternate solutions and decide on appropriate recommendations?
1.0 ZO
Unsatist story Below
Expectations
COMMENTS: s k e, -P w, -e s
10
Satisfactmry
Expectations
L-
12. Imagination - Iniflative: Does the Cit
y Manager show originality in approaching
problems? Does the tang.Manager create effective solutions? Is the City Manager able to visualize
the implications of various alternatives?
4-
1.0 10
UnsatisfactoTy Below
Expectations
3.0
Satisfactory
4.0
Meets
Expectations
I
Page 157 of 270
FV. C',bninixinicaflon
� 1MIME I ;n.n.n.n n.n.n.... ..............m,m .......................
......- ......................v_ .. ........,
C 0 NO[ EUns,,,
Cummission Communication: Does the Manager provide the Commission witb adequate
nformation to make decisions
1.0
Unsatisfactory Below SatisfactoryMeets Exceeds
Expectations Expectations Expectations
COMM � e ..w..�.......................
Page 158 of 270
1& Written Comniuidcadon: How effective are the Manager's I etters, mernoranda and other
forms of written inform ation7
I, OMMKNFa R
V. Relationship with the MayoAr/Conunission
COMINENTR
VI. Long Riinge, Planning
18. Sbstteglr, Planning: Does the Manager help develop effective goale, objectives, policies and
procedures while providing an annualwork plan that advises of present and future needs of the
city?
LO 2.0
Unsatisfactory Below
Expectations
COMMEW
3.0
Satisfadwy
4.0
Meets
Expectabons
Page 159 of 270
19. Economic Developnient: Does the Manager demonstrate leadership and vision in
promoting the econornic dev61opraent of the City while maintaining concerns for "quality of life,"
issues?
0
a
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectdtions
NTS-
1'Lsqs,,L .
9
5.0
/
Ots Exceeds
Expectations Expectations
I ^ do -we k
�O d.U. AA tl— C# WSP
20. ti- ear Approach: Is the City Manager helping the City Commission to address the
City's future through multi-year planning and appropriate capital budgeting?
1.0 2.0 3.0 4.0 0
ins atisfactmy Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
—41
t W1. Relationship with Pub-lic/Public Relations
21. Media Relations: Is the Manager sk-fliffil in his dealings with the news media? Does the City
Manager properly convey the policies and programs of the City?
a
I
Lo 2.0
Unsatisfactory Below
Expectations
I
I
4.0 5.0
Meets Exceeds
Expectations Expectations
-icy i
COMMENT& 3: -�-,&Cx La
s L
Page 160 of 270
22. as if Reputation: What is the general attitude ofthe comrnunito the Manager? Is
the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an
asset or liability to the Cir�v?
+ + + + +
1.0 2.0 10 4,0 '0
Unsatisfoctory Below Satisfactory Meet-, x6eeKs-
Expectations Expectations Expectations
03 P14, M N Tks: ...................................... . ................ .............
.. . ......................................... . ...
VIII. Intergovernmental Relations
23. Intergovernmental Relations: Does the Manager w(,-)rk effectively with federal, state, and
other local government representatives? Is the relationship with other local govern ment officials
beneficial to the City? Is the City Manager able to fkifitaite cooperative efforts among various local
agencies and the City?
+g
fac
1.0 2.0 3.0 4.0 F 0
Unsatistory Below ti far Meets
tory eets Etei" S
Expectations Expectations Expectations
COMMENTS. L%.O vi ,44 a -4-44vc
. ... ........................ —
Page 9 of 15
Page 161 of 270
IX Professional/Personal Development
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a
rational and impersonal viewpointbased on facts and qualified opinions? Is the City Manager able
to divide his/her personal feelings from those which would most effectively convey the City's
interest?
+ + + + +
Lo 2�O 3.0) 4.0 5.0
.1tisfa 't.ory
't's
XCt
Unsatisfactory Below Satisfactory t's Exceeds
Expectations Expectations Expectations
COMMEN"fa --ser.ot
,�-p
........................... t . . ......
25. Professional Reputation: How does the Mana ger stand amo ng his/her colleagues? Does
the City Man -ager deal effectively writ -b other public managers' , Is the City Manager respected by
professional and staff representatives of other citilies and counties' ,Does the City Manager attend
and participate in seminars and conferences f- r° professional developi-nent?
+ 4- + + -%/- +
Unsalt,fa ctory Below Sall-list"'actory Meets Exceeds
Expectations E',xpectations Expectations
COMMENTS: 'a
............ . .....
Jazrtl t'a. K -
26. Stress Management: Is the Manai
ger able to resolve problems under strain and unpleasant
conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager
respond -well, to stressful situations and adequatelydeaf with the stress inherent to the position?
1.0
Unsatisfiactory
3.0
Satisfactory
M
............... ----
4.0
Meets
Expet±abons
ES
MEM01210
Page 162 of 270
X. F"t.-n-soxaml AtI.."ributes
27. LeilTip Style: Doesthe Manager display a leadership style that is firm, but flexible and
adaptable, while responding to,individuals or situations in an appropriate, positive manner?
+
+
+
+
1.0
LO
2.0
3.0
4.0
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
Expectations Expectations
---
28. General Attitude: Is the fit: Manag
ger enthusiastic? Cooperative? Willing to adapt? Does,
the City Manager have an enth uslastic attitude toward the City, both professionally and
personally?
+
+
+ +
1.0
2.0
3.0 4.0
5.0
Unsatistbuory
Below
Satisfactory Meets
Exceeds
Expectations
Expematiores Expectations
CON! M ENT . .. .. ... . ........ ---------- ------ - — ...................... .................... - """
29. Drive.: Is the Mart ager energetip. and wilfingto spend thefirne necessmyto do a good job?
Does the City M anager have $grood initiative and is the City Manager a self st rt pr? Does the C ity
Manager have, good Tri ental and physicall sUamina?
+ + + +
1.0 2.0 3.0 .0
Urisatisfact-my Below SatisfecWry MeeLs Exceeds
Expectations Fxpectations Expectations
CORAiMENT
Page 11 of 15
Page 163 of 270
30, judgmentand Decisiveness: Is the City Manager El to reach quality decisions in a tirnely
fashion7 Are his/her decisions generally good? Does the City Manager exercise good judgmentin
making decisions and in his/her general conduct?
+
+
+
++
i -
14C
1.0
2.0
10
4.0
5.0
Unsatisfactory
Below
Satisfactory
Meets
Exceeds
ia] 1'11,4 INYW E
Expectations Expectations
3L lntegr4y: Does tlie City Manager properly avoid politics and pardsanship? Does the
Manager fulfill his/her responsibilities and duties in accordance with the 1CMA Code of Ethics?
the City Manager honest and forthright in his/her professional capacities? Does the City Manager
Crave a reput ation in the community for honesty and integrity?
1.0 10 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
31 Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able
to be honest with himseWherself and take constTuctive criticism? Does the City Manager take
responsibility for mistakes -which arefs iO Is the City Manager confident enough to make decisions
and take actions as may be recpfired whfia"Ilt undue super vision from the Conarnission?
LO 2.0
Unsatisfactorny Below
Expectations
CO M NfF,
3.0
SatisfectoKy
. .......................................
4.0
Meets
Expectations
Page 164 of 270
0"VE-HU11.1. PERF01,111NIANCE IMPRESSION.
+ +
1
. 5.0 0 0 10 U -Ex ce, e d s
Unsatisfactory Below satisfi3d,")TY M eets
Expectations Expectations Expectal.1011S
CONIMENTS�
Strengths -
Based up o nyo u r o ve ra 11 c va hu a 1, i o n of th e Ci ty tvfrj n uc
jet, what areas wouldyou fist as his1her
strong points as a manager?
a
4-w J�e-a M '113
linprovemerits sup
,Xested:
Based uponyour evaluation, as areas wouldyou stCagest the ri'y.Nanqyer or on to
improve his1her skihis and to he more ef e
,f ctive in speril
,lic amws or situatinns?
ext; 0
A�e_ go
p 141 fLea %q
*19
'W f P49+
be
Conimendatio-tis:
Area(s) of performance calfs V for praiselcommendation.
otesp&4-e 6DrWWt.w,0&t
Ir e -
Z'7
7 4 n -t -4a iv 4.
bu,Apei
Page 165 of 270
............................ ---- .................. ............................. . . ........... —%....- ..................... ... . ............................ . .. ..........
Cormnent Areas
.... . . . . . ..................................... . . . . . ... . .......................................................
Wb at are the rrmn ager's nnn st sign, i ficant isl rrie nts ch, N ri �ag thee p - s" ve ar'?
v
Lt
ev .......... . ...
............... . . . . . . . .........
What- are the mar,� age,,r's strongest qua 1, ities,"
............... -------------- ................ ..............
.......... . ................. . . ............ -------------- . ................... . ........ .......................... . . . . . . . . . . ........................ . .. . .. . .
I In what arecis U-te manager zieed to improve" Rectommer'Ambo-nis
. . ......... ..... ...... ............. .... . ............................... ...... . ............................................ . . . ................ ....... . . . ....... . .. .......................................................
4. Two things tl'w manager does that you woudid filke Inkn)/her tr, continue.
%,Aro -ie m ain ag- -n- does th a t you '4,v ouk.1 I Ike Inin. /her tc, disco n d', tie.
things t! 'e
- — ----------------- .. ............ ------------------------------- . . . . . . ...................................... ... . ............. . .......... ..................... ............
i7 T w" 6'i'i-iig' s does not do, you would like, him/her to start.
......................................................................................................................................... .................................................................
Page 14 of 1,5
Page 166 of 270
Evaluator's
Performance onferen M
---- --_�-° a.a.a.a. a. ... . . ................................ . .
.r�.,��......................m...mn��.....................
City
.Mm�.Mm,�.� ...�...�..
Date
i age es Co me
Page 167 of 270
0 Performance Evaluation for the City Manager
Ilk, DATE:
FOR:
11L4 'I
2L4
NAME OF EVALUATOR.R
a
1. The Mayor and each City Commissioner is requested to complete t
evaluation form based on his/her assessment of the City Manager in ten maj
areas of responsibility that include a total of 32 specific performanci
measures. An "Overall Impression" rating and six (6) comment areas are als
included. 10
2. The Mayor and each City Commissioner shall discuss the evaluatio
individually with the City Manager at a Performance Conference. Prelimina
scores may be adjusted as a result of the discussion. There is a "Comment
section below each question for clarification purposes, if necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manag
and provided to the City Commission. (The detailed rating sheets of the oth
Commission members will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting
r'
which point the City Commission shall consider an increase in the Manage
compensation.
q Z Ri 0 IRILItyl
Rating Sca Each question isfollowed by a rating scale. Raters may circle the
selected performance indicator(l, 2,3,4 1r5) orplace an 'W"along with a numerical
& W g"r" q 2 1 r1p fI wFAZRIVU.-T.
3
1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations: needs improvement = MARGINAL
3 = Satisfactory: meeting an acceptable performance level = SATISFIED
4 = Meeting expectations: very good = MORE THAN SATISFIED
5 = Exceeding expectations: excellent = VERY SATISFIED
Page 168 of 270
1. Leadership: Does the City Manager motivate others to maximum performance? Is the City
IQ SIN MRIP144024f 410 1;
jib 1 04
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
Q
3.0
.0
Satisfactory sets Exceeds
Expectations Expectations
11jil ir;11111;� 1.
uu
'-e-igera
PaTt r - - =--
t riEfieausilflUSLUIr.=ffL'I-ILJ'r;iiinii)ieLcunLritneoperationaiacrivitiesor
City through others? I
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
U
3.04.0 S.
Satisfactory Beets Exceeds
Expectations Expectations
11111pin11111111
vramtr6t --Tse ME/ ner u Me prou
and systematic way?
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS-
G
3.0
Satisfactory
G
Qe -V 5.0
ets Exceeds
Expectations Expectations
Page 169 of 270
4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the
AgLa�nff f t
•�Uq-&Nft
City staff operate well as a team? Does (s)he effectively develop Department Heads and staff
members?
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the
budget?
+ + + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets (—Exceeds
Expectations Expectations Expectations
COMMENTS:
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi
?nd reports for the City Commission?
1.0
Unsatisfactory
2.0
Below
Expectations
3.0
Satisfactory
4.0
Meets
97==
Page 170 of 270
COMMENTS:,-.
Yacing
city? I
I
1.0 2.0
Unsatisfactory Below
Expectations
3.0
Satisfactory
R
Exceeds
Expectations Expectations
9. Productivity: Can the Manager be depended on for sustained productive work? Does t1a
Manager readily assume responsibility? Does the Manager meet time estimates within his/h
control? I
I
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
5.0
Exceeds
t
Page 171 of 270
11
10. Execution of Policy: Does the City Manager understand and comply with the over
policies, laws and philosophy of the City? Do his/her efforts lead 1► success
H
H
®0 2.0
Unsatisfactory Below
Expectations
COMMENTS -
G
3.0
Satisfactory
V9
4.0
Meets
11
ZOO=
11. Program Development: Does the Manager translate polices and objectives into speci
and effective programs? Does the Manager independently recognize problems, develop relati
facts, formulate alternate solutions and decide on appropriate recommendations? I
1.0 2.0 3®
Unsatisfactory Below Satisfactory
Expectations
COMMENTS:
a
�-o
J 4.0
5.0
Meets
Exceeds
Expectations
Expectations
12. Imagination - Initiative: Does the City Manager show originality in approachilt
J1914 kiTrC? T.?
the implications • • alternatives?
2
G
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
U
3.0
Satisfactory
+ +
4. 5.0
�ts Exceeds
Ir--.xpectations Expectations
Page 172 of 270
13. Communication: Does the City Manager keep appropriate people informed? Does the City
Manager yresent his/her thtyg;hts in am-trierly aiTi Ynf trsIr.-j-LIVjWz iinam-tiEr? Is the Citf Mana&r
able to be persuasive?
+ + + + +
1.0 2.0 3.0 S.0
Unsatisfactory Below Satisfactory S Exceeds
Expectations Expectations Expectations
COMMENTS:
14. Reporting: Does the City Manager submit accurate and complete staff reports on schedul
Do the reports adequately convey information on the City? I
61
0
1.0 2.0
Unsatisfactory Below
Expectations
0
M �16 I �
U
5.0
Exceeds
W. CIA
15. Commission Communication: Does the Manager provide the Commission with adequa
information to make deons? i
+ + + +
1.0 2.0 3.0 4.0 5.0
So
Unsatisfactory Below Satisfactory Meets tV 'e )ds
Expectations Expectations Expectations
COMMENTS:
Page 173 of 270
16. Written Communication: How effective are the Manager's letters, memoranda and other
forms of written information?
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectations
MM
't�e;Ks Exceeds
Expectations Exp -
i 4
e
17. Response to Commission. Does the Manager respond in a positive way to suggestions aJ1
guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelin
?nd needs? 0
V1. Long Range Planning
18. Strategic PIanning: Does the Manager help develop effective goals, objectives, policies a
?.-f. ?.-utu-pl urork nof nresent and future needs of I]
a
1.0 2.0 3.00
5.0
Unsatisfactory Below Satisfactory (��M�s Exceeds
NTMI�
Page 174 of 270
19. Economic Development: Does the Manager demonstrate leadership and vision
issues?
+
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectations
IT
ts Exceeds
F3xpectations Expectations
20, Multi -Year Approach: Is the City Manager helping the City Commission to address t
City's future through multi-year planning and appropriate capital budgeting?
1.0 2.0 3.0
Unsatisfactory Below Satisfacto
Expectations . I
Exceeds
Expectations Expectations
VIL Relationship with Public/Public Relations
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the Cil
Manager properly convey the policies and programs of the City?
.' j
1.0 2.0 3. Z
0 4.0 —Q
Unsatisfactory Below Satisfactory e—e'ds
Meets
Page 175 of 270
�m I-110111411kv
Vie uLy 01 an age r
asset or liability to the City?
+ + + +
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectations
oil I II Im WIN
agencies and the City?
Exceeds
Expectations Expectations
Mmllln- Fn 1=1 -
1.0 2.0 3.0 5.0
.0
Unsatisfactory Below Satisfactory '-Irt e-e-t�s Exceeds
Expectations Expectations Expectations
0-0mm
Page 176 of 270
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a
rwdtiaal Vase,,f sr. facts aA:i ijyaliXet i]rinitzs? lc.&%e City, Manager a�lc-
to divide his/her personal feelings from those which would most effectively convey the City's
interest?
G
1.0 2.0
Unsatisfactory Below
Expectations
a
9.� M
ri;= WC =��vo =#k prjT;M7lq3uT MUT��q g_1-LWJT4Win6 I
and participate in seminars and conferences for professional development?
G
U
1.0 2.0
Unsatisfactory Below
Expectations
G
3®
Satisfactory
G
4.0
Meets
a
5.0
Exceeds
►z 4
97,13=
26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant
conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager
+ + + +
1.0 2.0 3.a.
Unsatisfactory
5.0
.0
Unsatisfactory Below Satisfactory ets Exceeds
Expectations Expectations Expectations
COMMENTS:_
Page 177 of 270
KIQV�, M WITIEM01=7 �
ram] Ole,] 61tywall I va 414.1 111ifig of 1g.11LIBI fig I L'A IR 1� ru F-71LIJ W-ligg r. lite] Slum it - I I$ I I
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory 4Vts Exceeds
Expectations Expectations Expectationn
COMMENTS:
2i',. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does
the City Manager have an enthusiastic attitude toward the City, both professionally and
personally?
+ + + + +
1.0 2.0 3.0 4.0 0
Unsatisfactory Below Satisfactory Meets O'ed)s
Expectations Expectations Expectations
11013 101*1
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job?
Does the City Manager have good initiative and is the City Manager a self-starter? Does the City
Manager have good mental and physical stamina?
G
2.0
Below
COMMENTS:
U
3.0
Satisfactory
F97*3=795 Ms
U
5.0
Exceeds
Page 178 of 270
30. judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely
vigil &T,68me--ig 11,grialms is I
G
G
1.0 2.0
Unsatisfactory Below
Expectations
0
a
4.0
Meets
MMOMPTCOM
31. Integrity. Does the City Manager properly avoid politics and partisanship? Does the
Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is
the City Manager honest and forthright in his/her professional capacities? Does the City Manager
have a reputation in the community for honesty and integrity?
+ + + + +
1.0 2.0 3.0 .0.0
Unsatisfactory
0
Unsatisfactory Below Satisfactory Meets eeds
Expectations Expectations Expectations
COMMENTS:
32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to
be honest with himself/herself and take constructive criticism? Does the City Manager take
responsibility for mistakes which are his? Is the City Manager confident enough to make decisions
and take actions as may be required without undue supervision from the Commission?
+ + + +
1.0 2.0 3.0 4.0 s.o
0
Below Satisfactory Meets /s
Unsatisfactory C�x!ee&
Expectations Expectations Expectations
COMMENTS:, -----------
Page 179 of 270
+ + + + J +
1.0 2.0 3.0 4.0 50
Unsatisfactory to Satisfactory Meets Exceeds
Expectations Expectations Expectations
Strengths:
Based upon your overall evaluationofthe City Manager, what areas wouldyou list as his/her
2
st amanr.
'4�1117 ?
1 XA�tll, ,
Aff
/pp vV
JAIJZ11
Improve nts suggested:
Based upon your evaluation, what areas wouldyou suggest the City Manager work on to
improve his/her skills and to be more effective in specific areas or situations?
7
1v
Commendations:
Area(s) of performance calling for praiselcommendation.
01OOM
Page 180 of 270
Page 181 of 270
Performance ifor the City Manager
Signature Page
Signature
Evaluator's Printed Name
' 1 1
City Manager's Signature Date
City er`sComments:
Page 182 of 270
0 Performance Evaluation for the City Manager
FOR: DATE:
1. The Mayor and each City Commissioner is requested to complete the
evaluation form based on his/her assessment of the City Manager in ten major
areas of responsibility that include a total of 32 specific performance
measures. An "Overall Impression" rating and six (6) comment areas are also
included.
2. The Mayor and each City Commissioner shall discuss the evaluation
individually with the City Manager at a Performance Conference. Preliminary
scores may be adjusted as a result of the discussion. There is a "Comments"
section below each question for clarification purposes, if necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager
and provided to the City Commission. (The detailed rating sheets of the other
Commission members will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting at
which point the City Commission shall consider an increase in the Manager's
compensation.
110PIV11111
Rating Scale.- Each question is followed by a rating scale. Raters may circle the
selected performance indicator (1, Z 3,4 or 5) or place an "X"along with a numerical
u
the pages thatfollow.-
1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED
k= Below expectations: needs improvement = MARGINAL
3 = Satisfactory: meeting an acceptable performance level = SATISFIE1
4 = Meeting expectations: very good = MORE THAN SATISFIED
5 = Exceeding expectations: excellent = VERY SATISFIED
Page 183 of 270
G
10
W
M"o =="I, F-11 3431,111 WWII,
U
1.0 2.0
Unsatisfactory to
Expectations
11
:2
4.0
Meets
N
MEN M V# "I
d -HC Lill L411ILF(IIJ We 41p6ratilinal acM.It
City through others?
+ + + + +
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
3. job Organization: Does the City Manager delegate responsibility effectively? Does the City
and systematic way?
--t--s jo
�
1.0 2.0 3.0 4.0
Unsatisfactory Below Satisfactory Meets E s
Expectations Expectations Expectations
COMMENTS -
0 -MEM
Page 184 of 270
el. Staff Development: Does the City Manager appoint and train effective subordinates? Is the
City Manager able to recruit and retain quality employees? Is the Manager committed to having
City staff operate well as a team? Does (s)he effectively develop Department Heads and staff
ronembers?
G
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
G,
G
4.0
Meets
ap-mv-1-giiiwil
0=�
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned- realistic and
budget?
9
a
1.0 2.0
Unsatisfactory Below
Expectatiol
G
G
4.0
Meets
I
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topi
and reports for the City Commission? i
1.0
Unsatisfactory
2.0
Below
�J
4.0
Meets
Page 185 of 270
7. Financial Reporting: Does the Manager provide periodic financial reports in a well-
designed, informative and understandable format?
+ + + + +
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
3.0 4.0
Satisfactory Meets
Expectations
ME
8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing the
city?
+ + + + +
1.0 2.0
Unsatisfactory Below
Expectatio
3.0 4.0
Satisfactory Meets
Expectations
M,
9. Productivity: Can the Manager be depended on for sustained productive work? Does the
Manager readily assume responsibility? Does the Manager meet time estimates within his/her
control?
+ + + +
1.0 2.0
Unsatisfactory Below
Expectations
3.0 4.0
Satisfactory Meets
Expectations
Page 186 of 270
M
10. Execution of Policy: Does the City Manager understand and comply with the overall
policies, laws and philosophy of the City? Do his/her efforts lead towards successful
a
0
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
a
a
4.0
Meets
I
ME=
11. Program Development: Does the Manager translate polices and objectives into specific
G
2
1.0 2.0
Unsatisfactory Below
Expectations
E. S,;
2
a
3.0 4.0
Satisfactory Meets
Expectations
Imagination - Initiative: Does the City Manager show or
the implications of various alternatives?
13
G
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS -
G
07 -mom"
a
1=
ty in approaching
RYW.
14kcri6w-&A
G
5.0
Exceeds
Page 187 of 270
COMMENTS:
14. Reporting: Does the City Manager submit accurate and complete staff reports on schedul
Do the reports adequately convey information on the City? I
1.0 2.0
Unsatisfactory Below
Expectatiol
COMMENTS.
3.0 4.0
Satisfactory Meets
Expectations
I
15. Commission Communication: Does the Manager provide the Commission with adequate
information to make decisions?
1.0 2.0
Unsatisfactory Below
Expectatiol
COMMENTS:
0-00M
4.0
Meets
M
Page 188 of 270
16. Written Communication: How effective are the Manager's letters, memoranda and other
forms of written information?
+ + +
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
3.0 4.0
Satisfactory Meets
Expectations
M 11
9r,
17. Response to Commission: Does the Manager respond in a positive way to suggestions arm
guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelin
2nd needs? i
—11 N�l
+ + + + +
1.0 2.0
Unsatisfactory Below
Expectations
4.0
Meets
U a = M M. =-9
it: KAMM *
proceUL1-e5711111e PWT TailTur-A plarr-cia-L W F1 L d11U
city?
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
3.0 4.0
Satisfactory Meets
Expectations
M
5P
I
Page 189 of 270
19. Economic Development: Does the Manager demonstrate leadership and vision in
promoting the economic development of the City while maintaining concerns for "quality of life"
issues?
+ + + j +
1.0 2.0
Unsatisfactory Below
Expectations
WCOMIJOHN
UI111307741'am 'r . 0 . ,
I. flamorol
MENEM M.. 11TOTM. ITNIM [WETZ.F.1 we] 1-111 oil 0410,11911F, I
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectations
IONHII Z1,101,Nia-
5.0
Exceeds
RA fult&-mu
�.Z,
Exceeds
Fe'u-i
VIL Relationship with Public/Public Relations
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City
Manager properly convey the policies and programs of the City?
1.0 2.0 3.0
Unsatisfactory Below Satisfactory
Expectations
X 1173 Yug -;RW
4.0
Meets
Page 190 of 270
22. Community Reputation: What is the general attitude of the community to the Manager? Is
asset or liability to the City?
a
U
a
G
1.0 10 3.0 4.0
Unsatisfactory Below Satisfactory Meets
Expectations Expectations
COMMENTS-
-4001 MW FqF•'�j I
I
ME=
23. Intergovernmental Relations: Does the Manager work effectivelywith federal, state, a
Wenenclal fo UTUI��=MVN-nager a Me fo—fa—cifin-fe—c-ooperative efforts among various loc
agencies and the City?
G
a
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS.
G
0
3.0 4.0
Satisfactory Meets
Expectations
Page 191 of 270
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a
Mt� I -as a nagef -alj+e
to divide his/her personal feelings from those which would most effectively convey the City's
i-tterpst?
a
0
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
G
G
10 4.0
Satisfactory Meets
Expectations
5.0
741W
a
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
a
0
4.0
Meets
G
U
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
a
ra
4.0
Meets
PMY# M,
Page 192 of 270
r,421,, -TXT# MO. KIM=
F491=111!3
RTI mA* F I I 1 171 111GAIM-1 01#31141 IiIisRoll its 11LINHIM Flual 11IF-1453713 lo 0 1
a
G
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS:
H
a
3.0 4.0
Satisfactory Meets
Expectations
28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does
the City Manager have an enthusiastic attitude toward the City, both professionally and
personally?
G
0
1.0 2.0
Unsatisfactory to
Expectations
COMMENTS:
H
U
4.0
Meets
Rnit-2W.&I
5.0
Exceeds
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good joll
Does the City Manager have good initiative and is the City Manager a self-starter? Does the Ciz
Manager have good mental and physical stamina?
a
2.0
Below
a
NO - mull a
G
4.0
Meets
iF
I
W741T,
Page 193 of 270
C
Im
1.0 2.0
Unsatisfactory Below
Expectationsr.
8
0
4.0
Meets
fff N ff Tg-e F -f u-TftYf MY 73 FV,5P011S1*111L1eS d11U U
have a reputation in the community for honesty and integrity?
0
0
1.0 2.0
Unsatisfactory Below
Expectations
COMMENTS -
to
G
3.0 4.0
Satisfactory Meets
Expectations
I
I
32. Self -Assurance- Is the Manager self-assured of his/her abilities? Is the City Manager able
be honest with himself/herself and take constructive criticism? Does the City Manager ta
r.1111R1r1h1(QV Rig 0 1 of
1.0 2,0 3.0
Unsatisfactory Below Satisfactory
Expectations
COMMENTS:
4.0
Meets
A3 #A&, &a
+
OR
0==
Page 194 of 270
a
my�l;,41im","Nm��lul,;I�l"*tiloj"ltl-6v!!I.r�", 01,10111
8
to 10
Unsatisfactory Below
Expectations
COMMENTS -
Strengths:
strong points as a manager?
Improvements suggested:
Commendations:
a
a
10 4O
Satisfactory Meets
Expectations
OMEEM
Page 195 of 270
�,.
N -n
JN�
K-), Q. KA
Page 196 of 270
Page 197 of 270
Performance Evaluation for the City Manager
Signature Page
Evaluator's Printed Name
-- �
Date( i j
Sci'
Performance Conference Date:
City Manager's Signature Date
ZOEMM
Page 198 of 270
This Addendum amends the Appointment Letter between the City of Boynton Beach and
the undersigned. Unless expressly modified by this Addendum, the original terms of the
Appointment Letter and any previous Addendum shall remain in fiffl force. The
Appointment Letter is amended as follows:
r."ASE SALARY. Paragraph 2.1 of Employee's Appointment Agreement is revised to
�ncrease the base salary by 2%, effective December 15, 2014.
Each and every other term and condition of the original Appointment Letter, and any
subsequent addendum, not herein specifically amended shall remain in full force and
effect.
In the event of a conflict between the Appointment Letter and this Addendum, th-
de +
dendum shall control.
The foregoing provisions represent the agreement of the parties and become effective
upon signature of the parties.
j
Dated: Dated: /AE/1
Oiere
J Ta 3 4
Dh LaV' r,--
ayor
F-(-ElVf D ON
1. it
Page 199 of 270
�11 �# Z&VIin,
This Addendum dated the _W day of January, 2014, amends the Appointment Agreeme
between the City of Boynton Beach and Lori LaVerriere, City Manager. Unle
WIN i Q W41,
W111"HAOIN"i
1. BASE SALARY. Employee's annualized base salary of $165,000.00 is
increased by 3% effective December 18, 2013.
2. 11.3 CITY and CITY MANAGER agree to execute all necessary agreements
provided by the International City Management Association -Retirement
Corporation (ICMA-RC) for CITY MANAGER's participation in said ICMA-RC
retirement plan, or any other comparable deferred compensation program. In
addition to the base salary paid by the CITY to CITY MANAGER, CITY agrees
to pay an amount equal to 8% of the CITY MANAGER's base salary not to
exceed the maximum annual contribution' including catch up permitted by IRS
regulations into the ICMA-RC account on CITY MANAGER's behalf, in equal
proportionate amounts each pay period, and to transfer ownership to succeeding
city or other qualified employer or the CITY MANAGER upon CITY
MANAGER's resignation or discharge.
3. Each and every other term and condition of the ornal Appointment Agreement,
and any subsequent addendum, not herein specifically amended shall remain in
fWI force and effect.
4. In the event of a conflict between the Appointment Agreement and this
Addendum, the Addendum shall control.
By- Dated:A-_j ("?Ciq
jIERRYtAY�R
Mayor
ated:_//jF///3
LORI LAVERRIERE
City Manager
Page 204tT'70
APPOINTMXNT AGREEMENT
th
THIS AGREEMENT, made and entered into this day of Febraary� 2013, by and
between the City of Boynton Beach, Florida, a municipal �orpiration, evari and Low
LAVERRIERE C'CITY MANAGEIV), pursuant to these terms and conditions:
WITNESSETH:
MR Kim cl - a go 6� Y
WHEREAS, the Commission has determined that LORI LAVERRIERE meets thw
qualification requirenients to save as City Manager and wishes to formalize her December 18,
2012 appointment as CITY MANAGER of the City of Boynton Bewh and provide terms aw,;)
conditions of appointment; and
NOW, THEREFORE, the COMMISSION, acting on belialf of and for the benefit of the
CrIY and CITY MANAGER agrac as follows:
1.1 CrIY MANAGER shall perform the fimetions and dutiesspecified in Article IV,
Section 49, of the City Charter and other legally permissible and proper duties and
functions as required of the office or as direcW by the COMMIS SION.
1.2 CITY MANAGER agrees to perform the diaties of CITY MANAGER with
diligencc� sIdl! and expertise. I
2WEEMM
2.1 CITY will pay CITY MANAGER for an annualized base salary of ONE
HUNDRED SIXTY-FrVE THOUSAND ($165,000.00) DOLLARS, payable in
equal bi-weekly payments; paid at the same time that other managerial level
employees of the CITY are paid.
3.1 The COMMISSION will provide the CITY MANAGER with a performance
evaluation no less thm annually, utilizing a process, fixm, criter* and format for
the evaluation which shall be agreW upon by the members of the CONSIISSION
m consultation with the CITY MANAGM
Page 201 of 270
3.2 In conjunction with any review of perfbrinance, the COMMISSION may increase
the base salary and/or other benefits of CITY MANAGER in such amounts and to
such extent as the COMMISSION may determine is proper.
3.3 The COAAfISSION may, from time to time, grant the CIW MANAGER a
perf)rmance based bonus, providpd the bonus is granted in accordance with s.
215.425, Floiida Statutes.1
4.1 The term of this agreement commences when signed by both parties and is
retroactive to December 18, 2012. The compensation differcntial resulting from
the CITY MANAGER's salary adjustment shall be paid in lump sum the first full
pay period immediately following the execution of this agreement.
a-.2 The N serves at the plemm of the City Commission and therefore
the appointment has no fixed term.
4.3 Nothing in this Agreement shall Hmit the right of the COMMISSION to taminate
the appointment of CITY MANAGER at any time� subject only to the provisions
set forth in Section 5.0 of this Agreement.
4.4 Nothing in this Agreement shah prevent limit� or otherwise interfere with the right
of the CITY MANAGER to resign at any time from her position with the CITY,
subject only to the provisions set forth in Section 5.0 of this Agreement
4.5 The Commission consents to the CITY MANAGER to residing outside the City
liLt,' ts of Boynton Beach.
I 1 1111 'g�g �'� 111
5.1.2 by the CITY CONIMISSION's unilateral termination of CJJY
MANAGER.
N
Page 202 of 270
5.2 In the event of a conflict between the sevemce benefit terms of this agreemew,
and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, thi
provisions of the, statute shidl prevail.
6.1 Unilateral tezraination shall be by vote by the COMMISSION and need not refleet
performance related reasons. In the event of a termination for misconduct, the CITY
MANAGER is not entitled to severance pay in acAux-datice with s. 215.425, Flozida
Statutes. If this Agreement is terminated by unilateral action by the CITY not based on
misconduct� CITY MANAGER shall be entitled to-,
6.1.2 twenty (20) weeks of severance pay. The term severance pay shall have the
meaning as set forth in s. 215.425, Florida Statutes.
6.1.3 reimbursement for as -yet unreimbursed expenses pursuant to this
Agreement.
I L I I "I
WR
7.1. If this Agreement terminates upon mutual ageement of the parties, CrN
NIANAGER the negotiated terms of severance shall be consistent with the limitation on
severance pay as set forth in s. 215.425, Florida Statures.
8.1. If this Agreement terminates due to CITY MANAGER!s disgility or
death, CITY MANAGER or her guardian or personal representative
shall be entitled to the following compensation and benefits,
Page 203 of 270
I
I I I I I IF, I i I I I 1r 11 Ii 1111 Ill 1117115; 1111111ill !1111 1111 lilt, I
nl,K;Vw= �
reimbursement for as -yet unreimbursed business expenses pursuant to this
Agreement.
12191111w:177
P,
le"m U -m wmj tsmm M., m
9.1.1 base salary through the date of resignation or such other date as mutually
agreed to between CITY MANAGER and the CITY.
9.1.2 reimbursement for as -yet unreimbursed expenses pursuant to this
Agrement.
9.2. A resigmation shall be submitted in writing to the COMMISSION througb the City
Clerk and shall provide for an actual resignation date no later than thirty (30) days
following the date of notice of resignation, or later with the conscmt of the
COMMISSION. The COMMISSION may establish an earlier separation date, but
compensation and benefits shall accrue through the fall ddity (30) days.
10.1. The CITY shall provide use of a vehicle to the CITY MANAGER which shall
used for business and unlimited personal use within the State of Florida.
vehicle shall be suitable for corulucting City business and of comparable quality
vehicles purchased for or assigned to City Managers in Palm Beach County.
0
Page 204 of 270
I I A The CITY will pay the premiums for City provided health, vision, dental, and
disability insurance for the Employee and her dependents.
1.2 CITY shall pay for and provide the CITY MANAGER with tam life insurance in
an amount no less than $330,000.00. The City will not be responsible for policy
renewal after the date of termination of appointment.
1] .5 CITY MANAGER will accumulate sick leave as provided under the rules and
regulations for other managerial employees of the CITY, including pay -out for
unused sick leave on termination based on the standard for employees of the CITY
hired before October 1, 1991.
Page 205 of 270
Management Association, and such other national, regional, state, and local
organizations, civic groups, and committees which the CIW MANAGER of ths
CrIT is a member and as the CITY may designate.
11.7 CITY will pay for the registmfion, travel and subsistence expenses of the Cl
MANAGER for short courses, institutes, and seminars that are necessary for
professional development and the good of the CITY. I
12.1- CrJY will reimburse CITY MANAGER for all business-related expenses upon
presentation to the Finance Di=Wr of duly executed expense vouchers, receipts,
statement or personal affidavits.
14.2 CITY reserves the right to select, appoin4 retain, and discharge legal counsel
necessary to provide the foregoing defense.
15.0 hDomnd
nil
Page 206 of 270
ii 5.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITi
MANAGER under any law or ordinance.
16.1 The CITY -has appropriated fiinds of the CITY in an amount sufficient to'fimd and
pay all financial obligations of the CITY MANAGER pursuant to this Agreement,
including but not limited to, the Severance and other benefits set forth above.
r-6.3 Them are no established hours of work for the CITY MANAGER. The CITY
MANAGER shall dedicate herself to the tasks necessary to effwtively and
efficiently manage the affairs of theMANAGER may a4just her
regular work schedule to balance the demands of extended business days and night
meetings, upon reasonable notice to the COMMISSION,
16.4 The CITY will provide the CUY MANAGER with a laptop computer or other
similar electronic devices suitable for on and off site business use.
17.1 The Agreement shall be binding on the CrIY and CITY MANAGER and thL
successors, assigns, and heirs of each respectively.
17.2 Ihe effective date of the Agreement shall be the date it is last signed by either the
CITY or the CITY MANAGER,
Page 207 of 270
Awi
IN WITNESS WHEREOF, the parties sign and exemAz this Agreement.
6y[V'l'M Woods
Approved as to Form:
' 306k90019,2 G3 7°a
2/0=3 6-26 PM
CITY OF BOYNTON BEACH, FLORIDA
CITY
ANAG
m
Lori
cre
TEST:
Pt�yClerkm
Page 208 of 270
12. B.
NEW BUSINESS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION:
PROPOSED RESOLUTION NO. R15-150 - Approve and ratify the reopened and amended Articles: Group
Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public
Services Union, CTW, CLC - Blue Collar Unit and the City.
PROPOSED RESOLUTION NO. R15-151 - Approve and ratify the reopened and amended Articles: Group
Insurance, Pension, and Wages of the Collective Bargaining Agreement between the SEIU Florida Public
Services Union, CTW, CLC - White Collar Unit and the City.
EXPLANATION OF REQUEST. The SEIU Blue and White Collar Collective Bargaining Agreements ending
September 30, 2017 have reopeners for the Group Insurance, Pension, and Wages Articles. Beginning in
July 2015, the City and the Union began negotiations for these Articles. On October 6, 2015, the Union
declared impasse, citing their dissatisfaction over the Wages Article. On November 13, 2015, the City and
Union met again for bargaining and were able to reach a tentative agreement which would provide, upon
ratification, a three percent (3%) across the board wage increase to members who are not at the maximums of
their pay grades and lump sum payments to those who are. SEIU ratified both the Blue and White Collar
contracts on November 23, 2015.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
Having agreements in place will provide bargaining unit employees and management with guidance on the
current terms and conditions of employment in effect.
FISCAL IMPACT. Budgeted A three percent (3%) wage increase upon the first full pay check following
ratification for year two (FY 2015-2016) of the collective bargaining agreements has been included. A
contribution of $1250.00 for each member who is active on the City's medical insurance for year two (FY
2015-2016) has been included.
ALTERNATIVES: Do not approve and ratify the agreements, which would result in returning to Impasse and
continued negotiations.
STRATEGIC PLAN: High Performing City Organization
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Page 209 of 270
Is this a grant?
Grant Amount:
ATTACHMENTS:
Action
Type
D
Resolution
D
Addendum
D
Resolution
D
Addendum
D
Addendum
REVIEWERS:
Department
Human Resources
Finance
Legal
City Manager
Reviewer
Action
Oldbury, Julie
Approved
Pyle, Judith
Approved
Swanson, Lynn
Approved
LaVerriere, Lori
Approved
Date
11/24/2015 - 8:13 AKA
11/24/2015 - 8:42 AKA
11/24/2015 - 3:43 PPA
11/25/2015 - 7:59 AKA
Page 210 of 270
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RESOLUTION R15 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING AN AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU
FLORIDA PUBLIC SERVICES UNION, CTW, CLC — BLUE
COLLAR BARGAINING UNIT FOR THE PERIOD OF OCTOBER
1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the terms of the Articles regarding Group Insurance, Pension and
Wages articles were subject to reopened negotiations between the City and the SEW Blue
Collar of the Collective Bargaining Agreement which expires September 30, 2017; and
WHEREAS, the Parties negotiated the terms and on November 23, 2015, the
SEIU Blue Collar unit ratified the amendment to the Agreement; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify and execute the
Amendment to the Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the amendment to the Collective Bargaining Agreement between the City of
Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC — Blue Collar
Bargaining Unit for the period of October 1, 2014 through September 30, 2017, and
authorizes the Mayor and City Clerk to sign the Amendment to the Agreement, a copy of
-1-
Page 211 of 270
32 which is attached hereto as Exhibit "A".
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Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this day of , 2015.
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
-2-
VOTE
YES NO
Page 212 of 270
10 DN 1iJI M:00
Page 213 of 270
City Final Proposalb 2015
ovein er
N ............ ..................
1111, 1 1 1
owl tilly V�A 0r*.1wr.1KMw I
�s,
18.2 Year Two (October 1, 2015 - September 30, 2016): B ei tjr,;�!1
niernbers will- recei ve a -three nt. '.M� i ncrease to Lheir h � �ud� �ba L ffective the
------------------ ----
fjrSt.,fu.1j.p.1y - - --- --- ----Meinhers who are athe maxifflUM --o------f-.----t---.h.-.-.-.-e...
.............
----- 112y
nam,(�_wifl receive. a ILI jun in 1jeU of an increase to their base rate,
Lap
... ......... . . . . ------------------- ........... . ............ .
18.3 Year Three (October 1, 2016 - September 30, 2017): Wage Reopener.___Ll�,eCUA
in -March 2016.
SEW Blue Collar & White Collar
YT
A - SElU
U,
Tflrditi_,_ 1111116-
Page 214 of 270
City Final Proposal - 7iyo.verylberl-� 2015
.....................
ARTICLE 41
L9Mm&dh1WmdngxcQucmd
41.0 INSURANCE
EIREM= i go,
E
�i ffective Oct obe�6r 1 '2015 the sole medical bc-ijefft jAli
bL —affiig1-i-f-)P--du--rt-1-�je --- Health Plan --- ( -1., Uff 'L e ta HDHP
----------------------------- -- -----
thil tn I
mLdical., ion and dental insur�gice - -(,)r al] -jr jx -rif, .rs
.1 rift, gic be
--- --------------------------------- -IL--
while emploved & (jit The membgri -_or fl
-.4--the �(' -3yjLZgXjjjL L i
-M,_cos, -HDHP medica
vii and dental
- -----------------
The City shall pay the total medical insurance, dental insurance, an?
vision care premiums for all regular employees. The employees will
pay the full cost of medical insurance, dental insurance, and vision
care premiums for their dependents.
41.1.2 Year Two: (0 ctober 1, 2015 through Septemb er 3 0, 2 0 16)
4
1. ThO 111'enju ni cost fo r "em )10V cc..oj11y„ I [_D H P medical insurance shall he r)aid bar the
sciated with coveri ng
....................aso
................. .
"e
2. Once.an rGprjg blishes..WsLher —Health. Savijig JN-
..gL yi
.........do ......... n L-, 1.h�row 1�ic) �,gn Er „i n zed
,,wi'l contribute a i t I of
U
1121 iLinto Qygf�!!�s fitjull pa
rs gZ-perjod check. d2klallo-wing
ratijj�gqjjgtij, tic ly -ni -�Q).n..
°�Jo
Lbr, k.date in Section 2 above.
11heQ-ty k,-. �1 or Arlt r4 r. vt: r W& ...=LI yal, Of to
7. ue of
--- Up—
ae n hundred fift- dol
d- lanslzu-
-( fter rpension dje-d i)...o auspniii nation of
ick .gmd. vacadonTh is
.c�... Mnyersion, rato-t-o-1help. fund their
........ IL.rj 1, 1-,.2 �01 6 � �A 3 ...x.11 ..CAn amauntup 'AIMRAlized total of $75 91
1 -------------
........Ali gu-st, j.- ZD! ,-Qan a -"a
�qp
uj:ajj I of
SEIU Blue Collar & White Collar
TA - IU
CO-
,rA/- city
Page 215 of 270
d. . For rL s -ti "annuallized" means an. ober 1,
L--42.ur� Qggj
. -gf .. thi-s. Ag _pLyear Oct --- 20-b-
Lhrou& v
-4
®®®®®-New f b Jrdc --- on or after October 112-011-5-1 —111M] ---accrue --- goIe-Aund.red dollars
=001.0 (A) -11cr saii-e-nosit into thei, HSA thrQU&kj.5,g
jjjember 201
- -------------------------- �61
w -."Il be made L11—le—f—Irst —Cflelc
which t1te membe b g
— -- -------------------------------- r ---- P, �91-ft g1j,'gi
41.1.3 Year Three: (October 1, 2016 through September 30, 2017)
The City and Union agree to reopen this rticleiriMarch2016,
. .............................................................................. --
41.2i""",�,,S"41--'k'(�
. ...k:.. AA,"4,-,(R ..... . .. .
4 city
A 4.3
....,..m, .. .... ....
SEIU Blue Collar &
T-�- ED-
-y'
T
Page 216 of 270
46.1 Employees will continue to participate in the employee's pension plan of the City of
Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety� upon request
from the Union.
46.2 The City and the Union agree to conform the pension plan to state requirements
pertaining to municipal pension programs.
46.3 Year Two (October 1, 2015 - September 30, 2016):
QUO.
Year Three (October 1, 2016 - September 30, 2017): The City and the Union agree
to reopen this,�i k -Article at th�
u �Ps t C,'Ji ty -i f 12 016
SEIU Blue Collar & White Collar
YA — S—EJU
IN,
F?I;M
Page 217 of 270
Agreed to this day of . 2 0 15 by and between th e respective
Parties through the authorized representatives of the Union and the City.
SEW Florida Public Services Union,
CTW, CL
'onflrmed by.
Alphonso Mayfield
President
070Z=�r�
NEZE=
K
Janet Prainito
City Clerk
NMW/., /
Lori LaVerriere
City Manager
Jerry Taylor
Mayor
SEW Florida Public Services Union, CTW, CLC - Blue Collar
October 1, 2014 - September 30, 2017
Page 218 of 270
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RESOLUTION R15 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RATIFYING AN AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU
FLORIDA PUBLIC SERVICES UNION, CTW, CLC — WHITE
COLLAR BARGAINING UNIT FOR THE PERIOD OF OCTOBER
1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the terms of the Articles regarding Group Insurance, Pension and
Wages articles were subject to reopened negotiations between the City and the SEW
White Collar of the Collective Bargaining Agreement which expires September 30, 2017;
and
WHEREAS, the Parties negotiated the terms and on November 23, 2015, the
SEIU White Collar unit ratified the amendment to the Agreement; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify and execute the
Amendment to the Collective Bargaining Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby ratify the amendment to the Collective Bargaining Agreement between the City of
Boynton Beach and the SEW Florida Public Services Union, CTW, CLC — White Collar
Bargaining Unit for the period of October 1, 2014 through September 30, 2017, and
-1-
Page 219 of 270
32 authorizes the Mayor and City Clerk to sign the Amendment to the Agreement, a copy of
33 which is attached hereto as Exhibit "A".
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Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this day of , 2015.
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
-2-
VOTE
YES NO
Page 220 of 270
141ft! t! 3 ,30!
! i '
1... �,...�;
ViTI4,11KII9W1A:A.11 TT lMmrm
Page 221 of 270
City Final Proposal 1.3,2015
------------
MOIL"MMM=-N MM11WAII[al
18.3 Year Three (October 1, 2016 - September 30, 2017): Wage Reopener.--ib���
Union1grgfLto or)en I i5 I
h Artid- in March. 2016.
. ................... .................
SEIU Blue Collar & White Collar
fA — SEIU
Q011,-, 1111116 -
TAI city
Page 222 of 270
I City Final Proposal - I "'.'VoVertiber 13.2015
ARTICLE 41
ENMIJNUN�11 4 ZW
Effective..O.E.t(lber 1. 201-5the sole niedicfil..b.9
efit...Iti,.I.je-gyajj'_p
il gin,
Health Plan C.L.LD 'Eh
z
21 1� DI -P
ine icaj vision and d ta] insuranc rmir i
g Pjxuala &1: al!
w1wj2- he full cost of.H�DHP.-Ene
. ......... jtj(�
gD,.,and dental iLisurancg,f2r.jh.......�t
..... .p ,
eir L �j..
ill 11
11 �Ip1
IN 1 9 1 1 0 !MEUSMM+ - 1 1�
The City shall pay the total medical insurance, dental insurance, and
on care premiums for all regular employees. The employees will
pay the full cost of medical insurance, dental insurance, and vision
care premiums for their dependents.
41.1.2 Year Two: (October 1, 2015 through September 30, 2016)
IJf4
1. The premium c
onl" �JJDF�Iflnic�dica insj-, nce, shall be paid tie
Umua..—L skull
Cit E for pg
LS�� __ �Jbt(�_ _Vill
DJ jig
Lievendi!j2ts
2. Qnce..an.tpi Sayine ..A.'co A
_p ........ .......... ............
done .... thr.9 lae C�m,__ 'bute an .2jajized total of
J
rio c date folio .=...aM±Mg110 e ' S H A qj�i
g
ratificati
!2,,jnuat..be,...eMD1oved on
check dgj�g in Section 2 ab e.
cit wflj�
...........
to
seven hundre,..fit y �)Ilar�s.$.Z5.q
_,,Q.Qj_Lift-_er,4 11.si on of any com i
IICL ---Q _dgd1!gtJ
j&--a-ndvagion -J—
rn
conversion can..b.,-..d.....ag-dgjjngjjg M
.......p'j,..Larr amount uto an.annualized total of 75C
Lrij 1 2016 .--,Ap Do
�C Au ggLu5 --ZQ16 - AuguLt-3-1-of
SElU Blue Collar & White Collar
XIT —�-S E rg- city
Page 223 of 270
d� Fc
q n j: ;vLQvvf ia Arti6f,"annumlized" �L - J.
- — --------------------- j@ �Ej 5,
jtjmug:tL,Se.pIt-(rnbe-r 30 '2()'16.
L&�
lars
tjjQQ,DD)--R �,rnioy�ithfor for ;fie- (�NLULAEVRLJL't Into the-ir FISA throug!LS-v
pte nfrie, �rZl 0 16
wilile �erLQved. The jAai,-,d_Ljep made the firstcheckQf �Vhc,. :mint in
�in
which the membe-ribec-mu.,
r
- W -e
41.2
b"x
4i� -nt'Pi
2
'42 .. ... .... tl-le .. .... . . ...
c" "i a -4
......... ne"',
SEW Blue Collar//&
A
�® SEIU
® 7 tr
CA-0-
TA/- City
Page 224 of 270
ERVOUXT-1
46.1 Employees will continue to participate in the employee's pension plan of the City of
Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual
actuarial valuation report will be provided to the Union, in its entirety, upon request
t-oww*e UTioTt.
46.2 The City and the Union agree to conform the pension plan to state requirements
pertaining to municipal pension programs. i
46.3 Year Two (October 1, 2015 - September 30, 2016): -47`,.�,,°ii,
c 1,,-,,,S-t-at,L; S Q ti r.)
SEW Blue Collar & White Collar.
-SE IU
Page 225 of 270
Agreed to this - day of - 201S by and between the respective
Parties through the authorized representatives of the Union and the City.
Confirmed by.
Alphonso Mayfield
President
grim=
Krwr=
Ti-
Lomrm,
EM
'I M11
NM
Lori LaVerriere
City Manager
BE
MMEWI�
001161
SElU Florida • Services Union, CTW, CLC - White Collar
October 1, 2014 - September 30, 2017
Mow=
Page 226 of 270
Oldbury, Julie
From: Joseph Brenner <joseph.brenner@seiufpsu.org>
Sent: Monday, November 23, 2015 7:15 PM
To: Oldbury, Julie
Cc: Kalem Mandi; Carpenter, Thomas; Eichorst, Rob; Roberts, Don; Simmons, Anthony
Calvin; Russell Eichorst; Barbara Watson; Rodrigo Hidalgo; Rick Smith; Alphonso
Mayfield
Subject: SEIU VOTE RESULTS 11/23
Hello Julie,
Today's SEIU Contract votes went as follows:
For the Blue Collar unit, there were 15 Yeses, 0 No, and I provisional ballot.
For the White collar unit, there were 10 Yeses, 0 No, and 4 provisional ballots.
Please let me know if there's anything more you need from the union.
Best,
Iff
Joey Brenner, Deputy Chief of Staff for Research, Information and Representation Services
SEIU-Florida Public Services Union
josel2h.brenner -seJu su.org
561-308-1919
Page 227 of 270
12.C.
NEW BUSINESS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R15-152 -Authorize the Mayor to
sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community
Redevelopment Agency (CRA) for the implementation and provide for CRA funding of the Neighborhood
Officer Policing Program.
EXPLANATION OF REQUEST:
On November 10, 2015, the CRA Board approved an Interlocal agreement between the City and CRA for the
implementation of the Neighborhood Officer Policing Program.
At the August 6, 2015 CRA budget meeting, the CRA Board voted to fund a neighborhood policing program for
the Heart of Boynton community in the amount of $200,000. The CRA secured a location; 404 E. Martin
Luther King Blvd. for the programs base of operations.
The CRA staff has worked with the City Police Department to develop the Neighborhood Policing Program for
the area and is a part of the ILA.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide a neighborhood policing program
for the Heart of Boynton Community.
FISCAL IMPACT: CRA will provide up to a maximum of amount of $200,000 for the management of the
Neighborhood Officer Policing Program as outlined in the ILA.
ALTERNATIVES: Do not approve the ILA
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
Page 228 of 270
ATTACHMENTS:
Type
REVIEWERS:
Department
Finance
Finance
Legal
City Manager
Description
Resolution approving ILA with CRA for Policing
Program
Reviewer
Action
Howard, Tim
Approved
Howard, Tim
Approved
Swanson, Lynn
Approved
LaVerriere, Lori
Approved
Date
11/20/2015 - 8:43 AKA
11/20/2015 - 8:43 AKA
11/23/2015 - 10:54 AM
11/24/2015 - 8:56 AKA
Page 229 of 270
I
RESOLUTION NO. R15-
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY TO IMPLEMENT THE
7 NEIGHBROHOOD OFFICER POLICING PROGRAM AND
8 PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to
10 eliminate slum and blight and to facilitate reinvestment within the Community
11 Redevelopment Area; and
12 WHEREAS, the proposed NEIGHBROHOOD OFFICER POLICING PROGRAM
13 attached as Exhibit "A" will help the Community Redevelopment Agency to achieve its goals;
14 and
15 WHEREAS, the City has the ability to manage the NEIGHBROHOOD OFFICER
16 POLICING PROGRAM; and
17 WHEREAS, the cost of implementing the NEIGHBROHOOD OFFICER POLICING
18 PROGRAM is $200,000 and will be paid for by the Boynton Beach Community
19 Redevelopment Agency; and
20 WHEREAS, the City Commission of the City of Boynton Beach, upon
21 recommendation of staff and the CRA Board, deems it to be in the best interests of the
22 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement
23 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
24 Agency regarding the creation of the NEIGHBROHOOD OFFICER POLICING PROGRAM.
Page 230 of 270
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. Each Whereas clause set forth above is true and correct and
28 incorporated herein by this reference.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
31 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the
32 implementation of the NEIGHBROHOOD OFFICER POLICING PROGRAM, a copy of said
33 Interlocal Agreement is attached hereto as Exhibit "B".
34 Section 3. That this Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this day of 2015.
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51 ATTEST:
52
53
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55 Janet M. Prainito, MMC
56 City Clerk
57
58 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
YES NO
Page 231 of 270
12.D.
NEW BUSINESS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION:
PROPOSED RESOLUTION R15-153 - Authorize the Mayor to sign an I nterlocal Agreement between the City
of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the Maintenance of the
North Entry Signage Project.
EXPLANATION OF REQUEST:
On November 10, 2015, the CRA Board approved an ILA between the City and the CRAfor the maintenance of
the North Entry Signage Project.
The CRA is in the final stages of completing the North Entry Signage project located along the west side of
North Federal Highway between the C-16 canal and NE 15th Avenue.
The ILA is for a two (2) year maintenance period for this project and provides for the CRA to reimburse the
City for maintenance costs.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Will provide an attractive entry point into the
City on North Federal Highway and provide funding for the initial 2 year maintenance costs.
FISCAL IMPACT. The City will incur additional expenses for maintenance once this project is complete, this
ILA will provide for reimbursement of those costs from CRA for a two (2) year period.
ALTERNATIVES: Do not approve the ILA.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Page 232 of 270
Type
REVIEWERS:
Department
Finance
Finance
Legal
City Manager
Description
Resolution approving ILA with CRA for North Entry
Signage
Reviewer
Action
Howard, Tim
Approved
Howard, Tim
Approved
Swanson, Lynn
Approved
LaVerriere, Lori
Approved
Date
11/20/2015 - 8:57 AKA
11/20/2015 - 8:57 AKA
11/23/2015 - 10:54 AM
11/24/2015 - 8:56 AKA
Page 233 of 270
I
RESOLUTION NO. R15-
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY FOR THE MAINTENANCE OF
7 THE NORTH ENTRY SIGNAGE PROJECT AND PROVIDING AN
8 EFFECTIVE DATE.
9 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to
10 eliminate slum and blight and to facilitate reinvestment within the Community
11 Redevelopment Area; and
12 WHEREAS, the North Entry Signage Project attached as Exhibit "A" will help the
13 Community Redevelopment Agency to achieve its goals; and
14 WHEREAS, the CRA has designed and constructed the improvements known as the
15 North Entry Signage Project on North Federal Highway; and
16 WHEREAS, the CRA agrees to reimburse the City for the cost of maintenance for the
17 North Entry Signage Project; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon
19 recommendation of staff and the CRA Board, deems it to be in the best interests of the
20 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement
21 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
22 Agency regarding the maintenance of the North Entry Signage Project.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Page 234 of 270
25 Section 1. Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
29 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the
30 maintenance of the North Entry Signage Project, a copy of said Interlocal Agreement is
31 attached hereto as Exhibit "B".
32 Section 3. That this Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this day of , 2015.
34 CITY OF BOYNTON BEACH, FLORIDA
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46
47
48
49
50
51 ATTEST:
52
53
54
55 Janet M. Prainito, MMC
56 City Clerk
57
58
59 (Corporate Seal)
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
YES NO
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Page 235 of 270
13.A.
LEGAL
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-031 - SECOND READING -
PUBLIC HEARING - Approve the fourth extension of the suspension of the application and enforcement of the
Workforce Housing Program for a period of one year.
EXPLANATION OF REQUEST:
The City adopted the Workforce Housing Program (WHP) on April 3, 2007. The program requires developers
of projects with a residential component to set aside a certain percentage of units for low and moderate
income households (the WHP does not address housing needs of very low income households).
By the time the WHP was adopted, the residential market in Palm Beach County was already in a downturn.
Consequently, the program was never applied to any projects, as none were being built until 2011, when the
first signs of recovery appeared. In December of 2011, the City Commission approved a two-year
suspension. which was then extended for one year in December 2013 and December 2014. The rationale
behind the suspension was based on a fear that the WHP's requirements may inhibit re-emerging but still weak
development and redevelopment activities, a particular concern in the downtown and surrounding areas.
There were also additional arguments for suspension. Although a sharp decline in home prices in the City
significantly improved price affordability for home buyers, many households found it difficult to qualify for a
loan under stringent underwriting standards. Such issues were not addressed by the WHP. Moreover, at that
time the rental housing market offered reasonably priced units for low -to moderate income households.
Similar arguments were made in 2014. However, affordability of rental housing in the City was steadily
deteriorating as rents continue to rise and wages remained stagnant.
Staff still believes that ending the suspension of the Workforce Housing Program and reinstating it with its
current requirements can jeopardize the as yet fragile recovery, especially since the surrounding
municipalities do not have such a program.
Staff has been working on revisions to the program and plans to review the proposed changes with members
of the development community. The requested one-year suspension would allow for completion of this
process.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on City programs and services
FISCAL IMPACT. None
ALTERNATIVES: Staff does not recommend any alternatives at this time
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
Page 236 of 270
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
REVIEWERS:
Department
City Clerk
Description
Ordinance approving fourth extension of the
suspension of the application and enforcement of
the Workforce Housing Program
Reviewer Action Date
Pyle, Judith Approved 11/20/2015 - 10:36 AM
Page 237 of 270
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ORDINANCE NO. 15 -
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1,
ARTICLE V, SECTION 2, "WORKFORCE HOUSING PROGRAM",
AMENDING SUB -SECTION I, "SUSPENSION OF PROGRAM"
CONTINUING SUSPENSION OF APPLICATION OR ENFORCEMENT
OF THE WORKFORCE HOUSING PROGRAM FOR A PERIOD OF
ONE YEAR; PROVIDING FOR AUTOMATIC REIMPLEMENTATION
OF APPLICATION AND ENFORCEMENT UPON THE EXPIRATION
OF THE STATED TIME PERIOD; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Workforce Housing Program was adopted by the City Commission on
April 3, 2007; and
WHEREAS, on December 6, 2011, the City Commission approved the suspension of
the Workforce Housing Program for a period of two (2) years in order to offer interim relief to
stimulate development; and
WHEREAS, in December, 2013 and December, 2014, the City Commission extended
the suspension, one more year based on a concern that the Workforce Housing Program's
requirements may inhibit re-emerging but still weak development and redevelopment activities;
and
WHEREAS, staff believes that ending the suspension of the application and
enforcement of the Workforce Housing Program and reinstating it with its current requirements
can jeopardize the "as yet" fragile recovery therefore staff has been working on revisions to the
program and plans to review the proposed changes with members of the development
community; and
WHEREAS, the City Commission has considered the recommendations and has
determined and finds that it is in the best interest of the citizens and residents of the City of
-1-
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Boynton Beach, Florida to continue suspension of the application and enforcement of the
Workforce Housing Program for a period of one (1) year.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. The Land Development Regulations of the City of Boynton Beach Code
of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby
amended as follows:
I. Suspension of Program. Commencing December 15, 2011 and ending
December 14, -2444-5,2016 application of the Workforce Housing Program is
suspended and parties to whom it may apply are relieved of any compliance
requirements. The Workforce Housing Program will automatically be re -
implemented upon expiration of the suspension of the application and
enforcement of the Program.
Section 3. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
-2-
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FIRST READING this day of , 2015.
-3-
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I SECOND, FINAL READING AND PASSAGE this day of , 2015.
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ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
-4-
VOTE
YES NO
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13. B.
LEGAL
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 1211/2015
REQUESTED ACTION BY COMMISSION: Review of Ordinance 15-002 for modifications or rescission.
EXPLANATION OF REQUEST:
At the last City Commission meeting the City Commission requested that Ordinance 15-002 which was
approved March 17, 2015 be returned to the Commission for consideration of modifications or rescissions to
the ordinance.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT. Non -budgeted N/A
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Ordinance Ordinance 15-002
D Minutes Minutes from first reading of Ordinance 15-002
D Minutes Minutes from second reading of Ordinance 15-
002
D Staff Report Staff Report from Ordinance 15-002
REVIEWERS:
Page 242 of 270
Department
Reviewer
Action
Legal
Swanson, Lynn
Approved
Finance
Howard, Tim
Approved
City Manager
LaVerriere, Lori
Approved
Date
11/24/2015 - 3:17 PPA
11/24/2015 - 3:25 PPA
Uff"ADIENNUMMM
Page 243 of 270
ORDINANCE NO. 15-002
(Amended for Fii A Second Reading)
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA APPROVING AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II
ENTITLED "DEFINITIONS"; CHAPTER 3, ARTICLE IV,
SECTION 3.1), "`O'f�'USE MATRIX NOTES"; CHAPTER 3,
ARTICLE IV, SECTION 3.D., TABLE 3-28 "USE MATRIX";
PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City's Zoning Regulations accommodate uses that provide medical
testing and treatment in the following three general categories; 1) hospitals; 2) medical
offices; and 3) imaging, testing and support services, however, of the three uses, the only one
where in-patient medical care is permitted is hospitals; and
WHEREAS, until recently, there has not been a demonstrated demand in the City
for medical services that provide 24-hour care to patients, however, in response to the recent
demand for services that provide 24-hour ern -in-patient care, treatment and/or testing such
as those involving + �t-. stLbstancc abuse,_ staff has analyzed the zonins> regulations and
rp oposes amendments to address this deficiency by accommodating these uses~ as well as
_other excluded businesses that similarly orovide overni Yh� t medical services such as those
pertaining to sleep disorders, eating disorders, labor and delivery, and hospice care and
Vii., rry 11 L ill wC,td:a�' izl acs,, si
Vie; and
WHEREAS, the City Commission finds it to be in the best interest of the citizens
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and residents of the City to approve the recommendations of staff and amend the Land
Development Regulations as reflected herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section L The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. Chapter 1, Article 11 of the Land Development Regulations entitled
"Definitions" is hereby amended as follows:
Definitions (LDR, Chapter 1, Article II):
Medical Care or Testing (In patient)
acilit excluding hospitals, which � o ep n 24-�hous
davor provide, 24-hour healthcare, treatment, and%or examinations, tp(gyy rc uir�ing
overnight stays and are based ei on emerge, planned, _or scheduled admittance to
facilities with controlled and secured access to ensure apprafriate car e of patients. Such
facilities include:
Alcohol or chemical dependency it°e�ztnaent centers licensed pursuant to Chapter 39?,
Florida Statutes;
Mental health treatnnent�facilities licensed pursuant to Chapter 394; Florida Statutes
(Jrent care centers 24 hour:
Inpatient_(���ti
tng serijces such as sleep disordercenter.s,-
Birth centers licensed pur5iLnt to Section 163 05: I-lorida Statues
Hospice facilities licensed ou suant to PartIl' of Ch meter 400' Florida Statues
Eatint, disorder treatment centers,' and
• Nursing homes, and physical rehabilitation centers licensed pursuant to Section
100.062 Florida Statutes.
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t "Gro
♦—fid ir,u!{-,.
• Medical or Dental Imaging/Testing/Support Services (Out patient
• Medical or Dental Office (Outpatient) A facility or clinic operated by one (1) or
more physicians, dentists, chiropractors, or other licensed practitioners of the
healing arts for the examination and treatment of persons solely on an outpatient
basisi-1C hh!11,1f Irec rnc., t. Images, body fluids or other......;
- -
• M- ental Health and Substance Abuse — see " Medical Care or
Testing (Inpatient).
Section 3. Chapter 3, Article IV, Section 3.D. of the Land Development Regulations,
Zoning Matrix Notes is hereby amended as follows:
No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if
located within two one hundred (2"(1901 feet from a residential zoning district or mixed
use zoning district."
No. 14. The subject use is only allowed on a lot that fronts on an arterial or collector
foadvay street as defined in Part III Ch. 1 Art. 2 of the LDR under definitions for "Street -
Arterial" and "Street -Collector". Exceot for uses providing Medical Care or Testing (In-
patient) shall be limited to lots that front on an arterial roadway.
Tile is n,ua@r"� 4a—led, tars it tssn -� :t��� l"t �r➢r�i��?�a k § �� §� �� .� ��i "�� �Yv�`
P Lc'o (W, 1400,- i "ri:
ItV ,Ht - ,',§ 4 ,..i 4-o . 9 a 4 k(" "'� 'w iit` std
36' No. 58. Restaurant.
3
a. All Districts. See Chapter 3, Article V. Supplemental Regulations regarding the
sidewalk cafe permit.
b. C-1 District. A restaurant is allowed as accessory use to a business or professional
office and/or a medical or dental office but subject to the following conditions:
(1) Signage. No external signage for the restaurant use shall be allowed;
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(2) Hours of operation shall be limited to coincide with the hours of operation of
the principal use.
c. M-1 district. This non -industrial use is allowed within the M-1 district, provided that
it 1) is located within a multiple -tenant development on a lot that fronts on an arterial
or collector roadway, 2) does not exceed two thousand, five hundred (2,500) square
feet; 3) eentains ., ma-ximum of twelve (1 2) seats; 4 3) excludes a drive -up, drive-
through, or drive-in facility; and -5 4) complies with all off-street parking
requirements of Chapter 4, Article V. In addition, the sale of used merchandise is
only allowed as accessory to the sale of new merchandise.
No. 101. Medical Care or Testing (In-patient)
Other requirements and site standards:
a. Conditional use at) roval shall be required if there exists less than a 50 foot
;—ni btii4dn selb c 4ia-fl,be,between the subject use and 'eet when -an
abt 1iti is{� a resi( ent - I or nixed 'ase zoni nE distr' ,t this separation is intended to
enable proper site design regarding secured access private outdoor patron amenities,
buffering, etc.
b. Site security shall be ensured throua_minimum of`surveillance carneras, limited
and controlled access paints. and o�eratiQrlal tarocedures to restrict unauthorized
and/or unarranged accessing or exitinthe facility and/or property. This subsection
may_b"Loven unnecessary -based on the use or operation, surrounding land uses
armed/or site design. Justification shall be provided to staff in con1unction with site
pian,review or when q l inLy for Certificate of Use approval `pito f 1 b
a €-'11444 '4fnLill1-,"l
f is ; 1 ; 9" r i z E d c3 fi- i IeEkk� d... � 's
r4 I i—c e t> (A a 3 �� @�x� �o .
adv k ��s 4 F? > 3 § c, ➢
c. Privacv and access control shall be ensured through a minimum of perimeter fencin
and landscape buffering, intended to support the objective to control access and
increase Drivacv of areas intended for client or patient use. This subsection may be
proven unnecessar�y based on the use or operation, surrounding land uses and/or site
design. Justification shall be provided to staff in conjunction with site t?laal review or
when app/ ing for Certificate of Use approval.
d. In addition to the locational restriction of footnote #14 (arterial roadway fr nta.&&
allowed locations within the CRA shall exclude I'lanning,Areas #2 #3 and #4 as
i
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I
002
defined within the Federal Flighway Corridor Com iunity Redeveloment Plan
Update adored in 2006 and the Boynton Beach Boulevard corridor. The intent of this
standard 1S tCR...... .
.
tee reserve certain areas within the ; i ,,i 4w -e- CRA tothose uses that contribute to, grid
enhance, the entries into the downtown_ the fabric of the streetscape, harmonious
land use relationshim downtown retail and commerc e, and other urban development
efforts that establish a sense of place along the key routes leading to, and within, the
downtownnursuant to an adopted redevelopment plan t . k k
1-4
t`Ior3§ it§„tlyl4�fs:m
;4��-i...e'v , e-'141 a i'� i.....'1 Et,. ; sey`r#�lt 3
lmlt tR9t _L'cr1`€S-1s t;'a PI'�,.
L#zxz..-Us - i'cleio-
���a-ry�;�a,�i-��tt� �`�£l�✓'.�i��st�£ �4vr�i�€r'-£�fy�v-F?"'���xs\~§�'�`�at�lx�"lkla.�,�' ����'�,�i<����t�3���'
r�✓Y s § t'' ���s' �='a.��n �✓ �; lie t ivx��:(. � ri~s`:FR�•,
No. 102. Pre-existing. Such pre-existing uses which are no lonver allowed uses pursuant to
amendments to the Zoniny, Matrix shall not be construed as non -conforming uses. However,
major modifications to such uses shall be in accordance with the conditional use approval
process if required pursuant to the Zoning Matrix and adhere to the site design and
operational restrictions of the applicable footnotes.
Section 4. Chapter 3, Article IV, Section 3D of the Land Development
Regulations, Use Matrix Table 3-28 (Excerpt) is hereby amended as follows:
D. Use Matrix (Table 3-28).
See attached Exhibit "1-A"
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. This Ordinance shall become effective immediately on second.
FIRST READING this 3rd day of February 2015.
SECOND, FINAL READING AND PASSAGE this 17t" day of March, 2015.
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ATTEST:
Jant M. Prainito, MMC
y Clerk
CITY OF BOYNTON BEACH, FI.,ORIDA
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE
YES NO
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MEETING MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FL FEBRUARY 3, 2015
Motion
Commissioner Merker moved to approve Proposed Ordinance No. 14-031. Mayor
Taylor passed the gavel and seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 2-3 (Vice Mayor Casello and
Commissioners McCray and Fitzpatrick dissenting).
Motion
Commissioner Merker moved to approve Proposed Ordinance No. 14-032. Mayor
Taylor passed the gavel and seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 2-3 (Vice Mayor Casello and
Commissioners McCray and Fitzpatrick dissenting).
Attorney Cherof advised the remaining items were conditioned on the approval of the
abandonment and land use change which did not pass. The other items on the agenda
relating to Casa Del Mar were moot.
F. PROPOSED ORDINANCE NO. 15-002 - FIRST READING - Approve
amendments to the Land Development Regulations, including amendments to the
Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes to establish a new
use titled Medical Care or Testing (In -Patient) to allow medical uses that provide 24-
hour services or treatment.
Attorney Cherof read Proposed Ordinance No. 15-002 by title only, on first reading.
Motion
Commissioner Merker moved to approve Proposed Ordinance No. 15-002. Vice Mayor
Casello seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Mayor Taylor opened the issue for public hearing. No one came forward.
22
Page 251 of 270
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL
Motion
MARCH 17, 2015
Commissioner Merker moved to approve Resolution R15-030. Commissioner McCray
seconded the motion.
Vote
The motion passed unanimously.
13. LEGAL
A. PROPOSED ORDINANCE NO. 15- 002 - SECOND READING - PUBLIC
HEARING - Approve amendments to the Land Development Regulations, including
amendments to the Definitions, Zoning Use Matrix, and corresponding Use Matrix Notes
to establish a new use titled Medical Care or Testing (In -Patient) to allow medical uses
that provide 24-hour services or treatment. (TABLED TO 3117115)
Motion
Commissioner McCray moved to remove Items 13.A and B from the table.
Commissioner Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
Attorney Cherof read Proposed Ordinance No. 15-002 by title only, on second reading.
Motion
Commissioner McCray moved to approve Ordinance No. 15-002. Commissioner
Fitzpatrick seconded the motion.
Mayor Taylor was in favor of limiting the use to C-3 zoning. It has been approved by the
Planning & Development Board. Staff now recommends C-2 and C-3 too. Vice Mayor
Casello was in favor of C-3 and C-2. He was not in favor of the change, but he
understood why it was being done.
In his experience, Commissioner Fitzpatrick surmised these would all be quiet places.
He did not see a problem and noted it was not a sober home. It was highly regulated
with 24-hour supervision. It is another storefront.
27
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL
MARCH 17, 2015
Vice Mayor Casello asked why they were all along main roads and why could they not
be situated in the CRA district. Mr. Rumpf first explained the regulations do not include
in-patient medical care uses except near a hospital and limited to the PUD or PU zoning
district. It does consider the impact on lower density areas and the redevelopment
area. Compliance with federal laws, ADA and FHA, is an objective. Hospitals have
been removed and the PUD zoning district would remain intact. The 100 -foot
separation attached to the conditional use requirement was removed and now attached
to the 50 -foot setback if not achieved. A waiver provision for the site and operational
requirements were added. There is a variation in uses and the provisions may not be
necessary.
Even though a consolidated plan is being revised, there are some Code provisions that
require amendments at this time. The recommendation is to allow them outside the
extended core area of the CRA. The objectives are met and there are 30 different
parcels or areas that would be eligible for the proposed uses. Five are between one
and twelve acres in size. Those parcels are west, along arterial roadways. These
would be larger separation regulations. There are 20 parcels or areas in the east and
three that are vacant and range between .8 and 1.3 acres. All the properties east are
smaller and that is why the west and larger parcels are encouraged. Portions of the
CRA are eligible. There would be a case-by-case review of those not meeting the
minimum setback standards. It reserves the CRA planning areas which are envisioned
for commercial concentrations, slow traffic and pedestrian emphasis. This use would
not be a contributing use to a redevelopment area.
The fact these facilities operate around the clock, needs different regulations than
outpatient medical uses such as a doctor or a dentist office. Many of those offices are
located in C-1 zoning districts which are in close proximity to residential or low density
areas.
The proposed change would avoid the approval process not required of other uses.
The individual use characteristic would have to be considered. It would avoid
segregating or institutionalizing the uses.
In the CRA area the uses in the corridor should engage and contribute to the corridor for
shoppers and motorists. If there is a gap or institutional or medical use, it does not
have to interact, but it changes the pattern of motorist behavior as well as shoppers.
Land use patterns should promote compatibility and harmonious land use relationships.
Mayor Taylor opened the issue for public comment.
Mark Karageorge, 240A Main Boulevard, agreed the change needs to be in C-3 only,
based on the Business Development Board who also feels this should be C-3 only.
Staff's original proposal was for the C-3 zoning only, but was changed at the Planning
and Development Board level. There was a potential for adverse effect with including
28
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL
MARCH 17, 2015
C-2 and C-1 and the neighboring communities. He urged the Commission to amend the
change to C-3 only. The goal is to bring business into the City and there are medical
uses throughout the City. The limited use would serve the citizens in a very positive
way.
Michael Weiner, representing CMG Holdings, 44 East Boynton Beach Boulevard and
450 Boynton Beach Boulevard indicated his client would like C-2 zoning to allow the
various uses. It is not just detox. It would include birthing, food disorders, urgent care.
His client had plans to build on his property that would be medical oriented with other
things. The additional uses are needed to attract additional renters. As a result of the
changes it would appear all of Boynton Beach Boulevard from 1-95 east would be
excluded. He wanted to make sure a conditional or permitted use would not exclude all
of Boynton Beach Boulevard. Mr. Weiner pointed out nothing had occurred along
Boynton Beach Boulevard west of Seacrest for almost 20 years and very unlikely in the
future.
Vice Mayor Casello noted there was a veterinarian facility that is under construction.
Commissioner Fitzpatrick asked what commercial districts include doctor offices. Mr.
Rumpf replied C-1, C-2, C-3 and C-4 and PCD. He questioned if the area around
Bethesda Hospital would be included as written. Mr. Rumpf replied only if the uses
were incorporated into the PUD as adjunct to a hospital service. The regulations would
not apply since Seacrest is not an arterial roadway, rather a collector roadway.
Mayor Taylor commented the City of Boynton Beach was on the leading edge of these
types of facilities and going further into other areas would make the City a magnet for
these type of operations. He would only support the change if it was limited to C-3.
Commissioner Merker stressed it was multi -use medically; therefore, if it was a medical
building, the purpose remains to help people and not a sober home. It is appropriate
and would serve the community well.
Motion
Commissioner Merker moved to approve Ordinance No. 15-002 as presented.
Commissioner McCray seconded the motion.
Commissioner Fitzpatrick clarified these would be along Boynton Beach Boulevard,
maybe Gateway, Federal Highway, Woolbright and Congress Avenue. Staff had
recommended the change based on logic of zoning. The proposed areas would be
least likely to impact adjacent residential properties.
29
Page 254 of 270
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FL
Vote
MARCH 17, 2015
City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Vice Mayor
Casello dissenting)
B. PROPOSED ORDINANCE NO. 15-003 - SECOND READING - PUBLIC
HEARING - Approve amendments to the Mobile Vending Unit regulations of the Land
Development Regulations, Part III - Chapter 1, Article II; Chapter 2, Article II; Chapter 3,
Article V; Table 2-1 Applications by City Departments; and Table 3-28 Use Matrix
(TABLED TO 3/17115)
Attorney Cherof read Proposed Ordinance No. 15-003 by title only, on second reading.
Motion
Commissioner McCray moved to approve Ordinance No. 15-003. Vice Mayor Casello
seconded the motion.
Commissioner Merker felt mobile vending machines would downgrade the City. He
understood their purpose at events, but not located on private property. It would hurt
other area businesses.
Commissioner McCray indicated he works in Broward County that has mobile vendors
all over and it does not bring down the City.
Vote
City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Merker dissenting).
C. PROPOSED ORDINANCE NO. 15-009 - SECOND READING - Approve
amendments to Part II, Chapter 2, Article XII, Section 2-136(b) of the Code of
Ordinances entitled "Establishment of Public Art Fee" to include an additional exemption
for normal routine maintenance items.
Attorney Cherof read Proposed Ordinance No. 15-009 by title only, on second reading.
Motion
Commissioner McCray moved to approve the Ordinance. Vice Mayor Casello
seconded the motion.
Vote
30
Page 255 of 270
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 14-047
TO: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Planning and Zoning Director
DATE: January 21, 2015
RE: Interim LDR Amendments (CDRV 15-001) To include 1) Provisions
for the new zoning use Medical Care or Testing (In Patient); 2)
Continued codification of the Transit -Oriented Development (TOD)
overlay development standards; 3) Amendments to the sign standards
applicable to commercial uses in certain M-1 zoning districts; 4)
Amendments to sign regulations to facilitate certain improvements to
non -conforming signs at shopping centers; and 5) The decrease in
parking requirements for hotels.
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:
1. Furthering business and economic development initiatives;
2. Advancing 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 would further items #1 "business and economic development
initiatives"; #2 "Advancing sustainability initiatives, and #4 "achieving regulatory
compliance", as well as facilitate the physical improvement of the streetscape.
t00050878.1 306-9001821 } - I -
Page 1356 of 229
1. MEDICAL CARE — IN-PATIENT (ZONING USE)
The City's Zoning Regulations accommodate uses that provide medical testing and
treatment in the following three general categories; 1) hospitals; 2) medical offices; and
3) imaging, testing and support services. Of the three uses, the only one where in-patient
medical care is permitted is hospitals. Hospitals, in summary, are institutional uses
providing comprehensive medical treatment and care. Although nursing and convalescent
homes provide basic, 24-hour medical care, they are currently labeled a Type 3 Group
Home in the City's LDR and function more as permanent or long-term housing for
residents/patients rather than a medical service.
Until recently there has not been a demonstrated demand for medical services that
provide 24-hour care to patients. However, in response to the recent demand -for services
that provide 24-hour care, treatment and/or testing pertaining to sleep apnea, eating
disorders, labor and delivery, hospice care, and substance abuse, staff has analyzed the
zoning regulations and proposes amendments to address this deficiency by
accommodating these uses as well as other excluded businesses that similarly provide
overnight medical care and treatment. The definition of "Hospital" is currently indicated
in the LDR (Chapter 1, Article II) as:
An establishment typically referred to as an institution (excluding "Group Home,
Type 4') that provides comprehensive, inpatient and outpatient healthcare,
including typical emergency medical, surgical, diagnostic, rehabilitation and
treatment services, as well as other specialized services ranging from bariatrics
to wound care. This use would also include accessory meeting/conference
facilities, limited retail sales, and administrative offices.
Most significant to this analysis is that Hospitals are limited to the Public Usage (PU)
Zoning District. The PU Zoning District is a unique district defined to "apply to those
areas within the city whose ownership and/or operation is public, or whose use is
primarily institutionally -oriented. When we think of "institutional" uses, we typically
consider those uses that are public or public/private in nature and that engage in public
service such as schools, places of worship, lodges and charitable organizations,
government -operated facilities, and hospitals. Historically, communities would have only
one hospital, which corresponded with a unique and tailored zoning district appropriate
for the scale of the use, size of property affected, and surrounding land uses. However,
given the number and variety of possible medical uses that similarly provide services
around-the-clock, and the unique and limited locations of the PU Zoning District, other
appropriate zoning districts should be considered that match the type of intensity and
locational requirements of these medical uses.
The proposed amendments to the zoning regulations are intended to ensure that the City's
zoning regulations are defensible, by not unjustifiably zoning out certain uses, and more
importantly, maintaining compliance with the Americans with Disabilities Act (ADA)
and the Fair Housing Act (FHA). In general, both acts prohibit discrimination against the
"handicapped" or "disabled". Of course the FHA emphasizes the access to housing, and
t00050878.1 306-9001821 }
Page E350 of 229
the ADA targets access to services, programs, or activities of a public entity. Most
relevant to this code review and analysis are the following points:
• The application or coverage of the ADA and FHA was expanded so that "physical
or mental impairment" includes alcoholism and drug addiction, and expanded to
also apply to those businesses providing related services and treatments;
• Zoning is an activity specifically referenced in the Technical Assistance Manual
for the ADA in discussing this function and its importance to be monitored for
compliance with the ADA and FHA;
• Zoning that does not regulate equitably those uses with like characteristics and
purposes, which affect handicapped individuals, could raise concerns under the
ADA and FHA; and
• When zoning fails to allow the integration of handicapped individuals into
society, such as a when zoning narrowly classifies drug and alcohol treatment
facilities as "institutional" while simultaneously excluding them from districts
that allow related or similar medical businesses and services, such zoning could
impede the integration expectation of the ADA and FHA.
Therefore, staff proposes the subject code amendments that have identified several uses
currently excluded from the zoning regulations that provide 24-hour patient care and
treatment. The proposed changes also provide the necessary definition for said uses;
identify the zoning districts appropriate for such intense medical uses; and include
additional location standards and operational requirements to ensure land use
compatibility and adherence to proper review processes.
Definitions (LDR, Chapter 1, Article 11):
Medical Care or Testing (In patient)
A facility, including emergency clinics and hospitals, which are open 24 -hours per day or
provides 24-hour healthcare, treatment, and/or examinations, typically requiring
overnight stays, and are based either on emergency, planned, or scheduled admittance to
facilities with controlled and secured access to ensure appropriate care of patients. Such
facilities include:
• Hospitals licensed pursuant Chapter 395, Florida Statutes;
• Alcohol or chemical dependency treatment centers licensed pursuant to Chapter
397, Florida Statutes;
• Mental health treatment facilities licensed pursuant to Chapter 394; Florida
Statutes
• Urgent care centers (24-hour);
• Inpatient testing services such as sleep disorder centers;
• Birth centers licensed pursuant to Section 383.305; Florida Statues;
• Hospice facilities licensed pursuant to Part IV of Chapter 400; Florida Statues;
• Eating disorder treatment centers; and
t00050878.1 306-9001821 } -3 -
Page 1358 of 229
• Nursing homes and physical rehabilitation centers licensed pursuant to Section
400.062, Florida Statutes.
Additionally, the subject amendments warrant other modifications to the definitions, as
shown below in underlined and crossed -out text:
• Hospital -
,
. see
Medical Care or Testing (In- ap tient);
• Medical or Dental Imaging/Testing/Support Services(Out patient);
• Medical or Dental Office (Out-patient) A facility or clinic operated by one (1)
or more physicians, dentists, chiropractors, or other licensed practitioners of the
healing arts for the examination and treatment of persons solely on an outpatient
basis including intensive outpatient treatment. Images, body fluids or other...... ;
• Mental Health and Substance Abuse see " Medical Care or
TestiW (Inpatient
Zoning Matrix (LDR, Chapter 3, Article IV, Section 3.D.):
See Exhibit "A" for an excerpt of the Zoning Matrix with the proposed changes shown in
underlined and crossed -out text. The proposed new use is seen added to the matrix, to be
a permitted use in the C-3 (Community Commercial), PCD (Planned Commercial
Development) and PU (Public Usage) Zoning Districts. The C-3 Zoning District is the
most intensive commercial district in the City's Zoning Regulations based on typical
project size (i.e. land area and square footage) and customer traffic, and is intended to
accommodate large commercial centers located with direct access from arterial roadways.
Distances to residential areas are typically greatest, and design and buffering
requirements are intended to match the scale of the project and mitigate impacts upon
adjacent properties.
The C-1, C-2, and C-4 Districts are not appropriate given the intense nature of such
businesses, the need for greater land area than the minimum size required by the zoning
districts, and need for appropriate separation from residential areas. Whereas the C-1
(Office Commercial) Zoning District accommodates offices including medical and dental
offices, this district is often considered a "transitional" zone between residential zoning
districts and more intense commercial land uses given its compatibility with residential
environments due, in part, to the limited hours of business operation and locations along
the periphery of residential neighborhoods. Similarly, the C-2, (Neighborhood
Commercial) Zoning District is to be compatible in scale and operation with residential
zoning districts, and in fact is intended to be located in close proximity to residential land
uses to facilitate access to convenient retail goods and services. The C-4 District would
t00050878.1 306-9001821 }
Page 1359 of 229
also be inappropriate for such uses given the smaller parcels that comprise most of the
existing C -4 -zoned properties, and their close proximity to local streets and residential
areas. The PCD District corresponds with the C-3 District with the principal difference
being the requirement for a master plan as part of the rezoning process.
Additional changes to the matrix would also include adding the same "(Out-patient)"
description to the "Medical or Dental Office" use title, the individual "Hospital" use item
currently in the matrix would be removed, and an unrelated change but necessary for
consistency in the matrix is the addition of a "P" and footnote "#22" to the "Counseling"
use item to allow such uses within the M-1 District similar to the treatment of general
business offices if, in part, they are located along an arterial roadway.
Zoning Matrix Notes (LDR, Chapter 3, Article IV, Section 3.D.):
Existing Notes:
No. 3. (to be amended) Amend #3 to read "Conditional use approval shall be required if
located within �we one hundred (2" 100 feet from a residential zoning district or
mixed use zoning district."
No. 14. (to remain unchanged) The subject use is only allowed on a lot that fronts on an
arterial or collector roadway street as defined in Part III, Ch. 1, Art. 2 of the LDR under
definitions for "Street -Arterial" and "Street -Collector".
The following amendment is an unrelated, "house -keeping" amendment intended to
remove the cap on maximum seats, with maximum floor area remaining to achieve the
intended objective of limiting eligible sites to quick turn -over, convenience retail.
No. 58. Restaurant.
a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the
sidewalk cafe permit.
b. C-1 District. A restaurant is allowed as accessory use to a business or
professional office and/or a medical or dental office but subject to the following
conditions:
(1) Signage. No external signage for the restaurant use shall be allowed;
(2) Hours of operation shall be limited to coincide with the hours of operation
of the principal use.
c. M-1 district. This non -industrial use is allowed within the M-1 district, provided
that it 1) is located within a multiple -tenant development on a lot that fronts on an
arterial or collector roadway; 2) does not exceed two thousand, five hundred
(2,500) square feet; 3) cant ins - v,,.:,v,, )f t-welve-O seats; 4 3) excludes a
drive -up, drive-through, or drive-in facility; and -5 4) complies with all off-street
t00050878.1 306-9001821 }
Page 660 of 229
parking requirements of Chapter 4, Article V. In addition, the sale of used
merchandise is only allowed as accessory to the sale of new merchandise.
New Notes:
No. 101. Medical Care or Testing (In-patient)
Other requirements and site standards:
a. Minimum building setback shall be 50 feet when abutting a residential or mixed
use zoning district to enable proper site design regarding secured access, private
outdoor batron amenities. buffering_ etc.:
b. Site security shall be ensured through a minimum of surveillance cameras, limited
and controlled access points, and operational procedures to restrict unauthorized
and/or unarranged accessing or exiting of the facility and/or property,
c. Privacy and access control shall be ensured through a minimum of perimeter
fencing and landscape buffering intended to support the objective to control
access and increase brivacv of areas intended for client or batient use.
d. Permitted locations shall exclude the Community Redevelopment Area to limit
the CRA to those complimentary uses available to the public and which contribute
to the synergy of successful downtown commerce pursuant to an applicable
redevelopment plan.
No. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant
to amendments to the Zoning Matrix shall not be construed as non -conforming uses.
However, rn j or modifications to such uses shall be in accordance with the conditional
use approval process if required pursuant to the Zoning Matrix, and adhere to the site
design and operational restrictions of the applicable footnotes.
2. TOD (OVERLAY PROVISIONS INCLUDING DENSITY BONUS)
The proposed amendments would further the codification of TOD regulations that
commenced in 2013, and continued in 2014 with the establishment of a Downtown
Transit -Oriented Development District within the Comprehensive Plan. Specifically, the
proposed amendments would implement Future Land Use Element Policy 1.18.1, which
established a Downtown TOD District, and Policy 1.18.2.b, which allows twenty five
percent (25%) density increase for selected future land use classifications within the
District.
For the past eight years, the City has been participating with the Florida Department of
Transportation (FDOT) and other agencies to expand the Tri -Rail commuter system to
include new service on the FEC Railroad. The expanded service, named the "Tri -Rail
Coastal Link," would add a series of new passenger rail stations on the FEC Railroad in
t00050878.1 306-9001821 }
Page 663 of 229
Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach
station just south of Boynton Beach Boulevard.
FDOT and its transportation partners, including the South Florida Regional
Transportation Authority (SFRTA), Palm Beach Metropolitan Planning Organization
(MPO), Treasure Coast Regional Planning Council (TCRPC), have all prioritized the
need to improve land development patterns in advance of station development for the
following reasons: (1) transit -oriented development (TOD) improves ridership for transit
service, thereby increasing efficiency; (2) transit service increases access to station areas,
thereby increasing potential for higher intensity and density land development; (3) TOD
equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and
transit), further increasing access to station areas and potential for increased development
capacity; and (4) TOD encourages a park -once environment, which reduces vehicular
demand on the roadway network, further improving efficiency and reducing carbon
emissions.
The most significant features of a TOD are (1) increased density and intensity of
development, with minimum levels of development recommended by FDOT; (2)
walkability and interconnectivity throughout the area; and (3) a mix of uses appropriate
to the service and area. In June of 2013, the City Commission approved amendments to
the Land Development Regulations to create provisions for TOD and the corresponding
standards in the mixed use zoning regulations, including the minimum density and
intensity standards for mixed use districts within the Transit Core and the Station Area,
defined as a'/4 mile and'/2 mile radius around the future station, respectively.
The Comprehensive Plan policies adopted in 2014 gave a broad support to these
regulations. First, they established a Downtown TOD District with boundaries coinciding
with the Station Area. In addition, they instituted a density increase of up to twenty five
percent (25%) for projects located within the District and classified Special High Density
Residential, Mixed Use or Mixed Use -Core Future Land Use. The amendments increased
maximum densities for these Future Land Use categories to twenty five (25), fifty (50)
and one hundred (100) dwelling units per acre, respectively.
Currently, the total number of units within the District is estimated at about 3,100,
resulting in the gross area -wide density of 7.027 dwelling units per acre. The Community
Center station, a model for the Boynton Beach Downtown TOD District, stipulates
optimal densities between 11 and 16 dwelling units per acre. (The density of 11 dwelling
units per acre corresponds to 4,862 units in the subject area). The proposed amendment
would potentially help to reach this desirable threshold.
Significant areas east of the FEC Railroad right-of-way are already classified as either
Mixed -Use Core or Mixed Use (see Exhibit A) and more are targeted for higher density
and intensity mixed-use development both east and west of the tracks. There are no
properties currently classified as Special High Density Residential within the District, but
some may be reclassified to this category in the future.
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Page 662 of 229
3. AMENDMENT TO SIGN STANDARDS APPLICABLE TO
COMMERCIAL USES IN CERTAIN M-1 ZONING DISTRICTS
This proposed amendment would allow maximum sign area for commercial uses
proposed in the M-1 zoning district that are located along arterial and collector roadways,
to be based on the ratio applicable to the commercial zoning district rather than the
industrial (M-1) zoning district.
Staff is recommending a "cleanup" of the sign code regulations applicable to those areas
of the M-1 (Industrial) zoning district located on road rights-of-way in which non-
industrial uses are allowed. Based upon the M-1 Corridor Study conducted several years
ago, in an effort to create an improved visual image of industrial zoned properties
abutting major thoroughfares within the City, the allowed uses were expanded to
accommodate limited office and commercial type businesses. However, at the same time,
the sign regulations were not updated to reflect this expanded use list. Office and retail
properties are allowed a maximum wall signage allocation based upon the lineal front
footage of the building/tenant space, multiplied by a factor of 1.5. For example, a tenant
with a 30 foot front lease space would be allowed up to 45 square feet of wall signage (30
LF X 1.5 SF = 45 SF). However, industrial zoned properties are limited to one (1) square
foot of wall signage based upon the front footage calculation, due to their typical
locations along roadways of lower classification and traffic, such as local and collector
streets. Using the same example as above (30 LF X 1.0 SF = 30 SF), the amount of wall
signage is reduced by one-third. Since it is generally recognized that office and
commercial tenants rely more heavily on signage than industrial businesses, due to
customer traffic, and locations along roads with higher classification and design speeds, it
seems appropriate that the sign regulations be updated to reflect the fact that non-
industrial uses are now allowed on major thoroughfares in the industrial zoning district,
and that such uses be afforded the same signage allotment as other office and retail
businesses on the same corridor. This amendment would allow the limited list of non-
industrial businesses accommodated on an arterial roadway within the M-1 zoning
district to utilize the same signage calculation as office and commercially -zoned
properties.
4. REGULATING OF NON -CONFORMING SIGNS AT SHOPPING
CENTERS TO BENEFIT PHYSICAL APPEARANCE AND ECONOMIC
DEVELOPMENT.
The proposed amendments would increase flexibility in altering a non -conforming sign at
a commercial shopping center for the purpose of accommodating additional tenant space,
as long as the modifications would not worsen the magnitude of non -conformity, and
result in some physical improvement to the design of the sign.
The City has a number of nonconforming pole signs throughout commercial zoning
districts, mainly located at the larger retail centers. Pole signs are tall signs, typically
supported by one or more poles/posts, which provide a list of tenants within the shopping
center. When the majority of these shopping centers were constructed, poles signs were a
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permitted type of sign and the code at that time allowed sign heights up to 20 feet,
regardless of property size and roadway classification. As a result, these signs continue to
be maintained by the center owners in order to maintain the height and visibility the signs
afford.
Current sign regulations require these types of signs to be Monument Signs, which are
defined as signs mounted to the ground or pedestal/foundation, completely along the
bottom of the cabinet/sign. Monument signs are limited to a maximum of 12 feet in
height, which is typically about one-half the height of the pole signs in existence today.
Therefore shopping center owners make every attempt to maintain their existing signs,
concerned that removal due to maintenance or damage may result in diminished visibility
and advertising associated with a new code -compliant sign.
The Nonconforming Signs portion of the code does not allow signs to be modified except
for re -lettering or change of sign copy, unless the modification brings the sign into
compliance with the sign code. While staff has permitted typical maintenance such as
color changes or adding minor architectural enhancements that do not further the
nonconformity, and in many cases lessen the nonconformity and enhance the appearance,
there are few other changes that are allowed to these signs. Because many of the
shopping centers have grown over the years, added outparcels or attracted well known
national tenants that require larger signage in their leases, sign cabinets were
added/modified over the years (when the signs were still deemed conforming), which has
resulted in a hodge-podge, less than desirable appearance of these signs. Many times the
center owners are the first to acknowledge this and desire improvements, but the code
will not permit the structural modifications necessary to improve the design because of
the nonconforming status. Over the last several years, a number of shopping centers have
undergone major renovations and only minimal work could be permitted on these pole
signs.
Staff proposes to modify the Nonconforming Signs section of the Land Development
Regulations (LDR) with the objective to allow certain modifications to nonconforming
signs that would improve the image along the rights-of-way without worsening
nonconformities. Staff recommends that wording be added to this section of the LDR to
allow modification of nonconforming pole signs at shopping centers, when regulated by,
or to be regulated by a Sign Program, as long as the mass of the sign structure is not
increased (i.e. height, length, and width).
Such work may be structural in nature and may involve removal/replacement of sign
cabinets. The sign owner would be required to make improvements that bring the sign
structure(s) further into compliance with current sign regulations and shall, under no
circumstance, worsen the nonconformity. The Nonconforming Signs section of the code
already allows repairs to damaged signs up to 50% of the original cost of the sign, so it is
logical to allow the owner to make aesthetic enhancements to these signs, again, as long
as the mass of the sign structure is not increased. Staff firmly believes these signs are not
going away, unless removed by a hurricane or other destructive force, therefore we
believe additional latitude is necessary to improve their look and the image of the City.
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As part of these regulations, and as further incentive for shopping center owners to
upgrade their signs, staff recommends wording that would change the allowed amount of
repair of these renovated signs from the current language of "50% of original cost of the
sign construction" to read "50% of the value of the upgraded sign".
As part of the above discussion, staff envisions another opportunity to address the visual
quality of these nonconforming signs and at the same time further economic development
efforts to bring more and larger tenants to shopping centers experiencing vacancies. As
noted previously, one of the key points in lease negotiations with prospective tenants is
the amount and location of their signage, in order to gain maximum visibility. In many
instances, this older shopping center sign is completely filled with tenant signage
leaving no space on the sign for new, larger and/or potentially beneficial tenants . Most
leases clearly denote the amount and location of signage granted to each tenant. Unless
existing tenants are willing to modify the language within their leases, the prospective
tenant will look elsewhere, possibly outside the City.
Therefore, staff proposes to allow additional tenant signage on these nonconforming
structures, again under the same requirements as noted above that requires approval of a
Sign Program to support the proposed modifications as well regulate all other signage for
the project, and results in the overall aesthetic improvement of the sign as reviewed and
approved through the City's site plan amendment process.
Staff does not envision these regulations being applied to single tenant property signs, as
they tend to be of a smaller scale (only one tenant panel versus several) and less costly to
replace. Therefore, staff recommends no further changes regarding the single tenant
signs, but remains open to further review in the future.
5. MINIMUM PARKING REQUIREMENTS FOR HOTELS
The purpose of this proposed amendment is to lower the minimum parking ratio for hotel
rooms to better reflect actual demand as justified by the parking requirements of several
other cities, as well as the user characteristics at a hotel located in the City. The proposed
minimum parking ratio would minimize the construction of unnecessary impervious areas
of a project and therefore support the City's green initiatives.
Staff has been made aware that our parking requirements for hotels outside the Mixed
Use High (MU -H) district are greater than nearly all other communities. Staff has taken
pride in the fact that we have been able to reduce unnecessary parking for many uses,
created overlay areas where parking requirements have been reduced and designed code
language to cap maximum parking, all in an effort to preserve more green space/pervious
area on site and reduce development costs. Reducing parking requirements furthers Green
Initiatives championed by the City Commission and the leadership team.
The City Code requires one and a quarter (1.25) parking spaces per a one bedroom hotel
room and two (2) parking spaces per two bedroom hotel room, other than in the Mixed
Use High (MU -H) zoning district (downtown), in which the requirement is one (1)
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Page 665 of 229
parking space per hotel room, regardless of the number of bedrooms. Staff reviewed the
parking codes of twenty-five (25) cities within Palm Beach County and the State and
various counties within the State. The results indicated that none of those surveyed
differentiated between one and two bedroom hotel rooms, likely due to the fact that most
occupants arrive in one vehicle, such as a family on vacation, therefore making the
required second parking space unnecessary. The survey also noted that only one
jurisdiction, Volusia County, required a parking ratio in excess of 1.25 parking spaces per
hotel room (1.5). Nineteen of the twenty-five surveyed required 1.0 parking space or
fewer, with the majority of those also requiring additional parking for employees and/or
meeting space.
Staff conducted an analysis utilizing a recently approved hotel (Towne Place Suites in
Quantum Park) for the scenarios, calculating parking based upon the various formulas of
the surveyed jurisdictions. Our code as currently written requires 151 parking spaces for
the project. Only two (2) of the twenty-five (25) jurisdictions required more parking (159
and 156 parking spaces). The mean parking requirement averaged out to 137 parking
spaces. Had this project been constructed in the City of Delray Beach, their code would
have required only 97 parking spaces. In determining the mean average, staff discarded
the two highest parking requirements (159 & 156) and the three lowest (83, 97 & 97) to
provide a fair and more accurate portrayal of the median numbers.
As a result of this analysis, staff believes our requirement for a separate parking
calculation for the two (2) bedroom hotel room to be unnecessary and unjustified. Staff
recommends the code be modified to a single calculation of 1.25 parking spaces per hotel
room, which would have resulted in 145 parking spaces required in the above scenario,
instead of 151 for the 116 unit hotel. This calculation is still higher than the mean number
of 137 from the study, and would more than account for employees and social functions.
This recommendation is based upon survey results treating all hotel units identically with
a single parking calculation, regardless of the number of bedrooms, the fact that our
minimum parking requirement exceeded nearly all others surveyed, and that the proposed
amendment furthers the City's Green Initiatives. Staff additionally recommends an
amendment to the code to address a hotel that has an internal restaurant or lounge open
not only to the guests, but to the general public. In these instances, staff would
recommend that parking be provided for those uses open to the general public at a rate of
50% of their requirement of a standalone operation.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed amendments. Overall, these
amendments are intended to achieve regulatory compliance, promote Transit Oriented
Development, encourage/promote business/economic development by allowing
businesses that otherwise may be discouraged from finding suitable locations in the City,
maximize compatibility among land uses and improve the aesthetics of the streetscape.
Attachments
S:APLANNING\SHAREDAWP\SPECPROJACODE REVIEWAIN-PATIENT MEDICAL CARE\STAFF REPORT - COMBINED TEXT ITEMS.DOCX
t00050878.1 306-90018211 - 11 -
Page 666 of 229
13.C.
LEGAL
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION:
Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney-client
session of the City Commission to discuss pending litigation in the following case:
Christopher Yesnick , Plaintiff vs City of Boynton Beach, Defendant - Case No. 50 2012 CA 018742 XXXX MB
AJ
EXPLANATION OF REQUEST. City Attorney James Cherof, will be in attendance along with Assistant City
Attorney Tracey DeCarlo9, Special Counsel Lyman Reynolds, City Manager Lori LaVerriere, a Court Reporter,
the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private
attorney-client session will be set at the December 1, 2015 City Commission meeting.
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
Memo
REVIEWERS:
Description
Memo requesting Closed Door session
Page 267 of 270
Department
Reviewer
Action
Legal
Swanson, Lynn
Approved
Finance
Howard, Tim
Approved
City Manager
LaVerriere, Lori
Approved
Date
11/24/2015 - 11:09 ANA
11/24/2015 - 12:41 PPA
11/24/2015 - 2:40 PPA
Page 268 of 270
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
TO: Honorable Mayor and City Commission
Lori LaVerriere, City Manager
FROM: James A. Cherof, City Attorney
Tracey DeCarlo, Assistant City Attorney
DATE: November 24, 2015
RE: Request for Private Attorney -Client Session
Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client
session of the City Commission to discuss pending litigation in the following case:
1. CHRISTOPHER YESNICK, Plaintiff vs. CITY OF BOYNTON
BEACH, Defendant —Case No. 50 2012 CA 018742 XXXX MB AJ
I will be in attendance along with Assistant City Attorney Tracey DeCarlo,
Special Counsel Lyman Reynolds, Esquire, City Manager Lori LaVerriere, a Court
Reporter, the Mayor and City Commission. We will need approximately 45 minutes.
The time and date of the private attorney-client session will be set at the December 1,
2015 City Commission meeting.
JAC11ms
C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\68F6730B-8603-4581-BA90-DF03COA473A2\Boynton
Beach. 2252.1.Request_For_Ex_Session_-120115_(Yesn ick). Doc
Page 269 of 270
14.A.
FUTURE AGENDA ITEMS
12/1/2015
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 12/1/2015
REQUESTED ACTION BY COMMISSION: Review and appoint accordingly applications received for the CRA
Advisory Board with the annual board appointments - December 15, 2015
EXPLANATION OF REQUEST:
Commission to review applications received for the CRAAdvisory Board and appoint accordingly at the same
meeting that annual board appointments are made.
Applications for the CRAAdvisory Board will be accepted until positions are filled.
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
Foyle, Judith Approved 11/20/2015 - 10:36 AM
Page 270 of 270