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Misc. Backup CITY OF BOYNTON BEACH o AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 8, 2010 (Special Meeting) ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM CiADMINISTRATIVE CINEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER$100,000 ❑ UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL __ i ❑ I SETTLEMENTS 1_ REQUESTED ACTION BY CITY COMMISSION: Review request by Strategic Broadcast Media Group, Inc to intervene on pending sale of WXEL Radio from Barry University to Classical South Florida EXPLANATION OF REQUEST: Representatives of Strategic Broadcast Media Group, Inc filed a letter of dated June 1, 2010 with information regarding the pending sale of WXEL Radio from its current owner to Classical South Florida. At the City Commission meeting of June 1, 2010, Strategic Broadcast Media requested the City file a letter of objection to the pending transfer of WXEL Radio with the State Board of Education, The next meeting of the State Board of Education is on June 15, 2010, however it is unknown if the WXEL Radio matter is on the agenda for the Board of Education. The letter and background information from Strategic Broadcast Media Group, Inc is attached as Exhibit A. In addition there are two more groups that are opposed to the transfer of WXEL-Radio to Classical South Florida. Representatives of these two organizations also presented information to the City Commission meeting of June 1, 2010. It should be noted that at least two of the groups who are opposed to the sale of WXEL Radio to Classical South Florida have expressed an interest in having WXEL Radio sold or transferred to them. By way of background, the City of Boynton Beach owned the property where the WXEL TV and WXEL Radio facilities are located. The City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. in April 1986. The deed for the property has a restriction that reads: The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility. CITY OF BOYNTON BEACH 0 : 47 AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 8, 2010 (Special Meeting) ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM 111ADMINISTRATIVE [11NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER$100,000 ❑ UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS __ J REQUESTED ACTION BY CITY COMMISSION: Review request by Strategic Broadcast Media Group, Inc to intervene on pending sale of WXEL Radio from Barry University to Classical South Florida EXPLANATION OF REQUEST: Representatives of Strategic Broadcast Media Group, Inc filed a letter of dated June 1, 2010 with information regarding the pending sale of WXEL Radio from its current owner to Classical South Florida. At the City Commission meeting of June 1, 2010, Strategic Broadcast Media requested the City file a letter of objection to the pending transfer of WXEL Radio with the State Board of Education, The next meeting of the State Board of Education is on June 15, 2010, however it is unknown if the WXEL Radio matter is on the agenda for the Board of Education. The letter and background information from Strategic Broadcast Media Group, Inc is attached as Exhibit A. In addition there are two more groups that are opposed to the transfer of WXEL-Radio to Classical South Florida. Representatives of these two organizations also presented information to the City Commission meeting of June 1, 2010. It should be noted that at least two of the groups who are opposed to the sale of WXEL Radio to Classical South Florida have expressed an interest in having WXEL Radio sold or transferred to them. By way of background, the City of Boynton Beach owned the property where the WXEL TV and WXEL Radio facilities are located. The City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. in April 1986. The deed for the property has a restriction that reads: The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility. Comment: It is unknown if the proposed sale of WXEL Classical South Florida would be an action by Barry University that would precipitate a challenge of title based on the above language in the deed conveyed in 1986. On July 26, 2004 when Barry University was contemplating the sale of both the radio and TV stations, the City of Boynton Beach did notify Barry University, the owners of WXEL, of the deed conditions. This letter and the full deed is attached as Exhibit B. City Staff went on-line in an effort to obtain information from Barry University, the owner of the property and current operator of WXEL Radio and WXEL TV. We could not find any information related to the pending sale at the Barry University web site. Attached as Exhibit C, is a Palm Beach Post article dated April 20, 2010 concerning the proposed sale of WXEL Radio. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Unknown. The underlying zoning of the subject parcel where the WXEL property is located is Recreation, which may limit its use as anything other than a public broadcasting entity. As a comment, a more appropriate zoning classification may be Public Use but this should be verified by our Development Department. In addition, the proposal from Barry University is the sale of the WXEL radio station and not WXEL TV. For the foreseeable future, the property will be used by WXEL TV, a public broadcasting entity that conforms to the deed language. FISCAL IMPACT: Unknown ALTERNATIVES: At this juncture, this matter is presented as information only pending discussion by the City Commission as directed by the City Commission on June 1, 2010. 6 k \ + gore E4c64 1-le44 Get, tt•G. 1420 Worth Swinton Avenue, LDelray&3each, rfYorida 33444 (BoanfMem6ers ¢Ye,;dent Dr.?ascii E,'Pow (Presidentlide(PresidentCity Of Boynton Beach •SuruetiEnurtaiamtnr coup 100 East Boynton Beach Blvd {Orsident Boynton Beach, FL 33435 c&LfonetAlatu (Aram 'likcommunteatwTu SHonagernont June 1 , 2010 Boca Raton, 7f TiratuRr Dear Mayor & City Commissioners, Charles Ca&lfa (Prr-idem caferhiixserff>rngErrterprisrs As per the request of Commissioner Steven Holzman, he has asked that I (Roca(Raton,7'L submit to all of you the information that was sent to the State Board of se�etarr Education regarding the possible sale of the WXEL radio station to an Mr. omasCavenduh entity from Minnesota. Artutic 4)irrctor/conductor gold Coast Opera Coral Springs,me As you well know WXEL has been a community asset to Boynton Beach tDircctor community, as well as Palm Beach County. Millions of dollars have been 'Dr,Stanley Cohen T t/CTEo contributed by local community residential supporters of WXEL to help 'FI7M 7mvru Cvflrge continue the cultural, educational and community programming. Lang fA nd WY r cwr The intent of sharing this information with you, is to maintain WXEL as 'r°" crimp`n '"L` LouLouthe Locallyowned and operated joint ventured Radio and Television 'FortLaudenfele,'FL Station, and to cease the selloff of the WXEL radio station to an out of (oiaalor state corporation whose only intent is to obtain the radio License. Or.Linda'E'arL-c '14cE chrsident c-?cpt,lar 'Ad-bourne.(-c I thank you for your time and consideration in this matter. arector (Dr.'Edumrd'Fuley Fresideni'Emeritus (alar Beach State College Worth(Palm Orach,(FL Respectfully Yours, tvireetor (article 7lau6en tPreatitt / Lowe 11'Founufanon 1 YVortf,(Patn e teach,'FL mirsaor D, . Jofser. E. Ferrer Afr.(Richard:Merles J Drest4,,t resid-nt .fidamwng Strategic Broadcast Media Group, Inc. (Defray *Director afs.Aiary't4 uig (President Office(Depot'Fourufatinn 'Boca OviLOtt,'FL • Office 561-276-8085 Tax 561-276-8740 E.-!Mart Sunset 1t aoCcom 11141164 Pielardva Mrd Com., 14%4 1420 Wnrcl Swinton.Avenue., (Delray(Beach., rf'trorida 33444 (Board 914em6er. Directors 4lrtaiddtr State Board of Education ,Th....7usepA 'Frear 325 West Gaines Street, Suite 1520 Qttsidrtlt. -Swt1et'Entenainnur<t c;ntp Tallahassee, Florida 32399 I4a_. dot Ctii fforda4aru May 27, 2010 rhtsi ff nt Ttlscotnrytunitat2ont atanailrmrnt Boca'?Roel(FL, Dear Board of Education Directors, Treasurer Charles CQ6'16o We are writing to you as a board members of Strategic Broadcast Media airsidrnt CafelrorRrcortiinezntegtnsrs Group Inc., a Palm Beach County 501 (c) (3) non-for-profit corporation. ok.'Ratan,7L Our board is comprised of residents of Palm Beach, Martin and Broward siELT:Ry County. ;Mr Thomas Caurrufith Artistic rDirertor/Conductor ,ardCoast opera Strategic Broadcast Media sent a Letter of Intent to Barry University on Coal!Spntip,'FL October 23, 2009 to purchase WXEL In the amount of $3.5 Million virvetor Dollars. Our offer was delivered to Barry University's representative, Or.,Starr&yCtrhen Patrick Meehan. ?'resident/CEO rFtve'Fc>zinr Lonlsfarat;N'' In the weeks that followed our Letter of Intent, Barry University did not mirrtur respond. Our non-profit group attempted to contacted Barry University 7(otL Tart,E. 01)4 and its representative several times during this period to attempt to Lou Group Tort taudrrdars,mr proceed. Each time we were rebuffed or our calls were not returned. Or.Linda rads On April 19, 2010, we were e-mailed a press release stating that Barry 1.4a, Ade I; University had voted to sell WXEL Public Radio Station to Classical ,�rp:.llu fhictbourne.,FL South Florida. Classical South Florida denotes itself an "affiliate" of rpirrewr American Public Media, Inc. American Public Media Inc. is a for-profit cm: corporation in St. Paul, Minnesota. Its board members reside in St. Paul, rprps,4 t rEmrntus R1(mr&achState Corte Minnesota. North(Pain okach,'FL rtnar WXEL and Barry University receives both State and Federal funds, thus 4atriciaA.96,u6cn making them subject to the provisions of the Sunshine Law. In our rPrendtttt Louie IITaur atom opinion they violated the Sunshine Law by keeping the meetings with WorefiParrrlQteacb.,FL Classical South Florida and its proceedings secret. mirsctor 1i 44crtardatrrtes •Barry University staff members, the WXEL staff and WXEL 99esirGnt ,IV1 Advertising Advisory Board members were kept in the dark regarding these tDrrraytBeadii,eft proceedings. = rY �� •No one in the public knew these discussions were ongoing or ars.atary Wi'ng (President pending. All proceedings leading up to the meeting regarding this. Office depot,Fouufirtion 'Boca'Rolm'FL Office 561-276-8085 Fax 561-276-8740 E-Mail Sunset'E?ePaol com Sale was kept secret from the public. No one knows how the decision was made. •During the Public Board Meeting several people present at the meeting were asked to leave the room prior to the discussion and subsequent decision about the sale of WXEL to Classical South Florida, a violation in our opinion of the Sunshine statues. Classical South Florida is currently in debt seven million, eight hundred two thousand dollars ($7,802,000) to American Public Media, Inc. the for-profit corporation with which it is "affiliated". •For the fiscal year ending June 30, 2009, Classical South Florida borrowed five million, sixty-three thousand dollars ($5,063,000) from American Public Media. •The audit as of June 30, 2009 (prepared by McGladry and Pullen, LLP as shown in attached document) shows that Classical South Florida's operating deficit was two million, seven hundred forty-nine thousand dollars ($2,749,000) for the fiscal year ending in 2009 alone. •American Public Media, Inc. extended a "loan" to its "affiliate" to "cover the deficit". •In addition to its other "loans" from American Public Media, Inc. in excess of 5 • million, Classical South Florida borrowed three million, eight hundred fifty thousand dollars ($3,850,000) from this same for-profit corporation for the purchase of WXEL. •The total Classical South Florida now "owes" American Public Media is in excess of eleven million dollars ($11,612,000), All of Classical South Florida's board members who made the decision to purchase WXEL reside in St. Paul, Minnesota. All of these board members are also on the board of American Public Media. This is not a local group, and it has no interest in WXEL continuing as a local, public, educational radio station. In fact, the group seems intent on erasing the presence of WXEL from Palm Beach County. American Public Radio is a syndicator of programs that they own, produce and distribute to the stations they own, insuring distribution for their for- profit corporation. Please note the dire fate of the Trinity international University station in Miami at the hands of Classical South Florida. Classical South Florida has not been able to run that station at a profit, or even at a zero budget. But the station is carrying the American Public Radio's syndicated programs. Classical South Florida has not kept the station local, but rather has eliminated its call letters. That station no longer operates as a local, public, educational radio station. In essence, Classical South Florida has caused its extinction as a public entity_ The press release of April 19, 2010 states that Classical South Florida is planning to eliminate WXEL's call letters. This will result in making the station non-existent as a local, public, educational radio station that the loyal listners of WXEL have supported Barry University meeting? Why was the Sunshine Law violated? Why, when Barry University knows the history of these organizations, would it encourage such actions? WXEL, despite its problems, has provided public service for the last 20 years, and should remain a community aseodo not allow WXELe. Already there 's toapublic outcry to retain the be sold to a group that has public aspect of WXEL. no commitment to Palm Beach County. Please ask the tough questions before you approve this sale. Please assure that WXEL is sold to a local group that will formally assure and commit to WXEL's continuance as a well-known, well-recognized radio station that serves the public trust -- for local, state, and national news, for educational programming, for the NPR programming so beloved by its listeners and local supporters, and for cultural enrichment! Thank you for your attention to this letter and for your concern about one of Palm Beach County's most beloved educational and cultural resources, WXEL. Respe • • y , o , t'Board Members. //ul y� 1/ r"-'------ Dr. Jo e► E. surer Presid:nt Strattegic B-•adcast Media Group, Inc. ti Attachments: Strategic Broadcast Media Group, Inc. board members Classical South Florida Inc_ 2010 Not-For-Profit Corporation Annual Report Classical South Florida Inc. 2009 Financial report Classical South Florida Inc. 2007-2008 Form 990 Strategic Broadcast Media Group, Inc. Board Members Dr. Joseph Ferrer (President) Dr. Linda.1. Eads (Director) President/CEO Vice President Sunset Entertainment Group, Inc. G-Tops, Inc. 1420 North Swinton Avenue 5145 S. Highway A l A Delray Beach, Fl..33444 Melbourne, FL 32951 Cell: 561-315-2800 Cell: 305-496-3237 Office: 561-276-8085 lindaeads@,bel lsouth.net sunsetet@aol.com Dr. Edward Eissey (Director) Mr. Clifford Matis (Vice President) President Emeritus "Telecommunication Management, Inc. Palm Beach Community College 17663 Foxhorough Lane 118 Cruiser Road North Boca Raton, FL 33496 North Palm Beach, FL 33408 Cell: 561-271-0890 Home: 561-844-1054 carnatis a,bcllsouth,net edeissey@aol.com Mr. Thomas Cavendish Ms. Patty Hauhen (Director) Artistic Director/Conductor President Gold Coast Opera (Secretary) Lowes 1I Foundation 12037 NW 1' Street 123 Lakeshore Drive Coral Springs, FL 33071 Suite 1644 Home: 954-752-8287 North Palm Beach, FL 33408 Cell: 954-732-1477 Home: 561-626-2627 Phaubcn42(utaol.com Mr. Charles Calelio (Treasurer) Iter, Richard Mertes (Director) President Charles Catello Productions President 23368 Mirabella Circle TUM Advertising Boca Raton, FL 33433 5850 W. Atlantic Avenue Home: 561-395-9441 Suite 110 cjearranger®aol.com Delray Beach, FL 33484 Office: 561-637-8009 Dr. Stanley Cohen (Director) rjmadv(abellsouth.net President/CEO Five Towns College, Long Island. AT Ms. Mary Wong (Director) 10158 Canoe Brook Circle President Boca Raton, FL 33498 Office Depot Foundation Home: 631-656-2105 6600 N. Military Road mmaltz il)ftc.edu C-440 Boca Raton, FL 33496 Hon. Pedro E. Dijols (Director) Office: 561-438-7626 ,Judge. Broward County mary.wong@officedepot.com 41 C. Las Olas Boulevard Fort Lauderdale, FL 33301 Cell: 954-573-3943 Office: 954-5229012 davielaw a,aol.cool LV 11) IVV1 -r-t'rS-r"rt ir! ! LVI11-Vr i- { IVIV HIVIVVNL r '1r\ t r'IL u Mar 08, 2010 DOCUMENT# N07000010974 Secretary of State Entity Name: CLASSICAL SOUTH FLORIDA INC Current Principal Place of Business: New Principal Place of Business; 330 SW SECOND STREET SUITE 207 FORT LAUDERDALE, FL 333121712 Current Mailing Address: New Mailing Address: • 330 SW SECOND STREET SUITE 207 FORT LAUDERDALE, FL 333121712 FEI Number:2S-1417978 FEI Number Applied For( ) FEI Number Not Applicable( ) Certificate of Status Desired() Name and Address of Current Registered Agent: Name and Address of New Registered Agent; RAATTAMA, HENRY H. JR. EVANS, DOUGLAS ONE SE THIRD AVE.,STE.2800 330 SW SECOND STREET MIAMI, FL 331311714 US SUITE 207 FORT LAUDERDALE, FL 333121712 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both, in the State of Florida. SIGNATURE: DOUGLAS EVANS 03/08/2010 Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: CH Name; KLING.WILLIAM H Address: 480 CEDAR STREET City-St-Tip: SAINT PAUL,MN 55101 Title; EVP Name: KIGIN,THOMAS J • Address: 480 CEDAR STREET City-St-Zip: SAINT PAUL,MN 55101 Title: CEO Name: MCTAGGART,JON R Address: 480 CEDAR STREET City-St-Zip: SAINT PAUL,MN 55101 Title: CFO Name; ALFUTH,MARK E Address: 480 CEDAR STREET City-St-Zip: SAINT PAUL,MN 55101 Title: GM Name: EVANS.DOUGLAS Address: 330 SW SECOND STREET.SUITE 207 City-SI-Zip: FORT LAUDERDALE,FL 333121712 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: THOMAS KIGIN EVP 03/08/2010 Electronic Signature of Signing Officer or Director Date The City of Boynton Beach arms'OP 1718 CITY Attorney �''"' 100.g Boynton Beach Boulevard P.O.Bax310 f' • l 1 Boynton Beach,Florida 33425.0910 , i ., ;l ', (561)742.6050 - — .,... FAX (661)742.606•1 July 26, 2004 . 21 Via Regular& Certified U,S, �aiL Return Receipt Requested Mr,Leslie Pantin,Jr., Chairman Barry University Board of Trustees 11300 N.E. 2nd Avenue Miami Shores, Florida 33161 Re: WXEL Property Dear Mr. Pantin: . The City of Boynton Beach read with interest the July 3, 2004 article in the Palm Beach Post in which Barry University spokesman, Michael Laderrnan was quoted as stating that Barry University was contemplating the sale of WXEL-FM 90.7 and WXEL-TV Channel 42 in Palm Beach County. The City conveyed the property on which WXEL is located to South Florida Public Telecommunications, Inc., on April 9, 1986 by Fee Simple Deed, recorded in Official Record Book 4843, Page 1419, and on April 15, 1986, pursuant to a Corrective Fee Simple Deed ("Decd") recorded on April 24, 1986 at Official Record Book 4857, Page 332, of the Public Records Palm Beach County, Florida. The language of the Deed specifically restricts the uses conducted on the property to the following: The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and/or Public Broadcasting or Communication system or systems or facility. The City tally expects Barry University to advise the City as to the potential sale of the radio and television stations as well as the subject property. The City will strictly enforce the terms of the deed to insure that any future use of the property complies with the terms of the deed. Mr. Leslie Pantie, Jr. Chairman July 22,2004 Page Two Thank you for anticipated cooperation. If you have any questions or concerns please do not hesitate to contact our office. Sincerely, Qerstrt.ci i O-eas David N. Tolces Assistant City Attorney DNT/mr Ce: Jerry Taylor,Mayor Bob Ensler, City Commissioner Mack McCray, City Commissioner Mike Ferguson, City Commissioner Carl McKoy, City Commissioner Kurt Bressner, City Manager 1-IA1990\9001$2.1V3V.Err5R.\WXEL.Final Ur.doc America's Gateway to the Culfstream • M l RESOLUTION NO. g6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN WARRANTY DEED CONVEYING PROPERTY CURRENTLY OWNED BY THE CITY OF BOYNTON BEACH TO SOUTH FLORIDA PUBLIC TELECOMMUNICATIONS, INC. , A NON-PROFIT CORPORATION; PROVIDING AN. EFFECTIVE DATE; AND FOR OTHER PURPOSES . NOW THEREFORE, BE IT RESOLVED by the City Council I r, of the City of Boynton Beach, Florida, that : Section 1 : The Mayor and City Clerk are hereby "'• authorized and directed to execute that certain Fee Simple :j_, Deed conveying property from the City of Boynton Beach, Florida to South Florida Public Telecommunications , Inc. , a non-profit corporation, a copy of which is attached hereto for reference. Section 2 : This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED. this f day of /Wit 1986. CITY OF BOYNTON BEACH, FLORIDA l. I ,/a,4/ MAY' . VICE MAYO •1 4011111.1. 117 Amiga/ '�h` CoUN IL ME •E' • FEE SIMPLE • TRIS INDGwTDRE Made this , da of , 1986,' between the CITE OF BOYNTON BEACH, a Municipal cor at on, of the • County of Palm Desch, State of Florida, party of the first part, and SOUTH Ft.OAIDA PUAL'IC TeLecommuMTCATi0R8r INC., a non-profit ' corpora on, of the County of Palm Beach, State of Florida, party of the^•econd part, whose goat office addrede is Poet Office •;: Draw,• Nest Palm Beach, Florida 33045. , -IRI ps _, "'r MESSETB; That the party of the first part, for •and in Co conoid ark of the aum of One Dollar (WOO), lawful money of • Co - the Uni• ) 4 tes of America, to it in hand paid by the said party —_. "'Mr""ttie atp patr-at-•-or--before—the•--cnaeal-ing---and--de-iivery—of— pp these pre" , the receipt whereof la hereby •�ecknowled9ed, has granted, �$gained, 1:61d, conveyed and confirmed, and by. these presents dome...1_01m, bargain, sell, Convey' ane 'confirm unto'the said party ,t �� eecond' part, and to its. aucoessors and assigns �i t� forever, all qp, 'foiloxi,nq piece, perces, lot, or tract of land, jr situate, lyingandb being in the County of palm Beach and State of ' 4% Plorida, and de� ed be follows: A PARCEL F)F,LAND IN SECTION 6, TOWNSHIP 46 BOUTS, ,-�. RANGE 43 "'BALM BEACH COUNTY, FLORIDA, DESCRIBED As FOLLOWS Y• *6 CONMENcING A NORTHEAST CORNER, OP SAID SECTION + .3 6; THENCE WI BEARING OF $OOTE. ALO TRE EAST LINK OF SAID M 6, A DISTANCE. OF 1783.92 FEET • TO - A POINT; TWITH A BEARING OF WEST, A • DISTANCE-OF ,53. T TO A POINT ON TEE WEST RIGHT or NX LINE CO AVENDE; SAID POINT POINTTOF 9EGINNIN� _NCECONTINUE WITH ABEARING DF 5QUTB, ALONG EAT . RIGHT OF WAY LINE OF • i0 CONGRESS Weeps; SA • Ea LYING 53.00 FEET WEST OP G11O AND PARALLEL TO TO %\0:T 1.x18 OF SECTION 6, A DISTANCE OP 480.00 F.: .0:11‘ POINT; THENCE WITH A BEARING OF WEST, A DIA'N SOP 370.00 PEET: THENCE WITH A BEARING OF SOOT ISTANCE 0I 111.28 FEET: THENCE WITH A BEARING OP , A DISTANCE OF 380.00 PEET TO A POINT OH THE 'EA+ NH OF THE SUBDIVISION SunriIT PLAT NO. 1, AS ,RECORia,'u�' r F[.AT BOOK 36, PAGE 48-51 or TBE PUBLIC •RECORt.'.F PALM BEACH COUNTY, FLORIDA; TRENCH WITH A BE G OF NORTH ALONG; THE EAST LINE Or THE SUMMIT PLAT 1, A DISTANCE OF 229.26 FEET; THENCE WITH -A A'RING or EAST,. A DISTANCE OF 380.00 FEET; THENC ;pH THENCE A ARINg WITH OA NORTH A DISTANCE OF 391.09 BEARIs° OP- SOUTH 85° 30' 30° 6 tA DISTANCE OF 371.14 FEET MORE OR LESS TO THBR`' _:n-mOF BEGINNING, LESS THE EAST 1.00 FEET THEREOF. / TOGETHER, with all and Singular, the tenceents, heredita- - menta. and 4ppurtenancea thereunto belon9ing or appertaining; and every richt, title, or Interest, legal or equitably, of the said party Of the first part of, in and to the some. TO HAVE AND TO HOLD the name unto the said peaty of the second part, its successors and ;soigne to their own proper use and benefit, in fee simple forever. clirra WI; yam• r1wu. CL. Return To; pAeTaNeV ay MARTIN V. KATZ, ESQ. fn Moyle, rVnig•KATEENO. Moyle, Flanigan, Mita. F{oyle� T1AA'i4sn, Kett CD FitxGG aid & ch..h■n, p.A_ FitzGerald I Sheehan, P.A. Pont Office Box 3880 • Poet office Box 3888 West valor Beach, FL Wast Palm Belch, FL 33402 . I• _ . . W. , . • , . PROVID$P, NOWVII, 'anything herein to the contrary not- •• withstanding, it is distinctly Understood and the grantee • - • expressly declares, covenants and • assns. for itself, its . �' successors and assigns, that this deed is given 'abject to the' following covenants which shall run rith the land, and which• aba.l1 • • be perpetual in duration unless modified, or rsl'sised' in writing by the Grantor, its succssaors and assigns, and shall bind -the Grantee its •successors sod assigns and Shall be enforceable' by ' the ge:an ' r and its successors and assigns: - • Th bove described property shall be used by. the • G tee, its nuCCessDYS and assigns, as' a non- • . p educational and/or public broadcasting or . epoiDdicstiona system or aystews or facility. • `� `� T1,Eaa' MS , ps ERCOFuruant to Resolution No. • passed and Adopted by its City Council on the said party I the first part has caned these prasen Le • • executed. in V sure by -its .Mayor and 'attested by ita. clerk and its Seal to \b� ereto affixed on the day and year first above written. . . • T 1V5CI Y OF DOYNTON BRACE ' '- 1 / Signed, sealed and dt vexed in the prseenae of: . ' ATTEST: • rte,. TY L .. ,• s.-ti..a Y fit' %--.:L 1.4-....-,-;.„1,^N.�'r • STATE' OF FLORIDA ) V5'-/ `.',1 :iji,, : ,:, .. )881 • (17COUNTY OP PALR BEACR . ) .„ .' I HEREBY CRRTIrY that on t , - GC 'day of qo4 i , i$6, before me personally appeared A e • -and rs vely Mayor an. City cler o the t- Y orHHACH, El i•• to se well ;known to be the persons described In and who �'�r uted the foregoing instrument and severally acknowledged they+ el ution thereof' to be • their free act and deed is such offiCeeX for the. Uses and purpposes therein mentioned and that t fixed thereto the official seal of said municipal corpoC r and the said instrument 1a the act and dead or said corpo • WITNESS Mr hand and official seal in said County and State the day and year last aforesaid. ./•'�` a J, , ''r . NOT 1 ^r .•'O• L•ro It =cos.:• ; 7 . rJ IN rr. • MY Commission txpires: ¢$r •P L' �' Z wary Stria ar 9044 • rU • ,.. ,: ,. sr ,r ,T E E ,,, ...,o,N b.,a torr+..+.., E� • OP • VERtf COMM.R . d0 PALM 'A` 00 4 3 S -y- Glx C)AG t - -.4 1111111111MM . ' . CORRECTIVE FEB SIMPLE UBHD THIS INDENTURE, Made this 15th day of A eileil , 1986, between the CITY OP BOYNTON BEACH, ■iWiicipal corporetop, of the 4. County of Pala Beach, State of Plvrld., party of the first part, In, and SOUTH FLORIDA PUBLIC TELECOMMUNICATIONS, INC., a non.proflt m corporation, of the County of Pala) Eolith, $tate of Florida, party \ of the econd part, whose post office address 13 Pdst Office . „s Drawer)• •7, West Pala Beach, Florida 33045. r• le NESSETH: That the party of the first part. for and in © consi , • on of the sum of Ono Dollar ($1.00), lawful money of ' CI the Unbites of America to It in hand paid by the said party —t of the .ie nd part at or -before the ensoaling and delivery of , these p elks,. the receipt whereof is hereby acknowledged, has I} :D granted, ' a alnod, sold, conveyed and confirmed, and by these " presents odea tint, bargain, sell, convey and confirm unto the (..1 said party he second part; and to its successors and assigns J • . forever, al .�followi.ng piece, parcel, lot, or tratt of land, d situate, lyld being In the County of Palm Beach,and State of Florida, and d'e'3cri;.bed a6 follows: - - S A PARCH LAND IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 firAST,t, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS. FOLLOWS :� - Y COMMENCING slit., NORTHEAST CORNER OF SAID SECTION ---•. 6; THENCE WI BEARING OF SOUTH, ALONG THE EAST 11 LINE OF SAID ION 6, A DISTANCE OP 1783.92 FEET .t TO A , POINT; HE E WITH A BEARING OF WEST A .1\- DISTANCE � DISTANCE OF 53.0 i T TO A POINT ON THE NEST EIGHT OP WAY LINE OP C S AVENUE; SAID POINT BEING THE • • POINT OF BESINNI i. ENCE CONTINUE WITH A BEARING .`t OF SOUTH, ALONG 1 EST RIGHT OF' WAY LINE OF 1 CONGRESS AVENUE; $A r . LYING 51.00 FEET WEST OF 'uJ AND, PARALLEL TO T1 LINE OF SECTION 6, A a` itV/duy, DISTANCE OP 480.00 F T /r A POINT; THENCE WITH A if ) REARING OF WEST, A 'D ANC&:,PF 370.00 PEET; THENCE WITH A BEARING OP SOU k" I-5TANCE OP 1i1.18 FEETI THENCE WITH. A BEARING 0 feT, A DISTANCE OF 380.00 ..r- PEET r- PEET TO A POINT ON THEE ,Ac ND OF THE SUBDIVISION SUMMIT PLAT NO. 1, AS RECORfEII/ IN PLAT BOOK 36, PACE 48-51 OP THE PUBLIC RECORW LM BEACH COUNTY, FLORIDA; THENCE WITH A BEAR• 1 NORTH ALONG THE EAST LINE OF THE SUMMIT PLATT 0. 1, A DISTANGE OF Z29,26 FEET; TIUINCII WITH A WINO A BEARING EAST, OFA DISTANCE OF 380.00 PEET; THEN NORTH A DISTANCE OF 391,09 'l'-\THENCE WITH A . BEARING OF SOUTH 115` 30' 30" E 'r) A DISTANCE OF , . 371.14 FEET MORE OR LESS TO THE .i$$T OF BEGINNING, LESS THE EAST 7.00 FEET THEREOF. „ ,5Cr , TOGCTIIER, with all and singular, th�tedssa+�lents, heredlta- • meats, and appurtenances thereunto belonging or appertaining; and every right. title, or interest, legal or equitable. of the said party bf the first part of, in and to the same. TO HAVE AND TO HOLD' the some unto the said party of the ' second part. -its successors and as;itns to their own pl-oper use and benefit, in fee strplo forever. THIS DEEP CORRECTS THAT CERTAIN FEB SIMPLE DEED RECORDED IN OFFICIAL. RECORD moo[ 4843 , PAGE 1449 fU. r+ PUBLIC RECORDS- OF PALM BEACH COUNTY, FLORIDA FOR THE m . PURPOSE ' ,OF INDICATING THE APPROPRIA�{B. RgEOLUTION r- NUMBER AND DATE ON PAGE Z ABOVE THESSIGNATURE BLOCK. th c. wmat/N 7, 17 , go IIP a9 • a! ./MIH. .. - , .' , , _ .. • . PROVtngn, HOWEVER', anything herein to the contrary not • - withstanding, it is distinctly understood and the . Grantee .• expressly declares, covenants and'' agrees foi itself, its successors and. aesigna, that thin. deed Is. given subject to the . following covenants which shall run with the land, and which shall be •perpetual . in duration unless codified or released in writing by the Grantor, its succeseors and assigns, 'and 'hall bind the . 'Grantee its successors and assigns, and. shall be enforceable by the Gra ' and, its successors and assigns: ' • .T " bora described property• • shall be used by the ' • , ti tee, its successors and assigns, as a .non- . ,eta educational and%or public broadcasting or i ications system or systems or -facility. . 0 �J TNESS 'WHEREOF, pursuant to Resolution No, 06—NN • . passed ioursirdoptej by its City Council on April 1_S� l98d , the said pa yi f the first part has' caused t ese presents to ,be executed In1. eme by its Mayor and attested by its Clerk and . its Seal to ereto tallied on the day and year first above ' written, / ' � CITY OF BOYNTON BEACH . Signed, sealed and divAred By tigoctaiso,hiek, L• a the presence'off: '' :l T' 5,5, , . '' ATTEST: V....,0 • STATE OF FLORIDA ) �✓��� SSt ui ' COUNTY OF PALM BEACH ) �) • , , • I HEREBY CERTIFY that on thi IL day of April , ,1986, before me personally appeared Nick snndre and Batty S. Horoni , rospeelayely Ffsyor an ity ' C1er a t e CH, •Flo dtt tome well known to be the persons described in and who used the •foreaoing instrument end severally acknowledged the titian thereof to. be their free act and deed as such of Etc for' the, uses and purposes therein mentioned; and that Nye' ixed thereto the official seal of said municipal Corp end the said instrument is the act anti dspd of said corpor ' WITNESS my hpnd and official seal in said 'County. and Statc the day and year last,aforesaid. . •''.(1.i3APi)'y� '4 • iryMVr'C�oaat p 63[p/rest J' • :''. i . &my ha&,fuse 0Reids PJ=•, `G Mdtt;,.eide l�petlat.7 1419 '• ;' 1.4.14J1.4.14J I.A..- ,I..•(..•m 44—#.44p . , ';IR ttt. , . 11ECORl1 vECOURtc1�0TY,F I— *AUw1 Q ACP4 Ft.,:to 00 d 3S '2; JOMN R.OUNKLE {fa _ ctt?mstCIRCUIT COU RT , Z , WXEL sold to Browaid-baed classical FM radio station 6/2/10 9107 PM Thi Palm Beach IkiSt Print thisa e Close g WXEL sold to Broward-based classical FM radio station By ELIOT KLEINBERG Palm Beach Post Staff Writer Updated; 9:34 a.m. Wednesday,April 21,2010 Posted:2;31 p.m. Tuesday, April 20, 2010 WXEL-FM 90,7 will be sold to a Broward County-based classical radio station for $3.85 million, Barry University said today. WXEL-TV Channel 42, still is for sale. Classical South Florida, whose corporate parent is public radio programmer American Public Media, operates WKCP-FM 89.7 and transmits in Palm Beach County on a low-power repeater at 101.9 FM. In the deal, approved by WXEL trustees this morning, the non-profit Classical South Florida will operate separate programming on WXEL-FM, which will get new call letters, and all 14 full-time employees will get offers to stay. Classical South Florida said it has not decided the status of WXEL's contracts with National Public Radio, • Public Radio International and American Public Media. The station will operate, at least for the first year, at the complex on Congress Avenue in Boynton Beach that WXEL-FM shares with WXEL-TV. It will pay $44,000 per year in rent, Barry has had the stations for sale since 2004. But it was only in the last six months that Barry first thought about selling radio and television seperately, Bruce Edwards, Barry's Vice President for Business and Finance, said today. Only Classical South Florida made a pitch for just WXEL-FM, Edwards said in a meeting at The Palm Beach Post with representatives of its news and opinion sections. "We wanted to find the right suitor," Edwards said. "We feel like we've found it for radio." And, Barry attorney Patrick Meehan said the college hopes this will make it easier to sell the television station "to anyone who's legally and financially qualified." But, Barry President Sister Linda Bevilacqua said, "This is not going to be a decision that we make lightly. It's been on my desk for six years." The university said it expects the proceeds to help pay down the millions Barry's already laid out since it bought the WXEL complex in 1997, including a $2.5 million donation that essentially wiped out WXEL's debt and a line of credit from Barry that's fluctuated from $1 million to $2 million. Whatever's left will help operate the television station. The deal must be blessed by the Florida Department of Education, which had spent $5 million to build the Congress Avenue studios and has given WXEL more than $20 million over the years. Bevilacqua hoped to get hll0.//www•palmbeachpost.com/news/wxcl-sold-to-broward-based-classical-fm-radio-S89926.html?printArticle—y Page 1 or 3 WXEL sold l0 Broward-based classical FM radio station 6/2/10 9:07 PM on the agenda for the department's May 18 meeting of the state's Board of Education. Only then can the new buyer formally apply to the Federal Communications Commission. Bevilacqua said she hoped for approval within four months. What would stop Classical South Florida from, somewhere down the road, shutting down the Palm Beach County operation and simply transmitting its Miami programming on that spot on the dial? Edwards said nothing in the contract prevents that. But, he said of Classical South Florida, "We feel very good about them as individuals. Their integrity. They've given us no indication of that." "It's a major mistake," Community Broadcast Foundation president Murray Green said. In 2004, Barry agreed to sell the stations to a consortium of the foundation —comprised of local broadcast veterans and community leaders —and the parent of New York public station WNET-TV. That deal later collapsed, but the foundation still seeks a deal. Today's deal's actually several mistakes, Green argued: splitting the radio and television station, selling to a group whose corporate parent is in Minneapolis, and letting an all-classical station take over a station that mixes classical music with news and community programs. "What they (Classical South Florida) wanted to do was eliminate any competition," Green said. "They're not part of the community." For all of those reasons, he predicted, critics will file objections with both the state and the FCC to block what he called "a travesty." "We are not a Minnesota company. We're Florida," Classical South Florida general manager Douglas C. Evans, who lives in Palm Beach County, said today. "We haven't made any programming decisions," Evans said. "We'll meet with members of the community who care about WXEL and the programs. We want our board to be a reflection of the community we serve." Green said he couldn't say if CBF still was interested in buying just the TV station. "The radio was an important part of the sale," Green said, adding that CBF had mulled setting up a format of all-day news and community programming. The 2004 deal left three other finalists: Boca Raton-based Florida Atlantic University, Davie-based Nova Southeastern University and Miami competitor WPBT, which has openly coveted WXEL for decades. FAU and NOVA did not immediately comment. WPBT President and CEO Rick Schneider said the radio deal could actually make it easier for Barry to finally yield to WPBT's overtures. "It absolutely makes sense for the community," he said. He said no talks are now under way but that "I am open to it." Last year, the Palm Beach County School Board had looked into buying WXEL for up to $4.5 millio, but that deal never materialized. Today the board also unanimously voted Tuesday to name as WXEL Chief Financial Officer Bernie Henneberg as the new president and CEO, replacing Jerry Carr, who retired March 31. ttp://www.palmbraChpos t.cum/news/wxe l-so ld-to-broward-based-ciassical-tm-radio-589926.htmrp rintArticle-y Page 2 of 3 12.0 NEW BUSINESS February 2, 2010 ( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2, 2010 ❑ OPENINGS 0 PUBLIC HEARING ❑ OTHER 0 CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM 0 ADMINISTRATIVE El NEW BUSINESS ❑ CONSENT AGENDA 0 LEGAL ❑ BIDS AND PURCHASES OVER$100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review of Galaxy School Options and Authorize City Manager to address park component costs with the School Board as needed with understanding that any changes would require an amendment to the Intralocal Agreement. . EXPLANATION OF REQUEST: At the January 19, 2010 Commission meeting, the City Commission approved a tri-partite intralocal agreement (ILA) that addressed a land swap for the current Galaxy Park property. The other parties in the agreement are Palm Beach County, which holds a reverter clause on the Galaxy Park parcel and the Palm Beach County School Board, which plans to rebuild Galaxy School using the Galaxy Park parcel. The objective of the ILA is to facilitate the land swap and replacement of park elements onto a new parcel located north of the present school. In the ILA approved by the Commission, Section 2, Paragraph 2, states that the School Board shall, at its expenses, develop the recreational facilities depicted in Exhibit "D" and establish a budget of$813,000 for construction of the Replacement Park. The Galaxy School project will be on the agenda of a School Board workshop on February 10, 2010. It is anticipated that the School Board will be considering a down- sized school from the original capacity of 750 students to 500 students. The current budget for the project is approximately $35M and the capacity reduction will save about $2 M. This is because the shell for 750 students would be built, but in the future expansion area, classrooms would not be constructed. Like other governmental units, the School Board is looking to reduce project expenses where possible. This reduction will help and the construction of the 500 student Galaxy School will help Boynton Beach. The alternative may be to cancel the Galaxy School project, which would be detrimental to redevelopment efforts of the CRA and the City as well as place a hardship on parents and children in the current Galaxy enrollment area. This project was made possible when the City of Boynton Beach stepped forward to offer the Galaxy Park property as a land swap. In February 2008, it looked as though the school was going to be cancelled. Combined community engagement and work by the City saved the project. As the School Board examines this project next week, they may be looking for further cost-reduction or cost sharing opportunities with the City. There is precedent for cost sharing of site elements. The City agreed to pay for landscape and fence upgrades at the new Congress Middle School. There may be cost elements of the park project, such as replacing the lighting at the ball field and tennis courts to be hurricane resistant. The City and ABC's Extreme Make Over did this work at the Little League Park as an mitigation measure. The other alternative is to look at the park elements and reduce them. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As noted above, cancellation of the Galaxy School project will be detrimental to redevelopment efforts of the CRA and the City as well as place a hardship on parents and children in the current Galaxy enrollment area. FISCAL IMPACT: Unknown at this time. ALTERNATIVES: Request that the School Board proceed with the project as either 750 or a 500 student capacity school with no cost participation by the City other than the land swap. >f it( „, NN CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2, 2010 ❑ OPENINGS 0 PUBLIC HEARING O OTHER 0 CITY MANAGER'S REPORT O ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA 0 LEGAL ❑ BIDS AND PURCHASES OVER$100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review of Galaxy School Options and Authorize City Manager to address park component costs with the School Board as needed with understanding that any changes would require an amendment to the Intralocal Agreement. . EXPLANATION OF REQUEST: At the January 19, 2010 Commission meeting, the City Commission approved a tri-partite intralocal agreement (ILA) that addressed a land swap for the current Galaxy Park property. The other parties in the agreement are Palm Beach County, which holds a reverter clause on the Galaxy Park parcel and the Palm Beach County School Board, which plans to rebuild Galaxy School using the Galaxy Park parcel. The objective of the ILA is to facilitate the land swap and replacement of park elements onto a new parcel located north of the present school. In the ILA approved by the Commission, Section 2, Paragraph 2, states that the School Board shall, at its expenses, develop the recreational facilities depicted in Exhibit "D" and establish a budget of$813,000 for construction of the Replacement Park. The Galaxy School project will be on the agenda of a School Board workshop on February 10, 2010. It is anticipated that the School Board will be considering a down- sized school from the original capacity of 750 students to 500 students. The current budget for the project is approximately $35M and the capacity reduction will save about $2 M. This is because the shell for 750 students would be built, but in the future expansion area, classrooms would not be constructed. Like other governmental units, the School Board is looking to reduce project expenses where possible. This reduction will help and the construction of the 500 student Galaxy School will help Boynton Beach. The alternative may be to cancel the Galaxy School project, which would be detrimental to redevelopment efforts of the CRA and the City as well as place a hardship on parents and children in the current Galaxy enrollment area. This project was made possible when the City of Boynton Beach stepped forward to offer the Galaxy Park property as a land swap. In February 2008, it looked as though the school was going to be cancelled. Combined community engagement and work by the City saved the project. As the School Board examines this project next week, they may be looking for further cost-reduction or cost sharing opportunities with the City. There is precedent for cost sharing of site elements. The City agreed to pay for landscape and fence upgrades at the new Congress Middle School. There may be cost elements of the park project, such as replacing the lighting at the ball field and tennis courts to be hurricane resistant. The City and ABC's Extreme Make Over did this work at the Little League Park as an mitigation measure. The other alternative is to look at the park elements and reduce them. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As noted above, cancellation of the Galaxy School project will be detrimental to redevelopment efforts of the CRA and the City as well as place a hardship on parents and children in the current Galaxy enrollment area. FISCAL IMPACT: Unknown at this time. ALTERNATIVES: Request that the School Board proceed with the project as either 750 or a 500 student capacity school with no cost participation by the City other than the land swap. Item III February 9, 2010 (.%:„:0'--Z,,, ,,,r i4 ) CITY OF BOYNTON BEACH �' � AGENDA ITEM REQUEST FORM roru COMMISSION MEETING DATE: February 9, 2010 ❑ OPENINGS 0 PUBLIC HEARING ❑ OTHER 0 CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE EI NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER$100,000 ❑ UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of request by Lake Worth Christian School to hold a fundraising carnival on school property in a non-conforming zoning district. EXPLANATION OF REQUEST: Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach has submitted a special event permit to have a carnival located on the school property from Thursday, 3/11/2010 through Saturday, 3/13/2010. Staff cannot grant this request administratively because the Zoning Ordinance specifically prohibits this type of use on this parcel. Lake Worth Christian School is requesting a zoning exception. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Potential generation of additional police and fire personnel costs currently not budgeted. ALTERNATIVES: 1.) Disallow the event. 2.) Amend the zoning code. 3.) One-time approval subject to staff verification and possible restriction of event hours, specific review of activity areas proposed and cost-recovery for police and fire department services provided for event. // /A /Li' D U • Page 1 of 1 LaVerriere, Lori From: Bressner, Kurt Sent: Monday, February 15, 2010 3:46 PM To: Taylor, Jerry; Hay, Woodrow; Rodriguez, Jose; Weiland, Ronald; Ross, Marlene Cc: Welsh, Pam; LaVerriere, Lori;Atwood, Barry; Livergood, Jeffrey; Immler, Matt; Cherof James Subject: Fwd: Comparison of Stand-Alone and Office Build-out 20 year debt cost Attachments: PD BuildingTaxRatelmpactStandaloneVsOffice021110F.pdf; ATT06993.htm I will ask staff to print up copies of this report for the City Commission also. Sent from my iPhone Kurt Bressner 561-436-2328 (cell) Begin forwarded message: From: Kurt Bressner<kbressner@bellsouth.net> Date: February 15, 2010 3:38:45 PM EST To: Kurt Bressner<BressnerK@bbfl.us> Subject: Comparison of Stand-Alone and Office Build-out 20 year debt cost A member of the City Commission requested that staff provide a supplemental report to the agenda report prepared for the 1/19/10 City Commission meeting. The 1/19/10 staff report compared the 20 year cost of a lease-purchase vs. purchase of office space. While the report also had information on comparative construction costs of a stand-alone building vs. purchase and construction of office space, we did not prepare a 20 year bond cost comparison. That is what the attached report does taking the projected stand alone building cost of $26.6M as contained in the 1/19/10 agenda report and comparing it with the $20M cost of the proposed office space purchase and construction. The report also projects the borrowing costs using capitalized interest for a 20 year bond issue and also projects the tax rate implications based on an assumption that the first debt service on the bonds would occur in fiscal 2012-13 (or December 2012). Finally, the analysis shows a projected tax cost to properties of various taxable value. We have assumed a 15% reduction in taxable value in 2010 for 2010-11 fiscal year. 2/16/2010 Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach,FL 33426 February 4, 2010 Commissioner Marlene Ross City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Lake Worth Christian School Festival Dear Commissioner Ross and Mr. Bressner, Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach in an effort to fundraise to help offset financial obligations of the school has submitted a special event permit to have a carnival located on our property from Thursday, 3/11/2010 through Saturday, 3/13/2010. We have been informed that since the school is not zoned as industrial that a carnival can not occur at our location and the only way to have this event at our location is to get a special exception for our location regarding the zoning which requires either the city manager or the commission to grant this exception. Additionally, if the special exception is granted at the next City Commission meeting on 2/16/2010 that our permit would be less than the required 30 days to file for a special event permit and we would be requesting an exception for that as well. I have been in contact with Vicki Lloyd, Administrative Associate, Special Event Permit Coordinator off and on for over a year trying to make sure that we covered all the requirements to hold this carnival and she has been most helpful however, we both were unaware of this zoning issue. Consequently, we took the liberty and expense of contracting with the carnival, temporary restroom facilities, soda trailer with stock, ice trailer, security, marketing, overflow parking, lining up volunteers and contacting sponsors for this event. I have past experience as a festival chairman as a fundraiser in Palm Springs at St. Luke Catholic School and it has literally helped keep the school in business. St Luke has a special allowance from Palm Springs to hold a festival every year and in addition to the financial benefits, it really brings the community together. So when my daughter started to attend Lake Worth Christian School for high school, I saw the possibilities for such an event being held and the benefits it would provide to the school and believe it would be an asset for the community. The specifics of our event have been provided to Vicki Lloyd in the permit format additionally she was given a detailed map of the festival layout which would be available to review. Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 We are requesting that Lake Worth Christian School be granted a zoning exception to hold a carnival hopefully on a yearly basis and would need a special event permit exception of less than 30 days as previously stated. If the commission needs to address this issue, please place us on the agenda for the next meeting on 2/16/2010. We appreciate your time and consideration to this matter. Sincerely, Jim Adams Festival Chairman 561-267-7499 CC: Vicki Lloyd Administrative Associate Special Event Permit Coordinator City of Boynton Beach 128 E. Ocean Ave. P.O. Box 310 Boynton Beach, FL 33425-0310 Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 February 4, 2010 Commissioner Marlene Ross City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Lake Worth Christian School Festival Dear Commissioner Ross and Mr. Bressner, Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach in an effort to fundraise to help offset financial obligations of the school has submitted a special event permit to have a carnival located on our property from Thursday, 3/11/2010 through Saturday, 3/13/2010. We have been informed that since the school is not zoned as industrial that a carnival can not occur at our location and the only way to have this event at our location is to get a special exception for our location regarding the zoning which requires either the city manager or the commission to grant this exception. Additionally, if the special exception is granted at the next City Commission meeting on 2/16/2010 that our permit would be less than the required 30 days to file for a special event permit and we would be requesting an exception for that as well. I have been in contact with Vicki Lloyd, Administrative Associate, Special Event Permit Coordinator off and on for over a year trying to make sure that we covered all the requirements to hold this carnival and she has been most helpful however, we both were unaware of this zoning issue. Consequently, we took the liberty and expense of contracting with the carnival, temporary restroom facilities, soda trailer with stock, ice trailer, security, marketing, overflow parking, lining up volunteers and contacting sponsors for this event. I have past experience as a festival chairman as a fundraiser in Palm Springs at St. Luke Catholic School and it has literally helped keep the school in business. St Luke has a special allowance from Palm Springs to hold a festival every year and in addition to the financial benefits, it really brings the community together. So when my daughter started to attend Lake Worth Christian School for high school, I saw the possibilities for such an event being held and the benefits it would provide to the school and believe it would be an asset for the community. The specifics of our event have been provided to Vicki Lloyd in the permit format additionally she was given a detailed map of the festival layout which would be available to review. Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 We are requesting that Lake Worth Christian School be granted a zoning exception to hold a carnival hopefully on a yearly basis and would need a special event permit exception of less than 30 days as previously stated. If the commission needs to address this issue, please place us on the agenda for the next meeting on 2/16/2010. We appreciate your time and consideration to this matter. Sincerely, Jim Adams Festival Chairman 561-267-7499 CC: Vicki Lloyd Administrative Associate Special Event Permit Coordinator City of Boynton Beach 128 E. Ocean Ave. P.O. Box 310 Boynton Beach, FL 33425-0310 Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 • Item III February 9 , 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 9, 2010 ❑ OPENINGS 0 PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT O ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM 0 ADMINISTRATIVE ® NEW BUSINESS O CONSENT AGENDA 0 LEGAL O BIDS AND PURCHASES OVER$100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of request by Lake Worth Christian School to hold a fundraising carnival on school property in a non-conforming zoning district. EXPLANATION OF REQUEST: Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach has submitted a special event permit to have a carnival located on the school property from Thursday, 3/11/2010 through Saturday, 3/13/2010. Staff cannot grant this request administratively because the Zoning Ordinance specifically prohibits this type of use on this parcel. Lake Worth Christian School is requesting a zoning exception. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Potential generation of additional police and fire personnel costs currently not budgeted. ALTERNATIVES: 1.) Disallow the event. 2.) Amend the zoning code. 3.) One-time approval subject to staff verification and possible restriction of event hours, specific review of activity areas proposed and cost-recovery for police and fire department services provided for event. Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 February 4, 2010 Commissioner Marlene Ross City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Lake Worth Christian School Festival Dear Commissioner Ross and Mr. Bressner, Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach in an effort to fundraise to help offset financial obligations of the school has submitted a special event permit to have a carnival located on our property from Thursday, 3/11/2010 through Saturday, 3/13/2010. We have been informed that since the school is not zoned as industrial that a carnival can not occur at our location and the only way to have this event at our location is to get a special exception for our location regarding the zoning which requires either the city manager or the commission to grant this exception. Additionally, if the special exception is granted at the next City Commission meeting on 2/16/2010 that our permit would be less than the required 30 days to file for a special event permit and we would be requesting an exception for that as well. I have been in contact with Vicki Lloyd, Administrative Associate, Special Event Permit Coordinator off and on for over a year trying to make sure that we covered all the requirements to hold this carnival and she has been most helpful however, we both were unaware of this zoning issue. Consequently, we took the liberty and expense of contracting with the carnival, temporary restroom facilities, soda trailer with stock, ice trailer, security, marketing, overflow parking, lining up volunteers and contacting sponsors for this event. I have past experience as a festival chairman as a fundraiser in Palm Springs at St. Luke Catholic School and it has literally helped keep the school in business. St Luke has a special allowance from Palm Springs to hold a festival every year and in addition to the financial benefits, it really brings the community together. So when my daughter started to attend Lake Worth Christian School for high school, I saw the possibilities for such an event being held and the benefits it would provide to the school and believe it would be an asset for the community. The specifics of our event have been provided to Vicki Lloyd in the permit format additionally she was given a detailed map of the festival layout which would be available to review. p Lake Worth Christian School 7592 High Ridge Rd. Boynton Beach, FL 33426 We are requesting that Lake Worth Christian School be granted a zoning exception to hold a carnival hopefully on a yearly basis and would need a special event permit exception of less than 30 days as previously stated. If the commission needs to address this issue, please place us on the agenda for the next meeting on 2/16/2010. We appreciate your time and consideration to this matter. Sincerely, Jim Adams Festival Chairman 561-267-7499 CC: Vicki Lloyd Administrative Associate Special Event Permit Coordinator City of Boynton Beach 128 E. Ocean Ave. P.O. Box 310 Boynton Beach, FL 33425-0310 Michael Rumpf Director of Planning & Zoning City of Boynton Beach 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 CITY OF BOYNTON BEACH *\,,,, )1.- ,U AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 9, 2010 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE CINEW BUSINESS ❑ CONSENT AGENDA El LEGAL O BIDS AND PURCHASES OVER$100,000 0 UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consideration of request by Lake Worth Christian School to hold a fundraising carnival on school property in a non-conforming zoning district. EXPLANATION OF REQUEST: Lake Worth Christian School located at 7592 High Ridge Rd in Boynton Beach has submitted a special event permit to have a carnival located on the school property from Thursday, 3/11/2010 through Saturday, 3/13/2010. Staff cannot grant this request administratively because the Zoning Ordinance specifically prohibits this type of use on this parcel. Lake Worth Christian School is requesting a zoning exception. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Potential generation of additional police and fire personnel costs currently not budgeted. ALTERNATIVES: Disallow the event or amend the zoning code. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2, 2010 ❑ OPENINGS 0 PUBLIC HEARING O OTHER 0 CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ FUTURE AGENDA ITEMS NATURE OF ❑ ADMINISTRATIVE ® NEW BUSINESS AGENDA ITEM 0 CONSENT AGENDA 0 LEGAL ❑ BIDS AND PURCHASES OVER$100,000 ❑ UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Authorize City Manager to send letter to Hunters Run President's Council releasing allocation of reuse water for the Hunters Run Residential Hoa EXPLANATION OF REQUEST: The City has been contacted by Hunter's Run Residential HOA regarding the allocation of 620,000 gallons a day of reuse water from the City of Boynton Beach to Hunters Run Residential HOA. The residential portion of Hunters Run includes 23 residential areas or "pod" that have independent irrigation systems. Currently, these irrigation systems use ground water for sprinkling. The Hunter's Run Golf Course has reuse water under an existing contract with the South Central Regional Wastewater Treatment and Disposal Board. That use dates back to the 1980's and is not affected by the Hunters Run Residential HOA issue. Because the City's permit from the South Florida Water Management District (SFWMD) has identified the Hunters Run Residential HOA in it's water reuse plan and because the reuse line is located in Congress avenue as it abuts Hunter's Run, the SFWMD has indicated that the Hunters Run Residential HOA permit for irrigation via groundwater will not be renewed and that Hunters Run Residential HOA should hook up to the reuse line in Congress Avenue. In June 2009, Hunters Run Residential HOA requested that the City include reuse water for them in our system. We did and included 610,000 gallons per day of reuse water for Hunters Run Residential HOA as part of our reuse master plan. SFWMD issued a 20 year permit to the City of Boynton Beach called a Consumptive Use Permit (CUP). This permit was issued on December 8, 2009 and calls for an allocation of 6.0 Million gallons of reuse water per day as part of the City's system. Based on our discussions with the Hunters Run Residential HOA's President's Council, they are not able to move forward with a change over of their residential irrigation system to reuse because of the cost and the disruption that the improvement would cause in Hunters Run. Based on very preliminary numbers provided verbally, the cost is expected to be between $1.6 and $2.5 M to install a water reuse distribution system to serve all 23 residential area. For this reason, the President's Council of the Hunters Run Residential HOA is no longer seeking a reuse allocation and is requesting that SFWMD renew their groundwater irrigation permit for 10 years. Recognizing that Hunters Run Residential HOA is foregoing the benefits of reuse water (no restrictions on use, for example), we would by the attached letter seek to reallocate the 620,000 gallons per day to other users or areas in Boynton Beach, especially eastern Boynton Beach where there is an environmental benefit to reducing potable water use for irrigation. There is no guarantee that the SFWMD will accept the position of Hunters Run Residential HOA nor is there a guarantee that SFWMD would allow the City to shift allocation of this reuse water elsewhere in the City as part of the City's CUP permit with SFWMD. However, Hunters Run Residential HOA has made this request of the City to release their allocation of reuse water at this time recognizing that in the future if the City has access to additional reuse water and the economic conditions change as to installation of the reuse distribution system in Hunters Run Residential HOA, the matter can be revisited. If the Commission authorizes this letter, the City staff will also seek an amendment of our CUP permit with SFWMD to reallocate the Hunters Run Residential HOA reuse water to somewhere else in our system. Hopefully, the SFWMD will allow us to make this change. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This represents a possible reallocation of reuse water from the City's reuse water master plan. FISCAL IMPACT: None other than staff time to discuss the issue with the SFWMD. ALTERNATIVES: Do not authorize the letter to Hunters Run Residential HOA and do not authorize City staff discussion with SFWMD as to reallocation of reuse water to other areas of the City. The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office:(561)742-6010 t FAX: (561)742-6011 it" r ry e-mail:bressnerk@bbfl.us www.boynton-beach.org February 2, 2010 Alvin Newman, President The President's Council of Hunter's Run 3700 Clubhouse Lane Boynton Beach, FL 33436 Dear Mr. Newman: The City is in receipt of your letter of February 1,2010 addressed to James A. Cherof,City Attorney. In response to your letter please consider the following: 1. The City acknowledges that Hunter's Run Residential HOA is not seeking an allocation of reclaimed water at this time based in part upon David L. Farabee's conclusion in his February 19, 2009 Reclaimed Water Feasibility Study (copy attached). In his study, Mr. Farabee concluded that"using reclaimed water for irrigation of residential areas of Hunter's Run (the areas covered by the existing Water Use Permit for Hunter's Run Community Management Organization) is not feasible. A reliable supply of reclaimed water is not available. Even if it was,the facilities needed to make use of it would likely be prohibitively expensive." 2. The City also received a letter from Mr. Farabee dated June 25, 2009 (copy attached) that inquired as to the availability of reuse water for irrigation demand in the residential areas of Hunters Run. 3. Based upon the request of the Hunter's Run Residential HOA the City will seek modification of its Consumptive Use Permit issued by the South Florida Water Management District. Modification is required since part of the supporting documentation submitted to the District to obtain issuance of the City's Permit listed Hunter's Run Residential HOA as a potential recipient of 617,890 average daily flow GPD. That reclaimed water flow will now need to be reallocated to other existing and planned service areas including the eastern portions of Boynton Beach. 4. The City's request for District modification of the Consumptive Use Permit will likely pend contemporaneously with the HOA's request for a renewal of a ten year permit which allows residential irrigation from wells and ponds within the Hunter's Run community. There being no guarantee that the District will grant either the City's request for modification or Hunter's Run's request for renewal we understand your reservation of rights to request an allocation of reclaimed water in the future should the City have the capability to provide additional reclaimed water and economic conditions change. To the same extent the City reserves its right to propose the use of reclaimed water by Hunter's Run in lieu of the well and pond system if and when it proves economically feasible to implement that transition and a public purpose is served. In conclusion the City supports the Hunter's Run application for renewal of its ten year permit to use well and pond water in lieu of reclaimed water. If we could be of any assistance to the advancement of your application with the South Florida Water management District please do not hesitate to contact me. Very truly yours, Kurt Bressner City Manager KB/lms Cc: Mayor and Commission James A. Cherof, City Attorney Debra Moore, General Manager 2 AMERICA 'S GATEWAY TO THE GULP-STREAM K.C. - hyo , 041aku DAVID L. FARAD'S, FE CONSULTING ENGINIXR PRONE: (941)377-0710 4263 LANCASTER]Drava oiilxt•4 75)269-1936 SARASOTA., FLosanA 34241-6722 ` 5't g 9-Nedn comcsst.net nT irf"6.TA' t, 4Y1 June 25,2009 Peter Mazzella Deputy Director of Utilities JUN 2 9 2869 City of Boynton Beach 124 E Woolbright Road Boynton Beach,Florida 33435 E. TIES 1 gtr (IY 1; Subject: R_eclai.med Water Availability for,Y unnters R CMO Mr.Mazzella,as we recently discussed,this letter is written to inquire about the availability of reclaimed water for irrigation of residential lawns at Hunters Run. The South Florida Water Management District(SFWMD)permits water uses at Hunters Run to two different organizations for two different purposes. The Hunters Run Property Owners' Association provides irrigation for golf courses;they operate a community-wide irrigation system which draws water from a stormwater pond. That use has long been augmented by reclaimed water;an increase is pending in the allocation for that purpose from 0.5 mgd to 1.0 mgd. Another entity,the Hunters Run Community Management Organization(CMO),has a separate SFWMD Water Use Permit for irrigation of residential lawns and common areas. The Hunters Run CMO is the subject of this letter. The Hunters Run CMO Water Use Permit covers 23 independent irrigation systems,operated by individual homeowners' associations. Each system has its own water source,from a stormwater pond or from a well;neither the supplies nor the irrigation systems are connected to each other. Although the current Water Use Permit does not require flow metering of these withdrawals,recently-installed meters recorded just less than 0.5 mgd in total for a period of six to nine months,not including a dry season. So,it is likely that the total demand for these purposes is significantly more than 0.5 mgd. The purpose of this letter is to ask,on behalf of Hunters Run CMO,whether reclaimed water is available for this irrigation demand. It is my understanding that the City of Boynton Beach is now responsible for allocating its share of reclaimed water from the South Central Wastewater Treatment Plant,and that there are competing demands for such allocations. That being the case,I understand that other demands may be more appropriate for reclaimed water allocations,especially if alternative dry-weather water supplies can be retained to help balance reuse allocations. In the case of Hunters Run CMO,the piping configuration is such that any conversion to reclaimed water would necessarily require the disconnection of the existing supplies,so the systems would need an exclusive and reliable supply of reclaimed water. We appreciate your attention to this matter, and look forward to your response. Sine• ", Dan. L.Farabee,PE Copy to: Debbie Moore,Hunters Run CMO Gerhardt M. Witt,PG Reclaimed Water Feasibility Study }tunters Run Community Management Organization February 19,2009 F tl c''. '� `A- ZN [t f 5`4 ''",,;i W.s1✓ fi�.. S�' '. ��• ('`, ,y6�t; �r `Vi?fi t`+j'.;:-•.-"P•44'.4,'-'t',..,' 'Y. } c'i' r*'Nw'' c! ` 11 d,t f °u. • a ..y` ,F:-:,;Z-W'"?..,---1",;":".. .•"''4.-'•If 'b A •:• 4;j1' -- Y4a rt- br 2.P' y :;1-f 3- `'in.�C 11 i.i - . .3 , i . . 7_ a y I— . ,4 . . • . . . , , _ , i__., . • 1 . , 0'; 1 Is j • David L. Farabee,PE 4263 Lancaster Drive Sarasota,Florida 34241 Florida Professional Engineer Na. 22305 (941)377-0710 1 1 i DAVID L. FAIL/WEE, PE CONSULTING ENGINEER PHONE: (941)377-0710 4263 LANCASTER DRIVE FAX: (775) 269-1986 SARASOTA, FLORIDA 34241.5722 �i(��roacc4i'ciimco►.mei February 19,2009 Debra Moore General Manager Community Management Organization 3700 Clubhouse Lane Boynton Beach, Florida 33436 Subject: Final Report on Reclaimed Water Feasibility_Study Debbie, with the new irrigation metering information provided last week, l was able to complete the feasibility study. The conclusion remains as it was in last month's draft version: reclaimed water irrigation is not feasible because there is not a reliable supply of reclaimed water available at the present time. I have enclosed for your use live signed and sealed copies of the final report. By copy of this letter, I am also transmitting five copies to Gary Witt for his use in submitting the report to South Florida Water Management District. • I appreciate the opportunity to serve the Community Management Organization in this way. It appears that the completion of this feasibility study will be well under the budget provided. If i can be of further service, in this or any other matter, please don't hesitate to call me. Sin' • , 44 David . Fara e, I • Enclosure: Final Reclaimed Water Feasibility Study,5 signed and sealed copies Copy to: Gerhardt M. Witt,PG, with enclosure(5 signed and sealed copies) • 1 Reclaimed Water Feasibility Study Hunters Run Community Management Organization Table of Contents Page A. Introduction • I. General Description 2. Background Information 1 B. l:,xisting Conditions 2 1. Existing Stommater System 2 2. Existing Irrigation Systems 3 3. Existing Water Demands 3 C. Prospects For Reclaimed Water Use 3 • I. Wastewater Utility Facilities 3 2. Seasonal and Diurnal Peak Load Issues 4 3, Permitting Requirements 4 4. Reclaimed Water Facilities Needed • 5 5. Reclaimed Water Availability G D. Conclusions 6 Tables(bound at end of report) 1, Existing Irrigation Systems 2, Summary of Recorded Irrigation Demands Figures(bound at end of repot1) I. Drainage Basins • 2. Location of Groundwater and Surface Water Withdrawals • •.. , r rrfl/�7 David L. Farabec,PE 4263 Lancaster Drive Sarasota, Florida 34241 Florida Professional Engineer No.22308 (941)377-0710 Reclaimed Water Feasibility Sus/y f<�r Matters Run CA10 rebruuty/9,2009 Reclaimed Water Feasibility Study Hunters Run Community Management Organization A. Introduction I. General Description Hunters Run is a golf course and residential community in Boynton Beach in Palm Beach County, Florida. In addition to three 18-hole golf courses and other recreational facilities,this community includes 23 residential communities. The Hunters Run stormwatcr system includes numerous pond areas scattered throughout the golf courses and residential areas. Irrigation for the residential areas are is provided by 23 separate irrigation systems. Seven of these draw irrigation water from sturmwater ponds; 16 of them draw irrigation water from wells. • These irrigation systems for the residential areas are subject to a Water Use Penni! from the South Florida Water Management District(SFWMD);although each irrigation system is owned and operated by the individual homeowners associations,the Water Use Permit is held collectively by the Hunters Run Community Management Organization. There are other SFWMD permits for the stormwater system and the water withdrawals from that system for golf course irrigation;those permits arc held by the Hunters Run Property Owners' Association. This report is intended to assess the feasibility of using reclaimed water for the residential irrigation systems. 2. Background Information Residential irrigation water comes primarily from well withdrawals,but several of those systems withdraw water from Hunters Run stonnwater ponds. The stormwater facilities throughout Hunters Run were constructed under a series of connected permits issued by SFWMD. Under a separate permitting program, SFWMD also permits the withdrawal of surface water from those stormwater ponds for irrigation. In general,the stormwater facilities consist of pipes conveying stormwater from . streets and other areas into ponds,which are interconnected to allow flow from pond to pond. This system is designed so that changes in the pond water levels provide attenuation of stormwater flow rates;ultimately the stormwater is discharged to canals owned by the Lake Worth Drainage District, Reclaimed II'rrlcr Feasibility Sr:a)'for hunters Rrm CMO February 19,2009 Page I of 6 There is one Water Use Permit, held by the CMO, for 23 separate residential irrigation systems. 16 of those residential irrigation systems use well water;seven of them use surface water withdrawn from the Hunters Run stormwater system ponds. A separate Water Use Permit covers the withdrawal of surface water from lunters Run stormwater ponds for golf course irrigation;this permit is held by the Hunters Run Property Owners' Association. In addition to the irrigation water pemritted by SFWMD,reclaimed water is also used by the Hunters Run Property Owners' Association to irrigate the golf courses. This reclaimed water is provided by the South Central Regional Wastewater Treatment and Disposal 13oard. The use of reclaimed water for landscape irrigation is a widespread, long-standing practice throughout Florida and several other states. Reclaimed water irrigation is • governed by rules adopted by the Florida Department of Environmental Protection(FD13P); those rules require certain treatment standards which are intended to make this practice safe. The rules require a permit, issued by FDEP, for the use of reclaimed water for irrigation; in the case of reclaimed water used by Hunters Run, that permit is held by the South Central Regional Wastewater Treatment and Disposal Board. B. existing Conditions f, Existing Stormwater System A reclaimed water feasibility study was prepared for the Hunters Run Property Owners'Association. 13ecause of the interconnection between the irrigation supply and the stormwater system,that study included tin attempt to gather information about the existing stormwater system. Unfortunately,no maps of this system are available. For that reason,a review was undertaken of stormwater permitting tiles retained by SCWMD. Those permitting files showed that the Hunters Run stomtwater system consists of six separate drainage basins. Each drainage basin includes a series of interconnected stormwater ponds which convey water to one of six separate outfalls, Three of these outfalls are to the north into Lake Worth Drainage District Canal 1-28, Three of these outfalls arc to the south into Lake Worth Drainage District Canal L-30. One of these drainage basins appears to include water from off-site areas west of Hunters Run. Figure 1 shows the general juxtaposition of these drainage basins and their outfalls. Although the permitting files did not include maps of exactly which pond is connected to which,there is no reason to believe that stormwater ponds throughout Hunters Run are all connected to each other. Instead,the ponds are connected to each other in a dendritic pattern within each drainage basin. So, I' throughout each of the-six drainage basins,there are internal connecting pipes from pond to pond. The exact location and size of those connecting pipes is not Reclaimed!Yater Pe'asibilih'Sundt'for Hunters Run CAIO Febraan'19. 2009 Page 2 of 6 • known. There are also some internal weirs controlling pond elevations; the location ofall those weirs is also unknown, The largest of the six drainage basins,designated Basin I, is in the eastern part of Hunters Run. This drainage basin includes the ponds that supply irrigation water to the golfcourses. It appears that those ponds and several other ponds to the east of the pump station,located north of Summit Drive,arc connected to each other by pipes beneath the water surface,so that they maintain the same water Level. Flow from these interconnected ponds is used for irrigation of golf courses by the Hunters Run Property Owners' Association. Reclaimed water is also used for golf course irrigation;the existing configuration supplies reclaimed water directly into the golf course irrigation transmission mains, but plans are under way to provide that water into the stormwater pond so it will be withdrawn together with the stormwater withdrawals. 2. Existing irrigation Systems The existing irrigation systems are located at various points throughout the residential areas of Hunters Run. Each systcm is operated independently by the respective homeowners'association. These systems are summarized in Table 1; their locations are shown on Figure 2, • 3. Existing Water Demands Irrigation demands arc highly seasonal, During the summer rainy season, rainwater frequently provides more than enough irrigation water. During the spring dry season, irrigation demands are much higher. The existing Water Use Permit does not require measurement of irrigation flows, but flow meters were recently installed at each of the 23 irrigation supply points. These meters have been read only since June 2008,which does not include the higher irrigation demands that occur during the spring dry season. Table 2 shows a summary of the recorded irrigation demands during the period June 2008 through January 2009. C. Prospects For Reclaimed Water Use I. Wastewater Utility Facilities The South Central Regional Wastewater Treatment and Disposal Board is a governmental entity whose function is the treatment and disposal of wastewater. The reclaimed water irrigation supply is a part of that function. In providing reclaimed water,such a wastewater utility is serving the dual function of wastewater disposal and water supply. Because of the relatively consistent supply of wastewater and the highly variable demand for irrigation water,wastewater utilities routinely perform a balancing act of managing the supply and storage of reclaimed water. In the absence of massive seasonal storage facilities,this Reclaimed Water Feasibility Study fur Hunters Run C'tIO February 19,2009 Page 3 of 6 balancing act must be accomplished either by alternative water supplies to increase the availability of reclaimed water during dry weather,or by an alternative disposal method to get rid of unwanted water during the wet season. The South Central Regional Wastewater Treatment Plant is currently undergoing an expansion which will include facilities related to reclaimed water. This expansion includes additional injection well capacity, which provides an alternate disposal method. The availability of an alternate means of'disposal puts South Central in the position of being able to provide reclaimed water up to its maximum treatment capacity, while being able to tolerate reuse users who need significantly lower quantities of water during wet weather. It is important to note the political situation that applies to Hunters Run's reclaimed water source. The South Central Regional Wastewater Treatment and Disposal Board is a consortium of two cities, the City of Delray Beach and the City of Boynton Beach. An imminent change in policy will give each city the responsibility for determining how its share of reclaimed water will be allocated. 2. Seasonal and Diurnal Peak Load Issues As described above, the wastewater utility is undertaking a balancing act of matching seasonal demands and supplies. These variations in demand and supply arc both seasonal and diurnal. Seasonal storage,which typically requires lots of land, is unavailable, but seasonal variations are accommodated by South Central's alternate disposal method,injection wells, Of greater importance is the variation in daily demands. Irrigation occurs at significant peak demands,which coincide with the peak demands from other reuse customers. • If reclaimed water is supplied from the utility directly into the irrigation.systems, it must be provided at peak flow rates,during the night-time hours when reclaimed water demands are highest. If reclaimed water is supplied from the utility into a storage pond, it could be provided during off-peak hours, 3. Permitting Requirements • Permitting of reclaimed water irrigation is a function of VDU. This permitting is done as part of the wastewater permit for the relevant utility. The South Central Regional Wastewater Treatment and Disposal Board has an existing permit that allows irrigation of public-access areas, This permit would cover Hunters Run's residential areas. FDEP's permitting of reclaimed water storage in stormwater ponds is governed by an internal FDEP document, Program Guidance Memorandum DOM-96-01, dated April 26, 1996. 'This document outlines the procedures for permitting such storage. In general, storage in stormwater ponds is permitted as long as reclaimed water is not introduced to the pond when the pond water level is above the Reclarnred SVurcr Feasibility Study/or Hunters Run CA10 February 19,2009 Page A of 6 stormwater pond control elevation. This preserves the stonnwnter-nttcnuation capacity of the ponds and precludes introduction of reclaimed water to the stormwater pond while it is overflowing. Thus, reclaimed water could be added to stormwater ponds during the day, pumped out at night,and in the event of a stormwater event,the pond will subsequently overflow. FDEP permitting would limit the timing of introduction of water to the pond and require reporting of the frequency and duration of stonnwater overflows. FRCP permitting of such storage is widespread, but is not yet included as part of South Central's['DEP wastewater permit. It is important to note that this permitting situation is not specifically addressed in FDEP rules. The fact that this permitting is done pursuant to an internal Program Guidance Memorandum rather than a rule means that it could be changed merely by FDEP staff decisions,without following the public rulemaking process. Such a change is unlikely,but it is possible. Hunters Run Property Owners' Association has sought to modify its reuse agreement with South Central to increase its reclaimed water supply to 1 million gallons per day(mgd)and to accept that water into existing stormwatcr ponds instead of into the irrigation transmission pipes. The proposed changes will require FDEP permitting. The existing FDEP wastewater permit for South Central must be modified to allow Hunters Run to r store reclaimed water in stormwater ponds. After that permitting change is made, the existing stormwater ponds in Drainage Basin 1,which are used for golf course irrigation can be supplied with reclaimed water whenever the ponds aro not overflowing. Drainage Basin I includes a long pond along the eastern edge of Hunters Run, If that pond is isolated from the other stormwater ponds, to allow it to overflow into downstream ponds without allowing back-flow from the downstream ponds, it • could be used to store reclaimed water for CMO irrigation. It is not clear from existing records whether this pond is now isolated,or whether it can be. 4. Reclaimed Water Facilities Needed I ; if reclaimed water is used for CMO irrigation, it would require construction of major irrigation transmission pipes to each of the 23 irrigation systems. These transmission pipes could be constructed in a looped system roughly following the Summit Drive through Hunters Run;it could be supplied either by direct connection to South Central's reclaimed water pipes or from new pump stations pumping reclaimed water from the eastern stormwater pond in Drainage Basin I. Such a transmission pipe loop would allow each pond pump station and supply well to be removed from service. Existing wells and pond pump stations could Reclaln ed!Yater FeusihillO'Siudy,lbr!hovers Run CMO page 5 oFG February 19, 2009 remain in place to serve as a standby supply available in the event of an interruption in reclaimed water service. 5. Reclaimed Water Availability The South Central Regional Wastewater Treatment Plant is located just southeast of Hunters Run. This facility makes reclaimed water available to Hunters Run golf courses and other large irrigation users in the area. To convey that water, South Central has several large reclaimed water transmission mains, including a 30-inch main along Congress Avenue east of Hunters Run and a 16-inch main along the L-28 Canal north of Hunters Run. ► Hunters Run Property Owners' Association has engaged in discussions with South Central about the availability of additional reclaimed Water. The extent of this availability was addressed in correspondence between South Central and SI'WMD,itnd in a meeting between South Central staff and Hunters Run representatives. That correspondence shows that South Central does not have capacity to supply reclaimed water beyond its existing commitments. So South Central can make no commitment at the present time to the long-term availability of additional flows. Such A long-term commitment may he available in the future after South Central can assess its total future demand for reclaimed water and capacity. D. Conclusions • On the basis of the study described above,it is clear that using reclaimed water for irrigation of residential areas at Hunters Run(the areas covered by the existing Water Use Permit for Hunter's Run Community Management Organization) is not feasible. • A reliable supply of reclaimed water is not available. Even if it was, the facilities needed to make use of it would likely be prohibitively expensive. • Reclaimed Haler Feasibility Study for Hunters Rim 0IO February 19,2009 Page 6 of 6 'Fable 1 Existing Irrigation Systems • Label from WUP Source Drainage Name Application Basin B-I Well 3 Stratford E 13-2 Well 3 Stratford W • D-1 Well 3 Cambridge II E-1 Well 6 Northwoods I E-2 Well 5 Northwoods 11 E-3 Well 5 Villas of Northwoods PI Well 5 Villas of Brentford • G Well 4 HampshireNOH I Weil I Essex • Well 4 Bristol K Well 5 Oaks Q Well 2 Glens East P-1 ,Well 1 Eastgate I-pool _ P-2 Well I Eastgate I -building 59 P-3 Well 1 Eastgate II A Pond 2 Southport C Pond 3 Westgate 0-2 Pond 3 Cambridge I H Pond I Sutton Place L Pond 3 Woods M Pond 3 Estates N Pond 3 . Glens West t�- Pond I Windsor _ 0 0 0 0 a C Q Q 4 b o 0 0 0 y 01 ON 4 b GOO NN0NN0000Nr4 00NNN - N 'n N N N . N N N N M N N O .4 Q d Q Q N N 4 N CI co co co O 0 Q N p co Q O O 0 N u 'd 0 O 0 4, U 0 4) u 0 0 o 0 0 Q 4) 0 0 N v u 6. N r"! 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II xfer\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 1 , 2010 ❑ OPENINGS 0 PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS 0 FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ® NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER$100,000 0 _ UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Allow a referendum vote in November 2010 to ask the citizens of Boynton Beach if they want their elected city commissioners, accountable directly to voters, to continue to serve as the Board of the Community Redevelopment Agency(CRA), a board that makes decisions on spending millions of taxpayer dollars EXPLANATION OF REQUEST: Since the inception of the CRA there has been constant debate about who its members should be. The debate has centered on whether the city commission, elected by the people, or an appointed board should have the authority to spend millions in tax dollars. Recently,when news broke about the decision of the city commission give our authority away and appoint an independent seven member board to have authority over spending the tax dollars, I heard from many citizens and communities who are concerned about that decision. Citizens, Presidents and Board Members of key communities like Hunter's Run, Leisureville, 300 POA and INCA have agreed that they would support the question being placed on the ballot in November. Once and for all we can put this debate behind us and allow the citizens to vote on who will have the authority to spend their tax dollars. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None, FISCAL IMPACT: None, minimal as Boynton already has to prepare for an election in Nov. ALTERNATIVES: Do not ask the people and tax payers of this city for their opinion. INFORMATION TECHNOLOGY SERVICES REQUEST FOR SERVICE FORM Do not use this form for Network Authorization or AS/400-HTE Authorization. Use this form to request any non-emergency type of service from I.T.S. (i.e., hardware/software purchases, application development, additional phone &data installations, relocations, etc. etc.) Department/Division City Clerk Requested By/Phone No. Judy Pyle 742-6062 Date Submitted AUgust 11, 2010 Account No.: Sf . ! 8 - //-/o D='ARTMENT DIRECTOR'S SIGNATURE DATE Request (statement of needs): Would it be possible to have detailed district maps for voting included on the web page under Elections. The City Commission districts would be most important, but also what US Senate and Representative districts and State Senate and Representative Districts, County Commissioner Districts and even School Board voting Districts exist within the City limits. Prcta VOT;NG Plea;NITS W; TM./ N v i 7`y Reason for request: Provide more online information to the citizens and improve efficiencies within the City Clerk's office and perhaps other City departments. I saw this type of information displayed on a City website from Broward County. I think it was either Weston or Tamarac. Our goal is to complete your request within 21 business days. ITS Department will notify you should this timeframe need to be adjusted. ITS Tech Support: (561) 742-6789 Rev.6/10/96 Mr.Lloyd McCoy 3923 Westchester Way Boynton Beach,Fl.33436 December 14,2009 Mayor Jerry Taylor 100 East Boynton Beach Blvd. Boynton Beach,Fl.33435 Dear Mayor Taylor: Thank you for giving me the opportunity to serve on the City's Community Relations Board. Regrettably,at this time I must resign to address some family and health matters. I commend the Community Relations Board for the dedication and commitment they've demonstrated towards the betterment and unity of our community.I hope to serve again In some capacity as conditions allow. Sin - ely, 2. c 11 W L oyd Mc . JAN 2 0 2010 (Wror' . E, ;' /4m/I (Y4 /61',47-C'JC. ,& woo sr4,vm of) V/ ru, du/i,, Ot0 IA/14-d W--e KezcP o JO o -" t-eA"/ 4 (Q UCveivtiFJtorri_ Boyvfov � Cif uiwC V g i- u A /6 Old Co (s (,(,okoL,se - vvc Q U I •10 14/1-cei aA/4 atal. T to v n I vV/6' c1- (1 w i k/w„ t Va_ 11C iS 4& rivt' 14,1 II • E vii J� IN � l ey� � ('� i crudLBoyfVh1I Pior (j ,�n ,,n` C�ri / tt n (3LAC S LfV1 ( Oq Pyle, Judith From: Prainito, Janet Sent: Thursday, July 15, 2010 2:57 PM To: Pyle, Judith; Stanzione, Tammy Subject: FW: Nancy Hogan - Boynton Beach CRA Janet M. Prainito, MMC City Clerk 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone: (561) 742-6061 FAX: (561) 742-6090 email: Prainitoj@bbfl.us Original Message From: Bob Newmark [mailto:bob.newmark@me.com] Sent: Thursday, July 15, 2010 2:05 PM To: Prainito, Janet Subject: Nancy Hogan - Boynton Beach CRA Janet Prainito City Clerk Boynton Beach, FL Dear Ms. Prainito: I am sending you this e-mail in support of Nancy Hogan's application for appointment to the Boynton Beach CRA. Having worked with Ms. Hogan as well as observed her work for several community organizations, I know that she is an enthusiastic, intelligent, hard-working performer who, if appointed, will be an excellent addition to the CRA board. Bob Newmark 6900 Ashton Street Boynton Beach, FL 33437 1 Page 1 of 1 Pyle, Judith From: Claude, Sherri Sent: Thursday, January 21, 2010 10:26 AM To: Prainito, Janet; Pyle, Judith Subject: FW: Meeting Reminder FYI From: Paulette Ford [mailto:pauletteford@comcast.net] Sent: Thursday, January 21, 2010 10:17 AM To: Claude, Sherri Subject: RE: Meeting Reminder Sherri, I will not be able to attend next week's meeting. Paulette From: Claude, Sherri [mailto:ClaudeS@bbfl.us] Sent: Thursday, January 21, 2010 9:19 AM To: Carol Lundquist; Dr Tiffany North; Jose De la Torre III; Lori Wilkinson; Mary Morera; Paulette Ford; Robert Chiste; Steve Waldman Cc: Prainito, Janet; Pyle, Judith; Clark, Craig Subject: Meeting Reminder The next Education &Youth Advisory Board meeting is Thursday,January 28 at 7:00 pm at the Senior Center, 1021 S. Federal Highway. As always, if you cannot attend, please notify the City Clerk's office in advance at 742- 6060. The agenda and meeting back-up are attached. See you then. Sherri Sherri Claude,CPRP Assistant to the Director City of Boynton Beach Recreation&Parks Department-A Nationally Accredited Agency PO Box 310 Boynton Beach,FL 33425-0310 (561)742-6224 (561)742-6233 fax www.bpynton-beach.org ACHIEVEMENT... It Starts in Parks 1/21/2010 Page 1 of 1 Pyle, Judith From: Bressner, Kurt Sent: Monday, August 16, 2010 12:54 PM To: Pyle, Judith Cc: Prainito, Janet; Swanson, Lynn; LeJeune, Carisse; LaVerriere, Lori Subject: RE: Agenda Template Old and New Business The City Commission never officially authorized the change. We should put an agenda cover for the September 7th meeting (we means City Clerk's Office O). The agenda cover should spell out the requested change and the cost of the re-programming. Also, check with Lynn S to see if our code has the order of business listed by ordinance. If so, the code will need to be changed also, if the Commission authorizes the change. Kurt egipi...4.,,,iga Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) http://www.boynton- beach.org t From: Pyle, Judith Sent: Monday, August 16, 2010 10:07 AM To: Bressner, Kurt Cc: Prainito, Janet Subject: Agenda Template Old and New Business Kurt: By the end of August I will need to setup and add the Commission meetings for October, November and December into EasyAgenda. At the last meeting Commissioner Orlove had suggested the Old Business section should be moved ahead of New Business on the agenda. Changing the template before the meetings are set up in EasyAgenda is much easier and less time consuming for RB&S Integrated. If items have been added to an agenda and the main template is changed then each individual item has to be reformatted and it locks up the agenda. Since tomorrow is the last meeting in August, I was wondering how or when you want to address the issue. Let us know if we can assist. Judith a.9qe, eAte Deputy eitv Ciotti 13 93ea 561-742-6062 I @ 8/16/2010