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Agenda 03-20-07 The City of Boynton Be ch 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA March 20, 2007 Jerry Taylor Mayor - At Large Janet M. Prainito City Clerk Ron Weiland Commissioner - District I Mack McCray Commissioner - District II Jose Rodriguez Commissioner - District III Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES Sa. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). City of Boynton Beach REGULAR CITY COMMISSION MEETING REVISED AGENDA March 20, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father William Stomski, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY Sa. SPECIAL EVENTS Sa. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation by Boynton Beach High School Principal, Kathleen Perry regarding recent activities at the school. 3. Accept the Presentation of The Mayors' Literacy Initiative Award from the Palm Beach Literacy Coalition at the annual Love of Literacy Luncheon on March 16, 2007 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Agenda Regular City Commission Boynton Beach, FL March 20, 2007 v. ADMINISTRATIVE: A. Appoint Chair and Vice Chair of the Community Redevelopment Agency Board. B. Appointments Appointment To Be Made Length of Term Board Expiration Date Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Cemetery Board Alt 1 yr term to 4/07 Tabled (3) Code Compliance Board Alt 1 yr term to 4/07 Community Relations Board Alt 1 yr term to 4/07 Community Relations Board Reg 3 yr term to 4/08 Tabled (2) Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Education and Youth Advisory Board Reg 2 yr term to 4/07 Tabled (2) Library Board Alt 1 yr term to 4/07 Tabled (3) Library Board Alt 1 yr term to 4/07 Recreation & Parks Board Alt 1 yr term to 4/07 Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (3) Veterans Advisory Commission Reg 3 yr term to 4/07 Tabled (2) IV McKoy IV McKoy III Rodriguez III Rodriguez II McCray Mayor Taylor I Weiland II McCray Mayor Taylor I Weiland I Weiland Mayor Taylor Weiland VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview Conference - March 2, 2007 2. Regular City Commission - March 5, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. None C. Resolutions 2 Agenda Regular City Commission Boynton Beach, FL March 20, 2007 1. Proposed Resolution No. R07-032 RE: Approving and authorizing execution of a Grants Network Master License and Service Agreement with eCivis, Inc. for a total pro-rated cost of $13,173 through October 31, 2007, plus $26,197 for the term November 1, 2007 through October 31, 2008. 2. Proposed Resolution No. R07-033 RE: Approving and authorizing execution of an agreement with the Sembler Company to allow a temporary installation of traffic signal poles in a City easement on the west side of Congress Avenue at the entrance to the Boynton Beach Mall adjacent to Olive Garden Restaurant. 3. Proposed Resolution No. R07-034 RE: Approving and authorizing Change Order #7 for the Library Expansion Project in the credit amount of ($12,620). This includes additional costs in the amount of $19,793 due to unforeseen needs and a credit balance from the contractor to the City for deletion of the drive through window insert and canopy top in the amount of ($32,413). 4. Proposed Resolution No. R07-035 RE: Approving and authorizing execution of an agreement for professional planning services between the City of Boynton Beach and Dick Hudson, for an annual amount not to exceed $61,000. 5. Proposed Resolution No. R07-036 RE: Opposing House Bill 529 known as the "Consumer Choice Act of 2007" (H529) urging Florida legislative representatives to refrain from any form of support or co-sponsorship of H529 and to vote in opposition to H529, requesting Governor Crist to advise the House and Senate leadership that he does not support H529 during the 2007 regular session. D. Approve the request of Palm Beach County Division of Human Services to waive the Opening & Closing Fees of $400 at Boynton Beach Memorial Park for Charles McAlevey. E. Authorize the execution of the Certification of Financial Responsibility for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) Injection Well Application. F. Authorize the use of $1,500 for Gulf Stream Council, Inc. Boy Scouts of America, $2,000 for Community Caring Center and $1,000 for Galaxy Elementary School Spring Carnival from Mayor Taylor's Community Investment Funds. G. Authorize the use of $2,000 for the National Youth Association for Academics & Athletics, Inc. from Commissioner McKoy's Community Investment Funds. 3 . Agenda Regular City Commission Boynton Beach, FL March 20, 2007 H. Authorize the use of $3,000 for the Jayne E. Miller Nursing Scholarship Fund from Commissioner Weiland's Community Investment Funds. VII. CODE COMPLIANCE Sa. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owners: Location: Descri ption: Jerry's Cigar Lounge (Paz Plaza) (COUS 07-001) Jerry Pearson II Jerry Pearson II 3301 West Boynton Beach Boulevard Request for conditional use approval for a 1,200 square foot "cigar lounge" in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. The Estates at Heritage Club (fka BOYNTON DIXIE) (MPMD 07-002) Jason Mankoff, Weiner & Aronson, P.A. New Century Boynton One Development, LLLP West of FEC Railroad on the north side of Gulfstream Boulevard (The Estate at Heritage Club PUD, fka Boynton Dixie). Request for master plan modification approval to The Estates at Heritage Club PUD to reduce the approved number of fee-Simple townhouse units from 82 townhouses to 25 townhouses and add 56 single-family zero lot line dwelling units (a net reduction of one unit). C. Workforce Housing Program amending the Land Development Regulations of the Code of Ordinances, to create a new Article X., Workforce Housing Program, providing for regulations and incentives to build workforce housing to ensure that the City has sufficient workforce housing; providing for the ability to amend a land use designation to Special High Density Residential, Mixed-Use or Mixed-Use Core providing that workforce housing units are created pursuant to the terms of this ordinance; providing a savings clause and a general repealer clause. (1st Reading of Proposed Ordinance No. 07-007) IX. CITY MANAGER'S REPORT: A. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach 4 Agenda Regular City Commission Boynton Beach, FL March 20, 2007 B. Effect of Additional Homestead Exemption on the City X. FUTURE AGENDA ITEMS: A. Water, Sewer and Stormwater Rate Study Report (April, 2007) B. Update of Recreation and Parks Strategic Plan (April, 2007) C. Revision of Fire Codes (April 17, 2007) XI. NEW BUSINESS: A. Reconsideration of the Lobbying Ordinance B. Appointment of Chair and Vice Chair of all Advisory Boards by Mayor and Vice Mayor C. Strategy of CRA land acquisition along Seacrest Boulevard and the purchase of the Woman's Club XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-006 RE: Amending Chapter 1.5, Article VI. Concurrency Requirements of Land Development Regulations, to comply with new growth management legislation directing local governments to adopt a methodology for assessing proportionate fair-share contributions from developers to meet traffic concurrency requirements for local roads. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. (Tabled to April 3, 2007) C. Ordinances - 1st Reading None 5 . Agenda Regular City Commission Boynton Beach, FL March 20, 2007 D. Resolutions: None E. Other: 1. Retention of Mark Raymond of Holland & Knight as the City's Bond Counselor retain a new attorney with the law firm Moyle, Flanigan, Katz, Raymond, White & Krasker as the City's Bond Counsel and authorizing the City Manager to sign a letter indicating the City Commission's decision XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED AGENDA - 3/20/2007 10:26 AM. s:\CC\WP\CCAGENDA\AGENDAS\year 2007\032007 Final Draft.doc 6 :n.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) D 0 January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) [Z] March 20, 2007 March 5, 2007 (Noon) D February 13, 2007 January 22, 2007 D April 3, 2007 March 19, 2007 (Noon) [Z] Announcements/Presentati ons D City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM 0 Consent Agenda D Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing D RECOMMENDA TION: Presentation by Boynton Beach High School Principal Kathleen Perry. EXPLANA nON: On January 25, 2007, Ms. Perry made a presentation to the Education & Youth Advisory Board regarding recent activities at the school, including information on the new Aeronautical Science Academy, scheduled to open in August 2007 at Boynton High. The Board desires that Ms. Perry deliver a similar presentation to the Commission. PROGRAM IMP ACT: N/A FISCAL IMP ACT: (Include Account Number where funds will come from) N/A AL TERNA TIVES: N/A awt~i I ' ature ~,. , ",p/~ ity Manager's Signature Assistant to City Manager CjrK/ Recreation & Parks Department Name City Attorney I Finance SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM,DOC ({( III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2,2007 (Noon) [8J March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22,2007 0 April 3, 2007 March 19,2007 (Noon) [8J Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Accept the Presentation of The Mayors' Literacy Initiative Award from the Palm Beach Literacy Coalition at the annual Love of Literacy Luncheon on March 16,2007. EXPLANATION: Four city mayors, including Mayor Jerry Taylor, received awards for their involvement with the Literacy Coalition for the steps they are taking in each of their municipalities to raise literacy to the top of the priority list. PROGRAM IMPACT: The workforce literacy program at the City of Boynton Beach coordinated by the Organizational and Professional Development division started in 2001 when 27 employees volunteered to participate. In the last six year several students have received their GED, some were accepted into Palm Beach Community College where they continue to excel, several were promoted or moved on to more challenging positions with the city. The success of the program is seen in the advancement of the students not only within the city but one or two have taken positions of responsibility with their local community and religious associations. Participants promote the literacy program and the city's generosity in providing the opportunity whenever and wherever they can. The city is proud to grant the time and provide the space and facilities to promote the students' success that is evident as they work with their instructor Ruth Pelletier each week in the city's computer lab. FISCAL IMPACT: (Include Account Number where funds will come from) The Annual Fund of $3,800 that falls under account # 001-1611-513-54-36 covers two classes per week each two hours long that focus on basic reading, comprehension and writing skills and on English for speakers of other languages ESOL. AL TERNA TIVES: Not to accept the Presentation 1/J Department Head's Signature City Manager's Signature Assistant to City Manager ~L Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC City Attorney / Finance P.lm Beach County Cr..t.. Mayors. Literacy In itlativ. To raise literacy to the top of the priority list for local municipalities, the Palm Beach County Literacy Coalition has begun a Mayors' Literacy Initiative. During the summer months, the Coalition's Executive Director, Darlene Kostrub, met individually with four mayors to talk with them about literacy needs and concerns. The mayors outlined many of the educational programs in which their cities are currently involved. She shared with them a menu of opportunities for additional ways cities could support literacy for adults, children, youth and families. She invited the mayors to complete the opportunity list and return it to the Coalition to document the ways their cities currently support literacy as well as ways they want to move fOlward. All four mayors completed the document affirming their formal support for literacy. At a Ha/J OJ! /0 Iiterary appreciation luncheon held in September on International Literacy Day, the four mayors spoke affirming their cities' commitment to the Literacy Initiative. Each highlighted the unique ways his or her city is - Mayors Jerry Taylor, Tom Wenham and Jeff Perlman spoke about their cities' literacy activities at the Ha/J OIr /0 Iitemf)' luncheon involved. Jerry Taylor, mayor of Boynton Beach, spoke about tlle workplace literacy program his city has operated in partnership with the Literacy Coalition for the past five years. Tom Wenham, mayor of Wellington, discussed his city's strong commitment to elementary schools in his area. The mayor of Delray Beach, Jeffrey Perlman, talked about his mayor's city-wide reading campaign, "Delray Beach.. .Get Caught Reading," that has generated much activity and - -- - You Can Help Children Develop a love of Reading! . Be a role model. Reading in front of children shows you value reading and sets a good example. . Eneaee children in conversation _and discuss books with them to help develop their oral language & literacy -skills. . Model good reading skills in community settings by reading signs, notices or ads and encouraging children to do the same. enthusiasm. Lois Frankel, mayor of West Palm Beach, gave a visual presentation about a variety of \X1est Palm Beach educational activities and applauded her educational staff member, Tyvi Small. . Read and share books with children to help them become life- long learners. This attention lets them know they are special and loved. ISI e oca rar often with- your children. Help them get their_ own library cards and choose thei... ownb r " ' V. ADMINISTRATIVE ITEM B. APPLICANTS ELIGIBLE FOR APPOINTMENT 03/20/07 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aaencv Board Buchanan James (Buck) Community Redev. 7/10/06 Aqencv Board Burgess Alan Arts Commission 1/19/07 Hillery, Jr. Edward G. Planning and 11/15/06 Development Bd. Wolf Halena Arts Commission 1/24/07 VI.-CONSENT AGENDA ITEM A.1 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS ON FRIDAY, MARCH 2, 2007 AT 9:00 A.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager David Tolces, Assistant City Attorney Janet Prainito, City Clerk Mayor Taylor called the meeting to order at 9:01 a.m. CALL TO ORDER: I.D.l. Additions, Deletions or Corrections ':t!'....}! Vice Mayor Rodriguez requested two items be added to X. Future:Ag~pda Items. 1. A strategy report regarding thelatestreporyon crime irH:reases in Boynton Beach. 2. An ordinance to allow a new Commissiorer; ,appointed or elected, to remove any board members that were appointed by his/her predecessor, within 30 days. Commissioner Weiland requestedt~:Iadd an discretionary funds for the followingclonations: to VI. consent Agenda, for the use of his '.'.........,., 1. $3,QOO to theCorp~lJnity Caring enterf()r the specific purchase of food 2. $1,500to the Boynton Beach Symphony for their last concert of the year 3. $l,OOOtpt;~he Dancers I:'\lchemy, Inc. With regard to the,rDanter~'~tlemy, IncJ)Commissioner Weiland would recuse himself from voting because his daughter was am:e,rnber of the Dancers Alchemy team. The $1,000 would be used for travel and accommodations for~c()mpetition in Orlando. The bus would be for the students and teachers only;; Parents or famil~;,p~rn'lbers would in no way benefit from the donated monies. All the particip~~t~live in BoyntqqBeach. The group does many funding raising events for organizations aM groups withiri!the immediate area. Mr. Bressner would;.verifyithat Dancers Alchemy, Inc. had received prior donations or met the requirements of the Ordinance as a not-for-profit organization and other criteria. The findings would be distributed to all Commission members. VI.B.3.Approve a multi-award by manufacturer with primary, secondary, third and some fourth place vendors, BID #026-1412-07/CJD - "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" to the lowest, most responsive and responsible bidder. The estimated expenditure will be $95,000. Minutes Agenda Preview Conference Boynton Beach, FL March 2, 2007 Commissioner McCray asked for last year's expenditure. Bill Mummert, Director of Financial Services, reported $90,000 had been expended in the prior fiscal year. VI.B.4.Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals of Malvern, Pennsylvania for an estimated annual expenditure of $45,000. Commissioner McCray requested the previous year's expenditure should be stated for the record. Mr. Mummert reported the 2005/2006 expenditure had be;n $2p,900.It'was explained Health Department regulations required an additional 50% use ofthematerialper day. The requirement doubled the cost, rather than the commodity cost. VI.B.5.Award a "TWO-YEAR AGREEMENT FOR SUJP;PPlYAIWD INST~l:.llJ\TION OF.MlATER SERVICE CONNECTIONS & RESTORATIONijm~p~li#o27-2821~'aVK~~:,~~;~~NE-TEC, INC. of Boynton Beach, FL for an estimated CiI:" palua I expenditure of: $3,~,000. Commissioner McCray inquired if the City of Boynton Beach cou'I(jI'Nithdraw from the two year contract. Attorney Tocles advised the Legal D~p~nt:ment wouldasstIre a provision for 30 day notice for cancellation would be included. VI.C.1.Proposed Resolution No. R07-(J~1 RE:' Approving and authorizing execution of a two-year service and,~pport ,,~~~ment with TelVue Virtual Television Networks (TVl"~) to rem~tely orga.nize, update and maintain the City's public access television statiomat no cost to the City. (Tabled to March 5, 2007) Commissioner McQra,y asked Mr. Bressner if his concerns that required the tabling had been resolved. Mr. Bressnerreplied his ~oncern was that an option to not participate in the program :: " ....' , ,'.: '. ' ;.,:, ,~' ' because of advertisjngrev~nues not be'imgrealized would be included and it had been remedied. VI.D. Appro~~the pUrC~~~e of updated computer and software to interface with existing CrossMatch~~~OO Fingerprint scanner to allow for creation of digital fingerPrints to submit> electronically to the Florida Department of Law Enforcement. Commissioner McCray voiseq his concern that the City of Boynton Beach was not in compliance at this time. Chief MattIrnrnlel" assured the City was in compliance until January, 2008. The scanner would enable compliance with the new Florida Department of Law Enforcement regulations and process City applicants much faster and cheaper. VI.E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet Maintenance and allow for the sale of same. Commissioner McCray was glad to see the list included only one vehicle. 2 ,,,,,,",,.".,,,,..,,,,,,,~~,~....-..,,,,_....~ 'I'I':r~r " ....~_~~.~;.!<;""-,....,,"',,"*.,""- Minutes Agenda Preview Conference Boynton Beach, FL March 2, 2007 VI.F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow for the sale of same. Commissioner McCray needed clarification on the life expectancy of the equipment listed. Scott Wahlin, Golf Maintenance Manager, advised tractors could be 20 years, a greens mower 5 years, trucksters 5 years. The information on the missing asset tag would be provided. VI.H. Accept the City of Boynton Beach FY200S-2006 Annual Grants Report. Debbie Majors, Grants Coordinator, noted the $55,965 Edward Byr\le Memorial JAG Grant had been omitted. A cash match was not required. The correction would'9t:lRpge;t:l'letotal amount applied for to $6,163,748 and the awarded amount to $2,743,577. ' Mr. Bressner commended the grants team that had been natipnally' reqpgnized for its grants approach. T ! VI.J. Authorize Vice Mayor Jose Rodriguez to ,parti~ipate and serv~as the City Commission's representative on the Youth Violen~~,prevention Project Steering Committee. ,i' Commissioner McCray applauded Vice MayorRoqHi9de~;fdh;agreeingtql~qcept the responsibility as a new member of the Commission so his p~rtticipation ,wquleJ,pelong term!) ~. c " , ..- : r:i j ! l .'. " '-.," , :;;:.:; XI.A. Landfill Study Update ; ',. -., ".,','.: :. .--.;:" Joe MacGarrety, Florida Depa~rrient of En~itonmen1Ali'protection representative, gave an overview of "the site sP~cm~F:activity of th~mRrIdagrant program and other background information. Targ~ted brown!'fi~ld assessment assi$tance had been applied for to investigate possible redevelopmellt plans toiInclude an environmental assessment and a feasibility study. The project budget was$lQO,OOO to assist the City with the environmental assessment. The work would be done in accordanse with theFlo/rida Brown field Cleanup criteria. A tentative schedule targeted implementationjn;;~pril or May with a report prepared in June or July. A contact at the City to coordinCite the w()r~. would be" needed along with clarification of the portions to be subdivided an8!changed, plus tn~l?pundaries of the study. Mr. MacGarrety stressed the funds are seed money to provide assistan~~wit:pin their limited budget. Mayor Taylor U\lder~tood the~;rh,yironmental study would be done to investigate the pOSSible use of the land prior toithe<~Ol2:i~paptive reuse date. Mr. MacGarrety did not think the study would provide a recommendationvvhether or not you could reuse the landfill property for the proposed golf course expansion. The study would reveal environmental conditions that would need to be addressed as part of a future use if the closure requirements and Department of Environmental Protection (DEP) criteria were followed. It would be very feasible to move the golf course to the landfill. Using the golf course area for residential use would involve more protected cleanup. Mr. MacGarrety cautioned there would be extensive work involved to move a portion of the golf course onto the landfill. Mayor Taylor wanted assurance if the cost exceeded the $100,000 it would be brought back before the Commission. Mr. Bressner agreed. Mr. MacGarrety indicated the feasibility study would only 3 Minutes Agenda Preview Conference Boynton Beach, FL March 2, 2007 be undertaken if there were monies available and there would be environmental conditions that should be addressed. The feasibility study would provide cleanup options and estimated costs associated with those options. There are many risk-based cleanup options including removal of contaminated soil, engineering controls, institutional controls, land use controls or deed restrictions. Vice Mayor Rodriguez left the meeting at 9:34 a.m. for other commitments. X.B. Water, Sewer and Stormwater Rate Study Report (March 20, 2007) Mr. Bressner reported the report should be moved to April, 2007;,to acc@mmodate further staff review. There being no further mattes to come before the Comrnission, Mayor Tayldr properly adjourned the meeting at 9:37 a.m. CITY Of; BOYNTON BEACH Mayor - Jerry Taylor Vice Mayor-')ose Rodriguez ATIEST: Commissioner - Ron Weiland Janet M. Prainito City Clerk Commissioner - Mack McCray Commissioner - Carl McKoy Judith A. Pyle Deputy City Clerk (030307) 4 VII-CONSENT AGENDA ITEM AI2 MINUTES OF THE CITY COMMISSION MEETING HELD IN I MI: COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, MARCH 5, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Greg Fitch, Police Chaplain, gave the invocation and Vice Mayor Jose Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McKoy advised he had spoken with the Legal Department regarding an honest service statute and suggested it be added under XII. Legal, E. Other, 1. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland recalled a suggestion for naming the proposed Boundless Park in memory of former Vice Mayor Bob Ensler and wanted to move forward. Mayor Taylor advised a process for naming any City facility had been created and the prescribed process would need to be followed. However, the naming of the Park could be contingent on private funding. Mayor Taylor did favor having Vice Mayor Ensler remembered in some way at the Park. Commissioner McCray was also in favor of having some portion of the Park named in Vice Mayor Ensler's memory. Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 Commissioner McKoy supported the proposition also. Vice Mayor Rodriguez concurred with the suggestions. He also commented on the Heritage Celebration that it was well organized and an excellent event. He congratulated staff on the achievement and thanked everyone for their efforts. Commissioner McCray gave kudos to all those who worked on the Heritage Celebration; but, asked that next year's event remain within the authorized budget. Commissioner McKoy thanked staff and all the volunteers who helped to make the Heritage Celebration a very successful event. The events were attended by a cross section of residents from throughout the City and by far the best Heritage Festival so far. Mayor Taylor commended the Police Department and the specific officers involved in shutting down the two massage parlors involved with prostitution. He appreciated their proactive approach. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Community Caring Center of Boynton Beach Week - March 18-24, 2007 Mayor Taylor read the Proclamation and presented it to Sherry Johnson, Executive Director of the Boynton Beach Community Caring Center, designating March 18 - 24, 2007, as Community Caring Center Week. He announced in November, 2007 the Boynton Beach Community Center would be celebrating its 20th year of service to the community. 2. Presentation by Sherry Johnson, Executive Director of the Community Caring Center, entitled "Creating a Healthier Community" Initiative. Ms. Johnson pointed out a Hunger Walk would be held on March 18, 2007 to raise funds for the Caring Center. She reviewed the possible economic impact on the community when people do not eat right and have limited access to an opportunity structure to access affordable and nutritious food. Social services and economic development are meshed tightly together. The Community Caring Center focuses on the 1800 families within the Heart of Boynton area providing bus passes, nutritional assistance, financial aid, training and, most of all, hope. A 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 multi-level approach is needed including public and private support. Ms. Johnson asked for support in establishing a not-for-profit grocery store to create awareness, educate the public, involve the faith community and create a business incubator for entrepreneurs in the food industry. The Community Caring Center has established a steering committee to help establish funding for new grocery incubators in minority communities. Either grant dollars, land or in-kind contributions will be needed from the City of Boynton Beach as an entitlement City. Ms. Johnson requested support for a healthier community initiative so all can prosper and have incentives to make life changes. Commissioner McCray supported any program that would assist citizens off of Section 8 aid and urged the Commission to include the item on the State agenda for Palm Beach County Days in Tallahassee. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, a resident of Quail Run, thanked the Commission for their support of memorializing Vice Mayor Ensler's name within the Boundless Park project. Mr. Suss also thanked Mayor Taylor, the City Manager, City Clerk and Commissioner McKoy for their personal support during a difficult period in his life. Myra Jones, 311 NW 4th Avenue, accompanied by Regenia Scott, Neighborhood Services Manager, thanked the City, CRA and all the staff for the Heritage Celebration. She read a letter on behalf of the Heart of Boynton Communities, thanking the City Manager for his extra efforts and continued commitment to the City during the Heritage Celebration. Ms. Jones distributed copies of the F/orida Heritage Trai/ books to each of the Commission members. She also thanked Commissioner McKoy for his encouragement to establish a Black film festival on a quarterly schedule. Mayor Taylor closed the public audience since no one else came forward. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Expiration Date III Rodriguez IV McKoy II McCray I Weiland II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 Tabled (3) 3 yr term to 4/08 Cemetery Board Alt Community Relations Board Community Relations Board Alt Reg 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) I Weiland Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) II McCray Education and Youth Advisory Board Reg 2 yr term to 4/07 Mayor Taylor Library Board Alt 1 yr term to 4/07 Tabled (2) IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2) Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/07 Tabled (2) Weiland Veterans Advisory Commission Reg 3 yr term to 4/07 Vice Mayor Rodriguez, Commissioners Weiland, McCray and McKoy requested to table all their appointments. Mayor Taylor appointed Susan Collins to the Senior Advisory Board. Motion Commissioner McCray moved to approve the appointment of Susan Collins. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to table all other appointments. Commissioner McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. CommissionjCRA Workshop -- Affordable Housing - January 30, 2007 2. Agenda Preview Conference -- February 9, 2007 3. Regular City Commission -- February 13, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve the emergency repair work performed by Chaz Equipment Engineering Contractor of Wellington, FL in the amount of $23,108.75 to repair and rehabilitate a wet well at Lift Station #516 which was sinking; 4 .,.;,=...~~~,,,,-;;._,,.,...,',,*,,,,,,,,~,...,,,,~:,,,~.....-.,. Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 and Uretek ICR LLC of Lakeland, FL in the amount of $18,385.50 for soil stabilization work at the site, for a total of $41,494.25. 2. Approve the negotiation of a contract with APPLIED TECHNOLOGIES & MANAGEMENT, Inc. of West Palm Beach, FL., RFQ# 021-121O-07/0D "FACT FINDING AND EVALUATION STUDY OF THE SOUTH LAKE WORTH (BOYNTON) INLET. 3. Approve a multi-award by manufacturer with primary, secondary, third and some fourth place vendors, BID #026-1412-07/0D - "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSORIES" to the lowest, most responsive and responsible bidder. The estimated expenditure will be $95,000. 4. Award the "ANNUAL SUPPLY OF POL YPHOSPHATE 1YPE CORROSION INHIBITORS", Bid #019-2821-07/JA, to Shannon Chemicals of Malvern, Pennsylvania for an estimated annual expenditure of $45,000. 5. Award a "TWO-YEAR AGREEMENT FOR SUPPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION", Bid #027-2821- 07/JA to LINE-TEC, INC. of Boynton Beach, FL for an estimated annual expenditure of $350,000. C. Resolutions 1. Proposed Resolution No. R07-021 RE: Approving and authorizing execution of a two-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the City's public access television station at no cost to the City. (Tabled to March 5, 2007) Commission McCray pulled Item VLC.1. for discussion. 2. Proposed Resolution No. R07-030 RE: Approving and supporting the Community Redevelopment Agency's application to the Waterfronts Florida Partnership for the Boynton Beach marina to be designated as a "Waterfronts Florida" Community. 3. Proposed Resolution No. R07-031 RE: Approving and authorizing execution of an Agreement for Water Service Outside of the City Limits with Turtle Cove LLC for a 3.04 acre parcel of land located in the utilities service area, approximately 1,000 feet west of Military Trail along Hypoluxo Road. D. Approve the purchase of updated computer and software to interface with existing CrossMatch ID500 Fingerprint scanner to allow for creation of digital fingerprints to submit electronically to the Florida Department of Law Enforcement. 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 E. Approve the "Surplus Vehicle List" as submitted by Pubic Works/Fleet Maintenance and allow for the sale of same. F. Approve the "Surplus Equipment List" as submitted by the Golf Course and allow for the sale of same. G. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 1", a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). H. Accept the City of Boynton Beach FY2005-2006 Annual Grants Report. I. Assign City's interest in the Marina Village 2nd Amended Mediation Agreement to the CRA. J. Authorize Vice Mayor Jose Rodriguez to participate and serve as the City Commission's representative on the Youth Violence Prevention Project Steering Committee. K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner Weiland's Community Investment Funds. Commissioner McCray pulled Item VI.K. for discussion. Motion Commissioner McKoy moved to approve the consent agenda items with the exception of Items VI.c.1. and VI.K. Commissioner McCray seconded the motion. The motion passed unanimously. VI. c.1. Proposed Resolution No. R07-021 RE: Approving and authorizing execution of a two-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the City's public access television station at no cost to the City. (Tabled to March 5, 2007) Motion Commissioner McCray moved to remove Item VI.c.1. from the table for the City Manager's comments, if any. Mr. Bressner had no comments. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to approve Item VI.c.1. Commissioner McKoy seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 VI. K. Authorize the use of $1,500 for Boynton Beach Symphony Orchestra, $3,000 for Community Caring Center and $1,000 for Dancer's Alchemy from Commissioner Weiland's Community Investment Funds. Commissioner McCray reported the necessary criteria had been met by the Dancer's Alchemy. Motion Commissioner McCray moved that Item VI.K. be approved. Commissioner McKoy seconded the motion for discussion. Commissioner McKoy acknowledged he supported the funding for all the organizations working with the youth, arts and needy. His concern related to compliance with the State regulations and the uniform scrutiny of the requirements for all organizations to receive solicitation funds. Attorney Cherof advised the use of the Community Investment Funds constitutes grants of funds by the City. They would be exempt from registering with the Department of Agriculture to solicit funds. The requests for funds from the Commission would not constitute solicitation. Vote The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these publiC hearings in its dual capacity as Local Planning Agency and City Commission. A. Public Hearing to approve the Proportionate Fair-Share Mitigation Program (CDRV 07-001) - (1st Reading of Proposed Ordinance No. 07-006) Re: Amending Chapter 1.5, Article VI. Concurrency Requirements of Land Development Regulations, to comply with new growth management legislation directing local governments to adopt a methodology for assessing proportionate fair-share contributions from developers to meet traffic concurrency requirements for local roads. Attorney Cherof read Proposed Ordinance No. 07-006 by title only. Hanna Matras, Economic Planner, explained the request was mandated by the State based on 2005 legislation that all levels of government have this particular ordinance. The ordinance establishes the methodology for calculating contributions from developers towards facilities that are impacted by projects in case traffic concurrency conditions are not met. At this point there 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 would be no impact on the City because there are no projects for local roads in the five-year capital improvements. Staff recommended approval of the program. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Item VIlLA. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. IX. CITY MANAGER'S REPORT: A. Feasibility of Saturday hours for the Building Division Nancy Byrne, Assistant Development Director, reported the results of the survey sent to the water service utility base to ascertain the need for Saturday business hours to pull owner- builder permits. Only 3.8% of the survey base had responded resulting in approximately 600 owners would take advantage of Saturday hours. Staffs opinion was there was not a high enough demand for Saturday business hours to be economically feasible. The survey did reveal a spike in owner-builder permits occurs when insurance checks are distributed following a disaster and not immediately after an emergency event. A proposed alternative would be a plan to increase hours as part of disaster relief only, based on need, as an administrative policy. Various thresholds were discussed that would necessitate initiation of Saturday hours. Mr. Bressner advised the funding would be included in the budget process also to compensate for overtime pay. Mayor Taylor declared there was consensus that operations remain as is and review the alternatives if a particular event occurred. XI. NEW BUSINESS: A. Landfill Study Update Mayor Taylor indicated a presentation had been made at the preagenda conference. Mr. Bressner reported the City would proceed with the environmental study and if approved by the Commission the feasibility phase would be pursued. B. Status report on City/CRA/Developer Negotiations for MLK Corridor Attorney Cherof reported two issues represent the substantive issues that needed to be determined being density and land acquisition that require Commission input. The dwelling units per acre would be a policy decision for the Commission 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 Mayor Taylor contended, although the community would like to see 20 dwelling units per acre, the reality was it would be cost prohibitive for a developer. The Treasure Coast Regional Planning study suggested a mix of density from 10 dwelling units per acre to 40 dwelling units per acre. Mayor Taylor wanted funding figures for the City of Boynton Beach and the Community Redevelopment Agency for 20 and up to 35 or 40 dwelling units per acre and the incentives a developer would require. Attorney Cherof advised the funding requirements were discussed and the developer would not provide that information for anything less than 40 dwelling units per acre. Mayor Taylor understood their concept was to build an entire community, not just units per acre. Commissioners McKoy and McCray concurred with Mayor Taylor's request for more information. Mr. Bressner reiterated the developer had been specifically asked for the information and refused to do so. Mayor Taylor felt an explanation for the refusal should be heard. Commissioner McKoy expressed concern why the information would not be provided and why the Commission was not seeking another developer who would provide the information. Mr. Bressner added further data needed for determining the fee impact and infrastructure impact had been submitted. Vice Mayor Rodriguez suggested definitive deadlines for providing the information should be set to move the project along. Commissioner McCray felt all the data should be collected before a decision could be made on both the 20 and 40 dwelling units per acre. The overall density for the 26 acres would be averaged over three phases. Phase I would be 6.27 acres, Phase II would have 14.7 acres and Phase III with 5.3 acres for a total number of units of 1,052, averaging 40 dwelling units per acre over the entire project. Commissioner Weiland understood the developer wanted 40 dwelling units per acre and they would provide the funding needs for that proposal. Mr. Bressner pointed out the RFP response was for 35 dwelling units per acre. It was clear that staff recommended the 20 dwelling units per acre. Mayor Taylor suggested the developers be permitted to bring their proposal to the Commission in whatever form they feel is appropriate and the Commission can vote on the proposal. He stressed the goal was to build the best upscale housing possible and maintain affordability. Vice Mayor Rodriguez reiterated a definitive time line should be set and Mayor Taylor agreed. Attorney Cherof noted the developer originally proposed a three phase development to be built out by 2012 and the delay would push that date even further out. It had been requested that the land acquisition be completed by July, 2007 so the project could move forward. At some point a decision would need to be made when enough time and energy had been spent attempting to get the project moving to no avail. A deadline of December 31, 2007 had been submitted for the land acquisition for Phase 1. Vice Mayor Rodriguez offered a compromise to September 30, 2007 as a deadline. Commissioner McCray commented Phase I could be completed and Phase II and Phase III would never be built with this particular developer. He contended the Commission should 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 closely monitor the developer to assure the project moves forward at the direction of the Commission. Vice Mayor Rodriguez cautioned if the landowners in any Phase do not want to sell, the project would ultimately end. Commissioner McKoy noted citizens of the area had come forward and indicated they would not sell their properties. Herb Suss, Quail Run resident, indicated if the partnership agreement had not been signed the efforts were for nothing. Attorney Cherof did not feel it was appropriate to allow public comment to intervene in the negotiations or question the accountability of the parties. Mr. Suss further inquired if the developer had submitted financial statements. He felt at 40 dwelling units per acre a ghetto was being built within the project and a strain on the infrastructure. Mr. Suss suggested a new developer be investigated before a new Commission is elected and faced with a difficult decision. Myra Jones, 311 NW 4th Avenue, spoke on behalf of the residents and asked the Commission to not allow the creation of slums by building stacked units. The residents wanted a place for children to pay other than in the streets. Mayor Taylor explained the goal was to bring affordable housing to the area; however, increased density was the only vehicle to achieve the goal. Single-family homes would not be affordable. Commissioner Weiland explained the concept of a blended density scenario for all three phases. The project would consist of various housing elements to achieve maximum use and the developer's profit margin. Commercial use would also be included. Mr. Bressner recapped the discussion that the data would continue to be analyzed, the deadline for land acquisition in Phase I would be September 30, 2007, and the figures submitted by the developer for 40 dwelling units per acre would be sufficient. Commissioner McCray noted he had requested the data be submitted for funding based 20 dwelling units per acre also. Commissioner McKoy would be interested in the data also. Mayor Taylor declared the consensus was the data based on 40 dwelling units per acre would be sufficient. Vice Mayor Rodriguez understood the CRA Executive Director should receive direction from the Commission on matters relating to the MLK Corridor Project. Attorney Cherof advised the Commission did not have the authority to direct the Director of the CRA in any matters. Mayor Taylor explained the Community Redevelopment Agency is a separate entity. Mr. Bressner added he did not respond to CRA board member questions for the same reason. Robert Reardon, Assistant Director of the CRA, advised the CRA was not negotiating for any property in the MLK corridor. Other properties were being investigated, but not within the corridor project. Attorney Cherof reviewed the consensus was the developer would not submit the cost for developing 20 dwelling units per acre and the Commission would not ask for the information. 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 The agreement would be negotiated at 40 units per acre and the costs would be submitted to the Commission. The Commission could sign the agreement and if not, the project would be over. C. Discussion of Local Lobbyist Registration Ordinance Commissioner McCray had brought the matter forward to ensure the City of Boynton Beach was comparable to the Palm Beach County standards. Attorney Cherof noted the County standards required registrations, modeled after the State statute including disclosure, prohibitions and penalties. Vice Mayor Rodriguez discussed the application of the definition of lobbyist and the parameters for a program to be effective and maintained. The comparative cost of such a program could be obtained from Palm Beach County. Commissioner McCray felt the Commission should be aware of the monetary influences involved with any opinion offered to the Commission. The benefit of an opinion may be for individual gain and not in the best interest of the City of Boynton Beach. He stressed the fiduciary responsibility lies with the Commission. Commissioner McKoy suggested in view of the recent indictments on the State and Federal levels more information should be obtained before a decision on registration of lobbyists is made. The basis of all decisions should be the best interest of the City of Boynton Beach and definitely not personal gain. Although Vice Mayor Rodriguez totally agreed with Commissioner McKoy's remarks, he felt the Commission had the responsibility to perceive any interests and to scrutinize any opinions offered. The cost to administer the program would not be feasible. He would not support an ordinance. Mayor Taylor advised his decisions are based on the best interest of the City of Boynton Beach and not on any payments received by any individual or organization. Commissioner Weiland was also against the ordinance. Mayor Taylor declared the consensus was not to proceed with an ordinance. D. Amendment to City Code to Require Extra-Ordinary Vote for Dissolution of CRA Commissioner McCray suggested a policy be in place for the Commission to dissolve the Community Redevelopment Agency with a four to one vote. Mayor Taylor noted no motion was offered to proceed with an amendment. X. FUTURE AGENDA ITEMS: A. Presentation by BB High School Principal (March 20, 2007) 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 B. Strategy Report Regarding latest Report on Crime Increases in Boynton Beach. (March 20, 2007) C. Water, Sewer and Stormwater Rate Study Report (April, 2007) D. Update of Recreation and Parks Strategic Plan (April, 2007) E. Revision of Fire Codes (April 17, 2007) F. Ordinance to allow a new Commissioner, appointed or elected, to remove any board members that were appointed by his/her predecessor, within 30 days. Vice Mayor Rodriguez explained the ordinance was suggested so a newly elected Commissioner would have the prerogative to re-name citizens to advisory board positions that support their philosophies and vision for the City of Boynton Beach. Any appointments by the preceding Commissioner could be reviewed within thirty days. Commissioner McKoy emphasized the appointments are the responsibility of the entire Commission and require approval of the Commission. It would not be fair to the individuals serving on the boards. Vice Mayor Rodriguez noted only new appointments would be involved and all appointees would be made aware of the terms of their appointment at the time of their appointment. Attorney Cherof advised the Code Compliance Board, Community Redevelopment Agency board and the Building Board of Adjustment and Appeals are State regulated and could not be included. Commissioner McCray noted filling the boards has been difficult and requested change could further limit the number of individuals willing serve on the boards. Commissioner Weiland agreed with Commission McCray's assessment on the issue. Mayor Taylor reviewed the current process for appointments and stressed the rotation being utilized would not be possible. All appointments would still require approval by the Commission. Lee Wische, 1302 SW 18th Street, strongly disagreed with the proposition and expressed his opinion the proposal was self-serving and based on personalities, not qualifications. He contended there would be no applicants for the advisory board positions. Herb Suss, Quail Run, offered his opinion that advisory boards advise the Commission, they are not "yes" people. The applicants are volunteers who constructively advise the Commission. They are not decision makers. He agreed the vacancies would greatly increase. Vice Mayor Rodriguez stressed personalities are not the issue. His intent was to be successful in moving the City of Boynton Beach forward. 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 Mayor Taylor agreed the appointments should be filled with individuals who want to improve the City of Boynton Beach. He did not want the system to change at this time. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. (Tabled to March 5, 2007)(Request to table to April3, 2007) Motion Commissioner McCray moved to remove Proposed Ordinance No. 07-002 from the table and re- table to April 3, 2007. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to table Proposed Ordinance No. 07-002 to April 3, 2007. Commissioner Weiland seconded the motion. The motion passed unanimously. 2. Proposed Ordinance No. 07-005 RE: Amending the Land Development Regulations, Chapters 5, 6 & 7 to clarify that all public and private development projects are subject to surety requirements. Attorney Cherof read Proposed Ordinance No. 07-005 by title only. Mayor Taylor opened the issue for publiC hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-005. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 13 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 C. Ordinances - 1st Reading None D. Resolutions: None E. Other: 1. Honest Services Statute (Previous/yadded to the agenda) Commissioner McKoy explained the Florida League of Cities overwhelmingly supported an honest services statute. He requested Attorney Cherof provide an overview of the statute. Attorney Cherof indicated the origin was the concept that people who sit in a position of power, either elected or appointed with the power to act on behalf of the public and public trust, have the duty to do so in an honest manner. It is commonly referred to as the honest services against fraud concept. Attorney Cherof said, "The term honest services includes the right to conscientious, loyal, faithful, disinterested and unbiased service to be performed on behalf of the public - I'm adding that part - free of deceit, undue influence, conflict of interest, self- enrichment, self-dealing, concealment, bribery, fraud or corruption." The statute criminalizes the obligation to act on behalf of the public in an honest and straight-forward and transparent manner. Failure to perform in such a manner would result in Federal criminal charges. The Circuit Court has held a violation of State statute is not required for conviction under the Federal statute. Commissioner McKoy felt it was important the Commission understood the statute. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:31 p.m. 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2007 CITY OF BOYNTON BEACH: Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez ATTEST: Commissioner - Ron Weiland Commissioner - Mack McCray Janet M. Prainito City Clerk Commissioner - Carl McKoy Judith A. Pyle Deputy City Clerk (030707) 15 ~"fY Ok IF\ , I " \11t ,j"r" 0\ ,/ ;; J.- ~'" "<~ \'" .iV~ .....-'''-d''V' rO v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR~ VI.-CONSENT AGENDA ITEM C.l. Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office January 2, 2007 December 18, 2006 (Noon) D D March 5, 2007 (gJ D February 12,2007 (Noon) D December 5, 2006 D D D November 20,2006 (Noon.) January 16,2007 January 2, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) February 13,2007 January 22, 2007 April 3, 2007 March 19,2007 (Noon) a <J -..,J C) ==i ~ ==i-< D City Manager's Report f""r1 -(0 D CO (J'" New Business T\,) ::;; OJ D -..,J .~l ~ Legal ,...,"'" ""' D Unfinished Business ::;,? ~~ - 00 Public Hearing D ~ -.,:;c: "'0) - -,." RECOMMENDA TION: Authorization to enter into a Grants Network Master License and Service Agreement ~th efi~, ~.. : EXPLANATION: The City of Boynton Beach has worked with eCivis, Inc. since 2001, to test software for local government grant research and management. Grants Network, is the result of 18 months of beta testing by the City of Boynton Beach, Peoria and Chicago, Illinois. The City's Grants Team has been effectively using eCivis' grants management products to research and track grant opportunities and awards for the past six years. We have averaged $5.4M in grant requests annually with 75% of our applications awarded. Grants Network is an upgraded version of the software departments currently use to manage grant funded projects. NATURE OF AGE~DA ITEM D D (gJ D D Administrative Announcements/Presentations Consent Agenda Code Compliance & Legal Settlements PROGRAM IMPACT: Grants Network allows the City the best of both worlds, the ability to maintain decentralized grant operations while enjoying the many benefits of centralized records management. The software is Internet-based, easy for staff to use and captures critical elements in the grants process to increase the knowledgebase citywide. It also provides Finance Department access to required documents at audit time. The software includes automated reporting, with City Match vs. Grant Award and Target Grant Amount vs. Actual Grant Dollars Awarded, to ensure we are effective in our grant pursuits. To date, City staff are managing 41 projects with $8,195,031 in Grants Network, with information on each project accessible by departments citywide. FISCAL IMP ACT: Since the City is a long-term client of eCivis and has participated in eCivis beta testing, we are receiving substantial discounts on this software upgrade. Grants Network: Research component fee is $10,697, a 44% discount ($8,303) off the normal rate, and Tracking & Reporting fee is $15,500,60% ($22,500) off the normal rate. Since we are mid-year, the annual rates are pro-rated. Our pro-rated total is $13,173. This amount has been budgeted in the Grants Team account #001- 2731-572.34-34 for FY2006/07. Our discounts will continue with the renewal of our annual subscription next fiscal year. With an average of$5.4M return on our $26,197 annual investment, Grants Network is an effective solution for grants management. t seeking and management processes. City Manager Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC / Finance 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING THE GRANTS NETWORK 8 MASTER LICENSE AND SERVICE AGREEMENT 9 BETWEEN THE CITY OF BOYNTON BEACH AND 10 ECIVIS, INC; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, the City of Boynton Beach has been working with eCivis, Inc., to 15 test software for local government grant research and management. The City's Grants 16 Team has been effectively using eCivis' grants management products to research and 17 track grant opportunities and awards for the past six years; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens 20 of the City of Boynton Beach to approve the Grants Network Master License Agreement 21 between the City of Boynton Beach and eCivis, Inc; and 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does 26 27 hereby approve the Grants Network Master License Agreement between the City of 28 Boynton Beach and eCivis, Inc., and authorize the City manager to execute same, a copy 29 of said Agreement is attached hereto as Exhibit "A". 2 Section 3. That this Resolution shall become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this _ day of March, 2007. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 Janet Prainito, City Clerk 27 28 29 (Corporate Seal) 30 31 32 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy !'II ~ eClvls GRANTS NETWORK MASTER LICENSE AND SERVICE AGREEMENT Date 2/07107 Contract No. - GN 50258-1 This Agreement is made by and between: eCivis, Inc., a Delaware corporation and City of Boynton Beach, Florida ("Customer") ("eCivis") 3452 East Foothill Blvd, Floor 9 Pasadena, City of Boynton Beach CA 91107 (877) 232-4847 Sales Contact: Karl T. Rectanus Principal Contact and Master Access Holder: Debbie Majors, Grants Coordinator This Agreement, and the Exhibits attached hereto, set forth the business relationship between the parties and the tenns and conditions under which the following software is licensed and services are provided to Olstomer. Grants Network Leve I of Effective Termination Included ModulelServices De~,c rI ptlon Service Date Date INCLUDED GN: Research 4.x Federal, Florida, & Unlimited 2/1512007 10/3112008 Foundation INCLUDED GN: Tracking & Reporting 1.x Organization Wide Peak Grants 2/15/2007 1 0/3112008 Level 50 NOT INCLUDED GN: Community Based Organization N/A N/A CBO) NOT INCLUDED Any Future GN: Modules N/A N/A Levc I of Effective Included eClvis Services Description Service Date End Date INCLUDED Implementation Data Collection, Data Up to 25 Grants 12/1/2006 2/1/2007 Import, & Initial Training NOT INCLUDED Additional Software Training N/A N/A NOT INCLUDED Professional Development Training NfA N/A NOT INCLUDED Additional Services NfA N/A . 151 Paymentfor tenn 2/15/2007 through 10/31/2007: $13,173 due 2/15/2007 (net 15) includes discounts and credits (Exhibit B). . 2nd Payment for tenn 11/112007 through 10/31/2008: $26,197 due 10/31/2007 (net 15) includes discounts (Exhibit B) Renewal Terms This Agreement will continue in effect until the Termination Date listed above, unless earlier tenninated in accordance with the terms of this Agreement. After expiration of the original tenn, this Agreement &JaIl be automatically renewed for wccessive one year tenns unless either party provides written notice to the other party within thirty (30) days prior to the end of the then QlITent tenn indicating the party's intent to tenninate this Agreement effective at the end of then ClUTent tenn. Notifications must be sent to the parties at the addresses listed above, The fees for each renewal tenn &JaIl be caIQJlated as a five percent (5%) increase over the fees for the expiring tenn. Fees will be invoiced and payment &JaIl be due within 15 days of the beginning of any renewaI tenn. By the signatures of their representatives, both parties agree to the terms of the entire Agreement, including all of the incorporated and referenced exhibits, schedules, attachments, and provisions. Accepted By: Customer Accepted By: eCivis, Inc. Authorized Signature Name (type or print) Title Authorized Signature Karl T. Rectanus Name (type or print) Vice President Title Date Date ~ eClvls Terms & Conditions 1. General. (a) "Customer" shall mean the end-user customer organization or entity executing this Agreement. (b) "Access Holder" shall mean each individual who is an employee of Customer at the time such individual accesses and/or uses Grants Network. If Customer is licensing the Grants Network: Community Based Organization Module (also referred to as the "CBO" Module) pursuant to this Agreement, then "Access Holder" shall also mean each individual who is an employee of an approved non-profit organization pursuant to the CBO Module, (c) "Grants Network" shall mean the Modules as listed in Exhibit A attached hereto. (d) "Licensed Modules" shall mean the Modules that are licensed by Customer herein pursuant to the Fee Schedule set forth in Exhibit B attached hereto. Customer acknowledges and agrees that eCivis is not obligated, but reserves the right, to make daily, weekly, monthly, or yearly updates to the Modules, (e) "Stated Version" shall mean the version of a Module notated herein by the first number after the Module name (e,g., "Grants Network: Research ~.l", "GN: Tracking & Reporting 12", etc,). (t) "Version Release" shall mean the most current software available within a given Stated Version of a Module, notated herein by the number that follows the Stated Version number and decimal point (e.g., "Grants Network: Research 41", "GN: Tracking & Reporting l.r, etc.). 2, Grant of License. (a) In consideration of Customer's agreement to abide by the terms and conditions of this Agreement, eCivis hereby grants Customer a nonexclusive, nontransferable, right and license to: (i) permit each Access Holder to access and use the Licensed Modules; and (ii) reproduce, display, distribute, printout, and store information retrieved from the Licensed Modules, whether in electronic or written form, only for internal use within the Customer organization or entity in connection with Customer's normal business activities. (b) Provided, however, that except as specifically provided in Section 2(a) or elsewhere in this Agreement, neither Customer nor any Access Holder shall use, reproduce, distribute, store, modify, reuse, rent, sell, lease, sublicense, transfer, or broadcast, in any form, information from Grants Network (each an "Unauthorized Use"). Customer agrees to take all reasonable steps to protect the information in Grants Network from any such Unauthorized Use, eCivis reserves all rights not expressly granted to Customer. (c) If Customer participates in any Unauthorized Use of the information from Grants Network or allows access to or use of Grants Network by individuals who are not Access Holders as defined in Section l(b) above, eCivis may immediately terminate this Agreement without refunding Customer any fees and without releasing Customer from any obligations to pay fees pursuant to this Agreement and/or any other agreement with eCivis, in addition to other remedies eCivis may obtain, (d) Customer also acknowledges and agrees that immediate and irreparable damage will result to eCivis if Customer fails or refuses to comply with this Section 2 and, notwithstanding any election by eCivis to claim damages from Customer as a result of such failure or refusal, eCivis may, in addition to any other remedies and damages available, seek an injunction in a court of competent jurisdiction to restrain any such failure or refusal by Customer to perform or comply with its obligations hereunder, 3. Passwords. Customer agrees to assume sole responsibility for the security of any password(s) issued to each Access Holder. If Customer believes that someone other than an authorized Access Holder is using any password, Customer must immediately notify eCivis in writing. 4. Updates, a. Customer acknowledges and agrees that eCivis is not obligated to, but reserves the right to, provide Customer with any Version Releases for the Licensed Modules. Any Version Releases furnished to Customer shall be considered part of the Licensed Modules and shall be licensed to Customer subject to the terms and conditions of this Agreement. b. Additionally, Customer acknowledges and agrees that only the Stated Versions of the respective Licensed Modules, as recited in Exhibit B attached hereto are licensed herein, eCivis is not obligated, but reserves the right, to create new modules, additional releases, or new services (collectively "New Modules") not specifically outlined herein. Customer has not licensed any such New Modules, however, Customer may license such New Modules pursuant to a written agreement executed by the parties. 5, Grants Network Access. (a) eCivis shall use commercially reasonable efforts to provide Grants Network with an available up time of 99.0% or greater, twenty-four (24) hours a day, seven (7) days a week (excepting reasonable and limited downtime due to routine maintenance), In the event that Grants Network is disabled for any reason for longer than sixty (60) minutes during normal business hours (5 a.m, to 7 p,m. PST), eCivis shall notify Customer of the existence of such problem and use all commercially reasonable efforts to restore Grants Network as soon as reasonably practicable. (b) eCivis shall use commercially reasonable efforts to schedule downtimes for system maintenance during non-business hours (after 7 p,m, and before 5 a,m. PST) and notify Customer at least forty-eight (48) hours in advance of such scheduled downtimes. Customer, however, shall be responsible for preparing for scheduled downtimes by retrieving any necessary data, including without limitation Customer Data (as defined in Section 7 below), that may not be available during the downtime, A eClvls 6, Proprietary Protection. (a) As between Customer and eCivis, eCivis (or eCivis' third-party supplier if applicable) shall be the sole owner(s) of all right, title, and interest in and to any and all information in Grants Network that is provided to or accessed by Customer pursuant to this Agreement, including but not limited to any adaptations or copies thereof and any intellectual property rights embodied therein. The information in Grants Network is subject to protection under U.S. and foreign copyright and patent laws. Except as expressly provided for in this Agreement, nothing herein shall be construed as conferring any license or other rights, by implication, estoppel, or otherwise, under any copyrights, patents, or proprietary information of eCivis. (b) It is eCivis's practice to place copyright notices and/or other proprietary legends in report forms and data provided to Customers. Customer, including each Access Holder of Customer, shall provide for the reproduction of such notices and legends in the form and manner in which they appear. 7, Customer Data. (a) As between Customer and eCivis. Customer shall be the sole owner of all right, title, and interest in and to any and all information input by Customer into Grants Network ("Customer Data"), including but not limited to any adaptations or copies thereof and any intellectual property rights embodied therein. Except as expressly granted in this Agreement, nothing herein grants or shall be construed as conferring any license or other rights, by implication, estoppel, or otherwise, under any copyrights or proprietary information of Customer. (b) Customer shall be responsible for ensuring that the Customer Data is uncorrupted. eCivis shall not be responsible for Customer Data that was corrupted upon input into Grants Network. (c) Customer shall be responsible for determining whether Grants Network produces the desired results. Customer is responsible for adopting reasonable measures to limit its exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions of or in Grants Network, or the results thereof, including without limitation examination and confirmation of data prior to use thereof, and identification and correction of errors and omissions. (d) eCivis shall use commercially reasonable efforts to back-up and store Customer Data, however, Customer shall be responsible for maintaining its own locally accessible versions of Customer Data. (e) eCivis shall use commercially reasonable efforts to protect the security and privacy of Customer Data. eCivis shall have access to data, user settings. information, and metadata within Customer Data for the purposes of providing support, research, customer assistance, development, or other purposes as determined by eCivis. 8, Access to Customer Data. (a) During the term of this Agreement, Customer may request in writing copies of Customer Data from eCivis, eCivis shall provide Customer with such Customer Data in a format determined by eCivis and upon payment of a fee as determined by eCivis from time to time. (b) eCivis shall not have any obligation to maintain or provide access to Customer Data after termination of this Agreement. 9. Help Desk. eCivis shall maintain a help desk to provide technical assistance regarding access to and use of Grants Network. Such telephone assistance shall be available Monday through Friday days a week from 9 a.m, to 5 p.m. PST, subject to planned or uncontrolled interruptions, and excluding eCivis holidays. The help desk may also receive reports of technical difficulties associated with the eCivis Internet site. Such assistance and any training provided by eCivis are intended to relate to technical aspects of use of the eCivis Internet site and Grants Network. eCivis does not hold itself out as providing expert computer advice and does not give personalized grant advice. 10, Customer's Duty to Indemnify. Customer, to the extent provided by law, agrees to indemnify eCivis, from and against any loss, claim, demand, incurred as a result of Customer's use of Grants Network, II. eCivis Duty to Indemnify. If a third party claims that any use of Grants Network or the information provided therein (other than Customer Data) infringes any U.S, patent, copyright, or trade secret, eCivis will defend and hold harmless Customer and Customer's Access Holders against such claim at eCivis's expense, provided that Customer: (a) notifies eCivis in writing within fifteen (15) business days of being advised of the claim; and (b) allows eCivis to control, and cooperates with eCivis in, the defense of such claim and any related settlement negotiations. If such a claim is made or appears possible, eCivis may, in its sole discretion: (a) secure for Customer the right to continue to use Grants Network; (b) modify or replace the information in Grants Network with equivalent, non-infringing information; or (c) terminate this Agreement. THIS PARAGRAPH ST A TES eCIVIS'S ENTIRE OBLIGA nON WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. ~ eClvls 12. Limitations. eCivis shall employ due care and attention in obtaining and maintaining the information in Grants Network. Customer acknowledges, however, that any collection and compilation of data entails the potential for human and machine errors, omissions. delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, Customer acknowledges and agrees that THE INFORM A TION FROM OR THROUGH GRANTS NETWORK IS PROVIDED "AS-IS," "AS A V AILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT). eCIVIS'S SOLE AND ENTIRE LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, OTHER THAN STATED IN SECTION I I HEREOF, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). IN NO EVENT SHALL eCIVIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LITIGATION, OR THE LIKE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GRANTS NETWORK PROGRAM, THE DELAY OR INABILITY TO USE THIS eCIVIS SITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES THAT ARE OBTAINED OR ACCESSED FROM GRANTS NETWORK, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN eCIVIS AND CUSTOMER, eCIVIS WOULD NOT PROVIDE GRANTS NETWORK WITHOUT SUCH LIMITATIONS. SOME OF THE INFORMATION IN GRANTS NETWORK IS PROVIDED BY THIRD PARTIES, THEREFORE, eCIVIS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IS ERROR- FREE, PROBLEM-FREE, OR WITHOUT OTHER LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, AVAILABILITY. RELIABILITY. TIMELINESS. COMPLETENESS, SUITABILITY OR APPLICABILITY OF ANY OF THE INFORMATION PROVIDED IN GRANTS NETWORK. Customer further acknowledges and agrees that: (a) eCivis is not a grant-writing firm; (b) eCivis does not warrant or represent that use of Grants Network will result in any grant acquisition; and (c) Grants Network may not include all available federal and state grants or all potential data on the grants provided. Customer agrees to always read the full original grant notice provided. 13. Default. If Customer breaches or defaults with respect to any terms or provision of this Agreement or any other agreement with eCivis, and fails to cure the same within fifteen (15) days thereof, eCivis may. in its sole discretion, terminate this Agreement. eCivis reserves the right, to suspend access to and/or use of Grants Network in the event of any Unauthorized Use, or any Customer delinquency, breach, or default under this Agreement, and delete all Customer Data, personal information and settings associated with an Access Holder during such suspension, in which case such Customer Data, personal information and settings will be unrecoverable. 14, Force Maieure. eCivis shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of eCivis, including, but not limited to, equipment or telecommunications failure, labor dispute, accident, flood, other natural disaster, embargo, war, terrorism, order or interference by civil or military authorities, whether legal or defacto, or failure of any third party to perform any agreement with eCivis that adversely affects eCivis's ability to perform its obligations hereunder. IS. Assil!nment. This Agreement shall bind and inure to the benefit of eCivis and Customer, and their permitted successors and assigns. eCivis shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract or operation of law without Customer's consent. Customer shall not have the right to assign, by contract, operation of law or otherwise, this Agreement or any of the rights, interests, or obligations hereunder without the prior written consent of eCivis, A successor in interest by merger, operation of law or purchase of the assets or entire business of Customer or otherwise shall not acquire all or any portion of Customer's interests hereunder without the prior written consent of eCivis, 16, Entire Al!reement: Amendment. This Agreement constitutes the entire and exclusive agreement between eCivis and Customer with respect to the subject matter hereof and supersedes and cancels all previous agreements and understandings, whether in oral or in writing, with respect to such subject matter, and may not be amended, altered, or modified except by a written agreement executed by duly authorized representatives of the parties hereto. 17, Waiver. The failure of either eCivis or Customer at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same. No waiver by any party hereto of any condition, or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, representation, or warranty of this Agreement. 18. Governinl! Law. This Agreement shall be governed by and interpreted under the laws of the state of Florida, without reference to conflict of laws principles, Except as provided in Section 2( d) of this Agreement, each party hereto consents to the exclusive jurisdiction of either the State of Florida, or the United States District Court for purposes of any action brought under or as the result of a breach of this Agreement, and each party waives any objection thereto, The parties hereto each further consent and agree that the venue of any action under or as a result of a breach of this Agreement shall be proper in either of the above-named courts and they each waive any objection thereto, 19. Independent Status of Parties. Nothing in this Agreement may be construed to constitute either party hereto as agent for, or partner of, the other party hereto, Neither party hereto has the right to bind the other party hereto, transact any business in the name or on behalf of the other party in any manner or form, or to make any promise or representation on behalf of the other party hereto. ~ eClvls 20. Severability. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision; provided, however, the parties shall negotiate in good faith to replace any ineffective, unenforceable or illegal provision with an effective replacement as soon as practical, such that the economic effect of this Agreement, as between eCivis and Customer, remains the same or as nearly the same as possible. rSignatures provided on cover page of this Agreementl EXHIBIT A eCivis Grants Network Modules & Services eCivis™ Grants Network: Research 4.x (License includes all releases in the 4.x version (e,g. 4.1, 4.2, 4.3, etc.) · Search for grants within eCivis' proprietary database · Identify and save grants of interest . Save search criteria for recurring use · Receive email notifications regarding new or updated grants matching desired criteria . Access to grant news content eCivis™ Grants Network: Community Based Organization (CBO) (GN: Research 3.0 or later requiredfor use of this module) · Customer can offer access to non-profit entities and community-based organizations that are based in and serve Customer's jurisdiction (access cannot be extended to any for-profit entities) · Additional Reports for Customer on CBOs usage eCivis™ Grants Network: Tracking & Reporting l.x [License includes all releases in the l.x version (e.g. 1.1, 1.2, 1.3, etc.)] (GN: Research 4.x required for use of this module) . Share/route grants with others . Create projects . Create and Search Organization grants . Associate grants with projects · Stakeholder creation and assignment to specific projects . Project and grant milestone tracking · Single document upload capabilities with appropriate grant milestones · Email notifications regarding project / grant milestones · Email notifications regarding pending due dates · Research activity reporting . Project activity reporting . Grant funding reporting . Detailed transaction history eCivis™ Grants Network Implementation (Initial service in order to facilitate effective Grants Network usage) . Organization Configuration · Data Collection · Historic grants data input and configuration . Initial Software Training eCivis™ Additional Services Services available include: · Professional Development Training · Additional Software Training . Best Practice Assistance City of Boynton Beach Purchase Schedule xhlbit B Pl.I'chase Schedule Or anl<a1ion Annual Fee (pncil1Qbased on schedule) 1 '$ 19000 $19,000 Federal SIal. Foundation Llnlin1led Research , Sub Accoort Manaoemenl Includes 1 0"" 01 OnslleTrannp ($3000Value) cao Add-On 01 S 10000 Price is per 50 Extemal Users Disoounts LOIlll- T...m Client 1 44% ($8,3U3. 01) "l~~ Base License Fee 1 $ 1 2.500 $ 12,500 Grants ActMl Fee - PlB<!iIl 1 $ 25000 $25000 Unlnited Pursuit . Includes_ !ill" , Basic SOIVlce & Suooort OVerage M1ce o $ 1,200 $ - File DownloadlReoovlllV Disc Creet'on and Backup (Annual M nimum Annual (currulawe of aU files) 1 $ 500 $500 Add Quarterly Disc CreatiOn (files dunno period) o $ 1,800 $0 1\00 M on ,r>y UlSC "'"atlon I esaunng perlOO) o $ 3,000 $0 Discounts Beta Client Discount 1 611% [$22,50001) AMual Subscription Rate P" Y.... $26,197.00 Pro-....ed 1st P~"""" (ClMlrS 211512007 - 10131J2007) Due 211512007 $13,173 Previous Payment tor Grants Locator cradled towards pOfwrated 1 st pa,-rrem. 2nd PAl"""" (ctMlrS 1111i2l117 - 1013112Dl11l Due 1001J211l7 IJBInK,OIlS" ,enns $26 197.00 *PoakGraJdJ Looel The PeakG1Uds Level is detemLired byOJstomer and eCi,.jsuJ:On inceptiondthe license. TIe Peak GrmtsLevelis the maximun number of awvded grant instancel withinan of _...r'. projects ('GrorlIs'? with a .talus other thlm "closed" For exempe, "Peek Grants La",150"1Oil1 include ~" :lJ 'Ung_OUO granl ""'_os tiuo~ul Cus\:l...i, ",,1M projects, 00""'CO Ioold the client exceed the PeakGran1s lev101 durirlg the tarm, """!>gO f... will be calculated.. the Per Granl CNenge Fee ($IJJOl)"ar) mdtiplied by the number of grants """randab:Jv the licensed Peek Grants Law!. F..,wilIbe!'O-Md tiuo~h the erdofthe ~1>C1lJTtnt"rrn. Cus\:lmerslW1l"y\:leCiviswithinthirty(30)daJlSDOtice the Ie_rof: (1) the overege 2. :o1e11loled above; or (2) the 1"O"",1ed f.. for lie Peek o-ts Level inchlditlg e"'ugh gran. " CO'lllI Custcaller'. usoge occoJding \:l eCj...,'.then cun.,,1 publislled f.... in...nich case _...r sMll be dmned to "'''' hcensed such higler Peek Grart.lev1ol fortle leSl of the then-CUfllO It I""'. ..... Renowal fthis Agre....nt i..utlmaticollyrenewedpumwlt \:l its lelll\S, the Peek Grants La",l Dr the rerewed lerrn sMll be the higlestPeakGrants Level oclueved byC_mer at the .ndofthe xpirirlg tenn. As noted on the cover page afthis Agreement, the fees for anyrerewal tmn shallbe calculatedasafM peretnt(~/.):irlcre_ over t1e fees fcr the expirillgterm N...Mad..... ~ivis JBSe1VeSthe rightb povide NewNbdulestoclients. SllOuldCusb:nnerop toliceJ\5le anysochNew Jvb:i11les, fees tM.ybe calculated ue.nUU'lJalfee or a per grant add-on fee Dre rent.......d in accoldar1ce with tie Feek Gran1s lev101 outlined herein, Diocounts Beta CllentDlsrount 1 $ m~ 30 $ 50 $1,500 10 $ 100 11000 2 $ 2,500 $5,000 2 $ 500 $1,000 1 1 1$135000lll 1 $ 3,000 $3,000 0 5000 0 Jl, Software Oroanlzalion Seluo Fee ::AM SellJo Usar Creation Up to 40 Hoors of Conr"Lfalion Oala Collection & HIstoric Orants Inwl I Federal, State in ON I lraamza Ion Specific Grants On-S!e Inilial Tralnlno 2 Sessionslday olm"" 25 ppVsession Travel billed at cost not to exceed $500ldav On-S!e SoItware Tranina I Orants Network Trainino 2 Sesslonstday 01 mal< 25 ppVsesslOn On-S,e Professional Oev..o rrent Trainino Max 25 ppld"" Materials Up to 4 hours custonization One Time Fee T otet $3,000.00 A. eCIVIS Confidential 2/12/2007 Page 1 Sl\ -r '\!~~"" , , ' t. . .. ' ,- ' trl\ ;:r; 0\ lU ~'-.. ,./' e'>- --', .. ..'- -~ .. ~- ~~y 1'-0 <', VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) r8J March 20, 2007 March 5, 2007 (Noon) D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM r8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve Resolution # authorizing City staff to enter into an agreement with the Sembler Company to allow a temporary installation of traffic signal poles in a City Easement on the west side of Congress A venue at the 'ntrance to the Boynton Beach Mall adjacent to Olive Garden Restaurant. EXPLANATION: As part of the Boynton Town Center project, the Sembler Company is responsible to upgrade traffic signals at the Mall entrance adjacent to Olive Garden Restaurant on Congress Avenue to provide access to their project on the east side of Congress Avenue. This roadway / entrance is owned by the Simon Group. The traffic signal upgrade will provide for replacement of the wire span traffic signals with signals mounted on steel mast arms. The steel mast arms are far superior to wire span signals, particularly during wind events such as hurricanes. The Sembler Company is negotiating final terms with the Simon Group to allow the installation of the permanent traffic signal hardware on the Simon Group property. However, Sembler will be unable to have the permanent signal posts installed prior to occupancy of the new Target in the Boynton Town Center project. To satisfy Palm Beach County access permit requirements onto Congress Avenue, Sembler must have an operational traffic signal at this entrance to their development. Therefore, Sembler has chosen to construct temporary signal posts on the west side of Congress A venue as a precursor to final signal nstallation. Sembler has requested permission from the City of Boynton Beach to install the temporary traffic signal poles in an easement on the west side of Congress Avenue that was granted to the City of Boynton Beach in 1980. The proposed agreement will authorize this action. City Legal staff have reviewed this concept and concur that the City can authorize temporary use of this easement in this manner. PROGRAM IMPACT: None FISCAL IMPACT: None AL TERNA TIVES: Do not allow Sembler to use the City easement for construction of temporary traffic signal posts. This will delay use of this driveway onto Congress A venue until such time that permanent si Is are constructed. Traffic access to the new Targ1 W,~J.tl~ be modifie~significan t1 . ) i (/.' .I .1 / '. ..-'7/ IJ / partment . ea 's Signature 1/ '- - anager's Signature Assistant to City Manager ~ tJvbL ( lA)ucls Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC City Attorney I Finance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A RELEASE AND INDEMNIFICATION AGREEMENT WITH THE SEMBLER COMPANY TO ALLOW A TEMPORARY INSTALLATION OF TRAFFIC SIGNAL POLES IN A CITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the Boynton Town Center project, the Sembler Company is 15 responsible to upgrade traffic signals at the Mall entrance adjacent to Olive Garden 16 Restaurant on Congress Avenue to provide access to their project on the east side of 17 Congress Avenue; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that it 19 is in the best interests of the residents of the City to approve and execute a Release and 20 Indemnification Agreement with the Sembler Company to allow a temporary installation of 21 traffic signal poles in a City Easement on the west side of Congress Avenue at the entrance to the 22 Boynton Beach Mall adjacent to Olive Garden Restaurant. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 25 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission ofthe City of Boynton Beach, Florida, hereby 30 authorizes and directs the City Manager to execute a Release and Indemnification Agreement S:\CA\RESO\Agreements\Sembler Temp Traffic Signal.doc """""""""""",,_'~""'~"..: "~.,,,.,.~~',.<<<o,.,~., 1 with the Sembler Company to allow a temporary installation oftraffic signal poles in a City 2 Easement on the west side of Congress Avenue at the entrance to the Boynton Beach Mall 3 adjacent to Olive Garden Restaurant, a copy of said Agreement is attached hereto as Exhibit 4 "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of March, 2007. 7 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Mack McCray 22 23 24 Commissioner - Carl McKoy 25 ATTEST: 26 27 28 Janet Prainito, City Clerk 29 30 (City Seal) 31 S:\CA\RESOlAgreements\Sembler Temp Traffic Signal.doc RELEASE AND INDEMNIFICATION AGREEMENT ON THIS day of March, 2007, 1950 CONGRESS AVENUE, LLC, a Florida limited liability company C'19501l), having the address of 58 58 Central Avenue, 81. Petersburg, Florida 33707, enters into this Release and Indemnification Agreement with the City of Boynton Beach, a Florida municipal corporation (lICity"), as follows: WHEREAS, 1950 is desirous of obtaining permission from City, to install and maintain temporary traffic signal poles, guys, controller cabinets and any associated underground support for same at the locations indicated in Exhibit "A", which is attached hereto and incorporated herein by reference, more particularly known as ("Improvements"); and WHEREAS, 1950 acknowledges that the traffic lights are essential to the development on the property located at the northeast corner of Congress Avenue and Old Boynton Road, Boynton Beach, Florida; and WHEREAS, 1950 acknowledges and appreciates the risks of installing the Improvements; and WHEREAS, 1950 further agrees that its employees and agents and all persons under its direction and control shall at all times exercise due care for their own personal safety and the safety of other employees and agents installing, maintaining, and removing the Improvements; and WHEREAS, in exchange for permission for 1950 to utilize portions of the City's Easement established pursuant to the certain recorded in Official Records Book 3391, Page 1837 ofthe Public Records of Palm Beach County, Florida ("Easement") in the locations depicted in Exhibit "A", 1950 has agreed to hold the City harmless and indemnify the City as hereinafter provided; and NOW, THEREFORE, in consideration of the mutual promises, covenants contained herein, the City and 1950 agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Release and Indemnification Agreement. Section 2. City agrees that 1950 may temporarily utilize the portions ofthe Easement cross-hatched on Exhibit "A" for purposes of installing, maintaining, removing and replacing the "Improvements". The permission to use the Easement shall be for a period of 120 days from the date the City executes this Agreement, unless extended by the parties. Section 3. 1950 shall secure and maintain at its expense, and keep in effect during the full period in which the privileges granted herein are being exercised, a policy or policies of insurance, which shall include those coverages and minimum limits of liability as reflected in Exhibit fiB", which is attached hereto and made a part hereof. The City shall be named as an additional insured on such policy or policies of insurance. Section 4. 1950 agrees to assume all risks involved and to be fully responsible for the safety of its agents, contractors, and employees, hereby releasing and saving and discharging City, its officials, agents, and employees, from any and all claims and demands of whatever J:\7\CUENTS\SEMBLER\signals\Hold Hannless - Traffic Lights3,doc 1 nature, whether for personal injury or death or loss of damage to personal property, and hereby agrees to hold the City hannless for any accident, death, dismemberment, temporary or permanent disability resulting to any officials, agents, or employees as a result of the permission granted herein. Section S. 1950 agrees to indemnify and hold hannless City, its officials and employees, from any liability, costs and expenses, including attorney's fees, on account of any injury to or death of any person or persons, whomsoever, including employees, agents, or representatives of the parties hereto, or third persons, or for any loss or damage to property arising from or in connection with the construction, maintenance, and removal of the Improvements, and 1950's use, occupancy ingress to, or egress from, the Easement. Section 6. 1950, for itself and its employees and agents, and successors and assigns thereof, agrees that in exercising this authority, it hereby waives any and all claims for damages or loss of its/their person and/or property which may be caused by any act or failure to act, including negligence, by City, its officials, agents, or employees. Section 7. 1950 further agrees that at all times that 1950 and/or its employees or agents are utilizing the Easement, they will conduct themselves in a businesslike manner, performing work they are competent to perform. 1950 agrees that no waste, injury, or damage shall result to the Easement from the use or occupancy thereof by 1950 or the installation, maintenance or removal therefrom of the Improvements, and agrees that if waste, injury, or damage does occur to the Easement as a result, 1950 shall be responsible for all necessary repairs to the Easement. Section 8. The permission granted in this agreement shall not be assigned, transferred or otherwise encumbered under any circumstances without the prior written consent of City. Section 9. 1950 agrees that in the event any portion of this document in held invalid by a court of competent jurisdiction, the balance shall continue in full force and effect. Section 10. Subject to the obtainment of approval from the City Commission, City hereby represents and warrants to 1950 that it has full power and authority to enter into this Agreement and to perform its obligations hereunder including but not limited to granting the temporary right of use provided for in this Agreement. 1950 represents and warrants to City that 1950 has full power and authority to enter into this Agreement and to perform its obligation hereunder including but not limited to its indemnity obligation provided for in Section 5 above. IN WITNESS WHEREOF, we have hereunto set our hands and seals this March. 2007. day of ATTEST: CITY OF BOYNTON BEACH, FLORIDA: BY: JANET PRAINITO, CITY CLERK KURT BRESSNER, CITY MANAGER APPROVED AS TO FORM: J:\7\CLIENTS\SEMBLERl&ignals\Hold Hannless - Traffic Lighls3.doc 2 OFFICE OF THE CITY ATTORNEY 1950 CONGRESS AVENUE, LLC, a Florida limited liability company By: Sembler Family Partnership #35, Ltd., a Florida limited partnership Its: Manager By: Sembler Retail, Inc., a Florida corporation Its: General Partner By: Jeffrey S. Fuqua Its: Vice President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Release and Indemnification Agreement was acknowledged before me this _ day of March, 2007, by JEFFREY S. FUQUA, Vice President of SEMBLER RETAIL, INC., a Florida corporation, the General Partner of SEMBLER FAMILY PARTNERSHIP #35, LTD., the Manager of 1950 CONGRESS AVENUE, LLC, a Florida limited liability company, the on behalf of the limited liability company, personally known to me or whom have produced as identification and who did/did not take an oath. Notary Public, State of Florida J:\7\CLIENTS\SEMBLERlsignals\Hold Harmless - Traffic Lights3.doc 3 "'';<W~'~~''''''''''';''''''''''''''''';' v...""r'......."',;.""-,.,"'_,."""~;"'''''..,,'-..,.. EXHIBIT" A II The portions of tbe Easement area to be utilized by 1950 pursuant to this Agreement are the four (4) cross-hatched areas on the two attached sketches. J:\7\CUENTS\SEMBLER~igna15\Hold Harmless - Traffic Lights3.doc 4 .. I/It:" SURVEYORS &,MAPPBR8 18815ANNBL1S DRIVE, LUTZ, PI. 33548 PHOD (8ls) 86+7540 PAX (8JS) 96+8160 PROFESSlDNAL. l5URVI'l1NO II IIAPPlIlO CERlW'ICA1E ~ NTHCRIZA'l1ON: La 71.. 1l"ATE: OF FLOIIIM f-, ',l. r I! i,' ;.. SKETCH AND DESCR'PT~ON MAST-ARM EASEMENT SECllON 19 - TOWNSHIP 45 SOUlH - RANGE 43 EAST I ,.;t'1 .,do .J,'O N.E. CORNER OF 1W((."ft: CNI~-~1S-16~-QIIS-(J(H2 ~\9;r1 THE HoE. 1/4 Of' 11} r1 ",\ SE'CnoN 19. T<f55, R4JE # ,. ",~l'J ~;VO 18 GOfOML ftN/.L$ lfar.wIlA~. ,He. w.x 0EKl~ /NO. 1KRC~ CNI-~-45-lg-OS-OI5-DOIO BOYNTDN BEACH MALL OlGCB5Jl9IfOAD 'D? N8IJ'59 ~6"W 25.01'1 MAST ARM ~ EASEMENT"C' 'h { ~ I (Joo.Og so f7) I ~~; . P.O.C. "i!) ~ $.~ CORNER OF , ~ ~ ~ THE N.C. 1/4 OF ~ li~ SliCTlON 19. r45s, R4.JE . ME. CORNER OF ;II I THE $oE. 1/4 OF ! ~ e~ SCCr/ON Ig, T45S, R4J. ~ ....;- I P.O.B. ~ .. I l"': UASTARIrI ~ ~ ~ EASCMENT ~. . ~ 589'5~~6~ 588"J7'14"W ~ ..15.38' ~O.OO' NO 1 "23'03"W 12.00' PARENT TRACT O~ BOYNTr:JN.JCP Ass0cx.4 ~ LID PA/JCEL, OII-4tJ-45-tlJ-05-015-OO/( (OR BOOK""" PAae:",. P.B.c.R) . A I'Off11ON OF SECTION ~ 70WNSHr -IS SOI.ITH, flANGE 43 EAST PALM BEACH C'OtNTY. JIl.Q1iD4 GQ4 P/lOPOlT1!S 4 I ,.AIlcn: ~-4J-#S-"-DS-DIIS-DDSO .,,~ 'b~ fJo ".'0' ~tP 501"22'<16 '"E 18. tlO' ~ t ~ ~ ~ ~ . . I ~..... 1!8~ :f I 20.0' i'. ... r I I I I a Ii ~ 17 20 8 "~ ~ i ~~ ~:b. ~~ ~ LEGEND 60.0' 60.0' P.O.C. =- Point of Commencement f.O.B. .. Point of BegInning P.8.C.R. - POlm Beech County Records P.8. - Plat Book O.R. - OfticTal Record ell = Centerline R/w ::: Right-at-Way SQ. FT. .. SQUARe rEET REV1SIONS BY S.E. CORNER OF THe S.E. 1/4 OF SE:CrroN 19. T45S, R4JE DATE REVISE EASa.lENf GEOMETRY UPDATE W/ EXISTING rASEJdENT OJ/01/07 02/111/07 WSP WSP OATE O. SKfJ'CH 11/15/06 DRAWN BY AJM CHECKED En' WSP ~ ~ ~ ~ SHEET 2 OF 4 f:lLE NAME aTe-rASE -WlSTARMS .. lilt:., SURJ'lIYORS ~ MAPPERS 18816ANNEUS DRIVE, LUTZ, PI. 33548 PHONE (aw 1164-?540 PAX (813) 96+-8760 PROFUSICNAL. SUJM.YING . lW'fIING CPm'IC\1l: Of" AIITHORllA11ON: IS 7'''' srATE OF FLClRtOlIo SKETCH AND DESCRIPTION MAST-ARM EASEMENT SecnoN 19 - TOWNSHIP 45 SOUTH - RANGE 43 EAST . 18 17 19 20 1P 41t~ tLO f'AR(;E/..' 08-IJ-4S-11I-M-()'$-t)()~ 'd~ ; ~ . 20.0' j5 ~ i ~ "''8'''~.2. "9"E ."" P.O. 8. ,." , ~ , UAsr ARII ;30.47 E"ASEIIENr ';4" SB8';J6'S7'W 60.00' N01'2~'0:1"W, 10.45 SBIr36'57"W . I PAR/ENT'TRACT :10.46 OWNER: BOYNTON.JCP ASlS1t:'JaA lEa L 1D ~. ~ PA/fCEL1 08-43-45-tfHJ5-ot5-<XJ1O : ~ i ~ . A FORT1ONOF . I.. Q ~~ SECl1ON. n::JWNSHP ~ IJtOUT1lIWKJE 43 EAST a :iil~ I PALM lEACH COI.NTY, FLaiDA ; i I !II ~ BOYNTrJN BEACH UAJJ.. I ~ ~~~ ~ (NORTH EN11IANCEJ .... ~ ~ :: ""l. S89.~~6"E" ~~ 'k 3.1. 45' we,.. ~CS' 11' 1U(, lJ.C 03b:~. ~ 1l4RCfl..' Off-.fJ-4S- I~-06-016-rxH3 tJ'.).... MAST ARM~ EASEMENT ~. (J2!J.64 so. n:t) ~ ~ a~~!:! fOl::{ J.1!!l~~ ~ ~ ~i~~ . ...~ :0... P.O.S. MAsr ARM FASE1tfENr "8" 56tJ."S'57'W 60.00' LEGEND 911 ~ ;0. ~ MAST ARM EASEMENT "S. (J04.B6 SQ. n# l~~ ;~ . ;:-,..... l~t\( ~ ~ I 20.0' I ~ i P.D.C. - Point of Commencement P.O.B. - Point of Beginning P.B.C.R. .,. Palm Beaoh County Records P.B. - Plot Book D.R. .,. Official Record C/L - Canterline R/w ". Rlght-ot-Way SQ. FT. - SQUARE rEET flOoO' t20.0' BEAFJING NOTE THE BE'ARINGS SHOWN HEREON ARf: ASSUMED AND ARE REFERENCED TO THE WEST Ut-IE OF THE NE 1/4 Of SECTION 19. T45S, R4.3E P,O.C. S.E. CORNER 01" rHE N.E. t/" 01" S~CT1ON t9. r4SS. R4JE o SCALEr 1. - 40' SEAR/NOBAREA~ N.C. C()RNfR Of' THE N.c. 1/4 OF $CcnON 19. T-f5S, R4JC ~ ~ ~ ~~ ~~ ~ ~ ~:b ~~ fn I I J ~I (;: I ~ SHEET l' OF 4 SEAL ~ ~ 60.0' Nc>T VALID WlTHQUT THE: SI<iHATURE AND THE ORICINAL RAlSEO SEA.l. Of' A f'LORIDA UCENSl:O sURVEYOR AND ~APPER THIS SKETCH IS NOT A SURVEY CERTlFlCAiE TliIS IS TO CERTIfY THAT THE S1<ETCH SHOWN HEREON AND THE ATTACHED DESCRIPTION IS ACCURATE AND CORRECT TO THE BEST OF t.lV KNOWUDGE AND BEUEF AND DOES NOT REPRESENT ^ fiELD SURVEY. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAl. STANIMoROS SET f"ORTH UNDER RULE 61017-6 OF THE flORIDA ADMINISTRATIVE CODE PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. RE-'/lsrONS DATE BY WSP PROFESSIONAL SURvEYOR AND MAPPER ILS 6685. STATE OF' FLORlOi\ WILLIAM S. PAYNE WSP CONSULTANTS. INC., 'LB71811 DATE OF SKETCH DRAWN BY CHECKED BY FllE NAME 11/15/06 AJM WSP 8TC-OOE-IMSTAAYS REVISE EASEMENT GEOMETRY UP~TE w/ El<ISTING EASEMENT 03/01/07 02/15/07 WSP EXHIBIT "B" REQUIRED INSURANCE J:\7\CLIENTS\SEMBLER\signals\Hold Hann1css - Traffic Lights3.doc 5 "'-~";;":i0i;~~>;;.~,;"", City of Boynton Beach Risk Management Department INSURANCE ADVISORY F<)RM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach lIS Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and ''The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insuranco coverages must have a current rating by A.M. Best Co. of "8+" or higher. (NOTE: A.n insurance contract or binder may be accepted as prool of insurance if CerJiflcate is provided upon selection o/vendor.) The foRowing is a list of types ofinsurance required of contractors, lessees, etc., and the limits required by tbe City: (NOTE: This Ii.t is not alllnclus1vet and the City reserves the right to require additional types of insurances or to ralse or lower the stated limits, based upon identified risk.) IIfI (Occurrence Based Only) - ----..-----..--------...-----..------...-..-....-..-.---..---...-----..-......--.......---..................----......-------....--.-......---..-.. _......-- MINIMUM LIMITS REQUIRED -----..-..-....-----.--------..---..--.-.......--......--.........---.---......--..---.----- -----...------.....----..--. ..-------------.-...--........-.-.-.. -.--....-.-..-..----...---........-----...........--..-.-------..----.------........-......--.....-.--.....-...-...-.....-.......-.. General Liability Commercial Ceneral Liability Owners &. Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Fonn Vendors Premiscs Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Fonn Property Damage Fire Legal Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any onc f1Ie) Med. Expense (anyone person) Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intcnnodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Properly Damage Trailer Interchange $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1.000.000.00 $ 50,000.00 $ 5,000.00 $ 500,000.00 to bo determined to be determined to be detennined $ 50,000.00 ....-..--.--..-...---.-------..-..-----...........-------......-----.---..........--.......--------.......-.. .......-...-- ---...----....-........- Oarage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,000.00 $ 100,000.00 $ 1,000,000.00 $ 1,000,000.00 Excess Liability Umbrella Form Each Occurrence Aggregate ....-.------...-....-.---.----..-.-.-....- ...------.-...-.- -..---.-. --........----......-........---..--------....---... -...- .........--...... to be determined to be detennined -----.---...---....--....--......--...-----...............---------------..---....---....--------...-...-......------.-..----....................-... ...-... ---- W olker's Compensation Employer's Liability Each Accident Disease, Policy Limit Diseue Each Employee Statutory Limits $ 100,000.00 $ 500,000.00 S 100,000,00 ...--....-----..--..------..------..---...------............------......-.-----......-----..----------......-----......---..-------.....--..........--...--. Property Homeowners Rcv()cable Permit Builder's Risk Limits based on Project Cost ----..---..---.--..-----...-----.....-..--...----........-..-----.--..-........-...........-..--......--..--------...------- ......-..- .........--..-. ...- $ 300,000.00 Other - As Risk Identified INSlJRANCBADVJSORYFORM04 to be determined Revisod 1012001 \ VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI,.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) rgJ March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations D City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM rgJ Consent Agenda D Legal 0 Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve Resolution No. R07-_ approving and authorizing Change order #7 for the Library Expansion Project in the credit amount of $(12,620). This includes additional costs in the amount of $19,793 due to unforeseen needs and a credit balance from the contractor to City for deletion ofthe drive through window insert and canopy top in the amount of $(32,413). EXPLANA TION: This contract adjustment is to cover additional costs for waterless public urinals, downspout nozzle, additional electrical/data outlets in lobby, raised draining pipe due to FPL, HV AC Trouble Alarm and Builder's Risk Insurance (through 01/07) since original bid of August 2004. This contract adjustment also reflects a credit due to the City from Sessoms for the deletion of the drive through window insert and canopy top in the amount of $(32,413). This was deleted to cut costs by way ofvalue engineering. (See Exhibit A). Exhibit A Change Order #7 includes the following increases and credit: A) Credit for drive through window insert and canopy top B) Builder's Risk Insurance through 01/21/07 C) HV AC Trouble Alarm D) Additional electrical/data outlets in lobby E) Downspout nozzle F) Raise drainage pipe due to FPL G) Waterless urinals $(32,413) $ 8,690 $ 5,161 $ 1,647 $ 971 $ 936 $ 2.388 TOTAL CHANGE ORDER #7 ($12,620) credit Construction Schedule (See Exhibit B) Monthly Status Report (See Exhibit C) Change Order Log (See Exhibit D) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: To keep the project according to schedule, the additional costs included in this change order need to be approved. Also needing approval is the credit balance which needs to be deducted from original Sessoms contract amount. FISCAL IMPACT: Change order #7 subtracts $32,413 from the original contract sum then adds $19,793 to construction costs to pay for additional costs bringing the contract total to date $6,670,052.48 (net credit of $12,620). (See Exhibit E) Exhibit E - Total Construction Cost Summary Original Contract Sum was Net Change by Previous Change Orders The Contract Sum of the last change order #6 was The Contract Sum will decrease by current change Order #7 New Contract Sum will be Owner Furnished Equipment Owner Direct Purchases Contingency Construction Contract + Owner Equipment + Owner Direct Purchases + Contingency Commission Approved CIP Budget CIP Library Construction Balance Remaining $5,727,485.00 $ 955,187.48 $6,682,672.48 $ (12,620.00) $6,670,052.48 $ 137,137.00 $ 367,780.00 $ 50,000.00 $7,224,969.48 $7,279,000.00 $ 54,030.52 AL TERNA TIVES: The only alternative would be to stop the project. This would lead to more delays in addition to product cost escalations. Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC "'.'",,,,,,,,~,._"_*~~_"'.i"I.,,,.',.~.,,.;,,,,,...,..,,,,,,,..., 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING CHANGE ORDER 5 #7 WITH SESSOMS CONSTRUCTION FOR THE 6 BOYNTON BEACH LIBRARY PROJECT; 7 DECREASING THE ORIGINAL CONTRACT SUM BY 8 $32,413.00 AND INCREASING THE CITY'S 9 CONSTRUCTION COSTS BY $19,793.00 TO PAY FOR 10 ADDITIONAL COSTS FOR A TOTAL NET SAVINGS 11 OF $12,620.00; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City of Boynton Beach has deleted the drive through window insert 15 and canopy top which resulted in a savings of$32,413.00; and 16 WHEREAS, the City's construction costs will be increased by $19,793.00 for 17 unforeseen needs, saving the City a net sum of$12,620.00; and 18 WHEREAS, the City of Boynton Beach has reviewed Change Order #7 and has 19 determined that the contract changes set forth therein are both necessary and appropriate. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby authorize and direct the approval and execution of Change Order 007 decreasing the 27 original contract sum with Sessoms Construction for the Library Expansion Project by 28 $32,413.00 and increasing the City's construction costs in the amount of $19,793.00 for a 29 total savings of$12,620.00, a copy of which is attached hereto as Exhibit "A". S:\CA\RESO\CHANGE ORDERS\Library Project CO 7.doc Section 3. The new contract sum, including all prIor change orders, owner 2 equipment, owner direct purchases and contingency is $7,224,969.48. 3 Section 4. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of March, 2007. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 Janet Prainito, City Clerk 25 26 27 (Corporate Seal) 28 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\CHANGE ORDERS\Library Project CO 7.doc _,;"","",c;,,'''''''''"''~*'''''''''''''.,''..c~i'!1:'''''''-",'.;V;''.''':''''''",""'''''"0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST for Boynton Beach City Library Exhibit A Chane:e Order #7 02/20/07 11m 13:30 FAX 9544366789 SESSOMS CONSTRUCTION ++-> ENG DEPT-BONAGUR I4J 002 ''-' tAlA: Document G701™ - 2001 Change Order fiROJEer (N~ and a4dresi1): Boynton Beach, Library 208 South Seauest Blvd. ~oynlon BcaC~ FL .33435 TO CONTRACTO,R (Namt and address): SesSODls Construction 74B5 O.vie:Rd. Ext.' Hol!>1vo~ FL 3~6?:4 CHANGE ORDER NUMBER: 007 DATE: February 16,2007 OWNER: 181 ARCHITECT: 181 CONTRACTOR: 181 FIELD: 0 OTHER: 0 ARCHITECT'S PROJECT NUMBER: 0320802 CONTRACT DATE: May 04, 2005 CONTRACT FOR: General Constnu;uon THE CONtRACT 1$ CHANSEO AS FOLLOWS: ' (ln~lljde, wiitn..izpp~iCi:ible, any undispured amount atlributabl/! if) previously Uflcuted Con.rtructioll Chang/! Directives) , A) l;Jililden Risk ~Ur8hce Extension 11.12-06 thnt 01-21-07......................................................................$8.690.00 , B)DOwnspout Roule ~'PR: #28. ~ .... .......... ........ ............... ........................................................,.......... ...$971.00 C) 'Additioriai T:", outlet:! in lobby. PR #21..................... ......... ............. ........ ........................... .......... ..$1,647.00 '" D)Add wateq,ieSs Urinals (onglJi'aUy provided by Owner) - PR ,m.. .......... ........ ....... ............... .................... .$2,388.00 'E) Provide trouble ~I~ for UV AC (as requested by Owner)........,....... ........ .................,..... ..... ........... .......$5.161.00 P) R~~ drainage pipe due to FPL conflict..... ................. ......... ........,......,.......... .... .......... ............ ..............$936.00 G)Credit for de1etiiig cartQPY and drive thru and providing book drop.............. .... .......... .............. ........ .......($32,413.00) Total...,~........... ........ .,.,. ~..., .,.........,....., ......... ....... ........., .................................,............. ............ ...(SI2,620.{IO) The orlginaJ Contract SutiJ was The nctchllDge by previously lIUthorized Change Orders Th~ Contract Sum 'priQi to this 'Change Order was , The Contract Sum willl>6 decreased by this Change Order in the amount of Th~ new Contract Sum including t!rl,s Change Order will be ' The Contra,CI Twe will be: increaSed by Zero ( 0 ) days. , The date of Substantial Completion as of the date of this Change Order therefore is JllnUIlI)' 21. 2007 $ $ $ $ $ 5.727.485.00 955,187.52 6,682,672.48 (12.620.00) 6,670.0S2.48 , ' NOTE; This Chl!Ilge Otder doos not include changes in the Contracl Sum, Conttnct TIme or GU81'lltlt=d Maximum Price which ~vebetn auth!lrized by Construction Change Dixec:tivc until the cost and time have been agreed upon by both the Owner and Col1tractor, in w1iich cue a Change Order is executed to supersede tbe Construction Change Directive. NOT VALID UNTil SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. ScbenkelShullZ Archilecture , ARCHITECT (firm name) ~~OO N. Con~~p Avenue. West Palm Beach. :FL 33409 ,', ADDRESS DATE Sessoms CollStTUction CONTRACTOR (Firm name) 7485 Davie Rd. Ext., Hollywood. FL ~ BY (Signature) 1-<< 3e~~s (Typed name) O~- ~-"1 DATE City of Boynton Beach OWNER (Firm 7UU1le) 208 South Seacrest Blvd.. Bounton Beach.:FL 33435 ADDRESS , BY (Si BY (Signature) (Typed name) DATE AlA ~umtntG701TU-2001. copyright 01979.1987,2000 and 2001 by The American Institute 01 Archilaats. All r1ehtt 1'W8I1IIId. W~N1NQ: 1'11ls AJAo Doc_n! Is protecl.d by U.s. ~ht L.Iw end InIBmlltloIllll Treltlel. Unauthorized reproduction or dltdributlon of Ihls AlA' DocumerI1. Of any 1 portion 0111, IIIlIY resullln severe c:Ivll and crlmlnallJ8nalllBB, and will be Pl'OIICUlecllo IhB maximum extent JI08'lbIe under tIlIIIBW. TI1i5 docllmenl was prodUClld by AlA soltwate all S:~G:14 on 02/1912007 underOrdllf NQ.1QOOi:i!8140_9 which expires on 3121/2007, and Is nollor reule. User NOleS: (532264577) _",_""....~-"""'~~Wi"""..""._,'~ 02:15/0i THU 08:26 FAX 9544366i89 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG i4J 001 SQssoms CONSTRUCTION COMPANY, INC. "-- . .. = ..:-- :""'- 7485 Davie Road Extension · Hollywood FL 33024 Broward (954) 431-7900 · Fax (954) 436-6789 REQUEST FOR CHANGE ORDER CG CBOl134 MEMORANDUM DATE: February 15, 2007 Sam Ferreri, SCHENKELSHUL TZ ARCHITECTURE TO: FROM: Lee Sessoms, Vice President RE: #379 - BOYNTON BEACH CITY LIBRARY Bid #017-2610-04/CJD ReO #067, Project Log #139 Description of Proposed Change: Delete canopy and drive-up window, install book drop, paving sidewalks and bollards Reason for Change: As directed in Proposal Request #13 dated 07/25/06 and per A004 Rev. 5 dated 06/06/06 Additional Cost: seel Overhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: secl Bond Premium (1%): PROPOSED CHANGE IN CONTRACT AMOUNT: $ (32,413) $ . 0 $ (32,413) $ 0 $ (32,413) $ 0 $ (32,413) PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days Cc: Craig Clark, Interim Library Director Bob Bonagura, P.E. Attachment: Supplier/Subcontractor Proposal LS/mo G:\379 - Boynton Beach Library\Change Orders\B7\Rco #67 (; 2 1.~, 07 THU 08; 26 FAX 9544:J 6 6 i 8 9 SESSOMS CONSTRUCTION Boynton Beach City Library Book Drop Revision Additional Work Concrete Pad (4_0" X 6'.0" X 0'-6") Storefront Window Sollards Bollard Concrete Bollard Installation (2 men 2 hours) Installation of Drop Box (2 men 4 hours) Add 15% Overhead & Profit Net Add Deducted Work (4) Columns and Footings, associated work Drive Thru Window Metal Roofing Underlayment Steel Trusses and Attachments Net Deduct Net Change "Note. No seating revision in this CO. 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Ib.~ :: L ::: 7485 Davie ~cac{ EX'ten~on · Hollywood F'L 33024 $roward (954) 431.'7900 · F~ (951\) 436,.6789 ME M 0 RAN DUM CG CBO!l,4 DATE: June 712006 C'OA ,)~ TO: 02000'2 - ~ & N CONSTRUCTION (S61.795.4499) 03~ 15 . GeCI( CONSTRUCTION (561.795.1 S8S) 06600 ~ GEORGE'S WELOING SERVICES (305.822.5298) Job site FROM: Lee Sessoms, Vice President RE: #379 - BOYNTON BEACH CITY LIBRARY PROPOSA.L REQUEST 1#10, Praj8cll..og 1IS1 Attached is revised details as related to Proposal Requesl No. '0 dated 04/25/06 from SCHENKELSHUL TZ Archltectur4& regarding removal of drive up window & proPQ8ed , canopy end replace with a fixed window. Please price this work showing a detailed breakdown and .!:Ivics Immediatelv. in writlr'Q. of the additional costs/credits. --- \ C '''Ui~GtJ~.Tf=PLEASE REPLY . 1$1 FOllow-up I' 0 fi- ~.. 2nu Follol','urJ i p !srd FollOW-up l V 4th FQIIIlW'lll) .._ ~ ,~U~ f:ll;~.~-I,lr. i __~~__..l ...-...---.~ -~-- #;),~O:SC! C' r e c/o I ~; '~ ----- 7/7/c? ( \ G;\:;79. BoynlO" SeLlen L~prl;lPOGaI ReQuO&IG\10\PR #10. a~dl $kelC/l e 07/09/06 SUN 11:28 [TX/RX NO 5818J 02:15:07 THU 08:27 FAX 9544366789 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG I4J 008 SCHENK,ELSHULTZ O'c:jD ARCHITECTURE ODD Proposal Request .a u v Boynton Beach Library - 0320802 Boynton Beach City Library 208 S. Seacrest Blvd. Boynton Beach, FL 33435 Phone: (561) 742-6380 Fax: (561) 742-638] Date: 7/2512006 Number; 13 RCONumber : Ml.L To: Lee Sessoms Sessoms Construction Co, 7485 Davie Rd, Extension Hollywood, FL 33024 From: John Can: SchenkelSbult:L 1300 N. Congress Ave West Palm Beach, FL 33409 Please submit an itemized quotation for changes in the Contract Sum andlor Times incidental to proposed modifications to the Contract Documents descnbed herein, THIS IS NOT A CHANGE ORDER NOR IS IT A DIRECTION TO PROCEED WITH THE WORK DESCRlBED HEREIN, Description Book Drop Notes Delete canopy and drive up window. Install Book drop paving sidewalks and bollards per A004 Rev. 5 Dated 6/6/06 Attachments Contractor REC!il""'.~.,':',I"I''''';'";'' ~ ~'., It ~ .AI: I' ) , ,,~Io., "'1;1 ,'" ,. .'J" ;l'., JUl 2 6 2005 Sb~~^mr;,; r1.~. t','.h ;r't, y~U, t::j. ~,~{'i\' ~~~\'~.~ i.<:~~)t' hth....II~~_<m 1. fl/l' 6. 'AT phmr\TTY1~ (np",PR >;>",.,? A ('t;rm=PP ThT'T'R, P b 4' t, =,rr.'J\l'J\A"m.' f"lf"I.T\A"nn 7!7<;nnnr- d.",..".,."_~~~~~~~"",.,,,..');i~_,,""".i~,,"."':':"' 02:150i THU 08:2i FAX 9544366i89 ~"'5 < :;c ~ N 5: 0 -; ;:0 ~ ~' C "1j o m ~ r SESSOMS CONSTRUCTION '- c z o ~ !:::< ~~~ LIBRARY-CRAIG I4J 009 I) 2 15. 0 i THU 08: 28 FAX 9544366 i 8 9 SESSOMS CONSTRUCTION +-H LIBR4.RY-CRAIG @011 -~ 3'.2" ~z 0 ~ \ , I ~ 02 ~.-:;,. ~ 0 ~ I "" II ;0 ~ r.;, ...... 0 -:::. ~ ~ \J ......, \..~ ("~ OJ ~.~ 0 ~ \~ X -- ~~....~ 0 3'.9 1/2" - ~ " m ~... ~ 8'~OIl r --L J2 '26 2007 10:37 FAX 5616975210 ) SCHENKEL SHULTZ f4l002 ~ ~~Y1f.rON BEACH LB R~'" ~'IP8Q fED ",~l /t"a> fA '2 ".. S,~ssoms CONSTRUCTION COMPANY, INC. ~til.~I1Ul.fZ.,!NG. we;r PALM B ~ _: -=- =: .."'"' ~=--.. -, :::- ":: 7485 Davie Road Extension · Hollywood FL 33024 Broward (954) 431.7900 · Fax (954) 436-6789 REQUEST FOR CHANGE ORDER CG CBOl134 MEMORANDUM "~,-'"-~ -. '"'' .- DATE: February 08, 2007 TO: Sam Ferreri, SCHENKELSHUL T2 ARCHITECTURE FROM: Lee Sessoms, Vice President RE: #379 - BOYNTON BEACH CITY LIBRARY Bid #017-2610-04/CJD ReO #062r. Project Log #181 Description of Proposed Change: Costs to extend Builder's Risk Insurance to January 21. 2007 (Revised Substantial Completion date per Architect's 02/07/07 letter) Reason for Change: Due to changes and delays Additional Cost: see I Overhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: scel Bond Premium (1%): PROPOSED CHANGE IN CONTRACT AMOUNT: $ 8,194 $ 410 . - ", $ 8.604 $ 0 $ 8,604 $ 86 $ 8,690 PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days Cc: Craig Clark, Interim Library Director Bob Bonagura, P.E. Attachment: SupplierlSubcontractor Proposal LS/mb G:\}79 . Boynton Beach l.ibrary\Change Orders\62\RCO #e2r I/I/"./J./J /A ~L _ I . ,I 02,.26' 200i 10: 3i FAX 56169i5210 SCHENKEL SI{ULTZ -+ BOYNTON BEAC~ LB ~Ut03 ~. ~. ..._1 .T_ --===_-J~ _~ -- SCHENKELSHULTZ "511--0/4 DCC! ARCHITECTURe: otlCJ February 7,2007 RECEIVED ,Mr. Lee Sessoms Sessoms Constnlction Company, Inc. 7485 Davie Road Extension Hollywood, Florida 33024 FEB - g 2001 Sessoms Constr. Co, RE: City of Boynton Beach City Library Library Expansion / Remodel ReO #062 Dear Lee: Weare in receipt ofyouT request for ReO for the extension of Builders Risk Insurance from November 12, 2006 to April 12, 2007. At this time through Change Order Numbor six the date of substantial completion is January 21, 2007. We were in receipt of your last schedule dated December 13,2006, and had requested you clarify delays as in item 26 (roof delay) to the cause of the delay, of which a portion was the delay of the subcontractor submitting the product approvals to the City Building Department. In addition there are se'feral delay claims we are reviewing that look to be about ten days. At tllis point in time we can only recommend that the Owner is responsible for the portion of Builders Risk to the end of January- Please look at the schedule as soon as possIble and provide the detail that would be required to understand the roof delays that are the responsibility of the Owner. If you have any questions. please do not hesitate to call. Sincerely, SCHENEKELSHULTZ - Cc: John Carr/ SSA Robert BonaguraJ City Wilfred Hawkins! City Craig Clarki City 0320802/ contractor outgoing G: \proj eets \0320000 proj ects\(j3~lJ8'O~\a~ttel'~'\tlS 2'080''lI'S~~~1JS!ettef)!920707 ["'})0)1(' ~f,l ~/')I)"7~I,;.'::; ~ . r;;.L,;( 56. -69'7-521 0 ... \l.l"\~!"\.\'.:;chtmkL:J:..J1Ul17..Gom I /..,rchhl.:c[L1r~ Li..:;cns'c !'-To. A.A-C()(jnq~"i 02: 26 200i 10: 3i. FAX56169i521~ _ ~CHEI\TKEL SHULTZ ... BOYNTON BEACH LB I4J 004 - . - c~mnsworth, Alter, Fowler, Dowling & French p, O. 80x 9315 Miami lakes, FL 33014-9315 (305}822-7800 Statement Sessoms Construction Co., Inc. 7485 Davie Road Extension Hollywood, FL 33024 Sessoms Construction Co., Inc, 1125 11/1612006 David Alter Raysa Gomez 1 of 1 COpy Thank you _ _ 9.,...~'_ _ _ _ _. . _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~l!l~~~ _d_e!!~~ ~~~ !~;l!r!,_'.y~~ p_a),!l!~l!t_ _ _ _ _ _ _ _ _ _ _ _ . _ 4" _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ d'- ' " , Client Sessoms Construction Co., Inc. S'!Sli.~J i""7"\:,lR,....""7'~.,.p~~"';~"'j11'iL1'\:r,....~":p&.) ("t':r(n~r~:?' WO', ItiThln';-v....J...=r5"J.:.~\o=.n_.-:: L;-.- n,~ .....1~,.;.{\l'.::.... )""I"'~~ ~'-.; - w -...~ ' ~ I; t,:~n_ t (0 r ',['~-:; t'{ (,,': ,"''; -",'-:71 .:r\O.I"~' -:.;--;-~ ~.::t:c=:-11:t'r:'"'7"\~)] ~:~.!~~ ,,~r.:,~J87~~~y.. ..~fu"i\.;fb~~~i!;.tj"'\~~~J., \"~~:~~~i~ ;i~-,~~ -: -=-~""';~~ ::<- '"II,. ~~ ,l?~~~:~~11 ~~,:;~~-j~~1 ~~~;</- .:: ~~'\i ~~,( ~'j'i~': ~~~1f~ ~:~~~~~'Y ~~}..:~:\I-;l'~~7f~.~j:tr);~H~,'t;I~,~_{t~~1 ~~~~4~i~f~~~~f~i~~~~t~~E,~i~lr{~:;;~~j~_~~j~.:;~~~t~J,i:i~:~~&;:r:~~f~f:6~~~;;~~~~~~~i:;i1:fi~s:iE:~~~~:~d~~ki Policy #ESPOOOB535-00 07/12/2005-04/12/2007 Crump Ins Services of Atlanta 76678 10/24/2006 Effective: 11/12/2006 Installation/Builder Risk - Extend coverage to 4/12/ Surplus Lines Tax Boynton Beach Library extension to 4/12/07 Invoice balance 77616 11/08/2006 Effective: 07/12/2005 Citizens Grp Assessmen Surplus Lines ,Fee Invoice balance 15,769.00 788.45 16,557.45 1,078.60 39.42 1,118.02 ,RECEiV ,fJ NOV l' 7--20 6 5 ssoms Cons' I'. Co. I \ Ll:ss than 0 o - 30 Days 17,675.47 31 - 45 Days 46 - 60 Days Over 60 Days Thank you Balance Due Upon Receipt. Call Lynn at 305-503-9151 for Financing. Thank you. L I Collinsworth, Alter, Fowler, Dowling & French (305)822-7800 03/01/0i THU 14: 32 F.-LI: 9544366i89 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG l4J 006 . Sessoms _..~~ CONS,TRUCTION , COMPANY, INC. : : ::=: :- -::: -=- _: .~ 7485 Davie Road Extension. Hollywood FL 33024 Broward (954) 431-7900 · Fax (954) 436-6789 REQUEST FOR CHANGE ORDER CG CB01134 MEMORANDUM DATE: November 22, 2006 TO: John Carr, SCHENKELSHUL TZ ARCHITECTURE FROM: Lee Sessoms, Vice President RE: #379 - BOYNTON BEACH CITY LIBRARY Bid #0 17 -261 Q-04/CJ 0 R.eO #061, Proposal Request #23, Project Log #162 Description of Proposed Change: Furnish and integrate the Trane Tracer Summit system (HVAC trouble alarm) to existing (HVAC Mechanical. Inc. 11/21/06 quote attached) Reason for Change: As directed in Proposal Request #23 (copy attached) Additional Cost: secl Overhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: secl Bond Premium (1 %): PROPOSED CHANGE IN CONTRACT AMOUNT: $ 4,771 $ 239 $ 5,010 $ 100 $ 5,110 $ 51 $ 5,161 PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days Cc: Craig Clark. Interim Library Director Bob Bonagura, P.E. Attachment: Supplier/Subcontractor Proposal LS/mb G;\379 - Boynton Beach LlbrarylChange Orders\61\Rco #61 .,_"".~"".,~,+_""~"",,,,,,"O~~,";;',,""'- 03/0li07 THU 14:32 FAX 9544366789 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG I4J 007 HVAC MECHA'NICAL, 1f\IC. 5181 N.W, '109tM AVliU'1Ue Sunrise. Florida 33361 Phone (954) 747-9199 CA'~A1S5511 F'lI: (95~) 747-9792 November 21, 2DO~ Ses:SQm$ Cot'l~trl.lr:;fJatl CompiIlny Attn: Llili: S.eSSOITl~' Gen tlfllrlf!lt'l, Re: Boynfan I!each Llbr~ry SLlbj: HVA C Trouble A/iUltJ Prop: 1# 3 We herllwi1h :;ubm/~ I:lt.l'r propO$aJ for the pefform4nr;:e of thesubjer:t 'NQrk. Our rJirll>f;t eOl/ts antS ."lowabJe mark-ups fOr fMs w,ork, u derailed on the enc:Josed bretl.kdowns sheer::, ;~: ~4,n1 The Work to be pem'J'7T.'~d t:Onslsts of: Fvmlsh tmd i"stall alll1laf&rla/s liS per Tranf,! quet/! Clated f111S1D5. E.rt:lus/OI1B; Cuttll'l(j' I~ ,f:Jatr;hln!J Prlcs b:i$et:I On field conditions as af ~ Z'l.Nrlv.2DD6 Any further PfOI}T't'JJ1!i ,of work by oth'lf t,.des that wlf/ inff!"'re With tfle Sf;:ope or thil; propoSSI, may nasI/It io addltlonSJI fltll.$. Please be advls~ri 'bat fI" mafMafs wlfl be ordered and no wt:lrk In r;onnecfton with this Request for Ch4nge Order will be p,erformed 'fntll Bu~h time 8$ wrilftlf/ 'Inheritatlrm to proceed Is rl!Celv9d In Our main office. Verbal instl'ric;tfons I" proc@ed will nof be aeceptetl. 1'h/s proposallhay bu "'lthal'.l4In If not atcupted In writing wIthin 30 days. The eost (If U 'lT1.~'l SlId tIm~ e.t't8/7$fon l'flql.Jest of !. calendar d>>Y(5) .&J:oe/.~ed with this. change Is For file dif'ect eost "f this c:h.ange offly. It deQ$ not {nofvde ."Y ffJdJrec1: costs for JnefficJflneies, tleJ.Yf, ;nteTff1.fence:s, ouf CJr'~:(lqJ.te"cEl workj re-mDblllzaffon.s or dewmobm;r.at/or'/B.. e)(tendad 11en",.", ar field conditions, loss of pro rI~'r:tlllifJr, or any oth.r Impacts eJfher to eo~r Or Um~ as . resuft of rhls or Dther ehang@g on thrt: project. Kolda(re, Jnr: expref:sly re.$l'Ves the righ' to make c:/./m~ fOf'thue tosts end/or time IiIs they are incurred tJ'f bllComll klJcwn. Re:;peC:tftJlly, HVAc: Meehan;cal, Inc. PlWlfrient ALJtHORfZATION TO /O'''~OCEED: HVAC MechanfCtll, Int:. Is h.reb."llJthorlzed It> P1'Or::~!ed with W(lr6;" ii$ Otltlinud In thlli propOsal. Formal wrftten ehangs ortJer fo 'ol/olli: ~Y: " DATE: 11/2l.106 TUE 19: 14 [TI./RI NO 7265 J O:.J/Ol/0i THU 14'32 FAX 9544366i89 "'1- CHANGE ORDeR PROPOSAL - "'- SUMMA.RY ....""" L 1 l.!:ln PrQjeet : Boynton Beach r.ibrary P1'O,~Clfal it ; 3 Gen(lrili' C'ofltraCklr: S"s9orns Con$trl.lc:tl(;lf) Company G" C. Proposal: 23 Log#162 Heferenca: HVAC Trouble AlliIrm /l'roJer;t Mat'lBger: Frank Date: 11121f2DOe .,'., ,PES~R!!:TrIJN .... o. P'!',., ~OST' .. : T.QTAl ' '.. .. .. ~ . ..' ; ., 1,,11 o. MATERIALS $ . ., .. EQUIPMENi REf\Ff.~L "" " . .!" -- TAX ~ 6.0% ~- , , . " .. SUB.TOTAL -..- $ $ . - --- ,'1. , .. , '. .. " .-, ,:' c SlJBCONTRA:C"r-Qft " .' i. ': ',.' ," " " .. " .....' '" ; 0, " ',., , '''' .. .., ," " " " ... -, .-..... SHEETMEr AL !" CONfROL.S -- 3.~92 .', , .. , , INSULATION .., '",. ,TEST & BALANC:I5- .. .. CONCRETE SU~~~ " .. .. , , ':,,, .. .. ,. ..' SiJe-ToTA~ --- $ 3,592 $ 3.5512 - , , ..' , , b~B~:.", ----.....-- . ,., :., '''. .',,', " ' ., .. .' " ,. . " , " : . . "" "'H', .'... , , .. ............. HOURS 35.00- Si '!' o.' ., FIELD LABOR ~ D !:!2:r s . " " ;." , '. FrE;L.O LABOR ~ ~I~le HoURS $ 37.50 . .' ' , FABR leA TION GtI,BOR HOURS $ 45.00 - , " .. MISCELLANEOU~l.':e,BO~ HOURS $ :$5.00 ' . I'" .,j' " ,;.\J " CASUAL l...ASOR HOURS $ 15,00 'j- .. . .. ., ' I" SERVICE rECH",iiW,N HOURS $ SO.Oo d, " ,',( \. . " ------ HOURS ;.. PREMIUM TIME $ 17.50 . .. ':! DRAFTING -- HOURS $ ?5.00 I:;. , . : ' , SUff.C/FIELD SUe~R\lIS1ON HOURS $ : : .. .. 31'-&2 . 'ii' . ..'i " TRUC~ING HOURS &; .58.70 . , , PROJECT ENGINE!E:R HOURS $ ,92.65 - .., .. " ~IGGING CONTR~:r5R HOURS , 165.00 . .. , "" .. .. ., ,,,' . ",', .... .,. . i'" i " ,',1' ," ":". . ' SLfs-TOTAL .......... -S- , $ . -~ , . : , , .. " '..',." ..;:, '-j' : : .. . ::/ ,:..>, ":. ;. ,. ' ." .. " ., .. ,.:..:.:.:.~ ..J: .. .', .. ...... .'" ,. " . ~. ~ '. ,", " .. , JOB,COS:r~~ ... '" ., .. ~. ...,' \"1' '.. " .. , ',', '" .. " .. '. ,OK' .,.., ., . , . ,. ~ I '..1 I'" " " .. ....w:w "" ". ... ,.. ,,, , , '" I . pe-RMJT FEe $ I,":. . ,,," . , GEN!'I=tAL CONDI!~~IS 5% $ 180 .. ' . ,,/. '".,'. " .\ I'" ';:"'; " ' 1',: --- ., . : ..1, SUB-TOTAL $ 180 ~- 180 --- .. .. " '.. . , . :l;\;"",,<,,;, ..'":' ,\ I ,,' "" ~-i"- " " : .. '" ,,/.: ." ... , .. .' , .. .' .. .,:1',,', " ' .. "" TOTAL COST T 3~ 77'Z ' ' '.. .. , O\IE~HE,a.D 111% $ 377 , , ';";' ..,,; SUBT01A.1. $ 4,149 PROFIT 11;% $" 62:2 .. SUBTOtAL $ 4,771 '.. BONe b.C1a~ $ . . ",' .., '," , ...., '\, .. " '" ",I" ". '-,,:', , " " ," "I"",,:::.. "" " " .. '....' ,T TOTAJ. 1$ 4",-, SESSOMS CONSTRUCTION . .----..-1 .. ......~ ~44 LIBRARY-CRAIG I4J 008 Change Order Proposar lit O~l HVAC Trouble Alarm 11/21/06 TUB 19:14 [TX/RX NO 7265] .03 /01 /QL~ THV 14: 33 FAX 9544366789 SESSOMS CONSTRUCTION ~~~ LIBRARY-CR~IG I4J 009 SCHENKEL SHULTZ [J D d ".'R c'H'f T'~ ~';r U R E [,J I? tl . . l~ Proposal Request Boynton Bea.ch Library - 0320802 Boynton Beacn city l.ibrll%)' 208 S. Sr.B.cJ:C!lt Blvd, 'Bo)'tl.ton BeQ~h, FL 33435 Ph~: (561) 742.6380 Pax: (561) 142~6381 Date: 10/10/2006 Number : ~ RCONutnber~ .. ~~ ~: To: Loe SI:,Stlm:l Sessoms CODs~tiOl1 Co. 7485 D~vio Jl,cL EJrtensioD HollyV.IDoc1. FL 33024 From: John ClIn: SchCJikclShultz 13oo:N. COflgrells Ave W Illlt Pllbn Bellc:h. FL 33409 Pll!l:\~Cl submit 11.11 itemiud quctatiol1 fOT changes ill the: CClntX1\ct Sum and/or Times iucid=hl to proposed modifiClltl.onll to the Contract DOCUIIlflnts described herem. THtS IS NOT A CHANGE OP.DER NOR IS IT A DIRBcnON TO PROCEED wIDI THB WORK. DBSClUBE.D HERBn-T. - DcscrlptiOll HV Ae TtoubJ.e Al:mn. NotC6 Revise: the 1!l~8ting Tracer Summit daUlbuC6 to neat the existing City Hall system and the new Libtaty system as a single Tracer Sumntlt "lIIitc:". ' Utilize City H'O.ll's existing modem and telcpbone line fonemoto notificatiOD of critica1lllllnnS from the new Library system, Provide ~ofwl!l.t'C labot to pIognm the OwnCll: dBfined Q1'inclIl aturn poilUs into the systLml alJd dial aut In rcpsomi:l to any of tha:se aWms 10 the OWAlr.:rll spclOitieci cell phonl!: nurnher(s). CommisioIllUld test an now or teVl5ed cJ:itical a1a.nn di~l ol.1t f\tt1etions. A- Attachments Owner sCBENKELSRtJLTZ 1-........ JI...._.,..,'_ fl/r'A WehlFonns/newPR.asp7Acticn-PlUNT &.P .A.RA="';COMMID:1 OO;MO... 10/10/2006 10/10/06 TUE 15:50 [TX/Rl NO 6878) 03/0liOi THU 14:3,3 FAX 9544366789 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG I4J 010 .. Sessoms _~ _ CONSTRUCTION , '. COMPANY, INC. ~ -'~, :::- . :: :_: - : - : .:. 7485 Davie Road Extension · Hollywood FL 33024 Broward (954) 431 "7900 · Fax (954) 436-6789 REQUEST FOR CHANGE ORDER CG CBOl134 MEMORANDUM DATE: November 15, 2006 TO: John Carr, SCHENKELSHUL TZ ARCHITECTURE FROM: Lee Sessoms, Vice President RE: #379 " BOYNTON BEACH CITY LIBRARY Bid #017-2610-04/CJD RCO #058, Project Log #168 Description of Proposed Change: Add four TV outlets on column for flat screens (Eleon Electric 11/10/06 quote attached) Reason for Change: As requested in Proposal Request #21 (eopyattached) Additional Cost: scel Overhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: Seel Bond Premium (1 %); PROPOSED CHANGE IN CONTRACT AMOUNT: PROPOSED CHANGE IN CONTRACT TIME: Three (3) days $ 1,523 $ 76 $ 1,599 $ 32 $ 1,631 $ 16 $ 1,647 Cc: Craig Clark, Interim Library Director Bob Bonagura, P.E. Attachment: SupplierlSubcontractor Proposal LS/mb G:\379 - Boynton Beach L1brary\Change Orders\58\Rco #58 03/01:07 THU 14:33 FAX 9544366789 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG 141011 elcon ELECTRIC INCORPORATED bTATE llc~NSI'1 EC0001n; ~ 3DOD PARI( CEmRAlllOUl.I!VARC NORTH . POMPANO BEACH. PLOf<lDA3.1O~4 I!EQUEST FOR CHANGE' ORDER Bt\OWARD (llS4) 979-54~S FAX (9114) 1179.5449 PRE.CON FAX (!l!!C) 079'1311~ November 10, ,2005 Job No,; 5602 RC.O. No.: 08 R.F.~. No.: SESSOMS CONSTRUCTION 7485 Davie Ro,~d HOllywood, FL :33024 Attention: Rl)bert Seott Project: Ef)Yhton Beach Library BOYNTON BEACH, FLORiDA Reference~ Added TV outlets 2nd floor on column. Gentlemen: We propDse to iI'lcrease our contract total in the amount of: ONE THOUSAND FIVE HUND~ED lWENTY THREE DOLLARS AND 00 CENTS ($ 1,523.00) for the fOllowing: PropOS<!Il: Furnish and instl1l11 additional electrical work in accordance with the above referenced drawing. See attached for material and labor breakdown. TOTAL This R,ec!uest for Change Order $1,523.00 STIPULATIONS: This proposal is based solely on the usual oost elements suth as labor, materia', and normal markups and does not include any amount for additional changes in the sl~quence of work, delays; disruptions, rescheduling, extended overhead, overtime, ~cceleration, and/or impact costs; and the right is expressly reserved to requHst an equitable change order for any and all of these related items prior to final settl(~ment of this contrac;;t, General Contractor INork not inclUded (concrete, trenching, chopping, painting, etc.) unless otherwise noted. This prOPOSal must be accepted within 7 days, after which time it wlll be Subject to escalation, We are currently requesting a time extension ~ tz days in conjunction with this change L8J We wit! be pleased to proceed with this work upon receipt of YOLlr change order l='age 1 of 2, Reo www.elconelectric.ccm \ , U/J.a/DB MON 07: 54 [TX/RX NO 7159] O:J .' 0 Ii 0 i THU 14::J :J FAX 9544 :J 6 6 i 8 9 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG !4J012 project Name: Eh,ynton SH8ch Llbl1lry Oelle : 1111012006 Flea ~ e Estimate #~ Se02 A.DDED TV OULETS 2ND FLOO~ ON COLUMN Material from Estimate: $308.00 Slralght Labor Hours from E:stirnate: 17 Overtime Labor Hours frol'Tl ~stjrn'te: 0 [Material] [Lllbc>l') Rate % of hours Is:.;: 6,0% $324.38 Straight Time F-man @ $65 40% $442,00 Ollerhemd: 10% $356.80 Straight Time J-man @l $47 50% $~99.5D F'~e; 5% $374.64 Straight Time App.@ $40 10% $68.00 Overtime F-man @ $66 0% $0,00 [Tota! MaterIal]: $374.54 Overtime J.man ~ '62 0% $O,QO Overtime A~p.@ $52 0% $0.00 fretill Labor1: $!lDUO [prcJIltc:t QUt1t~..'Ex;prm=s (taxable)) [Pl'oje-et ExpenSEs (non.taxeble>J Switchge.;~r; $0.00 Labor Rete % of hours Light Fj:(ture:s: ~O.OO Project Manager@ $G5 5.00% $55,26 Fire Alarm: $0.00 SLJplilrintendinl @ SeD 7.50% $76.50 Backhoe: $0.00 esUmator @ $40 3.00% $20,40 I H.md ElI;~vation: $0.00 Clel;lO-Up @ ~1S 2.00% $5,10 Material Handli(1~: $0.00 Inspection Cocrd;l1stlon@ $-.5 1,00% $7,6S Conc:r&(e CUltin;): $0.00 SSferyl'rra/nll'lg @ $60 1.00% $10.20 Scissor Li't: $0,00 Drawing6lAs bLlilts @ $58 ',00% $Q.BS Ra-Inspet;lloh fe,~: $O.OD Admrnl7$tratlve @ $25 1.00% $4.25 Tempor.ilry POWl1r: $0.00 LayoLlt@ $25 1,00% $4,25 Sum expense,,: $0.00 Sum E)(pen~lis: $193AG I 1 Ta:c 6.0% $0,00 Olferhl!llld: 10% $212,81 I Overhead: 10% $0.00 Fee; 5% $223.45 Fe,,: 5% $0.00 I Subtotpl: $0,00 SlJbtotal: ~2~3 ,45 IrTotal Projq~tE~~~n$esJ) $223.45 trotal MlIterlal $374.64 T etal Labor $909,50 ITDt<l:1 S':pal'lses $223.45 SU8TOTA.L ReO $1,5D7.&'8 BOND(if ap~lIc2lble) Rate: 1.00% ICTAL BOND $15.08 'TOTAL. AMOUNT OF f{C:O: $1.522.66 - 11/13/06 MON 07:54 [TX/RX NO 7159) , ......,.,.""~...""~,~'""".n~...lo!>"',_'"","#'~.,"".". OJ/OUOi THl1 14. 'J4 FA'X 9544366i89 SESSOMS CONSTRl1CTION . .."1..0:. __'_1,,11.1 ""~~LfIC; ..., BID TAKE. OFF DI.:TAILS - FORMAT 2'" '" · · Job: Boynton Seaeh Library · ~ Job Number: JCRO!l6a2 ~ ~ Sid Pate: 6/24/200& ~ . P~ge ~ Ohte 11/10f~OOG ~~4~l~5 ~M 4-t-+ LIBRARY-CRAIG I4J 01J O~rort t/o hft:!t TV' I.UMN Mi .~cell~n"rm~ It!:l\ls 0.00 1 HeLl!: STflJIl' O":Jii .~'~ -- -..(~ J 14" EM'!' ~.OO 0.070 .3/4" 1!lMT cOllI' CQij'P Sl'ET::r.. ~.Oo 2.~'1 lO.~.~! 0.063 iJ,25~ 3/ q" EM'r CONl'l COMP STL 8.00 2.1.57 17 ,25" 0,061 11, ~~o )/~.. em CDN1:rnT '11'),00 1.7,32 ~9.2.71 0.040 l.600 o 1 otlO 1/2h EM, 40,00 O.iS~e ;15.11') 0.038 1.500 1/;:" IilNt ~ lfO::,;E STFl.!lJ' ~.oo 0.243 (l,no 0.060 (\,:140 1/2" E~T CONN COMP STL e.OO l.5~4 l~.;nlO o ,OM (J,SC4 l/~'l EH'r COOP COMP 5'I'~EI, 4.00 Leu 7.H4 O.O6~ n,:248 3;:'000 Qunt'r ~Ql\ NJl'l.EX I'I.fJSH ~.nCl 8.e04 ~S.~J'7 0,8,% :J. 34 4 DUI' J,:.l!:c <'IoATE 113 IIlO:F.Y 861)03 4.01) O.3~g 1.. 3!l! 0.056 u.225 H052 Q" ~ox Wile Mt~RING S.OO 6.290 ~O.jl:l 0,795 f.'.J6;a ~12 THfll'l cu ~F\ 400.00 0.240 $1:'.850 O.OO~ 2.000 Totals 3!11i..!iD 17.Q4 [~rl'~:l:::'::."'.' ' :'~:'''~'!I~I''~'! . ",'.., ;,,\,~I'J~ ,'~ ,Q : 1 O..ta : ',110J2008 I!b~lIl$S ,,/'of 11/13/06 MON 07:54 [TX/RX NO 7159] 03/01/0i THU 14;34 FAX 9544366i89 Proposfll Request SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG I4J014 CHENKELSIDJLTZ ,-,0 d A:,R.'c.,h't:eC'TUR'E 000 .., 0," I. - . proposal Requ.est ~ - Boynton Beach Library - 0320802 Boynton -a each City Libr~ :ws s. Seaere.rtBlvd. PhDD~: (561) 742~63g0 Boynton :Beach, FL 33435 Fax; (561) 742-6381 Date: 9/21/2006 Number: 21 :RCONumber : . -~ --All 'fo: Lee S~SD{ll5 Seiiscms CODStrUr;:tiQI1 Co. 7485 Da.vie Rd.. Extension }!ollYWood.. FL 330:24 FrllM I John em Sc:hCDl:;elSh1.lltZ 1300 N. CQ11gICSs AVa West :Palm Be&Qh. PI.. 33409 - P1f:llSD liubmit an itemized ~uob.tion for changes ;n the Contra;t Sum andlo. Times meidenbti to proposedmodifir;;ations to the COIl:tnct Documents described herein. w U U~ THiS IS NOT A CHANGE OlWB~ NOn. IS IT A DIQ.EC'I'lON TO PROCEED WITH THE woltK DE-SCRIBED HIUtBIN . DC6c:ription Four iUr.t TV Screens on Column in lobby p M .. If WI t~5 wee SKE602-2 Dated. 10/23/06 md SKE301-6 Dated 10t23f06 b.. J.t - A.tt~chlUCllt~ ~~ Ownu Il_J SCHENKELSRtJLTZ , ~_"fJ~_ ~~, .nll""'!. \}J,..'hrnnrrn~/newPR.asp?Action-PlUNT&P.ARA.=;COMMID:l00MO... 10/30/2006 10/30/06 MON 16:50 (TX/RX No 7036] OJ:Ol:Oi THU 14:34 FAX 9544366i89 SESSOMS CONSTRUCTION 444 LIBRARY-CRAIG !ill 015 \ I. H JUl,Tl)lQ; "'D NIP 11.\.1). LUG lDt.LnOlt llQ'I1tIIl A.~c,: 35'!: '~AN EL: l!!t1l~ n lSElRvtctt ~_.~. .w lLDt1ll'rIJiQ: _At( :..: Tn"$ "= ~ , ..:x:t E:QulP~itolT lCVA ca:r.9IC R SUMCH ClflCUIT II' ~i~T '(.VA ~~ IIItLMCti ClltcUIT NO. snV~Cl pO\! ill . "IGNg-t "0. SER\'El' -. M \DICPI C; I!lV1 - ilK It'S liIl> 1m I ZD It 2 ~ 314' ~ I - 1!lI113, 12l I !.II 1 151 JO 10 t. V~' 1 ~ 1((J:LPi - i't 1~ l.IlIl I 2\1 1~ III 1! ~/I' , .. . t:lI123 171 1 I!ll JO 10 tv 314' eo I~t ~ RII I~ ,gO I to III 111 10 3/4' " , llEQl'T - . 1Q3, III .~ I Zl 1. III ID ~4' T 1Et!P'l - IlII \51 Ji t I!l) I. 18 It a/~' A . .flECtI'l ..Iii 105. l23 J2 L III ]a III ]a a1~' 1I Ilc:tl'1 - ili 1!1 ,JIi 1 211 1D III lD 13'4' . 111 IIlmJII - llJl1ii&: ID' .90 Ell " III .1 314' l~iE - III I~g l~ 1.08 I l!a II II It 3/4' C 12 llI:EtEPT - 1llI tD'7 Nt. UIl 1 to 10 JD It '3l4' :s _~ID!. 8D 1 2t It lD I. "4' .. 1" 1_' - 1lII~ IlL 1):1 .n 1 I!II HI 10 10 31f ~5 - Rll lat .90 I 21 III lID 18 )14' I U IIlECtPT - llll nfOlrlU ',. sa L 10 18 /0 sa ~4' l1-III!CEI'! -RId IIIl. -;ft I 2\1' lD 10 Q ,0114' C lLlllIDfT - III-m ,'t :!II III 10 10 a'.' 1$1 liMlfl<<j .B4 1 ~ . B II t' .& 10 II(ttfI - RII 114 J2- L IV 10 111 0 :V4' ", ~TG .. 1llI1l':4. 1?i .'1l I I!l) I~ 'Ie 12 3/4' . HISPIIE 1 2D z$c LTG - RM 116 .". I 211 Il! II! 12. :S/.' II u.\.TII- .-m l..lO 1 III -Ill 10 10 :1'l' ~ LTG - I!I!i 11'6 .i5 I ill III 18 no -31f .. UI! I 1D &r ~7 ILtll- RI'i Ii!(, "" 2D Ie II I~ 3/4' , II e III iJf t i!II 12 .~ 12 3/~' .::11 'lElLVlfIIJS :n. Il Ii! It 3'" 'l... at . . :: L1' ~-Il'I'II23 -m r III 35 IT, - 11\1.1. VU .5, I U \0 18 3,.. e 129 I II 18 18 ID I '31~' :17 1li - IlI\ IDlHO'J .4.'l I 211 II 11 ~ 314' ... n ". I ZII 5i l1ti - lll\ 11ll--11~ :$I I eo \0 10 W 3/4' I 4il LTG - RtlIZ3 U, 1 -m IA In 11 ~4' <11 Lm - 11\ \17 J I fV It ID 10 3/4' C .&:l. pIllE r l'll EQUIPMOlT stllvtD CONN. LDll;l Lt OF" DESIOM LOAD JOltollJiS, R~emH:l.D; 10.llII ,m IDIo I V"'D'lAI1r~ 1:i.'ll 'StJo 7J.1l _ 1'9<<NI1It CAOLItllI /il.& .. NEIJIlI,lt. II\JS. ~ awl lX .'13 _ ~t. Tt'l't lIllnml ~0Rl'. iir~ 2&17 llS 3!i.l!1 _ ~'" IIJXI; MtlU;W WCl5. (.)f6l111. I~ lU.n 1m lIl.7P 11/ ~"C. TOTAl. llS.'711 ~VI SPARE PAN EL: H ~,\ TtNt1; oi/XI~II.I.D. use: 1DU11Q)l: JI)'!1III ".tc.~ ~ ~ (lEmIl 1) z!lli\l1l:E: 1ZlIDV, ~ o\J ~tltlN'l'nl"Gt 5IIlI'ACE TYPJ:; ~ cl'J' EQUIPWalT l(YA CKT .lJli:l BRANCH CiRCUIT - ttCT EQUIPWtNt "'VA c:lt:T JllCll I.NCH CIRCl,lrr HO, StRVED ~LE ,TII , MIlSWOr: NO, stRYtO I POlE ! 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LOAD IF Dr DESiGN LO.O \ttWU!lS: .-.. ro: AIM. -l"I\lMlIt OIlOUMII WI '" lmJTIlAL lillI;, _ ,...,DE ME WIlITlDl ~, . _ l'IlImD( !IHUl1T 'ml" ""~ & lClT1L SPARE REVISION: 4 - PR#21 TV RECEPTACLES PLEMENT TO DRAWING No-: E602 TLC JOB Nc"~ DATE: 10/23/06 m~== DESIGN: SBe COCoa, ,.,. au22 r.l-fRr.KF:l): SBe ~1.~lf!t~~t =~~m PROJECT: BOYNTON BEACH CITY LIBRARY 503084 SCALE:NTS SKETCH No. SKE602-2 I 0016 10/30/06 MON 16,'50 [TX/RX NO 7036) 03/01/0i THU 14:35 FAX 9544366789 J \, ~ ~SOMS CONSTRUCTION -H4 LIBRARY-CRAIG , ok, '\ A / · '" L~9lBUTIOll.J /v;-, Ii:, \-~~~O// ,,,,,,,,,,:".:~~/~ """"- ',~~ \ 0 0 J 0 '" ~\CD / '" ~ f4J 016 )) "" ~ o :r=O \~- !~ ~ " \ \ \ \ \ \ \ -~ \ --- --\ \ ~ " @ --:;: _.-:--"'- REVISION: 6 - PR 21 TV RECEPTACLES PROJECl: BOYNTON BEACH CITY LIBRARY i < '?LEMENT TO DRAWING No.: 30B4E301 TLC JOB No.: 50~OB4- SCALE: 1 8";=.1'-0" \ DATE: 10/23/06 m m-D~c:::r SKETCH No. DESIGN: SBe 'CDCQI, FIeri>>. 82822 SKE301"6 CHECKED: SBe fAli~~lJ~: ::"-=~~m 10/30/06 MaN 16:50 [TX/RX NO 7036) 03/01/ Oi THl1 14: 35 FAX 9544366i89 SESSOMS CONSTRUCTION ~~~ LIBRARY-CR~IG I4J017 ~- SQSSOmS ~ -- CONSTR(JCTION COMPANY, INC. .. ---.: ' ~ ===- -= ~ - ~ -::- ~~ ' 7485 Davie Road Extension · Hollywood FL 33024 Broward \.2.54) 431.7900 · Fax (954) 436~67B9 REQUEST FOR CHANGE ORDER CG CBOl134 MEMORANDUM DATE: November 8,2006 TO: John Carr, SCHENKELSHUL TZ ARCHITECTURE FROM: Lee Sessoms, Vice President RE: #379 . BOYNTON BEACH CITY LIBRARY Bid #017-2610-04/CJD ReO #057, Proposal Request #28, Project Log #172 Description of Proposed Change: Furnish & install one 10" Zurn Z199 downspout nozzle @ emergency overflow drain (RL. D'Addio Plumbing 11/08/06 quote attached) Reason for Change: As requested in Proposal Request #28 (copy attached) Additional Cost: see! Overhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: secl Bond Premium (1 %): PROPOSED CHANGE IN CONTRACT AMOUNT: $ 897 $. 45 $ 942 $ 19 $ 961 $ 10 $ 971 PROPOSED CHANGE IN CONTRACT TIME: Two (2) days Cc: Craig Clark. Interim library Director Bob Bonagura, P.E. Attachment: Supplier/Subcontractor Proposal LS/mb G:\379 - Boynton Beach LlbrOlry\Change Orders\57\Rco #57 03/0l/0i THU 14:35 FAX 9544366i89 SESSOMS CONSTRUCTION 444 LIBRARY-CR~IG I4J 0 18 I II I R. L. D'Addio Plumbing Co.~ Inc. 1125 Cr~twood Boulc:vtlrd Lake Worth - Florida - 33460 e--mn il; !"liJll;'l'itc@hcll~'.l~\.~l1.;nPl. PhOlle# (561) 582-5500 FllX# (561) S85~6474 CF CQ57296 vi~it OllT website at: www.rlooddiotlluttlbco.con1 CHANGE ORDER PROPOSAL I Customer.......: Sessoms Construction Teday's date.... ....:November 8, 2006 EstilTllltor. . _ '. .: Lee Sessoms R, 'L. D. C.O.#._: NOV.02 Phone it .,..... :954-431 ~ 7900 Draw~ title.. .....:. RFP #28 Fa-x #....,. _. ...:954-436-6789 Plans dated",.. .....: 11-26.06 Job Name.,. ...:Bovnton Beach Library Architect......... ....: Job Address. . ,:Boynton Beach En):!::inocr.., ... ......: -----_............._--_......-_.._-----.....----_..........__..__...--~-_..._-_........._.._-...... . ~~_______________M-__--____.______~__~.______ . Scope of work; A., per your ta.xed request dated 11.8.06 we an: submitting oUr proposal to Furnish and Install (1) J 0'" Zurn # 2199 Downspout Nozzle @ the building wall tenninatlon of the emergency roof drainage syst~m. For your mtbnnation and use fmd oU!:' worksheet # Pi dated 11.8.06 dctailmg the necessary material. equipment and labor required to :make this extra work complete, .....Hi\~Glt OR!)t~~ PROI'OSAL~ $ 897,30 NOTE#l: Please:: notify our office:: in writing nsto tbc acceptance of this proposul so we may schedule this extra work into the present construction schedule ....... ...._______11I"11...._________...... .........------ ...---__ ________.............. "."'''1'''1''1 ~___.._____________..._____........________________ __!"'_. ________________ R. T~, D'Adclio Plumbing Estimator: Louis O. D'Addio Approyc:d By: E;.:clusions: Unless as noted above. all of. Ilia follOWing are excluded; Addendu/'fls, Dewatertng. B(.Jc.'~Ji1f, Overtime. Wiring, Cutting and Patching, DernolRemovaJ of Debri.i, Conc:refe Work, Laboratory fees, ^ 11 ~1:.r.~llI"lILS nr" <l1 n~llI{!.el\~ ~pOIl str ikCS, il1~<rli:I,\;JIIel;>, ~t;elrJOII~ nile) oth~' \lllll ,ojJuhl. ..tohIY. bcyoml DI1Q .;w.r which welw 1'0 no <onunl. An l!lI!illl;,l... "'t)cl,,",~ e:xdURivc of 'ock ~Cll"D,ion, li>:timuc iR good for 31,) linys Itrlln llx>vcdJlte, Alllll~ll.ri(lls nn<l "qlllptllcl'l! ili:Hv.",cl r.>r iI\R~,l1~rJ .lk.ll tamllin Ih II,,, fI~ln. ur1l L D' ,;,IJio 1'IUIlIUillG, Co" fll., uIltif lillly ""ill lor. "We al'e known by r.he Companies we ke~r>.., ,.. ....., __, no ...Servicing" PIC-lie C&rI1f1EP 11/08/06 WED 14:18 [TX/RX NO 7128] 03' OliOi THU 14: 36 FAX 954J3.66i}_9. -- '-.......-~.,-_. . SESSOMS CONSTRUCTION L1b(?~ - A-DD t~ I!~T:.J - f?-;o t.f J.) 'to ~ ~.,.. r,d .., WI,50~ JONes 01:>0' G<>1.I1Il1W.",.. ::- I ,~roue, uJ~\..L ~~o~ ";i:, rDfP,.S.':.,0 - t~ - B J f II o-"r'J , I a"\JJ~.(..(.Jl.A.:rt.. - A..;r .Jt~ LA.a. J \. -1-.i 0-. i;:~~ , ::J, r:::-, ID ,1,SM I.I.} (., I, ilf... ~::~,! I 11 11 11 I' I~ I, In I! <0 ?I II Z' Z! '4 Jj .urr n (... '\4-.1:<" r..-.lC ~ ~ 2\ ;:oj ~7 ~~ 211 :\j I I ;jJ jJ :}; :lL ~:\:,~~: l,:".. :'l) ~:: 2:' ---- :l9 " \ -"---:0- i. I~ ~. ~~~ LIBRARY-CRAIG r ~D'~~W~rN:~_ Cl \ 811ulA'il lake Wgrth, FI. ;i34eo lj,~ ~ ~,t" .\~\ ~I?,f ':!; ~. : " l' : " \,' , ..,1 ..'~ '. :""'- '.;.;:::,*,- ;:\ ~':~ itlJ ' ~. 7'~1 l~ n.:::: ~ t='e r (i') lOW! :?;JIIk E ~ 19C; I rj,JJsp--;;;;;r ~.~ ~ r=.J\IIWc..C..Jc:...~ ftn"";::'-\')f.l.'J) d.i::!.fi-- ftI', ()v~;,,/ t. uJA..u"" t1~ PJ/...I1... _ R.J':: e a.. 2, ~ I ~ ~;r-t!.t J - t - 0 l- I \.()-- ~j Cl.J ~ ~ 1'1'1 ,Jcur l,;::L' T~ '1::' :~:~: ,:.:~~: ",) ~~'i? ;~~.i: ~"" 'f .... ;\0 ~~ r[ ~~i,~ ~. "i,i,. ';~1r I~~~ I. :0; ;i,..,:. "-, '.::of' t. ,~ ~~.~,i' i~~:~;. M' r.:: ~ ~~'i. Il 9..1 ..,. 1//, I' .1 " :'1:; :1~i: t~;l1 ~ '/, ~,' ::' .... 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'I L<:' ~TiQj Ie- .".' i" _c:;. ?fi;- ~ . Ct ....r"J.....J S0PPO~' /SJpt c.. ',:II=.€ ;.:~. -;.:~ ?LALJI lEfDV\~ M,~'r- '.'. :.'~; :1' vii A..ce,a00 .. I...) r~ ';. .i ~ 0 - -I E.'X.Dk~ .... f / CAil.-'Tf\-(;;.fC ~ ~ ~1. .. - - 11'~ ~:' _,~ ~~. ; ~f ...,. 16-~ 6d()&.{)'~. / r ...;, t,~...... @ S~- ~~.- - " 'irI ~~...~....., " '.... ! .. '.; :,. 0':: I :::/: " " 'j:' tr/' 'I ~.'" '" Il"':~ __": 'I ...' u In n / rj r: 'jo,' .... .,., .. Ill' "'b',', ".' " .. .... :~ :';'..:: , " 1r1i1ift1! 4~ "il ',' .: _I.: ~,?_'::Im.. I :;:~~ ~~ . ~~'" ,': :f~..~," .' :z; ~~ glQ; $ 1::l'r;7~:~b ft ....." ';1 ..,; '"\' "11~' ',,' I'H 1::",,:,:,,-- ' I. \ '. :, ~ :- 2Il . "J. 'i:-' ....... ~ . ,";:; ... I,~~ ..... ,'::;, '..\" 'i, ',/' I.,...., ",;.- -,- ,,',\ '. , ",:', ,'" Wi.lI ... ~I." I) .':;':. ~ "to I~~ ~ '.'/~ I ~~ ~n t1 ',If ",' ,.. " ..~..:- , " : .' "::: ~.: .:! ',," " 'I,' .,...... I," ..,,' .. . ~, ;,., : .: ... ,;..... ..... :....i. I".' ,", " :~ .',' " ; ,:'.~ "', ' 2'l :' \/ .~..... .' . '" ..-:- ." '.'l.\' ',0" 1,1 '. " ,,', ..' " .:.:. -- ..... " '~I ".. ~ 13 "". :!7 .--- - - 10 11/08/06 WED 14:18 [TX/RX NO 7129] I ',,:, ,.' I . 03 i OL'Oi THr ~4:36 FAX 9544366i89 SESSOMS CONSTRUCTION .. ~~~ LIBR~X-CRAIG I4J 020 > 1"roposal Request , S'CHEHK~LSRULTZ o t:1 D J\. Ft c}o(,'.1 T'EC:r lJ"R E 0,00 PrOPQsal Request Boynton Beach LibrarY ~ 0320802 'E\o)'l)ton 'Beach City Library 20B S. Seacmt ~lvd. Boynton Beach, FL 33435 : Phon~ : (561) 742.6380 Fax: (561) 742-6381 Pite : 11/6/2.006 NumbeI: 28 IlcoNumber : ~ To: Lee Sessoms Sessoms ConstnlctioIl Co. 7485 Davie Rd. E~1:ensicn Hollywood, FL 33024 From. ~ John Curr Sc:henkelSlmltz. 1300N. Congress Ave WcstPI11mBeach. FL 33409 P1C1l6e $.u'bIJJit il1I itemized quotation for cb;,nges in the Ccntra~t Suin nndlor rimes inl::idcntlll to pJ;O'poSll:'d modificatioN to thE COIltnr;t Documents described hcttin. Tl'iIS IS NOT A CHANGE ,ORDER NOR IS rr A DlB.ECnON TO "PROCESl> WITH THE woIUt DESCRIBED H:EREIN, JDi._ DescriptiOTl Downspout No'Z:t.l11 - . NQbs Furnish..md install Zurn. Zl~9 Dow.Dspout nczzlo at cmegcnc)' overflow drain Cut Sheet:! nttached Attachments T~ Initiated by: O'o'lllcr I [7 -- -"" J 0 bII Om SCHENKELSHOLTZ '.. ./1._ __I .dll' "Y/Jpr.ml'\nn~/nflwPR.aStl?Action=PRINT&PARAlId;COMMlD:l00;MOD... n/6/2006 11/07/06 TUE 14:14 {TX/RX NO 7104J 0,3/01/07., THU 14: 36 FAX 9544366789 SESSOMS CONSTRUCTION ~~~ LIBRARY-CRAIG I4J 021 . Sessoms ..~ CONSTRUCTION ~ COMPANY, INC. . "" ::: : ,- : : :--= v ::...- 7485 Davie Road Extension · Hollywood FL 33024 Brojy,~d.. (2211) 431-7900. Fax (954) 436-6789 REQUEST FOR CHANGE uttDt:.R CG CBOl 134 MEMORANDUM DATE: December 12, 2006 TO: Sam Ferreri, SCHENKELSHUL TZ ARCHITECTURE FROM: Lee Sessoms, Vice President RE: #379 - BOYNTON BEAcH CITY LIBRARY Bid #017-2610-04/CJD ReO #063, Project Log #179 Description of Proposed Change: Raise drainage pipe between structures #7 and #8 due to conflict with FPL line (Omega Underground 12/11/06 quote attached) Reason for Change: As directed in RFI #109 response (copy attached) Additional Cost: seel Overhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: seel Bond Premium (1%): PROPOSED CHANGE IN CONTRACT AMOUNT: $ 865 $ 43 $ 908 $ 18 $ 926 $ 9 $ 936 PROPOSED CHANGE IN CONTRACT TIME: FivB (5) days Cc: Craig Clark, Interim Library Director Bob Bonagura, P,E. Attachment: Supplier/Subcontractor Proposal LS/mb G:\379. Boynton Beach L1brary\Change Orders\63\Rco #63 OJ/OliOi THU 14: Ji FAX 9544J66i89 SESSOMS CONSTRUCTION ltOt~ VN ^~/~~J G~'~l NUW ~V/II/GI ~~~ LIBRARY-CRAIG I4J 022 4i& N.E. 10th streGt Bact Raton. Fl 33432 Offiea (954) 596--9935 F8X(9S4)~281iB84 UNDERGROUND INC. TlA-~ 11. '2006 Lane Mo1an.ey ~ Construc1iOl1 Cn~, 1M, 7485 Davie Road Exteosion Hbllywood.. Florida. 33024 RE: Bo)'tIIDn Sc:ach City Library ClWIae Ordc:r: Req,uest Deur 1.ane. This letter ahJ1l ~ as a ~ 0. ~ tin the dramago pipe c:n~ /liC!t wi1h thD FPL line at tbc above ~ project. Pm- Rf'! #109, tI;l nQse the mm.e pi~ 211 betw=n struc1urell #1 SI1d #tl Ih= opelliDp in the ~ wm b4Wl fI) he ~~Uicd in three lcl:alions. DR.AlNAGE~~D ll~ CONFLtcr -rSTRUcnJllg MQrPmJ CATIQN j Saw Cur s~ Brick _ Cclmcm I..abor TOTAl., ADDmONAL- rost....il.."........ ~........ ............."....,................IIIII.SI65'OO p~ fotward a c:baDge Older in d:le CIOunt ot SI65.flO a:nd. do DQI: h=liti ~ 'tD CD!JDtc:t mt; with any queWoru:. ~~. vie! hWmtiM Omep U~1.IUd.lnc.. :::d ~:iei ~ n ''':a;! ~~~-~S6 ; 'Cfo( XtI.:I '~l ..~ ~ : L.(J~ P.n/flO '1"l'dr1 ), -qt-Jn.,n~J'1Ntll I T"'C7CI TQC ~~~hT ~~~7/~iI7T ,~.,.....,,~~>;!W>i..~\li;Joi~_"":',.";ii';..'''~,.,., ., 03/0l/0i THU 14:3i FAX 9544366i89 *.L.tU....)f_.....~_ ...._-.., .-.--.,,---- SESSOMS CONSTRUCTION eaNsDa2~Il:Jll -H~ LIBRARY-CRAIG l4J 023 ~_M ._.~ !~ fFR ~\!;(eJ~ilfE lD) ~ ~', DEe 0 4: ZOOS ~ -. - ljl;/04rn~ ~8r. S!-IlJLT.Z.lNc. ", -' ':.l!1"~"" .....~~I'.':01 'IJI!~~,.;.,-' '. ~'''''-' REQUEST FOR INFORMATiON 7dAS C3\li~ f(.Olld ~te.n$IQn * Hl:I1\ywco.d 11 ~'!oCl~' 1!~a'W.Td (954) 4'1..19OD · FB (9~l a &.6719 C.Ci l1J4 TO~ John Carr ' SCMENKl5l.SI-lULTZ ARCl'(rreeru~ ,aQa Nllllth Co"~ A.wmtJa W~Clt Palm Slr8,d'I, FL 3340; Jce Nca.: RF1 NCI,~ DII1e~ Pl'Dlect NI;l.~ PRQJECi: 3TJ WI ag 12-Qa.OB on-m'\o..o4JCJO e~flIri1:srVR.e:m~Qel Gf BDy1lton taB1len Clbr Ubrel"j 17- S8'l.6Qr.~"li'l ~1.ea7,S2"\O {aJ; t:lA.TE 1I'lPQ~MA"fON REQUIR5D! /i.$14P CA.TEGORY: In(Qrma~cll'l not ~hown 0" Cantrael Or8,.ln915 In(e/'TKeUlfiCln cr.Ctlnb'attl. Dmwlmlli ~l'Ifll~ In CRhtraet.lbqultctTIent x. C:CQn:lih:atlon problem p~!ed: LOQ . .. J:tSFEReHCE: Contr_ct Dt"2rwing Re1'8rel'l"l ----::. S"'C1~ DI'JIWVlIiP ~rrferenCllli Specl1ll:lidion Rem~nc;e Olt\itf' DescRIFno~: Attach,=cl is Omega UnckBtl;IrD~nQ'& ,2IDoCIoe TnRmC t9gI!Il!ilns canftiClt w)\h dftliNigCl ~j~o 1I!1'Id. F!PL llrle betw n 9.\rUctl.ll'~ #fill. #S. A !'eIllaIUUl;ln Is n~DC!"'t$, . m~a~ POMlrrg y~~r I"'SF')' ~'" lLI'1I ,,~iI'1D lot foll~wl!I: ... A- Awelling rl!lSpon~e BY; L.ae SlJnl:lms~ V1~e PruldlUll fteFL "1':. /(.A 'f.-~ f A/lIlLIJ... . ;; 'f' ?1;. /(.<<~-fI(. "t"... S ,/",,,, Ir._ ~1:..~f!:. - ..!!: rAi.;P ~ S '1'W.. "~.u.1. ~ I,. c ~_tle. -e> If ANSW5R.eD B'1': lOC: crilll1 e\:rrli!. Interim l.ibl'1:ll'Y Dlrec'lnr f"lft BD~ura. Erigtr1gcrln" De~ 'Fl&ld Q~Al-J 6- iI.-.tf- J p, .!. l~e""4t:.T ..'f"'''U;~ "'oJ C'-D/"-1 ~ r:.. . . l2/0G/06 WED 08:10 [TX/RX NO 7357] 03/0l/0i THU 14:Ji FAX_~?11~.!>.EJl9 ~L( U~I~~~~ UU.~" SESSOMS CONSTRUCTION ~~~ LIBRARY-CR~IG I4J 024 q< e"llD,..l JU..:. . tI2i ~ ,~ ~ ~ eONS'lT(1JcT STO~14 M/Ul/HClLE Ii'IM I:'l.iv. .. 11I.:sO ~. tW\!. ElEv. '" 1~.~~ Jr.. INV. ElEV. .. 1.2.7 ~ I "1 .,; ""l' Zl ~~. 1- '. q '" .; 17.'" e" pvc ~"",-r * 7.0;; l ; ::! REFER TO l.'IalNG + PUfoiS FOFl Tl~l,l""QN I..le~Prr EXFANSI~ FlNIS/ol flOOR asv. = JCaJ . ~eRATJ;; E;1.~Y,"'1'.1!i - t;UT ~lE:V,"lll,M FPL ~OSSIN~ SjORN IIIIv..l +.~8 M") Fr'l 1101'1:0 1 J'./)5 ceO) ST 7. ~ D ee E . c" 9UeElL." UP C"T~ BA.srN --1 Rt)..l fl.Ev. .. 11l.'1o ( IN....=14.$:i (1';") ~ 5.(18") . " Z CA TCH SAStN .- !"IM EL\I.=17.1 ~ URI.ICt. 1301'101-\ tL.\I,"'S.Z7 INV. 15" I1CP N, W_=1 0.3:.1 F1EIolClIIE: ANc blSPOElt tlr:lS'lINt:I S. VCf> S~~CE lA'li;R"'l OFf-Slit. J 1.1I~ T , \ ICL \ I~~ \ \'.. -01ST. 15" INV,='10,:lz (9 t.1001~ l;ICISl11"G CAiCH ~~Cll ElASlN \l.I~ 1Z" HOFIl~C"'T^l CUT 6" \lEIlTlCAl. CUT o~ 'THE NCR1H FACE: (RItr:tR TO DETAIL \oICCtFlI!~ DIIlr) , 15.9~ -BOtTOM RLE:v.-a.!:!' ~.--,...-......-. "..........Il.,____ 1: ~[EtL~~~ff~(5) l I DEe 0 5 2006 ~ !=PI. F'IPI; CPlOSSINllllS"",,.j;OXIIMTI; L.OQl"ION. CONT~CTO~ TO flJI!L.tl V&~fF'r l5X.t.r:r LOCA ilOIll ANClI~ P~IOFi 10 INsrA,I.i,./iQ '8' STORMSEW~ Pipe. North Q' 1/j . D' SCHE;NKEl, s.. SliULTZ, rNc, \1 r.""l1. o~ i1, .' --------4 '" }l " 61:>!l!l E. iIMIim.QI 1'1'., ~ Ilia oJtU.ltI:C. FI.. 32SU....-r7P O~t: ("1:11) '/la~l1Jl:e ..............pnlu..,"..m J;"1Jel (~')} 1i;#-a33 1" =~O' BOYNTON eE.A.C~ L/SAAR,Y COMMENt: RAISE! SToRloJ PIpE 9IHWGEN fiTI'\\JCTUFilIG O..tl, AN~ b.oe A.Pl"F10X!r$'Tml'l'2oFTiO/t,VOID l:"~ PE. ll~OJlI Iln 'llls tlion, l.2/04/~& ~4'l-\ )10.; III .~)@1~~. 12/06/06 WED 08:10 [TX/RX NO 7357] (1 :; , (Jl : (1 i THU 14: 31 F..:\...\: 9 5 44 :} 6 67 8 9 SESSOMS CONSTRUCTION ~~~ LIBR~RY-CRAIG l4J 002 .... ~!~T~~m~ . ' COMPANY, INC. --.: :; -=- ~ 7485 Davie Road ExtenSion · Hollywood FL 33024 Broward (954) 431 -7900 · Fax (954) 436-6789 REQUEST FOR CHANGE ORDER CG CBOl134 MEMORANDUM DATE: November 15, 2006 TO: John Carr, SCHENKELSHUL TZ ARCHITECTURE FROM: Lee Sessoms, Vice President RE: #379 - BOYNTON BEACH CITY LIBRARY Bid #017-2610-04/CJD ReO #059, RFI #86, Project log #141 Description of Proposed Change: Fumish and install four Falcon 1000 waterless urinals (R.L. D'Addio Plumbing quote attached) Reason for Change: As directed in RFI #86 response and Proposal Request #17 (copies attached) Additional Cost: seel Oyerhead and Profit (05%): Subtotal: City Permit Fee (2%): Subtotal: SCCI Bond Premium (1 %): PROPOSED CHANGE IN CONTRACT AMOUNT: PROPOSED CHANGE IN CONTRACT TIME: Eight (8) days $ 2,206 $ 110 $ 2,316 $ 46 $ 2,362 $ 24 $ 2,386 Cc: Craig Clark, Interim Library Director Bob Bonagura, P.E. Attachment: Supplier/Subcontractor Proposal LS/mb G:\379 . Boynton Beaoh Ubrary\Change Orders\59\Rco #59 0.1:01:07 THU 1.;1:.)1 FAX 9544.166789 SESSOMS CONSTRUCTION ......-> LIBRARY-CRAIG @ 00.1 t-oc) N \ R. L. D' Addio Plumbing Co., Inc. 1125 Cr~tuiood Boul(MU"d Lake Worth - Florida - :33460 c-In!li1: pi'Perhe(tiJbel1~('Juth .ner. COf:,l Phonc:# (561) 582-5500 Pari (561) 585-6474 CF COS72915 visit cur wC'bsiLe lit: www.rtdadciioplurnhr:C1.,9pn1 CHANCE ORDER PROPOSAL Customer"... ..: S~oms Construction Eslimator......: Lee Sessoms Pbone# .......:954431-7900 F:u; #....,.., ...:954..436-6789 Job Nllme,.....:Bo on BcachLibr Job Address. ..:Bo ton Beach . Tocl.a 's date........~ S tembcr 18. 2006 R.. L. D. ,C.O.#....: SEPT. 09 Prawio title.. .....:. Site Visit Plans dated..., ...,..: Architect....,... . ....: 'En ' cer............: .. ' . ---~--~~~.~"~~- ------------------------------------..----------------------------~~---~--------~.---------------------~~- s.cq"e ~f work: As pel' yo u.r reqLlest~ fullowing is cur proposal to fittnish (4) SlolJ11 #WES-l 000 water free urinals (See Attached) Material: (4) Sloan #WES 1000 Urinals @ $ 421.00/ Cli. $ 1,708.00 General Support @ 3% of Cost $ 51.24 Plant &: Equipment @ 2 Yi % ofCo~t $ 42.70 'lerical Support I Supplies @ 2 % % of Cost $ 42.70 ..:.xpense I Cartage @2 lh% ofMatcrial $ , 42.70 Accounting @ 1 % of Cost ~ ,)1:.Q8 $ 196.42 ~ S; Profit @ 10% $ $ , 6.5% Tax on Material $ Amount of This Change Order- Payment RequestS 196.42 1 ,904.42 190.44 2,094.86 1 11.02 2~20S.88 GHANcm ORnER.lBQ)Jr~A. r ,~ S 2,205.88 NOTlf,#l: Please notify our, ofll.ce in writing as to the acceptance ofthis proposs,} so we may schedule this extra work into the present construction sc:hedu'lc R. L. D' Addio Plumbing Estim.:ltor: Louiti G, JYAddio -------.__.~......M~*~__.___._____.__________________________----------------------~--~~"......_.-~--------~w___________________ Approved By: Exclusions: Unless as noted above, all of the following al"{! axchtded: Addendum.~. Dewatering, Back;fill, Overtime, Wiring, Cutting and Patching. Demo/Removal of Deb,!.I', CrJnCi'ete Work. Laboralory fees. All 'gl\::..ln\llUS AI\! ~l'"rfl\e.t'\lf Uf'''" ~ll'U<'Cl\, Intl:P'll.r""oc, .",cldC:l1lft IIhd IIlh", Ilh~""'r1Dhlg dc:I:lYII beyond mid OVcIl' which w.. M..... 110 onnlrol. 11.11 milllnl'" T"n<J"",.,J ""olu"ve ofroc.k C\llI..uliun. E~1.itllMe 1$ gl\od 101' In dny$ li'Ql11 nl'llvc dot,D. AlIl1lnl"llin\lllllll! "~lltipmO'lll deliyered or In:<ti'llh:d .h~lll'cjlll,in In Ihc: tlLllllc ,,1' K. L D' 1<.1<1i" rl\lmbln~ Co,. tnc, until tUlly rmJd lbr. 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"O- w W ::l Z Z z iD 0 >- a:: <( <( <( <( <( <( ~ <( <( <( w <( ::J W W ~~ ~ ..J ..J <( a: <( C3 W 1L a:: ::5 ::l I I I I I I I I I f- > ..J ..J ~ Ul > 0 w lL I ii: lL I 0 C Cl 1L lL lL lL lL lL lL lL lL lL lL ~ I lL W E Ql 0 00 ~ 00 M PJ C') ..,. '" <0 r-- <Xl m 0 ;;: '" ~ ~ 10 <0 r-- <Xl m 0 LO '" C') :'b 10 <0 r-- <Xl ::l~= -C') C') C') C') C') C') C') C') ... ... ... ... ... ... ... '" '" '" '" '" '" '" Ql ~ 0 CIlr-.:r: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST for Boynton Beach City Library Exhibit C Monthlv Status Report ,_.<_,';""'~~~""';""';;"W' Monthly Status Report: March 2007 Boynton Beach City Library To: Mayor and City Commissioners From: Library Project Team (Owner/Architect/Contractor) Project Status Narrative: The project construction is continuing, The roof membrane is complete, less flashings. All windows and doors are installed and the building stucco work is being completed. All interior ductwork is complete, HV AC units are set, and electrical wiring is underway. Interior drywall is underway, Project Schedule: The project's anticipated schedule of substantial completion is for late May of 2007 based on the delays, The contractor is in the process of providing documentation of their delays for evaluation. Project Issues: 1, Contractor has signed all subcontractors 2, Value Engineering (VE) analysis is complete and incorporated in change orders. Owner Equipment: Voice & Data Wiring Voice & Date Equipment Wireless Equipment/Switches Public Address (P A) System Burglar Alarm System & Wiring Access Door Control System (4) Doors Book Drop Digital Video Security Management System TOTAL Proiect Cost to date: Contract Amount: Change Order No, One: Change Order No, Two: Change Order No Three: Change Order No Four: Change Order No. Five Change Order No. Six Change Order No. Seven Total Contract to Date: Contingency: Owner Equipment Direct Purchase/Savings Total estimated Contract % Over Original Bid As of 11-06 $5,727,485.00 $ 189,963,00 $ 85,615,00 $ 171,902.00 $ 462,328,00 $ 441,517.00 ($ 396,137,52) $6,682,672.48 $ 50,000.00 $ 137,137.00 $ 367,780.00 $7,237,589.48 21.0% $36,693 8,590 21,245 2,625 15,900 7,200 6,000 38,884 $137,137 As of 03-07 ($ 12,620,00) $ 6,670,052.48 $ 50,000,00 $ 137,137.00 $ 367,780.00 $ 7,224,969.48 20,8% Status approved approved approved approved approved approved pending CITY OF BOYNTON BEACH AGENDA ITEM REQUEST for Boynton Beach City Library Exhibit D Chan2e Order L02 Boynton Beach Library 1 of 2 Change Order Log 3/5/2007 Description Date Commision Approved Change Order # 7 Owner Furnished Equip, CO 1 Extended General Conditions 5/3/05 05/11/06 189,963,00 C04 Extended General Conditions 05/11/05 99,990,00 CO2 Underground electrical conduit for civic cent{ 07/25/06 85,615,00 C03 Prestressed Concrete cost escalation 11/02/05 171,902.00 C04 Building Dept Revisions underground 11/01/05 8,519,00 C04 Structure Complete 11/11/05 100,854,00 C04 Subcontractor time delay coiling shutters 11/11/05 2,959,00 C04 Subcontractor time delay signage 11/11/05 713.00 C04 Subcontractor time delay Plumbing 11/11/05 (1,929.00) C04 Subcontractor time delay HV AC 11/11/05 76,789.00 C04 Subcontractor time delay Fire Protection 11/11/05 4,760.00 C04 Electrical Escalation 11/08/05 21,OnOO C04 Structural Steel 11/10/05 148,596,00 CO 5 Underground Plan Rev Dated 7/14/05 05/10/06 4,509,00 CO 5 Caulking and Waterproofing 02/20/06 207.00 CO 5 Drywall / Stucco 02/20/06 127,964,00 CO 5 Glass / Glazing 03/03/06 49,844,00 CO 5 Bldg Dept / PR # 3 03/03/06 16,895.00 CO 5 Additional Survey 04/21/06 325,00 CO 5 Layout of unknown Bellsouth underground 04/21/06 1,082,00 CO 5 More Survey 04/21/06 1,082,00 C05 Temporary Entry Demolition 04/26/06 31,301.00 CO 5 Flooring Carpet VCT Ceramic Tile 06/07/06 10,695,00 C05 Expansion Joint Cover 06/13/06 286,00 CO 5 Cabinets Casework 06/09/06 0,00 CO 5 Built up light Weight / Metal Roofing 06/09/06 87,778,00 CO 5 Acoustical Ceiling 06/05/06 21,439.00 CO 5 Painting 06/01/06 32,027,00 CO 5 Display Cases 06/13/06 4,120,00 CO 5 Toilet Partitions 02/02/06 1,472.00 CO 5 Storage Shelving 06/13/06 3,182,00 C05 Media Center Equipment 06/09/06 2,524,00 CO 5 Appliances 06/13/06 522.00 CO 5 Window Treatment 06/01/06 614,00 C05 Site issues 06/13/06 20,984,00 C05 Irrigation 06/13/06 6,199.00 CO 5 landscaping 12/13/06 4,949,00 CO 5 Chalk and Tackboards 06/13/06 239,00 CO 5 Flag Pole 06/13/06 96,00 CO 5 eleva tor 06/05/06 1,325,00 CO 5 Operable Partition 06/13/06 795,00 CO 5 Floor mats 06/07/06 764.00 CO 5 Doors & Frames 06/13/06 8,298,00 Approved to Date $1,351,325.00 PR8 Delete Asphalt 03/24/06 Ammended PR 25 PR 10 Remove Drive Through 04/25/06 ($32,413.00) PR 13 Drive up Book Drop 07/25/06 incl in PR 10 PR 17 Falcon 1000 Waterless Urinals 09/18/06 $2,388.00 PR 21 Data Information Kiosk 09/21/06 $1,647,00 PR23 HV AC Trouble Alarm 10/10/06 $5,161.00 PR25 Parking Lot Islands 10/20/06 PR26 Permit Fees Reduction 11/13/06 PR27 Beam changes 11/17 /06 PR28 Add Downspout Nozzle as Req by Owner $971.00 Addional Builders Risk 11-12-06 to 01-21-07 $8,690,00 Drainage Change due to FPL conflict $936,00 AS! 6 ,'\SI7 AS! 8 Casework/GWR Trellis Reference Desk Voice and Data Wiring Voice & Data Equipment Wireless Equipment/Equipment Public Address System Burgler Alarm System & Wiring Access Door Control System (4) Doors Digtial Video Security Management System Book Drop Box Totals by /\ctivity Boynton Beach Library Change Order Log 3/5/2007 08/25/06 09/08/06 09/08/06 06/14/06 06/14/06 06/14/06 06/14/06 06/14/06 06/14/06 1,351,325,00 The Original Contract Sum was Net Change by Previous Change orders The Contract Sum prior to this change order was The Contract Sum will increase by this change order in the a The new contract Sum will be 5,727,485,00 1,351,325,00 7,078,810,00 (12,620,00) 7,066,190.00 Owner Furnished Equipment Direct Purchase (Tax Saving Program) Const. Contract + OFS + DP 137,137,00 349,895,00 7,416,085,00 2 of 2 ($12,62000) $36,693,00 $8,590,00 $21,245,00 $2,625,00 $15,900,00 $7,200,00 $38,884,00 $6,000,00 $137,13700 5,727,485,00 $955,187,52 $6,682,672.48 ($12,620,00) $6,670,052.48 13,137,00 $349,895,00 $7,033,084.48 VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D February 13, 2007 February 5, 2007 (Noon) D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 20, 2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) [8J March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007 March 19,2007 (Noon) n c::> CJ -1 -J ~-< D City Manager's Repotn: -~ 0 D ;p... ., -rt New Business :::0 --en I ''10 [8J Legal -J ;TJ -< ~-..... o Code Compliance & Legal Settlements 0 UnfInished Business ~ :.f) ~ D Public Hearing 0 .::- ~:;z: RECOMMENDATION: Please place this request on the March 20, 2007 City Commission Agenda ~der ~ent Agenda. Staffrecommends that the accompanying Resolution No, R06-_ be approved thereby authorizingiibe CJtl)l~ Manager and City Clerk to execute an agreement for professional planning services between the City and Mr. Dick Hu&;ft;n, for an annual amount not to exceed $61,000. For further information, please see the attached resolution and contract. Announcements/Presentations NATURE OF AGENDA ITEM o D [8J Administrative Consent Agenda EXPLANATION: The State has found the City's Evaluation & Appraisal Report (EAR) in "compliance", thereby starting the time clock of 18 months for completing the next step in the required maintenance of the City's Comprehensive Plan, the EAR-based amendments, A second long-range planning task to be encountered is the updating of the Capital Improvements Element (CIE), Both projects are required by the State, with deadlines for completion being mid-2008 for the EAR-based amendments and late summer for the CIE. Completion of these projects will require a full staff and proper prioritization of work efforts. Due to the lack of qualifIed and available senior planners to fIll the vacancy generated by a retirement, the senior planner position has remained vacant for over 1 year. Prior to retiring, Mr. Hudson worked for the city for 6 years, increasing his management/senior-level experience in comprehensive planning to over 15 years. This opportunity to use Mr. Hudson in this capacity will result in cost savings, prevent further delay in initiating important projects, and will facilitate completion of these projects with the beneficial experience and insight typically provided by in-house staff. A draft work program has been prepared for use as the scope of services in the contract. The contract is proposed with an extension clause allowing it to renew automatically unless terminated by either party after a minimum 30-day notice. PROGRAM IMP ACT: This will allow for the completion of extensive, mandatory long-range planning projects, in a cost- feasible manner, without impact on other work efforts or the timely processing of privately-initiated applications. FISCAL IMPACT: Funds available through the use of unspent personnel funds (Acct. No. 2414-515.12-10) that have accumulated while the position remained vacant. ALTERNATIVES: described Comprehens' Ity Manager's Signature ssistant to City Manager CJn{./ lC/4 L Planning and Zoning Dir~ S:\Planning\SHARED\WP\Personnel\Agenda Item Request contract Dick Hudson 3-5-07,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC '" -", City Attorney I Finance 1 2 RESOLUTION NO. R07- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE AN AGREEMENT FOR 8 PROFESSIONAL PLANNING SERVICES BETWEEN 9 CITY OF BOYNTON BEACH AND ORRAN (DICK) 10 HUDSON; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, upon 13 recommendation of staff, deems it to be in the best interests of the citizens and residents of 14 the City of Boynton Beach, to enter into an agreement with Orran (Dick) Hudson to provide 15 professional planning services, and to authorize the City Manager and City Clerk to execute 16 said Agreement; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 20 ratified and confirmed by the City Commission, 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby authorize and direct the City Manager and City Clerk to execute an agreement 23 between the City of Boynton Beach and Orran (Dick) Hudson to provide professional 24 planning services, a copy of which Agreement is attached hereto as Exhibit "A". 25 Section 3. This Resolution shall become effective immediately upon passage, S:\CA\RESO\Agreements\Dick Hudson - Independent Contractor.doc "","..;,..."""~",,,,,,;-4~~",,,,,.,,,,,,,,.,;.,,,,~~,..,,..,,.,_,,,,,.,.,,,,,,.,.. PASSED AND ADOPTED this _ day of March, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 Janet Prainito, City Clerk 24 25 (Corporate Seal) Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Agreements\Dick Hudson - Independent Contractor.doc AGREEMENT FOR PROFESSIONAL SERVICES The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and Orran (Dick) Hudson, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR is a duly certified professional in the field of urban planning. WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City with completing long-range planning tasks as required by the State for maintaining the City's Comprehensive Plan, PART I - SPECIAL PROVISIONS A, LONG-RANGE AND OTHER PLANNING SERVICES: Contractor will lead and/or contribute to responsibilities of the Planning & Zoning Division and complete work products as described in EXHIBIT "A" attached hereto, B, PAYMENT: CONTRACTOR'S compensation for services described above shall be at a rate of $29 per hour, and limited to a maximum of $61,000 per year. A monthly fee invoice shall be submitted by CONTRACTOR at the first of each month. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.06 L Florida Statutes. PART II - GENERAL PROVISIONS A. ASSIGNMENT AND DELEGATION: Contractor may only aSSIgn or delegate duties pursuant to this agreement as described in Part I. B. STATUS OF CONTRA.CTOR: The parties intend that CONTRl\CTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of, or contribute to the work as described in Exhibit "A". CONTRACTOR is not entitled to participate in any pension plan, insurance, or other regular benefits CITY provides its employees. C, METHOD AND PLACE OF GNING NOTICE, SUBMITTING BILLS, AND DELNERY OF WORK PRODUCTS: All notices, bills and work products shall be by personal delivery as arranged between City and Contractor. When necessary, other communications should be addressed as follows: CITY: Michael Rumpf Planning & Zoning Director City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 561-742-6260 CONTRACTOR: Orran (Dick) Hudson 2932 Florida Boulevard Delray Beach, FL 33483 561-265-1205 D, NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. "'~""'",'*"-$'''''''';'''~..IJ JiW~~>(~f.ol~",~,,",,.,"+,,,,,,4,.:"'" E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws. F. TERM OF AGREEMENT: The term of this contract shall be March 21,2007, for one year, and shall automatically renew for subsequent one-year terms thereafter unless either party terminates the contract with a minimum 30-day notice. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action of special proceeding may be instituted. H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Kurt Bressner, City Manager City Clerk CONTRACTOR Witnesses: Orran (Dick) Hudson S:\Planning\SHARED\WP\Personnel\Contractor agreement - Hudson.doc 2 EXHIBIT A: DESCRIPTION OF PLANNING SERVICES I. PREPARE FINAL DETAILED WORK PROGRAM FOR COMPLETION OF EAR- BASED AMENDMENTS TO GUIDE TIMEL Y APPROVAL AND TRANSMITTAL FOR STATE REVIEW. To be completedwitliin 15 working 'days of execution of the agreement for services. II. OVERSEE COMPLETION OF EAR-BASED AMENDMENTS Overview of elements to be amended per the EAR: · Future Land Use element · Transportation Element · Utilities Element (Sanitary Sewer, Stormwater, Potable Water, Natural Groundwater Aquifer Recharge and Solid waste) · Conservation Element · Recreation and Open Space Element · Housing Element · Coastal Management Element · Capital Improvement Element School Element ursuant to inter-local a reement with District >- The contractor shall perform or oversee the followiD!! specific tasks: For all elements (timeline~consistentwith delivervdates,for each element) 1. Draft amendments which are mandated by legislative changes in 163, F.S. and Rule 9-J.5 adopted subsequent to the 2001 EAR-based amendments; 2. Propose policy amendments to represent current City vision/direction; 3. Review the Plan against the goals generated from the 2006 Boynton Beach American Assembly; draft changes if appropriate; 4. Review all policies to determine the planning horizon for each, as applicable: short term (5 years), or long term (up to 20 years); and 5. Review all Plan policies for internal consistency, particularly with the Capital Improvements Element. In addition to Tasks 1-5. the policy review will include: For the Future Land Use Element: · As per state requirement, research and draft policies regarding intensity standards for the Public&Private GovernmentJInstitutional, Recreational and Conservation land uses. · Conduct appropriate analysis and draft amendment to policy 1.16.1 regarding uses permitted in the Industrial and General Commercial land use classifications. · Review and amend policies based on the 1989 study for "appropriate" amount of residential and non-residential uses; replace with policies representative of the City's built-out status; draft policies guiding land use amendments from residential to non-residential, especially industrial. · Amend Policy 1.16.1 to add a DRI land use · FLUM amendments ~,",,,",..,,,,,~,~:.:,:">jO!~~~\i.~"'_~*";",..,,,.,.:,.;,;;<,,;,,,..,~; . Evaluate the feasibility of remoYing the "agriculture" land use from the city FLUM . Reclassify the Quantum Industrial Park from Industrial to DR! land use o Complete application o Draft staff report with appropriate analysis o Draft policies governing this DRI for Objective 1.24 . Process similar reclassification for the Boynton Mall property. Timeline: Dr Qua com co by July 1st, 2007. 'alL Quantum: 7; Boynton Beac 07. For the Coastal Element: . Provide analysis for elimination of Objective 7.12, committing the City to minimizing population concentrations in the coastal high-hazard area, and draft replacement policies that balance the city's redevelopment vision with state policies that limit densities in coastal areas. For the Utilities Element: . Wastewater treatment capacity has been determined to be a "Major Issue" for the city. Work with Utilities Department to draft policies describing long-term strategies. . Amend/add policies under Objectives 3A.4, 3C.l and 3C.4 to address the sources of funds for capital improvement for sewer and potable water facilities and long-term financing of any deficiencies (such as substandard water lines identified in Policy 3C.2.5). . Add long-term policies to Objective 3B.l to address deficiencies in stormwater drainage facilities and the update of the city's drainage master plan. Timeline: Deliver drafts of Coastal and Utilities elements by August 1,2007. For the Transportation Element: . Review existing TCEA policies for consistency with 2005 legislative changes and draft amendments as necessary. . Draft a policy on proportionate fair-share mitigation and changes to other concurrency-related policies to assure consistency. Timeline: Draft to be delivered by September 1,2007. For the Recreation and Open Space Element: . Review the draft of the R&OS element approved as a part of the Recreation Department's Strategic Plan. Review the long-term feasibility of the proposed level of service for developed parks, and propose necessary policies or policy amendments. Timeline: Draft to be delivered by October 1,2007. For the Housinl! Element: . The lack of affordable housing has been recognized as the other "Major Issue" in the EAR. Draft policies that further the City's work-force housing initiative (amendments to Objective 6.1). 2 · Review Objective 6.2, committing the City to eliminate substandard housing by year 2002. Work with the Community Improvement Department, providing the data and adding long-term policies if appropriate. · Review Objective 6.3 with respect to the City's commitment to address housing needs of very-low income persons. Work with the Community Improvement Department, providing the data and adding long-term policies if appropriate. · Review Objective 6.4 requiring the City to allow for adequate sites for mobil homes. Provide a brief feasibility analysis, amend or eliminate objective accordingly. Timeline: Draft to be delivered by November 15, 2007. For the Capital Improvements Element: · Work with City staff to develop a capital improvement schedule pursuant to new DCA requirements: · Review current and projected LOS · List all concurrency-related CI projects ( 2(07) · Develop projections for city's revenues and expenditures (by Jqne1, 1..QQ7) · Develop tables demonstrating fiscal feasibility of projects (bjriA,ugustl, 2007) III. PROCESS OR OVERSEE THE REVIEW OF APPLICATIONS FOR AMENDING THE COMPREHENSIVE PLAN. . JiY tluetuate'by 15-30 days, depending on the data availability and other rs. S:\Planning\SHARED\WP\SPECPROJ\EAR\EAR-based amendments\EAR Amendments Scope of Work (2).doc 3 VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\tl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve Resolution No. R07-_ expressing opposition to Florida House Bill 529 known as the "Consumer Choice Act of 2007" (H529), urging Florida Legislative Representatives to refrain from any form of support or co-sponsorship of H529 and to vote in opposition to H529. Also, request Governor Crist to advise the House and Senate leadership that he does not support H529 during the 2007 regular session and directing that this resolution be forwarded to Florida Governor Crist, the Palm Beach County Legislative Delegation, the Mayor of each municipality in Palm Beach County, the leadership of the PBC League of Cities, the leadership of the Florida League of Cities and each member of the PBC Board of County Commissioners, EXPLANATION: On January 23,2007, Florida House Representative Anthony Traviesa introduced the Consumer Choice Act of2007 (H529) which will eliminate local government franchising for video television services, Rep. Traviesa introduced a similar bill (Hl199) in 2006 which failed due largely in part to opposition from municipalities and the League of Cities. Mayor Jerry Taylor received a request from Deputy Town Manager Thomas G. Bradford to join the Town of Palm Beach in passing this resolution and forwarding to other governing agencies in order to express opposition to H529. PROGRAM IMPACT: The Consumer Choice Act of2007 (H529) would eliminate local cable franchising authority. The Florida Department of State would be the authorizing authority for state-wise franchising of cable and video service providers. If the Consumer Choice Act of2007 is passed, the impact to local government would be as follows: . The Department of Agriculture and Consumer Services would receive all customer service complaints, eliminating local governments' ability to enforce customer service and consumer protection. . Local governments would lose the ability to ensure that the public is compensated for use of public right-of-ways. . Both the Department of State and local governments would be prohibited from imposing build-out, construction and deployment requirements. We would no longer be able to ensure appropriate placement of antennas and cell towers. The prohibition of economic red-lining of services would be eliminated. . The amount of capacity to meet government "PEG" access needs would be potentially reduced. . Local government ability to obtain capital support for "PEG" would be eliminated. FISCAL IMPACT: The City of Boynton Beach would lose funding from the local cable service provider for the proposed government access channel, BBTY 18. A L TERNA TIYES: Not to pass resolution opposing the Consumer Choice Act of 2007 (H529). S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1 1/..1 ,;i(U:ivt1IJu.,,~/,- City M~nager's Signature Assistant to City Manager ~ t4- fJ1~~s Df-ACL/ epartment Name I., [JUIU'TIN\JOR\1S\AGEt'\DA ITEM REQUEST rORMDOC ." ""'~'-_'~"''';''":'';;' -"'I!:N T"" .'.... .~~~,,',.~..",. -'., City Attorney / Finance 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, EXPRESSING OPPOSITION TO HOUSE 5 BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007" 6 (H529), URGING FLORIDA LEGISLATIVE REPRESENT A TIVES 7 TO REFRAIN FROM ANY FORM OF SUPPORT OR CO- 8 SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO 9 H529, REQUESTING GOVERNOR CRIST TO ADVISE THE 10 HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT 11 SUPPORT H529 DURING THE 2007 REGULAR SESSION AND 12 DIRECTING THAT THIS RESOLUTION BE FORWARDED TO 13 FLORIDA GOVERNOR CRIST, THE PALM BEACH COUNTY 14 LEGISLATIVE DELEGATION, THE MAYOR OF EACH 15 MUNICIPALITY IN PALM BEACH COUNTY, THE 16 LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF 17 CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF 18 CITIES AND EACH MEMBER OF THE PALM BEACH COUNTY 19 BOARD OF COUNTY COMMISSIONERS; PROVIDING AN 20 EFFECTIVE DATE. 21 22 23 WHEREAS, on January 23, 2007, Florida House Representative Anthony Traviesa 24 introduced the Consumer Choice Act of 2007 (H529); and 25 WHEREAS, the bill prohibits municipalities and counties from negotiating terms and 26 conditions from cable and video service providers wishing to do business within the local 27 governments' jurisdiction in the future; and 28 WHEREAS, the bill deletes authorization for municipalities and counties to award cable 29 service franchises and restrictions that require cable service companies not to operate without 30 such franchise; and 31 WHEREAS, the bill designates the Florida Department of State as the authorizing 32 authority for state-wise franchising of cable and video service providers, but prohibits the 33 Department from imposing build out, construction, and deployment requirements on cable and Page 1 of 3 S:\CA\RESO\Opposition to HB 529.doc video certificate holders; and 2 WHEREAS, the bill requires the Department of Agriculture and Consumer Services to 3 receive all customer service complaints thereby eliminating citizen ability to seek remedy of 4 complaints via their local government; and 5 WHEREAS, the bill establishes requirements and limitations on municipalities and 6 counties relating to access to public right-of-way; and 7 WHEREAS, the bill prohibits municipalities and counties from imposing any additional 8 requirements on cable and video certificate holders; and 9 WHEREAS, the bill would deprive municipalities and counties of the authority to 10 establish and maintain government owned and operated networks, known as institutional 11 networks, that may be utilized by first responders and other government officials in the day-to-day 12 management of local government business; and 13 WHEREAS, the bill would potentially reduce the amount of capacity which may be 14 required by local governments to meet their public, educational, and government "PEG" access 15 needs, while stripping local government of the ability to obtain capital support for the use of PEG 16 capacity with the result that the communities' cable-related needs and interests may not be met; 1 7 and 18 WHEREAS, the bill would deprive local citizens of the ability to address local issues 19 locally, by removing to the state all customer service issues; and 20 WHEREAS, the bill would ultimately preempt all local authority over the provision of 21 cable and video services within the community, including the ability of the local government to Page 2 of3 S:\CA\RESO\Opposition to HB 529.doc 1 provide appropriate oversight to entities conducting business within their jurisdiction and in the 2 local public rights-of-way; and 3 WHEREAS, for these reasons, the City Commission ofthe City of Boynton Beach finds 4 that it should oppose H529 and urges Florida Governor Crist, the Palm Beach County Legislative 5 Delegation, the mayor of each municipality in Palm Beach County, the leadership of the Palm 6 Beach County League of Cities, the Leadership ofthe Florida League of Cities, and each member 7 of the Palm Beach County Board of County Commissioners to oppose H529; and 8 WHEREAS, the City Commission ofthe City of Boynton Beach finds taht this resolution 9 should be forwarded to Florida Governor Crist, the Palm Beach County Legislative Delegation, 10 the mayor of each municipality in Palm Beach County, the leadership of the Palm Beach County 11 League of Cities, the Leadership of the Florida League of Cities, and each member of the Palm 12 Beach County Board of County Commissioners. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 14 CITY OF BOYNTON BEACH AS FOLLOWS: 15 Section 1: The foregoing "WHEREAS" clauses are true and correct and hereby 16 ratified and confirmed by the City Commission. 17 Section 2: For the reasons stated hereinabove, the City Commission of the City of 18 Boynton Beach, Palm Beach County, Florida declares its opposition to H529 and urges Florida 19 Governor Crist, the Palm Beach County Legislative Delegation, the mayor of each municipality in 20 Palm Beach County, the leadership of the Palm Beach County League of Cities, the Leadership of 21 the Florida League of Cities, and each member of the Palm Beach County Board of County 22 Commissioners to oppose H529 Page 3 of3 S:\CA\RESO\Opposition to HB 529.doc Section 3. The City Commission of the City of Boynton Beach requests Governor 2 Crist to strongly consider advising the leadership of the House and Senate during the 2007 3 Regular Session that he does not support H529. 4 Section 4. The City Commission of the City of Boynton Beach hereby directs that this 5 resolution be forwarded immediately to Florida Governor Crist, the Palm Beach County 6 Legislative Delegation, the mayor of each municipality in Palm Beach County, the leadership of 7 the Palm Beach County League of Cities, the Leadership ofthe Florida League of Cities, and each 8 member of the Palm Beach County Board of County Commissioners. 9 Section 5: This Resolution shall take effect immediately upon passage. 10 PASSED AND ADOPTED this 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 Janet Prainito, City Clerk 33 34 (Corporate Seal) day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Page 4 of3 S\CA\RESOlOpposition to HB 529.doc ".~~M""#"""",",";"",;"",,", 1 2 Page 5 of3 S:\CA\RESO\Opposition to HB 529.doc -----Original Message----- From: TBradford@TownofPalmBeach.com [mailto:TBradford@TownofPalmBeach.com] Sent: Monday, March 05, 2007 8:38 PM To: Taylor, Jerry Cc: Bressner, Kurt Subject: HB 529 & SB 1772 Eliminating Local Government Franchising for Video Television Services and Other Issues Not Favorable to the Interests of Boynton Beach Dear Mayor Taylor: The Town was dismayed to learn that some members of the Palm Beach County Legislative Delegation chose to cosponsor this ill-advised legislation with Representative Travieso. We are hopeful that Boynton Beach is not supportive of HB 529. Every local government in Florida desires competition in cable TV and video programming services. Nothing precludes any service provider from securing 0 franchise and providing the services throughout all Florida communities today. Existing franchises must be non-exclusive and state law requires that local government treat service providers in a competitively neutral manner. Competition already exists in the form of digital satellite television services, which are available statewide, and more competition is welcome to maximize services and put downward pressure on upward trends in pricing, but not at the expense of removing local oversight of right-of-way and service standards required by franchise agreements. If local franchising is so onerous, how is that the coble television industry was able to deliver their services that we hove all come to know and rely on with local franchising, but AT&T, Verizon and Embark,with more resources available to them than the coble companies ever dreamed of in their beginning days, cannot? The truth of the matter is that local government is a convenient scapegoat for big business. This is a well planned and orchestrated charade on the people of Florida to allow legislation that changes 011 the rules to benefit the whims of the telecommunications industry without any of the protections afforded to your constituents under the current rules of the game 011 in the name of alleged "consumer choice." What will State legislators do when this promised competition does not materialize and the less lucrative neighborhoods in Boynton Beach are sidestepped 011 together because those that approved this legislation did not require mandatory buildout in any community served as is typically the case today? Yes, local government is under attack not just in Florida, but across the country by "Big Telecom" to stop us from protecting the interests """"'''''-"''""~ioil~I,~''''~.."",,,,,,~,___,_,,, , of our citizens and to allow them to cherry pick where they will provide service without regard to local customer service standards typically enumerated in local franchise agreements. Facing fierce lobbying efforts and multi-million dollar misinformation campaigns by the telecom industry, national local government associations on February 27, 2007, launched a new website to present the "real truth" on the potential effects of telecommunications reform on communities and consumers. I invite you to check this out for yourself. The new site, www.thetruthontelecomreform.orq, provides factual information to lawmakers, policymakers, and the public about legislative and regulatory efforts across the nation affecting local taxing authority, cable franchising, public safety communications, and other issues. The site includes fact sheets, information on Congressional actions and rulings by the Federal Communications Commission, tools to help visitors voice their support for fair telecom reform, local news stories, news releases and other materials. The site is sponsored by the Telecommunications Advocacy Coalition (T AC), a non-partisan coalition of national local government associations representing virtually all elected and appointed local officials in the U.S. The coalition includes the National League of Cities (NLC), the National Association of Counties (NACo), the Government Finance Officers Association (GFOA), and the National Association of Telecommunications Officers and Advisors (NA TOA). The coalition's goals are to ensure access to the latest elecommunications technology for a fair price for ALL of their constituents. Local governments ensure that public safety communications are up and running, that local access channels receive adequate funding, and that communications providers pay fair compensation for the use of public streets and sidewalks. Last year T AC successfully thwarted legislative measures pushed by the telecom industry that would have stripped franchising authority from cities and counties and that could have forced local governments to raise taxes, cut services, or both. Although these proposals were not enacted, the telecom industry is expected to continue to utilize new and more aggressive lobbying and marketing tactics to further its agenda as we now see here in Florida. If you are concerned about the passage of HB 529, we ask that you consider: Adopting a resolution opposing the bill and companion legislation in the Senate. A copy of a Palm Beach resolution is attached to use as a model in this regard. Advise the State legislators whose districts include Boynton Beach that you are opposed to HB 529 and any Senate companion bill and ask them to do the same. Notify your lobbyist Smith & Ballard to take all steps necessary to thwart this legislation. Please feel free to share this email with your fellow elected officials and staff. Your time and efforts in this regard are greatly appreciated. Thomas G. Bradford Deputy Town Manager Town of Palm Beach 360 South County Road P.O. Box 2029 Palm Beach. FL 33480 Telephone: (561) 838-5410 Fax: (561) 838-5411 Email: tbradford@townofpalmbeach.com F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 1 2 A bill to be entitled 7 An act relating to statewide cable television and video service franchises; providing a short title; amending s. 202.11, F.S.; providing a definition; amending s. 202.24, F.S.; prohibiting counties and municipalities from negotiating terms and conditions relating to cable and video services; deleting authorization to negotiate; revising application to existing ordinances or franchise agreements; amending s. 337.401, F.S.; deleting authorization for counties and municipalities to award cable service franchises and a restriction that cable 3 4 5 6 8 9 10 11 12 13 14 15 I service companies not operate without such a franchise; amending s. 337.4061, F.S.; revising definitions; creating 25 26 ss. 610.102, 610.103, 610.104, 610.105, 610.106, 610.107, 610.108, 610.109, 610.112, 610.113, 610.114, 610.115, 610.116, and 610.117, F.S.; designating the Department of State as the authorizing authority; providing definitions; requiring state authorization to provide cable and video services; providing requirements and procedures; providing for fees; providing duties and responsibilities of the Department of State; providing application procedures and requirements; providing for issuing certificates of franchise authority; providing eligibility requirements and criteria for a certificate; authorizing the department to adopt rules; providing for an application form; providing for an application fee; requiring certain information updates; providing for a processing fee; providing for transfer of such fees to the Department of 16 17 18 19 20 21 22 23 24 271 28 Page 1 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 29 Agriculture and Consumer Services; requiring the department to maintain a separate account for cable franchise revenues; providing for fees to the Department of State for certain activities; prohibiting the department from imposing additional taxes, fees, or charges on a cable or video service provider to issue a certificate; prohibiting imposing buildout, construction, and deployment requirements on a certificateholder; requiring certificateholders to make cable and video service available at certain public buildings under 30 31 32 ., , .:5~ 34i 351 36 ! 3 '7 " Q .) ~ " .:) .)~, certain circumstances; imposing certain customer service 41 requirements on cable service providers; requiring the Department of Agriculture and Consumer Services to receive customer service complaints; requiring provision of 42 43 public, educational, and governmental access channels or capacity equivalent; providing criteria, requirements, and procedures; providing exceptions; providing responsibilities of municipalities and counties relating to such channels; providing for enforcement; providing requirements for and limitations on counties and municipalities relating to access to public right-of-way; prohibiting counties and municipalities from imposing additional requirements on certificateholders; authorizing counties and municipalities to require permits of 44! 45 46 47 48 49 5D 5'2. 52 53 certificateholders relating to public right-of-way; 54 providing permit criteria and requirements; prohibiting discrimination among cable and video service subscribers; providing for enforcement; providing for determinations of 55 ~) 6 Page 2 of 32 CODING: Words stricKen are deletions; words underlined are additions. hb0529-0 1-c 1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 57 58 59 60 61 62 63 64 65 66 67 68 69 violations; providing for enforcement of compliance by certificateholders; requiring the Office of Program Policy Analysis and Government Accountability to report to the Legislature on the status of competition in the cable and video service industry; providing report requirements; requiring the Department of Agriculture and Consumer Services to make recommendations to the Legislature; providing duties of the Department of State; providing severability; repealing s. 166.046, F.S., relating to definitions and minimum standards for cable television franchises imposed upon counties and municipalities; amending ss. 350.81 and 364.0361, F.S.i conforming cross- references; providing an effective date. 70 71 Be It Enacted by the Legislature of the State of Florida: 72 73 Section 1. This act may be cited as the "Consumer Choice 74 i Ac t 0 f 2007. " 75 Section 2. Subsection (24) is added to section 202.11, 76 Florida Statutes, to read: 77 78 202.11 Definitions.--As used in this chapter: (24) "Video service" has the same meaning as that provided 79 in s. 610.103. 80 Section 3. Paragraphs (a) and (c) of subsection (2) of 81 section 202.24, Florida Statutes, are amended to read: 82 202.24 Limitations on local taxes and fees imposed on 83 dealers of communications services.-- 84 (2) (a) Except as provided in paragraph (c), each public Page 3 of 32 CODING: Words stncKen are deletions; words underlined are additions. hb0529-01-c1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 85 body lS prohibited from: 86 1. Levying on or collecting from dealers or purchasers of 87 communications services any tax, charge, fee, or other 88 imposition on or with respect to the provision or purchase of 89 communications services. an ~U 2. Requiring any dealer of communications services to 91 enter into or extend the term of a franchise or other agreement 9= chat requires the payment of a tax, charge, fee, or other 0' ~ ~ imposition. 94 3. Adopting or enforcing any provision of any ordinance or 95 agreement to the extent that such provision obligates a dealer 0" ~O of communications services to charge, collect, or pay to the 97 public body a tax, charge, fee, or other imposition. 98 99 Municipalities and counties may not E.::<ch municip.::<lity .::<nd county 100 rct.::<ino .::<uthority to negotiate .::<11 tcrmo .::<nd conditiono of .::< 101 c.::<blc ocr'Jicc fr.::<nchioc .::<llo',;cd by feder.::<l .::<nd ot.::<te 1.::<',,' exccpt 102 those terms and conditions related to franchise fees or aRB the 103 definition of gross revenues or other definitions or 104 methodologies related to the payment or assessment of franchise 105 fees on providers of cable or video services. :06 (c) This subsection does not apply to: 1. Local communications services taxes levied under this 1'=:;-,9 crl.apter. ~09 2. Ad valorem taxes levied pursuant to chapter 200. ~. Occupational license taxes levied under chapter 205. 4 . "911" service charges levied under chapter 3 6 5 . 1:i0 111 112 5. Amounts charged for the rental or other use of property Page 4 of 32 CODING: Words strkken are deletions; words underlined are additions. hb0529-0 1-c 1 ,.;-_.O"....~,.,_.._~~""'"""'""'""~"''''''~..._,.,' F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 113 owned by a public body which is not in the public rights-of-way 114 to a dealer of communications services for any purpose, 115 including, but not limited to, the placement or attachment of 116 equipment used in the provision of communications services. 117 6. Permit fees of general applicability which are not 118 related to placing or maintaining facilities in or on public 119 roads or rights-of-way. 120 7. Permit fees related to placing or maintaining 121 facilities in or on public roads or rights-of-way pursuant to s. 122 337.401. 123 8. Any in-kind requirements, institutional networks, or 124 contributions for, or in support of, the use or construction of 125 public, educational, or governmental access facilities allowed 126 under federal law and imposed on providers of cable or video 127 service pursuant to any existing ordinance or an existing 128 franchise agreement granted by each municipality or county, 129 under which ordinance or franchise agreement service is provided 130 prior to July 1, 2007, or as permitted under chapter 610. 1311 Nothing in this subparagraph shall prohibit the ability of 132 providers of cable or video service to recover such expenses as 133 allowed under federal law. 135 9. Special assessments and impact fees. 10. Pole attachment fees that are charged by a local 134 136 government for attachments to utility poles owned by the local 137 government. 138 11. Utility service fees or other similar user fees for 1 3 91 uti lit Y services. 140 12. Any other generally applicable tax, fee, charge, or Page 5 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 141 imposition authorized by general law on July 1, 2000, which is 142 not specifically prohibited by this subsection or included as a 143 replaced revenue source in s. 202.20. 144 Section 4. Paragraphs (a), (b), (e) I and (f) of subsection ~45 (3) of section 337.401, Florida Statutes, are amended to read: 146 337.401 Use of right-of-way for utilities subject to 147 regulation; permit; fees.-- ~48 (3) (a)~ Because of the unique circumstances applicable to 149 providers of communications services, including, but not limited 158 to, the circumstances described in paragraph (e) and the fact 1511 that federal and state law require the nondiscriminatory ~52 treatment of providers of telecommunications services, and ~53 because of the desire to promote competition among providers of 154 communications services, it is the intent of the Legislature 155 that municipalities and counties treat providers of 156 communications services In a nondiscriminatory and competitively 157 neutral manner when imposing rules or regulations governing the 158 placement or maintenance of communications facilities in the 159 public roads or rights-of-way. Rules or regulations imposed by a 160 municipality or county relating to providers of communications -~- services placing or maintaining communications facilities in its 162 roads or rights-of-way must be generally applicable to all 163 providers of communications services and, notwithstanding any 164 other law, may not require a provider of communications 165 services, except ~o otherwioe provided in 3ubp~r~gr~ph 2., to 166 apply for or enter into an individual license, franchise, or 167 other agreement with the municipality or county as a condition 168 of placing or maintaining communications facilities in its roads Page 6 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S 169 170 171 172 173 174 175 1761 177.. 1781 179 180 CS/HB 529 2007 or rights-of-way. In addition to other reasonable rules or regulations that a municipality or county may adopt relating to the placement or maintenance of communications facilities in its roads or rights-of-way under this subsection, a municipality or county may require a provider of communications services that places or seeks to place facilities in its roads or rights-of- way to register with the municipality or county and to provide the name of the registrant; the name, address, and telephone number of a contact person for the registrant; the number of the registrant's current certificate of authorization issued by the Florida Public Service Commission, er the Federal Communications Commission, or the Department of State; and proof of insurance 181 or self-insuring status adequate to defend and cover claims. 182 183 2. Notvithot~nding the provioiono of oubparagraph 1., ~ municip~lity or county m~y, ~o provided by 17 D.S.C. o. 541, 184 o\v'ord one or more fr~nchioco ,;ithin ito juriodiction for thc 185 provioion of c~ble oervice, ~nd ~ provider of c~blc oervice 186 oh~ll not providc cable ocrvice ~ithout ouch fr~nchioe. E~ch 187 municipolity ~nd county ret~ino authority to ncgoti~te ~ll termo 188 ~nd conditiono of ~ c~blc ocrvice fr~nchiDe ~llo~ed by feder~l 189 lo~ ~nd o. 166.046, exeept thoDe termo ~nd conditiono rel~ted to 190 fr~nchiDe feeD ~nd thc definition of groDo revenueD or other 191 definitiono or methodologieo related to the payment or 192 oooeooment of fr~nehioe feeD ~nd permit feeD aD provided in 193 por~gr~ph (e) on pro'Jidero of eable oer"Jieeo. Z'. municip~li ty or 194 county m~y exercioe ita right to require from providero of e~ble 195[ ocrvice in kind rcquiremento, including, but not limited to, 196' inoti tutionol nct',wrko, ~nd contributionD for, or in oupport of, Page 7 of 32 CODING: Words stncken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 1971 the uoe or conotruction of public, educ~tion~l, or government~l 19B! ~cceoo f~cilitieo to the extent permitted by feder~l l~w. ^ 199 provider of c~ble oervice m~y exercioe ito right to reCO'Jer ~ny 20 C I such expenoeo ~o::::lOci~ted ',;i th ouch in kind requiremento, to thc ., ., ^ '- ''-J ...... C*-t::nt permi t ted by f eder~l l~',;. ,-., r, ~ .:.. I~J.C::: (b) Registration described in paragraph oubp~r~gr~ph (a)~ 203 does not establish a right to place or maintain, or priority for 204 the placement or maintenance of, a communications facility In 2051 roads or rights-of-way of a municipality or county. Each 206 municipality and county retains the authority to regulate and 207 manage municipal and county roads or rights-of-way in exercising 20B its police power. Any rules or regulations adopted by a 209 municipality or county which govern the occupation of its roads 210 or rights-of-way by providers of communications services must be 211 related to the placement or maintenance of facilities in such 212 roads or rights-of-way, must be reasonable and 213 nondiscriminatory, and may include only those matters necessary 214 to manage the roads or rights-of-way of the municipality or 215 county. .," , L"':""C (e) The authority of municipalities and counties to 2}7 require franchise fees from providers of communications 213 services, with respect to the provision of communications 219 services, is specifically preempted by the state, except ~o 220 othec,Jioe provided in oubp~r~gr~ph (~) 2., because of unique 221 circumstances applicable to providers of communications services """1 LLL when compared to other utilities occupying municipal or county roads or rights-of-way. Providers of communications services may provide similar services in a manner that requires the placement 223 224 Page 8 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 ""<:'<:~"'ri~(~~~i"",__,,'",,'f!l'J'_""""~~'~""""" F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 225 of facilities in municipal or county roads or rights-of-way or 226 in a manner that does not require the placement of facilities in 227 such roads or rights-of-way. Although similar communications 228 services may be provided by different means, the state desires 229 to treat providers of communications services in a 230 nondiscriminatory manner and to have the taxes, franchise fees, 231 and other fees paid by providers of communications services be 232 competitively neutral. Municipalities and counties retain all 233 existing authority, if any, to collect franchise fees from users 234 or occupants of municipal or county roads or rights-of-way other 235 than providers of communications services, and the provisions of 236 this subsection shall have no effect upon this authority. The 237 provisions of this subsection do not restrict the authority, if 238 any, of municipalities or counties or other governmental 239 entities to receive reasonable rental fees based on fair market 240 value for the use of public lands and buildings on property 241 outside the public roads or rights-of-way for the placement of 242 communications antennas and towers. 243 (f) Except as expressly allowed or authorized by general 244 law and except for the rights-of-way permit fees subject to 245 paragraph (c), a municipality or county may not levy on a 246 provider of communications services a tax, fee, or other charge 2471 or imposition for operating as a provider of communications 248 services within the jurisdiction of the municipality or county 249' which is in any way related to using its roads or rights-of-way. 250; A municipality or county may not require or solicit in-kind 251 compensation, except as otherwise provided in s. 202.24(2) (c)8. 252 or s. 610.109 oubp~r~gr~ph (~)2. Nothing in this paragraph shall I Page 9 of 32 CODING: Words stfickBfl are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 2531 ~mpair any ordinance or agreement in effect on May 22, 1998, or 54 any voluntary agreement entered into subsequent to that date, ::55 which provides for or allows in-kind compensation by a 256 telecommunications company. 257 Section 5. Section 337.4061, Florida Statutes, is amended 258 to read: 259 337.4061 Definitions; unlawful use of state-maintained 260 road right-of-way by nonfranchised cable and video tclcvioion 261 services.-- 262 (1) As used in this section, the term: 263 (a) "Cable service" means: 264 1. The one-way transmission to subscribers of video 265 programming or any other programming service; and 266 2. Subscriber interaction, if any, which is required for =: 7 the selection of such video programming or other programming =~6.8 service. 269 (b) "Cable system" means a facility, consisting of a set 7 of closed transmission paths and associated signal generation, 271 reception, and control equipment that is designed to provide 272 cable service which includes video programming and which is 273 provided to multiple subscribers within a community, but such ?7a term does not include: ---:. Ie- ~ I::J 1. A facility that serves only to retransmit the 276 television signals of one or more television broadcast stations; 277 2. A facility that serves only subscribers in one or more 278 multiple-unit dwellings under common ownership, control, or 279 management, unless such facility or facilities use any public 280 right-of-way; Page10of32 CODING: Words :.lricKen are deletions; words underlined are additions. hb0529-0 1-c 1 '.'.".'>'''''''"''''''~<ii~''''~'~'~>h.'''~''"," F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 281 3. A facility that serves subscribers without using any 282 public right-of-way. 283 4.~ A facility of a common carrier that is subject, in 284 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq., 285 except the specific bandwidths or wavelengths used by ~ such 286 facility shall be considered a cable system only to the extent 287 such bandwidths or wavelengths are f~cility io used in the 288 transmission of video programming directly to subscribers~ 289 ~nless the extent of such use is solely to provide interactive 290 on-demand services, in which case the use of such bandwidths or 291 wavelengths is not a cable system; or 292 5.~ Any facilities of any electric utility used solely 293 for operating its electric utility systems. 294 (c) "Franchise" means an initial authorization or renewal 295 thereof issued by a franchising authority, whether such 296 authorization is designated as a franchise, permit, license, 297 resolution, contract, certificate, agreement, or otherwise, 298 which authorizes the construction or operation of a cable system 299 or video service provider network facilities. 300 (d) "Franchising authority" means any governmental entity 301 empowered by federal, state, or local law to grant a franchise. 302 (e) "Person" means an individual, partnership, 303 association, joint stock company, trust, corporation, or 304 governmental entity. 305 (f) "Video programming" means programming provided by or 306 generally considered comparable to programming provided by a 307 television broadcast station or cable system. 308 (g) "Video service" has the same meaning as that provided Page 11 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 -~ '--1 in s. 610.103. 310 (2 ) It is unlawful to use the right-of-way of any state- 311 maintained road, including appendages thereto, and also 312 i~cluding, but not limited to, rest areas, wayside parks, boat- 313 launching ramps, weigh stations, and scenic easements, to 314 provide for cable or video service over facilities purpooc3 315 within a geographic area subject to a valid existing franchise 316 for cable or video service, unless the cable or video service 317 2J:"ovider oyotcm using such right-of-way holds a franchise from a 318 franchise authority thc municip~lity or county for the area in 319 which the right-of-way is located. 320 (3 ) A violation of this section shall be deemed a 321 vi 0 1 at ion 0 f s. 337. 406 . 522 Section 6. Sections 610.102, 610.103, 610.104, 610.105, 323 610.106,610.107,610.108,610.109,610.112, 610.113, 610.114, 324 610.115, 610.116, and 610.117, Florida Statutes, are created to 325 read: 3 6 610.102 Department of State authority to issue statewide ,=~}:~Je and video franchise. - -The department shall be designated a~_~~~_franchising authority for a state-issued franchise for the provision of cable or video service. A municipality or county may not grant a new franchise for the provision of cable or video service within its jurisdiction. 3;27 , ~. ~ c ~ 0 329 330 331 332 610.103 Definitions.--As used in ss. 610.102-610.116: 333 (1 ) "Cable service" means: (a) The one-way transmission to subscribers of video 334 35 programming or any other programming service. 336i (b) Subscriber interaction, if any, that is required for Page 12 of 32 CODING Words smC,,\2n are deletions; words underlined are additions. hb0529-0 1-c 1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 337 the selection of such video programming or other programming 338 service. 339 (2 ) "Cable service provider" means a person that provides 340 cable service over a cable system. 341 (3 ) "Cable system" means a facility consisting of a set of 342 closed transmission paths and associated signal generation, 343 ~eception, and control equipment that is designed to provide 344 cable service that includes video programming and that is 345 provided to multiple subscribers within a community, but such 346 term does not include: 347 (a) A facility that serves only to retransmit the 348 television signals of one or more television broadcast stations; 3491 (b) A facility that serves only subscribers in one or more ! 350 multiple-unit dwellings under common ownership, control, or 351 management, unless such facility or facilities use any public 3521 right-of-way; 3531 (c) A facility that serves subscribers without using any 354 public right-of-way; 355 (d) A facility of a common carrier that is subject, in 356 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq. , 357 except that the specific bandwidths or wavelengths over such 358 f~ci 1 i ty shall be considered a cable system only to the extent 359 such bandwidths or wavelengths are used in the transmission of 360 video programming directly to subscribers, unless the extent of 361 suc0 use is solely to provide interactive on-demand services, in 362 which case it is not a cable system; or 363 (e) Any facilities of any electric utility used solely for 364 operating its electric utility systems. Page 13 of 32 CODING: Words striGk-en are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 365 (4 ) "Certificateholder" means a cable or video service 366 provider that has been issued and holds a certificate of 367 franchise authority from the department. 368 (5 ) (6 ) "Department" means the Department of State. "Franchise" means an initial authorization or renewal 369 370 of an authorization, regardless of whether the authorization is 3711 designated as a franchise, permit, license, resolution, I 372 contract, certificate, agreement, or otherwise, to construct and 3 7 3 operate a cable system or video service provider network 374 facilities in the public right-of-way. 375 (2)~__~Franchise authority" means any governmental entity 376 empowered by federal, state, or local law to grant a franchise. "~ ~7 (8 ) "Incumbent cable service provider" means the cable '7i=: -,' 1',-" ~ervice provider serving the largest number of cable subscribers in a particular _municipal or county franchise area on July I, 379 :,8 2007. 38:Li (9 ) "Public right-of-way" means the area on, below, or 382 above a public roadway, highway, street, sidewalk, alley, or 383 waterway, including, without limitation, a municipal, county, 384 state, district, or other public roadway, highway, street, 385 sidewalk, alley, or waterway. 386 (10 ) "video programming" means programming provided by, or 387 s~nerally considered comparable to programming provided by, a television broadcast station as set forth in 47 U.S.C. s. 388 389 522 20 39 (11 ) "video service" means video programming services 391 PF~vided through ~ireline facilities located at least in part in 392 ~~le 2ublic rights-of-way without regard to delivery technology, Page 14 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-0 1-c 1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S 393 394 395 396 397 398 399 400 401 402 4031' 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 I 4201 CS/HB 529 2007 including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider as defined in 47 D.S.C. s. 332(d), video programming provided via a cable service or video programming provided as part of, and via, a service that enables end users to access content, information, electronic mail, or other services offered over the Internet. (12) "Video service provider" means a video programming distributor that distributes video programming services through wireline facilities located at least in part in the public Eights-of-way without regard to delivery technology. This term does not include a cable service provider. 610.104 State authorization to provide cable or video service.-- (1) An entity or person seeking to provide cable or video service in this state after July I, 2007, shall file an application for a state-issued certificate of franchise authority with the department as required by this section. An entity or person providing cable or video service under an unexpired franchise agreement with a municipality or county as of July 1, 2007, is not subject to this subsection with respect 1:.()_providing service in such municipality or county until the franchise agreement expires, except as provided by subsection (2) and s. 610.105(4). An entity or person providing cable or video service may seek authorization from the department to provide service in areas where the entity or person currently does not have an existing franchise agreement as of July 1, 2007. Page 15 of 32 CODING: Words stric-ken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 'i2l ! (2 ) Beginning July 1, 2007, a cable or video service 422 provider that is not an incumbent cable or video service 423 provider and provides cable or video service to less than 40 424 percent of the total cable and video service subscribers in a 425 particular franchise area may elect to terminate an existing 426 municipal or county franchise and seek a state-issued 427 c~rtificate of franchise authority by providing written notice 428 to the Secretary of State and the affected municipality or 429 county after July 1, 2007. The municipal or county franchise is 430 terminated under this subsection on the date the department ~~-! issues the state-issued certificate of franchise authority. (3 ) Before the 10th business day after an applicant .:1. 3. 2 433 submits the affidavit, the department shall notify the applican~ 4341 for a state-issued certificate of franchise authority whether 435! che applicant's affidavit described by subsection (4) is 436 complete. If the department denies the application, the 437 department must specify with particularity the reasons for the 438 denial and permit the applicant to amend the application to cure 439 any deficiency. The department shall act upon such amended 440 application within 5 business days. 441 (4 ) The department shall issue a certificate of franchise I 4 /. " ! '-:::Li aut}1()_ri ty_to 9ffer__cable__ or video service before the 15th business day after receipt of a completed affidavit submitted by a_~_applicant and signed by an officer or general partner of the app I i ca.~t-__?:ff i r~~I1g-= 443 444 .'445 .'~ 6 (a) That the applicant has filed or will timely file with 447 the Federal Communications Commission all forms required by that 448 a.~~ncy jn advance of offering cable or video service in this Page 16 of 32 CODING: Words stilcken are deletions; words underlined are additions. hb0529-01-c1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 450 449 state; (b) That the applicant agrees to comply with all 451 applicable federal and state laws and regulations, to the extent 452 that such state laws and rules are not in conflict with or 453 superseded by the provisions of this chapter or other applicable 454 state law; 455 (c) That the applicant agrees to comply with all lawful 456 state laws and rules and municipal and county ordinances and 457 regulations regarding the placement and maintenance of 458 communications facilities in the public rights-of-way that are 459 generally applicable to providers of communications services in 460 accordance with s. 337.401; 461 (d) A description of the service area for which the 462 applicant seeks the certificate of franchise authority, which 463 need not be coextensive with municipal, county, or other 464 political boundaries; 465 (e) The location of the applicant's principal place of 466, business and the names of the applicant's principal executive 467 officers; and 468 (f) That the applicant will file with the department a 469 470 471 472, 4731 474 475 476 notice of commencement of service within 5 days after first providing service in each service area described in paragraph (d) . (5) If the department fails to act on the application within 30 business days after receiving the application, the application shall be deemed approved by the department without further action. (6 ) The certificate of franchise authority issued by the Page 17 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 477 department shall contain: 478 (a) A grant of authority to provide cable or video service 479 as requested in the application. 480 (b) A grant of authority to construct, maintain, and 481 operate facilities through, upon, over, and under any public 482 right-of-way or waters. 483 (c) A statement that the grant of authority is subject tel 484 lawful operation of the cable or video service by the applicant 485 or its successor in interest. 486 (7 ) A certificateholder that seeks to include additional 487 service areas in its current certificate shall file notice with 488 che department that reflects the new service area or areas to be served and shall file with the department a notice of commencement of service within 5 days after first providing service in each such additional area. 489 490 4 ~, ':J~ (8 ) The certificate of franchise authority issued by the 492 493 department is fully transferable to any successor in interest to 494 the applicant to which the certificate is initially granted. A 495 notice of transfer shall be filed with the department and the 496 rel~"\Tcmt.__~':1:nicipality or county within 14 business days 497 ~91lowing the completion of such transfer. 4 ~ ~ '::J~ 9) The certificate of franchise authority issued by the 499 department may be terminated by the cable or video service 500 provider by submitting notice to the department. J19_L_ An appl icant may challenge a denial of an applic",-t:.iorl by the department in a court of competent jurisdiction through a ":01 502 503 Detition for mandamus. (11 ) The department shall adopt any procedural rules 504 Page 18 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 505 pursuant to ss. 120.536(1) and 120.54 necessary to implement 506 thi s section. 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525' I I 526 527 528 529 530 531 532 (12) The application shall be accompanied by a one-time fee of $10,000. (13) Beginning 5 years after approval of the certificateholder's initial certificate of franchise issued by the department, and every 5 years thereafter, the certificateholder shall update the information contained in the original application for a certificate of franchise. At the time of filing the information update, the certificateholder shall pay a processing fee of $1,000. The application and processing fees imposed in this section shall be paid to the Department of State for deposit into the Operating Trust Fund for immediate transfer by the Chief Financial Officer to the General Inspection Trust Fund of the Department of Agriculture and Consumer Services. The Department of Agriculture and Consumer Services shall maintain a separate account within the General Inspection Trust Fund to distinguish cable franchise revenues from all other funds. The application, any amendments to the certificate, or information updates must be accompanied by a fee to the Department of State equal to that for filing articles of incorporation pursuant to s. 607.0122(1). 610.105 Eligibility for state-issued franchise.-- (1) Except as provided in s. 610.104(1) and (2) and subsection (4), an incumbent cable service provider that has an existing, unexpired franchise to provide cable service with respect to a municipality or county as of July 1, 2007, is not eligible to apply for a state-issued certificate of franchise Page 19 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 533 5341 authority under this chapter as to that municipality or county until the expiration date of the existing franchise agreement. (2 ) For purposes of this section, an incumbent cable 535 5361 ~ervice provider will be deemed to have or have had a franchise 537 to provide cable service in a specific municipality or county if 538 ~ny affiliate or successor entity of the cable service provider 539 r]_c>",_o~_h~~~_!1 unexpired franchise agreement granted by that 540 specific municipality or county as of July 1, 2007. 541 (3 ) The term "affiliate or successor entity" in this 542 section refers to an entity receiving, obtaining, or operating 543. under a franchise that directly or indirectly owns or controls, 544 is owned or controlled by, or is under common ownership or 545' control with the cable service provider. 546 (4 ) Notwithstanding subsection (1), an incumbent cable 547 service provider may elect to terminate an existing municipal or 548 county franchise and apply for a state-issued certificate of 549 franchise authority with respect to such municipality or county 550 if another cable or video service provider has been granted a 551 state-issued certificate of franchise authority for a service 552 area located in whole or in part within the service area covered 553 ex_the existing municipal or county franchise and such 554 ceJ:'t~~i(::.atel1~lder has. commenced providing service in such area. 555 !b~ incumbent cable service provider shall provide at the time , 5S6 '~__~___filing its application for a state-issued certificate of 557 franchise authority written notice of its intent to terminate 558 its existing franchise under this subsection to the department 5591 and to the affected municipality or county. The municipal or I I 560' county franchise shall be terminated under this section on the Page 20 of 32 CODING: Words stncken are deletions; words underlined are additions. hb0529-01-c1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S 561 562 563 564 565 566 5671 568 569 570 571 572 573 574 575 576 577 578 5791 580 i 581 582. 583 584 585 586 587 CS/HB 529 2007 date the department issues to the incumbent cable service provider the state-issued certificate of franchise authority to provide service in such municipality or county franchise area to the incumbent cable service provider. 610.106 Franchise fees prohibited.--Except as otherwise provided in this chapter, the department may not impose any taxes, fees, charges, or other impositions on a cable or video service provider as a condition for the issuance of a state- issued certificate of franchise authority. No municipality or county may impose any taxes, fees, charges, or other exactions on certificateholders in connection with use of public right-of- way as a condition of a certificateholder doing business in the municipality or county, or otherwise, except such taxes, fees, charges, or other exactions permitted by chapter 202 and s. 337.401(6) . 610.107 Buildout.--No franchising authority, state agency, or political subdivision may impose any buildout, system construction, or service deployment requirements on a certificateholder. 610.108 Customer service standards.-- (1) An incumbent cable service provider shall comply with customer service requirements reasonably comparable to the standards in 47 C.F.R. s. 76.309(c) until there are two or more providers offering service, excluding direct-to-home satellite serVlce, in the incumbent service provider'S relevant service area. (2 ) Beginning on July I, 2009, for all providers of cable 588 service in municipalities and counties that, as of January I, Page 21 of 32 CODING: Words Stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 589 2007, have an office or department dedicated to responding to 590 cable service quality complaints, all such complaints shall be 591 handled on and after July 1, 2009, by the Department of 592' ~griculcure and Consumer Services. Until that time, cable 593 service quality complaints shall continue to be handled by the 594 municipality or county. This provision shall not be construed to 595 pe:L~~!:~he municipal i ty or county to impose customer service 596 standards in conflict with this section. 59 (3 ) The Department of Agriculture and Consumer Services 598 shall receive service quality complaints from customers of a 599 certificateholder and shall address such complaints in an 600 expeditious manner by assisting in the resolution of such 601 complaint between the complainant and the certificateholder. The 602 Department of Agriculture and Consumer Services shall adopt any 603 t:Locedural rules pursuant to ss. 120.536(1) and 120.54 necessary 604 ~o implement this section. 6 CI 5 ! 610.109 Public, educational, and governmental access 6 E channels.-- 07 (1) A certificateholder, not later than 12 months 608 f ollc:lltJi~Y19~~e_que_~_t bya municipali ty or county wi thin whose 6 9 i~:Lisdiction the certificateholder is providing cable or video 610 :",~rvice, shall designate a sufficient amount of capacity on its 611 ~etwork to allow the provision of public, educational, and 612 governmental access channels for noncommercial programming as 613 :::;~n~orth in this section, except that a holder of a state- 614 issued certificate of authority granted pursuant to s. 610.105 615 shall be required to satisfy the public, educational, and 616 government access channel capacity obligations specified in this Page 22 of 32 CODING: Words strici'en are deletions; words underlined are additions. hb0529-0 1-c 1 c,.~-"._",..j'~IiI'I"'.';"1i.:" '~.:..'~"-.....""__;~.""",,,,_.,.,,. F LOR D A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 617 section upon issuance of such certificate for any service area 618 covered by such certificate that is located within the service 619 area that was covered by the cable provider's terminated 620 franchise. 621 (2) A certificateholder shall designate a sufficient 622 amount of capacity on its network to allow the provision of a 623 comparable number of public, educational, and governmental 624 access channels or capacity equivalent that a municipality or 625 ~?U~ty has activated under the incumbent cable service 626 provider's franchise agreement as of July 1, 2007. For the 627 purposes of this section, a public, educational, or governmental 628 channel is deemed activated if the channel is being used for 629 public, educational, or governmental programming within the 630 municipality for at least 10 hours per day. 631 (3) If a municipality or county did not have public, 632 educational, or governmental access channels activated under the 633 incumbent cable service provider's franchise agreement as of 634 July 1, 2007, not later than 12 months following a request by 635 the municipality or county within whose jurisdiction a 636 certificateholder is providing cable or video service, the cable 637 or video service provider shall furnish: 638 (a) Up to three public, educational, or governmental 639 channels or capacity equivalent for a municipality or county 640 with a population of at least 50,000. 641 (b) Up to two public, educational, or governmental 642 channels or capacity equivalent for a municipality or county 643 with a population of less than 50,000. 644 (4) Any public, educational, or governmental channel Page 23 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 45: provided pursuant to this section that is not used by the 646 ~unicipality or county for at least 10 hours a day shall no 647 longer be made available to the municipality or county but may 648: be programmed at the cable or video service provider's 649 discretion. At such time as the municipality or county can 650 certify to the cable or video service provider a schedule for at 651 least 10 hours of daily programming, the cable or video service 652 provider shall restore the previously lost channel but shall be under no obligation to carry that channel on a basic or analog tier. , 6531 654 655 (5 ) If a municipality or county has not used the number of 656 access channels or capacity equivalent permitted by subsection 657 (3), access to the additional channels or capacity equivalent 658 allowed in subsection (3) shall be provided upon 12 month's 659 written notice if the municipality or county meets the following 660 standard: if a municipality or county has one active public, 661 educational, or governmental channel and wishes to activate an h~ " _0'; additional public, educational, or governmental channel, the 663 i!1itial channel shall be considered to be substantially used 664 vvl'1en~ hours are programmed on that channel each calendar day. 665 In addition, at least 40 percent of the 12 hours of programming 666 f~~ each business day on average over each calendar quarter must 667 be nonrepeat programming. Nonrepeat programming shall include 668 the first three videocastings of a program. If a municipality or 669 c:cmnt~j,T_i_~_entitled to three public, educational, or government:a~ 670 channels under subsection (3) and has in service two active 671! public, educational, or governmental channels, each of the two 672 active channels shall be considered to be substantially used Page 24 of 32 CODING Words Slfic!'en are deletions; words underlined are additions, hb0529-01-c1 "...~"".'."..""""''''~~~Ml'''>'''.';;,-..''"' F LOR o A H 0 USE o F R E PRE S E N TAT V E S 673 674 675 676 677 6781 679 680 681 682 683 684 685 686 687 688 689 690 691 I 692 693 694 695 696 697 698 699 700 CS/HB 529 2007 when 12 hours are programmed on each channel each calendar day and at least 50 percent of the 12 hours of programming for each business day on average over each calendar quarter is nonrepeat programming for three consecutive calendar quarters. (6) The operation of any public, educational, or governmental access channel or capacity equivalent provided under this section shall be the responsibility of the municipality or county receiving the benefit of such channel or capacity equivalent, and a certificateholder bears only the responsibility for the transmission of such channel content. A ~~~~ificateholder shall be responsible for providing the connectivity to each public, educational, or governmental access channel distribution point up to the first 200 feet from the certificateholder's activated cable or video transmission system. (7) The municipality or county shall ensure that all transmissions, content, or programming to be transmitted over a channel or facility by a certificateholder are provided or submitted to the cable or video service provider in a manner or form that is capable of being accepted and transmitted by a provider without any requirement for additional alteration or ~hange in the content by the provider, over the particular network of the cable or video service provider, which is compatible with the technology or protocol used by the cable or video service provider to deliver services. The provision of public, educational, or governmental content to the provider constitutes authorization for the provider to carry such content, including, at the provider's option, authorization to Page 25 of 32 CODING: Words stficken are deletions; words underlined are additions. hb0529-01-c1 70S 706 707 , 7081 7e9 0-/, .., /1-.-.J... ~/ =-- 2 L4 ~, J 5 716 '} =- 7 718 719 720 722 "7 ~~ 3 7 ~2 5 726 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 7 n 1 J~ carry the content beyond the jurisdictional boundaries of the municipality or county. (8) Where technically feasible, a certificateholder and an incumbent cable service provider shall use reasonable efforts to interconnect their networks for the purpose of providing public, educational, and governmental programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Certificateholders and incumbent cable service providers shall negotiate in good faith and incumbent cable service providers may not withhold i!:l~eI'c;onn_EOE!:ion of public, educational, and governmental channels. 702 7C~J3 7C4 =-0 13 (9) A certificateholder is not required to interconnect for, or otherwise to transmit, public, educational, and governmental content that is branded with the logo, name, or other identifying marks of another cable or video service provider, and a municipality or county may require a cable or video service provider to remove its logo, name, or other identifying marks from public, educational, and governmental content that is to be made available to another provider. (10) A court of competent jurisdiction shall have ~~clus~ve jurisdiction to enforce any requirement under this section. 21 =~ 4 610.112 Nondiscrimination by municipality or county.-- (~J~_~ municipality or county shall allow a certificateholder to install, construct, and maintain a network ~7 2 7 y/~t:.l1in a publ ic right -of -way and shall provide a 728 certificateholder with open, comparable, nondiscriminatory, and Page 26 of 32 CODING: Words SlJi'Jen are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 729 competitively neutral access to the public right-of-way in 730 accordance with the provisions of s. 337.401. All use of a 731 public right-of-way by a certificateholder is nonexclusive. 732 (2) A municipality or county may not discriminate against 733 a certificateholder regarding: 734 (a) The authorization or placement of a network in a 735 public right-of-way; 736 (b) Access to a building or other property; or 737 (c) Utility pole attachment terms. 738 610.113 Limitation on local authority.-- 739 (1) A municipality or county may not impose additional 740 requirements on a certificateholder, including, but not limited 741 to, financial, operational, and administrative requirements, 742 except as expressly permitted by this chapter. A municipality or 743 county may not impose on activities of a certificateholder a 744 requirement: 745 (a) That particular business offices be located in the 746 municipality or county; 747 (b) Regarding the filing of reports and documents with the 748 municipality or county that are not required by state or federal 749 law and that are not related to the use of the public right-of- 750 ~~y~_Reports and documents other than schematics indicating the 751 location of facilities for a specific site that are provided in 752 the normal course of the municipality's or county's permitting 753 process, that are authorized by s. 337.401 for communications 754 services providers, or that are otherwise required in the normal 755 course of such permitting process shall not be considered 756 related to the use of the public right-of-way for communications Page 27 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-0 1-c 1 F LOR D A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 757 service providers. A municipality or county may not request I 7581 information concerning the capacity or technical configuration 759 of a certificateholder's facilitiesi 760 (c) For the inspection of a certificateholder's business 761 recordsi or 762 (d) For the approval of transfers of ownership or control 763 of a certificateholder's business, except that a municipality or 764 county may require a certificateholder to provide notice of a 765 transfer within a reasonable time. ~66 (2 ) Notwithstanding any other provision of law, a 6 m':l:I2-~~~Eali~y or_county may require the issuance of a permit in 768 accordance with and subject to s. 337.401 to a certificateholder 769' that is placing and maintaining facilities in or on a public 770 right-of-way in the municipality or county. In accordance with ,..~,' 1 f_ s. 337.402, the permit may require the permitholder to be ~72 responsible, at the permitholder's expense, for any damage I 7731 resulting from the issuance of such permit and for restoring the 774 public right-of-way to its original condition before 775 installation of such facilities. The terms of the permit shall 776 e~ consistent with construction permits issued to other 777 providers of communications services placing or maintaining 778 communications facilities in a public right-of-way. 779 610.114 Discrimination prohibited.-- 730 (1 ) The purpose of this section is to prevent 81 di scril11i~~_t:i9_!1__a~cmg. potential residential subscribers. i ') '" (2) Pursuant to 47 D.S.C. s. 541(a) (3), a 783 ~e~tificateholder may not deny access to service to any group of 784 p~tential residential subscribers because of the race or income Page 28 of 32 CODING: Words are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 78S! of the residents in the local area in which such group resides. 786 (3) An affected person may seek enforcement of subsection 787 (2) by initiating a proceeding with the Department of 788 Agriculture and Consumer Services pursuant to s. 570.544. 789 (4) For purposes of determining whether a 790 certificateholder has violated subsection (2), cost, density, 791 9istance, and technological or commercial limitations shall be 792 taken into account. Use of an alternative technology that 793 provides comparable content, service, and functionality may not 794 be considered a violation of subsection (2). The inability to 795 serve an end user because a certificateholder is prohibited from 796 placing its own facilities in a building or property is not a 797 violation of subsection (2). This section may not be construed 798 to authorize any buildout requirements on a certificateholder. 799 (5) The Department of Agriculture and Consumer Services 800 shall adopt any procedural rules pursuant to ss. 120.536(1) and 801 120.54 necessary to implement this section. 802 610.115 Compliance.--If a certificateholder is found by a 803 court of competent jurisdiction not to be in compliance with the 804 ~~quirements of this chapter, the certificateholder shall have a 80S reasonable period of time, as specified by the court, to cure 806 such noncompliance. 807 610.116 Reports to the Legislature.-- 808 (1) The Office of Program Policy Analysis and Government 809 Accountability shall submit to the President of the Senate, the 810 Speaker of the House of Representatives, and the majority and 811 minority leaders of the Senate and House of Representatives, by 812 December 1, 2009, a report on the status of competition in the Page 29 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 813 cable and video service industry, including, by each 814 municipality and county, the number of cable and video service I 815i providers, the number of cable and video subscribers served, the 816 number of areas served by fewer than two cable or video service 817 providers, the trend in cable and video service prices, and the 818i identification of any patterns of service as they impact 8:9 d~~ogr~phic and income groups. 820 (2) By January 15, 2008, the Department of Agriculture and 821 Consumer Services shall make recommendations to the President of 8221 the Senate, the Speaker of the House of Representatives, and the 823 majo_!itL_and minority leaders of the Senate and House of 824 ~epresentatives regarding the workload and staffing requirements 825 associated with consumer complaints related to video and cable 826 certificateholders. The Department of State shall provide to the 827 Department of Agriculture and Consumer Services, for inclusion 828 in the report, the workload requirements for processing the 829 certificates of franchise authority. In addition, the Department 830 of State shall provide the number of applications filed for 831 cable and video certificates of franchise authority and the 832 ~~~~~!~~m~ndments received to original applications for 833 franchise certificate authority. 83"} 610. 1:: 7 ___~ev~!"abil_~~_y'---=_-=~!=,_~ny .xrovi s i~_~_of s s. 610. 102- 835 610.116 or the application thereof to any person or circumstance 836 is held invalid, such invalidity shall not affect other 837 PJ:()\C~_s_~_~ms or applicatign of ss. 610.102-610.116 that can be 8381 given effect without the invalid provision or application, and 839 to this end the provisions of ss. 610.102-610.116 are severable. 840 Section 7. Section 166.046, Florida Statutes, is repealed. Page 30 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 F LOR o A H 0 USE o F R E PRE S E N TAT V E S CS/HB 529 2007 841 Section 8. Paragraph (a) of subsection (3) of section 842 350.81, Florida Statutes, is amended to read: 843 350.81 Communications services offered by governmental 844 entities.-- 845 (3) (a) A governmental entity that provides a cable service 846 shall comply with the Cable Communications Policy Act of 1984, 847 47 D.S.C. ss. 521 et seq., the regulations issued by the Federal 848 Communications Commission under the Cable Communications Policy 849 Act of 1984, 47 D.S.C. ss. 521 et seq., and all applicable state 850 and federal rules and regulations, including, but not limited 851. to, o. 166.016 ond those provisions of chapters 202, 212, afl4 852 337L and 610 that which apply to a provider of the services. 853 Section 9. Section 364.0361, Florida Statutes, is amended 854 to read: 855 364.0361 Local government authority; nondiscriminatory 856 exercise.--A local government shall treat each 857 telecommunications company in a nondiscriminatory manner when 858 exercising its authority to grant franchises to a 859 telecommunications company or to otherwise establish conditions 860 or compensation for the use of rights-of-way or other public 861 property by a telecommunications company. A local government may 862 not directly or indirectly regulate the terms and conditions, 863 including, but not limited to, the operating systems, 864 qualifications, services, service quality, service territory, 865 and prices, applicable to or in connection with the provision of 866 any voice-over-Internet protocol, regardless of the platform, 867 provider, or protocol, broadband or information service. This 868 section does not relieve a provider from any obligations under Page 31 of 32 CODING: Words stricken are deletions; words underlined are additions. hb0529-01-c1 FLORIDA H 0 USE o F R E PRE S E N TAT I V E S CS/HB 529 2007 869 o. 166.04C or s. 337.401. 5701 Section 10. This act shall take effect upon becoming a r 871 law. Page 32 of 32 CODING: Words strickBn are deletions; words underlined are additions. hb0529-0 1-c 1 ~\.,.Yo,t:. '\ , ..... . .. \ .s~_~! 'rO N <f> VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to Citv Clerk's Office Meeting Dates 0 December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 0 January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 0 February 13,2007 January 22, 2007 0 April 3, 2007 Date Final Form Must be Tumed in to Citv Clerk's Office February 12,2007 (Noon) March 19,2007 (Noon) o --.J ""T1 rT1 tx:7 N CO C) ;-)::j :~-< -~C ,., ..." '-co ;"0 :E~ -< ~.......-- en::; <::) 0- ...,,-- ..."ro -rrl n)> '-"n ::r March 5,2007 (Noon) 0 AnnouncementslPresentati ons 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 -0 :x ;S; a'l RECOMMENDATION: Approve the request of the Palm Beach County Division of Human Services to waive the Opening & Closing Fees of $400 at Boynton Beach Memorial Park for Charles McAlevey. EXPLANATION: On February 15, 2007, the City Clerk's Office received a telephone call from Sabrena Cooper, Social Worker III at the Palm Beach County Division of Human Services requesting that we waive the opening and closing fees at Boynton Beach Memorial Park to bury Mr. Charles McAlevey. Mr. McAlevey already owned Lots 267 & 268, in the Replat Section at the Cemetery since July 27, 1984. Mrs. McAlevey is interred in Lot 267. There are no surviving relatives and Mr. McAlevey, who was indigent, passed on February 13, 2007. At the direction of Assistant City Attorney David Tokes, we advised Ms. Cooper that only the City Commission had the authority to waive fees and we suggested that she contact agencies throughout the County for assistance covering the opening and closing fees. Unfortunately, on February 23rd, Ms. Cooper informed me that she was unable to gain assistance from any agency. She requested that we move forward in requesting that the City Commission consider the waiver request. PROGRAM IMPACT: The cost to the City would be negligible since it would be done during normal business hours. FISCAL IMPACT: No fiscal impact. ~~ City Manager's Signature C#zL- City Clerk's Office City Attorney / Finance S:\CC\WP\CCAGENDA\Agenda Request Memos\2007\Agenda Item Request for 03-20-07 - Waiver of Opening & Closing Fee.doc ~partment of Community Services Division of Human Services and Veterans Services J 810 Datura Street West Palm Beach. FL 33401-5211 ) 38754 State Road # 80 BeIle Glade. FL 33430-5698 ) 225 South Congress Avenue Delray Beach. FL 33445-4616 J 1 250 Southwlnds Dnve Lantana. FL 33462-1459 J 1440 W Martin Luther King Blvd. Riviera Beach. FL 33404 J 1150 45th Street West Palm Beach. FL 33407 wwwpbcgo\i.com . Palm Beach County Board of County Commissioners Addle L Greene. Chairperson Jeff Koons. Vice Chair r-aren T Marcus Warren H. Newell Mary McCarty Bun /\arOnS()ll Jess R Santamaria County Administrator Robert Weisman 'An Equal Opportunity A.ffi'nnative AclIon Employer" @ printed on recycled paper "'"""4~~~.~~,_",,'!;:.""'.',,,;,," CJI\C.YFBj)Y!irO~J BEACH J I ~ !' I , ~ J' I"' r- ',., ", ".) J:-F/CE 07 N~R - I PM 2: 56 February 23, 2007 Janet Prainito, City Clerk City of Boynton Beach lOa East Boynton Beach Blvd. Boynton Beach, FI 33435 RE: Charles ~vf;.: AJevey To Whom It May Concern: Palm Beach County Division of Human Services received a request from All County Funeral Home requesting assistance with Indigent Burial for Charles McAlevey who expired on February 13, 2007. Mr. McAlevey had purchased a plot with the City of Boynton Beach on July 27, 1984. This is letter is to request a waiver of the opening and closing fees for Charles Mc Alevey, Lot numbered 267 & 268 Block Replat Plat Book 44. Helen Mc Alevey is already buried in one of these plots and it was Mr. Mc Alevey's desire to be buried there also. There are no other agencies that will assist with this matter. Any assistance you could provide with this matter would be greatly appreciated as it is our desire to honor Mc Alevey's last wishes. IfYOll need anditional information, please contact me at 355-4773. ;2r::; abrcna coo?- Social Worker III . ' '~\ "( ~~ .:~"~ .. -....., /.." \ .:;i. //; ,- t. '.-.,~.. .,....~.- ~v . " ~- d. \~J, 1':'/'0;-,,) .... VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City CIeri< 's Office Meetim! Dates to City CIeri< 's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 Febn1ary 12, 2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) 181 March 20, 2007 March 5, 2007 (Noon) 0 Febn1ary 13,2007 January 22, 2007 0 ApriI3,2007 March 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to Authorize the City Manager to Execute the Certification of Financial Responsibility for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDBtI) Injection Well Application EXPLANATION: In December, 2006, the SCRWIDB voted to proceed with the Injection Well application with the Florida Department of Environmental Protection. As part of the application process, the SCRWTDB must provide certification to the DEP that it has the financial responsibility to perform the project. Therefore, both the City of Boynton Beach and the City of De1ray Beach (the SCRWTDB members) must execute the Certification of Financial Responsibility to indicate that each city is 50% responsible. See attaclunent A. PROGRAM IMPACT: The statutory permit requirements needed to proceed with the Injection Well project application will be met. The Injection Well project will proceed and eventually allow the discontinuance of the ocean outfall discharge program at the South Central Regional Wastewater Treatment and Disposal Boarl>. FISCAL IMPACT: (Include Account Number where funds will come from) $300,000.00, and funds can be found in the account number, 403-5000-590-96-05. ALTERNATIVES: Do not perform the Injection Well Project. . \. I .. I '--\. f' ~'.i~ . ,.' l(~,- - 1..: - ....:. . ~.... Department Head's Signature i~ City Manager's Signature Assistant to City Manager ~ \J \ L , "I \ --c==-s Department Name ~ City Attorney I Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ATTACHMENT A C"<"'''''''''~~'l'1~:i! <''\Ilt:lllif.'..ii:Ii.t' ,'.''''....'r..':,''''"',,;.~'~.'.H>~.,.'.. Mar. 6. 2007 9: 14AM DOiVYTY ROMER & CO, ') No. 2690 P. 1 LAW OFFICE OF ROGER G. SABERSON, P.A. 70 S.E. 4th Avenue Delray Beach, Florida 33483 Telephone: (661) 272-8616 Facsimile: (561) 276-5603 PLEASE DELIVER TO: Mr. JIM CHEROF FAX NO: 0..742.6054 DATE: March 6, 2007 NUMBER OF PAGES ([ncluding Cover Sheet): /S RE: South Central Reaional Wastewater Treatment and OisDDsal Board Dear Jim; Please find enclosed a letter from me regarding the Board's injection well application and financial responsibility requirements. Please call me when you get a chance. I spoke with Susan Ruby in Delray and she has no problem with it. Sincerely yours, Roger G. Saberson Tnlll Telecopy: Wijl Will NoI X be followlld by lhe delivery l1f an original hard copy. If you havellny dilf'lClIlly receiving this copy please call (561) 272.8616 immediately. When transmillin9 documents 10 us Ihat require our immediate attention, please caD and advise us, since our lax machine is nol continUously monitored. The informalion conlalned In this transmission Is alloMey privUaged and conlldenlialllnd is Intended onlY rorlhe use of Ihe addressee named abovo. If you arll nol t/ul inlsnded rlcipient, you are h&/'8DY advislld Ihal any disfribuUon or copying of tills communication 16 strfelly prol1lb1led. If you have rllC41ivldlhis communicalion In enor, pleal6 noliry this film Immediately by collect telephone call and retum the incorrectly lransmitled documenls 10 us at the above address via the U.S. Mail. We wiD reimburse you for your oul 01 pocket expenses. Thilnk you. Facsimile - .(561) 276-5lK}3 Ma r. 6. 2 I) 0 7 9: 14AM DOfY.)RTY ROMER & co. ) No, 2690 P. 2 LAW OFFICE OF ROGlER G. SAB1ElRSON9 JP.Ao 70 S.E. 4th Avenue Delray Beacl'l, FL 33483 Telephone: (561) 272-8616 March 5, 2007 Ms. Susan Ruby City Attorney City of Delray Beach 200 NW 1st Ave. Delray Beach, FI. 33444 Mr. Jim Cheraf City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FJ. 33435 VIA FACSIMILE Re: South Central Regional Wasterwater Treatment and Disposal Board (the "Board") Injection Well Application Financial Responsibility Requirements Dear Susan and Jim; Our Board voted in December 2006 to proceed with an Injection Well application with the Florida Department of Environmental Protection. Our engineers filed the application and we have received back DEP's Request for Information (RFI) dated 9 February 2007 (a copy of which I enclose) which, among other things, requIres that we demonstrate financial responsibility, If [ could certify that we were a local government as defined in 21 B Part V we could attempt to proceed ourselves to satisfy this requirement but I cannot. Section 218.502 defines "local government entity" to mean a county, municipality or special district. In 218.31 (1) it defines "local government entity" to mean a county agency, municipality or a special district as defined in 189.403.....(which definition we do not meet). I spoke with Mr Richard Deuerling of DEP (850)-245-8653 who is the person that handles financial responsibility matters and he said we could satisfy the requirement by having each of our City's approve the Certification of Financ[a[ Responsibility form (which is enclosed and indicates each city is responsible for 50%) and have it signed by the Mayor or City Manager whomever is appropriate to bind the cities. The City Attorney of each City would provide the certification referred to in Attachment A of the RFI indicating that the City meets the definition of local government as defined in Chapter Mar. 6. 2007 9: 14AM DOCIt"\RTY ROMER & co. ., No. 2690 p, 3 Ms. Susan Ruby Mr. Jim Cherot March 5, 2007 Page 2 218 and also attesting to the City's coverage under Chapter 218, Financial Emergencies. Your certification letter would be addressed to Mr. Richard Deuerling. Florida DEP, UIC Program, MS-3530, 2600 Blair Stone Road, Tallahassee, Fl. 32399- 2400. Although the letters are so addressed I would appreciate it it you would send the originals to my office. I believe they will be put together with other information we are submitting to DEP, Together with the certification form and letter we will need to submit a copy oOhe financial statements for each city. Mr. Deuerling indjcatedth~t some local governments financial statements can be accessed at their web sites. If this is so then we won't need to provide separate text bound booklets of each city's financial statements. Could you please let me know whether your financial statements can be accessed on your web sites or are otherwise available on the internet. I presume that the financial statements that are referred to are the most recent audits. After your review of the enclosed information, if you agree, I would appreciate it you would let me know when the Certification of Financial Responsibility could be placed on your respective City Commission's agenda for approval. We are trying to kept the application moving as quickly as possible with DEP. Thank you for your cooperation in regard to this matter. Cc. Mr. Robert Hagel Mar, 6. 2007 9: 14AM Dor'!)RTY ROMER & CO. No. 2690 4 CERTIFICATION O~ FINANCIAt RESPONSIBILITY The Cit of Bo nton Beach , a unit af local government of the State of Florida, hereby certifi&s that it has unconditionally obligated itself to have the financial resources necessary to close, Plug, and abandon its Class I underground injection welles) and related monitoring wells, as required by Chapter 62-528, Florida Administrative Code. It is further understood that the Cost estimate to conduct plugging and abandonment, established on 12/18/2006 , shall be reviewed I~r;e of COSt ES.Cima tel on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment eXCeeding 10 percent ~n anyone y~ar shall r~quire submission af an updated certification form. List of Injection Wells Covered By This Agreement: (for each injection well list the following information) ~ South Central Regional Wastewater Facili ty Warne: and Disposal Board FacUity Address: .leOl North Congress Ave. , Delray Beach, FI. 33445 Mr. Oobert Hagel, ,Executive Director Facility Contact: ~ Treatment Phone Number: . (561) -272-7061 Latitude/Longitude of Xnjection We11;Lat 26 deg 2B min 46 sec, Long 80 deg 3 mln 1~ sec DEP/EPA Identification'Number:S~RW~&DB UIC Permit No. 0272088-001-UC - - ** Current Plugging and Abandonment Cost Estimate: ...$300.000.00 It is hereby understood thac the cancellation of this certification may not take place. without the prior written conSent of the Secretary of the Florida Department of . EnVironmental Protection. **the undersigned City does hereby agree to be responsible for fifty (50%) percent of the ~lugging and Abandonment cost. (S igna tUre) (Print Name) (title) 'l'H'i.~.f~ n4lit ..,be,: ~otlir i.ifJd ( Da t e) Tile foregoing instrument was acknowledged be~ore me this . . 2007 by as of the City of 'Rn1'lJ h..,...., RAA ~h personally known to me or who has produced identification. who is J as NOTARY PUBLIC STATE OF FLORIDA Printed Name: Commission Number: Commission Expiratfon Date: O'''~~,(''W'''1iim~Ilt''.'''''''''!'_'''''i<Z~,'' Mar. 6. 2007 9: 14AM Dor,viRTY ROMER & CO, ( No.2690 P. 5 ( " l r ,.: (~~i; ~,~!&~~{~\~B~i: ,;~.. iw', ,;'" "'r)'~y.~~~,"'1'~-- ... l' I!!<':: :1, ~"'... M',"~,~~ ''3; ~ .,.1,."",,,,,.,,., .~.. \ .'. _ .'.....~. "=".:' i: 'l~~~t;~~'.~~,~,:t.r;.'::;-::~('. -~i*l . i~,it~~DJ!2~\c*~~~ '::li .;. , . ~~_:..::_..~..-:.':--:.~.;;.~: ........:~. Florida Department of Environmental Protection Charlie Crlsl Governor Jell Kotlkamp LL Govemor SoufhellS! Djstricl 400 N. Congress Avenue - Suite 200 West Palm Beach. FIorlda 33401 Michael W. Sole Secretary ELECTRONIC CORRESPONDENCE 9 February 2007 Mr. Robert Hagel Executive Director of UHlities SCRWT&DB 1801 North Congress Avenue Delray Beach, FL 33445 RE; ReQuest for Infonnation IRFI) Construction and Testing Permit App6calion for Injection Well1W-1 allhe South Central Regional Wastewater Treatment and DispDsal Board (SCRWT&DB) UIC - SCRWT&D6 FILE: 0272086-001-UG (IW-1; MW-1) Dear Mr. Hagel: The Florida Department of Environmental Protection (Department or FDEP) acknowledges the receipt of SCRWT&DB's permll application to construct and test Injection WeIlIW.1 81 the SCRWT&DB. The permit application was received at FDEP's Southeast District office on December 19. 2006. This letter constitutes notlce that the application is Incomplete and that additional Information is required. Please respond 10 the concerns on the attached sheets. Please note that, based on 8 review of the application, no further action will b6 taken Dn the application until the requesled informatfon on the foflowing pages Is received. ThiS staff assessment and RFI arC) preliminary and are designed to assist in the review of the application prior to final agency aetton. The comments prDvided herein are not the final pDsition of the Department and may be subject to revisiDn pursuant to additional information and review. Please respond tD the issues addressed herein within 30 days of receipt of this correspondence. In addition, please provide a comprehensive distribution list with each submitlal. Should you hav6 any questions, please conlaet Mark A. Silverman, P.G., or Joseph R. May, P.G., of this office at (561) 681-fi77B or (561) 661-6691, respectively. JRM:mas Cople~ fuml~had 10: Dehflill C~lllS, SCRWT&DB ROller Saberson, SCRWT&DB Alban Muniz, H&S Richard Deuerllng. FOEPfTLH JOQ HaberfQld. FOEPfTLH Tim Powell. fDEPIWPB John Koro,hllC, H&S John Largey. H&S MlchaGl W9ngf9'1QVlch. H&S "More Protection, Less Process .. Wll'W.J.ljJ,Slale..j!",.1 Mar, 6. 2007 9:14AM 90rvERTY ROMER & CO. J ) No. 2690 P. 6 Mr. Robert Hagel, P.E. SCRWr&OB RFI #1 - Construction P8rm~ Appllcallon (IW.1) Page 2 of6 1. Application Item A.1.: Only the deep well locations are shown on Figure 6. Please locale the other wells in Table 2 on an AOR map showing the number of wells per section, as listed on Table 2. Well tocations that dO penetrate to the Floridan aquifer should be located on the map precisely. 2, If there are no known or suspected faulls within the AOR, then a slalement to that effect should be made. If there are documented or suspecled faults then an appropriale figure should be provided. 3. Please submit a USGS sile location map indicating township, r~nge, and section and the latitude/longitude of the project. 4. Please edit the east-wesl cross-section on Figure 10 to show the Palm Beach County System 3 (SROC) injection well. The SROC well is the closest to the SCRWT&OB site and is between the PSC South em Regional well and the SCRWT&DB site. Also, please provide a legend for symbols shown on the two cross-sections (Figures 10 8. 11) included in Section 2 of the application. 5. Application Item A.3.: Please submit a stratigraphic column of the expected geology and hydrogeology at this site, The column should indicate $traUgr~phic names, interval depths, lithologies, geological ages. aquifer system designations as well as the anlicipated base of the underground source of drinking water (USDW). 6. Each new Class I municipal injection well must be able to comply with tho high-level disinfection requirements prior to the start of injection. The treatment system must have the abilitY to meet the requirements for all effluent injected. The abifity to slore or re-treat "reject" water from the reclaimed water lreatment system must be considered. 7. The lateral poslllon Of the base of the underground source of drinking water (US OW) within the proposed injfJction tone should be formally addressed. It is recognized [hat this may not be a critical issue in much of the Southeast District so to fulfilllhe I\Ile requirement it is accaptabl~ for !he applicant to slate the following if the USDW-injBction :z:one Inter1ace is 25 or more miles from the proposed injection well: Based on available information, it is expected that the proposed Injection zone does not contain ground water with a total dissolved solids concentration of less than 10,000 mg/L withJn _ miles of the proposed injection well. If the USDW-injection zone interface Is expected to be less than 25 miles from the proposed Injection well, more detail should be provided as well as an assessment of any effects the proposed injection well may have on the interface. 8. Application Item A9.: Proposed InjBcllon Proceedure -lhe proposed injection procedure needs to be addressed In this permit application, If it is not, a permit modification will be necessary before operational testing can be allowed, at the option of the utility. Contingency plans to OOp5 with all shut-illS or well failures, including emergency discharge provisions should also be provided. 9. Application Item A 11.: Although the application indi<;ates the outfall will be used in times wet weather emergencies. there is no mention of wastewator disposal during scheduled or unexpected maintenance or repair. ';'"'""'''''~;~~~,,,,,.>..~", ""''''''''#iOi,..",;ilio\~i>'"""",,_.",.,._~ Mar. 6. 2007 9: 15AM Dor~~RTY ROMER & en ( ( .J No. 2690 P. 7 Mr. Rob~r1 HlIgel. P.E. SCRWT&DB RFI 111 - Conslruc;fion Permll APpliooon (IW-1) Page 3 of6 10. Financial Responsibility - Section B a. The CertificatIon of financial Responsibility rorm must be notarized as per Item 2 on the page "Local Government GuaranteeD end the example form provided in Attachment A. This form will need to be re-submltted. The cost estimate may need to be revised as explained below, b. Certification of financial Responsibility form - The blank space on line 7 of the blank form submitted (line S of the blank form included in Attachment A) should contain the date of the cost estimate used to demonstrate financial responsibilily ~ not the amount of the estimate. c. The itemized plugging and abandonment estimate does not contain an estimate for crushed limestone. Also, the volume of oement needed to fill tt1e upper monitor well Is estimated by the Department to be 1750 cubic feet, not the 24 cubic feet on Table 2. Both these items will increase the cost estimate to plug and abandon this facility. Thus. please revise Tables 1 and 2. d. Please submit downhole diagrams of Ihe Injeclion and monitor wells after plugging and abandonment. The diagrams should show the placement of cement, including cement in the fnlection well at fmm least 10 feet below the bottom of the casing to land surface. e. The lelter from the SCRWT&OB attorney (n01 the Executive Director) is needed which dIscusses the statute under which the SCRWT&DB is considered to' be a unit of local government. The attorney also needs to attest to the SCRWT&DB's coverage under Chapter 218, Part V, Financial Emergencies or an equivalent statute. f. Please mail the documents above containing original signatures directly to Richard Deuerling, Florida DEP, UIC Program, M5-3530, 2600 Blair Stone Road, Tallahassee, Florida 32399- 2400. Please forward a copy of lhe transmittal lelter to the attention of Joe May at FDEP's Southeast District oroce. tor its records. TECHNICAL SPECIFICATIONS 11. Section 01010-2, A.15 to 19. - The pilot hole below the 34-lnch casing In the InJaction well should be drilled to total depth before the 24-inch casing ~pth Is approved in order to best evaluate opllmum setting depth. A bridge plug or gravel in the pilot hole will Okely need to be proposed to set the 24- inch casing. Moreover, plans to run the flowrm~ter log from the base of the intermediate ca81ng to the base of the confining SBQuence should be modified so that Its detection of low permeabmty beds is not masked by the hIgh permeability of the Injection zone. (For instance, one measure to avert this from occurring would be running the flowmeter log in the lowermost confinin~ sequence after setting the bridge plug or graveL) 12. Seelion 01010-4, A.6, - A pilot hole should be drilled below the Hawthorn Group in the monitoring well, and reverse air should be used to drill this well below the Hawthorn Group. Collection of reverse air water quality, possible packer tesling, and enham:lng some or the geophysical logs are the reaSOns to make these changes in design. It may be advantageous to set an additional casing to the base of the Hawthorn Group before drilling Into the Floridan aquifer. 13. If paCker tests of potenlial monitoring intervals are performed in tile injection well rather than the monitoring well, the data (e.g., reverse air water quality, geophysical logs) need to Ilgree with the Injection well data or packer testing of the monitor well may also be requIred for casIng seat approval. Mar, 6, 2007 9: 15AM OOt")RTY ROMER & co. ( ) No. 2690 p, 8 ( Mr. Rober! Hogel. P.E. SCRWT&OB RFI #1 - Construction p(lfrnir Appllc:lUon (1W.1) Page 4 of 6 14. Section 02851 (Drilling) - Which portions of the injection and monitoring walls will be drilled with mud and reverse air? See Comment 12 above conceming the monitor well. 15. Sl:IClion 02.856 (Coring) - What portions of each well wHl be cored (approximate depths) and what Is the minimum number of cores to be taken? 16. Section 02857-2. 3.02.H.: Sulfates as a parameter for packer test alllllysis should be added to the sample suite. 17. Section 02862 (lnjeclion Testing) - A variable rate injedion test fs proposed in Part 1.01.B. The permitted rala for opera.tional testing and subsequent permits will be the average rate over the 12-hour injection period (with a maximum of 10 feet/second). A portion ofthe injection test may be at a rale greater than 1 0 reetls~ond. however, in order to attain the deslrad average rate. It an adequate volume of eMuent is not available for this lest, the permittee may apply for a rerating and minor permit modillcation in the future when more eMuent is available. Presentation of the test results should include barometrIc and tidal data for the enttre background, injection. and post-injection periods. 18. RTS- a. Fresh water should be dlschsf9ad down the well before RTS testing is initiated to establish a buoyant force. Please identify the amount of water and lIS source. b. Please indicate the minimal amount of time that the well will be shut-in (left static) in lha period immediately prior to running the temperature log. c. What is the total amount of tracer (Jodine-131 also known as 1311) that Will be loaded into the tool? d. The second RTS run should have an increased volume oftracer ejected. e. Please describe the method and testing associated with electing the remaining tracer from the RTS 1001 upon completion of testing. The Department recommends emptying the RTS lool of any remaining tracor ln the first major receptive zone below the base of the injection well's final casing with high rate flow within the well. ENGINEERING COMMENTS 19. Pursuant to Rule 62-528.450(2)0) and DEP FOffil 62-528.900(1)A(10), FAC., please $ubmlt engineering drawings of the surface and subsurface construction details of the system, IncludIng design features for surge control and water hammer prolection. The drawings shall be signed and sealed by a professional engineer registered in the State of Florida as required by Rule 62-52B.440(5)(b), FAC. [this space intentionally blank] Mar, 6, 2007 9:15AM Dorv.)RTY ROMER & CO, e No, 2690 P. 9 ( Mr. Robert Hagel, P.E, SCRWT&DB RFI 1f1 - ConslruOllon Permit AppliosUon (IW-1) P1l9,:5 of6 The enginaerlng drawings. each signed and sealed by the professional(s) who prepared or approved ii, should Include, but not limIted to, !he following: . Facility location plan: . Process 1Iow diagram: Injection well construction with casing pipe diameter and pipe wall thickness; wellhead details; Monitoring well construction wIth pipe diameter and pipe walllhickness; wellhead details; . Inlet piping from WNTPlWater Treatment Plant (WTP); . Location of sampling point for the effluent; . Flow equalizetion syslem, if any; wet well(s) or effluent slorage lanks; . Pump slation and surface/subsurface suction/discharge piping to the injection well(s), fillers: valv~ etc.; Flow control arrangemonl, if any; Design features for surge control .r.nd water hammer protection: Instruments and other devices; . Monitoring well(s): purge piping, sample points and separation of sampling IiMS from other lines to prevent cross connection and lntend~d disposal method of purge water, The drawings shall be legIble and shall give sufficient detail to clearly appraise the Department of lhe work to be Undertaken. 20. Pursuant to Rule 62-528,425(1){b}, FA C., please submit document(s) showing the planned Installation of: a. Continuous indicating, recording, and totalizing devices to monitor flow rate and volume. b. Continuous indicating and recording devices to monitor: I) The Injecaon pressure ii) The pressure on the annulus between the tubing and the final casing or innermost string of casing, if there is an annulus. 21. Pursuant to Rule 62-528.410(1 )(c): In tre design specifications for a Class I well, the applicant shall address the problem of corrosion. proposed protective measure(s), and, when appropriate, proposed methods of monitoring. The applicant shall consider Ihickness and type of cement, number and thickness of casings, casing material, casing coatings. formation fluid (water) quality, injection fluid quality end life expectancy of the well. 22. For wastewater injection well(s): Pursuant to Rule 62-600.540(4), FAC., for automalic devices u6sd to monitor flow and pressure, please submit documents to show manual backup capability to monitor wellhead pressure and flow. 23. For wastewater injection well(s): Pursuant to Rule 62-600.540(4)(a). F.A.C.. please submit documents to show lhe effluent pumping station shall be protected from lightning and transient voltage surges. As a minimum, stations shall be equipped with lightning arrestors, surge capacitors or other similar protection devices, and phase protection. Mar. 6. 2007 9:15AM Dorv-)RTY ROME R & CO, t ) No. 2690 P. 10 Mr. Robert Hag\ll, P.E. SCRWT&DB RFI #1 - Conslruclion Permit AppllcallCln (1W.1) Page 6 of 6 Pleue note that r"ponles to the following comment. are not required (optional). Th... commenta are basically communIcatIve In nature andlor may represent future permit requirements: 24. There are references to the injection of concentrate in this application (Pages 7 and 8) which seem to be in error. An olectronlc mail memo from Mr. Muni:z. received on January 5, 2007. confirms this well Is only to be used for injection of municipal effluent after high-level disinfection. 25. On Page 7 of Section 2, It is Indicated thaI the maximum daily rate is anlicipaled to be 1 B.O to 24.0 MGD. For normal operating conditions, the allowable peak hourlY nOW rete is 16.65 MGD (10 feet per second) [Rule 62-528.415(1)(1)2.. F.A.C.] 26. Page 5 in Section 6 Indicates that water samples collected during pac\(er testing will be analyzed for pH, conductil/lty, TDS. ammonia, sulfates and chlorides, and that addillonal parameters could be added If requested by FOEP. Page 02857-2 of the technical specifications also InCludes total Kjeldahl nitrogen (TKN) as 8 parameter that will be tested from these water samples (though pH, ammonia and sulfate 8Clem to be inadvertently excluded on this page). Please analyze the water samples collected during packer testing for all of the above parameters and measure for specific conductance in lieu of conductivity. [thl8 apace intentionally blank] Mar. 6. 2007 9: 15AM Dorv-)RTY ROMER & CO. ( ') No. 2690 P. 11 Attachment A Lotal Government GUIlf8Dtee A unit of local government oithe State ofFloridll Illay demonslrflte fman.cial rCsponsibility as required in Rule 62-528.435(9), F .A. C., by submitting ill of the following infonnation: 1. The local govemnleat must f;lIbmit a letter from its attorney attcsting to the pennitlee meeting the dofinition of a local govenunent as defined in Cbllptcr 218, Florida Stalutcs (F.S.). The auomoy must 81so atteit to the local govemment's coverage under Chapter 218, Part V, F.S., Financial Emergencies. A copy of Chapter 218, Part V, F.S., is provided with this attachment. If the permittee is unable to obtain aleUer from its lIuomey regarding its st!Itus as a looal government, an alternate demonstration of financial responsibility Dlllst be submitted to the FDBP. The alternatives suggested by the FDEP are: a. Surety Bond b. Lettel' of Credit c. Trust Fund d. Financial Test 2. The local govenurumt lmlst submit a Certification ofFinancial Responsibility which certifies unconditionally the obligation of too local government to perfonn plugging and abllndonment of its injection system(s) pursuant to Chapter 62.528, F.A.C. The certification form provides infonnation On the location of the injection system(s) guaranteed by lhe local government with the related cost estimates for plugging and abandonment. The certification allows for an llIlI1ual cost increase of to percent withollt submission of an updated certification form. Cancellation of the agreement may noltake place without the written consent oftbe FDEP SeCl'etaIy. (10% increase applies llDly within a pcnnit cycle - fmancial respoll!libililY must address fnll amount when renewing or reissuing II permit) The penlon signing the Certification 01' behalf of the local government must be an indivicfua1 authorized to bind the local government (the entity thaI is qualifying ll$ II local government - usually not just the utility for Ciiy or County) to such an agreement The signing of this agreement mUllt be notarized to complete the processing of ,he "Certification of Financial R.espOllSibility" form. The wording of the cutification form is provided with this attachment. 3. A copy of the financi1l1 st&tcments (for the cutity q\\alifying AS a local govemlllCDt - 'Usually not just the utility for City Or County) for the latest completed fiscal year mU$t accompany items 1 and 2 above to complete the financial package for review by !he FDEP. If the Departmrnt find$ through its rev:iew of the financial statements that the financial strength of the unit of local government is qucstionable, the Department may notify the penninee of it$ intentions to deny the financial package as su bmilted. The permittee would then be tcq1.1 ired to submit an alternate financial demonst:r1ltion to meet the requirements of Rule 62-528.435(9), F.A.C. Mar, 6. 2007 9 : 1 5 AM DO('JI')RTY ROMER & CO. I ) No. 2690 p, 12 PlugrriT1j' and Abandonment Plan/Corr Determination - In order tD demonstrate finmcial respoll!ibilily a permittee or applicant must submit a detailed plugging and abandonment (P&A) plan to the Department for approVlll (injection and monitor well). The P&A plan should COnlain the following information: I. A step-by-step plugging plan indicating where cement and other fillers (if any) will be placed. 2. A drawing showing the well cona; truetion and proposed placement of plugging materials. Appropriate depths should be indicated on this drawing. 3. Calculations showing the derivation of the volume of cement and other fillers (If any) needed to plug the well according to the plan ptepllred in Items I and 2 above. Separate calclllations should be made fot each well. 4. Calculr.lions showing the derivation of the tOlal cost for pluuiDi each well (injection and monitor welles)). Costs should be itemized for each well (i.e. cement cost, InObilization cost, etc.). Financial responsibility must be demonstratM for the sum of Ihl.' total cosl& for all injection .and associated monitor wells at a facility. Timi1l1? of Demon3Irat;(ms . Department rules require that finalicial reaponsibility be demonstrated al the time of permitting and maintained. A demonstration offUlllJ1cial rosponsibility will be required for each constm.ction and openltion pennit application. Also, at any time chuing II pennit cycle, if updated plugging and abandonment costs exceed tlle initial financial certification ltmo\mt by ten percent Or more, Ihen a redemonstrlltion $ball bll $'\lbmitted to the Department. Updated pluaging and abandonment cosl estimates should be provided to the Department at the midpoint of the pcnnit cycle. Permittees which utilize II UIC Financial Test shall redemonsltate annually, and forward the latest annual report Or fmaocial statement. Financial responsibility is requited for Clm I injection wells, and auy monitor well which penetrates to a depth below the underground source of drinking water. ~mmQry - Department urc rules require that a permittee for a Class J injection well demonSlnlte and maintain financial respOll6ibility. To do this, the applioant Or pennittee mllst first develop a plugging and IIbandonment plan and detennine Ihe cost associated wJth implementing this plan ghould it become necess&l)'. These costs 8hould be updated dl1ring the midpoint of Ihe ptnllit cycle and if the cost is ten percent OJ mare above the amOunt of the previous financial responsibility rlen1ODstration is based, then !l rcdemonstration mllst be mllde to lhe Department. Once the costs have been delermined, several methods are available to demonstrate financial responsibility. Each method is described in the Departmenl's guidelines for demonstrating linancial responsibility. Mar, 6, 2007 9:15AM Dorl/')RTY ROMER & CO. ( ) No. 2690 p, 13 CER~lFICATION OF FINANCIAL RESPONSIBILITr The I a unit ot local government of the State ot Florida, hereby certifies that it has unconditionally obligated itself to have the financi~l re~ources necessary to close, plug, and abandon its Class I underground injection well(sl and related monitoring wells, as required by Chapter 62~528( Florida Administrative Code. It is further understood that the co~t e~timate to conduct plugging and abandonment, established on , shall be reviewed (D.!Ite of Co"t ,f;~hmdte) on an annual basis ~nd this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in anyone year shall require submission of an updated certification form. List of Injection Wells Covered By This Agreement: (for each injection well list the following information) Facility Name: Facility Address: Facility Contact: Phone Number: LatitUde/Longitude of Injection Well: DEP/EPA Identification Number: Current Plugging and Abandonment Cost Estimate: It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. (Signature) (Print Name) (Title) (Date) Mar, 6, 2007 9:15AM Dor~~RTY ROMER & en ( ) No, 2690 P. 14 CHAPTER. 218 FINANCIAL MATTERS PERTAINlN'G TO POLITICAL SUBDIVISIONS PART V FINANCIAL EMERGENCIES 218.50 Short title.-.Sections 218_50-218.504 mall be known liS the "Local Government Financial ElI1erge.ucies Act.. History.--s. 8, eh. 79-183. 218.501 Purposea,-- The purposes of ss. 218.50-218.504 arc: (I) To preserve and protectlhe fiscal solvency ofloeal govemmenlal entities. (2) To auist local governmental entities in providing C!lsential services without interruption and in meeting their financial obliglltiO/lS. (3) To Mslst loc~l governmental entities through lhe improvoment oflocal financial management procedures_ HJstory,--s. 8, ch. 79-1&3; 8.25, eh. 96-324. 118.502 Defmition.--As used in ss. 218..50-218.504, the term "local govenuIlC!ltal entity" means a county, IUIlnicip<lJiIy, or special district. History.--s_ B, ch_ 79-183; s. 26, ch_ 96-324_ oeems: 2UI.503 Determination of financial emergency.-- (1) A local governmental entity is in a sUIte offrnencial emergency when any of the followini conditions (a) Failure within the same fiscal year in which due to pay short-tenn loans from banks or failure to mue bond debt service payments wh~ due. (b) Failure to transfez- at the appropriate time, due to Jack of funds: I. TlIXes withheld on the income of employees; or 2. Employer end employee contributions for: 8. Federal socitl security; Or b. Any pension, retirement, Or benefit plan of an employee. (e) Failure for one p.y period lo pay, due to lack of funds; 1. Wages and s!llanes owed to employees; or 2. Retirement benefits owed to former employees. (d) An WlIeiernd or total fund balance or tctllined earnings deficit for which sufficient resources of the local governmentlll entil)' arc not available to covez- the deficit for 2 successive yoars. (e) Noncompliance of the local government retirement system with actuarial conditions provided by Jaw, (2) A local governmental entity ~all notify the Governor and the Legislative Auditing Committee when one or more oftbe conditions 6pecified in subsection (1) have occurred or will occur ihetion is not taken to assist the local governmenlal entity. In addition, any state agency must, within 30 days after the identi6catilln of the financial (JJJ1eTgency, nobfy the Governor ~nd the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) hllve occ~lO-ed or will OCCUr if action is not taken to assist alooal govemmenla! ontity. (3) Upon notification that CIne or more of full conditions ill subsection (1) exist, the Qovernor or hi, or her de~i8nee shall cootact the local governmental entity 10 determine what actions have been Ween by the local governmental entity to resolve the fmancial emergency. The Governor has the authority co implement measllrt:s as sel forth in 8S. 218.50-218.50410 resolve the financial emergency. Such measures may include, but are not limited to; (Il) Requiring approVllI oithe local govenunenral entity'8 budget by the Governor. (b) Authoriring a state loan to the 10ClI! governmental entity and providing for repayment of same_ (c) Prohibiting alooal governmental entity from issuing bonds, notes, certificates ofindebtednes&, or any other fann of debt until such limo as il is no longer Jubject to this section. (d) Making such inspections and reviews of recorda, infonnation, reports, and Msets of the loeal governmental entity, in which inspe<Jtions and Teviews the appropriate loca.l officials shall cooperate. "Mafe Protection, Lt>.'io~ Pmcess" www.dep.$(alf<.rr.us Mar, 6, 2007 9:15AM Dor~!RTY ROMER & CQ ) ( , No. 2690 P. 15 (e) Consulting with the officials of the local govcmmcntal entity and the Bppropriate itate agency regarding any steps necessary to bring tbe books of accotml, aocounting systems, financial procedures, and repor\9 into compJiance with state requirements. (f) Providiug technical assistance to the local governmental entity. (g) I. Establishing a finaucial emergencies board to oversee the activities of rhe local governmmtal entity. The board, if established, shall bo appointed by the Governor. The Governor shalllelect a chair and such other officers as llre necessary. the board shall adopt such ntles ~s arc necessary for conducting board business. The board may; B. Make such revicws of records, reports, and auets of the local gO\lemIllClltal entity as are needed. b. Consult with the officials of the local govcmmeutal ontity and appropriate state officials regarding Ilny steps necessary to bring the books of account, accounting syatems, financial procedures, and reports of the local gove.rnmentalllDtity into compliance with state reqllirements. c. Review tbe operations, management, efficiency, productivity, and financing offunctioftS aDd oP~nltions of the local governmental CIItily. 2. The recommeudlltions and reports made by the board mUst be &ubmitted to the Govomor fDr appropriate action, (11) Reqlliring and approving 8 plan, to be prepared by the appropriate slllte .goncy in conjunction wich the local goveI'Dl'Ilental entity, prescribing actions that will cause the local governmental entiLy to no lougcr bo subject to this se<:non. The plan must include, but need 110t be limi ted to: I . Provision for payment in full of all payments due or to come due an debt obligations, pension payments, and all payments .nd charges imposed or mandated by feeleral or srate law ancl for all judgments and past due accounts, as priorily items of expenditures. 2. Establi.shm<mt of a basis of prioriL)' budgeting or :terG-based budgeting. so liS to eliminate low-priority items thai are not affordable. 3. The prohibition of a level of operations which can be sustained only with nonrecurriCli revenues. (4) During the fiJll\neial emergency period, the local governmental entity may not seek application oflRws Wider the blmkruptcy provisions ofthc United Sta~ Constitution except with the prior approval of the Governor. HistorY.us. 8, ch. 79-183; $,54, th. 89-169; s. 1180, ch. 95-147; s. 27, ch. 96-324; 8. 29, ch. 97-96. 218.504 Ces,atio:u of state actiOJl.- The Governor bas Ihe authority to terminate all state actions pursuant to 55. 218.50-218.504. Cessation of stllte action must not occur until the Governor has determined that: (I) The local governmental entity: (a) Has established and is operating an effective financialllccounting and reporting system, (b) Has corrected or eliminated !he fiscal emergency cOlldiLions outlined in s. 218.503. (2) No new fiscal emergency conditiOl'\$ ex:ist. Histol'Y.--s. 8, ch 79-183; s. 28, eh. 96-324. VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to C itv Clerk's Office 0 August I. 2006 July 17,2006 (Noon.) 0 October 3, 2006 September 18, 2006 (Noon) 0 August 15.2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon) [8J September 19,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6.2006 (Noon) 0 Anno uncements/Presentati ons 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$I,500 for Gulf Stream Council, Inc. Boy Scouts of America, $2,000 for the Community Caring Center and $1,000 for the Galaxy Elementary School Spring Carnival from Mayor Jerry Taylor's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of the following: " $1,500 Gulf Stream Council, Inc. Boy Scouts of America " $2,000 Community Caring Center , $1,000 Galaxy Elementary School Spring Carnival PROGRAM IMPACT: Allocation offunds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. Department Head's Signature AL TERNA TIVES: Decline to authorize the requested use. Assistant to City Manager City Attorney / Finance Department Name S\I3LLLETINIFORMS\AGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 13, 2007 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $1,500 Recipient/Payee: Gulf Stream Council, Inc. Boy Scouts of America Description of project, program, or activity to be funded: Provide uniforms, program materials and help underwrite the cost of camping and other outdoor adventures. Dated: .3-/I-cJ 7 By r~ /6Je'.? , v Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $15,000. $2.500 has been used to date by the requesting Member, leaving a balance of available funds of $12,500. This request would bring the available amount down to $1 LOOO. Accordingl y: )l; There are funds available as requested ~ There are insufficient funds available a~7Wesi.e~. j Dated: ,-j!r4/V7 By: ~J~ I I Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) :J The proposed expenditure of funds will not result in improvement to private property; :J The recipient/payee provides services within the City of Boynton Beach: ::J The project program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City: and ::J Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc ''''~''--'~''-'''''""''"'_~_~~'''''''~'''"''<'''''''''.J'';''''''''~~-'''''';'''''''"~ Gulf Stream Council. Inc. Boy Scouts of America f','\35 North Militmy Trail p,i\m fleach Cimdcn:;. Florida 334 10 phone 56 J -694-8585 FdX: 561-6L14-L1050 wwW. \~u list rea mcOl I nci l.on,~ February 19, 2007 Dear Mayor Taylor: Thank you for your support of the Gulf Stream Council, Boy Scouts of America. With your support over the past years Boy Scouts Of America has been able to continue to provide quality programs and services to the Boynton Beach community, with nearly 1,400 young men participating in our traditional Scouting programs. The Boy Scouts of America have been serving the youth in our area for nearly one hundred years. Today, Scouting Values are needed more than ever. I know that our two organizations share the goal of bettering the lives ofthose around us, especially children, and that is why I am contacting you today. The BSA is committed to bring back scouting to the various ethnic minority communities within the community. These young people so desperately need a program such as Scouting. Financial support provides uniforms, program materials and helps underwrite the cost of camping and other outdoor adventures. The Gulf Stream Council, Boy Scouts of America would like to ask your help to support the efforts of this Council by considering a $1,500 contribution this year. I look forward to hearing form you. Sincerely, ..;r"~- .-- .. . .,,'- Jim Bowman District Executive (561) 667-3431 jbowman@bsamail.org EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 13, 2007 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $2,000 Recipient/Payee: Community Caring Center Description of project, program, or activity to be funded: Funds are to be used to provide food for the Community Caring Center. Dated:J- /1I-c:J /7 By: rr.~ /~ " ,> Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $15,000. $4,000 has been used to date by the requesting Member, leaving a balance of available funds of $11,000. This request would bring the available amount do\^m to $9.000. Accordingly: j( There are funds available as requested :J There are insufficient funds available a Dated: ..... ~)1() 7 By: Part 111- Eligibility Evaluation (to be completed by City Manager) :J The proposed expenditure of funds will not result in improvement to private property; :J The recipient/payee provides services within the City of Boynton Beach; :J The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and :J Proper safeguards wi1J be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager SICity MgrlAdministrationlMA YORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05- 06 doc ;"~"'."W~"''''''''''~~'''1f''',*"''''''J''''V''''_;'''~~"''''_;"",, EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 13, 2007 Requested by Mayor/Commissioner: Mayor Jerry Taylor Amount Requested: $1,000 Recipient/Payee: Galaxy Elementary School Description of project, program, or activity to be funded: Help to fund Galaxy Elementary School Spring Carnival on Saturday, April 21,2007. Dated:3-/y'-C) 1 ( By: Part II-Ayailability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $15,000. $6,000 has been used to date by the requesting Member, leaving a balance of available funds of $9,000. This request would bring the available amount down to $8,000. Accordingly: )l There are funds available as requested o There are insufficient funds available as r Dated: (-3//L//ol { ( By: Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and o Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Guam Sims Principal Alvin Perlman Assistant Principal ELEMENTARY SCHOOL 301 Galaxy Way Boynton Beach, Florida 33435 Phone 561/369-7090 Fax 561/369-7041 3/1/07 Mr. Jerry Taylor Mayor of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach I Florida 33435 Re: Galaxy Elementary Community Spring Carnival - Galaxy Elementary Community Spring Carnival Saturday, April 21, 2007 Dear Mayor, Jerry Taylor: Galaxy Elementary along with our Shining Stars families is having a Community Spring Carnival. In conjunction with this carnival, we wi" be showi~g .appreciation to our c~mmunity and ~akehoJders who have supported ~OOL Dl.s- our shIning star students durIng our academIc school year. ~( ~J'-l 1~ ~.t- ~ BEACH ~:, '"'''''''"''''''''.:;.$~~'~~''k'f.'''''"''''''__~''''''' This carnival will take place a month after the FCA T and this is our way of showing our students and community that we appreciate them for all of their hard work, especially our shining star students. We are hoping that this family and community event get together of fun, food and laughter, would be a way of relieving some of the stress our students felt when preparing for and taking the FCA T. We are asking you to join hands with us as we make this event a grand success. We would like for the City of Boynton Beach, to make a contribution to this fun filled cause. Please see attached our expense sheet. Any amount that you might be able to contribute will be greatly appreciated. If donating, we would like to receive the contribution no later than Friday, March 16, 2007. Make all checks payable to Galaxy Elementary School. Thanking you in advance for your donation and cooperation. If you should need further information, please feel free to call, Erica Minus, Guidance Counselor at Galaxy Elementary School, (561) 739-5600 Y~rs in E~uC4tion~' Er.C4 R. Monus U ~ Jan 28 07 1241p P alri ck Lem ke A perfect 'PartY~ Inc. ~lf5-A Southern BlVd. WeSt 'Pa1m BeaCh, FL 33tf15 (561) 798-17li4 Fax (561)686-3693 CJJlLlw.aperfectpa~ . net Name f AddrEss Galaxy Elementary 301 GalllXy Way Boynlon BelICh. FL 33435 Atm.: Erica Minus Party Date Time Home Phon 4/2112007 4- Hour.: Description 24' high Dry Slide with ll.ttllndnnt Bungie Run with attendant f)uTlk Tank. no attendant 2 Ponics w. handlers 2 houn; CRmival Booth - 2 Garnes w. Attendant and Pri",es (\111k To,;s. Belll1 Bag Toss. Double Sh()[ Ba.'lketbalJ, and Brenk Cvlt(m Cundy w. Attcndunt and 250 Supplies Hot Pn::l::r.d w. Atlcndllflt:md 100 Supplies Candy ^pple~ I{)() en!. Mechanical Ridc..~: Space: Orbiter Bu~kcl ride w. attendant people- (similar to Straw berry Ri ue;) Mechanical Rides: Airplane Ride w. attendant. 8 people - ~,"<''''''''''~-'"''''''''';,~,.. e# Rotl liP!; . It 561-792-0622 P::' Estimate Date Estimate # 4/21/2007 497 Co" Phone # Work Phone # Fax#: J69.7090 369-7041 Qty RS1e Total I 400.00 400.00 I 375.00 375.00 l 175.00 175.U() r 385.00 3S5.00 2 325.00 650 DO 1 250.UO 25000 ] 240.00 240.00 1 300.00 30000 ] 700.00 700.00 ] 700.00 700.00 Subtotal $4,175.00 Sales Tax (6.5%) $0.00 Total $4.175.00 Signature CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM G. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12, 2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 March 5, 2007 (Noon) D Februal) 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D Anno uncements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$2,000 for the National Youth Association for Academics & Athletics, Inc. from Commissioner McKoy's Community Investment Funds. EXPLANA TION: Commission approval is requested for allocation of $2,000 for the National Youth Association for Academics & Athletics, Inc. to assist in funding for hosting an Annual High School Seniors Boys & Girls All Star Basketball Classic at Boynton Beach Community High School. This organization was previously funded through Community Investment Funds on AprilS, 2005 for $1,000. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: ecline to authorize the requested use. ~ City Manager's Signature De Assistant to City Manager Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 16, 2007 Requested by Mayor/Commissioner: Commissioner Carl McKoy Amount Requested: $2,000 Recipient/Payee: National Youth Association for Academics & Athletics, Inc. Description of project, program, or activity to be funded: Funding for hosting an Annual High School Seniors Boys & Girls All Star Basketball Classic at Boynton Beach Community High School. Dated:,i-/~-",/, BY:_~,,=, I~ Part II-Availability of funds (to ie completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $15,000. Nothing has been used to date by the requesting Member, leaving a balance of available funds of $15,000. This request would bring the available amount down to $13.000. Accordingly: X There are funds available as requested o There are insufficient funds available as r Dated: J!r<P!OJ I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) ~The proposed expenditure of funds will not result in improvement to private yroperty; rThe recipient/payee provides services within the City of Boynton Beach; ~The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~oper safeguards will be implemented to assure that the public funds being appropriated will be used for the state~ Pj~e. '3 -( b- 07 By: ~ City Manager -- Dated: S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc N.YA.A.&A. The N ational Youth Association for Academics & Athletics Dear Friend: "Investing in the future through our youth 11 The National Youth Association for Academics & Athletics, Inc. isa grass-root non- profit 501 C3 organization that was established to provide programs and activities that fulfills a demonstrated need for the youth in our community. This organization provides personal growth for youth, while reinforcing positive influences, self-confidence, self-esteem and the ability to excel in the future. NY AA&A is also committed to our community need by educating, motivating while encouraging leadership, teamwork, sportsmanship and fun through the involvement of our programs. With our associations we help elementary students, prepare for middle school; middle school students prepare for high school; high school student prepare for college and college student prepare for life! In 2003, we successfully established a youth flag football league, which is now run by our local City Parks & Recreation Department. We are in the process of sponsoring aT-ball league with in our city and each year we sponsor under privilege youth, to attend swnmer sport camps. In 2005 we hosted our 1 st Annual Black-Tie Gala in honor of celebrating the 51st Anniversary of Brown vs. The Board of Education. During this event, we honored three local pioneers who integrated two local high schools after this famous ruling. We also rewarded three local high seniors with our annual "Les Evans" scholarship. We are now in the process of hosting our Annual High School Seniors Boys & Girls All- Star Basketball Classic. This event gives over ninety high school seniors from Palm Beach, Orange, Osceola, Seminole and Lake Counties a great opportunity to continue their education through an athletic.scholarships. Over the past four (4) years we have help thirty-seven (37) high school seniors attend college through this event. As you know a non-profit organization rely on sponsorships, donations, and contributions to help continue our mission. Therefore we are requesting sponsorship to help cover the cost of the upcoming event. Proceeds from this event goes toward our "Les Evans" sponsorship fund. If more information is needed, please contact us at 561-736-5743 or 561-436-8997, we would like to thank you in advance for your support. Checks can be made out to the National Youth Associationfor Academics & Athletics, Inc. Sincerpfy, . C~~.~ ./ President. NYAA&A 2001 N. Seacrest Blvd. · Boynton Beach, FL 33435 · (561) 512-~689 · (561) 752-2019 · Fax.(561) 736-5743 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM H. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5. 2006 November 20,2006 (Noon.) 0 0 January 2. 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16.2007 January 2, 2007 (Noon) C8J March 20, 2007 March 5, 2007 (Noon) 0 February 13.2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NA TURE OF 0 Adm inistrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOM M ENDA TION: Authorize the use of $3,000 for the Jayne E. Miller Nursing Scholarship Fund from Commissioner Weiland's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$3,000 for Bethesda Memorial Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students. This organization has been previously funded through Community Investment Funds on the following dates: , $l,500 , $2,000 , $2,500 April 20, 2004 May 3, 2005 May 2,2006 PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. Department Head's Signature ~ature A L TERNA TIVES: Decline to authorize the requested use. Assistant to City Manager Department Name City Attorney I Finance S\llUI.I.ETINIFORMSIAGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 16, 2007 Requested by Mayor/Commissioner: Commissioner Ron Weiland Amount Requested: $3,000 Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students. Dated: 3 - /~ - 6J/' By: n~//~L- Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $15,000. $5,500 has been used to date by the requesting Member, leaving a balance of available funds of $9,500. This request would bring the available amount down to $6,500. Accordingly: )( There are funds available as requested o There are insufficient funds available Dated: -3 /1C4 to 7 I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; ;;/ The project, program or activity which is being funded will occur in the City . ..;6f Boynton Beach and participation is open to all residents of the City; and 6" Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated pu ose. Dated: 1, - \ (0 ~ '01 By: S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc " ;:)IHrrJ.l~ '" LUVU .LV...J".,) r...:Jf r r~.,;) WHO IS JAYNE MILLER? Jayne Millers long brave battle with cancer started on April 1, 1990 when she sought treatment in our E.D.for what she thought might be signs and symptoms of an Innamed gallbladder. After a work-up including lab test$ x-rays, ultrasounds, CAT Scans and liver biopsies, the diagnosis was made - malignant melanoma of the liver. More than Rkely the melanoma was of the ocular varfety; which was probably a metastasIs from the ocular melanoma of the eye, she had enucleated 7 years prior. As Jayne often tackled problems in her systematic, goal-orlented way, she investIgated each avenue that she thought might be open to her from liver transplant to experimental Jeukovorfn treatment. Weighing the benefits against the risks, and narrowing down the alternatives, she sought treatment at the University of Miami where she had to undergo tortuous hours of treatment in claustrophobic conditions resulting in severe side effects that had her and her family wondering if. she would ever get through the next treatment When"she was strong enough, she'd return to work and pick up where she reft. off as if she weren't going through the most dlmcuft battle of her entire life. With the shadow of her father's 9 month battle with cancer constant In her mind and th$ failure of the first tr~atment, she went on to receive chemotherapy while awaiting her placement In an NIH study for experlmentalleukovorin andinterferron therapy at the National Cancer Institute in Washington. Matching her case and progress with similar pafienl$ in ~e study I she calculated the progression of tf1e cancer within her liver now 30% Involvement, now 35% Involvement,and ftnally 75%. Ultimately Ute experts at Nel could do no more for her and thought It best to discontinue itle trea,tment since at this point the benefits no longer oLitwerghed the risks. Undaunted. Jayne stili Investigated alternatives. taking her strength from her strong religious beliefs and her supportive Immediate and extended family. Her husband carried on the every day activities of raising twO boys, one 18 and one 5, with the help of his parents, a. well as having the demands of a very responsible Job with the PBC Fire Department with which to contend. Jayne's mother, now a widow due to her husband's unsuccessful "battle with cancer, gave up her life in Ohio to accompany her daughter on every treab'nent wherever it was. She, maintained the housekeeping chores of a busy family life and cared for Jayne when she was tlnally confined to her home. Jayne would oftenreftect on her circumstances. She said that right before she \Na9 diagnosed she felt that she had been wo'rkfng tOo hard, stretching herself in too many directions Bnd that she'd better heed the warning signs of too much stress and too much work. She had a gen~1 sense of impending illness although nothing specific In terms of signs and symptoms until the right lower quadrant pain the weekend before she was dIagnosed. She often reftected on the outcome. should she haVE! sought ehemothetapy after the enucleation of the ocular melanoma seven years prior. which was an alternative posed to her then that she turned down. She added that, although being a nurse, she didn't really internalize the severity of the existence of a melanoma and thought that the surgical excIsion of It was enough at the time. After all. she never really felt "slckll as a result of her eye. . ,J I"'" I .J,.I"'f'o.J --., --. --~- -_.~- ., - After repeatedly getting a clean bill of health from fonow.up cancer screenings years down the road from the enucleation, it reinforced even more that her battle with cancer was over. Thus having been lulled Into a false sense of security, she let the CAT Scans of the Abdomen, etc., slip In the year or twO prfor to her liver melanoma diagnosis. She often brought up this sad fact knowing full well that there was more hope for a s.uccessful outcome should the tumor have been found before there was 30% liver involvement. We used to try to convince her.that it was easy to make all the right decisions In retrpspect but I knowshe regretted it I bring this up now not to shed fight on a "character" flaw of a truly noble humanbefng who was more graciOUS in sickness than she even was in health; and thafs going some. She had the remarkable talent of making you feel more comfortable with herilfness than you.thought you could be. I emphasize it now to demonstrate just how fragile one's existenoe on this earth Is, and to not grow ~asual about taking special care of one's health. If one were to err, better to err on the side of caution' than dismissing it as an over,;,reaCUon. Being the kind of person she was, J know Jayne would have wanted some purpose to come of all this besides the suffering and pain she and her family have gone throug h and ate still experiencfng from her IOS9. Jayne died onFebru~ry 17, 1991 t at the age of 35, after a 9 month battle with cancer. Shortly before her death the opportunity presented Itself to inform her that we would be naming the Nursing Scholarship Fund after her. The plessed look on her face was evident at this announcement and the prospect of launching the education Qf nursing students in pac Where she had the opportunity to h$Ve her nursing career flourish. Her family and friends h'I;lV9 risen to that occasion by making numerous and g~neroiJs donations to the fund In her name. Her &On8, J~me8 and Matthew survive Jayne. She Is In aU our hearts, and W& keep her alive In our thoughts and with every scholarship we award to the Palm Beach County community..Ourtng Nurses's Weeks in the past, a few of the events have Centered on fund raising &ctJvities for the Scholarship Fund. VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20, 2006 (Noon.) D February 13, 2007 February 5, 2007 (Noon) D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 February 20, 2007 (Noon) D January 16, 2007 January 2,2007 (Noon) [gJ March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business [gJ Public Hearing D RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on February 27,2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-007. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION Jerry's Cigar Lounge (Paz Plaza) (COUS 07-001) Jerry Pearson II Jerry Pearson II 3301 West Boynton Beach Boulevard Request for conditional use approval for a 1,200 square foot "cigar lounge" in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~- City Manager's Signature U1 /' IA"A ,,\0 Assistant to City Manager lJ""l/'" C) -.I .." fT1 CD N ....0 <J n=i :::{-< -<c CJ -" m c.~: a :':~~ (.i1~ a c::> --- -'1 ........ ...,.,m -rrl n1> rrle-> ::I: :0- :J: \.D Develop lvL')~ PlaMing and ing Director City Attorney! Finance S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001 \Agenda Item Request Jerry Cigar Lounge COUS 07-001 3-20-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-007 TO: FROM: Chair and Members Planning & Development Board Michael RumPf~ Director of Planning and Zoning ~'(V (ir Gabriel Wuebben'\o Planner THRU: DATE: February 20, 2007 PROJECT: Jerry's Cigar Lounge / COUS 07-001 REQUEST: Conditional Use for bar/lounge (Beer and Wine) PROJECT DESCRIPTION Property Owner: Paz Plaza, Inc. Applicant/Agent: Mr. Jerry Pearson II Location: 3301 W. Boynton Beach Blvd. (see Location Map - Exhibit "A") Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Bar/Lounge Acreage: 1.18 acres Adjacent Uses: North: Right-of-way for the LWDD L-24 Canal and further north, developed commercial property (Walmart) zoned C-3 (Community Commercial); South: Right-of-way for Boynton Beach Boulevard, and farther south, a planned residential development (Stonehaven) zoned PUD; to the southwest, commercial office building zoned C-1 (Official Professional); East: Vacant property zoned C-3 (Community Commercial); and West: Developed commercial property (Greentree Plaza) zoned C-3 (Community Commercial. ,,,,"_C~>>"'*~'i1'''' '.t,"'f~J:1ilt 1 'r-"-'n~'jill~~.'~""_,,..'~d,">-,,.~ Jerry's Cigar Lounge - COUS 07-001 P"3ge 2 Memorandum No. PZ 07-007 BACKGROUND Mr. Jerry Pearson is seeking conditional use approval for a 1,200 square foot "cigar lounge" that proposes to serve beer and wine in conjunction with the sale of, and on-site smoking of, cigars in a small commerce plaza) located on the north side of Boynton Beach Boulevard about one-half mile west of Congress Avenue. The lounge will seat eleven patrons around a bar, and will provide assorted seating (lounge chairs, sofas) for approximately six to eight more patrons. A large humidor (a container or room where the humidity is controlled for storage and display of cigars) will occupy the wall at the west portion of the space. An office and a new restroom for patrons will be constructed, and an existing restroom will be preserved for employee use. Jerry's Cigar Lounge will be located in a bay at Paz Plaza, on a 1.1B-acre parcel in the C-3 (Community Commercial) zoning district. Per Chapter 1, Article II. Definitions, of the Land Development Regulations, a "bar or cocktail lourn]e" is defined as follows: "An establishment devoted primarily to the serving of beer, wine, or liquor, or any combination thereof, for on site consumption. The service of food shall be incidental to the service of alcoholic beverages." A bar is a conditional use in the C-3 zoning district when located within six hundred (600) feet of property lying within a residential zoning district as measured by direct distance between property lines. A conditional use requires greater scrutiny in reviewing site design, operational characteristics and potential impacts on surrounding properties. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. Per Section 11.2.D., the Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to a current survey of the subject property, there are two (2) existing points of ingress/egress. The first existing access point is located at the southeast corner of the property, and provides direct vehicular access from Boynton Beach Boulevard. The second existing access point is located at the southwest corner of the subject property, and also provides direct vehicular access from Boynton Beach Boulevard. Both driveway widths appear to meet code requirements. These access points adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment. However, during reviews involving older developments, staff looks for opportunities to improve non-conformities or other site deficiencies. In this instance, staff recognizes the opportunity to provide cross-access between properties in an effort Jerry's Cigar Lounge - COUS 07-001 Page 3 Memorandum No. PZ 07-007 to reduce the number of vehicles accessing a roadway link to only turn into the next property. Coincidently, the vacant parcel to the east is undergoing staff review for the development of a doctor's office. Staff has placed a Condition of Approval on the doctor's project to provide access up to the property line for the subject project (Paz Plaza) and recommends as a part of this conditional use approval, that the owner of Paz Plaza agree to this interconnection of properties through a cross- access easement agreement. Repeated attempts to reach the plaza owner have been unsuccessful, therefore we do not have their perspective on this request. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economi~ glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The proposed use will utilize currently vacant space in an already approved shopping center which fulfills current parking requirements per its original approval. One (1) parking space is provided per two hundred (200) square feet of gross leasable floor area. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Consistent with Comprehensive Plan poliCies and city regulations, existing refuse and service areas are already provided and currently in use for this location. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are already available and currently in use for this location. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed use will have no effect on the existing landscaping, which has already been approved and found satisfactory through the original shopping center's site plan approval process. With the new permit application, the entire site (Paz Plaza) may be re-evaluated to assure conformance with existing landscape regulations, as noted in Exhibit C - Conditions of Approval. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The existing shopping center sign is located on at the southeast corner of the parcel adjacent to Boynton Beach Avenue and will remain with the provided, required landscaping. All existing signage will remain, and no new signage is proposed on site. The addition of Jerry's Cigar Lounge will not alter the site's exterior lighting, which has already been approved and found satisfactory through the original shopping center's site plan approval process. With the new permit application, the entire site (Paz Plaza) may be re-evaluated to assure conformance with existing signage and lighting regulations, as noted in Exhibit C - Conditions of Approval. 7. Required setbacks and other open spaces. The proposed use will have no effect on the existing building footprint, which remains compliant with setback requirements per the original shopping center's site plan approval. 8. General compatibility with adjacent property and other property in the zoning district. Jprry's Cigar Lounge - COUS 07-001 P".ag e 4 Memorandum No. PZ 07-007 In general, the proposed tenant would be compatible with other existing businesses in the C-3 zoning district within the Boynton Beach Boulevard corridor. The general design of the building will not be altered as a result of the introduction of this use into the shopping center. The proposed use entails the sale of cigars, beer and wine in a lounge environment. There is no request for amplified sound. Staff thus opines that a noise nuisance will be not created for neighboring commercial nor residential uses. 9. Economic effects on adjacent and nearby properties, and the city as a whole. Based on its distance to nearby residential properties, and existing site buffering and landscaping, staff opines that there would be no negative effect on nearby properties. 10. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 11. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, staff recommends that this request for conditional use be approved subject to satisfying all comments indicated in Exhibit "CIf - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. It should be noted that the future addition of any amplified sound or entertainment, would exceed the scope of this request approval. Any such changes or additions would require approval through the conditional use process including commission approval. However, the playing of music, televisions or other video entertainment at volumes that are equal to or lower than normal conversation levels within the establishment, is construed to be accessory to the subject approval. S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\,Jerry's Cigar Lounge COUS 07-001\STAFF REPORT COUS MSPM.doc Exhibit "A" · Jerry's Cigar Lounge (of Paz Plaza) Location Map :r: I- :J Z :,L BOYNTON BEACH ~ 1'1\ ns CO W' ~ ._ o .... 0 .- 0 .... :1 .- Q) e~E I ~. E () ~oo 10 .... 0 a.. .. 190 95 0 I 190 380 570 ~ 760 +'! I Fee'"' ........~ ' " EXHIBIT B D &" 1'-':1" 11'-&" ~D 1I'-iZ)" P05 UMIPOR 'f ill '" d;' o 1':1'-'" \ "- '-- Exhibit C - Conditions of Approval Project name: Jerry' Cigar Lounge File number: COUS 07-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General II Comments: NONE I X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION j i Comments: NONE X i P ARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: 1. The existing landscape trees, bushes, plants and sod for the entire site should X be located in accordance with the original City approved landscape plans on file in the Planning Department as MMSP 03-101, Paz Plaza. Any existing landscape trees, bushes, plants and sod throughout the site that are dead, missing or in poor health, must be replaced in conjunction with the use of the parking lot for the conditional use. [Environmental Regulations, Chapter 7.5, Article II Sec. 7.C.] CODS 07-001 - Jerry's Cigar Lounge - Conditions of Approval 02/23/07 2 . II DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 2. Staff recommends that the owner of Paz Plaza execute a cross-access X easement agreement in order to provide interconnectivity with the doctor's office project immediately to the east. 3. The subject approval excludes amplified music or entertainment, which would X require separate conditional use approval. This excludes accessory music, television or other video entertainment played at volumes that are equal to or lower than normal conversation levels within the establishment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge CODS 07-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jerry's Cigar Lounge APPLlCANT/AGENT: Mr. Jerry Pearson II AGENT'S ADDRESS: 4772 NW 90th Way, Coral Springs, FL 33067 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20,2007 TYPE OF RELIEF SOUGHT: Request conditional use approval for a 1,200 square foot "cigar lounge" that proposes to serve beer and wine in conjunction with the sale of, and on-site smoking of, cigars in a strip mall development located on the north side of Boynton Beach Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 3301 W. Boynton Beach Blvd. (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001\DO.doc Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 . Citrus Park, Master Plan Modification . Polio Campero, Site Plan Approval . Banks in Quantum Park, Use Approval and Major Site Plan Modification 6. Old Business None 7. New Business Assistant City Attorney Jamila Alexander administered the oath to all who would be testifying. A. Jerry's Cigar Lounge Conditional Use 1. Project: Jerry's Cigar Lounge (COUS 07-001) Paz Plaza Jerry Pearson II Jerry Pearson II 3301 West Boynton Beach Boulevard Request for conditional use approval for a 1,200 square foot "cigar lounge" in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Agent: Owners: Location: Description: Chair Wische read the request into the record and asked the applicant if he was in agreement with all three conditions of approval. Jerry Pearson, 4772 NW 90th Way, Coral Springs, agreed to all staff comments. Gabriel Weubben, Planner, recommended approval subject to all staff comments. Chair Wische opened the issue for public hearing. No one coming forward, Chair Wische closed the public hearing. Ms. Jaskiewicz spoke about ingress and egress for the project and asked why the request was delayed. Mr. Wuebben explained the owner was out of town for three weeks. Ms. Jaskiewicz was not happy with the request. She felt the use was not conducive to the type of development occurring in the C-2 District. Vice Chair Hay explained the building to the east of the subject property was vacant and the building to the west was Moore's Golf Shoes Etc. 2 Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Mr. Wuebben explained the request would be forwarded to the City Commission and the surrounding property owners were notified. There was no further discussion. Motion Vice Chair Hay moved to approve the request for conditional use approval for a 1,200 square foot cigar lounge in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Mr. Cwynar seconded the motion that unanimously passed. B. Estates at Heritage Club Master Plan Modification 1. Project: Agent: Owners: Location: Estates at Heritage Club (MPMD 07-002) Jason Mankoff, Weiner & Aronson, P.A. New Century Boynton One Development, LLP West of FEC Railroad on the north side of Gulfstream Boulevard, (The Estate at Heritage Club PUD, fka Boynton Dixie. Request for master plan modification approval to The Estates at Heritage Club PUD to reduce the approved number of fee-Simple town house units from 82 town houses to 25 town houses and add 56 single-family zero lot line dwelling units (a net reduction of one unit.) Description: Chair Wische read the request into the record and asked the applicant if he was in agreement with all 43 conditions of approval. Jason Mankoff, Agent for the project, had concerns with four of the conditions. The applicant agreed with the intent of Condition 41 but were not happy with the wording. He suggested the condition read, "Revise site plan (sheet CE-2) by adding a note to address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Boulevard." Staff had no objection to the rewording. Condition 30 referenced Parks and Recreation Impact Fees and the remainder of the unpaid portion would be due at time of permitting. Mr. Mankoff advised they already made payment in the amount of $63,222, and they would like a reference to that effect incorporated into the condition. Staff had no objections to the request. The third concern was Condition 34 pertaining to indicating easements, including five (5) foot utility easements in the front and rear of each unit on all landscape plans. He had no objections to the utility easements in the front but explained the property was platted and there would not be easements in the rear of the units. Staff agreed to use what was platted. 3 VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20, 2006 (Noon.) D February 13, 2007 February 5,2007 (Noon) D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 February 20, 2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) ~ March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on February 27, 2007, recommended that the request be approved, subject to modifications to comments #2, #30, #34 and #41, regarding proximity of trees to drive aisles, recognizing fees paid, indicating utility easements per platted locations, and clarification of screen enclosure locations. For further details pertaining to this request, see attached Department Memorandum No. 07-011. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: c::::> -.J ....., f"T1 0::1 New Century Boynton One Development, LLLP N West of FEC Railroad on the north side of Gulfstream Boulevard. (the Estate at Herlri?ge Club PUD, fka Boynton Dixie). :Pw Request for master plan modification approval to The Estates at Heritage Club PUD~ reduce the approved number of fee-simple town house units from 82 town houses to ~ town houses and add 56 single-family zero lot line dwelling units (a net reduction o@e unit). The Estates at Heritage Club (tka Boynton Dixie) (MPMD 07-002) Jason Mankoff, Weiner' Aronson, P.A. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE. ~) City Manager's Signature Assistant to City Manager eM-- hi Jf ~/ Planning and Z9rl1~g Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\MPMD 07-002\Agenda Item Request Estates @Heritage Club MPMD 07-002 3-20-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC n .:J-l ::;-< -<0 ("") ..., ;-CO fTlO ;-:7-< ;^:;::: u)-l <:) Oz ~OJ -fT1 ("")l> me-> :x: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-011 STAFF REPORT THRU: Chair and Members Planning and Development Board and City Commission Michael W. Rump~ Director of Planning and Zoning TO: FROM: Kathleen Zeitler ~Z-. Planner DATE: February 20, 2007 PROJECT NAME/NO: The Estates at Heritage Club (fka Boynton Dixie) MPMD 07-002 REQUEST: Master Plan modification to The Estates at Heritage Club PUD to revise the type of housing approved from 82 fee-simple townhouse units to 25 fee- simple townhouse units and 56 single-family zero lot line units (a net reduction of one unit). PROJECT DESCRIPTION Property Owner: New Century Boynton One Development, LLLP Location: The Estate at Heritage Club PUD (fka Boynton Dixie) located west of the FEC Railroad on the north side of Gulfstream Blvd. (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Medium Density Residential (MDR)/ Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: 56 Single-Family Zero Lot Line Units and 25 Multi-Family Townhouse Units Acreage: 8.6 Acres (entire PUD Master Plan) Adjacent Uses: North: Developed property within the City of Boynton Beach, the northeastern half of the abutting property classified MeDR Medium Density Residential and zoned R-2 Duplex Residential; the northwestern half classified LDR Low Density Residential and zoned R-1A Single Family Residential; South: The right-of-way of Gulfstream Boulevard, then property within the City of Delray Beach classified (from the southeast to southwest) Commerce (Industrial), Transitional Commercial, and LD (Low Density Residential [5 du/ac]); East: The rights-of-way of the FEe railroad and Old Dixie Highway, then property "..,;.'.".~,~~~_~-' ,r"- _'ii' ,'i4iili$~ IT. 1""- ~:il:;lf~,~~.;,i."".:,~,,,~:'4."""!' .._".,.,...",,,._,,~"~.~l;t"''''',"N;;';C,''., Staff Report Memorandum No PZ 07-011 Page 2 classified Special High Density Residential-SHDR (20 du/ac) and zoned PUD Planned Unit Development; and West: Developed single-family residential neighborhood classified LDR Low Density Residential and zoned R-1A Single-Family Residential. BACKGROUND Mr. Jason Mankoff with Weiner & Aronson, P.A., agent for the property owner, is requesting that the Master Plan for The Estates at Heritage Club PUD (formerly known as Boynton-Dixie) be modified to revise the type of housing proposed from 82 fee-simple townhouse units to 56 single-family zero lot line units and 25 fee-simple townhouse units (a reduction of one unit). According to the original site plan staff report, the proposed Boynton Dixie project is a Planned Unit Development approved for 82 fee-simple townhouse dwelling units. The PUD is located on the west side of the FEC Railway, on the north side of Gulfstream Boulevard (see Exhibit "A" - Location Map). To date, the project has been approved for the following: an annexation (ANEX 05-003); a future land use map amendment (LUAR 05-007) from Medium Density Residential (PBC MDR) with a density of 5 du/ac to Medium Density Residential (MeDR)with a density of 9.68 du/ac; a rezoning (LUAR 05-007) from Single Family Residential (PBC RS) to Planned Unit Development (PUD); a new site plan (NWSP 05-024); and a site plan time extension (SPTE 06-008), which extended site plan approval to September 20, 2007. Building records indicate that a master building permit was issued for the 3-unit townhouse buildings in August, 2006, therefore this project is considered to be vested. The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the Planned Unit Development (PUD) district. If the project is to be constructed in one (1) phase, a site plan may take the place of the master plan, as was done in this case, and fulfill the requirements of both a site plan and master plan. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in Planned Unit Developments shall be processed through the Planning and Development Board and the City Commission. The applicant explains that market conditions for multi-family housing have recently changed, and the property owner therefore requests to revise the approved master plan / site plan from 82 fee-simple townhouse units to 25 fee-simple townhouse units and 56 single-family zero lot line units, for a total of 81 units (one unit less than originally approved). A revised plat for the project has been submitted to the Engineering Division for their review and approval. ANALYSIS The purpose and intent of a Planned Unit Development (PUD) district is to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent development. This request for Master Plan modification to revise the type of housing proposed from 82 fee-simple townhouse units to 56 single-family zero lot line units and 25 fee- simple townhouse units will comply with the PUD requirements including unified control, consistency of development characteristics, compatibility with adjacent development, and provision for the private maintenance of common areas. This request was reviewed for consistency with the PUD development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject request and found it to be consistent with adjacent single-family residential lots as well as other PUD's throughout the City. Staff Report Memorandum No PZ 07-011 Page 3 The proposed overall layout of the project is very similar to the previously approved master / site plan. Exhibit "8" depicts the previously approved plan for 82 fee-simple townhouse units and amenity area. The 82 units were proposed within sixteen (16) separate buildings with each townhouse building varying in size between three (3) and twelve (12) units. Each unit proposed was within a two (2) story townhouse building. A recreation area with a cabana and a swimming pool would be located at the south-eastern portion of the development near the sole entrance, while a children's playground is planned at a more central location within the project area. Exhibit "c" depicts the proposed plan for 56 zero-lot line units and 25 townhouse units and amenity area. The single-family detached zero-lot line units are proposed adjacent to existing single-family residential subdivisions to the north and west. Each two-story single-family unit would have either a premium lot (50 feet by 72 feet), or a typical lot (50 feet by 62 feet). Premium lots would be large enough to accommodate a swimming pool, and typical lots would be large enough to accommodate a spa. Three (3) different models of the single-family units offer a variety in unit size and design. The 25 fee-Simple townhouse units would consist of five (5) buildings with five (5) units each, and are proposed on a typical lot of 25 feet by 65 feet. The multi-family units would be located along the eastern portion of the property adjacent to the FEC Railway to the east. The recreation area with pool and cabana, and the children's playground are as previously proposed and in the same locations. The proposed street system, utilities locations, and overall layout of the project is very similar to the previously approved master / site plan. The 25 foot rear setback for units along the north and west property lines of the subject property remain as previously approved, and mirror the required rear setback of adjacent single-family developments. In addition, the perimeter landscape buffer widths, screening, and materials are as previously approved. A total of two (2) parking spaces per unit plus parking for the amenity area is proposed. Each of the 56 zero-lot line units would have a two (2)-car garage. Parking for each of the 25 townhouse units would consist of a one (i)-car garage plus a parking space in the driveway, rather than a two (2)-car garage as previously approved. Lastly, the colors, materials, and design features of the facades for the zero-lot line units are compatible with the townhouse colors, materials, and design features, and are appropriate for the single-family nature of the area. RECOMMENDATION It is staff's opinion that this request for master plan modification is non-substantial and consists of relatively minor revisions to the previously approved plan, and is more consistent with the surrounding single-family development to the north and west. Per master plan amendment procedures, staff has determined that the requested master plan modification is consistent with all current regulations as well as the intent and purpose of the comprehensive plan. Therefore, staff recommends approval of this Master Plan amendment, subject to the conditions listed in Exhibit "D" - Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in the Conditions of Approval. 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FA)(~ H4 7'13-4754 'c.,;""""~_,,",~,,,,,,"~""',,,""."'_' ;t 0 :; ~ l!l ~ EXHIBIT "e" U I ~ --L ~i ~r- If I- fil Illln /1111 i~il f U! H tf';..! '.,- i'" !l . u I~' h Il f~W riri rrrirrrrf ~ ~ ): It; r~.... f ....... ~ i...." I .. .:'. ...rrr:11ffl cu. . . ' iff fiW f . .... f ...- f ! ; r :[11 ~ I!l ",m 5 ~-- n rf in f1f fl fr~ ~. -I ,f, ,. . ; i " .. :. '" ! 1 . f:m )! m 1'----'__ ; ---------------~--___ FLORIDA E.4ST ,. , ---------- COAST RAILR !Ilt ---- OAD It! ----- ,I ---------------.----------- ------------------------------------'----- ----~-----.- _ D~e.'!"!'!..~ . -J" --- ------- --------------~-- __ t' .------- <> ~~ 1 Overall Landscape Plan ~:2i:t~~:~ D ~: ntH,nU"N[ ~TI[8 The Estates at The Heritage Club ~,U'''.'l U""IHtTUIC : ~ f ~ "' '.; J 'M'U'OID..,,,. ~ g '1" ..YnN..r.h~ 'UtnIlMO "' \ Gulfstrenm Boulevard ARCHITECTURAL ALLIANCE ~ Rnynt.on 'ReBc:h, FloridA _. .u..........._.....l.>\MllIItI.[.,.,.,...U... In,.l_l_ U','U4.),,,-oU' ,......__,_ EXHIBIT "D" - CONDITIONS OF APPROVAL Master Plan Modification Project name: Estates of Heritage Club File number: MPMD 07-002 Reference: 2nd review plans identified as a Master Plan Modification with a January 30, 2007 Planning and Zoning Department date stamp marking DEPARTMENTS PUBLIC WORKS - Solid Waste INCLUDE Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). PUBLIC WORKS - Forestry Comments: 2. Revise plans to relocate canopy trees far enough back from drive aisles to minimize the potential for vertical conflicts with high-profile vehicles. PUBLIC WORKS-Traffic Comments: None ENGINEERING X Comments: 3. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the process to re-plat this property through the City's Engineering Division. All Conditions of Approval (COA) generated by the City Commission applicable to this new site shall be reflected on the new record plat. 6. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 7. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in .",.......'>".~~__'";,.,;.-,'4..._..,......., REJECT X Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 2 . DEPARTMENTS INCLUDE REJECT accordance with the applicable City of Boynton Beach Standard Drawings and and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 8. Please provide a time line that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 9. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that may interfere with utility services, either in utility easements or public rights-of-way. 10. Palm Beach County Health Department permit revisions will be required for X the water and sewer systems serving this project (CODE, Section 26-12). 11. Water and sewer lines to be owned and operated by the City shall be included X within utility easements in accordance with the LDR, Chapter 6, Article IV, Section 6. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(e). 12. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 13. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 14. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 3 I II DEP ARTMENTS INCLUDE REJECT Utilities Department's "U tilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. I I FIRE Comments: 15. All buildings, except freestanding private homes, that are over 30 feet high X must have a fire sprinkler system per NFP A 13 R. 16. Entrance gates and all roadways must be a minimum of 20 feet wide for two- X way traffic and 12 feet wide for one-way traffic. 17. Entrance gates must have a KNOX key override installed for Fire and X Emergency Forces entry. 18. Fire hydrants shall be spaced a maximum of 400 feet of road travel apart with X no part of any building further than 250 feet from a hydrant. 19. A flow test shall be conducted within six months of submittal of this project X that shows 1500 gpm at 20 psi available above normal domestic use for Fire Department operations. POLICE Comments: None X BUILDING DIVISION Comments: 20. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 21. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 22. At time of permit review, submit signed and sealed working drawings of the X i proposed construction. , Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 4 DEPARTMENTS INCLUDE REJECT 23. Add to the submittal a partial elevation view drawing of the proposed X perimeter fence. Identify the type of fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and height of the fence shall comply with the fence regulations specified in the Zoning Code. 24. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 26. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 27. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 5 I II DEPARTMENTS INCLUDE REJECT 28. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 29. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton i I Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) . United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) i PARKS AND RECREATION , Comments: 30. Park Impact Fees total $105, 533 (25 Single Family Attached x $1 ,045/unit = X $26,125.00 and 56 Single Family Detached x $1 ,418/unit = $79,408.00). The remainder of unpaid portion will be due at time of permitting. FORESTER/ENVIRONMENT ALIST I Comments: 31. Revise plans to depict an elevation cross-section detail (similar to sheet AO 1 0) X of the actual heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) to visually buffer the proposed buildings and parking areas from the Gulfstream Estates single family residences, and from the Gulfstream Boulevard and Old Dixie Highway road rights-of- way. PLANNING AND ZONING Comments: I 32. Label on site plan (sheet CE-2) the ZOnIng of adjacent development. X I According to Chapter 2.5, Section 9.B., PUD setbacks shall most closely I resemble required setbacks of abutting yards when in other zoning districts. I 33. Revise typical single-family lot layout / setbacks on site plan and landscape X I plan to match. i ,. _ ''''J.".,,.;,,,i,,,,,.,,,,,,,i,,,..~ .~'1\I'.1' I .. .~;,u;;.;i~;.~",."-"",>_,;,,, ,-, "; .". < Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 6 DEPARTMENTS INCLUDE REJECT 34. Revise plans to indicate easements, including five (5) foot utility easement in X front and rear of each unit, on all landscape plans (LP-1 thru LP-8). 35. The removal/relocation of landscape material are subject to review and X approval of the City Forester / Environmentalist. 36. The trees proposed around the townhouse buildings must be installed at Y2 the X building height ofthe building (Chapter 7.5, Article II, Section 5.M.). 37. Revise detail (sheet LC-1) of the fence proposed around the pool I clubhouse X area and along Gulfstream Blvd., to include material and color (Chapter 4, Section 7.D). Also provide the same detail for the emergency access gate off of Gulfstream Blvd. 38. Revise detail of the decorative posts (sheet LC-2) proposed on each side of X the entry drive (west of mail kiosk), to include materials and colors. 39. Revise detail of the typical outdoor freestanding lighting fixture (sheet LP-5) X to also include the exterior finish, materials used (i.e. concrete or aluminum) and color(s). 40. Revise site plan (sheet CE-2) to indicate locations of proposed entrance signs. X Revise sign detail (sheet LC-2) to include the colors of all exterior finishes (Chapter 4, Section 7.D.). 41. Revise site plan (sheet CE-2) by adding a note to address location of screen X enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read "screen enclosures will be limited to the underside of roofed porches. No exterior screen enclosures will be allowed". 42. Revise site plan (sheet CE-2) note 6. and note on typical for premium X homesite re: height of screen enclosures to one-story. 43. Revise site plan (sheet CE-2) graphic for premium homesite typical lot layout X from 6 feet to 8 feet on the non-zero side setback for screen enclosure, to match tabular data. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 44. Condition #2 to read: Revise plans to relocate canopy trees far enough back X from drive aisles to minimize the potential for vertical conflicts with high- profile vehicles, if an exception based on tree selection (i.e. use as of Pigeon Plum) cannot be granted. 45. Condition #30 to read: Park Impact Fees total $105, 533 (25 Single Family Attached x $1,045/unit = $26,125.00 and 56 Single Family Detached X x $1,418/unit = $79,408.00). Records indicate $63,322 has been paid to date. The remainder of unpaid portion ($42,311) will be due at time of permitting. Estates at Heritage Club MPMD 07-002 Conditions of Approval Page 7 I II DEP ARTMENTS INCLUDE REJECT 46. Condition #34 to read: Revise plaH5 all landscape plan pages (LP-l thru LP- X ID to indicate all platted easements required, including such as five (5) foot utility easement in front and rear of each unit. on all landsoape plans (LP I thru LP 8). 47. Condition #41 to read: Revise site plan (sheet CE-2) by adding a note to X address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Blvd to read "soreen enoloSl:lres will be limited to the underside of roofed porohes. No exterior screen enolosmes will be allO'tved" "should not extend beyond the roof line". i ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :IPlanni nglSHARE D\ W PIPROJ ECTSIBoynton DixielM PM D 07 -002ICOA.doc "-"",~,'~~'"",,~,,,,,,*~.'"~",.;......,~.,.,. " DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Estates at Heritage Club PUD APPLICANT'S AGENT: Weiner & Aronson, P.A. APPLICANT: New Century Companies, LLC 909 SE 5th Avenue, Suite 200, Delray Beach, FL 33483 APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20,2007 TYPE OF RELIEF SOUGHT: Request a Master Plan modification to revise the type of housing approved from 82 fee-simple townhouse units to 25 fee-simple townhouse units and 56 single-family zero lot line units (a net reduction of one unit) on an 8.6-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk SIPlanninglSHAREDlWPIPROJECTSlBoynton DixielMPMD 07-002IDO.doc Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Mr. Wuebben explained the request would be forwarded to the City Commission and the surrounding property owners were notified. There was no further discussion. Motion Vice Chair Hay moved to approve the request for conditional use approval for a 1,200 square foot cigar lounge in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Mr. Cwynar seconded the motion that unanimously passed. B. Estates at Heritage Club Master Plan Modification 1. Project: Agent: Owners: Location: Estates at Heritage Club (MPMD 07-002) Jason Mankoff, Weiner & Aronson, P .A. New Century Boynton One Development, LLP West of FEC Railroad on the north side of Gulfstream Boulevard, (The Estate at Heritage Club PUD, fka Boynton Dixie. Request for master plan modification approval to The Estates at Heritage Club PUD to reduce the approved number of fee-simple town house units from 82 town houses to 25 town houses and add 56 single-family zero lot line dwelling units (a net reduction of one unit.) Description: Chair Wische read the request into the record and asked the applicant if he was in agreement with all 43 conditions of approval. Jason Mankoff, Agent for the project, had concerns with four of the conditions. The applicant agreed with the intent of Condition 41 but were not happy with the wording. He suggested the condition read, "Revise site plan (sheet CE-2) by adding a note to address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Boulevard." Staff had no objection to the rewording. Condition 30 referenced Parks and Recreation Impact Fees and the remainder of the unpaid portion would be due at time of permitting. Mr. Mankoff advised they already made payment in the amount of $63,222, and they would like a reference to that effect incorporated into the condition. Staff had no objections to the request. The third concern was Condition 34 pertaining to indicating easements, including five (5) foot utility easements in the front and rear of each unit on all landscape plans. He had no objections to the utility easements in the front but explained the property was platted and there would not be easements in the rear of the units. Staff agreed to use what was platted. 3 Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Hugh Johnson, Landscape Architect for the project, addressed Condition 2. When this item was in the early planning stage, staff wanted the sidewalk set back four feet from the curb. They agreed and would plant street trees in the four-foot swale area between the curb and sidewalk. The trees were Pigeon Plums. At the Technical Review Committee, this was brought up and staff had an issue with it. The applicant requested the application go forward and agreed to work with City staff for a suitable tree specimen. Mr. Rumpf had no objection to allowing for subsequent coordination on the issue. If not it has to be relocated. Chair Wische opened the issue for public hearing. Attorney Alexander administered the oath to John Werner, 420 SE 34th Avenue. Mr. Werner was concerned about the lots backing up to the existing homes. He questioned the plans for the rear easement and landscaping issues. Ms. Zeitler explained the condition pertained to a five-foot utility easement within the 25-foot area in the rear yard. The utility easements will now be located in the front of the lot and had nothing to do with the perimeter landscaping. Site plans and building elevations were in the Planning and Zoning for Mr. Werner to review. Staff reviewed the original plans had 82 town house units in 16 buildings with a 25-foot rear setback which mirrored the setback for the adjacent single-family lots. The new plan had the same layout for lots, utilities and streets, but included zero-lot line single-family detached homes for 56 of the lots on the west and north. The lots on the railroad tracks had 25 town house units in five buildings with five units each. All the buildings would be two stories. The plan was consistent with how the request was previously approved and the application was just a change in the type of housing proposed to be more consistent with the adjacent properties on the north and west, which is single-family, detached housing. Mr. Werner explained the existing homes were ranch homes. He was concerned about the building heights and privacy. Ms. Zeitler explained there would be about 50 feet between the two developments. A combination wall and fence on the east property line, and fence buffer on the north and west property line would help ensure privacy and would be maintained by the Homeowners Association. There being no further comments, Chair Wische closed the public hearing. Vice Chair Hay requested additional information on the water lines. James Drotos, Project Engineer, explained there would be a water main connection on Gulfstream Boulevard. The applicant was upgrading to a 6" water main that ran from Sea crest Boulevard along 34th Avenue to east of Dixie to the railroad tracks. They would add an additional eight-inch main connection to the north. 4 Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Motion Mr. Cwynar moved to approve the request for master plan modification approval for The Estates at Heritage Club PUD to reduce the approved number of fee-simple town house units from 82 town houses to 25 town houses and add 56 single-family zero-lot line dwelling units (a net reduction of one unit) with the comments as discussed in reference to Item 2, Exhibit D, and between the meeting and the City Commission, the item be would be worked out with the trees and the four feet between the street and sidewalk. Condition 30, that approximately $63,222 has already been paid in fees, checked and noted and only the difference was due, Item 34 would be as platted and the rewording as per the builder would be utilized in Condition 41 plus any and all other staff comments. Vice Chair Hay seconded the motion that unanimously passed. 8. Other None. 9. Comments by members None. 10. Adjournment. Motion Mr. Cwynar moved to adjourn. Mr. Casaine seconded the motion that unanimously passed. Meeting adjourned at 7:05 p.m. Catherine Cherry Guberman Recording Secretary 030107 5 <,,_,<,'''''~~~''''~;.-4.;;;W''''''',",-''';4,,".'''"'~''-.~--''''-'''''C' VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D February 13, 2007 February 5,2007 (Noon) D January 2, 2007 December 18,2006 (Noon) D March 6, 2007 February 20, 2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) C8J March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16,2007 (Noon) D April 3,2007 March 19, 2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda C8J Legal D Code Compliance & Legal Settlements D Unfinished Business C8J Public Hearing D RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under Public Hearing and Legal, Ordinance-First Reading. The Planning and Development Board and the Community Redevelopment Agency Board on February 27,2007, through separate motions recommended that alternative #2 be approved. The Planning and Development Board also recommends that the income levels used for program eligibility be based on Boynton Beach data rather than on the county-based, HUD-derived figures, and that the project feasibility be confirmed given the small amount of remaining vacant residential land. Staff does not consider the latter concern to be a problem, since most of the projected housing units in the city \vill be built in redevelopment projects, rather than just on vacant land remaining throughout the city. Staff also recommends that this request be approved. For additional information, please see attached the draft ordinance. EXPLANATION: Request to amend the Land Development Regulations to include a Workforce Housing Program for the City. The program would create a supply of affordable workforce housing units within the City and implemem> recommendations of the Boynton Beach Housing Needs Assessment Study. The program includes eligibility recliiem9~ incentives using development density, provisions to ensure continued program implementation, and flexibility for ~pl~E5 with emphasis on the contribution of on-site housing units. As part of the follow-up work to the workshop held';;; Janu:ai')! 30th, staff is currently researching the topics of prefabricated housing, and non-confonning lots and the co~po1iltij~ regulations to assess the feasibility of other policy tools to increase supply of workforce housing. Any findings an~ddi~Ql!!1 recommendations will be presented at the Commission hearing. !::: v? =:; -:.. 0 o~- w -" - -.,1:0 Ul - 1"'1 \.0 ().:t> "'0 :I: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ,,/' I ! N/A N/A N/A ~k1~ City Manager's Signature Dev ~u ~/." Planning and mung Director City Attorney / Finance S:\Planning\SHAREDlWPISPECPROJICODE REYIEWlCDRV 07-002 Workforce Housing and CORY 07-003\Agenda Item Request Workforce Housing.doc Assistant to City Manager ~\.' ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Workforce Housing Program Option 2 Draft The City of Boynton Beach recognizes that in order to sustain and grow its economy, the City must have an inventory of various housing types and pricing for workers. Additionally, the City and CRA have designated a CRAWLS and TCEA which mandate the creation of workforce housing. In July 2006, the FlU Metropolitan Center conducted a Housing Needs Assessment for the City. The Assessment states that the City will need 10,800 workforce units by 2025 priced for families earning below 120% of AMI. The goal of the proposed Program is to create and retain a supply of workforce housing units within the City. The recent trend of rental to condominium conversions has also added to the shortage of affordable rental units. There are a number of arguments for local government involvement in encouraging the production of affordable housing. First, the federal government's financial commitment to the creation of affordable housing is increasingly being reduced, putting the burden on state and local governments which have limited resources. A lack of decent workforce housing can be a barrier to a sustainable economy. Housing costs have a major influence on a businesses decision to locate to a certain area. Furthermore, young people can be discouraged from returning home after college because of high housing costs thus reducing the number of highly qualified workers in the area. A lack of workforce housing also contributes to traffic congestion as workers settle further outside of expensive areas. Lower capacity roads also limit a city's ability to grow. The creation of the Workforce Housing Program is being implemented in accordance with the adopted Community Redevelopment Plans and the City of Boynton Beach's Comprehensive Plan. The Workforce Housing Program would permit amending land use to the higher density land use designations of Special High Density Residential, Mixed- Use and Mixed-Use Core if Workforce Housing Units are created or off-site options are performed. In cases of hardship where all the required Workforce Housing Units cannot be created entirely on site, the developer must comply with the offsite options for the creation of the remaining Workforce Housing Units as described in the Ordinance. All Workforce Housing Units are to be compatible in exterior design and appearance, construction and contain comparable HV AC systems as the proposed market units. All Workforce Housing Units are to remain as income qualified units for a period of no less than 30 years and will be enforced through recorded deed restrictions and liens. Pursuant to LDR Section 9. C. 1, approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment furthers the following Comprehensive Plan Objective 6.3. S:\CA\Ordinances\Workforce I-lousing Program Option 2.doc o"~'"/"~""'''''",,;;;.J~"'''~''''''''''''~I'~\lt. - -"':<Rl ~'.", .. '~~"_""';""'-~'}''''' -",; RECOMMENDED ACTION By motion, approve the amendment to the Land Development Regulations to create a new Article X of Chapter 20 Workforce Housing Program, which could permit a land use change to the higher density categories of Special High Density Residential, Mixed-Use or Mixed-Use Core provided that Workforce Housing Units are incorporated into the development or offsite, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section of the Land Development Regulation, with second reading to occur on , 2007. S:ICAIOrdinanceslWorkforce Housing Program Option 2.doc 03/09/2007 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, The City Commission of the City of Boynton Beach, Florida, adopts 23 t e findings in the Staff Report; and 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTICLE X OF CHAPTER 20, WORKFORCE HOUSING PROGRAM, PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING TO ENSURE THAT THE CITY HAS SUFFICIENT WORKFORCE HOUSING; PROVIDING FOR THE ABILITY TO AMEND A LAND USE DESIGNATION TO SPECIAL HIGH DENSITY RESIDENTIAL,MIXED-USED OR MIXED-USE CORE PROVIDING THAT WORKFORCE HOUSING UNITS ARE CREATED PURSUANT TO THE TERMS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Workforce housing is needed by the citizens of Boynton Beach; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, finds the rdinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 HE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 30 31 32 Section 1. The recitations set forth above are incorporated herein. Section 2. That Article X of Chapter 20, "Workforce Housing Program" of the 33 Land Development Regulations of the Code of Ordinances of the City of Boynton Beach, 34 Florida, be, and the same is hereby enacted to read as follows: 35 36 Sec. 1. 37 38 39 40 41 FINDINGS a. The City Commission having conducted a Housing Needs Assessment (Attachment A) has determined that there is a housing shortage within the City of Boynton Beach that is affordable to the everyday working families and citizens of the City; and S:ICAIOrdinances\Workforce Housing Program Option 2.doc 03/09/2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Sec. 2. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b. Florida Statutes 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; and c. The City Commission recognizes that there is a growing gap between housing costs and wages in the City; and d. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the City; and e. The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of community where people can live and work in the same area; and f. The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. DEFINITIONS a. Median Household Income (MHI) - The Palm Beach County Median Household Income, adjusted for family size, as published by the Department of Housing and Urban Development (HUD). b. Affordability Controls - Restrictions placed on Workforce Housing Units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. c. Affordability Term - The time a workforce housing unit is required to remain affordable to income qualified buyers or renters. d. Boynton Beach Housing Trust - A trust created as a depository for in- lieu of payments, donated land, or housing units for the purpose of providing Workforce Housing Units. e. City - The City of Boynton Beach, Florida. S:ICAIOrdinanceslWorkforce Housing Program Option 2.doc 03109/2007 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 f. Deed Restriction ~ Each Workforce Housing Unit created under the Program shall be deed restricted for thirty (30) years. The Deed Restriction shall serve to restrict the sales or rental price and/or the income of the purchaser or renter. g. Development - A development at one location which includes at least ten (10) residential units for which site plan approval has been granted h. Eligible Occupant - A person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be given to persons who have lived or worked within the City limits of Boynton Beach continually for one year immediately prior to the date of application for a Workforce Housing Unit. 1. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. J. Income Qualified Household - A household whose income is verified to be either Low Income or Moderate income. k. Low Income Household - A household with a gross, combined income below 80% of the Palm Beach County Annual Median Household Income as defined by HUD" 1. Moderate Income Household - A household with a gross, combined income between 80% and 120% of the Palm Beach County Median Household Income (as defined by the Florida Housing Finance Corporation). m. Restrictive Covenant and Agreement - The covenants that govern the initial sale and rental and subsequent resale and releasing of Workforce Housing Units created under the Workforce Housing Program. The term of the Restrictive Covenant and Agreement is thirty (30) years. n. Workforce Housing Unit - A dwelling to be sold or leased to an individual or family that is Income Qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed 35% of the gross income of households that are classified as low or moderate income households. S:\CA\Ordinances\Workforce Housing Program Option 2.doc 03109/2007 " -) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 i I I I Sec. 3. APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply to development applications consistent with the following conditions: a. A new development, a major modification of an approved development, a request for a Site Plan Time Extension or substantial rehabilitation of an existing building with a residential component for which any Mixed Use land use designation and a corresponding Mixed Use zoning category is applied. b. A new development,amaj~r modification. of an approved development, a request for a SitePlan.Time Extension or substantial rehabilitation of an existing building with a residential component for which any Mixed Use Core land use designation and a corresponding Mixed Use zoning category is applied. c. A new develoPl11ent,a.l11~j~r mo<ii~cation of an approved development, a request foraSit~:Plan Time Extension or substantial rehabilitation of an existing building with a residential component applying for a land use designation of Special High Density Residential. Developments that have be previously approved for a change in land use to either Mixed , Mixed-Use Core or Special High Density Residential and whose site plan has expired. Sec. 4. PROVISION OF WORKFORCE HOUSING UNITS Developers may be entitled the requested higher density land use and zoning category if providing Workforce Housing Units as stated below, subject to the limits and requirements of this chapter. a. To be eligible for the requested higher density land use, the following percentage of Workforce Housing Units must be incorporated into the Development: 1. Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units in the Development shall be designated as Workforce Housing Units. 11. Mixed-Use - Fifteen percent (15%) of the total number of proposed residential units in the Development shall be designated as Workforce Housing Units. S:ICAIOrdinances\Workforce Housing Program Option 2.doc 03/09/2007 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 111. Mixed Use Core - Ten percent (10%) of the total number of proposed residential units in the Development shall be designated as Workforce Housing Units. c. Twenty-five percent (25%) of the total required Workforce Housing Units shall be set aside for Low Income households. Seventy-five percent (75%) of the total required Workforce Housing Units shall be set aside for Moderate Income households. d. If the required number of Workforce Housing Units results in a fractional remainder greater than .50, the number shall be rounded up. If the required number of Workforce Housing Units results in a fractional number less than .50, the number shall be rounded down. e. Workforce Housing Units shall have the same percentage of unit types as market rate units within the development particularly with regards to the number of bedrooms. f. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations and applicable building codes. a O' At the time of application for Land Use classification amendment and rezoning category change the project must be reviewed and signed off by the Community Improvement Division of the City as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as Workforce. h. The site plan shall clearly identify the location of Workforce Housing Units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of Workforce Housing Units and the targeted income levels. This shall be included with the market rate data. 1. Workforce Housing Units shall include those units in a Development, which are regulated in terms of: 1. Initial sales price or rent levels; and 11. Subsequent resale prices or leasing rates. J. If compliance with a land development standard would preclude construction of a residential or mixed-use development in which Workforce Housing Units are included, pursuant to this Chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or S:\CA \Ordinances\Workforce Housing Program Option 2.doc 03/09/2007 5 ""..N"."""'''''~''';'''.'''''..;';._''''';'<;~'''~"';-'''''.;>'"'.'.<' 33 34 35 36 37 38 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 reduction of the development standard is necessary to make the Workforce Housing Units economically feasible and that such a waiver will not compromise any of the City's life or safety standards. k. Prior to the issuance of any building permit, the Restrictive Covenant and Agreement shall be recorded in the public records of Palm Beach County. The term of the Restrictive Covenant shall be thirty (30) years. A copy of the recorded Covenant and Agreement shall be provided to the City prior to the issuance of the building permit. Sec. 5. OFF-SITE OPTIONS Developers are required to include Workforce Housing Units in any Development in which Special High Density Residential, Mixed-Use or Mixed-Use Core land use is requested. However, in the case of developments in which 80% of the residential unit sales prices will exceed $500,000, paying a fee in lieu of creating the Workforce Housing Units on site donating land, purchasing and donating market rate units or building off site for the required number of Workforce Housing Units may be permitted at the recommendation of the Community Improvement Department. In any case where Off-Site Options are permitted, twenty-five percent (25%) of the total required Workforce Housing Units shall be built on-site of the subject Development. Off-site Options are not applicable to rental Developments. All required Workforce Housing Units must be constructed within the subject Development. 1. Payment in-lieu Contribute the per unit price listed in Table 1 below to the Boynton Beach Housing Trust to be utilized to subsidize the creation of Workforce Housing within the City In-lieu of fees shall be paid in full prior to the issuance of a building permit. TABLE 1 PAYMENT IN LIEU FOR CREATING REQUIREDWORKFORCE HOUSING UNITS (per unit required) $80,000 $100,000 $120,000 One Bedroom Two Bedroom Three+ Bedroom 11. Donate land (buildable residential parcels) within the City limits to be used for Workforce Housing. The value of the land shall equal or exceed the total "in lieu of' fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land S:\CAIOrdinancesIWorkforce Housing Program Option 2.doc 03/09/2007 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 must be verified by a MAl appraisal no more than three months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the City prior to the issuance of a final Certificate of Occupancy for the Development. 111. Off-site Construction - The required Workforce Housing Units may be built off-site. All off-site Workforce Housing Units shall comply with all sections of this Ordinance. Building permits shall be issued for a minimum of 50-percent of the required Workforce Housing Units to be constructed off-site prior to the issuance of the first Certificate of Occupancy in the subject development. All off-site Workforce Housing Units must receive a Certificate of Occupancy prior to the issuance of more than 75-percent of the Certificate of Occupancies in the subject development. IV. Purchase Market Rate Units -Purchase an equivalent number of existing market rate units to be deeded to the City or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off site units subject to recordation of a City approved deed restriction. A minimum of 50-percent of the units must be purchased and deeded to the City or deed restricted prior to the issuance of the first Certificate of Occupancy in the subject Development. All Workforce housing Units shall be purchased and deeded to the City or deed restricted prior to issuance of more than 75-percent of the Certificate of Occupancies in the subject Development. Sec. 6. RENT AL HOUSING UNITS a. A Restrictive Covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the Workforce Housing Units. All leases on Workforce Housing Units shall contain language incorporating the Restrictive Covenant applicable to the Workforce Housing Units and shall reference the recorded Restrictive Covenant. The Restrictive Covenant shall remain in force for thirty (30) years. b. Units targeted to low income households at 50% to the 80% of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. S:\CA\Ordinances\Workforce Housing Program Option 2.doc 03/09/2007 7 1 2 3 4 5 6 7 8 9 Sec. 7. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 c. Units targeted to moderate income households at 80% to the 120% of the Palm Beach County median income, adjusted for family size, shall not exceed 100% of the HUD determined fair market rent for the area. d. Tenant income qualification records shall be maintained on site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. FOR SALE HOUSING UNITS a. All deeds shall include the Restrictive Covenant applicable to Workforce Housing Units. All sales contracts shall state that the unit is part of a Workforce Housing Program and subject to Article X, Chapter 20 of the Land Development Regulations of the City. The Restrictive Covenant shall remain in force for thirty (30) years. The form of deed for Workforce Housing Units shall be approved by the City attorney. b. The Restrictive Covenants shall state that during the affordability term, the resale of a Workforce Housing Unit shall be subject to the following resale requirements. 1. All Workforce Housing Unit owners shall notify the City of Boynton Beach immediately that the unit is for sale. The City shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the City shall have fifteen (15) days to invoke its right of refusal to purchase the unit(s). 11 All Workforce Housing Units are to be resold only to Low or Moderate income qualified households at an attainable housing cost for each targeted income range. c. Purchasers of Workforce Housing Units shall be required to occupy the unit. d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City/CRA, or their designee. e. Sales prices for Workforce Housing Units will be calculated on the basis of: S:ICAIOrdinanceslWorkforce Housing Program Option 2.doc 03/09/2007 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. An available fixed-rate thirty-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty-year mortgage at this lower rate for all Workforce Housing Units required for the covered project; and ]1. A down payment of no more than 10% (including any down payment assistance provided by SHIP or other sources) of the purchase price; and 111. A calculation of property taxes; and IV. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. f. Compliance - Prior to request for final Certificate of Occupancy for the development, the developer shall provide to the City's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the Workforce Housing Program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the Workforce Housing Units, proof of recordation of Restrictive Covenant in approved fonn. Sec. 8. RESALE REQUIREMENTS To maintain the availability of Workforce Housing Units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the Workforce Housing Units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. All Workforce Housing Units constructed or substantially rehabilitated under this program shall be situated within the Development so as not to be in less desirable locations than market- rate units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b. Workforce Housing Units within a Development shall be integrated with the rest of the Development and shall be compatible in exterior design and appearance, construction, and contain comparable HV AC systems as market rate units. S:\CA\Ordinances\Workforce Housing Program Option 2.doc 03/09/2007 9 ,~";,~_"~",,,,,,,,,;,,,,.,,'.,i.'< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 c. The developer shall provide Workforce Housing Units that include unit types in the same proportion as the market rate housing units. 1. If the Development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of Workforce Housing Units of each type to total Workforce Housing Units must be approximately the same as the proportion of market rate units of each type to total market rate units. 11. If the Development includes both for sale and for rent units, the proportion of for rent Workforce Housing Units to for sale Workforce Housing Units must not exceed the proportion of for rent market rate units to for sale market rate units. 111. The number of bedrooms per unit must be proportionate between Workforce and market rate units. d. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the Workforce Housing Units. f. All required Workforce Housing Units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. The City of Boynton Beach, its successors and assigns may enforce the covenants. No amendments to the Restrictive Covenant shall be made unless by written instrument approved by the City. Sec. 9. MONITORING AND COMPLIANCE a. Final Approval Conditions: Final conditions of approval shall specify that the Workforce Housing Units are sold to buyers whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. The conditions will also specify the requirements for reporting to the City's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the Restrictive Covenant or to enforce resale restrictions. b. At the time of request for final Certificate of Occupancy for the Development, if the Workforce Housing Units have not been sold to income qualified persons, the developer shall deposit in the form of a S:ICAIOrdinanceslWorkforce Housing Program Option 2.doc 03/09/2007 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Section 3. surety bond, the amount equal to 110% of the applicable "in lieu" of fee to the City's Housing Trust Fund. Upon verification that the required number of Workforce Housing Units have been sold to income qualified persons, the surety will be released. c. The City may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the Restrictive Covenant. d. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the number of units created, leased and sold. Each and every other provision of the Code of Ordinances not herein 18 specifically amended, shall remain in full force and effect as originally adopted. 19 Section 4. All laws and ordinances applying to the City of Boynton Beach III 20 conflict with any provisions of this ordinance are hereby repealed. 21 Section 5. Should any section or provision of this Ordinance or any portion 22 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 23 affect the remainder of this Ordinance. 24 Section 6. 25 Section 7. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. S:\CA \Ordinances\Workforcc Housing Program Option 2.doc 03/09/2007 11 ;.j;.,,~~'.w.o.;.~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this _ day of ,2007. ATTEST: Janet Prainito, City Clerk (Corporate Seal) S:ICA\OrdinancesIWorkforce Housing Program Option 2.doc 03/09/2007 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy 12 1 2 3 Workforce Housing Program Option 1 4 Draft 5 February 22, 2007 6 7 The City of Boynton Beach recognizes that in order to sustain and grow its 8 economy, the City must have an inventory of various housing types and pricing 9 for workers. Additionally, the City and CRA have designated a CRAWLS and 10 TCEA which mandate the creation of workforce housing. 11 12 In July 2006, the FlU Metropolitan Center conducted a Housing Needs 13 Assessment for the City. The Assessment states that the City will need 10,800 14 workforce units by 2025 priced for families earning below 120% of AMI. The goal 15 of the proposed Program is to create and retain a supply of workforce housing 16 units within the City. The recent trend of rental to condominium conversions has 17 also added to the shortage of affordable rental units. 18 19 There are a number of arguments for local government involvement in 20 encouraging the production of affordable housing. First, the federal 21 government's financial commitment to the creation of affordable housing is 22 increasingly being reduced, putting the burden on state and local governments 23 which have limited resources. 24 25 A lack of decent workforce housing can be a barrier to a sustainable economy. 26 Housing costs have a major influence on a businesses decision to locate to a 27 certain area. Furthermore, young people can be discouraged from returning 28 home after college because of high housing costs thus reducing the number of 29 highly qualified workers in the area. 30 31 A lack of workforce housing also contributes to traffic congestion as workers 32 settle further outside of expensive areas. Lower capacity roads also limit a city's 33 ability to grow. 34 35 The creation of the Workforce Housing Program is being implemented in 36 accordance with the adopted Community Redevelopment Plans and the City of 37 Boynton Beach's Comprehensive Plan. The Workforce Housing Program would 38 permit amending land use to the higher density land use designations of Special 39 High Density Residential, Mixed-Use and Mixed-Use Core if Workforce Housing 40 Units are created or off-site options are performed. 41 42 In cases of hardship where all the required Workforce Housing Units cannot be 43 created entirely on site, the developer must comply with the offsite options for the 44 creation of the remaining Workforce Housing Units as described in the 45 Ordinance. All Workforce Housing Units are to be compatible in exterior design 46 and appearance, construction and contain comparable HV AC systems as the 47 proposed market units. All Workforce Housing Units are to remain as income 48 qualified units for a period of no less than 30 years and will be enforced through 49 recorded deed restrictions and liens. 50 S:IPlanningISHAREDIWP\SPECPROJICOOE REVIEW\CORV 07-002 Workforce Housing and CDRV 07-003\Workforce Housing Regulations CORY 07-003lWorkforce Housing Program Option 1.doc 51 Pursuant to LDR Section 9. C. 1, approval of an LDR amendment must be based 52 upon a finding that the amendment is consistent with and furthers the Goals, 53 Objectives, and Policies of the Comprehensive Plan. This amendment furthers 54 the following Comprehensive Plan Objective 6.3. 55 56 RECOMMENDED ACTION 57 58 By motion, approve the amendment to the Land Development Regulations to 59 create a new Article _ Workforce Housing Program, which could permit a land 60 use change to the higher density categories of Special High Density Residential, 61 Mixed-Use or Mixed-Use Core provided that Workforce Housing Units are 62 incorporated into the development or offsite , by adopting the findings of fact and 63 law contained in the staff report and finding that the request is consistent with the 64 Comprehensive Plan and meets criteria set forth in Section of the 65 Land Development Regulation, with second reading to occur on 66 l 200. 67 S:\Planning\SHAREDlWPISPECPROJICODE REVIEWlCDRV 07-002 Workforce Housing and CDRV 07-003IWorkforce 2 Housing Regulations CDRV 07-003lWorkforce Housing Program Option I.doc 02/22/2007 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 WHEREAS, Workforce housing is needed by the citizens of Boynton 88 Beach; and 89 90 91 92 93 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, TO CREATE A NEW ARTICLE , WORKFORCE HOUSING PROGRAM, PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING TO ENSURE THAT THE CITY HAS SUFFICIENT WORKFORCE HOUSING; PROVIDING FOR THE ABILITY TO AMEND A LAND USE DESIGNATION TO SPECIAL HIGH DENSITY RESIDENTIAL,MIXED-USED OR MIXED-USE CORE PROVIDING THAT WORKFORCE HOUSING UNITS ARE CREATED PURSUANT TO THE TERMS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City Commission of the City of Boynton Beach, Florida, adopts the findings in the Staff Report; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, 94 finds the ordinance is consistent with the Comprehensive Plan. 95 96 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 97 OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS; 98 99 Section 1. The recitations set forth above are incorporated herein. 100 101 Section 2. That Article , "Workforce Housing Program" of the 102 Land Development Regulations of the Code of Ordinances of the City of 103 Boynton Beach, Florida, be, and the same is hereby enacted to read as 104 follows: 105 106 FINDINGS 107 108 a. The City Commission having conducted a Housing Needs 109 Assessment (Attachment _) has determined that there is a housing 110 shortage within the City of Boynton Beach that is affordable to the 111 everyday working families and citizens of the City; and 112 113 S:\planningISHAREDlWPISPECPROJICOOE REVIEw\CORY 07-002 Workforce Housing and CORY 07-003\Workforce 1 Housing Regulations CORY 07-003lWorkforce Housing Program Option I.doc 02/22/2007 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 b. Florida Statutes 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; and c. The City Commission recognizes that there is a growing gap between housing costs and wages in the City; and d. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the City; and e. The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of community where people can live and work in the same area; and f. The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. DEFINITIONS a. Median Household Income (MHI) - The Palm Beach County Median Household Income, adjusted for family size, as published by the Department of Housing and Urban Development (HUD). b. Affordability Controls - Restrictions placed on Workforce Housing Units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. c. Affordability Term - The time a workforce housing unit is required to remain affordable to income qualified buyers or renters. d. Boynton Beach Housing Trust - A trust created as a depository for in-lieu of payments, donated land, or housing units for the purpose of providing Workforce Housing Units. e. City - The City of Boynton Beach, Florida. S:\Planning\SHAREDlWPISPECPROJICODE REVIEWlCORV 07-002 Workforce Housing and CORY 07-0031Workforce 2 Housing Regulations CORY 07-003lWorkforce Housing Program Option l.doc 02/22/2007 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 f. Deed Restriction - Each Workforce Housing Unit created under the Program shall be deed restricted for thirty (30) years. The Deed Restriction shall serve to restrict the sales or rental price and/or the income of the purchaser or renter. g. Development - A development at one location which includes at least ten (10) residential units for which site plan approval has been granted h. Eligible Occupant - A person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be given to persons who have lived or worked within the City limits of Boynton Beach continually for one year immediately prior to the date of application for a Workforce Housing Unit. I. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. J. Income Qualified Household - A household whose income is verified to be either Low Income or Moderate income. k. Low Income Household - A household with a gross, combined income below 80% of the Palm Beach County Annual Median Household Income as defined by HUD.. I. Moderate Income Household - A household with a gross, combined income between 80% and 120% of the Palm Beach County Median Household Income (as defined by the Florida Housing Finance Corporation). m. Restrictive Covenant and Agreement - The covenants that govern the initial sale and rental and subsequent resale and releasing of Workforce Housing Units created under the Workforce Housing Program. The term of the Restrictive Covenant and Agreement is thirty (30) years. n. Workforce Housing Unit - A dwelling to be sold or leased to an individual or family that is Income Qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed 35% of the gross income of households that are classified as low or moderate income households. S:\planningISHAREDlWP\SPECPROJ\COOE REYIEw\CORY 07-002 Workforce Housing and CORV 07-003\Workforce 3 Housing Regulations CORY 07-003\Workforce Housing Program Option l.doc 02/22/2007 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply to development applications consistent with the following conditions: a. A new development, a major modification of an approved development or substantial rehabilitation of an existing building with a residential component for which any Mixed Use land use designation and a corresponding Mixed Use zoning category is applied. b. A new development, a major modification of an approved development or substantial rehabilitation of an existing building with a residential component for which any Mixed Use Core land use designation and a corresponding Mixed Use zoning category is applied. c. A new development, a major modification of an approved development or substantial rehabilitation of an existing building with a residential component applying for a land use designation of Special High Density Residential. PROVISION OF WORKFORCE HOUSING UNITS Developers may be entitled the requested higher density land use and zoning category if providing Workforce Housing Units as stated below, subject to the limits and requirements of this chapter. a. To be eligible for the requested higher density land use, the following percentage of Workforce Housing Units must be incorporated into the Development: i. Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units in the Development shall be designated as Workforce Housing Units. ii. Mixed-Use - Fifteen percent (15%) of the total number of proposed residential units in the Development shall be designated as Workforce Housing Units. S;\PlanningISHAREDlWP\SPECPROJICODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003lWorkforce 4 Housing Regulations CDRV 07-003lWorkforce Housing Program Option l.doc 02/22/2007 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 ')""'/""'/ L. I I 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 iii. Mixed Use Core - Ten percent (10%) of the total number of proposed residential units in the Development shall be designated as Workforce Housing Units. c. Twenty-five percent (25%) of the total required Workforce Housing Units shall be set aside for Low Income households. Seventy-five percent (75%) of the total required Workforce Housing Units shall be set aside for Moderate Income households. d. If the required number of Workforce Housing Units results in a fractional remainder greater than .50, the number shall be rounded up. If the required number of Workforce Housing Units results in a fractional number less than .50, the number shall be rounded down. e. Workforce Housing Units shall have the same percentage of unit types as market rate units within the development particularly with regards to the number of bedrooms. f. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations and applicable building codes. g. At the time of application for Land Use classification amendment and rezoning category change the project must be reviewed and signed off by the Community Improvement Division of the City as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as Workforce. h. The site plan shall clearly identify the location of Workforce Housing Units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of Workforce Housing Units and the targeted income levels. This shall be included with the market rate data. i. Workforce Housing Units shall include those units in a Development, which are regulated in terms of: I. Initial sales price or rent levels; and II. Subsequent resale prices or leasing rates. S:IPlanningISHAREDlWPISPECPROJICODE REVIEW\CDRV 07-002 Workforce Housing and CDRY 07-003lWorkforce 5 Housing Regulations CDRY 07-003\Workforce Housing Program Option 1.doc 02/22/2007 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 J. If compliance with a land development standard would preclude construction of a residential or mixed-use development in which Workforce Housing Units are included, pursuant to this Chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the Workforce Housing Units economically feasible and that such a waiver will not compromise any of the City's life or safety standards. k. Prior to the issuance of any building permit, the Restrictive Covenant and Agreement shall be recorded in the public records of Palm Beach County. The term of the Restrictive Covenant shall be thirty (30) years. A copy of the recorded Covenant and Agreement shall be provided to the City prior to the issuance of the building permit. OFF-SITE OPTIONS Developers are required to include Workforce Housing Units in any Development in which Special High Density Residential, Mixed-Use or Mixed-Use Core land use is requested. However, in the case of developments in which 80% of the residential unit sales prices will exceed $500,000, paying a fee in lieu of creating the Workforce Housing Units on site donating land, purchasing and donating market rate units or building off site for the required number of Workforce Housing Units may be permitted at the recommendation of the Community Improvement Department. i. Payment in-lieu Contribute the per unit price listed in Table 1 below to the Boynton Beach Housing Trust to be utilized to subsidize the creation of Workforce Housing within the City In-lieu of fees shall be paid in full prior to the issuance of a building permit. TABLE 1 PAYMENT IN LIEU FOR CREATING REQUIREDWORKFORCE HOUSING UNITS (per unit required) One Bedroom $80,000 Two Bedroom $100,000 Three+ Bedroom $120,000 S:IPlanning\SHAREDlWPISPECPROJICOOE REYIEWlCORY 07-002 Workforce Housing and CORV 07-003IWorkforce 6 Housing Regulations CORY 07-003\Workforce Housing Program Option l.doc 02/22/2007 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 II. Donate land (buildable residential parcels) within the City limits to be used for Workforce Housing. The value of the land shall equal or exceed the total "in lieu of' fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land must be verified by a MAl appraisal no more than three months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the City prior to the issuance of a final Certificate of Occupancy for the Development. III. Off-site Construction - The required Workforce Housing Units may be built off-site. All off-site Workforce Housing Units shall comply with all sections of this Ordinance. Building permits shall be issued for a minimum of 50-percent of the required Workforce Housing Units to be constructed off-site prior to the issuance of the first Certificate of Occupancy in the subject development. All off-site Workforce Housing Units must receive a Certificate of Occupancy prior to the issuance of more than 75-percent of the Certificate of Occupancies in the subject development. IV. Purchase Market Rate Units -Purchase an equivalent number of existing market rate units to be deeded to the City or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off site units subject to recordation of a City approved deed restriction. A minimum of 50-percent of the units must be purchased and deeded to the City or deed restricted prior to the issuance of the first Certificate of Occupancy in the subject Development. All Workforce housing Units shall be purchased and deeded to the City or deed restricted prior to issuance of more than 75-percent of the Certificate of Occupancies in the subject Development. RENTAL HOUSING UNITS a. A Restrictive Covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the Workforce Housing Units. All leases on Workforce Housing Units shall contain language incorporating the Restrictive Covenant applicable to the Workforce Housing Units and shall reference the recorded Restrictive Covenant. The Restrictive Covenant shall remain in force for thirty (30) years. S:IPlanningISHAREDlWPISPECPROJICODE REVIEW\CDRV 07-002 Workforce Housing and CDRV 07-003\Workforce 7 Housing Regulations CDRV 07-003lWorkforce Housing Program Option 1.doc 02/22/2007 """~""_h".'~~.""'"''''~''''''' 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 c. Units targeted to low income households at 50% to the 80% of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. d. Units targeted to moderate income households at 80% to the 120% of the Palm Beach County median income, adjusted for family size, shall not exceed 100% of the HUD determined fair market rent for the area. e. Tenant income qualification records shall be maintained on site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. FOR SALE HOUSING UNITS a. All deeds shall include the Restrictive Covenant applicable to Workforce Housing Units. All sales contracts shall state that the unit is part of a Workforce Housing Program and subject to Section of the Land Development Regulations of the City. The Restrictive Covenant shall remain in force for thirty (30) years. The form of deed for Workforce Housing Units shall be approved by the City attorney. b. The Restrictive Covenants shall state that during the affordability term, the resale of a Workforce Housing Unit shall be subject to the following resale requirements. i. All Workforce Housing Unit owners shall notify the City of Boynton Beach immediately that the unit is for sale. The City shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the City shall have fifteen (15) days to invoke its right of refusal to purchase the unit(s). ii All Workforce Housing Units are to be resold only to Low or Moderate income qualified households at an attainable housing cost for each targeted income range. c. Purchasers of Workforce Housing Units shall be required to occupy the unit. S:\PlanningISHARED\WPISPECPROJICODE REVIEw\CDRV 07-002 Workforce Housing and CDRV 07-003lWorkforce 8 Housing Regulations CDRV 07-003lWorkforce Housing Program Option I.doc 02/22/2007 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City/CRA, or their designee. e. Sales prices for Workforce Housing Units will be calculated on the basis of: I. An available fixed-rate thirty-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty-year mortgage at this lower rate for all Workforce Housing Units required for the covered project; and II. A down payment of no more than 10% (including any down payment assistance provided by SHIP or other sources) of the purchase price; and III. A calculation of property taxes; and iv. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. f. Compliance - Prior to request for final Certificate of Occupancy for the development, the developer shall provide to the City's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the Workforce Housing Program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the Workforce Housing Units, proof of recordation of Restrictive Covenant in approved form. RESALE REQUIREMENTS To maintain the availability of Workforce Housing Units which may be constructed or substantially rehabilitated pursuant to the requirements of this S:\planningISHAREOIWPISPECPROJICODE REVIEWlCORV 07-002 Workforce Housing and CORY 07-003lWorkforce 9 Housing Regulations CDRV 07-003\Workforce Housing Program Option l.doc 02/22/2007 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 program, the following resale conditions shall be imposed on the Workforce Housing Units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. All Workforce Housing Units constructed or substantially rehabilitated under this program shall be situated within the Development so as not to be in less desirable locations than market-rate units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b. Workforce Housing Units within a Development shall be integrated with the rest of the Development and shall be compatible in exterior design and appearance, construction, and contain comparable HVAC systems as market rate units. c. The developer shall provide Workforce Housing Units that include unit types in the same proportion as the market rate housing units. i. If the Development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of Workforce Housing Units of each type to total Workforce Housing Units must be approximately the same as the proportion of market rate units of each type to total market rate units. ii. If the Development includes both for sale and for rent units, the proportion of for rent Workforce Housing Units to for sale Workforce Housing Units must not exceed the proportion of for rent market rate units to for sale market rate units. iii. The number of bedrooms per unit must be proportionate between Workforce and market rate units. d. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the Workforce Housing Units. S:\PlanningISHAREDlWPISPECPROJ\CODE REVIEWlCDRV 07-002 Workforce Housing and CDRV 07-003lWorkforce 10 Housing Regulations CDRV 07-003\Workforce Housing Program Option I.doc 02/22/2007 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 f. All required Workforce Housing Units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. The City of Boynton Beach, its successors and assigns may enforce the covenants. No amendments to the Restrictive Covenant shall be made unless by written instrument approved by the City. MONITORING AND COMPLIANCE a. Final Approval Conditions: Final conditions of approval shall specify that the Workforce Housing Units are sold to buyers whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. The conditions will also specify the requirements for reporting to the City's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the Restrictive Covenant or to enforce resale restrictions. b. At the time of request for final Certificate of Occupancy for the Development, if the Workforce Housing Units have not been sold to income qualified persons, the developer shall deposit in the form of a surety bond, the amount equal to 110% of the applicable "in lieu" of fee to the City's Housing Trust Fund. Upon verification that the required number of Workforce Housing Units have been sold to income qualified persons, the surety will be released. c. The City may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the Restrictive Covenant. d. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the number of units created, leased and sold. S:\Planning\SHAREDlWPISPECPROJICOOE REYIEWlCORV 07-002 Workforce Housing and CORY 07-003\Workforce 11 Housing Regulations CORY 07-003\Workforce Housing Program Option] .doc 02/22/2007 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. - CITY MANAGER'S REPORT ITEM A Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 5_ 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5. 2007 February 12,2007 (Noon) 0 January 16,2007 January 2. 2007 (Noon) [8J March 20. 2007 March 5, 2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3. 2007 March 19,2007 (Noon) 0 Announcements/Presentations [8J City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: reduction strategy. Presentation to the Commission of the 2006 crime statistics and crime EXPLANATION: The Commission requested a presentation on the current crime situation and the department's strategy for reducing crime. Information will be presented by the Chief of Police. See attached "Report on Crime" for an explanation of the 2006 statistics. PROGRAM IMPACT: Not applicable FISCAL IMPACT: (Include Account Number where funds will come from) None. ~~ , CIty Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:IBULLET1NIFORMS\AGENDA ITEM REQUEST FORM.DOC POLICE DEPARTMENT CITY OF BOYNTON BEACH REPORT ON CRIME ANAL YSIS OF CRIMINAL ACTIVITY During calendar year 2006 the city experienced 4.810 reported index crimes. (Index crimes are defined by the Uniform Crime Reporting system as Felonious Homicide, Sexual Offenses, Robbery, Assault, Burglary. Larceny, Motor Vehicle Theft and Arson). Compared with the 4,624 Index Crimes reported in 2005, this represents a single year increase of 186 crimes or 4%. Violent crimes (Homicide, Sexual Offense, Robbery and Assault) for 2006 numbered 1.398 and in 2005 numbered 1.216 for a single year increase of 182 crimes or 15%. Property crimes (Burglary. Larceny and Motor Vehicle Theft) numbered 3,4 12 in 2006 and 3,408 in 2005 for an increase of 4 crimes. Criminal Homicide increased by 8 offenses. Four of these offenses were related to gang activity, three were acquaintance type homicides (where the perpetrator was known by the victim) and one was the result of a drug deal gone bad. The gang related homicides occurred at the Mall. 1701 NE 1 st Street (drive by where a bystander was shot) and a double homicide on Hypoluxo Rd. There were also 7 aggravated batteries where a gang connection could be made. In all. of the 1.398 violent crimes in 2006, eleven were gang related. In 2006, nineteen people were either killed or injured by firearms in Boynton Beach. An analysis by zone (zones are the 10 reporting areas drawn as a grid which are used for geographic crime analysis) indicates that the increase in robberies occurred in zones 1 (-1-8), 2(+14),3(+12) and 7(-1-10). Zones 1. 2 and 3 comprise the area between 1-95 and the lCW and from Boynton Beach Blvd. to the northern boundary. Zone 7 is east ofI-95 between Woolbright Rd. and the C-16 canal. The increase in aggravated assaults (those where a weapon was used) occurred in zone 3(+40) and zone 4(+25) (the area east ofI-95 between Woolbright Rd. and the C-16 canal). The zones tbat accounted for the largest increase in crime were also the primary areas of deployment for discretionary patrol resources and for the Community Action Team (CA T). Weekly analysis of crime and neighborbood concerns resulted in our concentrating discretionary manpower resources in zones 1. 2, 3,4 and 7 (During the holiday shopping season, most of our discretionary resources were deployed to zones 7 and 8 which encompasses the Congress Avenue shopping centers and the mall.) Community Action Team personnel supplemented by available patrol force resources engaged in high visibility patrol and neighborhood contacts in order to assist residents with their various concerns and to address emerging crime patterns that we identified throughout the year. This preventive policing activity was very successful in connecting the police department with the community and once again establishing the department as a partner with the neighborhood to improve the safety and quality of life for our citizens. The Police Executive Research Forum (PERF) 2006 Management Audit Report cited our commitment to community policing and commented that despite a demanding workload "officers are encouraged to do more that just handle a call when there is a problem to be solved... (there is) utilization of CAT, K9 and Code Compliance to address problems when needed." Our deployment was also successful from an enforcement standpoint in that our officers increased their arrests for part one crimes by a total of 134. Officers operating in these zones also made a total of 43 7 drug arrests which represents an increase of 14 arrests compared to 2005. Also resulting from our deployment in these zones was an increase in reporting of crimes against persons. It is not unusual that increased police activity in an area results in an increase in the amount of crime that is reported. Because officers are readily available coupled with the improved relationship with residents, crimes that would normally go unreported (usually about 66% of all crimes are unreported) were in fact being reported personally to the officers. Add in the additional 183 part one arrests along with 437 drug arrests, many of which were reported as assaults and aggravated batteries because of suspects attempting to avoid being arrested, and the year-end increase in crime is better understood. It is also helpful in understanding year-end stats to look at the base year; in this case, 2005. That year represented the most dramatic crime decrease in Boynton Beach at least since 1999. The 2005 year-end statistics showed that index crime had decreased by a total of 1,503 offenses or a decrease of 24% compared with 2004. This phenomenal decrease can best be explained as an interaction of several influences. Some criminologists look at 2005 as the end of a period of decreased criminal activity brought about by the demographic shift of "baby boomers" from crime producing age groups (17- 49) to non-crime producing age groups. (Unfortunately, the next generation moves into those age groups resulting in more crime producing people for the next several decades). Additionally, in 2005 the department shifted from a philosophy that minimized positive officer/citizen interaction to a philosophy of preventive, community policing. The concept of utilizing discretionary patrol time to increase positive citizen contacts through a COMPST AT (meaning "computer statistics") process was introduced along with the Community Action Team. The city also lost a portion of its population when the Boynton Terrace Apartments were closed and demolished. Two hurricanes resulted in an extended alpha/bravo deployment that placed one half of the police department on the street at any particular time. In total, there were approximately 60 days where police presence was maximized or drastically increased and crime was reduced to a few incidents a day. All of these factors, acting in concert, resulted in the dramatic decrease in crime. As a result, the 2005 base year set an unrealistic standard for comparative statistical purposes. In actuality, with the exception of 2005, the 2006 year end crime report reveals that total part one crime in Boynton Beach is at its lowest point since at least 1999. Also, with the exception of2005, violent crime is at its lowest point since 2001. DEP ARTMENT AL DEPLOYMENT In order to better understand the department's deployment of sworn personnel, an explanation of manpower distribution follows: Attached is the department's Divisional Allocation of Sworn Personnel report showing the distribution of manpower. The department is divided into two divisions; Uniform Services and Support Services and an administrative staff consisting of the professional Standards and Training units. The administrative functions are: conducting mandated and enhanced training programs. recruiting, accreditation compliance (we are up for reaccredidation in July of 2007), internal investigations, staff inspections and public information. All other administrative functions are performed civilian personnel. Commenting on the department's organization the PERF Report stated "the organization of the police department is essentially sound... there is no excessive rank in either levels or numbers. Patrol staffing is sufficient and should be so through 2010." The 20 additional personnel that were allotted to the department in budget years 04-05 and 05-06 were all assigned to the patrol division. This additional manpower also facilitated the formation of the Community Action Team, Marine Enforcement Unit. one additional K-9 team and one additional Crime Prevention officer. Discretionary patrol units (referred to throughout this report) are defined as those units not assigned to handle calls and includes: CAI', K-9. Marine Enforcement and Traffic Enforcement units. Since the department does not have a large "tactical" or "supplemental patrol" unit, the before mentioned units are deployed in target areas (high crime/neighborhood complaints and concerns). DEPARTMENT'S COMMUNITY POLICING PHILOSOPHY Essentially, our philosophy encompasses some key principles in addition to our city" s core values: . Grouping of Incidents - This involves moving beyond just "handling" an incident. Officers look for patterns and relationships among incidents in order to identify "covert" problems. . Focus on Substantive Problems -Internal management of the police department is not the focus of our sergeants and lieutenants. Instead their efforts are directed to the substantive problems identified by the community such as criminal conduct and areas marked by frequent loitering for some illegal purpose. Instead of focusing on impractical goals such as productivity guidelines, they are empowered to identify and "own" an issue important to the neighborbood. . Inquiry and Analysis of Problems - Officers, sergeants and lieutenants consider the reason a particular problem exists and formulate a response that will be long- range effective. Follow-up and analysis is performed by tbe patrol commander to determine if a solution is working or whether another approach may be more appropriate. . Community Input - This is the heart of community policing philosophy and considers that priorities for a particular neighborhood are best established by the residents. Officers are encouraged and instructed to speak with residents at every opportunity and attempt to identify those problems that most seriously affect the safety of a neighborhood. · Follow-up with Neighborhood Residents - Determine if the beneficiaries of a particular solution are truly benefiting by our efforts. AGENCY RESPONSE TO CRIME In brief, the department responds to crimes and neighborhood issues through directed patrol strategies that insure deployment of available patrol manpower to those areas where emerging crime patterns and neighborhood problems are identified. The Community Action Team is also deployed to these areas in order to establish liaison with residents, provide increased bicycle and foot patrol presence and to assist in the formulation of a long-range solutions to neighborhood problems. Increased crime patterns also trigger an examination and analysis of field reports for more intensive follow-up by our investigators. The goal is to identify those responsible for the criminal activity and to establish a case against the perpetrators. The department does not wait for the year-end crime statistics in order to formulate a response plan. Crime is analyzed weekly in order to identify and to predict emerging crime patterns with the goal of deploying our forces to those areas where crime will be most prevalent. Our experience reveals that crime is not concentrated in anyone area of the city. Rather, it emerges in patterns throughout our neighborhoods requiring us to constantly realign the deployment of the patrol force. The Boynton Beach Police Department has shifted the responsibility for deployment of forces downward to the operational level. Officers identify problem areas and neighborhood concerns relaying this information to their supervisors for consideration along with criminal intelligence and statistical data. Patrol commanders then formulate a weekly deployment plan which is submitted to the Uniformed Services Division Commander for approval. Deployment plans can always be changed on short notice in response to critical incidents or rapidly emerging crime patterns. Although the 911 generated work load will always take precedence, officers are empowered to spend the time necessary to identify problems and search for long term solutions which might involve utilizing other components of city government such as Code Enforcement or Public Works. Deployment plans take into account the most serious street crimes and the type of patrol that can best combat and prevent these offenses. Since the beginning of the year, we have been concentrating all discretionary patrol and CAT team activity in Zones 1,2,3,4 and 7. Several special operations (covert surveillance, plainclothes bike patrol, tactical deployment) in the Meadows and Nautica Sound developments were instituted in response to neighborhood complaints of illegal juvenile activity and a recent homicide. The PERF Report outlines the shift in departmental philosophy to one of community, or more specifically, preventive policing. The PERF report, commenting on our transition to community based policing, noted that "an enhanced community policing focus may enable the city and the department to prevent and control crime, violence and disorder and thus reduce the rate of increase in demand for police services over the next 10 years. By becoming more effective. the department may be able to mitigate the need for future expansion." We recognize that the demand for police services will continue to increase and that the department's manpower resources may not be able to keep pace with the increased demand. The alternative, as recognized in the management audit, is to become more efficient which requires a dedication to preventive policing principles. Reactive policing will always remain an important component of law enforcement services: however. a problem solving approach which concentrates on addressing the underlying reason for crimes and neighborhood problems \vill eventually result in a decreased need for police intervention. We believe that effective community or preventive policing begins with an effort to connect police and the neighborhoods in relationships of mutual trust. Without this, we can not effectively determine what is actually happening on the streets of our city beyond our own observation. Our best intelligence information comes from the residents of a particular neighborhood and in this respect we have been very successful. In many, if not most cases, where our investigators are charged with solving a violent crime, we are quickly informed who has committed the crime. This puts our investigators in a situation where they are frequently investigating "in reverse". Meaning, we know who did it. now we have to gather the evidence to prove it. The other component of preventive policing involves formulating a plan to deal with a particular problem. Officers must develop an ability to look at a particular situation or problem as being part of a pattern that leads to an underlying cause. Only then, can a long-range solution be found. The Community Action Team (CAT), composed of one lieutenant two sergeants and eight officers, deploys in a bicycle and foot patrol mode in those neighborhoods where crime and nuisance type problems are frequent. Their purpose is to establish a rapport with citizens and apply the principles stated above in order to effectively deal with persistent problems. During 2006, the CATs were deployed primarily east ofl-95 between Woolbright and the northern boundary. During the holiday shopping season. the CATs were deployed to the mall and the shopping areas along Congress Avenue. There will be a similar holiday deployment in November and December of this year. Much was accomplished by the CATs who addressed numerous neighborhood issues ranging from animal complaints to illegal narcotics sales. Seven search and seizure warrants were obtained and executed against locations distributing controlled dangerous substances. In addition the CATs, during 2006. seized 32 vehicles being used for narcotics distribution. 12 guns, 335 grams of cocaine. 6,656 grams of marijuana and $36.739.50 in drug proceeds money. Recently, the CATs shut down two massage parlors in the area that were actually prostitution operations. Again. information regarding these locations came from neighborhood businessmen and residents. On April 1, 2007, the department is authorized an additional sergeant and three ofIicers. We will use the additional manpower to establish a Special Investigations Unit within the Investigative Services Section. This unit will initially be working with the Drug Enforcement Agency Task Force in order to identify and curtail the movement of narcotics in and out of Boynton Beach. Recent intelligence information gathered by our officers indicates an increased amount of illicit narcotics activity in the area which could result in an increase in violent street crimes as well as increased property crimes. This unit will also scrutinize crime reports and analyze intelligence information in order to identify those non-public locations where drug sales are taking place. Additionally, this unit will supplement ISS during major crime investigations. GANG ENFORCEMENT ACTIVITIES The department participates in two county-wide task forces. An investigator is assigned to the Violent Crime Task Force (VCTF) and an additional investigator is assigned to the Multi-Agency Gang Task Force (MAGTAF). All gang activity in the county is tracked by these units and Task Force members are assigned to investigate any instances of gang activity. A large amount of criminal intelligence information has been obtained and cataloged for use by county law enforcement agencies. Recently, the department's SWAT unit, along with the Palm Beach County Sheriffs SWAT unit, has implemented a tactical initiative wherein these specialized officers frequently patrol the neighborhoods, residences and locations where gang members live and congregate (north of the Cl6 canal along Seacrest Blvd). This, in addition to Task Force deployment, has facilitated a "show of force" on the part of law enforcement. Our tactical officers are also deployed to those areas where emerging crime patterns and open-air drug sales are identified. Deployment of tactical officers is normally on an overtime basis and is limited based on available funding. Task Force personnel also work with our Investigative Services Section during investigations of violent crime. Criminal intelligence information is exchanged on a regular basis and any gang involvement in violent crime is identified and brought to the prosecutors assigned to gang related cases. The department has also submitted a proposal for an anti-loitering ordinance (attached) that would prove helpful in preventing assemblies of those persons who would congregate for the purpose of promoting illegal activity. DEPARTMENTAL OUTREACH PROGRAMS The department will continue to operate five very successful community outreach programs; Citizens Police Academy, Police Athletic League, Citizens on Patrol, Police Explorer Post and Shop-with-a-cop. The Citizens Police Academy recently began its 26th session which consists of 10 three hour lesson blocks and two officer ride-a-Iongs, designed to familiarize citizens with the organization and operation of the police department. All of our CPA classes fill to capacity (55) and we will continue to conduct two sessions per year. The Police Athletic League (PAL) continues to operate football, basketball, cheerleading and summer camp programs at the Ezell Hester Center, serving approximately 700 children per year. All of our PAL programs quickly fill to capacity. The department's Citizens on Patrol program has over 1200 participants that serve as the "eyes and ears" of the police department. The COP's patrol neighborhoods throughout the city in departmental COP vehicles and report suspicious activity to our Communications center. Our Police Explorer Post is a BSA program that introduces young men and women to the operation of a police agency and a law enforcement career. There are currently 20 men and women, between the ages of 14 and 17 participating in our program. They have traveled throughout the state participating in education and competitive programs designed to develop law enforcement skills. "Shop with a Cop" and school supply give-a-way - these programs provide needy children with school supplies at the beginning of the school year and an opportunity to receive presents during the holidays. Donated funds are utilized to make purchases and Crime Prevention officers work with local elementary schools in order to identify children in need of assistance. We are currently working with our city manager and the police chiefs and city managers of Delray Beach, Lantana and Lake Worth to identify programs in the various cities that have been beneficial in establishing an alternative to gang affiliation and criminal involvement. At this point. the various programs have been identified and defined. At future meetings we will further examine the dynamics of these programs and move to adopt one or more that would provide our youth with a meaningful diversionary opportunity. CITY OF BOYNTON BEACH CITYWIDE ZONE MAP Boynton Beach Police Department INDEX CRIME / ARRESTS 2005/ 2006 COMPARISON *Based on UCR Code OFFENSES 2005 2006 + 1- HOMICIDE 3 11 8 Criminal homicide 1 9 8 Manslaughter 2 2 0 SEXUAL OFFENSE 6 8 2 ROBBERY 139 183 44 Highway 47 100 53 Other commercial 10 8 -2 Gas/service station 2 7 5 Convenience 11 22 11 Residence 15 17 2 Bank 2 8 6 Miscellaneous 52 21 -31 ASSAULT 1068 1196 128 Simple 725 736 11 Aggravated 343 460 117 BURGLARY 720 693 -27 Residence 463 468 5 Non-residence 257 225 -32 LARCENY 2381 2361 -20 Pocket-picking 20 5 -15 Purse snatching 8 1 -7 Shoplifting 588 575 -13 From motor vehicle 586 647 61 Motor vehicle parts 332 345 13 Bicycles 82 75 -7 From building 115 272 157 From coin op device 0 3 3 All other 650 438 -212 MOTOR VEHICLE THEFT 307 358 51 TOTAL 4624 4810 186 ARRESTS (NUMBER OF PERSONS ARRESTED) 2005 2006 + 1- 6 7 1 5 6 1 1 1 0 1 1 0 30 64 34 0 0 0 0 0 0 0 346 484 138 206 282 76 140 202 62 78 74 -4 0 0 573 541 -32 0 1 1 2 0 -2 510 470 -40 19 24 5 0 0 0 4 2 -2 1 13 12 0 0 0 37 31 -6 20 17 -3 1054 1188 134 2/1/2007 Boynton Beach Police Department TuT AL INDEX CRIME FIVE YEAR ANALYSIS *Based on UCR Code (Please see corresponding graphs on following page) 2002 2003 2004 2005 2006 TOTAL HOMICIDE 2 1 6 3 11 23 Criminal homicide 2 1 6 1 9 19 Manslaughter 0 0 0 2 2 4 SEXUAL OFFENSE 12 7 6 6 8 39 ROBBERY 204 185 223 139 183 934 Highway 116 131 159 47 100 553 Other commercial 18 16 15 10 8 67 Gas/service station 8 4 5 2 7 26 Convenience 27 20 16 11 22 96 Residence 28 8 15 15 17 83 Bank 3 5 1 2 8 19 l\Iliscellaneous 4 1 12 52 21 90 - A AULT 1211 1595 1602 1068 1196 6672 Simple 836 1112 1157 725 736 4566 Aggravated 375 483 445 343 460 2106 BURGLARY 853 848 724 720 693 3838 Residence 600 651 550 463 468 2732 Non-residence 253 197 174 257 225 1106 LARCENY , 3369 3558 3130 2381 2361 14799 Pocket-picking 1 0 3 20 5 29 Purse snatching 0 0 1 8 1 10 Shoplifting 797 984 862 588 575 3806 From motor vehicle 856 824 847 586 647 3760 Motor vehicle parts 533 548 441 332 345 2199 Bicycles 115 131 75 82 75 478 From building 380 322 291 115 272 1380 From coin operated device 0 9 8 0 3 20 All other 687 740 602 650 438 3117 MOTOR VEHICLE THEFT 559 475 481 307 358 2180 T L 6210 6669 6172 4624 4810 28485 2/1/2007 Boynton Beach Police Department INDEX CRIME BY ZONE ZONES 1-3 2005/2006 COMPARISON "Based on UCR Code (Please see corresponding graphs on following pages) ZONE 1 ZONE 2 ZONE 3 2005 2006 + ,- 2005 2006 + 1 - 2005 2006 + 1- HOMICIDE 1 0 -1 0 1 1 1 1 0 Criminal homicide 0 1 1 1 -1 Manslaughter 1 -1 0 1 1 SEX OFFENSE 1 -1 0 2 2 ROBBERY 7 13 6 10 22 12 27 33 6 Highway 2 10 8 2 16 14 10 22 12 Other commercial 0 1 -1 2 2 Gas/service station 0 0 0 Convenience 0 1 1 3 1 -2 Residence 1 3 2 3 4 1 4 2 -2 Sank 0 0 0 Miscellaneous 4 -4 4 1 -3 10 6 -4 ASSAULT 91 94 3 117 146 29 186 240 54 Simple 56 51 -5 76 87 11 125 139 14 Aggravated 35 43 8 41 59 18 61 101 40 BURGLARY 51 75 24 68 82 14 76 94 18 Residence 42 66 24 53 70 17 48 61 13 Non-residence 9 9 0 15 12 -3 28 33 5 LARCENY 87 108 21 113 125 12 211 193 -18 Pocket-picking 0 0 1 1 Purse snatching 0 0 0 Shoplifting 3 1 -2 2 2 0 9 8 -1 From motor vehicle 21 50 29 32 46 14 49 49 0 Motor vehicle parts 34 29 -5 28 40 12 61 62 1 Bicycles 0 7 6 -1 8 7 -1 From building 3 5 2 5 9 4 10 14 4 From coin op device 0 0 0 All other 26 23 -3 39 22 -17 74 52 -22 AUTO THEFT 38 33 -5 17 33 16 23 41 18 TOTAL 276 323 47 325 409 84 524 604 80 2/1/2007 Boynton Beach Police Department h._eX CRIME BY ZONE ZONES 4 - 6 2005/2006 COMPARISON *Based on UCR Code (Please see corresponding graphs on fOllowing pages) ZONE 4 ZONE 5 ZONE 6 2005 2006 + /- 2005 2006 + 1- 2005 2006 + /- HOMICIDE 1 2 1 0 0 0 0 1 1 Criminal homicide 1 2 1 0 1 1 Manslaughter 0 0 0 SEX OFFENSE 2 1 -1 0 0 ROBBERY 15 27 12 31 20 -11 1 4 3 Highway 9 13 4 10 11 1 2 2 Other commercial 0 3 -3 1 -1 Gas/service station 2 3 1 0 0 Convenience 1 4 3 2 3 1 0 qesidence 1 2 1 2 -2 1 1 .mk 1 1 2 4 2 1 1 Miscellaneous 2 4 2 12 2 -10 0 ASSAULT 130 151 21 139 141 2 30 41 11 Simple 92 88 -4 85 94 9 22 32 10 Aggravated 38 63 25 54 47 -7 8 9 1 BURGLARY 92 102 10 97 72 .25 44 39 -5 Residence 66 70 4 57 45 -12 24 12 -12 Non-residence 26 32 6 40 27 -13 20 27 7 LARCENY 207 214 7 296 253 -43 107 125 18 Pocket-picking 1 -1 2 1 -1 0 Purse snatching 1 1 1 -1 0 Shoplifting 9 9 0 75 73 -2 6 15 9 From motor vehicle 66 62 -4 69 61 -8 44 41 -3 Motor vehicle parts 42 40 -2 33 19 -14 10 21 11 Bicycles 13 15 2 13 11 -2 1 1 0 From building 13 24 11 12 37 25 9 16 7 From coin op device 2 2 0 0 All other 63 61 -2 91 51 -40 37 31 -6 A' THEFT 42 39 -3 42 32 -10 13 20 7 - TOTAL 489 536 47 605 518 -87 195 230 35 2/1/2007 Boynton Beach Police Department INDEX CRIME BY ZONE ZONES 7 -10 2005/ 2006 COMPARISON *Based on UCR Code (Please see corresponding graphs on following pages) ZONE 7 ZONE 8 ZONE 9 ZONE 10 2005 2006 + ,- 2005 2006 + ,- 2005 2006 + ,- 2005 2006 + I- HOMICIDE 0 0 0 0 1 1 0 3 3 0 2 2 Criminal homicide 0 1 1 2 2 2 2 Manslaughter 0 0 1 1 0 SEX OFFENSE 1 1 0 1 1 3 3 0 ROBBERY 18 33 15 8 11 3 4 7 3 18 13 -5 Highway 4 14 10 4 4 0 2 4 2 4 4 0 Other commercial 3 4 1 1 2 1 0 1 -1 Gas/service station 4 4 0 0 0 Convenience 3 4 1 3 3 2 2 2 4 2 Residence 1 1 0 0 0 3 4 1 Bank 1 1 0 0 1 Miscellaneous 7 5 -2 3 2 -1 2 1 -1 8 -8 ASSAULT 162 157 -5 28 27 -1 64 89 25 121 110 -11 Simple 112 102 -10 21 16 -5 45 59 14 91 68 -23 Aggravated 50 55 5 7 11 4 19 30 11 30 42 12 BURGLARY 130 93 -37 11 4 -7 79 61 -18 72 71 -1 Residence 84 58 -26 0 40 30 -10 49 56 7 Non-residence 46 35 -11 11 4 -7 39 31 -8 23 15 -8 LARCENY 520 518 -2 318 265 -53 209 245 36 313 315 2 Pocket-picking 10 1 -9 1 1 0 4 1 .3 2 -2 Purse snatching 3 -3 1 -1 1 ., 2 -2 Shoplifting 202 156 -46 214 182 -32 14 18 4 54 111 57 From motor vehicle 96 135 39 29 19 -10 60 96 36 120 88 .32 Motor vehicle parts 45 55 10 18 12 -6 23 30 7 38 37 -1 Bicycles 21 20 -1 1 2 1 6 2 -4 12 11 -1 From building 22 65 43 15 32 17 14 46 32 12 24 12 From coin op device 0 1 1 0 0 All other 121 86 -35 39 16 -23 87 52 -35 73 44 -29 AUTO THEFT 70 65 -5 8 14 6 19 39 20 35 42 7 TOTAL 900 867 -33 373 322 -51 375 445 70 562 556 -6 2/1/2007 o '~_::.., ~o____ - 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'6~~ :gao G~~ :E 25 aC!)=t3 ~E'ffi ~~~ Ol 0 III @~~ ~.~~ ~g.2 8~~ Confidential 3/13/2007 Page 1 .' , ~:.~~;;~'., . ~:a:.::.; ";',_'~'~";', -fl.''''' ). -'!If "'" ", '~.,~s./') ~:\;> .....:..:-...:;..~-/ Divisional Allocation of Sworn Personnel Prepared By: The Professional Standards Section Division Section Chief Major Lieutenant Sergeant Detective Officer Administration: Chief of Police 1 Professional Standards 1 4 Training / Recruiting 1 3 In Academy 3 Division Total: 13 1 1 1 0 10 Uniform Services: DiVision Commander Administrative Sergeant CriInePrevention Marine Enforcement Patrol PoliceK-9 Patrol- In Field Training" Police,Atbletic League Community Action Team Traffic Enforcement LightDuty Division Totah 120 Support Services: Division Commander 1 Investigations 1 4 1 15 Division Total: 22 1 1 4 1 15 Breakdown: (Auto Table) Authorized Actual Difference Chief 1 1 0 Major 2 2 0 Lieutenant 7 7 0 Sergeant 22 22 0 Detective 1 1 0 Officer 122 122 0 Total Sworn 155 155 0 C.S.O.. 8 8 0 G. Matthew Immler, Chief of Police CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Jim Cherof, City Attorney DATE: 28 February 2007 FILE: Kurt Bressner. City Manager FROM: G. Matt w Immler, Chief 0 olice ,~/:/ In reviewi g several anti-gang ordinances from Chicago, Cincinnati and El Paso, I have not found one that would, in its present form, address what 1 believe to be the City Commission's intent regarding the prevention of "gang loitering". In State v. O.c., 748 So.2d 945 (Fla. 1999) the Supreme Court of Florida upheld the Fifth District's finding that fs.s. 874.04 (criminal street gang activity statute) was unconstitutional. The reasoning they used was that the statute was criminalizing a person's status as a gang member as opposed to their activity as part of a gang. The statute was subsequently changed by the legislature to allow enhancement of penalties for someone engaged in criminal activity that benefits or promotes gang activity. SUBJECT: REFERENCES: Gang ordinance ENCLOSURES: Thinking along these lines I suggest that we look at a general loitering ordinance similar in form to the EI Paso ordinance (attached). This would allow officers to prevent congregation for unlawful purposes in any public place within the city. The ordinance should incorporate the language and definitions in Chapter 874 of the Florida Statutes and provide that loitering for what is reasonably suspected to be an illegal purpose violates the ordinance. Following is some suggested wording: It shall be unlawful for any person: To loiter in or near any street or public place in a manner and under the circumstances that would lead a sworn law enforcement officer to reasonably suspect that a person or persons are engaged in conduct that is intimidating, harassing, threatening to any citizen or otherwise interfering with the free flow of pedestrian or vehicular traffic; To loiter in or near any street or public place in a manner and under the circumstances that would lead a sworn law enforcement officer to reasonable suspect that a person or persons are engaged in any activity that would promote, benefit or otherwise further the interest of a criminal street gang as defined in fs.s. 874.03. To loiter in or near any street or public place in a manner and under circumstances that would lead a sworn law enforcement officer to reasonable suspect that a person or persons are loitering for the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that the person repeatedly beckons to, stops or attempts to stop, or engages in conversation with, passersby, or repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them. To loiter in or near any street or public place in a manner and under circumstances manifesting the purpose to engage in a drug-related activity contrary to any of the provisions of Chapter 893 of the Florida State Statutes. a. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in )r is then engaged in an unlawful drug-related activity. including by way of example only. such person is acting as a "look out:' b. Such person is physically identified by the ot1icer as a member of a "gang" in accordance with Chapter 874 of the Florida State Statutes which has as its purpose illegal drug-related activity, c. Such person transfers small objects or packages for currency in a furtive fashion, d Such person takes flight upon the appearance of a police officer. e. Such person manifestly endeavors to conceal himself or herself and any object which reasonably could be involved in an unlav"iful drug-related activity. f. The area involved is by public repute known to be an area of unlawful drug use and trafficking, g. The premises involved are known to havt? been reported to la\\ enforcement as a place suspected of drug activitv Definitions: ]. "Public place" is an area generally visible to public vie\v and includes streets, sidewalks. bridges, alleys. plazas. parks. driveways. parking lots. and buildings open to the general public including those which serve food or drink, or provide entertainment. and the doorways and entrances to buildings or dwellings and the grounds enclosing them. The term "street" includes the legal right-of-way, including, but not limited to. the traffic lanes, curb, sidewalk, whether paved or unpaved. parkvv'ay and any grass plots or other grounds found within the legal right-of-way of a street. 2. "Loiter" means to remain, linger. idle to continue and to stay unnecessarily upon the streets in conjunction with the acts prohibited by subsection (.....) of this section. I do not believe that these provisions are contrary to Chapter 874 or to provisions found in the state loitering and prowling statute found at 856.021. I further recommend that if we do adopt this type of an ordinance that we also modify Part II. Article VIII. Section 15-112 (nuisance abatement) of our Code of Ordinances to expand the definition of a public nuisance to include any location where two or more violations of the anti-loitering ordinance have been documented by the PD. I also suggest that we include the enforcement mechanism (arrest. custody or Notice to Appear) in the ordinance. Since we are not criminalizing association with an ordinance of this type (and I don't believe ther is any vagueness in the wording), we should pass constitutional muster. A general loitering ordinance WOllin also obviate the need to designate problem areas or "exclusionary zones" which itself could result in disagreement and perceived arbitrariness on the part of government officials. Florida Case Law - STATE v. O.C., 748 So.2d 945 (Fla. 1999)ST ATE v. O.c., 748 So.2d... Page 1 of 7 Florida Case Law .sTATE v. O.C., 748 So.2d 945 Fla. 1999) STATE OF FLORIDA, Appellant, 'Is. O.C., a child, Appellee. No. 94,513. Supreme Court of Florida. Oplnion filed September 16, 1999. An Appeal from the District Court of Appeal Constitutional Invalidity - Fifth District _ No. 97-3075. Page 946 Statutory or Robert A. Butterworth, Attorney General, and Belle B. Schumann and Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida, for Appellant. James B. Gibson, Public Defender, and Larry B. Henderson, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Appellee. PARIENTE, J. We have on appeal the Fifth District's decision in O.C. v. State, 722 So.2d 839 (Fla. 5th DCA 1998), declaring section ~74.04, Florida Statutes (Supp. 1996), unconstitutional. We have jurisdiction. $ee art. V, s: 3(b) (1), Fla. Const. O.C., a juvenile, was charged by an amended delinquency petition with attempted aggravated battery to cause great bodily harm, a third-degree felony, and battery, a misdemeanor. The Fifth Jistrict's opinion details the evidence presented at the adjudicatory hearing: The victim testified that on January 29, 1997, he was getting off a bus at his stop. According to the victim, O.C. "grabbed me and threw me. . towards Kenny. And then he [Kenny] hit me in the face with his fist." The victim continued that "they [O.C. and Kenny] picked me up and threw me through the fence. They just took my arms and threw me." The fence was wooden and the victim's head went through it. The victim further testified that "then they Just started kicking" him "on my head, my whole body." The attack lasted about five or ten minutes and then they left. According to the victim, another youth, Everett, who was present and "latching, "screamed that this is a message for your brother or something." Pictures sho"ling the inJuries sustained by the victim were introduced into evidence. He suffered no broken bones but could barely open his right eye. The victim stated on cross examinatlon that Kenny and O. C. "did about the same amount" of kicking and beating on him. The victim reiterated that O.C. started the incident by grabbing him and throwing him towards Kenny. An eyewitness htto://loisJawcol1l/nns/rlodink htn?lo(1;:Jlltn=Gr;mtnRr:lli:l~=bT r A .'b A).ritp=7Ll.R+,n In+ III ~l7nn7 Florida Case Law _ STATE v. O.c.. 748 So.2d 945 (Fla. 1999)STATE v. O.c., 748 So.2d... Page], of 7 f ~r'.::: ~ C',Jf; t ..1 ; I (:::' -1 ;:1 l -- <--_ 1-1 -' -- j -:::. ,:::1 sert__lLr] r~ 3 :::. I :~e ':.,:r.i ts -::1:1 _ f:-- rc::',-=!lJ} ::::::-em:'?=-'l~_, lr.~l _ ;;'c l.:,tes cJ:-ld f reecior:.. - +- . =:d 550C1:3.-':::2- "L 4 Page 947 ~~e [rial cou~~ de~erred rul~ng challenge a~d reard ~~e ta~e's ffiO~j 's =orstitu~~onal r ",:Jane ELhancerner.t." ld. at 24 =-1"-1:- i n; -:he h,=c3ricg, ,a J :ha:: l'iafia sherif~'s dep~Li involved 1D gang surve~llance ~estified ,-' is a ~~:ernber f ae 02:.:"lanoo qang knOI,.^JD as Uni'1srsal Crew (l~C) Addi~ioG21 rembe~s were identified. The depu:y testified tna:: told hiffi whi~e on the street that she was a meDbe~ of C~C and lD fac~ was the leader. Ano~her deputy sheriff who specia~izes in gangs testified that U~C has a hie consis~ing Gf a godfather, her, bosses ar foot soldiers. r was the godmother. The ga~g had r5, ~et Dorlthly and \~as im91icated in othe~ :rlmes. Several :1embE~s cf the garlg ad bee~ arrested on 1 :~~: a :Lef: J:i. t 2. e a s t t~ .'l r e e ary, aggravated batte~y crrej s~c~gJn end ~_~s:s had occ~rred =elc,nj/ =harges l~c:cding arffied ~:riife, rOssesslc~ f a snort aLL :: the ~!-~in t~~~e f-'~s .,.':::::';:' .~ rd. at 4~. J..":.'___v -he Le-_C"lr,Q, tree ::r_al :=o'Jrt :jer~.:.ed 's consti t'..l"t} ai ::r.c.l_engc3 t section H74.04, fend . C. to be a riminal stree~ ga~g member, and stated t~at . 1S third-decree felo~ and slsdemeancr wo~~a be enhan:=ed D~ one degree t 5 e cond - 3.f'ici t t'~~ rd - cs 9 ree f.::~ 1 CJ:l.i e s pGr S'.J.2:-1 ~,- .(~ I.=:r::J'v;-~S=-CLS ::>! secti '~rle .~ou tr~e:-l sectenceeJ 1=35eO en ne '?Lha:-:c-:e.:::i f,~~,,:n~,'. . \.." , --; .-, r, '~L. :i ':1 1: 2 -::t~ tc Fi I~ ~.::~,s~~r~..=t , 1 ,_~l.~;ed t;,.:=; ~ - :1 :r. t:-11:" al~ej~':.:)e , C :,',L s t i r '~: t _ ,:r. ell-=-- .- tr-le fif~:--~ t: 1 lC'::j'--.llr s s ~~.r ,~ .'--:; /,. :-; e ~~ L >:=~. l' .I~. he L e ';J i s 1 3. L .~ ~~- e , -=--l=--,~e:::: , .;- - +- -~ ~_ d ~_ '::..: cI~ir:'L.::.nGl c,e:--l~~ ~5 crirr.l enr.Cl. .=:e :'"12 ,-" -, ;:::: -" 1 ,"",;""" -' .- '-' -" ~ '-'. ~ . !_, . f ~r_e - -,-'- ~ - 2L e l~ h a :', ~~~:: :'.',':-: r~ ~ --=...: :: IIT,,=r:::- ;~i2 :'1 Cj"e. .::L L I~ ~ '_15 ~ L ~ U::1 ~ ht~, c: 7" _,f httn:/ /loislmv.com/nns/doc 1 i Ilk. htn')1(w8IltO=CTC:1IltO&:l \ i;lS=Ff C A ~Fx.-Citf'=74R+S() 'D+ , 1 "j/2007 Florida Case Law - STATE v. O.c., 748 So.2d 945 (Fla. 1999)ST ATE v. O.c., 748 So.2d... Page 3 of 7 Chapter 874, the Criminal StreeL Gang Prevention Act of 1996, provides for enhancement of criminal penalties for a defendant who is a ;nember of a "cri;ninal street qang": Criminal street gang activity; enhanced penalties. - Upon a finding by the court at sentencing Lhat the defendant is a member .of a crimina street gang, [[fI11J] the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or misdemeanor if commiLted an adult, may be enhanced if the offender vJas a member of a criminal street Page 948 qang at the time of the commisslon of such offen.se. Each of the f~ndinqs required as a basis for such sentence shall be found by a preponderance of the evidence. The enhancement will be as f 110',Js: (2) (a) A felony of the third degree may be punished as if it were a felony of the second degree. (b) A felony of the second degree may be punished as if it were a felony of the first degree. (c) A felony of the first degree may be punished as if it were a life felony. s: ~74.04 (emphasis supplied). F, "criminal street gang" is broadly defined in section ~74.0~ as a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and Lhat consists of three or more persons who have a common name or common identifying signs, colors, or symbols and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang acti vi ty. [[fl1~J] s: ~74.Q.~(1). The Fourteenth Amendment to the United States Constitution, and article I, section 9 of the Florida Constitution, protect a citizen I s right to "due process of law. "[fl!:3] In delineating the scope of a citizen's substantive due process protections, this Court explained in ~ai~z: The due process clauses of our federal and state constitutions do not prevent the legitimate interference with indlvidual rights under the police power, but do place limits on such interference. [T]he guarantee of due process requires that the means selected [by the Legislature to achieve lts legitimate police-power obj ecti ves] shalLha7e a ~~a.soJl~Ql_e and substantiCil LeJcCition to thE"_ojJ.:;ect s()ught to be_E.:ttAiD~d ang shCilJ not b em.un rea ~QI1Clbl e, arbit ra_J:y_orcAPJ:"lcJ(lU_S. httn://loislaw_co111/nns/rlnc.link htn'71nP-8lJtn=G('811tn~81i8,,=FT r A .'-'F ~ritp=74R+'-'n /n+ /!l "nom Florida Case Law - STATE v. O.C.. 748 So.2d 945 (Fla. 1999)STATE v. O.c.. 748 So.2d.. Page 4 of 7 r: -'-- "' i:-_ -'- __c \,"';2 ~ "~c:_ , L t -:-j re Page 949 '.:.. [1'::;- 1-:3 VJ l:: ..:~ 1. f I,:;. 2 152S0~2sJn 368, 9-7 ~, ., r, ':~' \ -L ~ c_! i S _I~~ ~_ { whic~ ~eld u~corstitutional a statute ~ed, -:.:.. ne rn,:~ ::..:.-e ssess~_c>n f ~therwise legal spearfishin~ Fore recent 1 y, 2-:1 v .__StCi-:g, i::i1.9j;~.._~d~::;J., 237 - 3 8 iFla. 2.993: this Court i:-,validateci a ":amDa crdinance rraking.2.1:: 111eg31 loiter 2-D a manner ~anifesting the purpose of procur~ng 5ez fer L~re. Un.:ier tr~e :-.::iinanc:e, a I='e2:'Sc:D irJhc; \'Jas a "kI1CV-JD mc-:cr 'Jehiele pYcsti::~te'! :culd be convicted for beckoGirlg t was ~he st2tu~e ~2ace ans ov?rbroad, but ()p~rGt tc. seer:. ::::>ee 1 C\. a~ 235, . The C,=l~rt f J~d that net only ~.;:Lc,_a::-_ed a citizen's sUDsta~ti~e 8LE crocess ri s bscau:::e l:: "'Jnj~st~fiacly tra~sgress[edJ t~c funda~ental power f gcver~me~t to ~.~~r~6e ~po~ ~nd~vid~a~ 2~estr~c-:.i0ns c> r. 1.=h.~ l'l sand ~ibe:ct:~es I If "p'clnish L .~~ .signa1-=- erl t i!"e 1 ':/ :~'jn::;cent 3..:':': i"':lit.ieslt suc:r. as r-iailin:;; a '-=:al=1 ':'0 a fr --'..end 3~ a~tomobi~e. Id. ~~ !.qt~otln ~l_}:e r, ~ ~ '-i d aT F.r:;:1 _ :::ecs :) f tr.es'" '=:::iSSS, Vie ~-1Jde th3t ~s beca~se the st3t t~ eels 1:: s~a~:_ive due precess defendant _'r, =cnvic~~G~ sect~ "':.--: .1- ,~) 1 2 ~L e s ciefecdar:t I s :c.r ~ ~i y c.1e':1 ~~ee ,=r l;C:, ~\.- ~ _l.e:' ~esulL .3r. ::.:-:=:::e3Se(; rer.aJ.:: ~'2Lqe I -' defend3nt_'s "5~ cS5 ~ " . +-l- .- ,~ t ~':..:nJ..L_~.._5 a : I. T - -, ,-., :l ,~ C. ~ ~,'c ]., i '" '-' '--'-'- ,- ~ --- ~ eeL.:. l ::...-e -,::; Yi C. '" c. t" ' ip ()e:....-.1c:en -=r~e .::..0 1 ~ 1 1 '---'- . . -=: '_~ ~:tempted 2q'~ra 5-e6 t2~ter'; Grid qG:-LJ ,,~r _rn2.Lcl :: 1.] t (2., ~ f-=~ ,:~ r '::::-l,:';:"j , ,e:::: S~lnf?n-: _~S :j,:--l~'::'_--;v-;e L =~_ r ~, _A'_ ^Le:-rlce r s ::.n::: c ~,r :le :,:1~5 ;=,.~- -:-. 1- ~~ I:. c=..:. r -=_ =- .: 1-'-: _ 0 ~::- =-L~_ srJ._[ httn:/ /loisla\v.com/nns/dncl ink htn')lnrr~l1tn=(TC;llltnX' ;11 i;,s="Fl (' ^ c:: F "'.('itp=7 jR~'() if)+ , 1 '\nn()7 ~.",,,,,.",,",,,,,,,,,,_~~i"'''''-~~''''''~'''';;'''"''' Florida Case Law - STATE v. O.c., 748 So.2d 945 (Fla. 1999)STATE v. O.C., 748 So.2d... Page 50f7 the increased punishmen: is based on associatlon with other people, who mayor may noe have commi:ted unrelated criminal accs Id. tor example, without a required nexus between the crlme and the enhancement, an individual charged wlth a nonviolent crlme, such as shoplifting, could be subJect to the enhanced penalty range for a higher degree crime simply because the State establishes that the defendant lS a gang member. The enhancement provided for by statute is extreme~y significant in that each crime is enhanced by one degree[fn4] so that a felony of the third degree is punished as if It were a penaley of the second degree, a felony of the second degree punished as If it were a felony of the first degree, and a felony of the first degree punished as if it were a life felony. See 5 HZ4-Q,q,(2) (a)-(c) . [fn5] In this case, O.C. was sentenced based on a second-degree felony, although the crime with which she was originally charged, attempted aggravated Page 950 battery to cause great bodily harm, is a third-degree felony. [fn6J In reaching the conclusion that section 87~.04 is unconst i t ut ional, the Fi fth Di s t r i ct dist inguishedE'E~QRJ_3=__'L._ GE..~~J3=Y, 927 P.2d 713 (Cal. 1996), c~rt,---_denied, 118 S.Ct. 148 (1997), a decision from the California Supreme Court rejecting constitutional challenges to California's version of a gang enhancement statute. See ~, 722 So.2d at 842. The California statute, unlike the statute in this case, provided that the defendant's sentence could be enhanced if the defendant committed the crime "for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members." Gc:l.rdeley, 927 P.2d at 720. The California Supreme Court concluded that this statute "fully comport [ed] with due process" because it did not impose criminal penalties for "mere gang membership," but only when the criminal conduct at issue was committed for the gang's benefit and with the specific intent to assist in criminal conduct by gang members. 19~ at 725. Unlike the statute in Gafd~~, section 87-l!.04 punishes mere association by providing for an enhancement of the degree of a crime based on membership in a criminal gang, even where the membership had no connection \oJith the crime for which the defendant had been found guilty. We conclude that because the statute punishes gang membership without requiring any nexus between the criminal activity and gang membership, it lacks a rational relationship to the legislative goal of reducing gang violence or activity and thus fails to have a "reasonable and substantial relation" to a permissible legislative objective. Sai...s:.==, 489 30.2d at 1128. Because we agree that section 874,Q4 is unconstitutional as a viclatlon of substantive due process, we find it unnecessary to reach O.C. 's challenge to the statute based on First Amendment grounds. Accordingly, we affirm the declsion of the Fifth District for the reasons stated in thlS oplnion. http://loislaw.com/nl1s/doclink.htn'7logauto=GC'rl1ltnR' <l 1 i<l<:=FT r A S F~ritp=7 4R+Sn ')11+ ')/l.::;nnm Florida Case Law - STATE v. O.c.. 748 So.2d 945 (Fla. 1999)STATE v. O.c.. 748 So.2d... Page 6 of 7 ;~:~F:_=: LL.~~ , L :: :--1.1-, " [ ':: J 1 _.2.::::: .c_rr~i:-lal ._-,-1 ~nen - :1,_3 r! ~ _ .1 .:-, Jr ~ ':::::lr~,~L _ 11:- ""'Y,-:ll,,,,J ~ 'l~~ITli 1 ~ 1=," Ct ~-.:::: :--j [ rC)J.2n .l n T: ,. r :J c:1 t,-:r2..f:',lC2i st~ merf.:::)'::: r '~UT':lCr t ec~ _1 .lE:' l:-lfc)rr~laLt.. :d Resides ~n r l~eque~ts a par~l=L~ar rimical s~ree~ Ja~g's a~e2 and adop:s the~r style ~f dress, their use ~~ ancJ signs, e:,r ~r~ei!: tat-toas, and 2.ssccic.tes 'V'Ji th Kn01fvD crlmi~al stree-: gang members. (e; _s loen~ifieo as a criminal street gang member by an informant f oreviously untested reliability and such ide~tificatio~ is =Grrobora~ed ~ i~formaticn. ..= Has been arrested more ~han once ln tne company of ga~g memoe:::s for offenses WhlCh a~e =~~s~s~ent w~t~ Ls~al crl21na~ street gacg activit ibectified =ri~inal st~eet tg Is ~de~tified &5 a crimina~ street gang member bv s~ca~ c~~dence sJch as O';!r2 or c,ther doct::Tle:-1L3~- icr:. h l-:25 ;:Jsen :3t in the c8In;la:-: f knc\'ln cr u:un3.l S~]=~r gan} r~e~bers four 8r ~cre tlmes. :) C: :: - -::::n2j r~lng -c s~b5e,=ti ~ "p2t~~2~'n cr .:...rr.lL2._ s~ree+~~ 3. 3:::ti\'~,t 7lea:LS II : '.~Jr :=CL ra'=~' -:\'JC c::::- moy,=: "'~ 1.. ':::::' :t, r ~ lle:.:. ta-:,~,=n cr three Dr ",',ere ce --.::=:,m:ni s s i {"r attemp-:ed ccwm~ssi0n :Cls::!emea:--lcr ==e:-lses, or one ~el an,:], m_S':1emeane,r c==eCs.e5, '_:Je ':=c':T.:::::j2rab~e nCITlber cr ,:..ieli.-~l(TLlen-= ac-:s <":'2: _ ,3 ~,^; :.,=n \ e r sisderreanors ~! ;[ '< ,~e"C::2J ate ~.',J_ ~~r.~n a -, , ,,-'-- '1'1-1 ':~ :c-: e::::l-~ L. .:..:.....::neL:-::.IT:.::? 1 '_ '~l ~- -::'3t :C:-1S t,~ -: 1; ~ :C:T; .' 1:-' ,)8:3 crt J_ n'~l'~ ;::--- ,.=:,-- :-lat f Ie r l',~-,c~ rL',' s ,_~ +:::. l "' , _~_'l.a ::::tlL:.J":::l L_ s 'x".''':''' ~ '>- l ..~~(J, httn-/ /1 oi" Lnv rnnl Inn ,,/111>1' 1 i 11 k htn"l nll >1 11 tn=(-;'(' 'lilt "A:' "I;" c= 1='T (' II ,T=: A:' r;1 p= 7.1R-+-,n jn-+- '1 1 '::;j')()(n Florida Case Law - STATE v. O.c., 748 So.2d 945 (Fla. I 999)ST A 'IE v. O.C., 748 So.2d... Page 7 of 7 provided by the due process clauses encompasses both procedural and subs'::antive due process. S_ee,e.g., QepiirtrnE::fl.Lof_LcIvJ Enfc2rcementu.Y: Real ProQeL1;:y, 588_SQ._~d9_~7, 960 (Fla. 1991). [fn4] Life felonies are punishable by a term of imprisonment for life if the life felony occurred after July 1,1995. See s: (3) (a)3, Fla. Stat. (1995). First-degree felonies are punishable by a maximum term of isonment not to exceed 30 years, Jnless the offense is one that speclfically provides for a life term. See s: T75 (3) (b). Second degree felonies are punishable by a maximum term of imprlsonment not to exceed fifteen years, se,e section 7?~()~_2 (3) (c), and third-degree felonies are punishable by a maximum term of imprisonment not to exceed five years. See s: 77:i,Qtj2(3) (d). [fn5] Misdemeanors are also subJect to enhancement by one degree so that a misdemeanor of the first degree may be punished as a felony of the third degree, see s: 874-9...9 ( (1) (b), thus raising additional concerns about the jurisdiction of the county and circuit courts in this circumstance. Further, the enhancement occurs at sentencing by the court, upon a finding by "the preponderance of the evidence" rather than as an element of a crime that must be proven beyond a reasonable doubt. We do not address these additional concerns at this time because of our decision that the statute is facially unconstitutional. [fn6] Though the trial court noted that the misdemeanor battery would be enhanced to a third degree felony, it only sentenced a.c. on the conviction for attempted aggravated battery to cause great bodily harm, enhanced from a third- to a second-degree felony. This was "because there was only a single incident and victim and only one charge could be pursued." a_.i=-,---"'-,~t:ate, ?22 So.2d 839, 84 1 (Fl a. 5 t h DCA 1998) . Copyright @ 2007 LQislaw.com, Inc. All Rights Reserved httn.111"i"J""" r"n,/nndrl"r]i"j". ht,.,?lrHTClllt,.,=nrcllltrd',,,li,,C'=J:;"T r,., \;;~ ~,r;t",=7AQ.+-\;;n 'In.+- '//1 'i n n()7 Florida Statutes - 874,(n Short title.- Florida Statutes .-J Florida Statutes ~ TITLE XLVI CRIMES ~ CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.01 Short title. - 1";1.3 ~ I. 11 --'- Hlstory. "'--J COPYright Ii:) 2007 LOlslaw.com, Inc. All Rights Reserved http://loislaw.com/pns/tcdocview.htp''loRauto=TCAUTO&dockev= I 1792194raFLCODE Page 1 of 1 2T2007 Florida Statutes - 874.02 Legislative findings and intent. _ Page 1 of 1 Florida Statutes .,j Florida Statutes .,j TITLE XLVI CRIMES .,j CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.02 Legislative findings and intent. _ (1) The Legislature finds ~hat it lS the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal street gangs and their members. It is not the intent of this chapter to interfere with the exercise of the constitutlonally protected rights of freedom of expression and association. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted acthority for a redress of perceived grievances, and to participate in the electoral process. (2) The Legislature finds, however, that the state is facing a mounting crisis caused by criminal street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal street gang activities, both individually and collectively, present a clear and present danger. The state has a compelling interest in preventing criminal street gang activity, and the Legislature finds that the provisions of this act are necessary to maintain the public order and safety. (3) It is the intent of the Legislature to eradicate the terror created by criminal street gangs and their members by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal street gang activity, including criminal street gang recruitment. History. - s. 1, ch. 90-207; s. 74, ch. 94-209; s. 56, ch. 95-267; s. 35, ch. 96-388. Copyright @ 2007 loislaw.(:o/l], Inc. All Rights Reserved httD:/!loisJawcol11!nn"/t~rlo~vif'W htn')lou~llIt()=T(, A T TTnRrrln('],,"v=1 1 70'") 1 O':;r/JII:'T rnflI:' '") /7 nnn7 Florida Statutes - 874.Cl3 Definitions. Page I of:2 Florida Statutes .-J Florida Statutes .-J TITLE XLVI CRIMES .-J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.03 Definltions. - I f! ~-_~rL.:~ "'''C- ~I II ;flt::' ::1 ~ :: ,=}~rca__ ~::-'~Ja _~=atl .-; t 1 ~ I 1::n3 t.s l=)r i=-C'l:~ ~-:l' d',~'-::::,l\;1"=..::.e5 s-=- I '=rir~,illG-L cr 3(:-C.5, 3TIG f_L3'- 51St:=. i:::entifjl indi '.' idua~ 1" In I:;.:c- ~ -~:_ ~ r 5 r::) 11 S := 8n-Jfl::';;' 1 'or is rnenu:le-' "~ e:-l ,:;2 ':] 2 ,'c :'~J t_~ ',,' "r-,:c iI-:-'. i na,~ s t_ r~~e -= q a. ITle:-:lbe::-.:- II C~lml~a_ s-c~ee~ garg 3S jefi~ed f the :~~lcwlnc =~ltEria: ~--: I~lers membeI f ::., mee~_.::: ~ a _~rir:L-=-- t 5 - lI~l~a~ s~ree~ ga~g ~embership. (b Is i0en~i~ied 65 2 ,:riminal str et gang ~ember ny a Darent :jcarCll,'lL. e)- _oentlfied as _ :~i~ln31 street ~a~a member rel~able i~fQrma~t. a d8ccrnen-;::ed (d, Res~d8s in GI f~eque~ts a parti2Jlar cri~i~al street ga~g's 5rea br:~ adc)p"'=-s thei::- s-:= e cf dyess, tr~eir '-15e :::)f hanG 5i.:j~s, c)r t:--~eir -:'ci=-:':::,8S, a:-iC: 2ssccia~:'2S J',i ,'~) ',,\' l i . - " ' =~l~,lra~ s~~ee~ 0a~a TEDDers. e) _5 ide~ti~ied as a c~im~nal stree~ gang member by ar i~for~an~ ~~ prev~ousl~ Jn~ested rel~abll~tj and suet iden~if~cation is eor~oborated t; i:l f c rrrld i~ f) rlas en a~rested more than once In ~he com~any elf ~.derltlfieci =rl~lna~ ~"rp - gang membe~s fer ffenses wti=~ are 28Gsistent itt l15~~a_ :~2.x~n0~ ~~~~ ~ ~an CiC-:tl ~~,. _5 , . . . rr.l !'13 ~ c::r -V-2~- .--' - - -'," ~-' .- ~1 a r. '-=- r.":?~Lt:e r SJ SL,::h as pr. t ~~2 .s ~ rl s ~~ .:C;,:tP3L\' , " -=--rf'.2-:-'l211 s::~ee::- '''t,l rperLcer,' r~~ .j_ =-.flil-=' 5: . r: ,:=::nf>23 L c,C.;.. ~nit " ''''_e3r;s t e 1"::::'5 __1. "''',.:::' rt-j ~:trse,= 1~1 '=,rT.}:: ~ e 1'''' t , :1,:: _,.~ f, sr - :cae:',: t' '_-::o:ru'T.l ~ , Ifl re :Ti:~ 5dem~?aLCl: ~':--:e =-1 ',i ~ --I 1 ~ .::: ~ .1-_ ;::'i --. +- S :-l :- ':"~ ~" ~ '. '.l, . ~; hHn-//1nisl;1\v cnm/nns/jer!lor'vip\\ htn"]cw;llltn=T('.\ I ;T()A>rlnr];pv=117QJ 1 Q(,iri,1='T r()f)F 17(J()()7 Florida Statutes - 874.03 Definitions. _ Page 2 of 2 1. Admits to criminal street gang association; or 2. Meets any single defining criterion for crlminal street gang membership described In subsection (2). (~.. " ,~I "Gang-related incident" meaLS an any of the following conditions: lncldent that, upon investigation, meets 1. The partlcipants are identifled as criminal street gang members or crimlnal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang; 2. A reliable informant identifies an incident as criminal street gang activlty; or 3. An informant of previously untested reliability identifies an incident as crimlnal street gang activity and it is corroborated by independent information. History. - s. 1, ch. 90-207; s. 75, ch. 94-209; s. 36, ch. 96-388. Copyright cg 2007 LQls,law.c_Qill, Inc. All Rights Reserved httn'i/lni<dRw rnm/nn,,/trnnrvipw htn?]rw::1l1tn=Tr A T TTnRrnnrkpv=117Q; 1 QhrmFT rnnF ; /7 n007 Florida Statutes - 874,04 Criminal street gang activity: enhanced penalties. -- Page 1 of 1 Florida Statutes ~ Florida Statutes ~ TITLE XLVI CRIMES .-J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.04 Crimlnal street gang actlvlty; enhanced penaltles. - :--J :::;::1 ~_ -+~ I'" - ~-~ e -, 'f--I fccl th ::..:::j . Th2 L~- d) . _ F.~SC1.eWe2_ ! t~-'I~=" '--=:CI~ iF"; ic'Led ',< In=-_ S 02:Ti-:: 2 Y-l :~, t t ;-1 __ l-::~ ~ ,,:=:. (b A :rl~sjemeancr f ~hE first degre€ m~y be ~u~iS~led as i~ it were b felony f ~~e tLird degre For purposes f sen~enolng under chapter and dete~rliDiLg ~~centive gairl-time el~giDili~ ~nder chapter 44, su=~ offense is ra:--d<ed in le'Jel 1 or -+.=.r~e offer,se .3e'Jerit~l ranking::har:_. '1'[>== crirrl=-ca.l SLr:~et ga:-l'~ r:10--Lti;:,lier in s. 9~_:t~_q_Q__~~ dDE:S :-10t applj- +-,- xisdemeanors enhar-ced U~t~er t is pa~a a d ~el ~ird degree ffi2\- be punis~ed as if 'vJerc::-: a :eloL',' :: ~,r.e . ~ I e' ~=, ~' +: ,n~-:::' 5e .:3 ceqree LILc.:~- t.e r"Jn"LS~led 25 ~_f l"t l/):::;re --'- fel.-:,LT< ~ne =~rs~ G~c~~e. LI. fe -L_'.. '~~) f ::. ~-l e ~t ~ea~ee may be ~~D~shed as ~~ ~t wer~ ~ ~~LS =elocj' . For pC~Dcses f sentencirlg Joder chapte~ 921 3rlb detersi~~ng ~~cen~~ve gain-:ime e:l_ity under chapter 944, such ~elony of~ense is ranked ~~ prc\]ijed -=-L _ s. 9~L_Q_Q_~_:;?, ar.d ~-:hotJ.t regard tc _he pe!1l~_lt enh~r~ceffie~t l~ this s~bsectj"or. Fer purposes f "_h s section, pe~al~~' ~;nhar:.l=errLerLt a:rects the i.~-=able st3t1j1,_ r'/ ~~a:':":lL',J.:-:'t y -':,-1,; "--..L f - ~, ," - J.. '--r. i [~ - _ 4; History. )-: j, 1 ~ Copyright @ 2007 Loislaw,com, Inc. All Rights Reserved httn:/!JoisJa\vcom/nns/tcdocview hrn')]ov::mto=TC';-\l rTO&dockev=117c)~1 c)7((fIFT COnF .., 7i2()(l7 """",,,,,,,,,,,,,,,,~~~"",,',A.,""'>'-'""'''-'' Florida Statutes - 874.05 Causing, encouraging, soliciting, or recruiting criminal street ga... Page 1 of 1 Florida Statutes ....:J Florida Statutes ....:J TITLE XLVI CRIMES ....:J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.05 Causing, encouraging, soliciting, or recruiting criminal street gang membership. - (1) A person who intentionally 2auses, en2ourages, soli2its, or recruits another person to join a criminal street gang that requires as a condition of membership or continued membership the corrunlssion of any crime commits a felony of the third degree, punishable as provided in s. 77S.QJ:-;2, s. :t':-; I or s. (2) Upon a second or subsequent offense, the person corrunits a felony of the second degree, punishable as provided in s. 775,Q82, s. 7?:i....1l83, or s. 7:rS.Q84. History. - s. 38, ch. 96-388. Copyright @ 2007 L.Qi~L<!\N~com, Inc. All Rights Reserved httn://loislaw_com/nns/tcoocvipw htn?lna:llltn=TI' A T ITnRrnlll"'k-P\T= 1 170') 1 OSU/'1)PT I'rH")P Jl7/1nrn Florida Statutes - 874.06 Civil cause of action. - Page] of 1 Florida Statutes .-J Florida Statutes .-J TITLE XLVI CRIMES .-J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.06 Clvll cause of action. 2- ~-l c.~ ~_ _. c t l ~-1 f"'=- b =- 3':.' !:-!. t ~ r r:. ,3. ~_ J t- ,- L '~; ,::: li =. 6 T_ .t l.:.;Ll~--l ! _ _J -L ,::iLj r c'~r_e~ ~~rrr. ~~ (:1"l, c any '_1- d ~~'::~l~_ _::i:_ Clint~if ~nG ~I History. :':1.. Copyright (~) 2007 LoLslaw.c:om, Inc. All Rights Reserved httn nis];:]\\' [,()l11irms/t['rl()('vi~\:v htn')l()(T:ll1t()=T(~.A 1 'T()"'u1()('ln-,\'= 1 1 7Q; 1 QQ'n]:.'1 rnn1= '7 /i()() 7 Florida Statutes - 874.08 Profits, proceeds, and instrumentalities of criminal street gangs... Page 1 of 1 Florida Statutes ~ Florida Statutes .~ TITLE XLVI CRIMES ~ CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.08 Profits, proceeds, and instrumentalities of criminal street gangs or criminal street gang recruitment; forfeiture. _ All profits, proceeds, and instrumectalities of criminal street gang activity and all property used or intended or attempted to be used to facilitate the criminal activity of any criminal street gang or of any criminal street gang member; and all profits, proceeds, and instrumentalities of criminal street gang recruitment and all property used or intended or attempted to be used to facilitate criminal street gang recruitment are subject to seizure and forfeiture under the Florida Contraband Forfeiture Act, s. ~~~.701. History. - s. 1, ch. 90-207; s. 77, cli. 94-209; s. 55, ch. 95-267; s. 40, ch. 96-388. Copyright @ 2007 LQj~~Lw .com, Inc. All Rights Reserved http://loislaw.com/pns/tcdocview.htp?logauto=TCA UTO&dockey= 11 792200(Q)FLCODE 2/7 /2007 Florida Statutes - 874.09 Crime data information. - Florida Statutes .-:J Florida Statutes .-:J TITLE XLVI CRIMES .-:J CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION 874.09 Crime data ~nformat~on. lL:::: __1.. .1-_+ ;rL:::t . L _iniL::=::.1 ,_ _ _ r:::~r ~'l t ~ : .::~~} . L,'-1r :c ::. (:C History. ; " , l'l. Copyright (c.) 2007 LOlslaw.com, Inc. All Rights Reserved http://loislmv.com/pns/tcdocview.htp?logauto=TCA UTO&dockev= 11792201 (cl)FLCO DE ~."""-,""~~~."",,,,,,,,,,^,.-,,.,.. Page 1 of 1 2:7/1007 Chapter 10.12 OFFENSES AGAINST PUBLIC PEACE Page 1 of2 A It shall be unlawful for any person: 1. To loiter in or near any street or public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that the person repeatedly beckons to, stops or attempts to stop, or engages in conversation with, passersby, or repeatedly stops or attempts to stop motor vehicle operators by hailing them or gesturing to them. The violator's conduct, behavior and demeanor must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution; 2 To loiter in or near any street or public place in a manner and under circumstances manifesting the purpose to engage in a drug-related activity contrary to any of the provisions of Chapter 481 of the Texas Health and Safety Code. Among the circumstances which may be considered in determining whether such purpose is manifested are: a. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, such person is acting as a "look out," b. Such person is physically identified by the officer as a member of a "gang," or association which has as its purpose illegal drug-related activity, c. Such person transfers small objects or packages for currency in a furtive fashion, d. Such person takes flight upon the appearance of a police officer, e. Such person manifestly endeavors to conceal himself or herself and any object which reasonably could be involved in an unlawful drug-related activity, f. The area involved is by public repute known to be an area of unlawful drug use and trafficking, g. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity. The violator's conduct, behavior and demeanor must be such as to demonstrate a specific intent to engage in drug-related activity contrary to the provisions of Chapter 481 of the Texas Health and Safety Code. Within six months after the passage of this section, the mayor and the police legislative review committee shall review this section and make recommendations to the city council concerning the effectiveness of and the continuing need for the section. Additionally, the city council will continue to study, evaluate and periodically update this section, as is necessary. B. Definitions: 1. "Public place" is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. The term "street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curb, sidewalk, whether paved or unpaved, parkway and any grass plots or other grounds found within the legal right-of-way of a street 2. "Loiter" means to remain, linger, idle to continue and to stay unnecessarily upon the streets in conjunction with the acts prohibited by subsection A of this section. C. Construction. 1. Severability is intended throughout and within the provisions of the loitering ordinance. If any provision, including inter alia any subsection, part, phrase, term, or word, or the application thereof to any person or circumstance is held invalid or unconstitutional by valid judgement or decree of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this section, and such remaining portions shall remain in full force and effect 2. It is intended that the loitering ordinance be held inapplicable in such cases, if any, where its application would be unconstitutional. A constitutional construction is intended and shall be given. The city council does not intend to violate the Constitution of the state or the Constitution of the United States of America, and does not intend an interpretation of this section or an application thereof which is absurd, impossible or unreasonable. (Ord 1 0929 ~~ 1, 2, 1992; Ord. 1 0878 ~ 1, 1992: prior code ~ 15-13) 10.12.040 Loitering on school grounds. No person shall loiter or loaf upon any public school grounds, or inside any building on such grounds, while such school is not in session; provided, however, this section not prohibit the http://w\vw.ordIink.com/codes/elpaso/_DATA/TITLE 1 0/Chapter__1 0_12_ OFFENSES_AG... 2/14/2007 Chapter 10.12 OFFEl\SES AGAINST PUBLIC PEACE Pag.e :2 of .2 lawful assembly of any group of persons upon the public school grounds or inside the buildings on such school grounds. when permission therefor shall have been granted by the school authorities; nor shall this section prohibit gatherings upon such grounds or within such buildings in connection with school or other functions held on such grounds or within such buildings. (Prior code 8 15-14) http://v.w\v.ordlink.com/codes/elpaso/ DA TA/TJTLE 1 O/Chapter 10 12 OFFENSES AG". 14/2007 IX.-CITY MANAGER'S REPORT ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16,2007 January 2, 2007 (Noon) [gJ March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations [gJ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: legislature. Review of anticipated property tax or revenue restrictions imposed by the state EXPLANATION: There is current discussion in Tallahassee that may result in reduction of property tax revenues via rollback to 2001 levels, adjustment of homestead exemptions from the current rate of$25,000 to a higher level, portability of the "SAVE OUR HOMES" exemption and replacement revenues for some of the loss from a 2.5% increase in sales tax that is supposed to replace the balance of the property tax. However, the replacement revenue would not provide funds above a roll back rate. The most detailed proposal is from the Florida House of Representatives that contains a rollback to 2001 tax rate levels or a revenue loss to the City of approximately $12.5 to $12.8M. As of Wednesday, March 14th this proposal was put on hold. An emerging proposal from the Florida Senate could also roll back taxes to an earlier year. Both chambers appear to agree that the property assessment practices in the state need to be changed and move away from "highest and best use" to "current use." Such a change would have an undetermined impact on the City through a reduction in the overall value of property in the City. Until a new formula is applied to all property the exact nature of the cut is unknown. One possible idea is the concept of a "smoothing process" for assessed values. Under this scenario, property values would not be based on an annual value but rather the average over a five to seven year period. This would have the impact of reducing the overall assessed value of property because even a recent sale of the property would be reflected as one year of the smoothed assessed value. This technique may meet the intended purpose of "portability" in that a property's smoothed valuation would continue after a sale. While the sale price of the property would be reflected in the value, it would be one year of the five or seven year smoothing factor. This principal is the same as used in pension funds to help stabilize costs in volatile market conditions. The new property owner would have the benefit of a more graduated rate in their assessed value rather than "re-setting" the value based on the purchase price solely. PROGRAM IMPACT: Currently, public safety services (police and fire) consume over 100% of our current property tax revenues. Therefore, a reduction of property tax revenue to the magnitude of the House Property Tax Proposal would reduce public safety services to our citizens. Revenue reductions of this magnitude will result in program elimination and service reductions. The proposals will also affect availability of funds for collective bargaining agreements pending (Blue Collar and Police). The House proposal has a local extra-ordinary override procedure to approve a tax rate higher than allowed. This must be done each year the tax rate exceeds the allowable roll back rate. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC /((( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: (Include Account Number where funds will come from) - see above ALTERNATIVES: Authorize the City staff to communicate the following basic suggestions to our legislative delegation: 1. Base future property tax legislation on the 2007 base and not on a rollback formula, as this will adversely affect delivery of City services. Such legislation can provide a cap methodology that requires extra-ordinary votes to go above the cap. The annual cap should be adjusted based on a logical formula, not just the CPI. 2. Provide a two-year phase-in ofthe increase in the homestead exemption from $25,000 to $50,000. This year the exemption would be to $37,500 and the second year to $50,000. The financial impact on Boynton Beach would be a revenue loss of$3.1M. It would be painful, but we could address this over a two-year period, if needed. This would be about $1.6M in cuts for each of the next two years. 3. Endorse legislation for changing the assessment practice from "highest and best use" to current use. While this will have an undetetmined negative impact on the City's assessed value\, the current practice of basing property values on speculation of what a property would be worth if it were developed is unfair and should be changed. 4. Resist the concept of sales tax increases to serve as replacement revenue. This is a revenue stream that is impacted by the economy. In addition, such replacement revenue could be subject to annual appropriation by the legislature and therefore not guaranteed. This year, the state budget shortfall is approximately $1 Billion due to a drop in sales tax revenues and reduction of document stamp revenues because a very slow real estate market. Increasing the sales tax by 2.5% merely adds to an already regressive tax that impacts lower income families' more than upper income families. 5. Work with others to support a possible change in how property values are assessed over time. Whether this is a smoothing approach as outlined above or a different process or protection to non-homestead exempted parcels. 6. Leave the "Save our Homes" but perhaps allow deployment of smoothing of property values to help those who choose to upgrade or downsize their principal place of residence. This could have the impact of a built-in portability mechanism. ~C. M ~S' latnre Ity anager sIgna ~ Department Head's Signature Assistant to City Manager City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 FAX: (561) 742-6011 e-mail: city.manager@ci.boynton-beach.fl.us www.ci.boynton-beach.fl.us To: Hon. Adam Hasner Deputy Majority Leader Florida House of Representatives District 87 Hon. Mary Brandenburg Florida House of Representatives District 89 From: Kurt Bressner, City Manager Date: March 7, 2007 Subject: Property Tax Reform Thank you both for meeting with us today to discuss the property tax situation. I am providing this supplemental information to you because you both serve on the House Policy and Budget Council. We understand that the Council will be considering the House Property Tax Proposal on March 9th. I went back to verify the figures I gave you at our meeting and can confirm that property tax does indeed constitute 53% ofthe total revenues in our General Fund. This is the fund that property taxes are collected and spent for governmental services. The following is a small table showing the past three years of property tax revenue compared to total property tax revenue. I don't think that Boynton Beach is atypical of other municipalities: 2004-05 2005-06 2006-07 Property Tax Total General Operating Revenue % of Total Revenue as Prop Tax $26,125,055 $59,092,636 44% $30,570,456 $62,422,843 49% $38,304,337 $72,340,414 53% In our case, we use property tax to help pay for public safety costs (police and fire services). For the past seven years on the next page is what we have spent on police and fire services: Boynton Beach Public Safety Cost Boynton Beach Public Safety Cost Boynton Beach Public Safety Cost Boynton Beach Public Safety Cost Boynton Beach Public Safety Cost Boynton Beach Public Safety Cost Boynton Beach Public Safety Cost Year 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 Amou nt $23,025,184 $24,594,903 $27,789,538 $28,383,226 $31,104,434 $35,599,803 $40,305,048 % over Prior Yr. 6.8% 13.0% 2.1% 9.6% 14.5% 13.2% To meet our service levels over the past seven years we have hired 24 new fire personnel and 20 new police officers. This was in response to the needs of a growing community and our desire as a City to achieve a 4-minute response time for fue-rescue calls. This is an improvement from an 8-minute response time in 2000. I also note that public safety expenditures for the City of Boynton Beach, exceed our property tax revenues in each of the past seven years. Based on our initial calculations for the House Property Tax proposal with the rollback to 2000, the revenue loss that would need to be made up with alternative revenue sources or service cuts will be: City of Boynton Beach: $10,473,009 Boynton Beach CRA: $ 1,870,749 Total $12,342,758 According to our understanding ofthe House Property Tax Proposal, the City's current Millage rate of 7.100 would be rolled back to 4.8090. I should note that in 2001, the City's property tax rate, exclusive of debt service was 7.8160. In 2006, that rate is 7.100. A history of the Boynton Beach rates are as follows: Year General Rate Debt Service Total Rate 2001 7.8160 0.4413 8.2273 2002 7.6000 0.3950 7.9950 2003 7.5000 0.3804 7.8804 2004 7.5000 0.1800 7.6800 2005 7.5000 0.1300 7.6300 2006 (Current) 7.1000 0.0400 7.1400 In addition, personally as a homestead exempted property owner living in the City of Boynton Beach, I am paying less in property taxes to the City of Boynton Beach in 2006 than I was in 2001. This is in real dollars because the City of Boynton Beach, in the face if increased assessed values, dropped the tax rate over the past six years. This is a real example. Many other units of local government have also reduced their tax rates as assessed values in their jurisdictions increased. 2 Respectfully, We request that you consider the following ideas to property tax reform with the idea that a number of concurrent strategies are needed: 1. Amend the state statute to require property assessments to be based on current use rather than "highest and best use." 2. As an alternative to the way "Save our Homes" is administered, consider a methodology change that would provide for five or seven year "smoothing" of assessment levels. This is commonly used in pension plans to handle wide swings in investment earnings and losses. In effect, a smoothing methodology would allow portability in that the value of a house even after a purchase would be based on a formula of the prior seven years. 3. Require that local authorities that approve a tax levy in excess ofa limitation amount, do so by an extra-ordinary vote. This retains local authority to select and fund levels of service deemed appropriate for a city or county. 4. If the Homestead Exemption is to be increased from the current $25,000 to $50,000, that this be done over a two-year period, the first year to $37,500 and the second year to $50,000. The actual projected revenue loss to the City with a change from $25,000 to $50,000 is about $3.4 M. If necessary, we can make program and expenditure cuts of about $1. 7M each year. We don't have all the answers, but we do feel that the property tax problem is a major issue that will require creative thinking and hard work. We feel that the House Property Tax Proposal has a number of positive elements that should be carefully evaluated and considered by the House Policy and Budget Council in your hearings over the next few weeks. I would be pleased to discuss the four suggestions in more detail as needed. These are ideas that we have to help address the inequities in the current property tax system. Cc: Mayor and City Commission William Mummert, Finance Director James Cherof, City Attorney Wilfred Hawkins, Assistant City Manager 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'1 XI. - NEW BUSINESS ITEM A. R~quested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 [)cc~l1lber S, 2006 November 20,2006 (Noon) 0 0 January 2. 2007 December 18,2006 (Noon) 0 March 5, 2007 February] 2,2007 (Noon) 0 Januar\ 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 h:hruan 13.2007 January 22. 2007 0 April 3, 2007 March 19, 2007 (Noon) NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o RECOMMENDATION: Discussion ofa Local Lobbyist Registration Ordinance. Direct the City Attorney to prepare a lobbyist registration ordinance for the City of Boynton Beach. EXPLANATION: Palm Beach County has in effect a Lobbyist Registration Ordinance that requires that the fullest opportunity be afforded to the people to petition their County government for the redress of grievances and to express freely to the elected officials their opinions on legislation and other actions and issues. Palm Beach County has deemed it necessary that the identity and activities of certain persons who engage in efforts to influence Commissioners, Advisory Board members and employees on matters within their official duties, be publicly and regularly disclosed. PROGRAM IMPACT: Adopting an ordinance similar to the Palm Beach County ordinance (see Exhibit A) would require lobbyists to submit completed registration forms to the City before engaging in lobbyist activities (see PBC Lobbyist Registration Form attached as Exhibit B). A "Lobbyist" is defined by Palm Beach County as any person who is employed and rtceives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. "Lobbying" means seeking to influence the decision of any Commissioner, any Advisory Board member, or any employee with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to an ;\dvi~ory Board or City Commission (see Exhibit C - Information and Q&A's). Should the City of Boynton Beach decide to adopt ~lIch an ordinance, local lobbyists would be identified and expected to adhere to a documented process and procedure. FISCAL IMPACT: There are no costs associated with the Palm Beach County Lobbyist Registration Ordinance. AL TERN A TIVES: Not to discuss a Local Lobbyist Registration Ordinance and not irect the City Attorney to prepare a Lobbyist Registration Ordinance similar to the Palm Beach County Ordinance. Department Head's Signature City Manager's Signa re Assistant to City Manager {)/k,(.-./ Department Name City Attorney / Finance S\llUIIITIN\IORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A THE PALM BEACH COUNTY LOBBYIST REGISTRATION ORDINANCE 2 3 ORDINANCE 2003-018 (effective July 1, 2003), AS AMENDED BY ORDINANCE 2003-055 (effective November 25, 2003) 4 5 6 [Thefollowing represents a consolidation for reference purposes only of the two Ordinances cited above. The ordinance titles, the recitals, and other non-substantive provisions have been removed for the convenience of the reader. For exact text, please refer to the original Ordinances.} 7 Section 1. Title and Purpose. 8 A, This Ordinance may be cited as the "Palm Beach County Lobbyist Registration Ordinance." 9 B. The Board of County Commissioners of Palm Beach County hereby determines that the 10 operation of responsible government requires that the fullest opportunity be afforded to the people II to petition their County government for the redress of grievances and to express freely to the elected 12 officials their opinions on legislation and other actions and issues; that to preserve and maintain the 13 integrity of the governmental decision-making process, it is necessary that the identity and activities 14 of certain Persons who engage in efforts to influence County Commissioners, Advisory Board 15 members, and Employees on matters within their official duties, be publicly and regularly disclosed. 16 Section 2. Definitions. 17 A. Unless expressly provided herein to the contrary, for purposes of this Ordinance, the 18 following definitions will apply: 19 1. "Advisory Board" will mean any advisory or quasi-judicial board created by the 20 Board of County Commissioners. 21 2. "Board" will mean the Board of County Commissioners of Palm Beach County, 22 Florida. 23 3. "County Commissioner" will mean any member of the Board of County 24 Commissioners of Palm Beach County, Florida. 25 4. "Employee" will mean all personnel employed by the Board of County 26 Commissioners. 27 5. "Lobbying" shall mean seeking to influence the decision of any County 28 Commissioner, any Advisory Board member, or any Employee with respect to the passage, defeat 29 or modification of any item which may foreseeab1y be presented for consideration to the Advisory 30 Board or Board of County Commissioners as applicable. 2 3 4 5 6 7 8 9 10 II 6. "Lobbyist" shall mean any Person who is employed and receives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. "Lobbyist" shall not include any Employee as defined by this ordinance when acting in the course of his or her employment, any elected local official when the official is Lobbying on behalf of the governmental agency which the official serves, or any member of the official's staff when such staff member is Lobbying on an occasional basis on beha!fofthe governmental agency by which the staff member is employed, 7. "Person" shall mean individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations (profit or not-for-profit), professional corporations, or associations, and all other groups or combinations however constituted. 8. "Principal" shall mean the Person or entity a Lobbyist represents for the purpose of 12 Lobbying. ] 3 14 15 16 17 18 19 Section 3. Rel!istration. A. Registration Req uired. All Lob byists shall register with County Administration before 20 engaging in Lobbying. Every Lobbyist shall submit a form prepared by County Administration and shall state his or her name, address, the name and address of each Principal represented, the general and specific areas oflegislative interest, and the nature and extent of any direct business association or partnership with any current County Commissioner, Advisory Board member, or Employee. A Lo bbyist's registration shall automatically expire on December 31 st of the year of registration. If at any time during the year, a Lobbyist commences representing a Principal for which the Lobbyist has not registered pursuant to this Ordinance, such Lobbyist shall register with respect to that Principal prior to Lobbying. Lobbying prior to registration is prohibited, 21 22 23 B. Registration Exceptions. Registration shall not be required for the following: 24 I. County Commissioners, Advisory Board members or Employees discussing matters 25 relevant to their official duties; 2G 27 28 29 30 2. Persons under eentraet .. ith tHe Count)' who communicate with CQunty Commissioners, Advisory Board members or Employees regarding issues related only to the performance of their services under their contract; 3. Any Person who lobbies only in his or her individual capacity for the purpose of self - representation; 2 2 3 4 5 6 7 8 9 10 II 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 4. Any Person who appears before the Board or Advisory Board in a quasi-judicial proceeding. C. False Statements. A Lobbyist shall not knowingly make, or cause to be made, a false statement or misrepresentation in maintaining registration or when Lobbying County Commissioners, Advisory Board Members, or Employees. Section 4. Record of Lobbvin\: Contacts. A. Contact Log. Except when appearing before the Board or any Advisory Board, all Persons shall sign, for each instance of Lobbying, contact logs maintained and available in the office of reception of each department of County government. The Person shall provide his or her name, whether or not the Person is a Lobbyist as defined in this Ordinance, the name of each Principal, if any, represented in the course of the particular contact, and the subject matter of the Lobbying contact. All contact logs shall be transmitted to the County Administrator at the end of each calendar quarter. B. Lobbying Outside of County Offices. In the event that a Lobbyist engages in Lobbying which is outside of County offices, and which is a scheduled appointment initiated by any Person for the purpose of Lobbying, the Lobbyist shall advise the Commissioner's office or Employee's department office as appropriate of the calendar scheduling of an appointment and the subject matter of the Lobbying contact. Section 5. Cone of Silence. A. "Cone of Silence" means a prohibition on any communication, except for written correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other competitive solicitation between: 1. Any Person or Person's representative seeking an award from such competitive solicitation, and 2. Any County Commissioner or Commissioner's staff, or any Employee authorized to act Oil behalf of the Commission t" owarcl 0 poM;",,10r ""ntro"! B. For the purposes of this Section, a Person's representative shall include but not be limited 28 29 to the Person's employee, partner, officer, director, consultant, Lobbyist, or any actual or potential subcontractor or consultant of the Person. 3 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. Each Request for Proposal, Request for Qualification, bid, or any other competitive solicitation shall provide notice of Cone of Silence requirements and refer to this Ordinance. D. The provisions of this Ordinance shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the Board, and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between any Employee and the intended awardee, any dispute resolution process following the filing of a protest between the Person filing the protest and any Employee, or any written correspondence at any time with any Employee, County Commissioner, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. E. The Cone of Silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the Palm Beach County Purchasing Ordinance (Palm Beach County Code Chapter 2, Article Ill, Division 2, Part A, Section 2.51, et seq.). F. The Cone of Silence shall terminate at the time the Board, or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Section 6. Enforcement. A. If the County Administrator is informed of any Person engaged in Lobbying activities who 21 22 23 24 25 26 has failed to comply with the requirements of this Ordinance, he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the County Administrator determines that a violation has occurred based on the results of the investigation, the following enforcement procedures shall apply. B. A notice of violation shall be transmitted to the Person indicating the nature of the violation 27 28 29 and the penalty impo6lld. TAil Lgbb)~st shall Aa"e lip to thirty days after the date of the notice to seek appeal of the penalty. In the event the Lobbyist fails to submit an appeal in writing to the County Administrator within thirty days of the date of such notice, the violation shall be deemed final, and the penalty imposed shall be effective immediately. 4 2 3 4 5 6 7 8 9 10 II C. Appeals of any decisions of the County Administrator shall be referred to a special master for hearing. I. Creation and Appointment. Appeal hearings pursuant to this Ordinance shall be 12 conducted by designated special masters. Applications for special master positions shall be directed to the County Administrator pursuant to a notice published in a newspaper of genera] circulation. The County Administrator shall select a pool of candidates from applications filed on the basis of experience and qualifications. The County Administrator shall appoint each special master to conduct each hearing from the pool of candidates selected, as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association, and a current member in good standing of The Florida Bar. The County Administrator shall give preference to those attorneys who have prior experience in ajudiciary capacity, or as a hearing officer, mediator, or special master. Special masters shall serve without compensation for their services, and shall not be considered Employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. 13 14 ]5 16 ]7 18 19 20 2. Conduct of Hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearingno less than fifteen working days in advance of the hearing. The special master shall render a decision on the appeal within fifteen working days after the case was heard. b. The special master shall provide Persons seeking appeal and any County 21 22 23 24 representatives an opportunity to present testimony and evidence. All testimony shall be under oath and shall be recorded. Forma] rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The special master, in his or her discretion, may exclude irrelevant, immaterial, or unduly repetitious evidence, but all other evidence ofa type commonly relied upon by reasonably prudent Persons in the conduct 25 26 of th~ir affairs sball hp onmi<<ihlp, wh"th"T nr not <lI"h "vid"TIce would be admissible in a 27 trial in the courts of Florida. Any part of the evidence may be received in written form. 28 29 c. The decision of the special master is final and appealable by writ of certiorari pursuant to the Florida Rules of Appellate Procedure. 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 D. The validity of any action taken by the Board, the Advisory Boards, or any Employees, shall not be affected by the failure of any Person to comply with the provisions of this Ordinance. Section 7. Penalties. A. Violations of the Palm Beach County Lobbyist Registration Ordinance shall be punishable as follows. 1. Failure to properly register as required by Section 3 ofthis Ordinance shall be deemed a single violation, punishable by a fine of two hundred fifty dollars ($250.00) per day for each day an unregistered Lobbyist engages in Lobbying activity, in an amount not to exceed a total of two thousand five hundred dollars ($2,500.00). 2. Failure to properly provide Lobbying contact information as required by Section 4 of this Ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation. 3. Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation. 4. Any Person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a Lobbyist registration shall be subject to a fine of two hundred fifty dollars ($250.00) for each violation. 5. Any Person who violates the provisions of this Ordinance more than once during a twelve-month period shall be prohibited from Lobbying as follows: A second violation shall result in a prohibition of one year; a third violation sh all result in a prohibition of two years. 21 6. The penalties provided in this section shall be exclusive penalties imposed for any 22 violation of the registration, contact log, and Cone of Silence requirements of this Ordinance. Failure 6 2 3 or refusal of any Lobbyist to comply with any order of the County or special master shall be punishable as provided by law, and shall otherwise be subject to such civil remedies as the County may pursue, including injunctive relief. * * * Q ;\Publn~L'8A fl\lobbyist_ord_II-03. wpd 7 EXHIBIT B Instructions: Fill out information requested and return completed form to the address below. Attach additional names of principles or organizations ifnecessary. It is the duty of each lobbyist to continually update and file this information. Rel:istration automatically expires on December 31'1 of each year. Name of Lobbyist: Business Phone: ( ) Firm Name(if applicable) Business Address (StreetlP.O. Box, City, Zip Code) Description of nature and extent of any direct business association or partnership with any current Palm Beach County Commissioner. Advisory Board member or County employee: Principal (s) Represented Name: Name: Address: Address: Legislative Interest of Principal Legislative Interest of Principal Additional Principals Should be Disclosed on Additional Pages In compliance with Palm Beach County Ordinance 2003-018, I hereby submitthis registration form, and state that the information contained herein is true and correct. Signature of Registrant Date of Registration Return completedform(s} to: Todd Bonlarron, Legislative Affairs Director 30] N. Olive Avenue, Suite] 101 West Palm Beach, FL 3340] (56]) 355-345] EXHIBIT C Important Information Regarding Lobbyist Activities in Palm Beach County If you are a paid lobbyist, attempting to influence the outcome of a matter that would ultimately come before the Board of County Commissioners, you must comply with the requirements of the Palm Beach County Lobbyist Registration Ordinance. This Ordinance requires lobbyists to submit completed registration forms to County Administration before engaging in lobbyist activities. Even if you lobby only on an occasional basis, it is important that you familiarize yourself with these lobbying regulations. At this site, you will find links to the Ordinance, frequently asked questions, and answers, a Registration Form you may print, and a Lobbyist Registry. . Registration: Registration will now be through the County Administrator's office. . Contact Log: For each instance of Lobbying, all persons must sign a contact log maintained in the reception office of each County Depa rtment. · Outside Appointment: In the event an outside appointment is scheduled for the purpose of Lobbying outside County offices, it is the responsibility of the lobbyist to advise the Commissioner's office or the Employee's department office. · Cone of Silence: The "Cone of Silence" means a prohibition on any communication, except for written correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other competitive solicitation. The "Cone of Silence" is in effect from the time/date of the deadline for submission of the proposal, bid or other response to a competitive solicitation, until the time that the Board or County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses or otherwise takes action which ends the solicitation process. · Enforcement & Penalties: If the County Administrator is informed of any person engaged in lobbying activities who has failed to comply with this ordinance, an investigation will be conducted. If the County Administrator has determined that a violation has occurred based on the investigation, enforcement procedures as outlined in the ordinance shall apply. Frequently Asked Questions Regarding the New County Lobbying Ordinance Q. Who needs to reqister as a lobbyist? A. "Lobbyist" shall mean any Person who is employed and receives payment, or who contracts for economic consideration, for the purpose of Lobbying on behalf of a Principal. "Lobbying" shall mean seeking to influence the decision of any County Commissioner, any Advisory Board member, or any Employee with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to the Advisory Board or Board of County Commissioners as applicable. Q. Who is not required to register as a lobbyist? A. "Lobbyist" shall not include any Palm Beach County Employee when acting in the course of his or her employment, any elected local official when the official is Lobbying on behalf of the governmental agency which the official serves, or any member of the official's staff when such staff member is Lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Q. If I am an employee of a company, and am not employed primarily for the purpose of lobbying, but as part of my job on occasion lobby County Commissioners, Commissioner's staff, or County Employees, do I need to register as a lobbyist? A. Yes Q. How long is my registration valid? A. You must submit a new registration form at the start of each calendar year. In addition, you must file a new registration form each time you are retained by a new principal. Q. Where do I go to reqister as a lobbyist? A. Lobbyist registration forms should be turned into County Administration on the 11 th floor of the Governmental Center. Lobbyist registration forms are available in County Administration or at County departments. You may also contact Cathy Stewart, 355-4019, and one can be e-mailed or faxed to you. Registration forms are available on the County's website: registration forms. Q. What happens if I fail to register before engaging in lobbying activities? A. Failure to properly register as required by Section 3 of this Ordinance shall be deemed a single violation, punishable by a fine of two hundred fifty dollars ($250.00) per day for each day an unregistered Lobbyist engages in Lobbying activity, in an amount not to exceed a total of two thousand five hundred dollars ($2,500.00). Q. Who needs to sign the contact log? A. Except when appearing before the Board or any Advisory Board, all Persons shall sign, for each instance of Lobbying, contact logs maintained and available In the office of reception of each department of County government. Q. What do I need to do if I engage in lobbying activity outside of county offices? A. In the event that a Lobbyist engages in Lobbying which is outside of County offices, and which is a scheduled appointment initiated by any Person for the purpose of Lobbying, the Lobbyist shall advise the Commissioner's office or Employee's department office as appropriate of the calendar scheduling of an appointment and the subject matter of the Lobbying contact. Q. What is a "Cone of Silence?" A. "Cone of Silence" means a prohibition on any communication, except for written correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or any other competitive solicitation between any Person or Person's representative seeking an award from such competitive solicitation, and any County Commissioner or Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract. Q. When does the "Cone of Silence" begin? A. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. Q. How may I communicate to a Commissioner during the imposed "Cone of Silence?" A. By written correspondence. Q. Are there any other circumstances when I may communicate during the "Cone of Silence?" A. Oral communications at pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, contract negotiations between any Employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any County employee, public presentations made to the Board, or any written correspondence at any time with any Employee, County Commissioner, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. Q, When does the Cone of Silence End? A. The Cone of Silence shall terminate at the time the Board, or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. Q. What are the penalties for a violation of the "Cone of Silence?" A. Violations of the Cone of Silence set forth in Section 5 of this Qrdinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation. Q. Is there an appeals process for contesting violations? A. Yes, the Lobbyist shall have up to thirty days after the date of the violation notice to seek appeal of the penalty. All appeals must be made in writing to the County Administrator. Appeals of any decisions of the County Administrator shall be referred to a special master for hearing. Q. What are the penalties if I violate the provisions of this ordinance more than one time? A. Any Person who violates the provisions of this ordinance more than once during a twelve-month period shall be prohibited from Lobbying as follows: A second violation shall result in a prohibition of one year; a third violation shall result in a prohibition of two years. XI. - NEW BUSINESS CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORl\,,- Requested City Commission Date Final Form Must be: Turned Requcsted City Commission Date Final Form Must be: Turned Meetinl!- Dates in to City Clerk's Office MectiDl! Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon.) 0 Febnwy 20, 2007 February 5, 2007 (Noon) 18I January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16, 2007 January 2.2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementsIPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 18I Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: First Reading: Adopt an Ordinance amending section 2-16 of the Code of Ordinances to add a new sub-section (h) to provide for a uniform procedure for nominating and voting for the Chair and Vice-Chair of City Boards. EXPLANATION: The City Commission has determined that it is advantageous to have a uniform procedure for nominating and voting for the Chair and Vice-Chair of City Boards. The new procedure will be as follows; 1.) The Mayor, or the Chairman of the Board conducting the appointment when required by law, shall request nominations. 2.) Once all members ofthe Commission or Board have had the opportunity to nominate individuals to fill the position, the Mayor or Board Chair shall announce that nominations are closed. 3.) The Commission, or Board in such cases that the Board makes the appointment of Chair or Vice Chair, shall vote on the state of nominees with each Commissioner or Board Member indicating the name of the person they wish to be appointed. 4.) Ifa nominee receives a majority of votes on the first ballot, that nominee shaU be appointed to the position. 5.) Ifno nominee receives a majority vote on the flTst ballot, a second ballot will be conducted. Each Commissioner or Board Member will rank the nominees in Order of preference for appointment; the nominee with the highest preference ranked" 1", the nominee with the second highest preference ranked "2", and so forth. The City Clerk shall tally the vote, and the nominee with the lowest tally total will be appointed to the position. 6.) In the event of a tie on the second ballot, a third ballot will be conducted between the nominees with the two lowest tally totals. The nominee that receives a majority of votes on the third ballot shall be appointed to the position. PROGRAM IMPACT: This will create a uniform procedure for nominating and voting for the Chair and Vice Chair of all City Boards with the exception of the Code Compliance Board. FISCAL IMPACT: None AL TERNA TIVES, Not approve the ordioance and cooUnue without a unifO'ifr~. Department Head's Signature ~ Signature C/1f(/ City Attorney Assistant to City Manager y City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Name of Board Will Change result in City Commission appointing chair and vice chair. Code Enforcement Board No Building Board of Adjustment & Appeal Yes Planning and Development Board Yes Education and Youth Advisory Board Yes Cemetery Board Yes Community Redevelopment Board (CRA) Yes Library Board Yes Recreation & Parks Yes Senior Advisory (Originally Advisory Board Yes on the Elderly) Golf Course Advisory Yes Community Relations Yes Arts Commission Yes Veteran's Advisory Board Yes 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF mE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECI10N 2-16 OF THE CODE OF 5 ORDINANCES TO ADD A NEW SUB-SECTION (h) TO 6 PROVIDE FOR A UNIFORM PROCEDURE FOR 7 NOMINATING AND VOTING FOR THE CHAIR AND VICE 8 CHAIR OF CITY BOARDS; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission has determined that it is advantageous to have a 13 uniform procedure for nominating and voting for the chair and vice chair of City Boards. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 15 OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 16 17 being true and correct and are hereby made a specific part of this Ordinance upon adoption 18 hereof. Section 2. Section 2-16 of Chapter 2, "City Boards and 19 20 Commissions" is hereby amended to add a new Subsection (h) to read as 2 I follows: 22 h The Chair and Vice Chair of all City boards shall be filled using 23 the following selection procedure. unless otherwise prescribed by law: 24 1. The Mayor, or the Chairman of the Board conducting the 25 appointment when required by law, shall request nominations. 26 2. Once all members of the Commission or Board have had the 27 opportunity to nominate individuals to fill the position, the 28 Mayor or Board Chair shall announce that nominations are S:\CA\OTdinanceslcity board chair nomination and voting.doc 12/11/2006-Revised on fJTSt reading wi additional revisions on second reading closed. 2 3. The Commission, or Board in such cases that the Board makes 3 the appointment of Chair or Vice Chair, shall vote on the slate 4 of nominees with each Commissioner or Board Member 5 indicating the name ofthe person they wish to be appointed. 6 4. If a nominee receives a majority of votes on the first ballot, that 7 nominee shall be appointed to the position. 8 5. If no nominee receives a majority vote on the first ballot, a 9 second ballot will be conducted. Each Commissioner or Board 10 Member will rank the nominees in order of preference for 11 appointment; the nominee with highest preference ranked "1," 12 the nominee with second highest preference ranked "2," and so 13 forth. The City Clerk shall tally the vote, and the nominee with 14 the lowest tally total will be appointed to the position. 15 6. In the event of a tie on the second ballot, a third ballot will be 16 conducted between the nominees with the two lowest tally 17 totals. The nominee that receives a majority of votes on the third 18 ballot shall be appointed to the position. 19 Section 3. Each and every other provision of the Code of Ordinances not herein 20 specifically amended, shall remain in ful1 force and effect as originally adopted. 21 Section 4. All laws and ordinances applying to the City of Boynton Beach in 22 conflict with any provisions of this ordinance are hereby repealed. 23 Section 5. Should any section or provision of this Ordinance or any portion S:\CA\Qrdinances\city board chair nomination and voting.doc 12Illl2006-Revised on first reading wI additional revisions on second reading thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 2 affect the remainder of this Ordinance. 3 Section 6. Authority is hereby given to codify this Ordinance. 4 Section 7. This Ordinance shall become effective immediately. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this _ day of ,2007. ATTEST: City Clerk (Corporate Seal) S:\CA \Ordinanceslcity board chair nomination and voting.doc 12Illl2006-Revised on first reading wI additional ~visions on second reading CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 3. Proposed Ordinance No. 07-003 RE: Amending Section 2-16 of the Code of Ordinances to add a new sub-section (h) to provide for a uniform procedure for nominating and voting for the Chair and Vice Chair of City boards. Attorney Cherof read Proposed Ordinance No. 07-003 by title only. Mayor Taylor passed the gavel to Commissioner McKoy. Motion Mayor Taylor moved to approve Proposed Ordinance No. 07-003. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 2-2. Attorney Cherof declared the motion failed. 4. Proposed Ordinance No. 07-004 RE: Amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to November to coincide with the City election sequence. Attorney Cherof read Proposed Ordinance No. 07-004 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-004. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. D. Resolutions: None E. Other: 1. Closed-door Executive Session to discuss pending litigation in the following case: Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to January 2, 2007) Attorney Cherof announced the request for a closed-door executive session and read the caption of the case to be discussed. In attendance would be the Mayor, Commission, City Manager and City Attorney. 15 '" - = ~ e ~ "'" 'S C" ~ "'" Q. :a '" "'" ~ .c e ~ e ~ - u ;>, ... o Z .is '" '" '" 8 '" r:/J Q "0 '" ~ ~ ~ o ;:l a.8 i=Ouog~ .....8 ~ .t:l - ~ ai&g~ ~ ~;:e~~~ .c r:/J"''''Q)wQ e ~ ~ ~ ~ .s a::> '" ~="'~o.."'Q~ ~ =c;.-::: Q,E ~t) ~:=NU Q) 00'" ""'~\OQ)..d-....t:l .s~;:;;',.D ~ i$ ~ Q .E:= . t) ::::~ :2 .S 8 ~ ~ '" ;:l '" U 0Il,.D 0 oo6~::E~~~~Z '" "'" ~ .c e ~ ~ .... = "'" ~ .c e = z r-N '" ;..; II.) '" "'c;i - 6 51~ ~< ~ .s ~-=~ = "'" '" ~Or- "00- ~r- ~~--- _~oo ~ ""'- QUO; "0 "'" ~ = = .... = ~ e ~ z ~ 8 Q) U ... <B Q W"O Q) ... "0 '" o 0 Ui=O - '" s ~ Q Q) 0 :"E ~ '" Q) ~ fr ~..... .~ ~ uu '" ..... 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D February 13,2007 December 18,2006 (Noon) D March 5, 2007 January 2, 2007 (Noon) r81 March 20, 2007 January 16,2007 (Noon) D April 3, 2007 February 5, 2007 (Noon) --J n .:') --I :~-< February 20, 2007 (N~6I'\) ~ March 5, 2007 (Noon) :";',A ::-0 I March 19,2007 (Noono, --...0 (/-n -m 1'10 -,)-( Legal Unfinished Business c..:: N CO r".-....~ ;,;) -1 o ::::)= ..,., -nC' -[11 C"">::> 1""1(") ::x: NATURE OF AGENDA ITEM D D D D D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D r81 D D City Manager's Report New Business -0 =z RECOMMENDATION: Please place this request on the March 20,2007 City Commission Agenda under Legal, Ordinance-Second Reading. The City Commission on March 5,2007, approved this request under Public Hearing and Legal, Ordinance-First Reading. For additional information, please see attached staff memorandum and the draft ordinance. EXPLANATION: This item is referred to as the Proportionate Fair-Share Mitigation Program (CDRV 07-001), which amends the Land Development Regulations, Chapter 1.5, "Planning and Development Generally", by adding Article VIII, "Proportionate Fair-Share Mitigation of Transportation Impact", to allow for proportionate share contributions from developers toward traffic concurrency requirements by contributing their share of the cost of improving the impacted transportation facility. The ordinance also amends Sections 6, 8, and 9 of Article VI, "Concurrency Requirement", to establish a system to monitor level of service on local roads. In 2005, the Florida State Legislature adopted amendments to the state growth management program which directed all local governments to adopt a methodology for assessing proportionate fair-share mitigation options. The methodology contained in the proposed ordinance was subsequently developed by the Florida Department of Transportation and allows for calculation of the proportionate fair-share mitigation, which can include private funds, contributions of land, and construction and contribution of facilities. A local government may not require developers to pay more than the proportionate fair-share contribution. Moreover, the Proportionate Fair-Share Mitigation Program is only applicable if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5-year schedule of capital improvements in the capital improvements element of the Comprehensive Plan. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES. i<<"\.i.'~ 1 City Manager's Signature Assistant to City Manager ~ Devel ~ ~ ~ /L_, (' / " , . Planning an~ ' irector City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 07-001 Proportional Fairshare Mitigation\Agenda 1tem Request Proportionate fair-share mitigat.CDRV 07-001 3,20-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 07 - [)O?, 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND 5 DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY 6 REQUIREMENTS"; AMENDING SECTION 6, ENTITLED "PUBLIC 7 FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT 8 PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE"; 9 AMENDING SECTION 8, ENTITLED "ARTICLES OF 10 ADMINISTRATION"; AMENDING SECTION 9, ENTITLED 11 "PROCEDURES FOR CERTIFICATION OR CONDITIONAL 12 CERTIFICATION OF CONCURRENCY"; PROVIDING AUTHORITY 13 TO REVIEW CONCURRENCY STANDARDS; CREATING ARTICLE 14 VIII, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE 15 FAIR-SHARE MITIGATION ORDINANCE; PROVIDING FOR 16 CODIFICATION, CONFLICTS, SEVERABILITY AND PROVIDING 17 FOR AN EFFECTIVE DATE. 18 19 WHEREAS, Palm Beach County is responsible for maintaining the concurrency 20 standards on county and state roads located within the City of Boynton Beach (hereinafter 21 referred to as the "City"); and 22 WHEREAS, the City Commission deems it to be in the best interests of the citizens 23 and residents of the City for the City's administrative staff to maintain concurrency 24 standards on the City roads located within its jurisdiction; and 25 WHEREAS, the 2005 Florida State Legislature adopted amendments to the state 26 growth management program which directed local govemments to comply with a 27 requirement that "proportionate share contributions" be accepted from developers in 28 satisfaction of statewide transportation concurrency requirements; and 29 WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is required to 30 enact an ordinance to provide that the City accept proportionate share contributions from CODING: Words in stril~o through type are deletions from existing law; Words in underlined type are additions. Page 1 of 11 S:\CA\Ordinanccs\2007 (Prop Share Ordinance) ] ,19-07 doc 1 developers in order to satisfy statewide transportation concurrency requirements; and 2 WHEREAS, the City Commission deems it to be in the best interests of the health, 3 safety and welfare of the citizens and residents of the City to create Article VIII in Chapter 4 1.5 of the City's Land Development Regulations as provided herein. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 6 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 7 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and 8 confirmed as being true and correct, and are hereby incorporated herein and made a part 9 hereof. 10 Section 6 of Article VI of the City of Boynton Beach land Section 2. 11 Development Regulations, entitled "Public facilities shall be available for development 12 projects consistent with adopted levels of service", is hereby amended as follows: 13 Section. 6. Public facilities shall be available for development 14 consistent ,vith adopted levels of service 15 projects 16 17 18 19 20 21 22 23 24 25 C. For roads that are the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT), the requirements set forth in subsection (a) above shall be satisfied if the development order or permit complies with the Palm Beach County Traffic Performances Standards Ordinance. In the event that the Palm Beach County Traffic Performance Standards Ordinance is repealed, the conditions which apply shall be those which were set forth in the most recent Palm Beach County Traffic Performance Standards Ordinance which was in effect in the City, except that any levels of service for particular roadway links which are adopted in the city's comprehensive plan shall apply to those links. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 2 of 11 S :\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07 .doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 D. For a roadway facility that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT) and which is subiect to the Proportionate Fair-Share Agreement pursuant to Chapter 1.5, Article VIII of the City's Land Development Regulations. the timing of improvements set as a condition of development approval is determined by the five-year capital improvement schedule in the Capital Improvement Element of the Comprehensive Plan, or otherwise established by said Agreement. :g..,.~ In determining whether public facilities are available consistent with the requirements of this section and Section 5, the demand for such public facilities which would be created by other development orders and pern1its which are exempt, or for which certification of concurrency or conditional certification of concurrency has been issued shall be taken into account. 15 Section 3. Section 8 of Article VI of the City of Boynton Beach Land 16 Development Regulations, entitled "Articles of Administration", is hereby amended as 17 follows: 18 19 Section 8. Articles of Administration 20 21 22 23 24 25 26 27 F. The City Engineer shall review all applications for development orders and permits for compliance \vith the requirements of Section 5, for the purpose of determining whether the adopted levels of service for roadways within the City which are not the responsibility of Palm Beach County or the Florida Department of transportation would be maintained. Section 4. Section 9 of Article VI of the City of Boynton Beach Land 28 Development Regulations, entitled "Procedures for certification or conditional certification 29 of concurrency", is hereby amended as follows: 30 31 32 33 34 Section. 9 Procedures for certification or conditional certification of concurrency C. Review to determine adequacy of public facilities. CODING: Words in strike tlrrough type are deletions from existing law; Words in underlined type are additions. Page 3 of 11 s: \CA\Ordinances'2007 (Prop Share Ordinance) 1-19-07 .doc 1 2 2. Rules of general applicability. 3 4 5 d. Categories of development orders and permits for which concurrency may be certified or conditionally certified. 6 7 8 9 10 11 12 13 Roads. Certification of concurrency or conditional certification for road facilities shall be issued only for "A" category development orders and permits, as defined in Section 4. Section 5. Chapter 1.5, Article VIII of the City of Boynton Beach Land 14 Development Code, entitled "Proportionate fair-share mitigation of transportation impact", 15 is hereby created as follows: 16 Article VIII. Proportionate Fair Share Mitigation of Transportation Impact 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 1. Purpose and Intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with ~163.3180(16), F.S., as amended from time to time. Section 2. Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this division on a roadway within the City that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to Developments of Regional Impact (DRIs) using proportionate fair-share under ~ 163.3180(12), F.S., proiects exempted from this division, or for proiects that received traffic concurrency approval prior to January L 2007. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 4 of 11 S :\CA \Ordinances\2007 (Prop Share Ordinance) ] -19-07 .doc I 2 Section 3. General Requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution. so long as each of the following requirements are met: '" .) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1. The proposed development is consistent with the comprehensive plan and applicable land development regulations. 2. The road improvement necessary to maintain the LOS for transportation is identified in the five-year schedule of capital improvements in the Capital Improvement Element of the Comprehensive Plan. 3. Any improvement project proposed to meet the developer's fair-share obligation shall meet the City's design standards for locally maintained roadways. 4. Intergovernmental Coordination Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the City shall coordinate with Palm Beach County and other affected jurisdictions such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. Section 4. Application Process 1. In the event of a lack of capacity, the applicant shall have the opportunity to satisfy transportation concurrency requirements through the Proportionate Fair-Share Program subiect to the requirements of subsection (b). 2. Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with City staff. Subsequent to the pre-application meeting, eligible applicants shall submit a completed development application and all documentation requested by the City. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The City shall also have the option of notifving and inviting Palm Beach County. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 5 of 11 S:\CA\Ordinances'2007 (Prop Share Ordinance) ],] 9-07.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2n 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 3. City staff shall review the application and certify that the application is sufficient and complete within 14 working days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection (b), then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the City, unless the City determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the City may extend the deadline as deemed appropriate by the City. 4. Pursuant to &163.3180(16)(e), F.S., as amended from time to time, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement. 5. When an application is deemed sufficient and complete in accordance with subparagraph 3, above, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement prepared by the City shall be executed by the applicant and delivered to the appropriate parties for review, including a coPy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient and complete application. If the agreement is not received by the City within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the City, unless the City determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the City may extend the deadline as deemed appropriate by the City. 6. No proportionate fair-share agreement will be effective until approved by the City through an administrative approval. Section 5. Determining Proportionate Fair-Share Obligation CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 6 of 11 S :\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 CODING: 1. Proportionate fair-share mItIgation for transportation concurrency impacts may include. without limitation. separately or collectively, private funds, contributions of land, and construction and contribution of facilities. 2. A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pav more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method ofmitigation. 3. The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in Q163.3180(2), F.S.. as follows: The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved. divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost. at the time of developer pavment, of the improvement necessary to maintain the adopted LOS. Mathematically stated as: Proportionate Fair-Share E rr(Development Tripsj)/(SV Increase!)) x Costil Where: Development Trips! = Those peak hour trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the City's concurrency management system; SV Increase! = Peak hour service volume increase provided by the eligible improvement to roadway segment "i" per subsection (b); Cost! = Adiusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the vear it will be incurred. Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 7 of 11 S :\CA\Ordinances2007 (Prop Share Ordinance) j,19,07.doc """,-~"~"",-",~"",,,;,,,,,,,~,,,,,,#,;;,,'''''''>''''''''''''''_.'''''' 1 2 3 4 5 6 7 8 9 10 11 4. For the purposes of determining proportionate fair-share obligations, the City Engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur. 5. If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the City Engineer or by some other method approved bv the City Engineer. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Section 6. Impact Fee Credit for Proportionate Fair-Share Mitigation 1. Proportionate fair-share contributions shall be applied as a credit against road impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by road impact fees which may hereafter be established by the City. 2. The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed proiect. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed proi ect cannot be transferred to any other proiect. Section 7. Proportionate Fair-Share Agreements 1. Upon execution of a proportionate fair-share agreement ("Agreement"), the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to apply for a development permit within 12 months, then the Agreement shall be considered null and void, and the applicant shall be required to reapply, unless the City and the applicant mutually agree to an extension. 2. Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the Agreement, then the proportionate fair-share cost shall be recalculated at the CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 8 of 11 S :\CA \Ordinances\2007 (Prop Share Ordinance) 1-19-07 .doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 time of payment, pursuant to subsection (e) and adi listed accordinglv. 3. In the event an Agreement requires the applicant to pay or build 100 percent of one or more road improvements. all such improvements shall be commenced prior to issuance of a building permit and assured bv a binding agreement that is accompanied by a Performance Security, as determined by the City, which is sufficient to ensure the completion of all required improvements. 4. Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permi t. 5. Any requested change to a development subsequent to the issuance of a development order may be subiect to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require additional mitigation. 6. Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and anv associated advertising costs paid to the City will be non- refundable. Section 8. Appropriation of Fair-Share Revenues 1. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FDOT TRIP. or any other matching requirement for State and Federal grant programs as may be allowed by law. 2. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 9 of 11 S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc 1 2 3 4 Section 6. improvement within the City that would mitigate the impacts of development pursuant to the requirements of subsection (b). It is the intention of the City Commission of the City of Boynton 5 Beach, Florida that the provisions of this ordinance shall become and be made a part of the 6 City of Boynton Beach Land Development Regulations. The sections of this ordinance may 7 be re-numbered or re-Iettered and the word "ordinance" may be changed to "section," 8 "article," or such other appropriate word or phrase in order to accomplish such intentions. 9 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of 10 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such 11 conflict. 12 Section 8. If any clause, section, or other part or application of this Ordinance shall 13 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 14 unconstitutional or invalid part or application shall be considered as eliminated and so not 15 affecting the validity of the remaining portions or applications remaining in full force and 16 effect. 17 Section 9. 18 and adoption. CODING: This Ordinance shall become effective immediately upon its passage Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 10 of 11 S :\CA \Ordinances\2007 (Prop Share Ordinance) 1-19,07.doc 2 FIRST READING, this 5" day of March, 2007. SECOND, FINAL READING AND PASSAGE, this ,2007. day of 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Mack McCray 18 19 20 Commissioner - Carl McKoy 21 22 23 ATTEST: 24 25 26 27 Janet Prainito, City Clerk 28 29 30 31 (CORPORATE SEAL) 32 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 11 of 11 S:\CA\Ordinances\2007 (Prop Share Ordinance) 1-19-07.doc /~" rY' -'( ~ I J ~ ~~ C\ DEPARTMENT OF DEVELOPMENT Planning & Zoning Division Memorandum No. PZ 07- 004 TO: FROM: Chair and Members Planning and Development Board Community Redevelopment Agency Board and Mayor and City Commission Hanna Matr~ Economic Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 17/ 2007 SUBJECT: Proportionate Fair-Share Mitigation Program Concurrency was established as the backbone to the Florida's growth management system. The purpose of concurrency management is to ensure that the necessary public facilities and services are available concurrent with the impacts of development. Transportation concurrency is based on the level of service standards for roadway facilities, which are defined in the City's Comprehensive Plan. The level of service standards in the Comprehensive Plan apply to all roadways within the City limits. However, it is Palm Beach County that has countywide responsibility for transportation concurrency management through its Charter. This concurrency management system is defined by the County's Traffic Performance Standards Ordinance. The ordinance does not apply to "local" roads - roads within the City that are not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT). Currently, there is no system in place to monitor level of service on local roads. The 2005 amendments to the Florida's growth management legislation directed local governments to enact concurrency management ordinances that allow for "proportionate share" contributions from developers toward concurrency requirements. The intent of the proportionate fair-share option is to provide applicants for development an opportunity to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their share of the cost of improving the impacted transportation facility. The deadline for enactment of the ordinance was December 1, 2006. At the beginning of 2006 the City contacted the Florida Department of Community Affairs (DCA) with the request for review of the need for a proportionate fair-share mitigation program for municipal governments operating under the Palm Beach County's Traffic Performance Standards Ordinance. Initially, both City and County staff considered the municipal- level ordinance unnecessary; however, DCA disagreed and it was not until November 2006 that the State confirmed its position that the City is subject to the program as required by 9163.3180(16), F.S.. The enactment of the proportionate fair-share program for the City requires establishment of the transportation concurrency review for local roadway facilities. Therefore, the relevant sections of the City's concurrency ordinance need to be amended to include local road concurrency review. The City's proportionate fair-share program will apply only to these facilities; roadways which are under the jurisdiction of Palm Beach County or FDOT will operate under a similar program enacted by the County. The draft ordinance is based on the template developed for DCA by the Florida Department of Transportation. ,_.-.-.-_....."'".~.,~""""~~""...........""""_,:,"""'_""l"',""<~",o""",.,' PROPOSED ORDINANCE NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1.5, ARTICLE VI OF THE CITY'S LAND DEVELOPMENT REGULATIONS, ENTITLED "CONCURRENCY REQUIREMENTS"; SPECIFICALLY AMENDING SECTION 6, ENTITLED "PUBLIC FACILITIES SHALL BE AVAILABLE FOR DEVELOPMENT PROJECTS CONSISTENT WITH ADOPTED LEVELS OF SERVICE"; SPECIFICALLY AMENDING SECTION 8, ENTITLED "ARTICLES OF ADMINISTRATION"; SPECIFICALLY AMENDING SECTION 9, ENTITLED "PROCEDURES FOR CERTIFICATION OR CONDITIONAL CERTIFICATION OF CONCURRENCY"; PROVIDING CITY ADMINISTRATION WITH THE AUTHORITY TO REVIEW CONCURRENCY STANDARDS OF LOCAL CITY ROADS; CREATING CHAPTER 1.5, ARTICLE VIII, TO BE ENTITLED "PROPORTIONATE FAIR-SHARE MITIGATION OF TRANSPORTATION IMPACT"; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF SECTION 163.3180, FLORIDA STATUTES, AS AMENDED FROM TIME TO TIME, TO. PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE FAIR-SHARE MITIGATION ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County is responsible for maintaining the concurrency standards on county and state roads located within the City of Boynton Beach (hereinafter referred to as the "City"); and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City for the City's administrative staff to maintain concurrency standards on the City roads located within its jurisdiction; and CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 1 of 14 SSG/JGH 10-21-06 G:\PropShare\Boynton Beach propshare ordinance draft FINAL Jan 18.doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. WHEREAS, the 2005 Florida State Legislature adopted amendments to the state growth management program which directed local governments to comply with a requirement that "proportionate share contributions" be accepted from developers in satisfaction of statewide transportation concurrency requirements; and WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City is required to enact an ordinance to provide that the City accept proportionate share contributions from developers in order to satisfy statewide transportation concurrency requirements; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety and welfare of the citizens and residents of the City to create Article VIII in Chapter 1.5 of the City's Land Development Regulations as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. CODING: Words in strike 1:I.xough type are deletions from existing law; Words in underlined type are additions. Page 2 of 14 JGH 12-28-06 G :\PropShare\Copy. doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. Section 2. Section 6 of Article VI of the City of Boynton Beach land Development Regulations, entitled "Public facilities shall be available for development projects consistent with adopted levels of service", is hereby amended as follows: Section. 6. Public facilities shall be available for development projects consistent with adopted levels of service C. For roads that are the responsibility of Palm Beach County or the Florida Department of Transportation (FOOT), the requirements set forth in subsection (a) above shall be satisfied if the development order or permit complies with the Palm Beach County Traffic Performances Standards Ordinance. In the event that the Palm Beach County Traffic Performance Standards Ordinance is repealed, the conditions which apply shall be those which were set forth in the most recent Palm Beach County Traffic Performance Standards Ordinance which was in effect in the City, except that any levels of service for particular roadway links which are adopted in the city's comprehensive plan shall apply to those links. D. For a roadway facility that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FOOT) and which is subiect to the Proportionate Fair-Share Aoreement pursuant to Chapter 1.5. Article VIII of the City's Land Development Reoulations. the timino of improvements set as a condition of development approval is determined by the five-year capital improvement schedule in the Capital Improvement Element of the Comprehensive Plan. or otherwise established by said Aoreement. -l*~ In determining whether public facilities are available consistent with the requirements of this section and Section 5, the demand for such public facilities which would be created by other CODING: Words in strike 1:lH-ough type are deletions from existing law; Words in underlined type are additions. Page 3 of 14 JGH 12-28-06 G :\PropShare\Copy .doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. development orders and permits which are exempt, or for which certification of concurrency or conditional certification of concurrency has been issued shall be taken into account. Section 3. Section 8 of Article VI of the City of Boynton Beach Land Development Regulations, entitled "Articles of Administration", is hereby amended as follows: Section 8. Articles of Administration F. The City Enqineer shall review all applications for development orders and permits for compliance with the requirements of Section 5. for the purpose of determinino whether the adopted levels of service for roadways within the City which are not the responsibility of Palm Beach County or the Florida Department of transportation would be maintained. Section 4. Section 9 of Article VI of the City of Boynton Beach Land Development Regulations, entitled "Procedures for certification or conditional certification of concurrency", is hereby amended as follows: Section. 9 Procedures for certification or conditional certification of concurrency C. Review to determine adequacy of public facilities. 2. Rules of general applicability. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 4 of 14 JGH 12-28-06 G:\PropShare\Copy.doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. d. Categories of development orders and permits for which concurrency may be certified or conditionally certified. Roads. Certification of concurrency or conditional certification for road facilities shall be issued only for "A" cateoory development orders and penn its, as defined in Section 4. Section 5. Chapter 1.5, Article VIII of the City of Boynton Beach Land Development Code, entitled "Proportionate fair-share mitigation of transportation impact", is hereby created as follows: Article VIII. Proportionate Fair Share MitiGation of Transportation Impact Section 1. Purpose and Intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitiqated by the cooperative efforts of the public and private sectors. to be known as the Proportionate Fair-Share Proqram, as required by and in a manner consistent with ~163.3180(16). F.S., as amended from time to time. Section 2. Applicability. The Proportionate Fair-Share ProGram shall apply to all developments that fail to meet the standards of this division on a roadway within the City that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FOOT). The Proportionate Fair-Share Proqram does not apply to Developments of Reoional Impact (ORis) usinG proportionate fair-share under ~163.3180(12). F.S.. proiects exempted from this division, or for proiects that received traffic concurrency approval prior to CODING: W oreis in strike tIrrough type are deletions from existing law; W oreis in underlined type are additions. Page 5 of 14 JGH 12-28-06 G :\PropShare\Copy .doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. January 1.2007. Section 3. General Requirements. An applicant may choose to satisfy the transportation concurrency requirements by makinq a proportionate fair-share contribution, so lonq as each of the followinq requirements are met: 1. The proposed development is consistent with the comprehensive plan and applicable land development requlations. 2. The road improvement necessary to maintain the LOS for transportation is identified in the five-year schedule of capital improvements in the Capital I mprovement Element of the Comprehensive Plan. 3. Any improvement proiect proposed to meet the developer's fair-share obliqation shall meet the City's desiqn standards for locally maintained roadways. 4. Interqovemmental Coordination. Pursuant to policies in the Interqovernmental Coordination Element of the Comprehensive Plan, the City shall coordinate with Palm Beach County and other affected iurisdictions such as FDOT, reqardinq mitiqation to impacted facilities not under the jurisdiction of the local qovernment receivinq the application for proportionate fair-share mitiqation. Section 4. Application Process 1. In the event of a lack of capacity. the applicant shall have the opportunity to satisfy transportation concurrency requirements throuqh the Proportionate Fair-Share Proqram subject to the requirements of subsection (b). CODING: Words in strike tlxoueh type are deletions from existing law; Words in underlined type are additions. Page 6 of 14 JGH 12-28-06 G :\PropShareICopy .doc CODING: JGH 12-28-06 G :\PropShare\Copy .doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. 2. Prior to the submittal of an application, eliqible applicants shall schedule a pre-application meetinq with City staff. Subsequent to the pre-application meetina, eliaible applicants shall submit a completed development application and all documentation reauested by the City. If the impacted facility is on the Strateaic Intermodal System (SIS). then FOOT will be notified and invited to participate in the pre-application meetina. The City shall also have the option of notifvina and invitinq Palm Beach County. 3. City staff shall review the application and certify that the application is sufficient and complete within 14 workinq days. If an application is determined to be insufficient. incomplete or inconsistent with the aeneral reauirements of the Proportionate Fair-Share Proqram as indicated in subsection (b), then the applicant will be notified in writinq of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the City. unless the City determines that the applicant is workina toward a remedy of the stated deficiencies in Qood faith, in which case the City may extend the deadline as deemed appropriate by the City. 4. Pursuant to ~163.3180(16)(e), F.S., as amended from time to time, proposed proportionate fair-share mitiqation for development impacts to facilities on the SIS requires the concurrency of the FOOT. The applicant shall submit evidence of an aareement between the applicant and the FOOT for inclusion in the proportionate fair-share aqreement. 5. When an application is deemed sufficient and complete in accordance with subparaaraph 3. above. Words in strike tlH-ough type are deletions from existing law; Words in underlined type are additions. Page 7 of 14 PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. the applicant shall be advised in writinq and a proposed proportionate fair-share obliqation and bindinq aqreement prepared bv the City shall be executed bv the applicant and delivered to the appropriate parties for review. includinq a copy to the FDOT for any proposed proportionate fair-share mitiqation on a SIS facilitv. no later than 60 days from the date at which the applicant received the notification of a sufficient and complete application. If the aqreement is not received bv the City within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the City. unless the City determines that the applicant is workinq toward a remedy of the stated deficiencies in qood faith. in which case the City may extend the deadline as deemed appropriate bv the City. 6. No proportionate fair-share aqreement will be effective until approved bv the City throuqh an administrative approval. Section 5. Determininq Obliqation Proportionate Fair-Share 1. Proportionate fair-share mitiqation for transportation concurrency impacts may include. without limitation, separatelv or collectivelv. private funds. contributions of land. and construction and contribution of facilities. 2. A development eliqible for participation under the Proportionate Fair-Share Proqram shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitiqation for the impacted facilities shall not differ reqardless of the method of mitiqation. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 8 of 14 JGH 12-28-06 G:\PropShare\Copy.doc CODING: JGH 12-28-06 G :\PropShare\Copy .doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. 3. The methodoloqV used to calculate a development's proportionate fair-share obliqation shall be as provided for in &163.3180(12), F.S.. as follows: The cumulative number of trips from the proposed development expected to reach roadways durino peak hours from the complete build out of a staoe or phase beino approved. divided bv the chanoe in the peak hour maximum service volume (MSV) of roadways resultino from construction of an improvement necessary to maintain the adopted LOS, multiplied bv the construction cost. at the time of developer payment. of the improvement necessary to maintain the adopted LOS. Mathematicallv stated as: Proportionate Fair-Share = L H(Development Tripsj)/(SV Increasej)l x Costil Where: Development Tripsj = Those peak hour trips from the staae or phase of development under review that are assioned to roadway seoment "i" and have triooered a deficiency per the City's concurrency manaoement system: SV Increasei = Peak hour service volume increase provided bv the elioible improvement to roadway seoment "i" per subsection (b); Costj = Adiusted cost of the improvement to seament "i". Cost shall include all improvements and associated costs. such as desion, rioht-of-wav acouisition, plannino, enaineerino review. inspection. administration, and phvsical development costs directlv associated with construction at the anticipated cost. includino continoencies, in the year it will be incurred. Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 9 of 14 PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. 4. For the purposes of determininq proportionate fair-share obliqations. the City Enqineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement in the year that construction will occur. 5. If an improvement is proposed by the applicant. then the value of the improvement shall be based on an enqineer's certified cost estimate provided by the applicant and approved by the City Enqineer or by some other method approved by the City Enqineer. Section 6. Mitiqation Impact Fee Credit for Proportionate Fair-Share 1. Proportionate fair-share contributions shall be applied as a credit aqainst road impact fees to the extent that all or a portion of the proportionate fair- share mitiqation is used to address the same capital infrastructure improvements contemplated by road impact fees which may hereafter be established by the City. 2. The proportionate fair-share obliqation is intended to mitiqate the transportation impacts of a proposed proiect. As a result. any road impact fee credit based upon proportionate fair-share contributions for a proposed proiect cannot be transferred to any other project. Section 7. Proportionate Fair-Share Aqreements 1. Upon execution of a proportionate fair-share aqreement ("Aqreement"), the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the applicant fail to CODING: W oreis in strike through type are deletions from existing law; W oreis in underlined type are additions. Page 10 of 14 JGH 12-28-06 G:\PropShare\Copy.doc CODING: JGH 12-28-06 G :\PropShare\Copy .doc PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. applv for a development permit within 12 months. then the Aqreement shall be considered null and void. and the applicant shall be reauired to reapplv. unless the City and the applicant mutuallv aaree to an extension. 2. Payment of the proDortionate fair-share contribution is due in full no later than issuance of the first buildinq permit. and shall be non- refundable. If the payment is submitted more than 90 days from the date of execution of the Aqreement. then the proportionate fair-share cost shall be recalculated at the time of payment. pursuant to subsection (e) and adjusted accordinqlv. 3. In the event an Aqreement reauires the applicant to pavor build 100 percent of one or more road improvements. all such improvements shall be commenced prior to issuance of a buildina permit and assured bv a bindinq aareement that is accompanied bv a Performance Security. as determined bv the City. which is sufficient to ensure the completion of all required improvements. 4. Dedication of necessary riqhts-of-wav for facilitv improvements pursuant to a proportionate fair-share aqreement shall be completed prior to issuance of the first buildinq permit. 5. Anv reauested chanae to a development subsequent to the issuance of a development order may be subiect to additional proportionate fair-share contributions to the extent the chanqe would qenerate additional traffic that would reauire additional mitiqation. Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 11 of 14 PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. 6. Applicants may submit a letter to withdraw from the proportionate fair-share aqreement at any time prior to the execution of the aqreement. The application fee and any associated advertisinq costs paid to the City will be non-refundable. Section 8. Appropriation of Fair-Share Revenues 1 . Proportionate fair-share revenues shall be placed in the appropriate proiect account for fundinq of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share aqreement. Proportionate fair-share revenues may be used as the 50 percent local match for fundinq under the FDOT TRIP, or any other matchinq requirement for State and Federal qrant proqrams as may be allowed by law. 2. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within the City that would mitiqate the impacts of development pursuant to the requirements of subsection (b). Section 6. It is the intention of the City Commission of the City of Boynton Beach, Florida that the provisions of this ordinance shall become and be made a part of the City of Boynton Beach Land Development Regulations. The sections of this ordinance may be re-numbered or re-Iettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. CODING: Words in strike trrrough type are deletions from existing law; Words in underlined type are additions. Page 12 of 14 JGH 12-28-06 G:\PropShare\Copy.doc "''''";O<'o''''''''';;V",,,,,,",,,,.,,;.;,,.,.''''';'''''''''~'''''i''~''",_i~'''''1$........"....,,'-._ PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 8. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 9. This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING, this _ day of January, 2007. SECOND, FINAL READING AND PASSAGE, this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 13 of 14 JGH 12-28-06 G:\PropShare\Copy.doc ATTEST: PROPOSED ORDINANCE NO. 2006-_ ORDINANCE NO. Commissioner City Clerk Commissioner (CORPORATE SEAL) CODING: JGH 12-28-06 G:\PropShare\Copy.doc Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 14 of 14 ~\-r: :?" f.... ,'. ',,- ,. - ~ ! ,'. l I "- \,1.,.. (0, Y- e\, ,/ U J->,_ .', .,.,''"/'it " -, ~ ':) ~ ~1 XII. - LEGAL ITEM E.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) [gj March 20, 2007 March 5, 2007 (Noon) D February 13, 2007 January 22, 2007 D April 3,2007 March 19, 2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Un[mished Business D Public Hearing D RECOMMENDATION: Consider whether the City should retain Mark Raymond of Holland & Knight as the City's Bond Counselor retain a new attorney with the law fIrm Moyle, Flanigan, Katz, Raymond, White & Krasker as the City's Bond Counsel and authorize the City Manager to sign a letter indicating the City Commission's decision. EXPLANATION: Mark Raymond, through the fIrm of Moyle, Flanigan, et a1., has represented the City of Boynton Beach as the City's Bond Counsel since January, 1990. Recently, Mark Raymond left Moyle, Flanigan and has joined the law fIrm of Holland & Knight, LLP, located at 222 Lake Avenue, West Palm Beach. Through a letter dated February 28, 2007, and addressed to the City Manager, the law firm of Moyle, Flanigan has requested the City indicate whether it wishes to transfer its fIles to Holland & Knight so that Mark Raymond can continue to work on the City's Bond matters; or keep the City's fIles and representation at Moyle, Flanigan. PROGRAM IMP ACT: None FISCAL IMPACT: N/A ALTERNATIVES: Not authorize the City Manager to sign the letter from Moyle Flanigan and retain new Bond Counse1. City Manager Department Name '~, Department Head's Signature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC MOYLE, FLANIGAN, KATZ, RAYMOND, WHITE & KRASKER, P.A. ATTORNEYS AT LAW Office Address: 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 3340]-4025 Telephone: (56]) 659-7500 Facsimile: (561) 659-1789 February 28,2007 Kurt Bressner City Manager City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Dear Mr Bressner: Mark E. Raymond has been responsible for the provision of bond counsel services to the City of Boynton Beach, F]orida("BB") by Moyle, Flanigan, Katz, Raymond, White & Krasker, P.A, Effective March 1, 2007, Mr Raymond has elected to depart from this firm to join the firm of Holland & Knight LLP, Consistent with Florida Bar Rules of Professional Conduct, we are writing you to request your instructions in dealing with the representation and files of BB for which Mr. Raymond has been responsible, lfyou wish to have the files and matters transferred to Holland & Knight, where Mr Raymond will continue to represent BB with respect to the matters related thereto, please sign on the appropriate line below, and the files and representation will be transferred to Holland & Knight, and this Firm will have no further responsibility for the files. If you wish Moyle, Flanigan, Katz, Raymond, White & Krasker, PA to continue to represent BB as bond counsel, please sign on the appropriate line below and a partner of this finn will contact you, Sincerely, ;?)7f Mark E. Raymond Wilton White _ Transfer the files and representation to Holland & Knight LLP, _ Keep the files and representation at Moyle, Flanigan, et a] City of Boynton Beach, Florida By: Name: Kurt Bressner Title: City Manager Date: _,2007 Page 1 of 1 Mummert, Bill ~.~.".,.YO_.____~...__,.._..,_~_~._,..,.",,_~__~.__,_,-_.~---,-,--~----^_..__._._._--" From: mark.raymond@hklaw.com Sent: Thursday, March 01, 2007 10:59 AM Good morning. As of today I have joined Holland & Knight. Here is my new contact info. Holland + Knight Mark E. Raymond Senior Counsel Holland & Knight LLP 222 Lakeview Avenue Suite 1000 West Palm Beach, FL 33401 Main 561.833.2000 Direct 561.650.8349 Fax 561.650.8399 Email mark.raymond@hklaw.com www.hklaw.com NOTICE: This e-mail is from a law firm, Holiand & Knight LLP ("H&K"), and is intended solely for the use of tile individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counselor retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. 3/7 /2007