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Agenda 09-04-07 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA SEPTEMBER 4, 2007 Jerry Taylor Mayor - At Large Carl McKoy Commissioner - District IV z ---~- DISTRI T I Ron Weiland Commissioner - District I --+ I ) Jose Rodriguez Vice Mayor Mack McCray Commissioner - District II ____OUJ VH Kurt Bressner City Manager James Cherof City Attorney i i I II l~__ ____ __ Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. · Public Hearings: Any citizen may sDeak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA September 4, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 1. First Budget Public Hearing for Fiscal Year 2007/08 Budget 2. Proposed Resolution No. R07-100 Millage Rate for Fiscal Year 2007/08 Re: Adopting the Proposed 3. Proposed Resolution No. R07-101 Budget for Fiscal Year 2007/08 Re: Adopting the Tentative II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. None 1 Agenda Regular City Commission Boynton Beach, FL September 4, 2007 2. Presentation of a Certificate of Appreciation to the City of Boynton Beach in appreciation for outstanding support of D Company 2-327 of the 101 st Airborne and selfless service and devotion to the soldiers and their families. 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> v. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date IV McKoy Arts Commissio:l Alt 9 mo term to 12/07 Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (3) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) I Weiland Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Community Relations Board Alt 9 mo term to 12/07 II McCray Community Relations Board Alt 9 mo term to 12/07 I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (3) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (3) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (3) II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (3) II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) 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. 2 Agenda Regular City Commission Boynton Beach, FL September 4, 2007 A. Minutes 1. Regular City Commission - August 21, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Authorizing the restoration of two sections of 8" sewer mains on Quantum Boulevard by utilizing the Polk County Board of County Commissioners' Bid No. 06-133 which was awarded to Killebrew, Inc. of Lakeland, Florida. The anticipated cost for this repair is $218,314.68. C. Resolutions 1. Proposed Resolution No. R07-102 Re: Authorizing the City Manager and City Clerk to execute an agreement between the City and Tuscany Bay Homeowners' Association, Inc. to share the purchase cost and use of an emergency diesel-powered pump at a City Lift Station #927 2. Proposed Resolution No. R07-103 Re: Authorizing and directing the City Manager and City Clerk to execute a First Amendment to the Interlocal agreement with Palm Beach County for the purchase and sale of bul'< potable water D. Authorize the Financial Services Department to reduce the Allowance for Uncollectible Accounts by $34,918.02 in the Sanitation Fund and by $24,011.03 in the General Fund. 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. 3 Agenda Regular City Commission Boynton Beach, FL September 4, 2007 A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owners: Location: Description: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to August 21, 2007) Casa del Mar (SPTE 07-009) Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard and Miskel LLP Ocean Boulevard Properties, LLD 2632 North Federal Highway, east of US #1, north of Dimick Road Request for a one (1) year site plan time extension for the Casa del Mar project, consisting of 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD) IX. CITY MANAGER'S REPORT: A. Approve Capital Improvement Plan for FY 2007/08 X. FUTURE AGENDA ITEMS: A. Discussion of Resolution No. 03-164 (Tabled on 08/07/07) B. Discussion of disposition of Old High School (Tabled on 08/21/07) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-022 Re: Amending Section 18- 135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. 2. Proposed Ordinance No. 07-023 Re: Amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater and capital facilities charges. 4 Agenda Regular City Commission Boynton Beach, FL September 4, 2007 B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-024 Re: Amending the Land Development Regulations, Chapter 2. Zoning, by the addition of a new section with provisions and regulations for mobile vendors including definitions, location restrictions, review and approval procedures and requirements, and operational rules. 2. Proposed Ordinance No. 07-025 Re: Amending the Land Development Regulations, Part III. Chapter 2. Zoning, Section 4.B, by the addition of provisions and regulations for "Open-air pavilions" that will include pavilions, gazehos and tiki/chickee huts, and corresponding setbacks and size criteria 3. Proposed Ordinance No. 07-026 Re: Amending Article 1 of Chapter 2, Section 2-13.2 relating to the Community Redevelopment Agency (CRA) to provide that the City Commission shall be the governing body of the CRA and the Mayor and Vice Mayor the CRA Chairperson and Vice-Chairperson D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Motion to Reconsider the recp.ipt of revIsions to the Recreation & Parks Department Revenue Policy Manual regarding fees and charges and accounting for all revenue and provide an effective date of October 1, 2007 (TABLED ON 08/21/07) B. Discussion regarding Code of Conduct/Ethics 5 Agenda Regular City Commission Boynton Beach, FL September 4, 2007 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) rHE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA - 8/31/2007 4 P.M. s: \ CC\ WP\ CCAGENDA \AGENDAS\ YEAR 2007\ 090407 .DOC 6 I-OPENINGS ITEM .'. CITY OF BOYNTON BEA(;D 2 0:0,7/2 OJ 0.' 8 PROPOSE.D BUDGET 1 st Public Hearing September 4, 2007 The City of Boynton Beach OFFICE OF THE CITY i\iA,NAGER 100 E. Boynton Beach Bouleuard Fo. Box 31 BoyrHoll Beach, Flonda 33425-031 Crty I\fallageTs OffIce (561) 742-601 FAX: (561) 742-6011 e-mail: crty iHallagerri]o. bOYlltoll-beaciLfl us UJLLn.u. C1. boyntoll-beach.,n. us To From: Date: Subject: City CommIssion Kurt Bressner, City Manager July 5, 2007 Presentation of City Operating Budget for Fiscal 2007-08 and Financial Operating Plan for Fiscal 2008-2012 I am pleased to transmit the proposed Operating Budget for Fiscal 2007 -08 and a Financial Operating Plan for Fiscal 2008-2012. The Five-Year Capital Improvement Program will be presented to the Commission next month. This year, the City's budget process has been modified by the impact of property tax refonn legislation approved in special session last month. Because of these recent changes and the possibility of further changes after a constitutional amendment in January 2008, our future projections of revenues are tentative at best. This makes planning programs, services and activities very difficult to manage. Later in this report is more detailed information on the projected impact of the approved legislation and the January 2008 referendum, if passed. Exclusive of construction proj ects, the total proposed operating budget of the City for 2007 -08 is increased by 1.5% over the current fiscal year budget. Given payroll and benefit obligations in the range of 1 0% (larger due to pension cost increases), supply cost increases averaging 5% and contract services price increases averaging 5%, this is a moderate budget. As discussed in each fund budget below, the proposed budget also includes a net reduction of 21.14 positions city \vide. ~ GENERAL FUND Special Events City Clerk Financial Services Org. Development City Attorney CITY OF BOYNTON BEACH PERSONNEL ADDITIONS/DELETIONS 2007/08 BUDGET Position ReQuested No. Amount P rooosed No. Amount Status Public Affairs Speciailst \/a::2:1t ::100i 146.631) 1 00 46.63~ Office Assista nt Fillec -5 .2::768. Accounting Technician '.Ja:ant ,'050: .2::.-56, Director. Org Development 'y'a:anl (1 001 (84.830) ',00. '84.830 Admlnis IratlveAssoclate Fi!ied (050'1 (16.945) 10.50) '6.945 ReQuested P rooosed ~ Position Status No. Amount No, ~ GENERAL FUND (Cont/nued) Police Police Officers Vacant (300) (161.256) Police Record Technician Vacant (100) (38,902) Fire Administrative Associate New 100 42.199 100 42.199 Firefighters Vacant (500) (452,155) Building Building Field Inspector Vacant (100) (59.327) Planning & Zoning Senior Planner Vacant (100) (66.507) Engineering Engineer Vacant (1.00) (74.697) Plan Review Analyst ") Filled (100) 0 (100) 0 Recreation Aquatics Supervisor (Pool) New 1.00 46.359 1.00 46.359 Lifeguard. Sr, (Pool) New 0.30 11,083 0.30 11,083 Lifeguards (Pool) New 2.40 77,960 2.40 77,960 Recreation Leader (Pool) New 0,84 21,046 0.84 21,046 Recreation Leader Vacant (1.00) (31,434) (100) (31,434) Recreation Specialist Vacant 1.00 34.073 1.00 34,073 Tennis Professional Filled (1,00) (75.965 ) Recreation Manager Filled (100) (80.336) Net Additions/Deletions .. General Fund 2,04 52,880 (13.21) (997.789) UTILITIES FUND Public Water Treatment Painter Vacant (1.00) (36,776) (1,00) (36.776) Utilities Administration Plan Review Analyst ,') Filied 0,00 (67,633) 000 (67,633 ) Stormwater Maintenance Ass!. Supervisor. Stormwater Vacant (1.00) (57,562) (1.00) (57.562) Net Additions/Deletions .. Utilities Fund (2,00) (161.971) (2,00) (161,971) MASS TRANSIT FUND Mass Transit Supervisor, Transportation Services Filled (1.00) (63,253) Bus Drivers Filled (3.48) (1,23) (38,568) (4,93) (175.271 ) Vacant (145) Net Additions/Deletions .. Mass Transit Fund (1.23) (38,568) (5,93) (238.524 ) NET ADDITIONS/DELETIONS .. ALL FUNDS (119) (147,659) (21.14) (1,398,284 ) (-,. Position authorized in General Fund (Engineering) As noted above, of the 21.14 positions, 3 part-time and 7 full-time current employees would be cut. All the other cuts are vacant positions. Arrangements will be made to seek alternative employment at the City, if feasible or outplacement assistance. The proposed budget calls for a property tax rate decrease from 7.14 mills, inclusive of debt service, to 6.4803, inclusive of debt service. The proposed budget reflects the statutory roll-back rate of 6.4553 mills, which is the 2006-07 roll-back rate (6.9412) less the mandated 7% reduction for compounded annual growth. Commission may adopt the 2006-07 roll-back rate of 6.9412 by a 2/3rds vote or retain the current 2006-07 millage rate of 7.10 by a unanimous vote. 2006.07 FINAL RATE 2007-08 PROPOSED General Fund (Operating Millage) Debt Service Fund (Voted Debt Service) Total Millage % Reduction 7.1000 0.0400 L.llQQ 6.4553 0.0250 ~ 9.03% ii A___~"":__'_ '-'_.t.___ ___,4._ ..:.1_ _. ~_ 1L'_"'-H__"__ The proposed budget does call for water and sewer rate increases as recommended to the Commission in May 2007. The exact structure of the rates is being refined and will be presented to the Citv Commission on Julv 17. 2007. In addition. the City's Solid Waste (Sanitation) Fund -' ~.. .' .'.,1 includes a $.50 increase in both the single family rate and the multi-family rate, increasing those rates for 2007-08 to $12.00 and $9.00, respectively. This is the second year ofa three-year rate increase adopted by the Cay CommlsslOn on September 9.2006 as part of City Ordinance 1\0, U6-0r Dwelling 2005/06 2006/07 2007/08 2008/09 Single Familv Rates 10.50 11,50 12.00 12,50 Multi-Family Rates 7.50 8,50 9.00 9,50 The Budget Portion ofthis document is the statutory spending plan that the City Commission must approve following review and revision, as appropriate. The Financial Plan portion of the document is an advisory financial snapshot into the future designed to give the Commission and staff a longer- range perspective and to assist in fiscal and program planning. General Fund Budget The General Fund is the major operations fund of the City including Police, Fire and Public Works functions. Pursuant to Commission policy of retaining 10% of General Fund operating expenditures as a reserve, the 2007-08 proposed budget as presented has a deficit of S 1,176,304. The General Fund is projected to end this fiscal year with estimated revenues above budgeted totals by approximately $500,000. The estimated expenditures for the 2006-07 fiscal year are projected to be $1,400,000 under the budgeted amounts. A supplemental report has been prepared to address final balancing recommendations for the General Fund. The beginning 2007-08 fund balance in the General Fund will remain above the City's financial reserve policy of 10% of operating expenses. This amount is projected to be $7,539,067. This is in addition to an unreserved or un-obligated balance of$17,513,170 for a total of$25,052,777. This reflects almost 4 months of expenditures at 2007-08 cost levels. GENERAL FUND 2005-06 2006-07 2006-07 2007-08 Actual Budget Estimated Budget Totai Fund Balance, October 1 S 21.039,554 $ 25,627,244 $ 25,627.244 $ 25.052,777 Revenues S 63.731,138 S 72,340,414 $ 72,848,987 S 74,219,770 Expenditures S (59,143,448) $ (74,840,414) $ (73,423,454) S (75.396,074) Fund Balance Appropriated (Reserved) S 2,500,000 Revenues Over)Under Expenditures $ 4.587,690 $ - $ (574,467) $ (1176,304) Total Fund Balance, September 30 $ 25,627244 $ 23,127,244 $ 25,052,777 S 23,876,473 Reserved Fund Balance (10% of Expenditures) $ (7,307,241 ) $ (7,484,041) $ (7,539,607) $ (7.539,607) IJnreserved Fund Balance $ 18,320.003 $ 15,643,203 $ 17,513,170 $ 16.336,866 # of month operating 3.80 This year the assessed value of the City has increased $588,846,824 or 10.62% primarily due to new construction, which totaled $329,332,390. This is based on the revised data received from the Palm Beach County Property Appraiser on July 1, 2007. Last year the increase was 32.50%. Fiscal Year 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 2001/02 2000/01 1999/00 1998/99 1997/98 CITY OF BOYNTON BEACH Gross Taxable Values Preliminary 6,134,767,687 5,597,854.355 4,235,123,363 3,617,231,257 3,235,600,878 2,901,352,510 2,728,670,323 2,558,831,045 2,4 74,885,724 2,338,011,460 2,239,259,220 Final 5,545,920,863 4,224,788,391 3,624,802,463 3,232,006,782 2,896,293,585 2,735,580,400 2,544,999,347 2,450,623,128 2,347,168,739 2,245,940,786 $ Increase 588,846,824 1,373,065,964 610,320,900 392,795,681 335,713,197 160,713,185 190,581,053 94,376,219 103,454,389 101,227,953 % Increase 10.62% 32.50% 16.84% 12.15% 11.59% 5.87% 7.49% 3.85% 4.41% 4.51% Property within the established boundaries of the CRA is included in the above total and has an assessed taxable value of$999,469,896 for 2007-08, an increase of 18.90%. Fiscal Year 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 2001/02 2000/01 1999/00 1998/99 1997/98 CRA Portion 999,469,896 840,631,478 536,930,268 339,615,465 220,845,156 115,738,078 80,499,562 25,929,184 22,160,594 18,642,631 15,951,778 $ Increase 158,838,418 303,701,210 197,314,803 118,770,309 105,107,078 35,238,516 54,570,378 3,768,590 3,517,963 2,690,853 % Increase 18.90% 56.56% 58.10% 53.78% 90.81% 43.77% 210.46% 17.01% 18.87% 16.87% Taking into account the City outside the eRA area, the growth of the City's assessed taxable value for 2007-08 is 7.95%. Fiscal Year 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 2001/02 2000/01 1999/00 1 998/99 1997/98 City Portion 5,135,297,791 4,757,222,877 3,687,858,123 3,285,186,998 3,011,161,626 2,780,555,507 2,655,080,838 2,519,070,163 2,428,462,534 2,328,526,108 2,229.989,008 $ Increase 378,074,914 1,069,364,754 402,671,125 274,025,372 230,606,119 125,474,669 136,010,675 90,607,629 99,936,426 98,537,100 % Increase 7.95% 29.00% 12.26% 9.10% 8.29% 4.73% 5.40% 3.73% 4.29% 4.42% City Portion as a % of Total Assessed Value 83.71% 84.98% 87.29% 90.63% 93.17% 96.00% 97.06% 98.98% 99.10% 99.21 % 99.29% lV fr. is mterestll1g to note that the overall percentage of assessed value of the City compared \vith the CR/\ IS g01l1g down eac11 year. ThIs means that the grO\vth in new constnIction in the CR.^. area IS faster and is outstripping development in other areas. However, with the emergence of the Congress A venue Corridor, the growth of assessed value outside the CRA area is expected to be strong for the next four years, Looking to next fiscal year, the General Fund is projected to receive $74.2M in revenues. This is a S 1.9M or 2.6% increase over Fiscal 2006-07. On the cxpenditure side, the proposed 2007-08 budget totals $75.4M, an increase of $.6M or .70%. The budget for the General Fund as originally proposed by departments showed a projected deficlt of $3.54M over revenues. In reviewing the budget, staffwas able to find $2.36M from a targeted cut of $2.0 M. This affected a number of new personnel requests, adjusted operating programs. cut capital outlay and deferred several expenses. However, in reviewing these recommendations, I had several concerns with several cuts that I felt would have an adverse impact on essential service levels. Therefore, I recommend restoring some of the police and fire cuts but found other areas of adjustments and revenue to bring the General Fund budget to a situation where there the fund is in a positive fund balance position. This is covered in a separate report. On the revenue side for the General Fund, several comments are in order concerning some revenue sources. On the negative side, property tax reform has resulted in no increase in property tax revenues over 2006-07. In addition, building and construction related revenues are expected to be weak next fiscal year. The revenue base for building permits will go down from the estimate of $5.68M to 55.24M. This is because of an anticipated continued slowdown in construction activity next fiscal year. Historically, the City has received the following in building permit revenues: 2002-03 2003-04 2004-05 2005-06 2006-07 est. $1.66M 55.02M S6.73M S7.35M 55.68M Based on our projections, franchise fees will increase by 5800,000 over 2006-07 budgeted amounts while public service taxes will remain relatively flat at the same revenue base essentially from 2006- 07. The same is for state shared revenues. The revenue base for these sources has remained very close to 2005-06 levels. The change in the property tax regulations has exacerbated the revenue picture for the City. Given the restricted revenue sources, transfers to the General Fund v,;ere increased by $1.275.000: $500,000 from the Utilities Fund, the transfer from Solid Waste of $550,000 has been restored, and the transfer from the Local Option Gas Tax has been increased $225,000 based on the recommendation to eliminate the Transportation Fund (Shopper Hopper). On the expense side several comments are in order for the proposed budget. Salaries and benefits for 2007-08 are proposed to be S51.01M, an increase of$3.0M or 6.16% over the 2006-07 budget. This includes a net reduction in staff of 13 .21 positions at a cost of $1 M. Salary projections include the third year of the salary and pay plan, inclusive of performance pay, as well as all existing collective bargaining units and are listed below: % INCREASE 10/1/2007 411/2008 Market Performance Net SALARIES Blue Collar White Collar Regular Part-time Fire Union Police Union Admin, (Contract) 5,00% * 500% * 5.00% * 5.00% * 4,62% 3.00% 5,00% * 3,00% 3.00% 3,00% 0.00% 5.00% 5,00% 3,00% 6.50% Contract Expires 09/30/07 6,50% Contract Expires 09/30/08 6,50% 5.00% 7.12% Contract Expires 09/30/08 5.50% Contract Expires 09/30/07 6.50% *5% Increase Recommended by MGT Study; last year of three plan In addition, benefit costs for health insurance have been budgeted at a 9% increase and pension costs in the General Fund, including all three pension funds, have increased over $800,000. It is important to note that 67.7% of the General Fund proposed budget of $ 75.4M is for personnel related costs. The Community Investment Program has been reduced in the budget to $50,000 or $10,000 for each member of the City Commission. This was one of many incremental cuts made in discretionary expense areas. In addition, the Special Events budget has been reduced by $190,000 with the recommendation that the CRA assume full responsibility for all costs associated with any special events. The summary of the expenditures are as follows: Salaries & Benefits Operating Expenses Capital Outlay Nonoperating Expenses* 2006-07 Budget $ 48,048,522 $ 12,593,230 $ 1,290,792 $ 12,907,870 $ 74,840,414 2007 -08 Budget $ 51,011,443 $ 13,181,394 $ 1,200,352 $ 10,002,885 $ 75,396,074 *Transfer to CRA (TIF Payment) $ 5,797,605 $ 6,129,284 Attached as Exhibit A is a cost-saving and program initiatives report by stafffor possible changes in 2007-08. This report was prepared as part of the 2007 program inventory that identified 684 program activities. Each of these programs was classified into one of four categories: vi CATEGORIES: ES: Essential Services Functions that address the safety, survival and health of the citizens/employees and is essential to the department's purpose. SS~ Social Service Functions that address the social welfare of the citizens/employees and serves the department's purpose. OS: Discretionary Service Functions that contribute to the well-being, convenience, and quality of life of the citizen/employee and services the department's purpose. PE: Program Enhancements Functions that enhance the department, division, or City's primary purpose and services. Then each of the programs was ranked as to their basis, purpose and value as follows: RANK the program/project using the following criteria: 10 Mandated by law 8 Necessary to meet the department's essential purpose 6 Essential to support other service(s) or functions in the City - (explain) 4 Contributes> 50% value to the department's purpose 2 Has limited Value i.e. contributes 20%-49% value to the department's purpose Note: The numbers 1,3,5,7, and 9 are left undefined to allow for gradations. Third each program then was reviewed as to possible status and or disposition: Review Codes 1 Retain in current state 2, Reduce cost 3. Increase revenue 4. Outsource internal 5. Outsource external 6, Improve process/service 7, Privatize 8, Sell 9 Terminate A copy of this review sheet is attached as Exhibit B. .'..L _ Based on the above, I went through all the programs and identified possible program adjustments that could result in cost savings in each of the program types (Essential, Discretionary and Social Service). These are attached as Exhibits C, D and E. Most of the program modification recommendations were derived from the Discretionary programs. A recap of the program cuts is as follows: (Note ~ these are not necessary as part of the budget) 4,641,226.00 105,388.00 2,062,367.00 18,947.00 These program adjustments or similar additional cuts will be needed if the "Super Exemption" referendum passes or if the state legislature continues to modify property tax legislation without replacement revenues. This will result in a deterioration of City services. Pension Fund Contribution Impact In 2006-07 the City hired a pension consultant to help review the short and long-term impacts of pension costs. This is necessary because the cost of pension contributions continues to climb based on the factors of, retirements, pay raises, larger staff and investment earnings. These mandatory costs are for the entire City, though 100% of the Fire and Police Pension Funds are borne by the General Fund and approximately 56% of the General Employee Pension Fund is borne by the General Fund. CITY OF BOYNTON BEACH PENSION CONTRIBUTION 2007/08 BUDGET 2007/08 2006/07 Pension Pension INCREASE Pension Plan Contribution Contribution $ Amount % General Employees $ 3.584,452 $ 2,805,595 $ 778,857 27,76% % of Covered Payroll 14.37% 12.91% Police $ 2,565,460 $ 2,464,251 $ 101,209 4.11% % of Covered Payroll 2758% 31.45% Fire $ 2,074.830 $ 1,750,025 $ 324.805 18.56% C/o of Covered Payroll 25.45% 25.87% TOTAL $ 8,224.742 $ 7.019.871 $ 1.204,871 17.16% DISTRIBUTION 2007/08 2006/07 $ DIFF GENERAL $ 6,392,828 $ 5.568.810 $ 824.018 WATER & SEWER 953.221 756.460 196.761 GOLF COURSE 134,902 99,351 35,551 SOliD WASTE 324,841 231.722 93,119 PUBliC ART 440 440 FIRE ASSESSMENT 253.100 214.130 38,970 MASS TRANSIT 14,171 (14,171) FLEET MAINTENANCE 71,028 57.329 13,699 WAREHOUSE 24,873 24,331 542 COMMIMPROVES 35.281 26.766 8.515 RISK MANAGEMENT 22,233 17.205 5,028 CEMETERY 11.995 9,596 2.399 $ 8,224,742 $ 7,019,871 $ 1.204,871 viii The follo\ving is a table showing historic and projected pension fund contributions by the City. Those vears where the contributions are low relate to good investment years. Each of the three funds uses Cl "smoothl11g" methodology to average out the peaks and valleys in l11vestment performance Regretfully, the stock and market perforn1ance for all funds has been elTatic since 2001. Investment earnings have improved considerably in 2006-07, The Trustees of all three Pension Funds are aware of the City Commission's concerns and have indicated a willingness to help \\ith the analysis of future pension costs to the City and participants. Their main interest is to not diminish the value of the pension plan as a tool for employee retention and recruitment. CITY OF BOYNTON BEACH RETIREMENT CONTRIBUTIONS BY PLAN FISCAL YEARS 1999/00 - 2011/2012 General Fireflghers Police Officers % Increase/ Employees Pension Pension Total decrease 1998/1999 $ 1,069,863 $ 349,375 $ 451,378 $ 1,870,616 1999/2000 $ 952,994 $ 245,957 $ 426,129 $ 1,625,080 -14% 2000/2001 $ 686,733 $ 80,559 $ 312,072 $ 1,079,364 -34% 2001/2002 $ 595,970 $ 361,877 $ 379,059 $ 1,336,906 24% 2002/2003 $ 1,039,900 $ 922,724 $ 1,561,703 $ 3,524,327 164% 2003/2004 $ 1,542,574 $ 896,400 $ 1,504,730 $ 3,943,704 12% 2004/2005 $ 2,243,356 $ 1,155,699 $ 1,878,514 $ 5,277,569 34% 2005/2006 $ 2,851,454 $ 1,439,048 $ 2,106,022 $ 6,396,524 21% 2006/2007 $ 2,805,595 $ 1,750,025 $ 2,464,251 $ 7,019,871 10% 2007/2008 $ 3,584,452 $ 2,074,830 $ 2,565,460 $ 8,224,742 17% 2008/2009 $ 3,871,208 $ 2,240,816 $ 2,770,697 $ 8,882,721 8% 2009/2010 $ 4,180,905 $ 2,420,082 $ 2,992,353 $ 9,593,339 8% 2010/2011 $ 4,515,377 $ 2,613,688 $ 3,231,741 $ 10,360,806 8% 2010/2011 $ 4,876,607 $ 2,822,783 $ 3,490,280 $ 11,189,671 8% However, in 2008 and beyond, the City Commission may be faced with addressing the level of benefits in the three pension plans and shift away from a defined benefit plan to a defined contribution plan, at least for new hires. In addition, continued 100% coverage of pension shortfall by the City may no longer be possible. This may require a fluctuation in the employee pension contributions based on pension plan experience. General Fund Wrap-up Overall, the General Fund expenditures are projected to be .74% higher than the current fiscal year budget. This is inclusive of the above-mentioned pension and staff expenses. A breakdovm of expenditure increases are as follows: Salaries & Benefits Operating Expenses Capital Outlay CRA Transfer Nonoperating Expenses. 2007 -08 Budget $ 2,962,921 $ 588,164 $ (90,440) $ 331,679 $ (3,236,664) $ 555,660 % Increase 6,17% 4.67% -7,01% 5,72% -45,52% 0.74% 2006-07 Transfer to CIP - $2,500,000 lX Water and Sewer Utility Fund The Water and Sewer Fund is the largest enterprise fund for the City and includes operation of our water, sanitary sewer and storm water systems for over 110,000 people. The revenues and expenditures for the operating portion of this fund are at $33.3M. Revenues are projected to increase by 10% over 2006-07 budgeted totals as a result of the proposed rate increase to users for water and sewer services. Expenditures will increase by 10% as well primarily due to increases in salary and benefits for existing employee, the addition of a $1,000,000 transfer to the Utility CIP for future renewal and replacement costs, and the $500,000 increase in the administrative transfer to the General Fund. The proposed 2007-08 budget also includes the elimination of three full-time positions at a savings of $161 ,971. Unrestricted Retained Earnings, October 1 UTILITIES FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget $ 9,265,231 $ 10,131,340 $ 10,131,340 $ 9,863,214 $ 29,107,261 $ 30,394,018 $ 28,723,260 $ 33,312,815 $ (28,241,152) $ (30,394,018) $ (28,991,386) $ (33,312,815) $ 866,109 $ $ (268,126) $ $ 10,131,340 $ 10,131,340 $ 9,863,214 $ 9,863,214 Revenues Expenditures Fund Balance Appropriated (Reserved) Revenues Over/Under Expenditures Unrestricted Retained Earnings, September 30 Golf Course Fund The Golf Course Fund is also an enterprise fund responsible for the operation of the Boynton Links Golf Course on Jog Road. The proposed 2007-08 revenues are projected to increase 8.5% as a result of proposed increases in player fees. For the daily fee player, the rate for the Championship Course greens fee, cart, and tax for 18 holes will be $55 per person during high season (lan-Mar), $45 during the winter shoulder months (Nov, Dee, Apr) and $30 during the summer months (May-Oct). These prices will focus on the occasional golfer and visitors and they reflect a $4 increase during the winter season and a $3 increase during the summer season. The Links will again offer an afternoon discount rate to fill vacant tee times and meet the needs of a larger variety of economic backgrounds. For the local patron, the Links will again offer the popular Links Club Card for $50 + tax. This card is designed to reward loyal customers by giving them a $10 discount in the winter season and a $5 discount in the summer season on the above-mentioned prices. These prices will reflect a minimal $1 increase for the Links Club Card holder compared to the rates they are currently paying. The proposed 2007-08 budgeted expenditures will increase by 8.4% due to increases in salaries and benefits for existing staff. It is important to note that while budgeted expenditures exceed revenues by $42,000, this deficit will be funded by existing capital reserves in the Golf Course Fund totaling $377,851 as of September 30,2006. These reserves have been accumulated to pay for future capital needs including golf carts, maintenance equipment and course improvements. x GOLF COURSE FUND 2005-06 2006-07 2006-07 2007-08 Actual Budget Estimated Budget Total Fund Balance. October 1 S 617.837 S 671.426 S 671.426 S 715.7'31 Revenues S 2.551,089 S 2,699.926 S 2,661.947 S 2,930,522 Expenditures S (2.497,500) $ (2.741,826) S (2617,612) S (2,972,522) Fund Balance Appropriated (Reserved) $ 41.900 S 42,000 Revenues Over/Under Expenditures S 53.589 $ $ 44,335 S Total Fund Balance, September 30 $ 671.426 $ 629,526 $ 715,761 S 673,761 Reserved for Capital $ (377,851 ) $ (335.951 ) $ (335,951 ) S (293,951 ) Available Operating Balance $ 293.575 $ 293.575 S 379,810 S 379,810 Solid Waste Fund The Solid Waste Fund is an enterprise fund for the City's in-house sanitation department that serves both residential and commercial accounts inside the City. As mentioned previously, the 2007 -08 proposed budget includes a $.50 increase in both single family and multi-family rates, raising them 111 2007-08 to $12.00 and $9.00 respectively. Presented below is a summary of the revenues and expenses for the fund: SOLID WASTE FUND 2005-06 2006-07 2006-07 2007-08 Actual Budget Estimated Budget Total Fund Balance, October 1 $ 1,067,316 $ 1,847,334 $ 1,847,334 $ 2,235,964 Revenues $ 8,611.476 $ 8,395,255 $ 8,790,526 $ 9,069,660 Expenditures $ (7,831,458) (7,936,523) $ (8.401,896) (8,756,085) Fund Balance Appropriated (Reserved) (458,732) 1313,575) Revenues OverlUnder Expenditures $ 780,018 $ $ 388,630 $ Total Fund Balance, September 30 $ 1,847,334 $ 2,306,066 $ 2,235,964 $ 2,549,539 Revenues in the Solid Waste Fund are estimated to be $674,405 higher than budgeted mainly due to the rate increases and additional interest income resulting from an increase in fund balance. Expenses are proj ected to increase 5819,562 as a result of salary and benefit increase as well as the resumption ofthe $550,000 transfer to the General Fund that was discontinued in 2005-06 and 2006-07 because of insufficient revenue and a depleted fund balance. This fund has enjoyed cost efficiencies over the past three years due to better utilization of equipment and personnel. Transportation Fund This enterprise fund is responsible for the operation of the City's bus system, mainly the "Shopper Hopper" service. This fund substantially is funded by a subsidy of the Local Option Gas Tax. It is recommended that the program be discontinued and the Local Option Gas Tax revenue totaling 5225,000 be transferred to the General Fund for roadway maintenance activities. x:. TRANSPORTATION FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget Total Fund Balance. October 1 $ 83,195 $ 99,644 $ 99,644 $ 128,410 Revenues $ 241,832 $ 257,500 $ 258,000 Expenditures $ (225,383) $ (277,151) $ (229,234 ) Fund Balance Appropriated (Reserved) $ 19,651 Revenues Over/Under Expenditures $ 16,449 $ $ 28.766 $ Total Fund Balance, September 30 $ 99,644 $ 79,993 $ 128,410 $ 128,410 Fleet Maintenance Fund The Fleet Maintenance Fund is an internal service fund responsible for the maintenance and replacement of the City's vehicle and equipment fleet. Based on the replacement schedule for any given year, expenditures may increase or decrease significantly. For 2007-08, expenditures are proposed to decrease by $1.25M or 17.5%. The fund has a projected 2007-08 ending fund balance of $4.7M, which has been accumulated to pay for replacement vehicles as they reach the end of their useful life. FLEET MAINTENANCE FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget Total Fund Balance, October 1 $ 5,006,539 $ 5,904,066 $ 5,904,066 $ 5,056,465 Revenues $ 5,757,389 $ 5,990,063 $ 6,329,146 $ 5,584,524 Expenditures $ (4,859,862) $ (7,158,972) $ (7,176,747) $ (5,905,035) Fund Balance Appropriated (Reserved) $ 1,168,909 $ 320,511 Revenues Over/Under Expenditures $ 897,527 $ - $ (847,601) $ Total Fund Balance, September 30 $ 5,904,066 $ 4,735,157 $ 5,056,465 $ 4,735,954 Warehouse Fund The Warehouse Fund is an internal service fund with operational responsibility for purchase, delivery and replenishment of common supplies and equipment used by the City. The Warehouse receives funding from operating departments ofthe City and achieves cost-savings through quantity purchase and tight inventory control. Four years ago, the Utility Department's commodities were brought under the management of the Warehouse operations. The projected expenses for the Warehouse Fund in Fiscal 2007-08 are $291,316, an increase of5.5% over the 2006-07 budget. This increase is the result of salary and benefit increases for existing staff. The Warehouse operation is a division of the Financial Services Department. xii Revenues Expenditures Fund Balance Appropriated (Reserved) Revenues OverlUnder Expenditures WAREHOUSE FUND 2005-06 2006-07 2006-07 2007 -08 Actuai Budget Estimated Budget $ 19.199 S 54.889 S 54.889 S 62.124 $ 281,435 S 276,059 S 277 ,559 S 291.036 S (245,745) S (276.059) S (270324 ) S (296.316) S 5.280 $ 35.690 $ $ 7.235 S $ 54,889 $ 54,889 $ 62,124 $ 56.844 Total I=und Balance. October 1 Total Fund Balance. September 30 Self Insurance Fund The Self Insurance Fund is an internal service fund responsible for administration of the City's insurance coverage, workers compensation and employee safety programs. The deficit in the Self Insurance Fund was resolved in the 2004-05 fiscal year through hefty fund balance transfers into the Self Insurance Fund from other operating funds. The fund is operating as planned and the staff has instituted excellent safety and loss prevention programs to reduce our exposure. While the City saw an increase in property insurance premiums of over 320% in 2006-07, the market has appeared to stabilize and increases are currently proj ected in the 10% range for 2007 -08. The proj ected expenses for the fund are up by 9% over the prior budget. This is mainly due to expected increases in outside premiums. Revenues, or internal charges, are up $1.2M or 34%. This is due to the funding shortfall created in 2006-07 by the huge increase in property insurance which must now be made up by the various funds within the City in the 2007-08 budget. Below is a summary of the impact: FUND General Water & Sewer Golf Course Sanitation Additional Funding Requirement $ 660,000 $ 431,000 $ 41,000 $ 70,000 $ 1 ,202,000 SELF INSURANCE FUND Total Fund Balance, October 1 $ 2005-06 Actual 1,401,085 $ 2006-07 Budget 1,682,130 $ 2006-07 Estimated 1,682,130 $ 2007 -08 Budget 654.632 Revenues Expenditures Fund Baiance Appropriated (Reserved) Revenues OverlUnder Expenditures $ 2.387,503 $ 2.324.004 $ 2,305,004 5 3,526,578 $ (2.106,458) $ (3.234,243) $ (3,332,502) S (3,526,578) $ 910,239 $ 281.045 $ - $ (1,027,498) $ $ 1,682,130 $ 771,891 $ 654,632 $ 654,632 Total Fund Balance, September 30 Xl::':' Boynton Beach Memorial Fund The Boynton Beach Memorial Fund is the City's operating fund for two cemeteries in the City. The City staff manages the two cemeteries operated by the City with policy direction by the Cemetery Advisory Board. Next fiscal year, the Cemetery Fund expects to take $410,500 in revenues and fees and spend approximately $355,506 in cemetery operational expenses. This will make about $54,994 available for deposit in the Cemetery Trust Fund. As of October 1,2007, the combined balance of the Trust Fund is expected to be approximately $4.6M. CEMETERY FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget Total Fund Balance, October 1 $ 4,310,718 $ 4,488,868 $ 4,488,868 $ 4,640,869 Revenues $ 394,329 $ 459,500 $ 427,500 $ 410,500 Expenditures $ (216,179) $ (274,430) $ (275,499) $ (355,506) Fund Balance Appropriated (Reserved) $ (185,070) $ (54,994 ) Revenues OverlUnder Expenditures $ 178,150 $ - $ 152,001 $ Total Fund Balance, September 30 $ 4,488,868 $ 4.673,938 $ 4,640.869 $ 4,695,863 Local Option Gas Tax Fund This fund is the receiving fund for the Local Option Gas Tax, which is a state-shared revenue. The projected revenue from the gas tax is $1,390,000. Funds are used to pay for street maintenance activities in the General Fund ($875,000), capital improvements to roads and bridges ($800,000) and audit costs ($1,000). .This amounts to $1,676,000. The shortfall of$286,000 is funded from the accumulated fund reserves. As mentioned previously, Local Option Gas Tax funds in the amount of $225,000 previous I y transferred to the Transportation Fund for local bus services has been added to the General Fund transfer, which previously totaled $650,000. The fund balance is projected to be $816,766 on October 1,2007. Revenues Expenditures Fund Balance Appropriated (Reserved) Revenues Over/Under Expenditures LOCAL OPTION GAS TAX FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget $ 1.062.971 $ 1,068.776 $ 1.068,776 $ 815.776 $ 1,357,182 $ 1,436.000 $ 1,385,000 $ 1,390,000 $ (1,351,377) $ (1,776,000) $ (1,638,000) $ (1,676,000) $ 340.000 $ 286,000 $ 5,805 $ $ (253,000) $ $ 1,068,776 $ 728,776 $ 815.776 $ 529,776 Total Fund Balance, October 1 Total Fund Balance, September 30 Community Improvements Fund The Community Improvements Fund is responsible for providing property and housing improvements to income-eligible individuals and families. This is an especially important program in the face of very high land and home prices in the Palm Beach County market area. In addition to XlV providing housing rehabilitation and ne\v construction services for clients, the Community Improvements Fund provides home-ownership incentives and assistance for first-tlme homeowners Many families have achieved the dream of home ownership with the City's programs and partnerships with other organizations, banks and faith-based community development corporations, Funding for the Community Improvements Fund comes mainly from two sources: State SHIP Funds and federal Community Development Block Grant (CDBG) Funds. For the 2007-08 fiscal year, this fund will only account for the administrative costs associated with administering the SHIP and CDBG grant programs. All direct costs for housing rehabilitations and new construction services \\ill be paId directly from grant funds and accounted for in the Grant Fund, which is a non-budgeted fund. Total 2007-08 budgeted expenditures are $404,253, of which $108,696 will be funded by CDBG and $135,261 will be funded by SHIP. This leaves a shortfall ofS 1 04,296 that will be offset by a projected accumulated fund balance of $269,327 at October 1,2006. However. it is clear that the administrative costs being charged to this fund exceed the funding stream that can legally be provided by CDBG and SHIP funds. Therefore, future consideration will have to be given to either reducing staff or funding several positions through the General Fund. COMMUNITY IMROVEMENT FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget Total Fund Balance, October 1 $ 379,699 $ 270,041 $ 270,041 S 269.327 Revenues $ 626}87 $ 264,535 $ 368,326 $ 299,957 Expenditures $ (736,445) $ (372,382) S (369,040) $ (404,253) Fund Balance Appropriated (Reserved) $ 107,847 $ 104,296 Revenues Over/Under Expenditures $ (109,658) $ - $ (714) $ Total Fund Balance, September 30 $ 270,041 $ 162,194 $ 269,327 $ 165,031 Public Art Fund The Public Art Fund is a fund established to account for fees from developers to be used by the City for establishing and enhancing public art through the City. Proposed 2007-08 revenues are $212.500 while expenditures are proposed to be $203,868. PUBLIC ARTS FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget Total Fund Balance, October 1 $ S (744) $ (744) $ 17.130 Revenues :0 7085 $ 1.372.500 S 189.500 $ 212,500 Expenditures $ (7,829) S (517,589) $ (171.626) S (203,868) Fund Balance Appropriated (Reserved) S (854,911 ) S (8,632) Revenues OverlUnder Expenditures $ (744) $ S 17,874 S Total Fund Balance. September 30 S (744) $ 854,167 $ 17,130 S 25.762 Y'T Recreation Program Fund The Recreation Program Fund is a fund established to provide programs based on 100% user fees. The Fund also transfers $75,000 to the General Fund to assist in funding other Recreation Programs not covered by user fees. RECREATION PROGRAM REVENUE FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget Total Fund Balance. October 1 $ 46,808 $ 72,549 $ 72.549 $ 72,549 R.evenues $ 634.117 $ 671,100 $ 625,600 $ 727,150 Expenditures $ (608.376) $ (668,648) $ (625,600) $ (706,161) Fund Balance Appropriated (Reserved) $ (2,452) $ (20,989) Revenues Over/Under Expenditures $ 25,741 $ $ $ Total Fund Balance, September 30 $ 72,549 $ 75,001 $ 72,549 $ 93,538 Estimated 2006-07 revenues are below budget estimates primarily due to decreased participation or the cancellation of various budgeted programs. Next year's expenses have been increased to $706,161 or 5.6%. On the revenue side, this fund is projected to have the revenues of$727,150. General Obligation Debt Service Fund This fund is a paying agent fund for the General Obligation Bond Issue that has a final retirement date of November 2009. The annual debt service cost dropped from $551,291 in Fiscal 2005-06 to $225,243 in Fiscal 2006-07. In 2007-08, the debt service will drop down slightly to $223,771, and then to $221,803 in 2008-09 and to $110,192 in 2009-2010. Revenue for the bond issue debt service comes from property taxes. Based on a projected fund balance of$252, 174 on October 1,2007, the proposed budget reduces the millage rate from .04 mills to .025 mills, thereby using $63,553 offund balance to meet the debt service obligation for 2007-08. 2002 GENERAL OBLIGATION DEBT SERVICE FUND (PROMISSORY NOTE) 2005-06 2006-07 2006-07 2007-08 Actual Budget Estimated Budget Total Fund Balance, October 1 $ 236,909 $ 242,473 $ 242,473 $ 252,174 Revenues $ 557,978 $ 227,517 $ 236,519 $ 161,618 Expenditures $ (552,414 ) $ (226.843) $ (226,818) $ (225,171) Fund Balance Appropriated (Reserved) $ (674) $ 63,553 Revenues Over/Under Expenditures $ 5,564 $ $ 9,701 $ Total Fund Balance, September 30 $ 242,473 $ 243,147 $ 252,174 $ 188,621 xvi Public Service Tax Debt Service Fund This fund is L1sed to transfer a portion of the Public Service Tax from the General Fund to pay debt service on bond issues for capital construction projects. By pledging this revenue, the City is able to borrow funds at a favorable rate for construction work. This also means that a portion of the Public Service Tax is not available for general govemment services. The City is projected to receIve a towi of$3,372,490 in existing Public Service Taxes in the General Fund. In addition, the balance oCthe Public Service Taxes ($4,470,410) goes directly to the Public Service Debt Service Fund. This amounts to 57% of the total Public Service Tax revenue going to debt service. In retull1, the City received $18.3M in bond proceeds in Fiscal 2003-04, S6.8M which was used to retInance bonds and S 11.5M to fund non-utility capital projects. Those funds were deposited in the Capital Improvement Fund and were to be used for the purchase ofland on High Ridge Road and the Library Project In October 2006, the City Commission authorized the issuance of a second bond issue for $20,OI'v1 and these fund were deposited in the Capital Improvement Fund for the completion of the Fire Station #5, the EOC, Wilson Park and Intracoastal Clubhouse. While the revenues projected for 2007-08 total $4,545,410, the debt service obligations for the 2004 and 2006 Public Service Tax Bond issues only total $2,742,296, leaving an excess of $] ,803, 114 available for future debt service or to be transferred to the ClP Fund for future capital projects. By maintaining the current split of 43% General Fund and 57% Public Service Tax Fund, sufficient funding is in place to fund the projected debt service requirements for a $25M bond issue to fund a new Police Facility at the High Ridge complex. 2004 PUBLIC SERVICE TAX DEBT SERVICE FUND Total Fund Balance, October 1 $ 2005-06 Actual 1,003,146 $ 2006-07 Budget 1.474,100 $ 2006-07 Estimated 1.474,100 S 2007 -08 Budget 1,949,899 Revenues Expenditures Fund Balance Appropriated (Reserved) Revenues Over/Under Expenditures S 4.441,118 $ 4.414,360 $ 4.422,900 S 4,545.410 S (3,970,164) $ (4,164,360) $ (3.947,101) S (4.445,410) $ (250,000) $ (100,000) S 470,954 $ - $ 475.799 $ S 1.474,100 S 1.724,100 $ 1.949,899 $ 2,049,899 Total Fund Balance. September 30 Fire Assessment Fund As established in 2001, the Fire Assessment has been used to pay the salaries and benefits for 24 full-time personnel to staff the new Southeast Fire Station, capital improvement costs associated with Fire Station #2 and #4 and the purchase ofland for Fire Station #5. This fund was originally to be used to fund the capital improvement costs associated with the construction of Fire Station #5 in the northeast quadrant of the City. However, given the fact that the fire assessment is scheduled to sunset iE September 2008 and the projected fund balance at October 1, 2007is S2.6M, there \vill not be sufficient funding from the last year of the fire assessment to fund the construction of the new tIre station. Therefore, S5.84M \vill be transferred from the elP Fund in 2007-08 and S5.06M in 2008- 09 to help fund the Fire Station portion of the Public Safety Complex on High Ridge Road. In X"'VC.i :.. addition, all operating costs charged to the fund will be covered by a transferred from the General Fund totaling $1,955,456. These costs were essentially transferred to the General Fund beginning last year as evidenced by the S 1. 75M budgeted transfer in 2006-07 budget. Given the uncertainty of property tax reform and the pending referendum in January, it may be necessary to revisit the imposition of the Fire Assessment for 2008-09 to help offset the continuing impact to the General Fund of the 24 firefighters added back as an operating cost to the General Fund. Based on the fire assessment revenues proposed for 2007-08 of$2.6M, only 75% of that revenue would be needed to cover the projected 2007-08 operating costs of$1.96M. CITY OF BOYNTON BEACH 2007/2008 BUDGET FIRE ASSESSMENT FUND 2005-06 2006-07 2006-07 2007 -08 Actual Budget Estimated Budget $ 2,258,985 $ 790,837 $ 790,837 $ 2,646,387 $ 2,678.710 $ 6,803,050 $ 4,450,142 $ 10.455,719 $ (4,146,858) $ (6.821,650) $ (2,594.592) $ (13,102,106) $ 18,600 $ 2,646,387 $ (1.468,148) $ $ 1,855,550 $ $ 2008-09 Budget Total Fund Balance, October 1 Revenues Expenditures Fund Baiance Appropriated (Reserved) Revenues Over/Under Expenditures $ 5,060,650 $ (5,060,650) $ $ Total Fund Balance, September 30 $ 790,837 $ 772,237 $ 2,646,387 $ Capital Improvement Budget The Capital Improvement Budget will be presented to the City Commission in early August. There have been several late changes to the project list that need to be incorporated into the five-year plan. A special thanks goes to the Budget Review Team of Bill Mummert, Bobby Jenkins and Sue Moroney for their hard work on the document. Special thanks goes also to the department heads that went back into their budgets to make additional cuts that I requested. Cc: Department Heads KB: 07/01/07,07/04/07 xviii SUPPLEMENTAL INFORMATION Budget Balancing Memo July 4,2007 Summary of Memo: With the additional cuts as outlined in this memo, the City's budget is balanced and the General Fund shows a slight surplus of S677,891. Included is an option to restore the "Shopper Hopper" bus system, A total offour full-time and four part-time employees would have to be either re-assigned to new duties or separated. As a supplement to the main budget memo, this report summarizes efforts to balance the General Fund. The General Fund as shown in the budget binder, reflects a deficit of $1,176,304. The main changes or program reductions were incremental changes in all departments except that service cuts in the Police Department ($161,256) and in the Fire Department ($462,155) are recommended to be placed back in the budget and are reflected in the positive fund balance reported of$677,981. Personnel Changes (See table on page ii of Budget Memo) PersOlmel changes in the budget a reflect reduction of 21.14 positions. Six months ago, we began a program of not filling all positions. Instead, positions were reviewed on a case-by-case basis filling only critical skill and essential positions such as police, fire and communications operators. This created a situation where we have some flexibility and the total number of employees that would be separated from employment is six full-time and three part-time. All of the position adjustments were as a result of program reviews and a needs analysis for new facilities. In cases where we needed to add new staff for new facilities either the employees would be transferred or ifnew employees with different skill sets were needed, then the employees would have to be re-trained for new positions, retire or separate service. The combination of shifting personnel and vacancies leaves four full-time and four part-time employees facing internal relocation or Separation. This is out of over 900 full-time employees. Building and Facility Changes The proposed budget envisions opening of the new Library, Intracoastal Club House, Sims Center and Pool (Wilson). The budget also envisions closing City Hall in the Mall and conversion of \1adsen Center to offices for Code Compliance as follows: Library Sims Center and Pool Intracoastal Club House Madsen Center City Hall in the Mall Ne\v and Refurbished Building New Facility New Facilitv to House Recreation Registration and Training . ~ ~ Code Compliance to replace trailer Transfer Recreation Registration to Intracoastal Park and Utility Billing to City Hall XlX Budget Cuts and Changes to Balance the General Fund As noted above, the bound budget has a deficit of $1,176,304. To get to this point, staff made cuts totaling $2,637,347. This is attached as Exhibit A. Subsequent to that I made additional revisions to the General Fund by making additional cuts and restoring two cuts made in police and fire services that I was not comfortable with. Here is a recap of the changes. General Fund Budget Worksheet ! 1 -- ! $ 75,396,074.00 i General Fund Operating Expenses General Fund Revenues $ 74,219,770.00 Over/Under $ (1,176,304.00) I CM's Modifications to Budaet to Balance Running Total Transfer Add Back CIP Transfer of Public Service Debt $ - $ (1,176,304.00) Police Add Back 3 Sworn Police Personnel Deferred $ (161,256.00) $ (1,337,560.00) Fire Add Back Rescue #5 Personnel (Deferred) $ (452,155.00) $ (1,789,715.00\ Fire Add Back Rescue #5 Fleet Maintenance Costs 1$ (10,000.om $ (1,799,715.00) Police . Eliminate 3 of 4 PO Un-Marked Units i$ 72,000.00 $ (1,727,715.00\ Org Dev ! Eliminate Additional OD Career DeveloDment Classes 1$ 27,000.00 I $ (1,700,715.00\ Buildng i Eliminate One Addl BuildinQ Insp by Attrition 1/2 yr. $ - i$ (1,700,715.00) City Hall Eliminate Rest of Holiday Bonus (50% cut already) $ 32,606.00 $ (1,668,109.00) Citv Comm Eliminate Board Recognition Dinner 1$ 12,000.00 i $ (1,656,109.00) City Comm Strateaic Plan Implementation - Reduce by 10% ! $ 12,500.00 $ (1,643,609.00) City Comm Federal Lobbyist Service - Eliminate 1vr or CRA Pays i $ 30,000.00 i $ (1,613,609.00) Police Neiah Serv- Director to YVRP - Salarv $ 65,000.00 $ (1,548,609.00) Police NeiQh Serv- Director to YVRP - Benefits 1$ 4,500.00 I $ (1,544,109.00) Police Neighborhood Grant Prooram - Furlouoh 2 yrs. 1$ 100,000.00 I $ (1,444,109.00) Citv Mar Pub Affairs - Eliminate Printed Resident Guide ~$ 10,000.00 $ (1,434,109.00) HR I Eliminate Service Award Dinner $ 12,000.00 $ (1,422,109.00) Revenue and Transfer Items I l Revenue 110% Utility Tax 1/2 Year $ 450,000.00 $ (972,109.00) Revenue : Fund Balance Match for 1/2 yr Utility Tax 1$ 450,000.00 $ (522,109.00) Transfer ! Defer Fleet Plan Transfer from General Fund i$ 1,200,000.00 1 $ 677,891.00 , , Option 1 Add Shopper HODDer Back in Budaet '$ (225,000.00) I $ 452,891.00 xx Recommendation for 10% Utility Tax In the past, staff has recommended imposition of a I 0% Utility Tax. The total estimated revenue lS S900,000 but for the first year there is a 6-month notification period. Therefore, the fund shows $450,000 from the utility tax and $450,000 from the un-obligated fund balance, The second year or lhe program. the revenue would be 100% from the utility (ax and (he fund balance appropriation is not needed. The chari below shows the impact on various rate payers based on water conSUl11ptlon, The water cost includes a projected 10% increase in rates effective October 1. 2007, Water Use! Water Utility Water Usel Water Utility Month Cost Tax Month Cost Tax 2,000 $ 4,73 $ 0.47 27,000 $ 63,86 S 6.39 3,000 $ 7.10 $ 0,71 28,000 $ 66,22 S 6.62 4,000 $ 9.46 $ 095 29,000 $ 68,59 $ 6.86 5,000 $ 11,83 $ 1 18 30,000 $ 70,95 $ 7.10 6,000 $ 14,19 $ 1.42 31,000 $ 73.32 $ 7,33 7,000 $ 16.56 $ 1.66 32.000 $ 75.68 $ 7.57 8,000 $ 18,92 $ 1,89 I 33.000 $ 78.05 $ 7.80 9,000 $ 21.29 $ 2,13 34,000 $ 80.41 $ 8,04 10,000 $ 23,65 $ 2,37 35,000 $ 82.78 $ 8,28 11,000 $ 26.02 $ 2,60 36,000 $ 85.14 $ 8,51 12,000 $ 28,38 $ 2,84 37,000 $ 87.51 $ 8,75 13,000 $ 30.75 $ 3.07 38,000 $ 89.87 $ 8.99 14,000 $ 33.11 $ 3,31 39,000 $ 92.24 $ 9.22 15,000 $ 35.48 $ 3,55 40,000 $ 94,60 $ 9.46 16,000 $ 37.84 $ 3,78 41,000 $ 96.97 $ 9.70 17,000 $ 40,21 $ 4.02 42,000 $ 99.33 $ 9.93 18,000 $ 42,57 $ 4.26 43,000 $ 101,70 $ 10.17 19,000 $ 44.94 $ 4.49 44,000 $ 104.06 $ 10.41 20,000 $ 47.30 $ 4.73 45,000 $ 106.43 $ 10,64 21.000 $ 49,67 $ 4,97 46.000 $ 108.79 $ 10.88 22,000 $ 52.03 $ 5.20 47,000 $ 111.16 $ 11,12 23.000 $ 54.40 $ 5.44 48,000 $ 113,52 $ 11.35 24,000 $ 56,76 $ 5.68 49,000 $ 115.89 $ 11.59 25,000 $ 59.13 $ 5.91 50,000 $ 118,25 $ 11,83 26,000 $ 61.49 $ 6.15 Shopper Hopper The proposed budget shows the General Fund receiving $225,000 in Local Option Gas Tax funds. In previous years, this revenue was used to subsidize the "Shopper Hopper" Bus system. The bus system has a loyal but very small clientele. Transportation Services for the City of Boynton Beach began in 1994 after entering into agreement with the Palm Beach County board of County Commissioners to lease four buses to operate fixed routes within the city limits of Boynton Beach. After four years of fixed route operation and perfom1ance monitoring, the division made a decision to change from fixed route to specialized service. We became known as the "Shopper Hopper"', at which time we offered door to door service to the citizens ofBo}11ton Beach for grocery shopping at the Pubiix and Winn Dixie stores as well as general shopping at the mall. Target and Wal-.\1art. xx::. In addition to our present fleet of five Shopper Hopper buses that are leased from the County, the City has purchased two buses that are used primarily for the cities after-school programs, special events and shuttles. Staff - 1 FT Supervisor, 3 FT Drivers, 1 PT Driver Operating Budget - S260,000/approximately Schedule - Six (6) Days/Week - Monday - Saturday Fare - S 1.OO/passenger each way - .50 Cents each way for seniors 60 and over Revenue FY 2005-06 FY 2004-05 FY 2003-04 FY 2002-03 $10,262 $11,431 $14,280 $12,560 l\nnual Riders Shopper Hopper Special Events/Field Trips 16,300 9,500 The "Shopper Hopper" service is duplicative, in part, to alternative transportation options: PALM TRAM (Public Bus System) Cash Per Trip Regular Fare $1.25 each way Reduced Fare $ .60 each way Daily Rate Regular Fare $3.00 Unlimited Transfers Daily Rate Reduced Fare $2.00 Unlimited Transfers Monthly Pass Regular Fare $50.00 For 31 consecutive days (unlimited rides) Monthly Pass Reduced Fare $35.00 For 31 consecutive days (unlimited rides) *"Reduced fare" is for passengers 21 and under, 65 and older, or permanently disabled xxii PALM TIV\N CONNECTION (Must qualify for this service: ex: Seniors, Disabled, etc..,) Cash Per Trip Regular Fare 52.50 each way' MAE VOLEN SENIOR SERVICES Cash Per Trip 52.00 each way (within the same city) Cash Per Trip $3.00 each way (one City away) Cash Per Tnp $4.00 each way (two Cities away) Cash Per Trip $5.00 each way (three Cities away) *Maximulll distance traveled Beginning last year, Recreation Specialists and Supervisors have been required to attain appropriate licensing that would allow them to drive our new bus and the used school bus we purchased in 200 I. Consequently, although this will impact programming since while driving a bus staff not able to supervise an activity, we will still be able to provide some transportation to those participating in programs such as senior center activities, summer camps and after school recreation. City Participation with eRA on Special Events The proposed budget has cut the City's share of special events was originally proposed at $190,000 ($150,000 for events and $40,000 for cost-sharing of the events coordinator). KB: 7/4/07 XXlll CITY OF BOYNTON BEACH 2007/08 Budget Revisions Below are the revisions made to the 2007-08 General Fund budget following the Budget Workshop held on Tuesday. July 10, 2007: Original Total TOTAL GF REVENUE - 07/10/07 Boynton Beach Water Utility Tax (10%) Interest Income Transfer In- Local Option Gas Tax Fund 1,588,000 875.000 REVISED - TOTAL GF REVENUE - 07/10/07 TOTAL GF EXPENDITURES - 07/10/07 Strategic Plan Implement. Board Recognition Dinner Holiday Bonus Public Affairs - Printed Resident Guide City Clerk's Office - .75 Office Assistant Financial Services - .50 Accounting Tech HR - Service Awards Org. Dev. - Career Development Police - Salaries & Benefits (3.00 Sworn Officers) Police - New Vehicles (Reduce from 4 to 1) Fire - Salaries & Benefits (5.00 Firefighters) Fire - Fleet Maintenance Costs Neighbor. Serv, - Salaries & Benefits (Director) Neighbor. Serv, - Grant Program Defer Fleet Plan Transfer to General Fund 125,000 12,000 34,176 10,000 17,000 72,000 96,000 195,660 86,699 90,000 1,235,539 REVISED - TOTAL GF EXPENDITURES - 07/10/07 Excess Revenues Over Expenditures REVISED Total 450,000 1.612,325 650,000 107,500 20,768 20,756 10,000 45,000 161,256 24,000 452,155 205,660 74,219,770 450,000 24,325 (225,000) 74,469,095 75,396,074 (17,500) (12,000) (34,176) (10,000) 20,768 20,756 (7,000) (27,000) 161,256 (72,000) 452,155 10,000 (86,699) (90,000) (1,235,539) 74,469,095 1 SUMMARY OF GENERAL FUND EXPENDITURES 2007/2008 S Change. ';0 Change - 2006/07 2006/07 2007/08 2007/08 Proposed 07108 Proposed 07/08 Department Budqet Estimated Proposed Revised fs..9m BudQet 06/07 !.:Qrn S ud oet 06,"07 City CommiSSion 556,805 510,437 49'\ ,652 474,152 182,653, - ~ 4 _8[:~ City Manage' 605,278 e03, 50 611.335 611,335 6.057 City Hall 12454,945 1/603.536 0,392,943 10,346,767 108.1781 PubliC AffairS ' 92,343 189.495 '95.891 185,891 (6.452, -34-" SpeCial Evems 381,825 381.825 60.000 0 ,331.825; City Cle rk 50' ,978 467,462 536.987 557,755 55.777 FJranc:al Services '112.313 080.298 . ,155393 1,176,149 OJ,836 ITS 1.754.553 1,759.564 .764,628 1,763,228 6.675 GIS 483.068 ,.51.382 411.207 411,207 171,861 J ,149~" Human Resources 829.849 855.739 923.809 916,809 86.960 1 J5~;~, Organizational Development 278.674 277 .523 206.790 179,790 198884 ) -35.5(>G City Attorney 491,772 4Sli ,772 444.046 444,046 147.726) Police 20.896,133 20.896.133 21.748.119 21,143,748 247,6'5 . F)(J Lit; Code ComDllance 969.310 969,310 1035.147 1,024,201 54,891 ~J .7 (j,'c Communications ' .935.009 1.935.009 2.341.086 2,341,086 406.077 0" i, Animal Control 167.951 167,951 188.746 185,049 17.098 10.2':;0 Neighborhood Projects 295,515 203,899 291,151 114,452 i 181.063) "tJA .3(/0 Fire 14,162,165 14.162.165 14,653,125 14,802,509 640.344 45" EOC 236,600 233,100 '49.697 149,697 (86.903) '00.0% Deveiopment 367,500 366.392 387.954 387,954 20454 5.6% Building 2.286.211 2.340,459 2,434,025 2,432,725 146,514 6.4~'.D Planning 961,276 899,214 ',039.390 1,039,390 78,114 8.1 Business Tax 257,902 253.130 290,215 288,726 30,824 ~ 2.0% Public Works 278,106 276.904 295,852 294,523 16,417 5.9% Facilities Management 1.599,201 1,616,698 1,811,888 1,792,068 '92,867 ~2.1 % Streets Maintenance 1,129,143 1,015,857 1,118,279 1,064,949 164,194) ~5.7% Engineering 972,387 951,569 931,502 919,102 (53,285) .5.5% Forestry & Grounds 1,857,303 1.857,476 1,893,563 1,862,982 5,679 03% Library 2,283,730 2,22'1,770 2,490,441 2,490,441 206,711 9.1% Recreation 2,332,028 2,332,028 2,771,536 2,795,725 463,697 19.9% Parks Maintenance 2,209,541 2,052,207 2,329,677 2,272,639 63,098 2.9% 74.840,414 73,423,454 75,396,074 74,469,095 (371.319) -0.5% SUMMARY OF UTILITIES FUND EXPENSES 2007/2008 $ Change. % Change - 2006/07 2006/07 2007/08 2007/08 Proposed 07108 Proposed 07108 Department Budaet Estimated Proposed !ill1lli from Budaet 06/07 from Budaet 06/07 Water Distribution 1,435,611 1,406,483 1,472.215 1,472,215 36,604 2.5% PubliC Water Treatment 5.704,777 5.587.711 6.118.042 6,118,042 413.265 7.2% Meter Reading & Services 1.259,773 1.217.226 1.210,417 1,210,417 (49.356) -3.9% Wastewater Collection 1,740,675 1,538,841 1.749,751 1,749,751 9.076 0.5% WatelWater Pumping Stations 2.615.408 2,354,298 2.587,611 2,587,611 (27.797) .1.1% Sewage Treatment 3,670,000 3,420.000 3775,800 3,775,800 105.800 29% Water Quality 497.739 486,148 523,507 523,507 25,768 5.20/0 Utiiity Administration 2.021,443 1,861,099 ' .950,265 1,950,265 (71.1781 ,3.5% General Adminlstrallon 4,459,433 4,282.880 5694,300 5,694,300 1234.867 27_7% Utilities Engineering 1,005,364 935,426 '199,267 1,199,267 '93,903 1 OO.OO/~ Stormwater Maintenance 997,933 926.605 931,447 931,447 166,486) .6.7O/~ Customer Relations 1.120,605 1.100,612 .217,468 1,217,468 96.863 B.6D/e Debt Service 3.865.257 3.874.057 4.882,725 4,882,725 1.017,468 26,3% 30.394.018 28,991.386 33312,815 33,312,815 2.918.797 9.6% 2 SUMMARY OF GOLF COURSE FUND EXPENSES 2007/2008 $ Change. % Change - 2006/07 2006/07 2007/08 2007/08 Proposed 07tOS Proposed 07108 Department Budqet Estimated Proposed Revised from Budaet 06/07 from Budoe! 06/07 Golf Course Administration 1.104.536 1,101,017 1,367,222 1,367,222 262,686 23,8% Golf Course Maintenance 1.320,173 1,206,365 1,254,258 1,254,258 (65.915) -5,0% Golf Course Restaurant/Bar 317,117 310,230 351,042 351,042 33.925 10,7% 2.741.826 2,617,612 2.972.522 2,972,522 230,696 8.4% SUMMARY OF OTHER FUND EXPENSES 2007/2008 $ Change. % Change. 2006/07 2006/07 2007/08 2007/08 Proposed 07108 Proposed 07108 Other Departments Bud~et Estimated Prooosed Revised from Budoet 06/07 from Budaet 06/07 Solid Waste 8.395.255 8.401,896 9,069,660 9,069,660 674.405 8,0% Transportation 277.151 229,234 0 257.400 (19.751 ) -7,1% 8,672,406 8.631,130 9,069,660 9,327,060 654,654 7,5% Total Operating Budget 116,648,664 113.663,582 120.751,071 120,081,492 3.432,828 2,9% Internal Service Funds Fleet Maintenance 7,158,972 7,176,747 5,905,035 5,905,035 (1,253,937) .17.5% Warehouse 276,059 270,324 296,316 296,316 20,257 7.3% Risk Management 3,234,243 3,332,502 3,526,578 3,526,578 292,335 9,0% Total Internal Service Funds 10,669,274 10,779,573 9,727,929 9,727,929 (941,345) -8.8% Total Operating and Service 127,317,938 124.443,155 130,479,000 129,809,421 2.491.483 2.0% Other Funds BB Cemetery 459.500 250,399 364,100 364,100 (95.400) -20.8% BB Mausoleum 0 16,100 46.400 46,400 46.400 100.0% Total - BB Memorial Park 459,500 266.499 410,500 410,500 (49,000) -10.7% Local Option Gas Tax 1,776,000 1,638,000 1,676,000 1,676,000 (100.000) -5.6% Community Improvements 372,382 369,040 404,253 404,253 31,871 8,6% Public Arts 1,372,500 171,626 212,500 212,500 (1,160,000) -84.5% Recreation Programs 671,100 625,600 727,150 727,150 56,050 8.4% GO Debt Service 227,517 226,818 225,171 225,171 (2,346) -1.0% Public Service Debt Service 4.414,360 3,947,101 4,545.410 4,545,410 131,050 3.0% Total Other Funds 9,293,359 7,244,684 8,200,984 8,200,984 (1,092,375) -11.8% Total Operating, Service, Debt and Other 136,611,297 131.687,839 138,679,984 138,010,405 1 ,399,108 1,0% 3 SUMMARY OF REVENUES .. ALL FUNDS S Change. Change - 2006/07 2006/07 2007/08 2007/08 Fropcsed 07/03 Pre posed 07:'08 Operating Funds Budqet Est Revenue Prooosed Revised !.rom 8l!doet 06/07 from Budqet 06/07 General Fund 72,340,414 72.848.987 74.2'9,770 74,469,095 2,128.68 ' 29'" General Fund Balance ACJp-OJr:Bted 2,500.000 0 1.176.304 0 (2.500,000 ) -100.00/0 Total Gene'al Fund 74.840,414 72848.987 75.396.074 74,469,095 1371,319) -0.5~, Utilities Fund 30,394.018 28.723.260 33,312815 33,312,815 2,918.797 Golf Course Fund 2.7 41.826 2.661.947 2,972.522 2,972,522 230.696 (3,4cu Sollc Waste Fund 8.395.255 8.790.526 9.069.660 9,069,660 674405 80''., Transportation F uno 277,'151 258.000 0 257,400 119.751 ) Total Operating Funds 116,648,664 113.282.720 120.751,071 120,081,492 3432.828 29%. Internal Service Funds Fleet Maintenance 7,158,972 6,329,146 5.905.035 5,905,035 11253,937) 7.5ci:J Warehouse 276.059 277 .559 296,316 296,316 20.257 7,3'/0 Self Insurance 3.234,243 2,305,004 3,526,578 3,526,578 292,335 9,0% Total Internal Service Funds 10.669.274 8.911,709 9.727.929 9,727,929 1941,345) -8.8% Total Operating and Service 127.317.938 122,194,429 130,479,000 129,809,421 2491483 2.0% Other Funds BB Memorial Park 459,500 427,500 410.500 410,500 (49,000) -10.7% Local Option Gas Tax 1,776,000 1.385,000 1,676.000 1,676,000 (100.000) -5.6% Community improvements 372,382 368.326 404,253 404.253 31.871 8.6% Public Arts 1,372,500 189.500 212,500 212,500 160.0001 Recreation Programs 671,100 625.600 727,150 727,150 56,050 8.4% GO Debt Service 227,517 236,519 225,171 225,171 (2.346) -i.O% Public Service Debt Service 4,414,360 4,422,900 4,545,410 4,545,410 131.050 3,0% Total Other Funds 9,293,359 7,655,345 8,200,984 8,200,984 (1.092.375) -11,8% Total Operating, Service, Debt and Other 136,611.297 129,849,774 138,679,984 138,010,405 1,399,108 1,0% 4 CITY OF BOYNTON BEACH, FLORIDA 2007-2008 ANNUAL BUDGET PERSONNEL 2005/06 2006/07 2007/08 2007/08 DEPARTMENT Actual Adopted Proposed Revised GENERAL City Commission 5,00 5.00 5,00 5.00 City Manager 7,00 6,00 6,00 6.00 Public Affairs 1,00 1.00 1.00 1.00 Special Events 1.00 1,00 0.00 0.00 City Clerk 6.75 6.75 6.00 6.75 Financial Services 16.00 16.50 16.00 16.50 Information Technology Services 12.00 13.00 13.00 13.00 Geographical Information Systems 3.75 3,75 3.75 3.75 Human Resources 6.58 7.58 7.58 7.58 Organizational Development 2.00 2.00 1.00 1.00 Communications 24.00 24.00 24.00 24.00 City Attorney 2.00 1.50 1.00 1.00 Police 191.75 197.75 193.75 196.75 Code Compliance 13.00 14.00 14.00 14.00 Animal Control 2.89 3.04 3.04 3.04 Fire 145.00 146.50 142.50 147.50 Development-Support Services 4.00 4.00 4.00 4.00 Building 32.00 34.00 33.00 33.00 Engineering 12.50 12.00 10.00 10.00 Planning and Zoning 12.00 13.00 12.00 12.00 OccupatlonalUcenses 4.00 4.00 4.00 4.00 Neighborhood Projects 2.00 2.00 2.00 1.00 Public Works 3.00 2.50 2.50 2.50 Facilities Management 17.00 17.00 17.00 17.00 Roads & Streets 8.00 8.00 8.00 8.00 Ubrary 30.33 33.83 33.83 33.83 Recreation 46.67 46,67 49.21 49.21 Forestry & Grounds 11.00 11.00 11.00 11.00 Parks Maintenance 35.13 36.22 36.22 36.22 Total General Fund: 657.35 673.59 660.38 668.63 UTILITY Water Distribution 14.00 18.00 17.00 17.00 Public Water System Operation 38.00 38.00 38.00 38.00 Meter Reading & Services 14.00 12.00 12.00 12.00 Wastewater Collection 15.00 16.50 16.50 16.50 Wastewater Lift Stations 15.00 15.50 15.50 15.50 Water Quality 6.00 6.00 6.00 6.00 Utilities Construction 6.50 0.00 0.00 0.00 Utilities Administration 27.00 13.00 13.00 13.00 Utilities Engineering 0.00 14.00 14.00 14.00 Stormwater Utilities 8.50 11.00 10.00 10.00 Customer Relations 13.00 13.00 13.00 13.00 Total Utility Fund 157.00 157.00 155.00 155.00 5 CITY OF BOYNTON BEACH, FLORIDA 2007-2008 ANNUAL BUDGET PERSONNEL 2005/06 2006/07 2007/08 2007/08 DEPARTMENT i\ctuai Adopted Proposed Revised GOLF Golf Course Administration 14,84 14.84 14.84 14.84 Golf Course Maintenance 15,00 15.00 15.00 15.00 Restaurant/Bar 5.50 5.50 5.50 5.50 Total Golf Course Fund 35,34 35.34 35,34 35.34 SOLID WASTE 49,50 49,50 49,50 49.50 FLEET MAINTENANCE 13.00 13,00 13.00 13.00 WAREHOUSE 5,00 5.00 5.00 5.00 COMMUNITY IMPROVEMENTS 5,00 5.00 5.00 5.00 PUBLIC ARTS 1,00 1.00 1.00 1.00 SELF INSURANCE 3.00 3,00 3.00 3.00 TRANSPORT A TION 5.93 5.93 0,00 4.70 TOTAL ALL FUNDS: 932.12 948.36 927.22 940.17 6 CITY OF BOYNTON BEACH PERSONNEL ADDITIONS/DELETIONS 2007/08 BUDGET Proposed Revised Dept Position Status No. Amount No, Amount GENERAL FUND Special Events Public Affairs Specialist Vacant (100) (46,631 ) (1.00) (46.631 ) City Clerk Office Assistant Filled (0,75) (20,768) Financial Services Accounting Technician Vacant (0.50) (20,756) Org. Development Director, Org, Development Vacant (1,00) (84,830) (1.00) (84,830) City Attorney Administrative Associate Filled (0,50) (16,945) (0.50) (16,945) Police Police Officers Vacant (3.00) (161,256) Police Record Technician Vacant (1,00) (38,902) (1.00) (38,902) Neighborhood Services Neighborhood Project Manager Vacant (1.00) (86,699) Fire Administrative Associate New 1,00 42,199 1.00 42,199 Firefighters Vacant (5.00) (452,155) Building Building Field Inspector Vacant (1,00) (59,327) (1,00) (59,327) Planning & Zoning Senior Planner Vacant (1.00) (66,507) (1.00) (66,507) Engineering Engineer Vacant (1.00) (74,697) (1.00) (74,697) Engineer Plans Analyst/Inspector (') Filled (1.00) 0 (1.00) 0 Recreation Aquatics Supervisor (Pool) New 1.00 46,359 1,00 46,359 Lifeguard, Sr. (Pool) New 0.30 11,083 0.30 11,083 Lifeguards (Pool) New 2.40 77,960 2.40 77,960 Recreation Leader (Pool) New 0.84 21,046 0.84 21,046 Recreation Leader Vacant (1.00) (31,434) (1.00) (31,434) Recreation Specialist Vacant 1.00 34,073 1.00 34,073 Tennis Professional Filled (1.00) (75,965) (1.00) (75,965) Recreation Manager Filled (1.00) (80,336) (1,00) (80,336) Net Additions/Deletions -- General Fund (13.21) (997,789) (4,96) (429,553) UTILITIES FUND Public Water Treatment Painter Vacant (1.00) (36,776) (1,00) (36,776) Utilities Administration Engineer Plans Analyst/Inspector ('1 Filled 0.00 (67,633) 0,00 (67,633) Storm water Maintenance Asst Supervisor, Stormwater Vacant (1.00) (57,562) (1,00) (57,562) Net Additions/Deletions.. Utilities Fund (2.00) (161,971 ) (2.00) (161,971) MASS TRANS/T FUND Mass Transit Supervisor, Transportation Services Filled (1.00) (63,253) Bus Drivers Filled (3.48) (4,93) (175,271) Vacant (1.45) (1,23) (38,568) Net Additions/Deletions .. Mass Transit Fund (5.93) (238,524 ) (1.23) (38,568) NET ADDITIONS/DELETIONS.. ALL FUNDS (21.14) (1,398,284) (8,19) (630,092) (*) . Position authorized in General Fund (Engineering) 7 ~ GENERAL FUND Code Compliance Building Planning & Zoning WA TER & SEWER FUND Water Distribution Meter Reading Services Utilities Administration Utilities Engineering TOTAL - All Funds CITY OF BOYNTON BEACH PERSONNEL RECLASSIFICATIONS 2007/08 2006/07 Position Adml:1lstr3tlve Ass,stan: ?lumolr,g/iv1echanlcal Inspector '-" Plan Review Analyst. Sr Plan Review Analyst Electrical Inspector. Sr Building Inspector. Sr 4 - Building Inspector Electrical !nspecwr 2 - Plumbing/Mechanical Inspectoo Increase in Standard License Pay (20/u 10 5%) 2 - Planner 2-Utilitles Location Specialist Crew Leader. Sr Crew Leader. Sr Office Assistant ,'. Utilities Location Specialist. Sr 3-Utilitles Location Specialist (OJ. Position authorized in Genera.l Fund (Building) Grade Beclass to ~;cde :OmO[13ilCe :::'::oordmalor E' ~~lultl-a:SClpllne Building Flee Inspector Sr \'lult:+dlsclpllne Plan Revl€v,i Analyst Sr i.1ultl-dlsClpllne Plan Re\lI€v.' Analyst BUilding Field Inspector Sr Building Field Inspector. Sr 4 - BUilding Field Inspector BUilding Field Inspector 2 - Building Field Inspector 2'=; 18 i E 1 e 20 _ Pianner Ii 9 2-Utilities Location Specialist Crew Supervisor 9 Crew Supervisor 6 Administrative Associate 11 9 Utilities Location SpeCialist, Sr 3-Utilities Location Specialist Grade Proposed Revised '5.S'::'::' :'.94: :3 02t '" :::tiSs i 1::: 1CJ 38.833 10.034 10.034 66.7 8 7 27.948 3,962 ::;,962 :;',525 14798 ;4,798 3.56D 3.560 2.174 2.174 5.953 5,953 35,972 30,447 102.759 58.395 1" ~ 2 <() 8 1,000 900 800 700 CITY OF BOYNTON BEACH, FLORIDA 2007-2008 ANNUAL BUDGET EMPLOYEES-ALLFUNDS 51 53 50 50 600 ----- 500 -- 400 - 300 200 100 2004/05 2005/06 2006/07 2007/08 o FfT 0 PfT (Full Time Equivalents) 9 CITY OF BOYNTON BEACH, FLORIDA ASSESSED VALUATION & PROPOSED TAX MILLAGE 2007-2008 ANNUAL BUDGET REVISED - July 1. 2007 BUDGETED PROPOSED 2006-07 2007 -08 GENERAL GENERAL FUND FUND PROPOSED 2007-08 GO DEBT SERVICE FUND PROPOSED 2007-08 TOTAL Gross Taxable Value $5,597,854,355 $6,134,767.687 Millage 7,1000 6.4553 Gross Tax $39,744,766 $39,601,766 Allowance for Discount (3.75%) (1,490,429) (1,485.066) Net Tax $38.254,336 $38.116,699 -0,36% 2006-07 2007 -08 CRA CRA Commercial (1983) 5199,655,597 $282.206,136 Commercial (1989) 44,033,192 48,236,224 Residential (1989) 907,758,470 960.933,705 Gross Taxable Value $1,151,447,259 $1.291.376,065 LESS: Base Year (291,906,169 ) (291,906,169) TIF Taxable Value $859,541,090 $999,469,896 Millage 7.1000 6.4553 Gross Tax Increment $6.102,742 $6,451,878 x 95% x 95% Net TIF Increment $5,797,605 $6,129,284 5.72% I Net Taxes $33,947,161 $33,472,482 I -1 AO% 56,134,767,687 0,0250 $153,369 (5,751) $147,618 S6,134,767687 6.4803 S39,755,134 (1,490,818) $38,264,316 COMPARISON - TAX MILLAGE 2006-07 FINAL RATE General Fund (Operating Miliage) Debt Service Fund (Voted Debt Service) Total Millage % Reduction 7.1000 0,0400 L1iQQ 2007-08 PROPOSED 6A553 0,0250 ~ 9.03% 10 CITY OF BOYNTON BEACH, FLORIDA 2007 -2008 ANNUAL BUDGET MILLAGE RATES 7 0000 9.0000 8 0000 6 0000 5.0000 3.0000 2,0000 1.0000 0,0000 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 o Debt ~ 2005-06 2006-07 2007-08 o Operating 11 CITY OF BOYNTON BEACH, FLORIDA 2007/2008 ANNUAL BUDGET Where the Money Comes From Ad Valorem Taxes 51.2% Investment Income 2.2% Franchise Fees 7.0% lnterfund Transfers 7.2%. Miscellaneous Income 0.6% Public Se rvice Taxes 4.5% Occupational Licenses 2.1% Fines & Forfeitures 0.4% Charges for Services 5.3% State Shared Reve nues I 10.4% County Shared Revenues 1.4%, o Public Service Taxes 0 Occupational Licenses . County Shared Rel.€nues 0 Charges for Services o Miscellaneous Income 0 Interfund Transfers o Ad Valorem Taxes , . Penmits I. Fines & Forfeitures . Franchise Fees o State Shared Rel.€nues .. Inl.€stment Income 12 CITY OF BOYNTON BEACH, FLORIDA 2007/2008 ANNUAL BUDGET Where the Money Goes General Government 30,0% Pubtic Safety 54.3% Culture/Recreation 10.2% Streets Maintenance 3.9% Public Works 1.60/, 13 CITY OF BOYNTON BEACH, FLORIDA 2007-2008 ANNUAL BUDGET BUDGET SUMMARY - GENERAL FUND OPERATING DEPARTMENTS DEPi PERSONNEL OPERATING CAPITAL I~ON- JEPARTMENT NO FUNCTION SERVICES EXPENSES OUTLA Y OPER/l.TING TC./"AL =llv Commission l11D Legislative S 15D.587 S 156.065 J) 157,500 S ~7~.152 C;,t1' Manager 1210 Executive 575.712 35.623 ci ~ -33~~i City Hall/General Adm 1211 Executive 24.000 1940.527 8,382240 ('.34:,767 Public Affairs 1212 Executive 122,735 63,156 18589' City Clerk 1310 Executive 375.806 180,449 1,500 557.755 Financial Services 1410 Fin, & Admin, 1.112.090 64,059 i : 76, 149 Information Technology 1510 Fin, & Admin. 863,090 817 ,638 82,500 ' .763.228 Geographical Info Srvs 1511 Fin. & Admin, 270,861 117.501 22,845 41: .207 Human Resources 1610 Fin, & Admin, 596.656 262,153 58,000 916,809 Org, & Strategic Dev, 1611 Fin, & Admin. 79.713 89,095 10,982 179,790 City Attorney 1910 Legal Counsel 88,191 355,855 444.046 Police 2110 Law Enforc, 18.141,375 2.604,067 348,800 49,506 2, 143,748 Code Compliance 2120 Law Enforc, 968,151 56,050 " .024,201 Communications 1810 Gen, Govt 1,971,352 212,085 157,649 2.341086 Animal Control 2513 Public Safety 162,323 22,726 185049 Neighborhood Services 2417 Gen. Govt. 65,914 23,538 25,000 114,452 Fire 2210 Fire Control 13,169,336 1.359,423 203,750 70,000 14.802.509 Emergency Mgmt 2220 Fire Control 81,697 67,400 600 149.697 Development-Support 2410 Protect. Insp, 368,651 19,303 387,954 Building 2411 Protect. Insp, 2,127,272 287,853 17,600 2432725 Planning & Zoning 2414 Comp, Plan. 957,418 79.372 2,600 1.039.390 Business Tax 2416 Protect. Insp. 246,785 26.941 15,000 288,726 Public Works Admin, 2510 Physical Envi. 274,693 19,830 294.523 Facilities Mgmt. 2511 Gen, Govt. 1,026,479 735,589 15,000 15.000 '792.068 Streets Maintenance 2512 Roads/Streets 424,025 638,524 2,400 1.064.949 Engineering 2413 Physical Envl. 859,757 58,345 1.000 919.102 Forestry & Grounds 2730 RoadslStreets 622,316 1.240,666 1862,982 Library 2610 Libraries 1,841,651 492,434 156,356 2490,441 Recreation 2710 Parks & Rec 2.259,968 528.337 4,420 3.000 2795.725 Parks Maintenance 2731 Parks & Rec, 1.799,316 465.773 7,550 2.272.639 Totals: $ 51,546,223 $ 13.044.674 $ 1.200.352 $ 8,677,846 $ 74469.095 6922% 1752% 1.61%) 11.65O;'c. 14 CITY OF BOYNTON BEACH, FLORIDA 2007/08 ANNUAL BUDGET WHERE THE MONEY GOES BREAKDOWN BY CATEGORY Personnel Services 69.22% Non-Operating Expenses 11.65% Capital Outlay 1.61% Operating Expenses 17.52% 15 I-OPENINGS ITEM 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 City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon [8J September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon) 0 Announcements/Presenta tions 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: Approve a Resolution adopting the proposed millage rate for the Fiscal Year 2007/08. EXPLANATION: The procedure for fixing the budget and millage is established by Section 200.065, Florida Statutes. The City customarily establishes its budget and millage rate by the adoption of resolutions. The resolution which follows this Agenda cover sheet accomplishes that. PROGRAM IMPACT: NIA FISCAL IMPACT: N/A ALTERNATIVES: None, \ ~ //~lJs. Department Head's Signature City Attorney Assistant to City Manager Department Name City Attorne~ / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION R07- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA ADOPTING A PROPOSED MILLAGE RATE 6 OF 6.4553 FOR THE CITY'S GENERAL OPERATING 7 FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 8 1, 2007 AND ENDING SEPTEMBER 30, 2008 9 ANNOUNCING THE PERCENT, IF ANY, THE 10 PROPOSED MILLAGE RATE EXCEEDS THE ROLLED- 11 BACK RATE; ANNOUNCING THE DATE, TIME AND 12 PLACE OF THE SECOND AND FINAL PUBLIC 13 HEARING ON THE BUDGET AND MILLAGE RATE; 14 PROVIDING FOR SEVERABILITY, CONFLICTS AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, a tentative budget has been prepared estimating expenses and revenues i8 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, 19 including revenues to be derived from sources other than ad valorem levy, and the 20 II administrative staff of the City has made recommendations as to the amount necessary to be 21 appropriated for the ensuing year; and 22 WHEREAS, the City Commission has met and considered the recommendations, 23 the suggested tentative budget, and the proposed millage necessary to be levied to carry on 24 the government of the City for the ensuing year; 25 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 26 outlined in Florida Statutes Section 200.065; and 27 WHEREAS, Florida Statutes Section 200.065(5) provides for a ministerial 28 adjustment ofthe aggregate millage rate after receipt of the final tax roll. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: S:\CA\RESO\Budget\2007-08 Budget\Proposed millage - Sept 2007.doc , I I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The proposed Millage Rate for the 2007-2008 Fiscal Year shall be 5 6.4553 (for the General Fund), plus .0250 for Voted Debt Service for a total Proposed 6 Tentative Millage Levy of 6.4803 for the 2007-2008 Fiscal Year. 7 Section 3. A copy of the tentative budget shall be published in one issue of a 8 newspaper published in Palm Beach County, Florida, and at the same time the public will be 9 notified of a public hearing to be held on the 18th day of September, 2007, at 6:30 P.M. for 10 the purpose of hearing objections or criticisms of the tentative budget and millage. This 11 meeting is for the purpose of setting a final tax levy and final budget. 12 Section 4. The proposed millage rate is 7.00% below the computed rolled back 13 rate and is the maximum millage rate allowed by a maj ority vote of the governing body. 14 Section 5. If any clause, section, or other part of this Resolution shall be held by 15 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 16 invalid part shall be considered as eliminated and shall in no way affect the validity of the 17 other provisions of this Resolution. 18 Section 6. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Budget\2007-08 Budget\Proposed millage - Sept 2007.doc PASSED AND ADOPTED this day of September, 2007. 2 3 4 5 6 7 8 9 10 I 1 12 13 14 15 16 17 i8 19 ATTEST: 20 21 22 Janet Prainito, City Clerk 23 24 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Budget\2007-08 Budget\Proposed millage - Sept 2007.doc I-OPENINGS ITEM 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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon [8J Septernber 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) 0 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: Approve the Resolution adopting the tentative budget for Fiscal Year 2007/08. EXPLANATION: The procedure for fixing the budget and millage is established by Section 200.065, Florida Statutes. The City customarily establishes its budget and millage rate by the adoption of resolutions. The resolution which follows this Agenda cover sheet accomplishes that. PROGRAM IMPACT: N/ A FISCAL IMPACT: N/A AL TERNA TIVES: NONE. '~ - ---=---y- . /~J~_~ Department Head's slgnature It ' .-eW,Nfil J/~ 7 01 City Manager's Signature ~ Assistant to City Manager City Attorney City Attorney / Finance Department Name S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A 5 TENTATIVE BUDGET FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2007, AND ENDING 7 SEPTEMBER 30, 2008; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, a tentative budget has been prepared by the City Manager estimating 12 expenditures and revenues of the City for the ensuing year, with detailed inforn1ation, 13 including revenues to be derived from sources other than ad valorem levy, and he has made 14 recommendations as to the amount necessary to be appropriated for the ensuing year; and 15 WHEREAS, the City Commission has met and considered the recommendations, the 16 suggested budget, and the proposed millage necessary to be levied to carryon the 17 government of the city for the ensuing year; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1911 THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. Section 2. That the tentative budget of the City of Boynton Beach, Florida, for 23 24 the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which 25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made 26 to maintain and carry on the government of the City of Boynton Beach, Florida. There is 27 hereby appropriated the sum of $74,469,095.00 to the General Fund for the payment of 28 operating expenses and necessary capital outlays for the City Government pursuant to the 29 terms of the above budget. Section 3. That there is hereby appropriated the sum of $225.1 71.00 to the 30 3 I interest and sinking fund for the general debt service for the purpose of paying the interest, 32 principal and reserve due on the general obligation bonds of the City not subject to statutory S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc exemptions and for redeeming such bonds as they mature. 2 Section 4. That there is hereby appropriated the sum of $31,437.703.00 to the 3 Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the 4 above budget. 5 Section 5. That there is hereby appropriated the sum of $9.069.660.00 to the 6 Solid Waste Fund for the payment of operating expenses and necessary capital outlays. 7 Section 6. That there is hereby appropriated the sum of $2,972.522.00 to the 8 Golf Course Revenue Fund for operating expenses and necessary capital outlays. 9 Section 7. That there is hereby appropriated the sum of $5.905.035.00 to the 10 Fleet Maintenance Fund for the payment of operating expenses and necessary capital 11 outlays. 12 Section8. That there is hereby appropriated the sum of $1,676.000.00 to the 13 Local Option Gas Tax Fund for the payment of operating expenses and necessary capital 14 outlays. 15 Section 9. That there is hereby appropriated the sum of $28.440.090.00 to the 16 Water and Sewer Utility Fund for operating expenses and necessary capital outlay. 17 Section 10. That there is hereby appropriated the sum of $3,752.875.00 to the 18 Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and 19 Sewer Revenue Bonds, the sum of $1.1 19,850.00 for renewal and replacement and 20 amortization of its Revenue Bond discounts, for a total of $33.3 12.815.00. 21 Section 11. That there is hereby appropriated the sum of $296.3 16.00 to the 22 Warehouse Fund for the payment of operating expenses and necessary capital outlays. 23 Section 12. That there is hereby appropriated the sum of$410,500.00 to Cemetery 24 Fund for the payment of operating expenses and necessary capital outlays. 25 Section 13. That there is hereby appropriated the sum of $4.545.410.00 to the 26 interest and sinking fund for general debt service for the purpose of paying the interest, 27 principal and reserve due on the public service tax bonds of the City not subject to statutory 28 exemptions and for redeeming such bonds as they mature. 29 Section 14. That there is hereby appropriated the sum of $3.526.578.00 to the 30 Self-Insurance Fund for the payment of operating expenses. S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc Section 15. That there is hereby appropriated the sum of $257,400.00 to the Mass 3 Section 16. 2 Transit Fund for the payment of operating expenses and necessary capital outlays. That there is hereby appropriated the sum of $727.150.00 to the 4 Recreation Program Revenue Fund for the payment of operating expenses and necessary 5 capital outlays. 6 Section 17. That there is hereby appropriated the sum of $404,253.00 to the 7 Community Improvements Fund for the payment of operating expenses and necessary 8 capital outlays. 9 Section 18. That there is hereby appropriated the sum of $13,1 02, I 06.00 to the 11 Section 19. 10 Fire Assessment Fund for the payment of operating expenses and necessary capital outlays. That there is hereby appropriated the sum of $212,500.00 to the Public Arts Fund for the payment of operating expenses and necessary capital outlays. A copy of the tentative budget summary shall be published in one issue of a newspaper published in Palm Beach County and at the same time the public will be notified of a public hearing to be held on the 18th day of September, 2007, at 6:30 P.M. for the purpose of hearing objections or criticisms of the tlnal budget and millage. This meeting is for the purpose of setting a final tax levy and final budget. 12 13 14 15 " 16 17 18 Section 20. All delinquent taxes collected during the ensumg fiscal year as 19 proceeds from levies of operation millages of prior years are hereby specifically 20 appropriated for the use of the General Fund. 21 Section 21. If any clause, section or other part of this Resolution shall be held by 22 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 23 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 24 remaining portions of this Resolution. 25 Section 22. 26 repealed to the extent of such conflict. All Resolutions or parts of Resolutions in conflict herewith are hereby 27 Section 23. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc ,.~,iN';~~~"""""*""""""",-,'""J'._.,,.,.> 2 PASSED AND ADOPTED this _ day of September, 2007. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 Janet Prainito, City Clerk 23 24 (Corporate Seal) 25 26 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Budget\2007-08 Budget\Reso Tent budget - Sept 2007 -.doc I:\"f Yo J;:o ,'", ,....- -., . ... " ;, - -_.' , '> 'Gl \ .... . ...... J: O,~a" ""0 N \? VI.-CONSENT AGENDA 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 City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon [8J September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) 0 Announcements/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 RECOMMENDA TION: Approve proposed resolution authorizing and directing the City Manager and City Clerk to execute a First Amendment to the lnterlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. EXPLANA nON: This amendment deals primarily with the following features of the agreement: · Extending the term of the agreement from December 31, 2009 to December 31, 2013 · Adding a Capacity Fee, consisting of a one-time fee to purchase I million gallons per day of permanent capacity, and an Annual Carrying Cost paid yearly to reserve temporary capacity. The one-time purchase price for I million gallons per day of permanent capacity is $2,910,000. The Annual Carrying cost paid yearly will be $0.11 per gallon of capacity needed, in 250,000 gallon increments. · Establishing a commodity charge of $0.80 per thousand gallons of water used from the present time until January I, 2010. · Adopting a commodity charge of $1.15 per thousand gallons beginning on January I, 20 10, with a price escalator adopted for each subsequent year, but not to exceed 3% per year. PROGRAM IMP ACT: This Amendment is necessary to allow the City the additional time to obtain water use permits and construct the necessary facilities in compliance with the recent Water Availability Rule recently approved by the South Florida Water Management District. Under that rule, the City's surficial aquifer allocation may be reduced by up to 7.8 MGD thereby drastically changing the water supply options expressed in the City's adopted 2006 Water Supply Strategy document. FISCAL IMP ACT: A one-time capacity fee of $2,91 0,000, payable from the Utilities water Capital Facilities Charge Account; plus recurring fees for capacity reservation and commodity charge om t Utilities Operating Fund Account. Assistant to City Manager Department Name City Attorney / Finance S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER AND CITY CLERK TO EXECUTE A 6 FIRST AMENDMENT TO THE INTERLOCAL 7 AGREEMENT BETWEEN PALM BEACH COUNTY 8 AND THE CITY OF BOYNTON BEACH FOR THE 9 PURCHASE AND SALE OF BULK POTABLE WATER; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission approved an Agreement dated December 21, 13 2004, for the purchase and sale of bulk potable water; and 14 WHEREAS, the City of Boynton Beach and Palm Beach County desire to amend the 15 Agreement; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon 17 recommendation of staff, deems it to be in the best interests of the residents and citizens of 18 II the City of Boynton Beach to approve the First Amendment to the Interlocal Agreement 19 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of 20 Bulk Potable Water. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above 1S true and correct and 24 incorporated herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, upon 26 recommendation of staff, hereby authorizes and directs the City Manager and City Clerk to 27 execute the First Amendment to the Interlocal Agreement between Palm Beach County and 28 City of Boynton Beach for the Purchase and Sale of Bulk Potable Water, which First 29 Amendment is attached hereto as Exhibit "A", S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1st Amendment Bulk Potable Water (2007).doc Section 3. That this Resolution shall become effective immediately upon 2 passage. 3 PASSED AND ADOPTED this _ day of September, 2007. 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 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC -1st Amendment Bulk Potable Water (2007).doc FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POT ABLE WATER THIS FIRST AMENDMENT made and entered into this day of 2007, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and the CITY OF BOYNTON BEACH, FLORIDA, a municipality organized under the laws of the State of Florida (hereinafter "City"). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the City wishes to purchase bulk Potable Water from the County for distribution and sale to customers solely within the City's Potable Water service area; and WHEREAS, the County wishes to sell the City bulk Potable Water pursuant to the terms and conditions of the Agreement dated December 21, 2004 for the purchase and sale of bulk potable water, as modified by this First Amendment; and WHEREAS, the parties desire to amend the Agreement as set forth herein. NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, County and City hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following: 2. Term. The term of this Agreement shall commence upon execution by both parties and shall continue in full force and effect until December 31,2013, except for capacity purchased on a permanent basis, which shall continue indefinitely. 3. Section 4(b) of the Agreement is hereby deleted in its entirety and replaced with the following: (b) "Capacity Fee" - A one-time fee to be paid by City to County to reserve permanent capacity in the County's Potable Water System or an Annual Carrying Cost amount paid yearly to reserve temporary capacity in the County's Potable Water System. The Capacity Fee assessed to the City shall be based upon the Potable Water flow that the City desires to reserve in the County's Potable Water System. This fee is assessed irrespective of the actual quantity of Potable Water flowing through the various Points of Connection; 4. Section 4(d) of the Agreement is hereby deleted in its entirety and replaced by the following: (d) "Commodity Fee" - A fee to be paid by City to County on a monthly basis which is intended to recover County's variable cost of producing and supplying Potable Water to the City at the various Points of Connection. This fee is assessed per one thousand (1,000) gallons of Potable Water delivered by County to the various Points of Connection; 5. Section 7 of the Agreement is hereby deleted in its entirety and replaced by the following: 7 Capacity Reservation. County shall provide City with Potable Water at the varying flow rates required by the City, not to exceed five million (5,000,000) gallons per day (5 MGD). Within thirty (30) days of the Effective Date of this Agreement, the City shall pay the County a bulk Potable Water Capacity Fee of$2.91 per gallon for I MGD of permanently reserved capacity (for a total of$2,910,000.00). In addition, the City may reserve additional temporary capacity by paying an Annual Carrying Cost at the rate of $0.11 per gallon per year. As the minimum daily quantity of water to be purchased under this Agreement (on a take-or-pay basis) is 2 MGD calculated on an annual basis, the City shall be required to have permanent and temporary capacity totaling at least 2 MGD throughout the term of this Agreement. For the first year of this Agreement, the City elects to purchase 1 MGD of additional temporary capacity. Within thirty (30) days of the Effective Date of this Agreement the City shall pay the County for the first year of this additional temporary capacity. In each subsequent year, the City shall notify the County in writing, at least sixty (60) days prior to the anniversary date of this Agreement, of the amount of Potable Water in two hundred fifty thousand (250,000) gallon increments that the City is interested in reserving during the subsequent twelve (12) month period, and pay the Annual Carrying Cost for the capacity it has requested to reserve. The City may also, at any time during this Agreement, reserve additional permanent capacity by paying the bulk Potable Water Capacity Fee of $2.91 per gallon, in two hundred fifty thousand (250,000) gallon increments. The Average Daily Flow rate during any twelve (12) month period shall not exceed the capacity reserved. If such flow is exceeded, the City shall pay an additional Annual Carrying Cost of $0.11 per gallon for the excess capacity used. The Annual Carrying Cost shall be fixed through December 31, 2013. The County is under no duty to provide more than five million (5,000,000) gallons of Potable Water per day, but may, at its sole discretion, provide Potable Water at a higher flow rate if requested by the City. 6. Section 8 of the Agreement is hereby deleted in its entirety and replaced by the following: 2 8 Commodity Fee. In accordance with the December 21,2004 Agreement between the County and the City, the initial monthly Commodity Fee shall be $0.80 per thousand gallons. In accordance with the December 21, 2004 Agreement between the County and the City, on January I, 2010, the monthly Commodity Fee shall increase to the total of $1.15 per thousand gallons plus an upward adjustment calculated beginning January I, 2006, in an amount equal to the prior year's (measured October to October) Consumer Price Index, all Urban Consumers, Water and Sewerage Maintenance, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI") or some other mutually agreed-upon index if the CPI is discontinued, but in no case shall the escalation exceed three percent (3%) annually. Beginning on January I, 2011, and for each calendar year thereafter, this Commodity Fee shall be adjusted upward by an amount equal to the prior year's CPI (measured October to October) or some other mutually agreed-upon index if the CPI is discontinued, but in no case shall the escalation exceed three percent (3%) annually. The Existing Points of Connection shall be used collectively and in common to more evenly distribute the Potable Water flows from the County's Potable Water System into the City's Potable Water System. Any construction costs required to upgrade the Existing Points of Connection to meet the requirements of this Agreement shall be shared by the County and the City. The minimum quantity of Potable Water to be purchased by the City shall be 2 MGD calculated on an annual basis through December 31,2013, regardless of actual usage. 7. Section 13 of the Agreement is hereby deleted in its entirety and replaced by the following: 13. Water Interconnect Agreement: The City and County are currently parties to a 1996 Water Interconnect Agreement, dated 5/7/96 (County Resolution No. 96-567D), establishing provisions for the emergency purchase and sale of Potable Water through the Existing Points of Connection. The Water Interconnect Agreement is incorporated herein by reference, except that the rates set forth in Section 6 of the Water Interconnect Agreement are amended as follows: The parties agree that in the event that requires the City to provide Potable Water to the County, the commodity rate paid by the County to the City, shall be the same Commodity rate that the City is required to pay to the County as set forth in this Agreement. 8. Section 20 of the Agreement is hereby deleted in its entirety and replaced by the following: 20. Termination. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default ninety (90) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Failure to cure said default within ninety (90) days following notice may be grounds for termination of this Agreement. Termination of this Agreement by either party '" .) shall require thirty (30) days prior written notice to the other party prior to the termination date. The parties may mutually agree to extend the time for cure and/or termination. 9. All other provisions of the Agreement are hereby confirmed and shall remain in full force and effect. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 4 IN WITNESS WHEREOF, County and City have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ATTEST: Sharon R. Bock, Clerk and Comptroller PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: Clerk By: Addie L. Greene, Chairperson (SEAL) APPROVED AS TO FORM AND TO LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: Director of Water Utilities ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: Clerk By: APPROVED AS TO FORM AND TO LEGAL SUFFICIENCY By: City Attorney 5 ~".\-r.'!.........OJ>- . .. ...... 1. o . J..1.1 J-. './ '" 'V7'o~0~ CII.-ANNOUNCEMENTS & PRESENTATIONS [tern 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 City Clerk's Office D August 21, 2007 August 6,2007 (Noon.) D October 16, 2007 October 1,2007 (Noon Sl September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon) U September 18, 2007 September 3,2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon) ~ 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 D Public Hearing D RECOMMENDA TION: Presentation of a Certificate of Appreciation to the City of Boynton Beach in appreciation for outstanding support of D Company 2-327 of the 10151 Airborne and selfless service and devotion to the soldiers and their families. EXPLANATION: On February 18,2003, the City Commission passed a resolution re-affirming the adoption ofD Company (Delta Demons) of the 2/327 Infantry, 10151 Airborne Division (AASLT). Since that time, our adopted soldiers have been deployed twice overseas to Iraq. The community wide effort to send letters and care packages to our troops overseas have continued through both deployments and members of the Delta Demons have sent return letters thanking the citizens of Boynton Beach for their patriotic show of support. We have had two July 41b visits, one in 2004 and one in 2007, from soldier representatives of our adopted unit, and city liaisons have also visited our adopted unit as honored guests at the 101s1 army base in Ft. Campbell, KY. We will continue our support of the Delta Demons as they leave for their third deployment to Iraq at the end of September, 2007. PROGRAM IMPACT: NA FISCAL IMPACT: N/A AL TERNA TIVES: Not allow the presentation. 4&~ City anager's Signatur~ Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC APPLICANT ELIGIBLE FOR APPOINTMENT 09/04/07 NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Ba rnes Matthew Planning & Arts Commission 03/05/07 Development Board Cwynar William Planning & 02/28/07 Development Board Glinski Bonnie Cemetery Board 08/24/07 * * * Leuchter Kurt Veterans Advisory 5/9/07 i Commission I ***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does allow one regular member and one alternate member to reside outside the City limits. Those two positions are currently filled. S.\CC\WP\BOARDS\APPMENTS\Board Year 2007\APPLlCANTS ELIGIBLE FOR APPOINTMENT 09-04-07.doc 1 VI.-CONSENT AGENDA ITEM B. f 't((' ;.,;\ (:'" ;/ v ' . , I (fl I .4. I' \ ['\ i,J '. ..<) . ~,,~ () 'V,< CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 ~ Septernber 4, 2007 August20,2007 (Noon) D Novernber 7, 2007 D Septernber 18, 2007 Septernber 3, 2007 (Noon) D Novernber 20, 2007 D October 2, 2007 Septernber 17,2007 (Noon) D December 4, 2007 Date Final Form Must be Turned in to City Clerk's Office October 1, 2007 (Noon c::::> -J October 15, 2007 (Noon~ en November 5, 2007 (Noon& November 19, 2007 (No~ .:r::- D D <:::) AnnouncementslPresentations City Manager's Report en 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: Request the authorization to restore two sections of 8" sewer mains on Quantum Boulevard by utilizing the Polk County Board of County Commissioners Bid no. 06-133 which was awarded to Killebrew, Inc. of Lake land, Florida. The anticipated cost for this repairis $218,314.68. EXPLANATION: The two failing sections ofsewer main are located on Quantum Blvd. near Lift Station 511 and Parkside Town Homes. The pipe1ining in these sections of sewer main has failed. To avoid expensive restoration costs and disruptive traffic diversions and congestion, an alternative to conventional construction methods has been chosen. Pipe bursting separates the existing lined pipe and allows a new 8" High Density Polyethylene (HDPE) pipe to be placed in the existing path ensuring the proper grade and/or slope. PROGRAM IMPACT: The Utility Department recommends pipe bursting as the most effective method of pipeline restoration with the least disruption to surrounding neighborhoods. FISCAL IMP ACT: The funds for this project are available in the Renewal and Replacement Account number 403-5000-590-96-04, Project number SWR064. The anticipated cost for this repair is $218,314.68. ALTERNATIVE: Not replacing the failing sewer pipeline could result in very expensive restoration and remediation at a late< da". I ) ~~L ~ istan irector of Finance City Manager's Signature Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r) 0--1 -\'" --<~o <"") -" :--'q~ ~~-< ...........z 1,)1--1 o 0:;;::: ..." ..."C:O - f'T1 n::> f'T1("') ::I: Memorandum Utilities #07-107 10: BOboyJenKTns----~--------.....- Assistant Finance Director From: Kofi Boateng, PE. ~.-{Jr /<.4~J Utility Director Date: July 25, 2007 Subject: "Piggy-back" Polk County Board of Commissioners Bid # 06-133, Pipe Bursting Rehabilitation Agenda Item The Utilities Department would like to utilize the Polk County Board of County Commissioners bid #06-133 awarded to Killebrew Inc. of Lakeland, Florida. The Utility Department is recommending pipe bursting as a pipeline repair method for restoring two sections of 8" sewer main on Quantum Blvd. The location of the two sections are on Quantum Blvd. near Lift Station # 511 and Parkside Townhomes. The problem with the two existing sections of sewer main is an old pipelining process that has failed inside the pipe. To avoid expensive conventional construction methods, restoration costs and traffic congestions and diversions, a less disruptive alternative to remove the failed liner has been chosen. Pipe bursting the existing line will separate the existing lined pipe and make room for brand new 8" High Density Polyethylene (HOPE) pipe to be pulled along the existing path. The pipe bursting of the existing pipe and separating it creates a conduit for the new pipe to follow and ensures the new pipe maintains the proper grade or slope. Killebrew's cost for the repair is $218,314.68. Funding is available in account # 403-5000-590-96.04 SWR064. Attached is the proposal, bid documents and a map of the construction site. Please present this at the' next Commission meeting for their approval. If you have any questions you can contact me at ext. 6401 or Tony Lombardi at ext. 6421. TLlkb Attachments Xc: Pete Mazzella Barb Conboy Tony Lombardi Dan Spooner George Peck File 07/18/2007 15:51 8537010521 KILLEBREW INC PAGE 01 -----Si-te-De-v-eJGpm.-m-t-Lltiliqcco:ostmc:ti.on.&Engineerin~---- July 18, 2007 Mr. Anthony J. Lombardi Utility Maintenance Manager City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Quantum Commerce Park Sewer Upgrade Area 1 Fax No. (561) 742-6298 Dear Mr. Lombardi, The purpose of this letter is to provide consent from Killebrew, Inc. for the City of Boynton Beach to utilize its annual contract with Polk County Board of County Commissioners for pipe bursting services, titled "Pipe Bursting Rehabilitation Bid 06-133" for construction of the referenced project, and to verify language included in this contract allows. other governmental agencies to utilize this contract for these services. A copy of this contract has previously been provided to the City of Boynton Beach. Please reference page 9, titled "Signature Acknowledgement." The next to the last statement on this page is the statement allowing other governmental agencies to utilize this contract It required a "yes" or "no" or "N/A" answer from Killebrew, Inc., as the bidder. Please note it is checked "yes" which allovys its use by other governmental agencies, in this case the City of Boynton Beach. Once a purchase order is issued to Killebrew, Inc_, an insurance certificate will be procured for this project naming the City of Boynton Beach as additional insured. and a copy will be forwarded to the City of Boynton Beach. I trust this information is satisfactory. If additional information is needed, please call me at your earliest convenience. William C. Thomas, IV, PhD, PE Vice-President/General Manager P. O. Box 6258 · Lakeland. Florida 33807-6258 · Phone: (863) 701-0273 . 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(l) O'C 0 c ~ CO CO 'cl Q: g ~ al~~ OJCl~_~OJ~~.occc .0 ~ u 1ij ~c ~ :> ~ 2 2 "0 R, 0 ,~ C: ;;> ro .- ro OJ 0 :> .- ro ro 0 '-' U '-' "O~g~9.....-'~tfU?~qq~Z(/)(/) co ~ oc (l) ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ o z .- .- .- .- .- .- .-'- > > > > a:, "~~g.g.~~~~~o.i5.e. ~~~~~~~~~~~~.s.s.s.s 1ij ~ ~ ~ 91. 91. ~ ~ !!!. 91. ~ OJ 1ij.~.~ .~ ~ OJ OJ OJ ~'~' -0" -0' ~" ~' -0" ~ '6 "0 "0 "0 o~~~&i&i&i&i&i&i&i&i~~~~ Sl\-rvo;:. I ' . "t, f \ I ' . " \ tD \- - - - -- ):r \ - 0\___,. .... ,., /U ;. -'. ./ " '" '"- ._..? "'" 7""01'1 C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l. 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 August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon) D September 18,2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17, 2007 (Noon) D December 4, 2007 November 19,2007 (Noon) NATURE OF AGENDA ITEM D D D D D AnnouncementslPresentati ons Administrative Consent Agenda Legal Unfinished Business C> -..J :x:- C G"") r) n-l -1-< -~o n""TJ ;-co ""0 ~-< --.'Z ):> ui-i ::l: 0 0- 0:> :." ..... .. ""TJro RECOMMENDATION: 0 n!;; Approve Resolution No. 07-_ to authorize the City Manager and City Clerk to execute an agreement b~een'~ City of Boynton Beach and the Tuscany Bay Homeowners' Association, Inc. to share the purchase cost and use of an emergency diesel-powered pump at a City lift station. Code Compliance & Legal Settlements Public Hearing D D D D D City Manager's Report New Business -..J EXPLANATION: The subject agreement wiI\ allow the Tuscany Bay Homeowners' Association, Inc. and the City of Boynton Beach to each contribute 50% of the purchase price of a new diesel-powered pump that will be permanently installed at the City's lift station no. 927, and sized to operate the lift station during power outage emergencies. The pump will be self-priming, and sized to accommodate the entire sewage flow from the development. The City will purchase, install and maintain the pump for at least 10 years, whereas the Tuscany Bay Homeowners' Association will reimburse the City for its share of the purchase price. PROGRAM IMP ACT: This agreement will allow cost-sharing, and the installation of an additional pump that will allow this lift station to continue functioning during power outage emergencies. FISCAL IMPACT: The net cost to the City is currently estimated at $15,000, yielding a potential savings of approximately $15,000 due to the 50% cost-sharing with the Homeowners Association. ALTERNATIVES: Fully fund any emergency equipment to be installed at this station, without assistance from the Residents' Association. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~.. , . .. . <..: i- \....;.... ... .. ..>; 4, ..;th\~/ Department Head's Signature ...; ;1-- 1lr6Z,~ "' City Manager's SignatUre Assistant to City Manager ~_ UJ., I,.j, eJ Department Name City Attorney / Finance XC: A~ Peter Mazzella (w/attachment) , ~ichael Low " City Attorney Anthony Lombardi File S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC '"""""'~'''''''-'~'~~>\ii<O~'i#iJ!~'''_>......'''-.'','""'''';",,,",,';;, 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND TUSCANY BAY HOMEOWNERS 9 ASSOCIATION, INC., TO SHARE THE PURCHASE 10 COST AND USE OF AN EMERGENCY DIESEL- 11 POWERED PUMP AT A CITY LIFT STATION AND 12 AUTHORIZING THE CITY MANAGER AND CITY 13 CLERK TO EXECUTE SAID AGREEMENT; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, the Agreement with the Tuscany Bay Homeowners Association, Inc., 18 will allow both parties to each contribute 50% of the purchase price of a new emergency 19 diesel-powered pump that will be permanently installed at the City's lift station No. 927; and 20 WHEREAS, the pump will be self-priming and sized to accommodate the entire 21 sewage flow from the development; and 22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 23 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into 24 the Agreement with Tuscany Bay Homeowners Association, Inc., for sharing the purchase 25 cost and use of an emergency diesel-powered pump to be installed at a City lift station. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above ]S true and correct and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 31 approves and authorizes the City Manager and City Clerk to execute the Agreement between S:\CA\RESOlAgreements\Agmt with Tuscany Bay (Emergency pump).doc the City of Boynton Beach and Tuscany Bay Homeowners Association, Inc., for sharing the 2 purchase cost and use of an emergency diesel-powered to be installed at a City lift station, a 3 copy of said Agreement is attached hereto as Exhibit "A". 4 Section 3. That this Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of September, 2007. 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 211 22 23 24 25 26 27 28 ATTEST: 29 30 31 32 Janet M. Prainito, CMC 33 City Clerk 34 35 36 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner -- Mack McCray Commissioner - Carl McKoy 37 38 S:\CA \RESOv\greements\Agmt with Tuscany Bay (Emergency pump).doc AGREEMENT TO PROVIDE SEWAGE PUMP IN THE EVENT OF AN EMERGENCY mIS IS AN AGREEMENT, dated the 13th day of August, 2007, by and between: THE CITY OF BOYNTON BEACH, a municipal corporation, organized and operating under the laws of the State of Florida, with a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to as "CITY"; And THE TUSCANY BAY HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, authorized to do business in the State of Florida, with a business address of 5087 Palazzo Place, Boynton Beach., Florida, hereinafter referred to as "TBHOA". WITNESSETH WHEREAS, TBHOA is a Homeowners Association that owns property located at 5087 Palazzo Place, Boynton Beach., Florida and additional common areas as descn'bed in the documents filed with the County of Palm Beach, Florida and, WHEREAS, TBHOA desires to have the CITY provide a diesel powered pump to be used to operate CITY's Lift Station number 927 in the event of an emergency, or other natural or man-made disaster; and WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the entering of this Agreement; and, NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/lOO ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1.0 The aforesaid recitals are true and correct and are incorporated herein. 2.0 Puroose. The purpose of this Agreement is to authorize the CITY to provide an emergency pump to the TBHOA in the event of an emergency or other natural or man-made disaster. 3.0 ResooDSibilities and Obli2ations: 3.1 CITY shall purchase a diesel powered pump of a sufficient size and power to operate the CITY's Lift Station Number 927. 3.2 CITY will purchase the diesel powered pump, and TBHOA will provide CITY with one-half of the purchase price upon the presentation of an invoice by CITY. 3.3 The diesel powered pump will be installed within the CITY's utility easement and will be instaUed, owned, maintained and operated by CITY. 3.4 CITY will be responsible for installing the diesel powered pump permanently, facilitating all connections to its lift station, and periodically testing the diesel powered pump. 4.0 Term and Termination. This Agreement shall renew from day-to-day, unless otherwise terminated in accordance with the terms hereof. This Agreement shall terminate ten (10) years after the date on which the CITY installs the diesel powered pump, or when the diesel powered pump is no longer capable of being repaired cost-effectively (Le. the cost of repair would not exceed 40% of the value ofa replacement unit), whichever occurs later. Notice of termination shall be addressed to the CITY or TBHOA as provided in this Agreement. UJX>n termination the CITY, at the CITY's option, will remove or replace said diesel powered pump. Ifth~ CITY opts to replace said diesel powered pump a new agreement shall be required for continued service to TBHOA's faCilities. 5.0 Indemnification. The TBHOA agrees to indemnitY and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by Page I of4 the CITY or any third party arising out of, or by reason of, or resulting from the TBHOA's negligent acts, errors, or omissions related to the performance of obligations pursuant to this Agreement.. CITY is a state agency or subdivision as defIned in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents, contractors, or employees to the extent permitted by law. Nothing herein is intended to servi' as a waiver of sovereign immunity by the CITY. Nothing herein shall be construed as consent by the CITY to be sued b;; third parties in any matter arising out of this Agreement or any other contract. 6.0 Default. In addition to the other remedies which CITY may have specifIcally set forth in this Agreement in the event of EITHER party's default, EITHER party shall be entitled to equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 7.0 Notice. Any notice, request, demand. instruction or other communication to be given to either party hereunder, except where required to be delivered at the Closing, shall be in writing and shall be hand delivered or sent by Federal Express or a comparable over-night mail service, or mailed by U.S. Registered or CertifIed Mail, return receipt requested, postage prepaid, to CITY, TBHOA, CITY's Attorney and TBHOA's Attorney, at their respective addresses listed below, or by facsimile transmittal with a receipt certifying delivery: City: Copy To: lBHOA: Copy To: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 Telephone No. (561) 742-6060 Facsimile No. (561) 742-6090 James Cheraf, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard. Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4900 Facsimile No. (954) 771-4923 Stephen J. Kirschner, President 5087 Palazzo Place Boynton Beach, FL 33437-2071 Telephone No. (561) 424-0056 Facsimile No. (561) 424-0088 Larry Schner, Attorney of Record for lBHOA 750 South Dixie Highway Boca Raton, FL 33432 Telephone No. Facsimile No. (561) 368-6266 (561) 368-0211 Notice shall be deemed to have been given upon receipt of said notice. The addressees and addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 8.0 Assi2nment. 9.0 Miscellaneous. The Contract shall not be assignable by either party. 9.1 Counteroarts. This Agreement may be executed in any number of counterparts, anyone and all of which shaU constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identificatior only and shall not be considered in construing this Agreement. Page 2 of 4 9.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both TBHOA and CITY. 9.3 Attornevs' Fees. If any party obtains a judgment against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment. 9.4 Governine: Law. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial. 9.5 Entire Ae:reement. This Agreement sets forth the entire agreement between TBHOA and CITY relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 9.6 Comoutation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non-banking day. 9.7 Time is of the Essence. Time is of the essence and failure of the CITY to exercise the option granted hereby on or before the Option Acceptance Date shall cause this Agreement to terminate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods provided for in this Agreement shall be strictly adhered to. 9.8 No Recordine:. Neither this Agreement nor any notice or memorandum hereof shall be recorded in the public records of any county in the State of Florida 9.9 Interoretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by TBHOA and CITY that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 9.10 Caotions. Headine:s. Etc. Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 9.11 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 9.12 No Third Pam Beneficiarv. The terms and provisions of this Agreement are for the exclusive benefit ofTBHOA and CITY, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any third party. 9.13 Additional Documents. The PARTIES hereby agree from time to time to execute and deliver such further documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intentions of this Agreement. TBHOA hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with TBHOA, that TBHOA has sole interest in the Property and that no other person, entity, or mortgagee has any interest in said Property. 9.14 Lee:.al Reoresentation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contrIbution of both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement on the respective dates Wlder each signature: the CITY through its City Commissioners, signed by and through its City Manager, authorized to execute same by City Commission action on the _ day of ,2007, and TBHOA, by and through the Wldersigned officers duly luthorized to execute same. Page 3 of4 CITY CITY OF BOYNTON BEACH, FLORIDA ATfEST: BY: KURT BRESSNER, CITY MANAGER JANET PRAINITO, CITY CLERK APPROVED AS TO LEGAL FORM: OFFICE OF THE CITY ATTORNEY WITNESSES: TBHOA THE TUSCANY BAY HOMEOWNERS ASSOCIATION, INC., a FloriW(ii,t-for-pr t ration, 1 j i') BY:/ / / Stephen J. Kirschner. President Print Name 54ft f}#tZ Print Name/l STATE OF f/{, /<( Oil /I COUNTY OF /,1L 111 ')tr1-C ;-/ BEFORE ME r du authorized by law to administer oaths and take acknowledgments, personally appeared Stephen J. Kirschner, who i rsonally known to m or who has provided as identification, and acknowledged he/she executed the foregomg n or e use and purposes mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of The Tuscany Bay Homeowners Association, Inc. ) 3 IN WI~. OF ~ FOREGOING, ~dayof 4iA.~ ,2007. . ......ftIMI:.........__ . IIrrIn . ill - n_... IL....... ~ 'lilla' DO ..... .. . ......-......, My CommISSIon Exp : I have set my hand., and official seal at in th~ State aI!d-t::ounty aforesaid on this , , ;' // ~~/'... ,0t~/ v lJjJIJ/1( II DNT:dnt H:\ 1990\900 I 82.BB\AGMT\Fairmont Place Generator.doc Page 4 of 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM D. Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office D August 21, 2007 August 6,2007 (Noon.) D 0 September 4, 2007 August 20, 2007 (Noon) D D September 18, 2007 September 3, 2007 (Noon) D D October 2, 2007 September] 7,2007 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October] 6, 2007 October], 2007 (Noon November 7, 2007 October] 5,2007 (Noon) November 20, 2007 November 5, 2007 (Noon) Legal Unfmished Business ):> -;:,.. C'"') C'"')-I :::;-< -~o n""TJ r-co ''''0 ~-< ...,....z (j)~ o Oz ""TJ ""TJCO -fTl n> l"Tl("') December 4, 2007 November] 9,2007 (NOOTll::> -.J :::- C G') N o NATURE OF AGENDA ITEM o AnnouncementslPresentations D D Administrative D [g! Consent Agenda D D Code Compliance & Legal Settlements D D Public Hearing D City Manager's Report New Business N &"" RECOMMENDATION: Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $34,918.02 in the Sanitation Fund and by $24,011.03 in the General Fund. ::I: EXPLANATION: The City's auditor recommended that various accounts receivable ledgers be reduced on an annual basis for those aged accounts that are more than one year old. This recommendation will eliminate all outstanding accounts dated through September 30,2006 from the general ledger. These accounts have already been turned over to our collection agency (CrediTech) and can still be collected. However, outstanding accounts should not be kept on the City's ledger for more than one year. Collections received after accounts have been removed from the general ledger will be recorded as revenue (Bad Debt Recovery). Please note that effective 10101/07, outstanding fIre inspection fees, which totaled $14,970.45, will be collected by Code Compliance. It is expected that close to 100% of these accounts will be collected in the future. PROGRAM IMP ACT: Establish an annual process to reduce various accounts receivable ledgers for outstanding accounts that are more than one year old. FISCAL IMPACT: This has no impact on the balance sheet of these funds; this is an administrative accounting issue. Both the Accounts Receivable line item and the Allowance for Uncollectible Accounts will be reduced by the amounts listed above. ALTERNATIVES: NONE ;;diQfSigna"", Uz~ City Manager's Signature Assistant to City Manager C#J ~~ C' 0 y 1 Fmance Financial Services Department Name S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FINANCIAL SERVICES MEMORANDUM TO: Kurt Bressner, City Manager FROM: Sue Moroney, Revenue Manager DATE: August 27, 2007 SUBJECT: Receivables Collection Procedures Below lS a flowchart of the city's collection process. 61-90 Days Final Past Due Notice Sent out. 3 1-60 Days Past Due Notice Sent out. Over 90 Days Accounts sent to collection agency, .. CreditTech. Credit Tech acknowledges receipt of accounts. Credit.Tech remits monthly paymimtson collected accounts. The write off process is an annual accounting procedure done at fiscal year end, recommended by our auditors. The accounts will continue to remain at the City's collection agency, Credit Tech. When collected, the money will be applied to the revenue account "Bad Debt Recoveries". Sincerely, Sue Moroney Cc Lori Laverriere Carisse Lejeune Bobby Jenkins CITY OF BOYNTON BEACH SUMMARY SHEET OF WRITE OFFS TOTAL Sanitation/Solid Waste Fund Roll offs/ Special Trash p/u $34,918.02 General Fund SnackBar Lease Tax/Special Police Detail! Photocopies $7,308.40 Annual Fire Inspections $14,970.45 Returned Checks(Non Sufficient Funds) $1,732.18 Total $24,011.03 $58,929.05 City of Boynton Beach Miscellaneous Receivable Write Ofts 10/11105 - 9/30/06 Invoice Number Date Name Description Amount SOLID WASTE FUND 15231 11/10/2006 Abel Clean Solutions Roll off 345.00 15884 2/3/2006 Affordable Design Structure Roll off 204.00 16561 5/8/2006 Affordable Design Structure Roll off 27500 16240 4/5/2006 Alar Alex Special p/u 1,000.00 15028 10/5/2005 Allinace, James Roll off 20172 17107 7/7/2006 Amrhein, Chris Roll off 27500 17463 8/24/2006 Angler, Lewis Special p/u 65.00 16011 2/24/2006 Anicette, Samuel Special p/u 41.66 17086 7/7/2006 Baker, Thomas Roll off 205 00 15071 10/5/2005 Baptiste, Jean Roll off 264.00 15521 12/9/2005 Baptiste, Jean Roll off 27500 17658 9/7/2006 Barfield Roofing Roll off 825.00 15340 11/10/2005 Boulevard Manor Nursing Compactor 533.36 15090 10/5/2005 Bryant Summer Roll off 156.36 16663 5/8/2006 Cocrane Ann Marie Special p/u 4500 15888 2/3/2006 DB Wright Industries Roll off 55000 16404 4/20/2006 Deliverance Holy Temple Roll off 550.00 16592 5/8/2006 Deliverance Holy Temple Roll off 275.00 17055 7/7/2006 Deliverance Holy Temple Roll off 275.00 17337 8/4/2006 Demo Doctor Roll off 67500 17094 7/7/2006 Dennis Kovach@Pride 4Floors Roll off 550 00 17313 8/4/2006 Derisca, Levoyant Roll off 27500 15940 2/3/2006 Edmond, Jean Roll off 150.00 15832 2/3/2006 Ericsson inc Roll off 1 1 00 00 16058 3/8/2006 Ericsson inc Roll off 27500 17671 9/7/2006 Fernandez, Andres Roll off 275.00 15086 10/5/2005 Golibart, Doug Roll off 33350 15936 2/3/2006 Guillaume, Max Roll off 205.00 16667 5/9/2006 Guy, Lillian Special p/u 80.00 17005 7/7/2006 Higgins, Joe Roll off 275.00 15889 2/3/2006 Interstate Hospitality Roll off 1,035.00 16101 3/8/2006 Interstate Hospitality Roll off 34500 16520 5/8/2006 Jean-Francois Roll off 20500 15068 10/5/2005 Jones, Doris Roll off 22244 16534 5/8/2006 King Kamren Demolition Roll off 20500 15942 2/3/2006 Live Oak Landscape Roll off 34500 16668 5/9/2006 Madoche, Max Special p/u 60.00 15692 1/4/2006 Master Contractor Roll off 41500 15990 2/9/2006 Mosling, Bernard Special p/u 4000 15272 11/10/2005 One Stop Bldg Roll off 415 00 15679 1/4/2006 One Stop Bldg Roll off 83000 17309 8/4/2006 One Stop New Interiors Roll off 27500 17042 7/6/2006 Panaces Construction Roll off 27500 16380 4/20/2006 Pearl Realty Inn Roll off 55000 17312 8/4/2006 Pearson, Joyce Roll off 27500 16048 3/8/2006 Perry, Walter Roll off 27500 17293 8/4/2006 Piorkowski, Hugh Roll off 27500 15051 16824 17061 17011 15266 15510 15881 16096 16342 17601 16230 15257 15669 17052 17060 16401 16886 17641 16113 16091 15508 16122 15286 15523 17112 15506 16094 16617 16371 17275 15998 17607 16130 16172 15076 City of Boynton Beach Miscellaneous Receivable Write Offs 10/1/105 - 9/30/06 10/5/2005 Pyramid Construction 6/13/2006 Quality Home Remodeling 7/7/2006 Quality Home Remodeling 7/7/2006 Raven Development 11/10/2005 Real Property Ent 12/9/2005 Real Property Ent 2/3/2005 Real Property Ent 3/8/2005 Real Property Ent 4/20/2006 Real Property Ent 9/7/2006 Robinson, Jason 3/28/2006 Rogers, Micheal 11/10/2005 Royce Builders Co 1/4/2006 Royce Builders Co 7/7/2006 Russell, Louise 7/6/2006 Scarpelli, Justin 4/20/2006 Sicokcki, Chris 6/13/2006 Sports Authority 9/7/2006 Suncoast Stone Inc 3/8/2006 Thunder Autosports 3/8/2006 Tropical Painting & Waterproof 12/9/2005 Trujillo, Alvaro & Angela 3/8/2006 Tufts, Paul 11/10/2005 US Engineering Contractors 12/9/2005 US Engineering Contractors 7/7/2006 Vicente, Jose 12/9/2005 Wallace, Clifford or Cherry 3/8/2006 Wallace, Clifford or Cherry 5/8/2006 Werner, John 4/20/2006 Wessinger, Kent 8/4/2006 Wessinger, Kent 2/16/2006 Willingham, James 9/7/2006 Willonghby, Natalie 3/8/2006 Wilson, Debra 3/8/2006 Winn Dixie #259 10/5/2005 Woodly, Henry GENERAL FUND 15153 11/8/2005 Partners Plus (Previous Tenant) 16670 5/10/2006 OJ Scalera, Grieco & Scalera 17699 9/20/2006 Klausner & Kaufman PA 16671 5/12/2006 Onier L1opiz, Esq 16931 6/28/2006 Regal Boynton 8(out of business) 16220 3/22/2006 Sandra Adams Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Special p/u Roll off Roll off Roll off Roll off Roll off Compactor Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Roll off Special p/u Roll off Roll off Compactor Roll off Prop. Tax on Concession Lease Copies Copies Copies Police Detail Police Detail 338.00 140.00 345.00 275.00 205.00 820.00 205.00 205.00 205.00 20500 80.00 1,250.00 2,475.00 275.00 275.00 345.00 125.00 580.00 275.00 275.00 205.00 1,035.00 3,450.00 690.00 895.00 .. 8.00 275.00 550.00 275.00 275.00 200.00 275.00 275.00 820.48 194.50 34,91802 3,975.24 9.43 261.65 63.58 2,800.50 198.00 7,308.40 City of Boynton Beach Returned Checks 10/01/05 - 9/30/06 NOTICE DATE CK # PAYEE AMOUNT SERVICE 547 Noel, Arielle 266 Hagans, Ralph 120 Wiah, McVilla 1372 Elgersma, Wendy 922 Davidson, Jeffrey 1380 Elgersma, Wendy 109 Smith, Justice 234 Fenner, Lorraine 3006 Mitchner, Pamela 1060 Peak-Lopez, Cynthia 116 Kelly, Eric 635 Garcia, Kimberly 294 Bazzle, William 1023 Wallace, Clifford 403 Rehr, M 10/24/05 12/13/05 01/27/06 03/07/06 03/07/06 03/09/06 04/11/06 04/13/06 04/19/06 04/19/06 05/02/06 05/03/06 06/16/06 08/09/06 09/05/06 300.00 Recreation- Kids Club Camp 25.00 Police- 05-55550 DUI Tape 362.10 Recreation- Facility Rental 13.00 Library 350.00 Recreation-Mens Flag Football 4.50 Library 100.00 Recreation Program 18.00 Library 26.63 Recreation-Pavillion Rental 75.00 Recreation-After Care 150.00 Recreation-After Care 19.00 Recreation-Cheerleading 38.95 Library 225.00 Roll off dumpster 25.00 Police records 1 ,732.18 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES 10/01/05 - 9/30/06 OCCUPANT BALANCE DATE INV # BILLED GENERAL FUND 16965 16966 17025 17028 17030 17032 17038 17056 17071 17076 17078 17083 17111 17121 17147 17192 17220 17237 17258 17262 17268 45 76 111 112 117 142 186 203 242 265 307 308 319 321 326 351 352 366 375 389 392 10/17/05 SUNTRUST BANK 10/17/05 WACHOVIA BANK 10/17/05 AUGIE'S PIZZA RESTAURANT 10/17/05 PAPA JOHN PIZZA 10/17/05 AARON RENTS 10/17/05 JERSEY MIKES SUBS 10/17/05 NIRVANA RESTAURANT 10/17/05 QEC PLUS 10/17/05 JOHNNY'S LIQUOR STORE 10/17/05 EL CARAIBENO CAFETERIA 10/17/05 KINGS JAMAICAN BAKERY 11/08/05 BERKSHIRE PUBLICATIONS 11/08/05 TROPICAL SEA APTS 11/08/05 BEACH CONCESSION STAND 11/08/05 ASPEN AIR CONDITIONING 11 /30/05 ROYAL COIN LAUNDRY 11/30/05 GRENADE STUDIOS/LENARD HARRIS 11/30/05 JR'S BETTER ON A BAGEL 11/30/05 ORECK FLOOR OF FL 11/30/05 C. DOONE INC 11/30/05 ENTERPRISE RENT A CAR 12/14/05 THE GRASS GROOMERS 12/15/05 1 ST DISCOUNT BROKERAGE 12/16/05 ALUMINUM SCREEN INT'L 12/16/05 BELL SOUTH TELECOMMUNICATIONS 12/16/05 ROTARY CLUB TENT 12/19/05 VILLAGE SQUARE COMMON AREAS 12/29/05 JEAN FORTUNE 12/30/05 FRIENDS MARKET 01/03/06 STARBUCKS 01/04/06 RAG SHOP 01/05/06 AMERIGAS 01/05/06 RICH SALTER 01/06/06 METROPOL MUL TICARE SERVS 01/06/06 PYRAMID BOOKS 01/09/06 AMERICLEAN FRESH LOOK CLEANERS 01/10/06 GARDNER CYCLES 01/10/06 WILLIE SMITH PREMIER AUTO 01/11/06 THIRD ST SIGNS 01/11/06 TOSCANINIITALlAN RESTAURANT 01/11/06 NEXTEL RETAIL STORES 01/11/06 ZEN IMPORTS 51.50 71.00 75.00 25.00 103.50 45.00 75.00 45.00 75.00 25.00 45.00 84.00 45.00 45.00 45.00 45.00 45.00 75.00 51.50 51.50 45.00 45.00 45.00 90.00 207.50 45.00 45.00 45.00 45.00 51.50 77.50 58.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES 10101/05 - 9/30/06 401 01/12/06 PHILIP SHARP 405 01/12/06 SKI CONCEPTS 408 01/12/06 ELECTRONIC BOUTIQUE 414 01/12/06 THINGS REMEMBERED #421 431 01/17/06 AMY L. BUDOFF MD 432 01/17/06 HAIR FASHIONS 433 01/17/06 TRADE SECRET 456 01/18/06 LENDERS TRUST MORTGAGE CORP 458 01/23/06 INTERIOR WOODCRAFTS 463 01/23/06 ANNETTE BROWN DAY CARE 466 01/23/06 TELECOM CONNECTION 467 01/23/06 SUNTRUST BANK 468 01/23/06 AJ PARTNERS 478 01/24/06 MARS HALLS OF BB 492 01/25/06 GEORGE'S BILLARDS 512 01/31/06 MANAGEMENT SERVS OF AMER 536 01/31/06 EXPRESS 537 01/31/06 LIMITED TOO 538 01/31/06 SULCUS BLDG/RJ CUNNINGHAM 547 01/31/06 EXCELL RESTAURANT 591 02/03/06 DAYSTAR ACADEMY OF EXCELLENCE 597 02/03/06 DAN CORRIE FURNITURE SERVS 632 02/07/06 MORAN AND SONS DECORATING 655 02/08/06 MOTHERHOOD MATERNITY SHOPS 659 02/08/06 INTRIGUE STYLES 667 02/08/06 HOLLYWOOD VIDEO 679 02/09/06 RAVE #218 683 02/09/06 DOLLAR STAR 685 02/09/06 BOBBY ALLISON WIRELESS 692 02/09/06 FAUX REAL WOOD FINISHES 716 02/14/06 STATE OF FL DEPT OF AGRICULTURE 735 02/15/06 CVS #8119 739 02/16/06 SUNSHINE SQUARE MAINT SHOP 754 02/17/06 WACHOVIA BANK BLDG COMMON AREA 759 02/17/06 LAMONS APTS 761 02/17/06B&GLLC 765 02/17/06 ATLANTIC DRIVE APTS 769 02/22/06 FLOWERS BY BIANA 780 02/22/06 OFFICE DEPOT 784 02/23/06 VICTORIA'S SECREST 813 02/24/06 DANTES IMMIGRATION 819 02/24/06 PINETREE APTS 823 02/27/06 SPORTS AUTHORITY 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 51.50 35.00 45.00 136.00 45.00 201.00 51.50 51.50 77.50 58.00 45.00 75.00 75.00 45.00 45.00 45.00 45.00 51.50 51.50 58.00 45.00 45.00 51.50 103.50 45.00 45.00 45.00 45.00 45.00 45.00 233.50 71.00 45.00 45.00 311.50 835 851 852 862 875 878 884 898 899 901 902 911 917 942 957 963 970 974 976 998 1004 1014 1020 1021 1025 1029 1038 1085 1101 1102 1109 1129 1130 1137 1146 1151 1152 1154 1155 1157 1158 1164 1167 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES 10/01/05 - 9/30/06 02/28/06 BOYNTON VISTAS 03/02/06 DES LOTHIAN WELDING 03/02/06 MEDA TLANTIC INTERNL 03/02/06 BIKE AMER 03/02/06 CRACKER BARREL 03/03/06 STORAGE MIKE LEVY 03/03/06 BLESSED BEAUTY 03/06/06 PIERCING PAGODA 03/06/06 EXPRESSIONS IMAGE CORP 03/06/06 CINGULAR WIRELESS 03/06/06 SILVER & GOLD CONNECTION 03/07/06 THE GOLDEN RULE 03/08/06 PA YLESS SHOE STORE 03/13/06 STAPLES 03/14/06 JAY WEINSTEIN 03/15/06 MARSHALLS OF BB FL 03/15/06 POLY PLASTIC PACKAGING 03/16/06 JEWELRY PLACE 03/16/06 PB LEISUREVILLE REC 1 03/20/06 PRECISION SIGNS & GRAPHICS 03/21/06 ACCESSIBLE HOME HEALTH CARE 03/23/06 WINN DIXIE #259 03/23/06 BOBBY ALLISON WIRELESS 03/23/06 P&L APTS 03/23/06 SUNSHINE SALONS 03/23/06 CEDAR RIDGE CLUBHOUSE 03/24/06 GODFATHER ATV 03/30/06 JOHNNY MANGOS FARM MARKET 04/03/06 T J MAXX CO 04/04/06 STORAGE JACK CONDA TORE 04/04/06 DEL MAR CLEANERS 04/10/06 WHOLESALE FLOORING DEPOT 04/1 0/06 ASSEMBLY OF THE VOICE OF THE 7TH 04/12/06 AUTO ZONE 04/12/06 FIRST TRUST MORTAGE 04/13/06 FONTANA CUSTOM DESIGN SHOWROO~ 04/13/06 HOME DEPOT #224 04/13/06 LOWES 04/14/06 SMART HOME THEATER SYSTEM 04/14/06 BEYOND THE SEA 04/14/06 CHICOS MEAT MARKET 04/17/06 BOBBY ALLISON WIRELESS 04/17/06 BP 45.00 45.00 45.00 58.00 75.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 58.00 168.50 45.00 25.00 175.00 45.00 77.50 45.00 25.00 207.50 50.00 45.00 45.00 45.00 50.00 45.00 201.00 45.00 45.00 45.00 45.00 84.00 51.50 50.00 450.00 450.00 45.00 45.00 45.00 50.00 45.00 1170 1173 1178 1186 1194 1197 1219 1222 1241 1261 1279 1293 1294 1297 1301 1310 1319 1333 1336 1346 1349 1376 1392 1395 1404 1407 1408 1411 14"13 1422 1427 1431 1445 1468 1469 1476 1482 1483 1494 1495 1500 1535 1538 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES 10/01/05 - 9/30/06 04/17/06 PROTECTION ENGINEERING SYSTEMS 04/17/06 PA YLESS SHOE SOURCE 04/17/06 GNC STORE #8544 04/18/06 ROSSES SCHOOL OF KARATE 04/19/06 BURGER KING #3397 04/19/06 PLASTER TIME 04/20/06 ADVANCED AMER CASH ADVANCE 04/20/06 HAIR CUTTERY 04/21/06 NORTHWOODS 1 04/25/06 WINN DIXIE#256 04/26/06 OASIS EQUITY GROUP 04/27/06 AMERIDIVE 04/27/06 LAW OFFICES OF DAVID GINZBURG 04/27/06 PROVIDENT MISSIONARY BAPTIST CHUI 04/27/06 GREENACRES CONDOS 04/28/06 CORAL APT FBM LEASING 05/01/06 WINN DIXIE #259 05/03/06 ANN RUTHERFORD PA 05/03/06 LEE DAVID INTERIORS 05/05/06 WAFFLEHOUSE RESTAURANT 05/05/06 VICTIRIA'S SECRET 05/10/06 THE PRINTING PAD 05/11/06 SHOOTOUTS 05/12/06 CHEM DRY INTERCOASTAL 05/15/06 PLAY IT AGAIN SPORTS 05/16/06 AVIS RENT A CAR 05/16/06 SEARS 05/16/06 SEARS AUTOMOTIVE CENTER 05/16/06 BB ASSISTED LIVING FACILITY 05/18/06 SMART STYLE #6495 05/18/06 BURGER KING #3397 05/18/06 SOUNDS OF JOY RECORDING STUDIO OS/23/06 WACHOVIA BANK BLDG COMMON AREA OS/26/06 AVENUE DELIVERY OS/26/06 CORY DWYER 05/31/06 CANT REACH ME/COMMUNICATIONS RE 06/01/06 STOP N SHOP MARATHON 06/01/06 DRYCLEAN USA OF FL 06/05/06 VICTORIA'S SECRET 06/05/06 ANN TAYLOR LOFT 06/05/06 THE DRY CLEAN DOCTOR 06/20/06 TRIUMPH THE CHURCH & KINGDOM OF I 06/20/06 GRANITE TELE COMMUNICATIONS 64.50 51.50 45.00 45.00 75.00 45.00 45.00 45.00 45.00 266.00 45.00 45.00 45.00 45.00 45.00 45.00 50.00 45.00 45.00 50.00 50.00 45.00 75.00 45.00 50.00 45.00 450.00 155.50 220.50 45.00 100.00 45.00 50.00 45.00 45.00 45.00 45.00 45.00 100.00 50.00 45.00 45.00 51.50 1542 1555 1562 1569 1584 1623 1625 1630 1636 1638 1671 1672 1684 1687 1708 1711 1737 1750 1763 1782 1788 1798 1806 1808 1815 1835 1837 1838 1840 1855 1856 1864 1865 1870 1875 1892 1908 1926 1939 1966 1974 1978 1999 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES 10/01/05 - 9/30/06 06/21/06 AHRENS AUTO 06/23/06 SOUTHERN BELL WAREHOUSE 06/27/06 PLASTER TIME 06/29/06 AMERIDIVE 07/10/06 PLASTER TIME 07/18/06 HURRICANE IMPACT GLASS 07/18/06 CUSTOM LAWN SERV 07/18/06 APTS 07/20/06 DIRECT DESIGN 07/24/06 GREENACRES CONDOS 07/26/06 ROBT DAVIS APTS 07/26/06 SEACREST APTS 07/27/06 SELBERG APTS 07/27/06 BATES APTS 08/01/06 SHOOTOUTS 08/01/06 MEADOWS SHOPPING PLAZA 08/08/06 PALMWA Y CONDOS 08/10/06 JC PENNEY 08/15/06 EXXON 08/17/06 STRAUSS & WASSNER BLDG 08/17/06 PL ALUMINUM 08/21/06 HUMAN RESOURCES WASH MUTUAL 08/22/06 N&D AUTO BODY 08/22/06 FL TRUCK MAINTENANCE 08/22/06 CHARLIE'S AUTO REPAIR 08/25/06 TRANSWORLD 08/25/06 ATLANTIC GRANITE 08/25/06 SOUTHERN COLLISION CENTER 08/25/06 SKINNER'S MASTER CARS 08/31/06 BOYNTON COMMERCE CENTER 08/31/06 FLOWERS DISTRIBUTION 09/01/06 AUSTIN WELDING 09/01/06 HIGHRIDGE COMMERCE CENTER 09/05/06 JORDAN WRECKER 09/05/06 EDWARD LAMONS WELDING 09/07/06 ALL COMFORT AIR 09/11/06 AFFORDABLE WOOLBRIGHT AUTO CEN- 09/12/06 All'S MAJESTIC SERVS 09/12/06 MAXIM HEAL THCARE SERVS 09/15/06 SNOW AUTO REPAIR 09/15/06 IDEAL PAINT AND BODY 09/18/06 VASCULAR IMAGING ASSOC 09/20/06 TRT PRODUCTIONS 45.00 71.00 50.00 50.00 100.00 64.50 45.00 45.00 51.50 50.00 45.00 45.00 45.00 45.00 50.00 100.00 45.00 450.00 45.00 45.00 51.50 45.00 45.00 58.00 45.00 45.00 64.50 64.50 45.00 45.00 84.00 45.00 450.00 51.50 45.00 45.00 51.50 45.00 51.50 45.00 77.50 45.00 45.00 CITY OF BOYNTON BEACH FIRE INSPECTION RECEIVABLES 10/01/05 - 9/30/06 2000 09/20/06 E-Z DRAWER 2002 09/20/06 MARINA VILLAGE FUEL DOCK & MARINA 2006 09/21/06 DR. MARK ROBERTS 2033 09/28/06 VISUAL PRODUCTS INC 45.00 45.00 0.45 51.50 14,970.45 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office r8J August 21 , 2007 August 6,2007 (Noon.) D October 16, 2007 October], 2007 (Noon D September 4,2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon) D September] 8, 2007 September 3,2007 (Noon) D November 20,2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19, 2007 (Noon) 0 Announcements/Presentations D City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business r8J Public Hearing 0 RECOMMENDATION: Please place this request on the August 21, 2007 City Conunission Agenda under Public Hearing. The applicant had requested postponement on July 17th until August 21, 2007 in connection \vith his recovery from throat surgery. The Community Redevelopment Agency Board recommended on May 8, 2007, that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-031. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Harbor Cay (SPTE 07-006) Sid E. van Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. PROGRAM IMPACT: NIA FISCAL IMPACT: N/A ALTERNATIVES: NIA ~A~ City Manager's Signature Assistant to City Manager CJ.NA/ ~ r~~ ./ Planning and Zoning Dir tor City Attorney 1 Finance S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE 07 -006\Agenda Item Request Harbor Cay SPTE 07-006 8-2] -07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-031 TO: Chair and Members Community Redevelopment Agency Board Michael Rumpf ~ Director of Planning and Zoning Kathleen Zeitler b- Planner THRU: FROM: DATE: May 1, 2007 PROJECT: Harbor Cay (SPTE 07-006) REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Harbor Cay, LLC Applicant I Agent: Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC location: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "A") Existing land Use: Special High Density Residential (SHDR) Existing Zoning: Infill Planned Unit Development (IPUD) Proposed land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Townhouses Acreage: 1.429 acre Adjacent Uses: North: To the north is developed mUlti-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REe) and Multi-family Residential (R-3); South: To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRe) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LDR) and zoned Single-family Residential (R-1-AA); East: To the east is developed single-family residential, classified Low Density Residential Pag~ 2 Harbor Cay SPTE 07-006 (LDR) and zoned Single-family Residential (R-1-AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEe) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (l)-year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006, The site plan approval is valid for one (1) year from the date of approval. If this request for a cine (l)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to May 2, 2008. The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "8'') proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish- Mediterranean accents in the contemporary / modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department", Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "e"), the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2009. Page 3 Harbor Cay SPTE 07-006 The site plan time extension is still subject to the origi nal 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified, As for application of the Art in Public Places 0 rdinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05 -060 as stated in the original conditions of site plan approval. Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff recommends that the applicant pay the fee amount prior to final action by the City Commission on this extension request. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP 06-011), If this request for extension were approved, the expiration of this site plan would be extended to May 2,2008, Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site pia n approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"), S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc '-'-' '-'I \ I ,'-' ... IVII\.I Harbor Cay ______I I .rir: I I 7 I .., t ;, ~I .... I ~j j "t- C~3 ..... C) J EE ' 4~.~ I ';J.~.. . PUD .L1.).... . ..... ;:' '" " I I . I r S'lI:oject Slim ~,. 11 r'~ I w,a,. I ..~~ ~~ G"C:tBLWI .. ..1 c.3!1 .i.~...'....! ftz::., ):' .~.. .,r ;; ::r;:..' , C 2 7 ..f .1,;..; R-3 - ..l '!::l:;' j~L'~';~':""1 bG~ 1~ ~'1 , r ,J D "~'.;',f" .... D [:il .. I ~ JIC.l~. <j .I u REC Exhibit "A" ..!.~;; ::1- :~ "'4)' ~' ...:J.'f-- ~. c z= I R(AA F@tterRoaa' I R-3 J 1'1)r;"/ n;.' I -,.,..~ Las P.almas]~k IPUD REC 200 100 I o 200 400 600 I I I / I ~ ~ r,. ; :< ';:..... i:", '. ::. . : . :<l '.'." '. 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I ~~ UtUlOU dfJ i fi I I f h; ~ E .. n . ~ ~. d ~ ~s n ;erf[,~ 'f - f I i ~ n ~ ~ ~ ~ ~ n ~ n n iii ~. rl · r It ~ ; I i BHBU HI! ; II ~gf::::i :~~!. ~~I nU1Erl EmU -c .,r- Ic) I~ ,-I ~I: ( ~ ! . ! I mil Il~ !:"r .;f' if!": , 'iI,' HARBOR CAY TO-NHOUSES 600 LAKESIDE HARBOUR BOJ'nton B_eIl, F10rtda IRKS ,- I ....-~_u.................N....,........JIC'! 1=; """"FAX~ 1rMrlor0000DO l/ /U/ff/V/?' ~ ..II.,. ,- ~ - "A1~' ~ :' Iff~ _~~-.....Lo =::-~: ~ ", ~ inJ, ~ ~ ~1 Zll : ' lW -- tIN.:~ PL,.,NNING ,.,NO ZONING DEP1 March 9, 2007 Board of Commis.c::ioners The City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Development Order Extension Gentlemen: Please accept our request for an extension of twelve months for Boynton Beach Resolution 06-097, a Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway. Due to various delays in obrnining approval for the underground utilities, only recently resubmitted after substantial prior oonsultation along with the expectation of further oomments requiring additional reronfiguration and another round of resubmiSsion, and the sequential nature of the process whereby the plat cannot be delineated until the civil engineering is approved, and in light of the extensive Conditions of Approval1hat must be addressed; it is not likely that a oonst:ruclion permit will be secured before the Development Order expires on May 2nd of 2007. Thank you, in advance, for your time and oonsideration. We trust tbatthe Board of Commissioners shall look upon our petition with kindness and generousity, Sid E. von ChiefExecufive Officer AmerCan Development Corp. The Man::!ging Member-for Harbor Cay, ILC Harbor Cay, LLC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005 www.barborcay.com EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 07-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X I I PUBLIC WORKS- Traffic I I Comments: None X I UTILITffiS I Comments: None X I FIRE Comments: None X POLICE I Comments: None 'V I A i ENGINEERING DIVISION I I Comments: None I X I I BUILDING DIVISION Comments: None I X I PARKS A.N"D RECREATION I I i Comments: None X I I I FORESTER/ENVIRONMENT ALIST I Comments: None X PLANNING AND ZONING Comments: Conditions of Approval Harbor Cay SPTE 07-006 P 2 age DEP ARTMENTS INCLUDE REJECT II 1. The site plan time extension shall be subject to all previous Conditions of X Approval. 2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X prior to [mal action by the City Commission on this Site Plan Extension request ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, LLC APPLICANT'S ADDRESS: 605 Lakeside Harbor Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 postponed and heard on July 17, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. 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 pubiic 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\Harbor Cay\SPTE 07-006\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes, Ms. Horenburger seconded the motion that passed unanimously. V. Consent Agenda A. Approval of the Minutes-CRA Board Meeting-April 1, 2007 (pulled by Ms, Horenburger) B. Approval of the Monthly Financial Report and Budget Amendment C. Sea Mist Acquisition Status (info. only) (pulled by Ms. Heavilin) D, Review of Infill Site Plans & Home (pulled by Rev. Chaney) E. Marketing and Communications Update (info, only) F. Residential Improvement Grant Program (info. only) (pulled by Ms. Heavilin) VI. Public Comments Chair Tillman opened the floor for public comments. No one having come forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Old Business: None New Business: Attorney Spillias announced Items VILA. and VILB. were quasi-judicial proceedings. He provided an explanation of the quasi-judicial procedures and requested board members disclose whether they had any ex-parte cor.lmunications, None were disclosed Attorney Spillias administered the oath to all persons who would testify. A. Harbor Cay Site Plan Time Extension 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Description: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side of Federal Highway; approximately 150 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. 1. Project: Agent: Owners: Location: Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for 23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was delayed due to required reconfiguration of underground utilities, civil and engineering plan revisions, platting delays and construction plan revisions necessary to address the conditions of approval. Their concurrency project buildout year is 2009. The site plan time extension was still subject to the original 85 conditions of approval. Staff recommended approval to extend to May 2, 2008, with the following conditions of approval: (1) the site plan time extension would be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity Reservation Fee amount due to the City prior to final action by the City Commission on the site plan time extension request. Chair Tillman opened the floor for public hearing, Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension. He advised they had worked with City staff on the water issue for the past eight months. A six-foot wide public easement was recently discovered on their property, and would be utilized to remedy the issue. Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work with Mr. von Rospeunt; however, he was not willing to work with them on several issues with respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would like for the project to move forward and upon approval of the extension, would request construction of a privacy wall and for the gate to be moved back. Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the developer's property on the southeast side, remarked the extension should have been applied for in advance of the expiration of the site plan time extension, and he did not believe the developer had any intention of building, He believed the project would be beneficial and would agree with the extension if the developer installed a stucco masonry wall on the site separating the single-family properties from the project; relocated the residential community gate to the east side of his property, ensuring it was in proper working order; and completed all work within the next four months. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed; however, if it was removed, application would have to be made for a building permit and it would be necessary to have a turnaround lane installed in front of the gate and past their property; (2) the road currently at the site is approximately five to six feet less in width than the new road they were are putting in; (3) when the developer purchased the property, the gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a masonry wall to separate the residences from the project. Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall would be constructed. Mr. von Rospeunt advised they could not build a wall unless they had the approval of their utilities and a development order. No one would issue any permits to them for a perimeter wall in order to protect the residents at Harbor Cay, as well as to the south, north and east of the community. No one else having come forward, Chair Tillman closed the floor for publiC hearings, Chair Tillman commented he had listened to several extension requests and project proposals and on several occasions, homeowners professed their opposition to the project. However, there appeared to be no overall resistance to this project, with the exception of some minor Issues which should be worked out, Secondly, with regard to the issue previously addressed by Ms. Horenburger wherein the City Commission would explore an 18-month extension in lieu of the 12-month extension, Chair Tillman inquired of staff whether this had been explored and the status with respect thereto. Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12 months for the initial site plan approval. Ms. Heavilin expressed confusion as to severa: of the comments made. The applicant did not respond to the issue of the dock damage and she requested he do so. Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on several occasions, They pulled permits for the dock and filed the extension for the dock permit; however, they would want to perform the dock work when the entire area was redone in order to avoid construction of a substandard dock. The developers had suggested they would remove the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the pool area and plaza. Rev. Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer. Mr, von Rospeunt commented they committed to build a new dock to enrich the community, and it was their intention to do so. However, if they bore the expense, they would build the dock to their specifications in order that it would be constructed properly. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Rev. Chaney inquired of staff whether any Tax Increment Funding (TIF) or other incentive funding was involved in this extension. Mr. Zeitler replied there were none. Ms. Horenburger remarked that it appeared the developer was unable to move forward with the project for the reasons outlined in the backup material. However, after considering all of the comments made, she concluded there was also a problem with cooperation on both sides, She inquired as to why the developer was unable to meet the City's requirement to pay the Capacity Reservation Fee within seven days of the original site plan approval and whether this was an undue requirement which the developer could not meet while others could. Mr. von Rospeunt commented they considered the requirement to be unreasonable as they did not know how many water meters were needed at the time. Ms. Horenburger inquired of staff as to how COMmon it was for people to not pay their Capacity Reservation Fee in a timely matter. Ed Breese, Principal Planner, indiceted the fee was generally paid within seven days. Motion Ms. Horenburger moved to grant the request for a six-month time extension, subject to payment of the Capacity Reservation Fee and compliance with all of the other conditions of approval. Mr. Sims seconded the motion for discussion purposes. Chair Tillman advised he believed granting a six-month extension could set a negative precedent, as it had been the City's policy to grant twelve-month extensions. Further, the developer requested the twelve-month extension in order to deal with hardships and Chair Tillman would want the developer and homeowners in the adjacent communities to have as much time as needed in order to resolve the issues. Mr. Sims contended he would be concerned about setting a precedent and would not be comfortable with granting a six-month extension at this time, although it could be something for the board to explore. He added he hoped the developer and homeowners would work through the issues within the year, as he would be hard pressed to vote in the developer's favor again. Ms. Heavilin advised that she would support the 12-month extension and urged the developer and residents to be open minded and work things out. Rev. Chaney commented he would support the 12-month extension as well and emphasized cautioning developers coming into the City to do due diligence in working with neighbors, as it was the board's responsibility to ensure the needs of the entire community would be served. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 8, 2007 Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if the Capacity Reservation Fee was not paid as required by the City's Code. Attorney Spillias advised the standard for making a decision was based upon competent substantial evidence to support the decision. In terms of precedent, the board members would have to consider whether they treated people who were similarly situated in a similar fashion. These were basically the standards to be applied by the board in making a determination. If the board believed there was substantial evidence that established the individual was not similarly situated, that would be the basis for a decision to grant something other than a year's extension. If the board did not believe the differences in this instance were significant enough to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence, Staff had recommended a year's extension after their review, which would be part of the record as well. Chair Tillman called the question on the motion to grant a six-month extension, Vote The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting. Motion Mr. Sims moved to approve the one (1) year site plan time extension including all conditions recommended by staff, Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger dissenting, B. Boynton Beach Lofts Site Plan time Extension Location: Description: Boynton Beach Lofts (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifert/Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time Extension for site plan (NWSP 05-008) and height exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008, 1. Project: Agent: Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division received the extension request on April 4, 2007, approximately ten days prior to the expiration of the previous site plan time extension. According to the applicant, since the project's last site plan time extension, the developer had completed working drawings, had worked toward the marketing and sales of future units, completed a website, cared for onsite landscaping and secured County Civil permits, To date, the developer had spent nearly $730,000 toward the project, However, as a result of current market conditions, the developer was not able to pull a permit and was currently working with the CRA to modify the plans to make the project more 6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORLn VIII.-PUBLIC HEARING ITEM B.' Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office September 3,2007 (Noon) D October] 6, 2007 D D D October 1,2007 (Noon D August 2], 2007 o D D August 6, 2007 (Noon.) September 4, 2007 August 20, 2007 (Noon) November 7, 2007 October 15, 2007 (Noon) September] 8, 2007 November 20, 2007 November 5, 2007 (Noon) C'") C'"}::j ::j-< -<0 ("')" . -- en ''10 :""J.....- -0 ::'~:i ::it' V>-l as? ..,,-- .."en - "., C'"}):> f"TlC'"} ::t:' RECOMMENDATION: Please place this request on the September 4,2007 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board on August 14, 2007, recommended that the request be approved. Please note that following completion of the staff analysis and report, staff realized that this project is now subject to the workforce housing ordinance as the ordinance was written to apply to projects classified as "Special High Density Residential" and subject of a time extension request. The applicant has been informed of this requirement, and specific obligations will include ensuring that 20% of the total number of proposed units will be workforce units. If such units are provided on-site, 25% shall be set aside for low-income households, and the remaining 75% for moderate income households. Further, if a minimum of 80% of the proposed units would be priced above $500,000, the workforce housing obligation can be met by paying a fee-in-lieu. Payment per unit is dependent on the number of bedrooms as specified in the ordinance. For further details pertaining to this request, see attached Department Memorandum No. 07-073. October 2, 2007 September 17,2007 (Noon) December 4, 2007 November ]9,2007 (NWh) -..J :t:a c:: G") N a Consent Agenda D D D D D City Manager's Report New Business NATURE OF AGENDA ITEM D D D D o Administrative PuInolUlcements/Presentations Code Compliance & Legal Settlements Public Hearing Legal UnfInished Business ~ w CO EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Casa del Mar (SPTE 07-009) Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard, and Miskel LLP Ocean Boulevard Properties, LLC 2632 North Federal Highway, east of U.S. 1, north of Dimick Road Request for a one (1) year site plan time extension for the Casa del Mar proj ect, consisting of 42 fee-simple townhouse lUlits and 40 multi-family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD). PROGRAM IMPACT: NIA FISCAL IMP ACT: NI A ALTERNATIVES: NIA i~~ City Manager's Signature Assistant to City Manager ~ z Planning and City Attorney 1 Finance S:\Planning\SHARED\WP\PRO CTS\Casa del Mar\SPTE\Agenda Item Request Casa del Mar SPTE 07-009 9-4-07.doc S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM. DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-073 Chair and Members Community Redevelopment Agency Board Michael Rumpf W~ Director of Planning and Zoning. . Kathleen Zeitler }LZ..-- Planner August 7, 2007 Casa del Mar (SPTE 07-009) Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Applicant / Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Ocean Boulevard Properties, LLC Bonnie L, Miskel, Esq" Siegal, Lipman, Dunay, Shepard, & Miskel, LLP 2632 North Federal Highway (see Location Map - Exhibit "AfT) Special High Density Residential (SHDR - 20 du/ac) Infill Planned Unit Development (IPUD - 20 du/ac) No change proposed No change proposed 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units (19.95 dwelling units/acre) 4,11 acres (179,130 square feet) Property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved for 30 townhomes and 40 condominiums at a density of 19.94 dwelling units per acre (under construction Peninsula at Boynton Beach project); Right-of-way for Dimick Road, and farther south at the intersection with Federal Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); Page 2 Memorandum No. PZ 07-073 Casa del Mar SPTE 07-009 East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right- of-way for Lake Drive, and single-family residences on the east side of Lake Drive that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); and, West: Right-of-way for Federal Highway, and FEC Railroad, then farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD), BACKGROUND Ms. Bonnie Miskel, Esq., agent for Ocean Boulevard Properties, LLC (property owner) is requesting a one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015), which was approved by the City Commission on July 18, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (l)-year time extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 18, 2008. (At the time of site plan approval in July, 2006 the regulations allowed a total of one (1) year to secure a building permit; however, the regulations have since been revised to allow a total of 18-months to secure a building permit). The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area 1. According to the original site plan staff report, the proposed Casa del Mar project is an Infill Planned Unit Development approved for 42 fee-simple townhouse dwelling units and 40 multi- family (condominium) dwelling units. The project has been approved for the following: a Land Use amendment (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) to the Special High Density Residential (SHDR - 20 dujac) classification; a Rezoning (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single- Family Residential (R-1AA) to Infill Planned Unit Development (IPUD) zoning district; a new Site Plan (NWSP 06-015); and a Height Exception (HTEX 06-007). The 82 units are proposed in one (1) phase on the 4.11-acre site (see Site Plan - Exhibit "B'). The 42 townhouse units are proposed within 11 separate buildings consisting of three (3) to four (4) units each. According to the floor plans, all proposed townhouse buildings are three (3) stories, and each unit includes three (3) bedrooms, three and one-half (3.5) bathrooms, and a two-car garage. The floor plans propose several townhouse models ranging from 2,758 square feet to 2,984 square feet. A four-story, 40 unit condominium building with an under-story parking garage is proposed on the east portion of the subject property. Each floor would have a total of ten (10) condo units, and each unit would consist of two (2) bedrooms, two (2) baths, plus a den. The recreation area would be located at the eastern portion of the development overlooking the Intracoastal Waterway. It would include a swimming pool and a 1,348 square foot clubhouse building with restrooms, a kitchen, multi-use space, and lanai for the use of the residents and their guests. The design of the proposed townhouse buildings and clubhouse will resemble Spanish style architecture with slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and windows. The condo building will resemble a mixture between a Spanish-Mediterranean style and a modern design, with many of the same features. The exterior walls of the buildings would consist of the following colors: peach, cream, yellow, and white. Page 3 Memorandum No. PZ 07-073 Casa del Mar SPTE 07-009 The adjacent property to the north (Peninsula at Boynton Beach) has been similarly rezoned to IPUD and approved for a total of 30 townhomes and 40 condominiums. Both projects require a perimeter landscape buffer along their common property line which includes the requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to utilize their perimeter wall rather than building one immediately adjacent to it", These forthcoming adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance corridor to the City. ANALYSIS At the time of site plan approval for the Casa del Mar project, the Land Development Regulations stated that the applicant shall have one (1) year to secure a building permit from the Development Department. This site plan expiration provision has since been revised to allow a total of 18-months to secure a building permit. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for a site plan time extension on July 12, 2007, a total of six (6) days prior to the expiration date of the new site plan (see Exhibit "C"). According to the justification submitted for the requested time extension, the applicant lists the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) purchase of the property in January, 2007; (2) obtained a Statewide Programmatic General Permit (SPGP); (3) filed a joint application with the South Florida Water Management District (SFWMD) for a State Environmental Resource Permit (ERP) to allow dredging and filling within the Intracoastal Waterway; (4) filed an amendment to the ERP to include docks; and, (5) responded to SFWMD's request for additional information in March, 2007, The applicant explains that the state review process is lengthy and obtaining permits for this location requires the review of several state agencies, The applicant further explains that an application for a building permit will be submitted after obtaining all the necessary state permits. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the Casa del Mar project based on a total of 82 proposed residential units, Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County, No building permits are to be issued after the build-out date of 2008. The site plan time extension is still subject to the original 74 conditions of site plan approval, Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060)/ this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval, Page 4 Memorandum No, PZ 07-073 Casa del Mar SPTE 07-009 SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 06- 015) for the Casa del Mar project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to July 18, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Casa del Mar project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\Staff Report.doc Exhibit "A" - Site Location Map Casa del Mar .- , , ',/ 12562.5 0 125 250 375 500 ~- 'Feet N w.' s EXHIBIT "B" ... - 11: ,> !~ rn ~ '" -l rn ...... !!!!!!!~~ ffsssssl~ 1,.....1" ~ rllllll ~ 1I1111.~ IIIIIII~ ,.....1 - FLORIDA L(sr COAST ~ U,s. J STATE RO.(J) 6 ~ -7 ('~ fZlInr ~ JtIQIrr..o'-r. 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I........ r....... . . S I.. In'.. H'. II. ~~cc!l: ~ I ~.. lI:,.!I: !':!C!t!ll!l:~J:!I: !I:!tJcJ:!Cc" I ~I~;~'u l ;, ~BP ;;~,~fI ;I,,~.! . . . . . I ~lIilWltte l !II. I !C !l:1,~!t !I:!t~~~!I:!C ~c~~~~&~, LAKE DRIVE ----::: (40' RIGItT-oF-rrAY) - . ~ ~ 5 ( f J ~ ~ . ~ . i ( ~ . . . .~ !u. n . ,:lIP :ail I - III lIill!!!!11 II ~~~~ Ill!ll 111I11 ~I!t I Iii ,!.II I '4~~~RY 1111111'.1 Jail c ....~~......~~----~N.l.MlIllftlI......... -.-.OI',......-...""""'-.......-..NNGOUCID_ClOnID..M<<__"""'WIOnH.~'"" -...Iwun.t_.......___~JMC. ~ I Ii I I L ..J S IEGEL, LIPMAN, DUNAY. SHEPARD & M ISKEL. LLP EXHIBIT lie GARY S. DUNAY KENNETH W. LIPMAN BONNIE MISKEL .JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA. SUITE 80 I 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 (56 I) 368-7700 FAX, (561) 368-9274 WWW.SLDSMLAWCOM LINDA B. LYMAN July 5, 2007 JUL , 2 Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Casa Del Mar ("Project") Dear Mr. Rumpf: The purpose of this letter is to request a time extension for the approved Casa Del Mar project (NWSP # 06-015) located on North Federal Highway. This project was approved for the development of 82 condominium units on a 4.11 acre parcel in the Infilf Planned Unit Development (IPUD) zoning district. This project was originally approved on July 18, 2006 and will expire on July 18, 2007. We respectfully request an extension of one year to July 18, 2008. A timeline for the steps taken thus far to receive appropriate approvals prior to filing for a building permit with the City is as follows: . Filed a Request for Exemption and Statewide Programmatic General Permit (SPGP) on June 9, 2006. . Received SPGP on July 7,2006. . Filed with the South Florida Water Management District (SFWMD) a Joint Application for Environmental Resource Permit I Authorization to use State owned submerged lands I Federal dredge and fill permit with the Florida Department of Environmental Protection I Water Management Districts I U.S. Army Corps of Engineers (ERP) on November 15, 2006. . Filed an amendment to above ERP to include docks on December 13, 2006. . First Request for Additional Information (RAI) from SFWMD dated December 13, 2006. . Supplemental RAI from SFWMD January 12, 2007. . After meeting with SFWMD filed response to RAI on March 5, 2007. . Second RAI from SFWMD on April 6, 2007. Since the last RAI, the applicant has had several discussions and two site visits with SFWMD and are in process of scheduling a 3rd site visit with SFWMD before making a formal response. Please see attached documentation verifying above information. Additionally, it should be noted that the current property owner took title of the property in January 4, 2007. Unfortunately, the state review process is lengthy and obtaining permits requires the review of several state agencies. It is the applicant's intent to file for building permit and develop the Project once the above mentioned permits have been awarded. The applicant believes that the above demonstrates that a good faith effort to advance the project has been made. Again, we respectfully request favorable consideration of this request. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at (561) 237-1537. Sincerely, &;J~M Bonnie L. Miskel, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel, LLP S lEe E L, LIP MAN. DUN A Y. SHE PAR D & MIS K E L. L L P GARY S. DUNAY KENNETH W. LIPMAN BONNIE MISKEL .JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA. SUITE 80 I 5355 TOWN CENTER ROAD BOCA RATON. FLORIDA 33486 (561) 368,7700 FAX, (56 I) 368.9274 WWWSLDSMLAWCOM LINDA B LYMAN July 23, 2007 W\L~- "'\ L lW JU_ J OEVELOPME:N' \ DEPARTMENT Of Kathleen Zeitler Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Additional information regarding time extension request for Casa Del Mar ("Project") Dear Ms. Zeitler: As per your request for additional information relating to the time extension request for the Casa Del Mar project. You had requested additional information related to verification of any fees paid (utility reservation fees, etc.), copies of construction drawings ready for submittal, anticipated approval dates for state permits, and anticipated dates for initial submittal of building permits. Unfortunately, the applicant has not paid any fees or finalized the construction drawings for the project as they are waiting to finalize the marina permitting. The marina will bea major component of how the project will be marketed to potential buyers of the residential units. The applicant feels that the marina, and boating lifestyle that go with that, is the site's unique feature and the applicant does not want to advertise for a boating community with docks prior to receiving approval and permits for the Project. The applicant expects to receive the permit from the South Florida Water Management District sometime this fall and intends on submitting for construction and building permits approximately 4 to 6 months afterwards. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at (561) 506-9008. Sincerely, L~d~ Siegel, Lipman, Dunay, Shepard, & Miskel, LLP EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 07-009 Reference: DEPARTMENTS INCLUDE REJ be 1 PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: -- 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:IPlanningISHAREDI WP\PROJECTSICasa del MarISPTEICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT'S AGENT: Bonnie L. Miskel, Esq., Siegel, Lipman, Dunay, Shepard, & Miskel, LLP APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 4, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 42 fee- simple townhouse units and 40 condominiums on 4.11 acres in the IPUD zoning district. LOCATION OF PROPERTY: 2632 North Federal Highway (on the east side of U.S.1, north of Dimick Road). 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 "0" 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 J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\DO.doc IX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 21, 2007 August 6,2007 (Noon.) D r8J September 4, 2007 August 20, 2007 (Noon) D D September] 8,2007 September 3,2007 (Noon) D D October 2,2007 September] 7,2007 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office October] 6, 2007 October], 2007 (Noon November 7,2007 October 15,2007 (Noon) November 20, 2007 November 5, 2007 (Noon) December 4, 2007 November] 9,2007 (Noon) NATURE OF AGENDA ITEM D D D D D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing r8J D D D D City Manager's Report New Business ("""") ("J-I --1-< Legal Unfinished Business C) -_J :t>Joo C G") N o -0 ::x ........'Ci .r::- ("J "1' .-en tl~o 3~-< -"~~z ':"-)6 .=>z -'1 ""TJm - f'T1 n:> rrt(J ::::: U1 RECOMMENDATION: Approve Capital Improvement Plan for 2007/2008. See attached memorandum and rflab. EXPLANATION: Each year, City Staff proposes a Capital Improvement Plan (CIP) as part of budget approval. The CIP is an integral tool to fmance various improvements in Boynton Beach and, equally as important, it is a tool used by staff to allocate staff resources to projects deemed important by the City Commission. PROGRAM IMP ACT: As noted. FISCAL IMPACT: Various funds contribute to the CIP including Public Service Tax, Local Options Gas Tax, Park Impact Fees and grants. ALTERNATIVES: Moddy 1he CIP to "~Ommi"iOn goa!,_ J , ./ V ~N"~ City Manager's Signature Assistant to City Manager ~/ Department Name City Attorney 1 Finance 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.manage~i.boynton-beach.fl.us www.ci.boynton-beach.fl.us lit'} ~~v TO: FROM: DATE: SUBJECT: Mayor Taylor Vice-Mayor Rodriguez Commissioner McCray Commissioner McKoy Commissioner WJi an;6d j,'" ./i . fi? l Kurt Bressner ,A~) \i)-. August 22, 2007 Proposed 2007-08 Capital Improvement Projects Attached are the proposed 2007-08 CIP worksheets as recommended by the CIP Team. The proposed capital plan includes sufficient funding to complete the Library, Intracoastal Park Clubhouse and the Sara Sims Complex and begin improvements to the Oceanfront Park Boardwalk during the 2007-08 fiscal year. In addition, funding has been provided to supplement the Fire Assessment Fund and provide adequate funds for completing the Public Safety Complex in the northeast quadrant at Gateway and High Ridge Road that will include Fire Station #5, an EOC and the ITS infrastructure. The plan also includes $25,000,000 for the construction of a new Police Complex by the end of the 2009-10 fiscal year at the GatewaylHigh Ridge site. Funding for the project would come from the issuance of a $25M Public Service Tax Bond Issue and the additional debt service of approximately $1.8M has been factored into this plan, as evidenced by the decline in the annual transfer in of funds from the Public Service Tax Debt Fund. It is important to note that the proposed 2007 -08 capital plan also includes $1,500,000 for the completion of road improvements within the Ocean Avenue area as well as a revenue source of $115,000 from the developer to share in the cost of this project. Obviously, this plan is extremely volatile at this time and is contingent upon the outcome of the property tax referendum in January 2008. Ifthe referendum passes, the City's 2008-09 property tax revenues could be dramatically reduced and the Public Service Tax revenues currently being allocated for capital improvements and future debt service would have to be reallocated to the General Fund. This could result in the elimination of over $3.2M in funding to the crp Fund leaving insufficient resources to finance the Police Complex via a Public Service Tax debt issue. Several proj ects, such as the Police Complex, the Boardwalk replacement and the Ocean A venue improvements, would have to be reevaluated. Staff does not recommend deletion or deferral of any maintenance related capital projects in order to fund new endeavors. Therefore, it is very important to inform the public that while funding may exist today for various projects, it all hinges on the statewide referendum in January. As a final note, this report does not include the Utilities Capital Improvement Program. Staff is in the process of seeking clarification from the South Florida Water Management District (SFWMD) as to the impact of the Regional Water Availability Rule on our Consumptive Use Permit. This rule may change the scope and timing ofmajor water and water re-use capital projects. We will have the Utilities CIP for the first Commission meeting of October. Special thanks for the CIP program development goes to Bill Mummert, Finance Director and Jeff Livergood, Public Works and Engineering Director. 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D ~ September 4, 2007 August 20, 2007 (Noon) D D September 18,2007 September 3,2007 (Noon) D D October 2, 2007 September 17, 2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October] 6,2007 October I, 2007 (Noon CJ D Announcements/Presentations D NATURE OF D Administrative D AGENDA ITEM D Consent Agenda ~ D Code Compliance & Legal Settlements D D Public Hearing D City Manager's Report '2 New Business . ~ Legal 2M Kb~JJ~ Unfinished Business October IS, 2007 (~n) 0-1 -J =i-< ~_ -<t:' November 5, 2007 ~~n) . ~ c;->:) ,-OJ November 19,2007 aHoon)G; ~ ...........z """0 I,)-l -"""- 0 C)Z ." ::!~ 0::> rrtn :J: November 7, 2007 November 20, 2007 December 4, 2007 RECOMMENDATION: Approve the attached Ordinance on first reading to amend Section 18-135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. EXPLANATION: The Board of Trustees of the General Employee Pension Plan is composed of seven (7) members.: The Mayor, The City Manager, two (2) citizens appointed by the City Commission, one (1) employee representative selected at large by the members of the Plan, one employee representative selected by the membership who must be a Union member and one employee who is not a union member. The attached Ordinance modifies the configuration of the Board by allowing the City Manager to appoint a designee to serve in the Manager's place on the Board. The City Manager's Designee must be ratified by the City Commission. PROGRAM IMP ACT: None. FISCAL IMPACT: None ALTERNATIVES: Not approve the Ordinance and require the City Manager to be one of the Board of Trustees of the General Employees Pension Board. " ~ /~~ Department Head's Signature ~H~ City Manager's Signature ~ Assistant to City Manager City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF 5 THE CODE OF ORDINANCES OF THE CITY OF 6 BOYNTON BEACH, FLORIDA TO AMEND ~18-135, 7 ENTITLED "BOARD OF TRUSTEES," TO ALLO'V THE 8 CITY MANAGER TO APPOINT A DESIGNEE AS A 9 MEMBER OF THE BOARD TO SERVE IN HIS PLACE; 10 PROVIDING FOR CODIFICATION; CONFLICT~ 11 SEVERABILITY; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 'VHEREAS, the General Employees' Pension Plan Board of Trustees (the 15 "Board") is composed of seven members of the Board, one of which is the City 16 ~anager; and 17 'VHEREAS, it is the desire of the General Employees' Pension Plan Board of 18 Trustees ("Board") to enable the City Manager to appoint a designee to serve in his 19 place on the Board; and 20 WHEREAS, the City Commission has reviewed the recommendations of the 21 Board and finds the amendments to the Plan proposed by the Board as provided herein 22 to be in the best interests of the Plan members and the City; 23 NO'V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ')- -) Section 1. The foregoing "WHEREAS" clauses are hereby certified as being 26 true and conect and are incorporated herein by this reference. CODING: Words in strike through type are deletion from existing 13\\/; Words in underscored type are additions. Page 1 of 4 1 Section 2. Chapter 18, A1iicle II, Division 4, S 18-77 of the Code of 2 Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is 3 hereby amended to read as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~18-135. Board of Trustees. (a) Composition of the Board. The composition and temlS of the seven (7) members of the Board of Trustees of the Employees Pension Plan of the city are hereby established as follows: (1) The ~ayor. (2) The City Manager, or his designee. The appointment of a City Manager designee by the City ~anager shall be ratified by the City Commission. (3) Two (2) individual citizens who shall be appointed by the City Commission to serve for three (3) year staggered terms. (4) One (1) employee representative member shall be elected at-large by the members of the Plan to serve a three (3) year term. (5) One (1) employee representative member shall be elected to serve a three (3) year term by all members of the plan from the general membership of the plan, provided the member is a member of a bargaining unit of the city. 19 20 21 22 23 24 25 26 (6) One (1) employee representative member shall be elected to serve a three (3) year term by all members of the plan from the general membership of the plan, provided the member is not a member of a bargaining unit of the city. (7) Employee representatives on the Board must be actively employed at the city to be elected to the Board. An employee who enters the DROP as provided in S 18- 127, may continue to serve out the remainder of their term on the Board, but an employee representative may not be elected to the Board if they have already entered into the DROP prior to the election. 27 (8) The terms of the employee representatives on the Board shall be staggered. 28 CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 2 of 4 20 Section 3. It is the intention of the City Commission of the City of Boynton 2 Beach that the provisions of this Ordinance shall become and be made a part of the 3 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of tbis 4 ordinance may be renumbered, re-Iettered and the word "Ordinance" ma}' be changed to 5 "Section", "Article" or such other word or plu-ase in order to accomplisb such intention. 6 Section 4. All Ordinances or parts of Ordinances, Resolutions or pm1s of 7 Resolutions in conflict herewith be and the same are hereby repealed to the extenT of 8 such conflict. 9 Section 5. If any clause, section, or other part or application of this 10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 11 invalid, such unconstitutional or invalid part or application shall be considered as 12 eliminated and so not effecting the validity of the remaining p0l1ions or applications 13 remaining in full force and effect. 14 Section 6. This Ordinance shall become effective when the following has 15 occurred: 1611 17 the foregoing changes to pension benefits has been ratified by the collective a) bargaining unites) representing the General Employees, or their successor 18 organizati on; 19 b) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; and CODING: Words in strike through type are deletion from existing lav,': Words in underscored type are additions. Page 3 of 4 1 c) a copy of this ordinance has been forwarded to the State of Florida 2 Division of Retirement. 3 Upon satisfaction of this requirement, then in that event, the terms and provisions 4 of this Ordinance shall become effective. 5 FIRST READING this _ day of ,2007. 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 SECOND, FINAL READING and PASSAGE this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Conmlissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl ~cKoy ATTEST: Janet M. Prainito, CMC City Clerk (CORPORATE SEAL) CODING: Words in strike through type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlyJ. XII. - LEGAL - 2nd Reading Non-Development ITEM 8.2 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cjtv Clerk's Office Meeting Dates in to City Clerk's Office -"'l August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October], 2007 (Noon W ~ September 4,2007 August 20, 2007 (Noon) D November 7, 2007 October] 5, 2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon) o ,,-I =i-< -<0 ~'"T1 ~-CC r>1Q ::.:1-< :AX :J:'"' <.h-l ::J: 0 0% <2 '"T1ro ~f11 0::> RECOMMENDATION: CP ('T1~ ..... Approve the first reading of Ordinance no. 07-_ amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater, and capital facilities charges. Ann ouncements/Presentati ons Code Compliance & Legal Settlements Public Hearing D D kSI D D City Manager's Report New Business Legal-2~ ReC\ltl~ Unfinished Business o --.J :x:- c:: c;-> I W NATURE OF AGENDA ITEM D D D D o Administrative Consent Agenda EXPLANA TION: Based upon a rate study completed by CH2MHiII, the City's Utilities Department will require additional revenues in order to properly operate and maintain the current system, and also to allow for future expansions and improvements. The rate structure adopted via this ordinance will generate the revenue required to meet these future demands. PROGRAM IMP ACT: Sufficient revenues are essential for maintaining proper coverage on existing bonds' debt service, and for assuring the long-term stability of the system. FISCAL IMP ACT: The new potable water and wastewater rates are anticipated to generate approximately 27.4 million dollars in operating revenues for the upcoming fiscal year of 2007-08. ALTERNATIVES: Leave the current rates in place. &-Y:4...4 /! I< 11.",--, f/./.? Depa ent Head's Signature ' ~ C'M ~S' Ity anagers Ignature Assistant to City Manager ~ UTILITIES Department Name City Attorney! Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xc: Peter Mazzella (w/copy of attachments) Barbara Conboy City Attorney Finance Dept. File S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING CHAPTER 26, WATER, SEWERS AND 6 CITY UTILITIES, AMENDING SECTION 26-9, 7 REVISING THE RATE SCHEDULE FOR POTABLE 8 WATER AND WASTE'VATER; AMENDING SECTION 9 26-34, REVISING THE CAPITAL FACILITIES 10 CHARGE IMPOSED; AND PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND 12 AN EFFECTIVE DATE. 13 14 WHEREAS, at the direction of the City Commission of the Cityof Boynton Beach, 15 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers, 16 conducted a study on water and sewer rates necessary in order for the City to provide the 17 desired level of services ("Study"); and 18 WHEREAS, based on their review of the Study and the potable water, wastewater 19 and stormwater systems and the capital facilities charges, City staff recommends 20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances; 21 and 22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of 23 proposed increase to any rate, charge or fee for water or sewer utility service, have been 24 satisfied, as the required notice has been furnished to each utility customer through the City's 25 regular billing process; and 26 WHEREAS, the City Commission of the City of Boynton Beach has determined that 27 the revenue requirement for the City's potable water, wastewater and stormwater systems will 28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and 29 WHEREAS, in order to ensure that the projected requirement increases are covered, adjustments for potable water and wastewater rates and capital facilities are necessary: and 2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the 3 justification provided by the City's utility system consulting engineer in a report to the City 4 Commission in ~ay 2007, and by City staff, deems it to be in the best interests of the citizens 5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City 6 of Boynton Beach Code of Ordinances to provide for these necessary changes: 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF s THE CITY OF BOYNTON BEACH, FLORIDA. THAT: 9 Section 1, Each Whereas clause set forth above IS true and correct and 10 incorporated herein by this reference. 11 Section 2, That Chapter 26, Article I, Section 26-9, entitled \Vater and ,') ,,,;. wastewater rates and charges, is hereby amended in part by deleting Schedule L Potable 13 Water Rates, and replacing the same with a new Schedule L Potable Water Rates, as follows: 14 15 Sec. 26-9. Water and wastewater rates and charges. 16 17 18 19 20 21 22 23 24 The monthly rates and charges for water and wastewater shall be as set forth in the five-year schedules in this section. Such rates shall become effective on October 1 st of each of the fiscal years indicated and shall not be prorated: SCHEDULE 1. POTABLE WATER RATES (a) Residential Rates: I .HOlltlt(l' Potable I Tf't:ler Usage I ~~s~ ~~Ci]ity charge o 9. OOG I gallons/month I ~; :~)~ ~:~: ~~~:~l~nd I 2,ull on s ~ I ~~.~~ ~~ f~~::~nd gallons I Inside Cif)' I Outside City ! . ::: ''',,",,~iio~~~~''''''''''>Oi.i<l',,;.'' 9,001 30,000 $1.96 per thousand $2.15 l'Jer tho'clsand gallons/month gallons gallons Over 30,000 $2.75 per thousand $3.11 per thousand gallons/month gallons gallons 1 2 (b)(b) Commercial Rages: 3 Monthly P-otablc Inside City Outside Ci~r Ul..., , TT~"~,, _.~ Base facilityehur:2,e (J' () ,V\ ., (J'1 f'\ r\f'\ . "'~. '" ... 0 9,000 $1.15 per thousand $1.11 per thousand ._~11 gallons '~allons 9,000 30,000 $1.96 per thousand $2.15 per thousand gallons/month gallons Gallons O','l::r 30,000 $2. 75 per thousand $3.11 per thousand _11 gallons :2,allon3 4 5 (a) Residential and Commercial rates inside city: 6 I Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over I Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) (Commercial month* gallons/ gallons/ gallons/ ) month * month * month* 2007- $4.40 $8.80 $1.16 $2.07 $2.75 '$3.39 08 2008- 4.84 [9.68 1.27 2.27 3.03 3.73 09 12009- 5.23 ! 10.45 1.37 2.45 3.27 4.03 10 I I 2010- 5.44 10.87 i 1.43 12.55 3.40 4.19 11 2011- 5.44 110.87 11.43 2.55 3.40 4.19 12 7 8 (b) Residential and Commercial rates outside city: 9 Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over Year Charge Charge gallons/ 30,000 50,000 50,000 I (Residential) I (Commercial month * gallons/ , gallons/ gallons/ i ) month * month* I month* 2007 - $5.50 I $11.00 I $1. 44 $2.58 $ 3.44 1$4.24 08 2008- 6.05 112.10 11.59 2.84 3.78 14.67 09 i I 3 I 7009- I 6.53 13.07 I 1.72 3.07 4.08 5.04 i , i 10 ! 12010- ! I I 6.80 13.59 i 1.78 3.19 4.25 5.24 I i 11 I I I 2011- , 6.80 13.59 1.78 3.19 4.25 5.24 I i 12 I 2 *Represents monthly usage rates per thousand gallons ~ .) 4 Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and wastev,'ater rates 5 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates. and 6 replacing the same with a new Schedule II, Wastewater Rates, as follov;s: 7 8 SCHEDULE II. W ASTEW A TER RA. TES (a). Rcsidontio.lo.nd commercial rft~::~~~ .~~?~ I fu.e.al I Base I GBffifl'lBtlJty Rate I I I Dollurs Pcr Thousal1d i ! : Gallons i 1990 91 i &+:-9-+ I Ud+ I ~~~~ ~2 I &#j , ~ I ~~~~ ~~ 19:4+ i ~ . 19S)3 9~ ~ I ~ i 199495 I~ ,~ (b) Residentiul and commercial rates outside city: I fu.e.al I Base ! Commodity Rate I I,' i Dolbrs Per Thousand ! ~ " ! 'vUllon::; Rate Ifl';o Wuter Metff Rute If!\:0 Willer :\4etef $ 1 6 .4 5 ~ ~ .J-9.;:;'4 .J-9.;:;'4 9 : 1 990 91 19S)] 92 11992 93 1199394 1199~95 i &9:-% i~ : ++:-+e I~ !~ ~ ; h+G 1+:-&+ $20.55 ~ 23.21 ~ 21.67 i~ I · .f.-:..9.; 10 11 12 (a) Residential and cOlmnercial rates inside city: fiscal Base Commodity Rate Dollars Per Thousand Gallons $1.69 1.83 1.90 Rate If No \Vater Meter 2007-08 2008-09 2009-10 5>11.14 12.03 12.52 523.00 24.84 25.83 , ..; 2010-11 112.77 1.94 26.35 2011-12 112.96 1.97 26.75 1 2 3 (b) Residential and commercial rates outside city: Fiscal Base Commodity Rate Rate If NoW ater Dollars Per Thousand Meter Gallons 2007 -08 $13.93 $2.12 $28.79 2008-09 15.04 2.29 31.09 2009-10 15.64 2.38 32.33 2010-11 15.95 2.43 32.98 2011-12 16.19 2.47 33.47 4 5 Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in party 6 by adding the words and figures in underlined type and by deleting the words and figures in 7 struck-through type as follows: 8 Sec. 26.34. Capital facilities charges and connection charges. 9 10 11 12 13 14 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: (1) Water: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (a) Property located within the municipal limits of BO,vnton Beach. Nine hundred thirty three dollars ($9:33.00) One thousand one hundred twenty-two dollars ($1 J 22.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand one h'.1ndred GiJ~ty six donUTS ($1,166.00) One thousand four hundred three dollars ($1,403 .00) per equivalent dwelling unit. "Equivalent dwelling 5 2 ~ .) 4 " 6 7 8 9 ]0 1 ] ]2 ]3 ]4 ]5 ]6 ]7 ]8 19 20 21 22 23 24 25 26 L/ 28 29 30 II 31 32 ~~ -' :) 34 35 36 37 38 39 40 41 42 unit" is defined as a unit of construction having the same \\ 1 usage as a one-bedroom single-family home, and the number (11 equivalent dwelling units, for the purpose of this calculat](\l1. contained within the property shall be detemlined in accordance with the schedule attached to Ordinance Number 80-10 [/\rtick II of this chapter] and by reference made a part thereof. (2) Selvage: (a) Property located within the municipal limits of Boynton Beach. One hundred sixty si~; dollars ($166.00) Six hundred sixtv-five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home. and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be detenllined in accordance with the schedule attached to Ordinance Number 80-10 [A11icle II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of the Ci ty of Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) Tv/o hundred SC\'en dollars (S20'7.00l per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [.A..rticle II of this chapter] and by reference made a part thereof. Said capital facilities charge is designed to cover the cost of eXIsting or additional raw water production facilities, water treatment facilities and 'vvater distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date. Section 5. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. 6 Section 6. All ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. 3 Section 7. Should any section or provision of this ordinance or portion hereof, 4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 5 invalid, such decision shall not affect the remainder of this ordinance. 6 Section 8. Authority is hereby granted to codify said ordinance. 7 Section 9. This ordinance shall become effective October 1, 2007. 8 9 10 11 12 13 14 15 16 17 18 19 FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez 20 21 22 23 Commissioner - Ronald Weiland 24 25 ATTEST: 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 31 (CORPORATE SEAL) 32 33 Commissioner - Mack McCray Commissioner - Carl McKoy 7 ,'!{/'.' l' Yo", .'. .... ! , i , ~trb\.jP:' J..\.. v ''V ;:,~~: ,. ," ~:j<fY CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR XII. - LEGAL - 1st Reading ITEM C.1 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D [8J September 4, 2007 August 20, 2007 (Noon) 0 0 September 18, 2007 September 3,2007 (Noon) D 0 October 2,2007 September 17,2007 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 16, 2007 October 1, 2007 (Noon November 7, 2007 October 15,2007 (Noon) -J ,') O~ =i-< -'::0 -" n ,-OJ rno -::::1-( -,-~:-'1f' .....~ {/)O '::lZ ...,., ..."CO -01 (J',P> 01Q ..... November 20, 2007 November 5, 2007 (No&n :P" November 19, 2007 (N~) December 4, 2007 NATURE OF AGENDA ITEM D o D o [8J AnnouncementslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing 0 City Manager's Report ~ -'-'" 0 New Business - - .. [8J Legal W .;:- D Unfinished Business D RECOMMENDATION: Please place this request on the September 4,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on July 24, 2007 recommended that the item be tabled for further review, and will therefore return to their August 28th meeting. The Community Redevelopment Agency Board on August 14,2007, recommended that the request be approved, subject to changes to allow multiple vending units at a single location. The proposed ordinance has been revised to allow multiple vendors at one operating area, and to remove the size restrictions on MVUs to be located on private property. Lastly, it was changed to require daily removal of all MVU s regardless of location. For further details pertaining to this request, see attached Department Memorandum No. 07-005. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Mobile Vendors (CDRV 07-005) City-initiated Request to amend the Land Development Regulations Chapter 2. Zoning by the addition of a new section with provisions and regulations for mobile vendors including definitions, location restrictions, review and approval procedures and requirements, and operational rules. PROGRAM IMP ACT: FISCAL IMPACT: AL TERNATIVES: N/A The proposed ordinance includes the necessary fees to cover staff processing of initial reviews and renewals. t 'pp'oved the pmposed mdinsnee 0' 'ppmve ~~ t/7~ ~er's Signature Assistant to City Manager _~ Develop [_1// Planning and Zon' City Attorney / Finance S:\Planning\SHARED\WP\SPECPRO ODE REVIEw\CDRV 07-005 Mobile Vendors\Agenda Item Request Mobile Vendors CDRV 07-0059-4- 07.docS:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 07-005 Mobile Vendors\Agenda Item Request Mobile Vendors CDRV 07-0058-21- 07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-005 RE: Chair and Members Planning & Development Board Community Redev~~og~n~ Agency Board Michael W. Rump~ Director of Planning and Zoning Quintus Greene ~ V Director of Dev~ment July 19, 2007 CODE REVIEW - CDRV 07-005 Mobile Vendors (Interim amendments to LDRs) TO: FROM: THROUGH: DATE: NATURE OF REQUEST The City Commission has directed staff to prepare for consideration, amendments to the Land Development Regulations to accommodate mobile vendors. The directive was prompted after awareness that the operators of a local convenience store had an agreement for on-site preparing and selling of barbecued meats. There are currently no zoning regulations for such "mobile vendors", and therefore they have been construed as prohibited. The only related regulations currently apply to sidewalk cafes (i.e. restaurant seating placed within the right-of-way), or the provisions specifically for the Shoppes of Woolbright PCD allowing one (1) vendor cart as approved through the use approval process. With respect to business approvals, the city does allow those businesses that are actually "mobile", such as food caterers including ice cream trucks, car washing/detailing, vending machine venders, and other like businesses that do not operate from a single or fixed location. However, this type of business is not regulated by zoning regulations. The proposed amendment is comprehensive, in that it includes definitions, location restrictions, review and approval procedures, and operational rules. The proposed amendment would also accommodate/regulate street vendors that involve the sale of merchandise (including food), provide limited personal services, and clean and detail vehicles. These interim (prior to adoption of the LDR rewrite) regulations are proposed to be placed within a new section of Chapter 2. Zoning, of the Land Development Regulations (Chapter 19) (see Exhibit "A"). BACKGROUND As indicated above, the city currently has no provisions applicable to mobile vendors, which are also referred to as "street vendors" or "sidewalk vendors". The author of a 2002 PAS Report published by the American Planning Association, describes such uses as often being "under the radar" with respect to local zoning regulations. In contrast, it is also possible that such uses are over-regulated due to the potential to reduce sidewalk passages, generate waste that contributes to unsightliness of a downtown, or compromise public safety. Lastly, such uses are typically characteristic of central cities and other intense activity centers. The objectives applied in drafting the subject amendments include: · Establishment of clear and concise regulations; · Ensuring protection of public health and safety, with particular emphasis on food preparation and waste; · Providing for limited flexibility, and appearance consistent with affected properties; · Acknowledgement of existing businesses and the importance of equality; and · Preventing proliferation and potential nuisances. PROPOSED AMENDMENTS The proposed amendments to the zoning regulations are attached as Exhibit "A", and described below as organized according to the principal sections of the subject regulations. Definitions: lfthe subject regulations are supported by the Commission, it is necessary to include numerous definitions for clarity and enforcement purposes. The majority of the proposed terms relate specifically to the handling and vending of food. Also notable are the definitions for "Merchandise", "Mobile vending unit" and "Services". By virtue of the definition, the types of merchandise are limited to art, small personal items, cell phones or other similar electronics and recordings, small appliances, medicines, and books/magazines. With respect to "services", the proposed regulations are limited to 1) personal services including hair braiding, personal portraits, and body art; 2) the cleaning and detailing of vehicles; and 3) the repair and/or refinishing of small household goods and tools (i.e. jewelry, knives, utensils, dishware, etc.). Lastly, the terms include a definition indicating the different zoning districts where the eligible vendors are permitted. Application Process & Rules: The proposed text amendment assigns administration responsibility to the Planning & Zoning Division; describes all application and eligibility requirements; and establishes authority for approval with the Planning & Development and Community Redevelopment Agency Boards. The approval would be for one (1) year and could be renewed through an administrative process. Appearance and Location Restrictions: The staff review and reporting of the applications filed under this process would include a simple analysis of the proposed cart and equipment to be used by the applicant, and confirmation that the proposed location complies with the requirements. With respect to design and appearance, for uniformity, staff proposes that each mobile vendor cart (MVU) be restricted to a specific location and be of materials and colors that are consistent with the surrounding environment. Staff has included illustrations of typical MVUs that would generally comply with the requirements described herein (as related to the sale of merchandise and providing personal services), and recommend that they accompany the implementing ordinance as a guide for ultimate applicants and staff (see Exhibit "B"). To preserve safety and flow along public walks and rights-of-way, the review criteria also include consideration for sidewalk width, existence of street furniture or other elements and obstructions, circulation design and patterns. With the vending cart in place, the sidewalk passage shall not be reduced below four feet in width. The proposed ordinance also minimizes the concentration of such actIvItIes, or potential nuisances and unjust competition by a minimum distance separation of lOO feet between vendors, a minimum separation of 300 feet from selected gathering places involving children and religious worship, and a minimum distance separation of 300 feet from a fixed commercial business that sells or provides similar merchandise or services. General Restrictions: Additional rules and restrictions are also proposed, and a few of particular interest are summarized below: *The maximum area allowed to be occupied by a MVU that is used for the sale of merchandise (or food) or providing personal services would be 72 square feet. However, the maximum space allowed for MVUs used for vehicle cleaning would be regulated more subjectively, being limited to that space which is necessary to reasonably perform the necessary service. *The maximum size of a MVU used for the sale of merchandise (including food) or to provide personal services would not exceed 48 inches wide, 96 inches long, and 84 inches high overall. * All merchandise and food must be displayed from the MVU, and all signage must adhere to the maximum allowed height, and be displayed from, or lean against the MVU. * All MU\l s used in accordance with this ordinance must be removed daily, and specifically, no MVU is allowed to remain in place between the hours of midnight and 6:00 am. Revocation of Approval: The proposed regulations conclude with the reasons and process for revocation of a permit issued for a MVU. An appeals process is also proposed, which is only considered by the City Commission after the necessary processing by city staff. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations be approved. Any changes recommended by the advisory boards and approved by the City Commission will be incorporated into the final ordinance. Staff also recommends that future evaluations be conducted during the initial application of this ordinance to confirm that its affects contribute positively to the city's image and vision, and that its benefits out-weigh any related costs. Attachments MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\07-005 Mobile Vendors.doc EXHIBIT A DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING REGULATIONS FOR MOBILE VENDORS. PURPOSE The purpose of this ordinance is to provide for the regulation of street and sidewalk vending activities in certain commercial and mixed-use zoning districts of the City, in order to more fully promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of street and sidewalk vending is necessary to protect the public health, safety, and welfare and the interests of the City in the primary use of public streets and sidewalks for use by vehicular and pedestrian traffic. It shall be unlawful for any person, firm, corporation, or association to engage in or carry on the business of vending food, goods or services, upon private property or the public ways of the City of Boynton Beach without first having secured a permit or permits as required by this ordinance. It is not the intent of these regulations to be applied to mobile vendors temporally approved in conjunction with a special event. DEFINITIONS For the purpose of implementing and interpreting this ordinance, the following definitions shall apply: Adulterated shall mean the condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, in a quantity which may render it injurious to health. Aooroved manner shall mean that method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Aooroved source shall mean a licensed food processing establishment considered satisfactory by the health director and serving food products which are clean, wholesome, free from adulteration or misbranding and safe for human consumption. Commercial or Mixed-Use Zone shall mean any property which is presently or hereafter zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-L 1, MU-L2, MU-L3 and MU-H or any commercial or mixed-use zoning districts subsequently adopted by the City of Boynton Beach. Commissary shall mean a food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile vendors. 1 Corrosion resistant material shall mean a material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions and other conditions-of-use environment. Easilv cleanable shall mean that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods. Food shall mean any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. Food handler shall mean a person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, engaged in the preparation, handling or vending of food. Food vendor shall mean any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot. Label shall mean a display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law. Liauid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases. The term shall also include melted ice. Merchandise shall mean items of clothing, jewelry (including timepieces), photos, artwork, housewares, flowers, plants, landscape materials, carpets, phones and accessories, small appliances, medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media. Mislabeled and misbranded shall mean the presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 1-101.15 or which violates any applicable federal, state or local labeling requirements. Mobile vendina unit (MVU) shall mean any movable cart, trailer, or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of this ordinance shall not apply to mobile caterers or service providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such establishments 2 Perishable food shall mean food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and wholesomeness. Permit shall mean a license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the City's Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending. Potentiallv hazardous food shall mean any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) value of 0.85 or less. Public ways shall mean and include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for public use or access. Safe temoeratures, as applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees Fahrenheit (minus seventeen (17) degrees Celsius) or below for frozen food storage. Sanitize shall mean effective bactericidal treatment of cleaned surfaces of equipment and utensils by a process which has been approved by the Division of Hotels and Restaurants of the F/orida Department of Business and Professional Regulation as being effective in destroying microorganisms including pathogens. Services shall mean personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing household goods, tools, and equipment. Sin ale service articles shall mean cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded. Sticker shall mean a decal issued by the Planning and Zoning Division of the City's Department of Development that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile vending unit. Utensil shall mean any implement used in the storage, preparation, transportation or serving of food. Vehicle shall mean every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn. Wholesome shall mean in sound condition, clean, free from adulteration and otherwise suitable for use as human food. 3 APPLICATION REQUIREMENTS Applications for a permit shall be filed at the Office of the Planning and Zoning Division of the City's Department of Development. Such application shall contain all the information required below, along with the current non-refundable fee, to qualify for the permit. A decision to issue a permit will be based, in part, on this information, other applicable ordinances, and other requirements as may be set forth herein. The applicant must satisfy the following requirements before a vending permit can be issued: a) Submit the name and home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending or mobile vending unit to be used in the operation of the vending business. b) Submit written evidence of the approval for the vendinq site ::l copy of from the owner and/or tenant of the abutting property owner's ::lnd.'or ten::lnt's written 3ppro'.'::l1 for the vending site, if to be located on a public street or sidewalk. If the mobile vending site is located on private property, the applicant shall submit a copy of the property owner's and/or tenant's approval for said vending site. c) Submit a scale drawing (plot plan) showing the area to be used, along with applicable dimensions, plans and/or photographs detailing the design and size of the MVU to be used including all appurtenances and signage to be displayed. d) For vendors proposing to locate on property owned or controlled by the City of Boynton Beach, the applicant shall maintain in force, a comprehensive general and automobile liability insurance policy with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage. Said policies shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. e) Evidence of state or county permits or other required approvals. f) For food vendors, the name and address of the commissary from which the vendor operates. Vendor shall secure and maintain in force workers' compensation insurance to statutory limits or a workers' compensation waiver provided by the vendor's insurance broker/agent. The vendor shall furnish the City's Risk Management Department with a certificate of insurance prior to operating in the City. Said insurance companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risks. FEES Each application for a street vending permit shall be accompanied by a two hundred and fifty dollar ($250.00) application fee. The application fee shall be non-refundable and in addition to, and separate from, the permit fee of fifty dollars ($50.00) per MVU and the business tax, all of which shall be collected prior to issuance of the permit. 4 PERMIT APPROVAL The Board of the Community Redevelopment Agency (CRA) or the City's Planning and Development Board (P&D) shall consider applications for a vendor's permit at regularly scheduled meetings of the respective Board. The applicant shall be permitted to make a brief presentation of his or her application and may be questioned by the Board. In determining whether to issue a permit, the Board(s) shall consider the standards and requirements set forth in this ordinance and input from City staff, the applicant, and the general public. In addition, the Board(s) may impose such special conditions to the permit as they may deem necessary to assure compliance with this ordinance. In the event two or more applications are received for the same location, the earliest application, if approved, shall be awarded the location. Upon approval of the application by the respective Board, the permit shall become effective when the permit fee and business tax is paid. TERM OF PERMIT All permits issued pursuant to this ordinance shall be effective as of the nearest first day of the month, regardless of the actual date of issue, and shall expire one year from the effective date thereof, unless sooner revoked in the manner provided in this ordinance. PERMIT RENEWAL All permits issued pursuant to this ordinance may be renewed, unless the permittee is officially notified to the contrary by the City of Boynton Beach. A vendor applying for the renewal of a permit for a business that remains unchanged since the last application or renewal is required to pay the permit renewal fee only. Renewal must be requested 30 days prior to expiration. DESIGN and LOCATION Upon receipt of an application for a permit, the City and/or CRA staff shall review the design of the vending unit and the proposed location to determine if it is suitable for vending and provide a written report to the respective Board. In making its determination, the staff shall consider the following criteria: a) /lrMobile vending unit2 is are limited to one assigned location and a each unit in that location must be compatible in materials and color with the surrounding urban environment. b) No permit shall be issued for a location within 100 feet of a location for which a street vending permit has already been granted. c) The operating area must be located entirely within a commercial or mixed-use zoning district. d) The use of the vending devices must be compatible with the public interest in the use of the public ways and public rights-of-way. In making such a determination, the staff shall consider the type and intensity of use, the width of the sidewalk, the proximity and location of existing street furniture, including but not limited to traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as well as the presence of truck loading zones. The staff shall also consider established and emerging pedestrian and vehicular traffic patterns, as well as other factors it 5 deems relevant in determining whether or not the proposed use would diminish required parking or result in congestion of the public ways or the creation of a safety hazard. e) A minimum clear passage of a four-foot sidewalk width must be maintained for pedestrian travel at all times. f) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any public or private day care, school, park, or playground, or a single- family residential zoning district. g) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any established ongoing legally zoned business selling similar foods or other merchandise. h) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any church, temple, mosque, synagogue or other place of worship. GENERAL RESTRICTIONS and REGULATIONS Any person with a valid permit issued pursuant to this ordinance shall be limited to the sale of merchandise or food, or to the providing of personal services and vehicle cleaning, as restricted herein and shall be subject to the following additional restrictions and regulations: a) All vendors must display, in a prominent and visible manner, the permit issued by the City under the provisions of this ordinance. Mobile vendinu units capable of operatinu on public riuhts-of-way shall also display a current State of Florida license tau. b) All MVUs used for the 531e5 of morch3ndise 3nd per5on31 services on public property, shall not occupy an operating area of more than seventy-two square feet of space, which shall include the mobile unitlli}, the ope rato rlli} , and a trash receptacle. A sinqle entity may request approval for more than one MVU within the 72-square-foot operatinq area. Mobile vendinq units providing vehicle cleaninq services. as herein defined. on private properlY shall be limited to the minimum size and area required to reasonably perform said services. c) The size of a MVU on public properly shall not exceed four feet (48 inches) wide by eight feet (96 inches) long. It must have a minimum of two functional, fully inflated wheels, and have positive wheel-locking devices. Mobile vendina units providinq vehicle cleaninq services. as horein defined. on private property shall be limited to the minimum size and area required to reasonably perform said services. d) The height of a MVU on public property, including canopies, umbrellas, or transparent enclosures, shall not exceed seven feet (84 inches). . Mobile vendinq units prO\<idinfl v.ehis/e cleaninQ sendce5. 35 herein defined. on private property shall be limited to the minimum heiaht required to reasonably perform said services. 6 e) The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons. f) Soliciting or conducting business with persons in motor vehicles is prohibited. g) All merchandise must be displayed on the vending unit. No merchandise shall be displayed using street structures (planters, trees, trash containers, signposts, etc.) or placed upon the sidewalk. h) Vendors shall not hinder or impede the use of any phone kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic control device. i) Vendors shall obey any lawful order from a police or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk. j) No permittee shall make loud noises or use mechanical audio or noise-making devices to advertise his or her product. k) No permitted mobile vending unit shall be left unattended on 3ny proporty ownod or controllod by tho City of Boynton B03ch. I) Each MVU shall be removed daily. No permitted MVU shall remain on any public or private property. or any riohts-of-way ownod or controllod by tho City of Boynton B03Ch between the hours of midnight and 6:00 AM. m) Vendors selling from a mobile vending unit on a sidewalk shall not: (1) Vend at any location where the sidewalk is less than 10 feet wide. (2) Vend within 20 feet of an entrance to any building, bus stop sign, driveway, stop sign, or cross walk of any intersection. (3) Obstruct the view of any directional sign, traffic control sign or device. n) All vending units must be self-contained. Utility service connections are not permitted. 0) No freestanding signs, flags, banners, tents, tarpaulins or awnings shall be allowed within the road rights-of-way. All signs, flags, banners, tents, tarpaulins or awnings must be attached to, or resting against the vending vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by customers. In addition, any permitted operation, pursuant to this article, shall not display or otherwise erect freestanding signs, flags, banners or tents on public or private property within five hundred (500) feet of the permitted operation. p) Vendors of food or beverages shall comply with all applicable State and local health laws regulating the preparation, handling, and presentation of food. Food and beverage vendors shall also comply with the following: 7 (1) Food handlers shall be certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and shall conform to good hygienic practices. (2) The outer clothing of all food handlers in a mobile food-vending unit shall be clean, fully opaque and cover the entire torso from shoulders to the knee. (3) Food handlers shall use effective hair restraints to prevent the contamination of food. (4) Food handlers shall not use tobacco in any form while engaged in the preparation and vending of food. (5) Only single-service utensils shall be dispensed to the customer. (6) All single-service items shall be stored in closed containers or cartons, off the floor of the vehicle, except that approved dispensers may be used for utensils and cups for immediate use in the vending operation. (7) All food vended shall be from an approved source. (8) No food shall be vended which is adulterated, mislabeled, spoiled or unclean. (9) All perishable and potentially hazardous food shall be kept at safe temperatures. Frozen food shall be kept in the safe temperature frozen state until thawed for preparation or dispensed to the customer. (10) Food shall be stored in a manner as to prohibit cross-contamination. (11) Mobile food vending units shall be operated from a commissary and shall report at least daily to such location for all supplies and for all cleaning and servicing operations provided mobile food vending units dispensing fresh fish and shrimp, prepackaged novelty ice cream, fruit and vegetables and individual portion size nonperishable foods such as pickles, candy, peanuts and including snow cones are exempt from this provision. (12) No food whether packaged or otherwise shall be stored on the floor of any vehicle used in the food vending operation. (13) Effective measures intended to eliminate the presence of flies, roaches, and other insects shall be utilized. All chemicals used for this purpose shall meet EPA guidelines and shall be used in such a manner as to prevent contamination of food or food contact surfaces. (14) A MVU used for food vending shall be constructed of corrosion- resistant, durable materials. (15) The floors and sides of any MVU used for food vending shall be constructed of materials which are easily cleanable. 8 (16) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulations of dust, dirt, food particles, splash, and other debris. (17) Equipment used for food vending shall be installed and maintained in such a manner that the equipment and the MVU used in the food vending operation can be easily cleaned. (18) A sink, lavatory, soap and paper towels on the vendor's vehicle shall be required for dispensing shrimp, fish, shellfish and crustacea. (19) Cleaning of all vehicles shall be accomplished in a seNicing area at the commissary and the MVU shall be cleaned as often as necessary but not less than once every twenty-four (24) hours, provided that vendors of prepackaged novelty ice cream, fruit and vegetables, snow cones and prepackaged nonperishable food shall be exempt from this provision. (20) No vendor wastes of any kind shall be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles or private dumpsters. (21) Solid waste shall he stored in an easily cleanable, covered container and disposed of during seNicing operations at the commissary. (22) Liquid waste resulting from any mobile vending operation shall be stored in permanently installed retention tanks of at least fifteen (15) percent larger capacity than the water supply tank but of no less than thirty-gallon capacity and shall be drained and thoroughly flushed during seNicing operations. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary. (23) Ice shall be from an approved source. (24) Stored ice intended for human consumption shall not be used as a medium for cooling stored food or food containers. (25) No food products shall be submerged under water or a water and ice mixture. (26) All food that requires packaging or preparation by the vendor shall be processed in the commissary that is required as a support facility for a mobile food vending unit, provided that snow cones are exempt from this requirement. (27) Mobile vending units dispensing snow cones shall be designed so as to enable the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of the unit from dust, insects and rodents while the unit is in transit or overnight storage. (28) Snow cone vendors shall have hand-washing facilities, detergent, water and paper towels in or upon the mobile vending unit. (29) Mobile vending units shall provide waste containers for customers at such times when the unit is parked. 9 (30) Deep fat, oil or grease cooking processes employing more than one quart of heated liquid shall be protected by an automatic fire extinguishing system. (31) Cooking processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public on three sides of the mobile vending unit or cooking equipment to a height of 18 inches above the cooking surface level and 4 feet above the level upon which the cart assembly rests. (32) Vessels containing heated liquids or oils shall be thermostatically controlled so heat sources will automatically shut off when liquid reaches a temperature of 475 degree F. (33) Storage of extra fuel is prohibited in the vending area except as permitted by the Fire Department. (34) Processes requiring flammable gases, liquid, or solid fuels shall not be permitted, unless approved by the Boynton Beach Fire Department. LPG containers shall be limited to no more than 5 gallons capacity and no more than one such container per cart or vending display. (35) Vendors using open-flame cooking where steaks, ribs, hamburgers, sausages, hot dogs, or other products containing fat or grease are cooked, shall not be stationed beneath an awning or canopy of a building. PERMIT REVOCATION OR DENIAL The Planning and Development Board and/or the Board of the Community Redevelopment Agency, respectively shall have the power and authority to revoke or deny either the issuance or renewal of any permit applied for or issued under the provisions of this ordinance. In such cases the applicant or permittee shall be notified in writing by certified mail of the denial of a permit application, or the suspension or revocation of an existing permit and the grounds thereof. Any permit issued under this ordinance may be suspended or revoked by City staff based on one or more of the following grounds: a) Cancellation of the vendor's permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation b) Expiration, suspension, revocation or cancellation of any other occupational license or permit required by the vendor. c) The permit was procured by fraud or false representation of fact. d) The abutting property owner or tenant withdraws consent, in writing, for the mobile vending unit. 10 e) Violations of this or any other ordinance, the City's municipal code, or when conditions exist that present a threat to the public health, safety, or welfare. Applicants who have been denied a permit and vendors who have had their permit revoked for any reason, may formally appeal, in writing, within ten (10) days of said denial or revocation, to the City Clerk for a hearing before the City Commission. Consideration of any appeal is at the discretion of the City Commission whose decision is final. Draft 5 - 7/02/07 S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 07-005 Mobile Vendors\DRAFT ORD-3.doc 11 EXHIBIT B Typical Examples of fv10bile Vending Carts Size 84" x 40" x 40" high plus height of canopy or umbrella, · 110 volt or 220 volt or dry ice versions · Weight about 500 Ibs. · Comes in any color. Size overall' 84" approximately 200 lbSX 28" x 36"; :,' ji ': ~ T .'1 18" 102" , 1 Bn-J' I S (('0 l~ t l k~ Examples of 4' x 3' Model V43 Vending Carts shown with optional features and equipment '1111' i ; ! ," l- X t ~.. f , , ... i /' - '"' -~. .' ..' "':: "',~ -::'"~:"~ .' . ",.. Examplesofi6'x 3'Model V63 V~nding Carts shpwn with optional features and equipment =15-~~ -.- .>," I'.' : .' EXamplesof8' x ]'Model V83 Vel1dingCarts shown with optional features and equipment "~~~~~~~~~ FR[E/'JPL~.,_ FI'.i-.:jj! :., :m'~'i:::::" 1. _ ;'. ,jii ~,-l ~", . . ,- - ttlu',,;:'i-~, Hot Dog Calis Factory Direct 800-915-4683 US Factory Hot Dog Carts Page 2 of4 '\ ~ Ji,/ ~"C ..;:; c: - tl: ~r :::f.i 8:: c... ! '" -. _ r ~ ~ .D 0 ,... ... ,..- - ..., ::)..., ;'" 0 . l:: \0- ~ .... ,.:.,; o-e ~ .-=: 0::= "- '" . o I'"f1 ~rr, Ice Cream Tow Top View bttp://wvvw.uscarts.net!swf.html?cartid=57 -0 ClJ ~~ ex: v >-- !! <ll- :: ~ .J:::. Z ~~ au:; t..!'1 , V1 '^ i 1.9 r- o~ CiO :::;g .-;'-"" s:~ ~ ~ ~ I- a:: <C U $: ~ 2 <:( l.J..I CC U w U 5/24/2007 Hot Dog Carts Factory Direct 800-915-4683 US Factory Hot Dog Carts Page 3 of 4 -! , ~: 5 rr'j -co 0;.0 ''''; <r ~~ l5"'- os:.; QO :;.-0 -'co . ~ ~ ,.... ~ ~ ~ ~ . ><::t "1 Q. ~ . o <"", I !I- 16 l~ ,0 !I- l~ liS ICC !u iUJ IU !- I ! t: ..c E -r -L ~ .' ..... "'._, ..~ .~,. ,M_'" .~ ,.<, >.. 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WE RESERVE THE RIGHT TO IMPROVE SPECIFICATIONS AND MATEf NOTICE, @ 2006 WillyDogs.com bttp:/ /www.uscarts.netlswf.html ?cartid=5 7 5/24/2007 1 2 ORDINANCE 3 4 5 ORDINANCE OF THE CITY COMMISSION OF THE 6 CITY OF BOYNTON BEACH, FLORIDA AMENDING 7 PART III, "LAND DEVELOPMENT REGULATIONS" 8 OF THE CITY'S CODE OF ORDINANCES, CHAPTER 2, 9 "ZONING" TO CREATE A NEW SECTION 19, 10 "MOBILE VENDORS" ESTABLISHING REGULATIONS 11 FOR MOBILE VENDORS OPERATING WITHIN THE 12 CITY, INCLUDING DEFINITIONS, LOCATION 13 RESTRICTIONS, PERMIT APPROVAL PROCESS, AND 14 OPERATIONAL REQUIREMENTS; PROVIDING FOR 15 CONFLICT, SEVERABILITY, INCLUSION; AND 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission for the City of Boynton Beach ("City") has been 19 advised that there are currently mobile vendors selling prepared foods that are operating in the 20 City on streets, sidewalks, and at convenience stores, and other commercial locations in the 21 City; and 22 WHEREAS, currently there are no zoning regulations for such mobile vendors, and, 23 as a result, such types of uses are not permitted within the City; and 24 WHEREAS, in order to permit the mobile vendors to operate within the City, and to 25 insure the protection of the public's health, safety, and welfare, the City Commission finds 26 that it is in the best interest of the health, safety, and welfare of the citizens of Boynton Beach 27 to enact regulations related to the operation of mobile vendors in the City. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA: 30 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 31 ratified and confirmed by the City Commission. S:\CA\Ordinances\Mobile Vendors 082207.doc 1 1 Section 2. That Part III, "Land Development Regulations", Chapter 2, "Zoning", of 2 the Code of Ordinances of the City of Boynton Beach is hereby amended by enacting a new 3 Section 19 entitled, "Mobile Vendors" to read as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A. PURPOSE The purpose of this ordinance is to provide for the regulation of street and sidewalk vending activities in certain commercial and mixed-use zoning districts of the City, in order to more fully promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of street and sidewalk vending is necessary to protect the public health. safety, and welfare and the interests of the City in the primary use of public streets and sidewalks for use by vehicular and pedestrian traffic. It shall be unlawful for any person, firm, corporation, or association to engage in or carryon the business of vending food, goods or services upon the public ways of the City of Bovnton Beach without first having secured a permit or permits as required by this ordinance. 19 20 ,. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 B. DEFINITIONS For the purpose of implementing and interpreting this ordinance, the followim!: definitions shall apply: Adulterated shall mean the condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, in a quantity which may render it iniurious to health. Aowoved manner shall mean that method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established bv the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Aooroved source shall mean a licensed food processing establishment considered satisfactory by the health director and serving food products which are clean, wholesome, free from adulteration or misbranding and safe for human consumption. Commercial or Mixed-Use Zone shall mean any property which is presently or hereafter zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-Ll, MU-L2, MU-L3 and MU-H or any commercial or mixed-use zoning districts subsequentlv adopted by the City of Boynton Beach. S:\CA\OrdinancesIMobile Vendors 082207.doc 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 45 46 Commissary shall mean a food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation in which food, containers or supplies are kept, handled, prepared. packaged or stored for transportation by mobile vendors. Corrosion resistant material shall mean a material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions and other conditions-of-use environment. Easilv cleanable shall mean that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods. Food shall mean any raw. cooked or processed edible substance, ice. beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. Food handler shall mean a person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. engaged in the preparation. handling or vending of food. Food vendor shall mean any person, grOUP of persons, firm or corporation who individually or by or through an agent or employer, offers for sale. sells, attempts to sell. exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot. Label shall mean a display of any written, printed. or graphic matter upon the immediate container. not including package liner. of any prepackaged article in accordance with state law. Liquid waste shall mean fluid, resulting from wastes produced from food vending operations, composed of solids, whether dissolved or in suspension: liquids, whether in solution. in emulsion or in separate phases: and gases. The term shall also include melted ice. Merchandise shall mean items of clothing, iewelry (including timepieces). photos, artwork, housewares, flowers, plants, landscape materials. carpets, phones and accessories, small appliances, medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media. Mislabeled and misbranded shall mean the presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as S:\CA\Ordinances\Mobile Vendors 082207.doc 3 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 stipulated by the Food and Drug Act, Title 2 L Chapter 1-101.15 or which violates any applicable federal, state or local labeling requirements. Mobile vending unit (MVU) shall mean any movable cart, trailer. or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of this ordinance shall not apply to mobile caterers or service providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retaiL for the convenience of the personnel of such establishments Perishable food shall mean food, including shelled eggs, of a type or in such condition that it will become, adulterated unless kept at a temperature which will maintain product quality and wholesomeness. Permit shall mean a license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the City's Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending. Potentiallv hazardous food shall mean any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a foml capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The tenn does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activitv (A W) value of 0.85 or less. Public wavs shall mean and include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, alleys, sidewalks, trails. and parking lots that are provided for public use or access. Safe temperatures, as applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (140) degrees Fahrenheit (sixtv (60) degrees Celsius) or above and zero degrees Fahrenheit (minus seventeen (17) degrees Celsius) or below for frozen food storage. Sanitize shall mean effective bactericidal treatment of cleaned surfaces of equipment and utensils by a process which has been approved by the Division of Hotels and Restaurants of the Florida Department of Business and S:ICAIOrdinanceslMobile Vendors 082207.doc 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 Professional Regulation as being effective 111 destroying microorganisms including pathogens. Services shall mean personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing household goods, tools, and equipment. Sinzle service articles shall mean cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded. Sticker shall mean a decal issued by the Planning and Zoning Division of the City's Department of Development that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile vending unit. Utensil shall mean any implement used 111 the storage, preparation, transportation or serving of food. Vehicle shall mean every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn. Wholesome shall mean in sound condition, clean, free from adulteration and otherwise suitable for use as human food. C. PERMITS REQUIRED FOR MOBILE VENDORS It shall be unlawful for any person, firm, corporation, or association to engage in or carryon the business of vending food, goods or services, upon private property or the public ways of the City of Boynton Beach without first having secured a permit or permits as required by this ordinance. It is not the intent of these regulations to be applied to mobile vendors temporally approved in coniunction with a special event. D. APPLICATION REQUIREMENTS Applications for a permit shall be filed at the Office of the Planning and Zoning Division of the City's Department of Development. Such application shall contain all the information required below, along with the current non- refundable fee, to qualify for the permit. A decision to issue a permit will be based on this information, other applicable ordinances, and other requirements as may be set forth herein. The applicant must satisfy the following requirements before a vending permit can be issued: S:ICA 10rdinances\Mobile Vendors 082207.doc 5 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 a) Submit the name and home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending or mobile vending unit to be used in the operation of the vending business. b) Submit written evidence of the approval for the vending site from the owner and/or tenant of the abutting property if the mobile vendor intends to be located on a public street or sidewalk. If the mobile vending site is located on private property, the applicant shall submit a COpy of the property owner's and/or tenant's approval for said vending site. c) Submit a scale drawing (plot plan) showing the area to be used, along with applicable dimensions, plans and/or photographs detailing the design and size of the MVU to be used including all appurtenances and signage to be displayed. d) For vendors proposing to locate on property owned or controlled bv the City of Boynton Beach, the applicant shall maintain in force, a comprehensive general and automobile liability insurance policy with a minimum coverage of $ 1,000,000 per occurrence; $ 1,000,000 aggregate for personal iniury; and S 1 ,000,000 per occurrence/aggregate for property damage. Said policies shall name the City of Bovnton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) davs prior written notice to the City. e) Evidence of state or county permits or other required approvals. f) For food vendors, the name and address of the commissary from which the vendor operates. g) Each vendor shall secure and maintain in force workers' compensation insurance to statutory limits or a workers' compensation waiver provided bv the vendor's insurance broker/agent. The vendor shall furnish the City's Risk Management Department with a certificate of insurance prior to operating in the City. Said insurance companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risks. E. FEES Each application for a street vending permit shall be accompanied bv a two hundred and fifty dollar ($250.00) application fee. The application fee shall be non-refundable and in addition to, and separate from, the pern1it fee of fifty S:ICA\OrdinancesIMobile Vendors 082207.doc 6 1 2 dollars ($50.00) per MVU and the fee for the business tax recept, all of which shall be collected prior to issuance of the permit. S:\CA\Ordinances\Mobile Vendors 082207.doc 7 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 F. PERMIT APPROVAL The Board of the Community Redevelopment Agency (CRA) or the City's Planning and Development Board (P&D) shall consider applications for a vendor's permit at regularly scheduled meetings of the respective Board. The applicant shall be permitted to make a brief presentation of his or her application and may be questioned by the Board. In detemlining whether to issue a pemlit, the Board( s) shall consider the standards and requirements set forth in this ordinance and input from Citv staff, the applicant, and the general public. In addition, the Board( s) may impose such special conditions to the pennit as they may deem necessary to assure compliance with this ordinance. In the event two or more applications are received for the same location, the earliest application, if approved, shall be awarded the location. Upon approval of the application by the respective Board, the permit shall become effective when the permit fee and business tax is paid. G. TERM OF PERMIT All permits issued pursuant to this ordinance shall be effective as of the nearest first day of the month, regardless of the actual date of issue, and shall expire one year from the effective date thereof, unless sooner revoked in the manner provided in this ordinance. H. PERMIT RENEWAL All permits issued pursuant to this ordinance may be renewed, unless the permittee is officially notified to the contrary by the City of Boynton Beach. A vendor applying for the renewal of a permit for a business that remains unchanged since the last application or renewal is required to pay the permit renewal fee only. Renewal must be requested 30 days prior to expiration. I. DESIGN and LOCATION Upon receipt of an application for a permit, the City and/or CRA staff shall review the design of the vending unit and the proposed location to determine if it is suitable for vending and provide a written report to the respective Board. In making its detennination, the staff shall consider the followin2: criteria: a) Mobile vending units are limited to one assigned location and a each unit in that location must be compatible in materials and color with the surrounding urban enviromnent. S:\CA\Ordinances\Mobile Vendors 082207.doc 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 b) No pennit shall be issued for a location within 100 feet of a location for which a street vending permit has already been granted. c) The operating area must be located entirely within a commercial or mixed-use zoning district. d) The use of the vending devices must be compatible with the public interest in the use of the public ways and public rights-of-way. In making such a determination, the staff shall consider the type and intensity of use, the width of the sidewalk, the proximity and location of existing street furniture, including but not limited to traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as well as the presence of truck loading zones. The staff shall also consider established and emerging pedestrian and vehicular traffic patterns, as well as other factors it deems relevant in detennining whether or not the proposed use would diminish required parking or result in congestion of the public ways or the creation of a safety hazard. e) A minimum clear passage of a four-foot sidewalk width must be maintained for pedestrian travel at all times. f) A mobile vending unit shall not be placed within three hundred (300) feet of the propertv line of any public or private day care, school, park, or playground, or a single- family residential zoning district. g) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any established ongoing legally zoned business selling similar foods or other merchandise. h) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any church, temple, mosque, synagogue or other place of worship. J. GENERAL RESTRICTIONS and REGULATIONS Any person with a valid permit issued pursuant to this ordinance shall be limited to the sale of merchandise or food, or to the providing of personal services and vehicle cleaning, as restricted herein and shall be subiect to the followin g additional restrictions and regulations: a) All vendors must display, in a prominent and visible manner, the permit issued bv the City under the provisions of this ordinance. Mobile vending units capable of operating on public rights-of-way shall also display a current State of Florida license tag. S:\CA\Ordinances\Mobile Vendors 082207.doc 9 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 b) All MVU s on public property, shall not OCCUpy an operating area of more than seventy-two square feet of space, which shall include the mobile unit(s), the operator(s), and a trash receptacle. A single entity may request approval for more than one MVU within the 72-square-foot operating area. Mobile vending units on private property shall be limited to the minimum area required to reasonably perform said services. c) The total size of a MVU on public property shall not exceed four and one half feet (54 inches) wide by eight feet (96 inches) long, including any hitch or fixed trailer components. It must have a minimum of two functional, fully inflated wheels, and have positive wheel-locking devices. Mobile vending units on private property shall be limited to the minimum size required to reasonably perform said services. d) The total height of a MVU on public property, including canopies, umbrellas, or transparent enclosures, shall not exceed seven feet (84 inches). Mobile vending units on private property shall be limited to the minimum height required to reasonably perfom1 said services. e) The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons. f) Soliciting or conducting business with persons 111 motor vehicles IS prohibited. g) All merchandise must be displayed on the vending unit. No merchandise shall be displayed using street structures (planters. trees, trash containers, signposts, etc.) or placed upon the sidewalk. h) Vendors shall not hinder or impede the use of any phone kiosk. mailbox, parking meter, fire alarm, fire hydrant, or traffic control device. i) Vendors shall obey any lawful order from a police or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk. i) Vendors shall not make loud noises or use mechanical audio or noise- making devices to advertise his or her product. k) No permitted mobile vending unit shall be left unattended. I) Each MVU shall be removed daily. An MVU shall not remain on anv public or private property, or any rights-of-way between the hours of midnight and 6:00 AM. S:ICA 10rdinancesIMobile Vendors 082207.doc 10 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 m) Vendors selling from a mobile vending unit on a sidewalk shall not: (1) wide. Vend at any location where the sidewalk is less than 10 feet (2) Vend within 20 feet of an entrance to any building, bus stop sign, driveway, stop sign, or cross walk of any intersection. (3) Obstruct the view of any directional sign, traffic control sign or device. n) All vending units must be self-contained. Utility service connections are not permitted. 0) Freestanding signs, flags, banners, tents, tarpaulins or awnings shall not be allowed within the road rights-of-way. All signs, flags, banners, tents, tarpaulins or awnings must be attached to, or resting against the vending vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by customers. In addition, any permitted operation, pursuant to this article, shall not display or otherwise erect freestanding signs, flags, banners or tents on public or private property within five hundred (500) feet of the permitted operation. p) Vendors of food or beverages shall comply with all applicable State and local health laws regulating the preparation, handling, and presentation of food. Food and beverage vendors shall also comply with the following: (1) Food handlers shall be certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and shall conform to good hygienic practices. The outer clothing of all food handlers in a mobile food- vending unit shall be clean, fully opaque and cover the entire torso from shoulders to the knee. (2) (3) (4) (5) (6) Food handlers shall use effective hair restraints to prevent the contamination of food. Food handlers shall not use tobacco in any form while engaged in the preparation and vending of food. Only single-service utensils shall be dispensed to the customer. All single-service items shall be stored in closed containers or cartons, off the floor of the vehicle, except that approved dispensers may be used for utensils and cups for immediate use in the vending operation. S:\CA \Ordinances\Mobile Vendors 082207.doc 11 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 (7) All food vended shall be from an approved source. (8) Food that is adulterated, mislabeled, spoiled or unclean shall not be used, sold, or provided. (9) All perishable and potentially hazardous food shall be kept at safe temperatures. Frozen food shall be kept in the safe temperature frozen state until thawed for preparation or dispensed to the customer. (10) Food shall be stored in a maimer as to prohibit cross- contamination. (11) Mobile food vending units shall be operated from a commissary and shall report at least daily to such location for all supplies and for all cleaning and servicing operations; however, mobile food vending units dispensing fresh fish and shrimp, prepackaged novelty ice cream, fruit and vegetables and individual portion size nonperishable foods such as pickles, candy, peanuts and including snow cones are exempt from this provIsIOn. (12) Food, whether packaged or unpackaged, shall not be stored on the floor of any vehicle used in the food vending operation. (13) Effective measures intended to eliminate the presence of flies, roaches, and other insects shall be utilized. All chemicals used for this purpose shall meet EP A guidelines and shall be used in such a maimer as to prevent contamination of food or food contact surfaces. (14) A MVU used for food vending shall be constructed of corrosion-resistant, durable materials. (15) The floors and sides of any MVU used for food vending shall be constructed of materials which are easilv cleanable. (16) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulations of dust, dirt, food particles, splash, and other debris. (17) Equipment used for food vending shall be installed and maintained in such a manner that the equipment and the MVU used in the food vending operation can be easily cleaned. (18) A sink, lavatorv, soap and paper towels on the vendor's vehicle shall be required for dispensing shrimp, fish, shellfish, and other crustacea. (19) Cleaning of all vehicles shall be accomplished in a servicing area at the commissary and the MVU shall be cleaned as often S:\CA\Ordinances\Mobile Vendors 082207 doc 12 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 (23) (24) (25) (26) (27) (28) (29) (30) (20) as necessary but not less than once every twenty-four (24) hours; however, vendors of prepackaged novelty ice cream, fruit and vegetables, snow cones and prepackaged nonperishable food shall be exempt from this provision. Vendor wastes of any kind shall not be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles or private dumpsters. Solid waste shall be stored in an easily cleanable, covered container and disposed of during servicing operations at the commIssary. Liquid waste resulting from any mobile vending operation shall be stored in permanently installed retention tanks of at least fifteen (15) percent larger capacity than the water supply tank, but of no less than thirty-gallon capacity, and shall be drained and thoroughly flushed during servicing operations. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary. Ice shall be from an approved source. Stored ice intended for human consumption shall not be used as a medium for cooling stored food or food containers. Food products shall not be submerged under water, or in a water and ice mixture. (21) (22) All food that requires packaging or preparation by the vendor shall be processed in the commissary that is required as a support facility for a mobile food vending unit; however, snow cones are exempt from this requirement. Mobile vending units dispensing snow cones shall be designed so as to enable the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of the unit from dust, insects and rodents while the unit is in transit or overnight storage. Snow cone vendors shall have hand-washing facilities, detergent, water and paper towels in or upon the mobile vending unit. Mobile vending units shall provide waste containers for customers at such times when the unit is parked. Deep fat, oil or grease cooking processes employing more than one quart of heated liquid shall be protected by an automatic fire extinguishing system. S:\CA\Ordinances\Mobile Vendors 082207.doc 13 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 (31) Cooking processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public on three sides of the mobile vending unit or cooking equipment to a height of 18 inches above the cooking surface level and 4 feet above the level upon which the cart assembly rests. (32) Vessels containing heated liquids or oils shall be thermostatically controlled so heat sources will automaticallv shut off when liquid reaches a temperature of 475 degrees Fahrenheit. (33) Storage of extra fuel is prohibited in the vending area except as may permitted by the Fire Department. (34) Processes requiring flammable gases, liquid, or solid fuels shall not be permitted, unless approved by the Boynton Beach Fire Department. LPG containers shall be limited to no more than a 5 gallon capacity and no more than one such container per Cali or vending display. (35) Vendors using open-flame cooking where steaks, ribs. hamburgers, sausages, hot dogs, or other products containing fat or grease are cooked, shall not be stationed beneath an awning or canopy of a building. K. PERMIT REVOCATION OR DENIAL The Planning and Development Board and/or the Board of the Community Redevelopment Agency, respectively shall have the power and authority to revoke or deny either the issuance or renewal of any permit applied for or issued under the provisions of this ordinance. In such cases the applicant or pennittee shall be notified in writing by certified mail of the denial of a pennit application, or the suspension or revocation of an existing permit and the grounds thereof. Notwithstanding the foregoing, any permit issued under this ordinance may be suspended or revoked by City staff based on one or more of the following grounds: a) Cancellation of the Vendor's pem1it issued bv the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation b) Expiration, suspension, revocation or cancellation of anv other occupational license or permit required by the vendor. S:\CA\Ordinances\Mobile Vendors 082207.doc 14 1 c) The permit was procured by fraud or false representation of fact. 2 3 d) The abutting property owner or tenant withdraws consent, 111 4 writing, for the mobile vending unit. 5 6 e) Violations of this or any other ordinance, the City's municipal code, 7 or when conditions exist that present a threat to the public health, 8 safety, or welfare. 9 10 Applicants who have been denied a permit and vendors who have had their 11 permit revoked for any reason, may formally appeal, in writing, within ten (10) 12 days of said denial or revocation, to the City Clerk for a hearing before the 13 City Commission. Consideration of any appeal is at the discretion of the City 14 Commission whose decision is final. 15 16 Section 3. Conflicting Ordinances. 17 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the 18 extent of such conflict. 19 Section 4. Severability. 20 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 22 the validity of the remaining portions of this Ordinance. 23 Section 5. Inclusion in Code. 24 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that 25 the provisions of this Ordinance shall become and be made a part of the CITY OF 26 BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be 27 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or 28 such other appropriate word or phrase in order to accomplish such intentions. 29 Section 6. Effective Date. 30 This Ordinance shall be effective immediately after adoption by the City Commission. 31 PASSED FIRST READING this _ day of ,2007. S:ICAIOrdinances\Mobile Vendors 082207.doc 15 SECOND AND FINAL READING ADOPTED this _ day of .2007. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 8 9 10 11 12 13 14 15 ATTEST: 16 17 18 JanetM. Prainito, CMC 19 City Clerk 20 (Corporate Seal) 21 Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA \Ordinances\Mobile Vcndors OHn07.doc 16 ,.,,,,,,,"',..;.j,,",,,.,,,,~i~'~,.<,,,,,O>..,",,,~.^. r,"V 0" (/.. . 0W'>'~',~.,. A , , \ , /0 . .J-. >"~ _ "-, \~ '" " , i 0 k XII. - LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci ty Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 r8J September 4, 2007 August 20,2007 (Noon) 0 0 September 18,2007 September 3, 2007 (Noon) 0 0 October 2, 2007 September 17,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 16,2007 October 1,2007 (Noon November 7,2007 October 15,2007 (Noon) November 20, 2007 November 5, 2007 (Noon) o ~ November 19, 2007 (NhtJ) C G') ~> n~ =:j-< -(0 (",-" '-OJ i'le ~2-< _il~Z December 4, 2007 NATURE OF AGENDA ITEM o o o o r8J AnnouncementslPresentations 0 Administrative 0 Consent Agenda r8J Code Compliance & Legal Settlements 0 Public Hearing 0 City Manager's Report New Business ~ J:> :z U')-~ e 0...,.. '1- ....."CO - f'T1 ":> rrlCJ ..... Legal Unfinished Business w ;:- RECOMMENDATION: Please place this request on the September 4,2007 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on July 24, 2007 recommended that the subject item be tabled for further review including consideration offrre safety, and the Community Redevelopment Agency Board on August 14,2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-072. EXPLANATION: PROJECT: AGENT: DESCRIPTION: Open-air Pavilions (CDRV 07-003) City-initiated Request to amend the Land Development Regulations Part III, Chapter 2. Zoning. Section 4.B by the addition of provisions and regulations for "Open-air pavilions" that will include pavilions, gazebos, and tiki/chickee huts, and corresponding setbacks and size criteria. PROGRAM IMP ACT: FISCAL IMP ACT: AL TERNATIVES: 1//7 vSL. ~anager's Signature Assistant to City Manager ~ Devel L Planning an City Attorney I Finance S:\Planning\SHARED\WP\SPE PROJ\CODE REVIEw\CDRV 07-004 Open-air pavilions gazebos tiki-chickee huts\Agenda Item Request Open-air structures CDRV 07-004 9-4-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-072 (Rev.) FROM: Chair and Members Planning & Development Board Community Redev~or~t Agency Board Michael W. RumpffJ"~ Director of Planning and Zoning TO: DATE: July 16, 2007 RE: CODE REVIEW / CDRV 07-003 Accessory Buildings - Open-air pavilions (i.e. gazebos, tiki and chickee huts, etc.) (Interim amendments to LDRs) NATURE OF REQUEST Staff is proposing amendments to the Land Development Regulations intended to add regulations and provisions that address current deficiencies in Chapter 2, Zoning, Section 4.B. AccessOlY Buildings. Currently, there are no specific regulations/provisions applicable to those accessory structures that staff has labeled "open-air" structures pavilions, which include such improvements as pavilions, gazebos and tiki or chickee huts. The proposed amendments would include maximum area and height criteria, and special minimum setbacks. BACKGROUND The City's setback regulations are tailored to types of improvements, which are generally categorized as "principal buildings", "accessory buildings", and "other structures". The category "accessory buildings" is divided to distinguish between typical detached garages for residential units, and small storage structures such as sheds. Lastly, "other structures" include subordinate elements that may be attached to, or separate from the principal or accessory structure, and include for example antennas, awnings, basketball equipment, fountains and trellises. Such structures are significantly less in height and mass than a principal structure, therefore warranting lesser setbacks than the minimum setbacks applicable to a principal structure. Recently, it has been determined necessary to add provisions for a type of structure that has been excluded from the categories described above, which has, in part, caused the lack of appropriate review and processing of such improvements. Also contributing to the deficient or inconsistent handling of these improvements is the exemption from local building permit requirements. Florida Statutes, Chapter 553.73 exempts "chickee huts" from the requirements of the Florida Building Code. Simply stated, Florida Law exempts these improvements from the Building Code and permitting requirements if the following criteria are met: 1) The chickee huts are constructed by either the Miccosukee or Seminole Indian Tribes; CDRV 07-004 8/3/2007 Page 2 2) The improvement is an open-sided wooden hut (i.e. detached from the principal or accessory structure); 3) The hut includes a thatched roof of palm or palmetto or other traditional materials; and 4) The structure excludes any electrical, plumbing, or other non-wood features. Despite the exemptions described above, state law does not exempt such improvements from zoning regulations, and therefore, they are subject to local setback requirements. However, by virtue of the permit exemption, the public may overlook, or be discouraged from identifying other applicable city requirements. Historically, such improvements may have been small in size, which allowed for the occasional application of the provisions and setback restrictions applicable to storage sheds. In the absence of specific regulations tailored for such structures, they may be mislabeled as an "accessory building", allowing minimal separation from "principal buildings" and property lines. PROPOSED AMENDMENTS Existing regulations As noted above, due to lack of the building permit requirement and specific zoning provisions, regulation has been inconsistent to non-existent, typically relying upon the same setback regulations designed for storage sheds. Proposed regulations The purpose of the code amendment would be to establish a definition for this group of structures, add these structures under "Other Structures" within the City's Zoning Regulations, provide for setback provisions, and lastly, establish a review procedure to ensure compliance with both local and state law. As such, staff proposes the following regulations: Definitions- Oven-air vavilion (Gazebo, Tiki Hut. Chickee Hut, etcl - A detached ancillary structure, open on all sides, with a vartial to full roof covering of some type, used for but not be limited to, recreation, entertainment, or meditation purposes. Such structures shall include but not be limited to gazebos; tiki, chickee or chiki huts; tea houses,' or other like vavilions. Chickee or Chiki Hut (e. k. e. Tild Hut) - A type of "open-air structure vavilion" that is specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or other traditional materials, constructed by a member of the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of Florida, and does not incorporate any electrical, plumbing, or other non-wood features into its construction. This type of structure is specifically defined pursuant to the review and approval consistent with Florida Law. Permitting and regulations- 1. All proposed open-air pavilions including "chickeelchiki" huts to be constructed in the City must be permitted. 2. The following documents must be submitted when applying for a permit for an "ehiekee" oven-air vavilion hut: CDRV 07-004 8/3/2007 Page 3 a) A completed permit application; b) A site plan or survey that indicates the location of the proposed structure and the distance from the rear and side property lines, and other structures on the same site; and c) If applicable, proof that the person doing the construction is a member of the Miccosukee or Seminole Tribe of Florida. This shall be a copy of the tribal members identification card. 3. In single-family and single-family/two-family residential zoning districts, a!1 "chic/ccc/chiki" ooen-air pavilion hut which does not exceed one-hundred and fifty (J 50) square feet in floor area and twelve (J 2) feet in height, measured at the mean roof height for sloped roofs, shall be located with the following minimum setbacks: a) The side setback shall be allowed to follow the existing wall of the principal building provided it does not further encroach into the setback or shall meet the minimum side setback requirement, whichever is least restrictive; and b) The rear setback shall be eight (8) feet, however in instances where the rear yard abuts a body ofwater, golf course, park, interstate or railroad right-ofway, commercial/industrial property, or the perimeter wall of a development abutting other than residential property, the rear setback may be reduced to three (3) feet. In addition, the proposed structure must be located a minimum of three (3) feet from any principal, accessory or other buildings and structures on the property. For all cases in which the total square footage of one or more tt open-air pavilions tffltgk structure or combina.tion of such structures exceeds one-hundred and fifty (J 50) square feet of floor area, or exceeds twelve (J 2) feet in mean roof height, the building setbacks of the zoning district in which it is located shall apply. In no instance shall the structure be located in front of the principal building, in a utility or drainage easement, or in a required landscape buffer. 4. In Planned Developments, the regulation of these structures shall be in accordance with the approved Master/Site Plan. If the Master/Site Plan is silent relative to these accessory structures, their installation shall only be in conformance with the approved building setbacks noted on the Master/Site Plan. 5. The installation of such structures in multi-family residential, mixed use, and commercial/industrial zoning districts shall meet all building setback regulations for the zoning district in which it is located. In addition, the proposed structure must be located a minimum of twenty-five (25) feet from the principal building(s) on the property and from another such structure. The City shall consider other distances calculated by a licensed Fire Protection Engineer in accordance with NFP A 80A Protection of Buildings from Exterior Fire Exposures. 6. The squarefoot area shall be determinedfrom the dimensions taken from inside the support posts, provided the roof overhang does not exceed three (3) feet. For those structures that are supported by a single pole (i. e. umbrella shape), the area measurements shall be the taken from the drip line of the roof structure. CDRV 07-004 8/3/2007 Page 4 7. Upon completion of the work, the permit applicant shall schedule an inspection to verify the location of the structure. Existing improvements As is always the case, the potential exists to create non-conforming situations anytime new or more restrictive code amendments are enacted. As such, staff proposes the following regulations: 1. All "chickeelchiki huts" constructed prior to the adoption of these regulations, within single- family and single-family/two-family residential zoning districts without the benefit of a permit and not in compliance with the regulations noted herein, shall be considered non-conforming structures as defined in the City of Boynton Beach Land Development Regulations and are required to obtain a permit from the City to retain such non-conforming status; 2. Structures in all other zoning districts and/or structures that do not meet the definition of a qualifying "chickeelchiki hut" shall be subject to the requirements of all applicable codes including the Florida Building Code, City of Boynton Beach Land Development Regulations and the Florida Fire Prevention Code; 3. Those existing structures which fail to meet the permitting requirements must be brought into compliance or removed; and 4. Failure to obtain compliance with the codes will subject the owner of the property to Code Enforcement action to obtain compliance. RECOMMENDATION Staff recommends that these proposed amendments to Land Development Regulations, Chapter 2. Zoning, Section 4.B. Accessory Buildings be approved, in order to provide staff and the citizens with a clear set of definitions and regulations to accommodate open-air pavilions, and in particular chickee/chiki huts. MR/EB S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\07-004 Open-air pavilions, gazebos, tiki or chickee huts.doc 1 ORDINANCE 2 3 ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 PART III, "LAND DEVELOPMENT REGULATIONS", 6 CHAPTER 1. "GENERAL PROVISIONS", AND 7 CHAPTER 2. "ZONING" OF THE CITY'S CODE OF 8 ORDINANCES TO PROVIDE FOR REGULATION OF 9 OPEN AIR PAVILIONS CONSTRUCTED WITHIN THE 10 CITY, INCLUDING DEFINITIONS, SETBACK 11 REQUIREMENTS, DESIGN, AND SIZE CRITERIA; 12 PROVIDING FOR CONFLICT, SEVERABILITY, 13 INCLUSION; AND EFFECTIVE DATE. 14 15 WHEREAS, the City Commission for the City of Boynton Beach ("City") has been 16 advised that there are currently no specific regulations/provisions applicable to those 17 accessory structures that staff has labeled "open-air" pavilions, which include such 18 improvements as pavilions, gazebos and tiki or chickee huts; and 19 WHEREAS, the City Commission finds that it is necessary and appropriate to 20 provide standards for the construction and placement of such "open-air" pavilions in order to 21 insure that proper setbacks are provided with respect to existing buildings, so as to insure 22 minimal interference with neighboring uses; and 23 WHEREAS, in order to permit the installation and construction of such "open-air" 24 pavilions, and to insure the protection of the public's health, safety, and welfare, the City 25 Commission finds that it is in the best interest of the health, safety, and wel fare of the citizens 26 of Boynton Beach to enact regulations related to the installation of "open-air" pavilions, 27 including, but not limited to gazebos, tiki huts, and chickee huts in the City. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA: 30 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby S:\CA \Ordinances\Open Air Pavilions (REV 1 ).doc 1 ratified and confirmed by the City Commission. 2 Section 2. That Part III, "Land Development Regulations", Chapter 1, "General 3 Provisions", of the Code of Ordinances of the City of Boynton Beach is hereby amended by 4 amending Article II. "Definitions" to add the following two new terms and definitions: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Chickee or Chiki Hut (a.k.a.Tiki Hut) - A type of "open-air structure pavilion" that is specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or other traditional materials, constructed by the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of Florida, and does not incorporate any electrical. plumbing, or other non-wood features into its construction. This tyPe of structure is specifically defined pursuant to the review and approval consistent with Florida Law. Open-air pavilion (Gazebo, Tiki Hut, Chickee Hut, etc.) - A detached ancillary structure, open on all sides, with a partial to full roof covering of some type, used for but not be limited to, recreation, entertainment, or meditation purposes. Such structures shall include but not be limited to gazebos; tiki, chickee or chiki huts; tea houses; or other like pavilions. Section 3 That Part III, "Land Development Regulations", Chapter II, 20 "Zoning", of the Code of Ordinances of the City of Boynton Beach is hereby amended by 21 amending Section 4.B., "Accessory Buildings" with the addition of a new subsection "3" 22 that reads as follows: 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3. Open-air pavilions as defined in Chapter 1, Article II. of the Land Development Regulations, may be erected in accordance with the following regulations and provisions: a. All open-air pavilions excluding qualified chickee and chiki huts, must be permitted in accordance with the City's Zoning Regulations and the Florida Building Code. b. Open air pavilions intended to qualify as a Chickee or Chiki hut (see Chapter 1, Article II. Definitions), must be reviewed for consistency with the regulations of this section and Florida Statutes. The issuance of a zoning verification letter will represent a determination of consistencv. The following information must be submitted for approval: S:\CA \Ordinances\Open Air Pavilions (REVl ).doc 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 45 (1) A site plan or survey that includes scaled dimensions of the proposed structure including setbacks; (2) Proof that the builder is a member of either the Miccosukee or Seminole Indian Tribes of FlOIida. This shall be a coPY of the tribal members identification card. (3) Drawings or images of the proposed structure indicating the open design, roof materials, and height. c. In single-family and single-family/two-family residential zoning districts, an "open-air" pavilion which does not exceed one-hundred and fifty (150) square feet in floor area and twelve (12) feet in height, measured at the mean roof height for sloped roofs, shall be located according to the following standards: ( 1 ) The side setback shall be allowed to follow the existing wall of the principal building provided it does not further encroach into the setback or shall meet the mInImUm side setback requirement, whichever is least restrictive; (2) The rear setback shall be ei ght (8) feet; however, in instances where the rear yard abuts a body of water, golf course, park, interstate or railroad right-of-way, commerciallindustrial property, or the perimeter wall of a development abutting other than residential propertv, the rear setback may be reduced to three (3) feet. (3) The proposed structure must be located a mInImUm of three (3) feet from any principal, accessory or other building and structure on the property. ( 4) F or all cases in which the total square footage of one or more open-air pavilion or combination of such structures exceeds one-hundred and fifty (150) square feet of floor area, or exceeds twelve (12) feet in mean roof height, the principal building setbacks of the zoning district in which it is located shall apply. (5) The open-air pavilion shall not be placed in front of the principal building, in a utility or drainage easement, or in a required landscape buffer. d. In Planned Developments, the regulation of these structures shall be in accordance with the approved Master/Site Plan. If S:\CA \Ordinances\Open Air Pavilions (REV I ).doc 3 1 2 ! 3 4 5 6 7 I 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 the Master/Site Plan is silent relative to these accessory structures, their installation shall only be in conformance with the approved building setbacks noted on the Master/Site Plan. e. The installation of such structures in multi-family residential. mixed use, commercial. and industrial zoning districts shall meet all building setback regulations for the zoning district in which it is located. In addition, the proposed structure must be located a minimum of twenty-five (25) feet from the principal building(s) on the property and from another such structure. The City shall consider other distances calculated by a licensed Fire Protection Engineer in accordance with NFPA 80A Protection of Buildings from Exterior Fire Exposures. f. The square foot area of the open-air pavilion shall be determined from the dimensions taken from inside the support posts, provided the roof overhang does not exceed three (3) feet. For those structures that are supported by a single pole (i.e. umbrella shape), the area measurements shall be taken from the drip line of the roof materials. g. All chickee/chiki huts constructed prior to the adoption of these regulations, within single-family and single-family/two-family residential zoning districts, without the benefit of a permit and not in compliance with the zoning regulations noted herein, shall be reviewed for compliance with the qualification requirements for a chikee hut as established by State Law. If determined consistent with State Law, such structures shall be considered non-conforming structures as defined in the City of Bovnton Beach Land Development Regulations. Those improvements determined inconsistent with State Law shall be processed in accordance with the following subsection. h. Except for chickee/chiki huts, all other open-air pavilions constructed prior to these regulations without the benefit of a pennit and that do not comply with Zoning Regulations, due to application of permitting requirements, must be removed or brought into compliance with all applicable regulations of the City. i. Failure to comply with the provisions of this section shall be considered a violation of the City's code of ordinances, and subiect the property owner to being cited by the City for failure to comply with these code provisions pursuant to the City's Code Compliance provisions, or any other legal process authorized by law. S:\CA \Ordinances\Open Air Pavilions (REV I ).doc 4 1 Section 3. Conflicting Ordinances. 2 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the 3 extent of such conflict. 4 Section 4. Severability. 5 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 6 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 7 the validity of the remaining portions of this Ordinance. 8 Section 5. Inclusion in Code. 9 It is the intention of the City Commission of the City of Boynton Beach, Florida, that the 10 provisions of this Ordinance shall become and be made a part of the City of Boynton Beach 11 Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered 12 ,I and the word "ordinance" may be changed to "section," "article," or such other appropriate I 13 word or phrase in order to accomplish such intentions. 14 Section 6. Effective Date. 15 This Ordinance shall be effective immediately after adoption by the City Commission. 16 [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK] S:\CA\Ordinances\Open Air Pavilions (REVl ).doc 5 1 PASSED FIRST READING this _ day of ,2007. 2 SECOND AND FINAL READING ADOPTED this _ day of ,2007. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 ATTEST: 17 18 19 20 I 21 'i Janet M. Prainito, CMC 22 I' City Clerk 23 24 II 25 26 (Corporate Seal) Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA \OrdinanceslOpen Air Pavilions (REVl ).doc 6 XII. - LEGAL - 1st Reading ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1vl 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 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon r8J September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October ]5,2007 (Noon) 0 September 18,2007 September 3,2007 (Noon) 0 November 20,2007 November 5,2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda r8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve the attached Ordinance on first reading to amend Chapter 2, Section 2-13.2 of the City of Boynton Beach Code of Ordinances, relating to the Community Redevelopment Agency (CRA). EXPLANATION: When the City Commission recently declared itself to be the CRA Board pursuant to the authority set forth in Florida Statute 163.357, it rendered obsolete the provisions of the City Code being amended by this Ordinance. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNATIVES: None. ~wz~ City Manager's Signature Assistant to City Manager ~ ~7Jl'S Department Head's Signature .~~ City Attorney Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 II I 20 I 21 22 23 24 25 26 27 28 29 30 ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE I OF CHAPTER 2 SECTION 2-13.2 RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO PROVIDE THAT THE CITY COMMISSION SHALL BE THE GOVERNING BODY OF THE CRl\. AND THE MAYOR AND VICE MAYOR THE CRA CHAIRPERSON AND VICE-CHAIRPERSON; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, On June 16, 2007 the City Commission of the City of Boynton Beach, Florida, pursuant to the authority vested in the Commission as set forth in Section 163.357, Florida Statutes, designated itself to be the community redevelopment agency of the City of Boynton Beach and vested itself with all rights, powers, duties privileges, and immunities vested by law in the community redevelopment agency, subject to all responsibilities and liabilities imposed or current; and WHEREAS, the City Commission desires to conform the City's Code of Ordinances to properly reflect that the City Commission constitutes the community redevelopment agency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Article 1, "Administration" of Chapter 2, Sec. 2-13.2. is hereby amended to read as follows: Sec. 2-13.2. Governing body of community redevelopment agency. (a) The members of the City Commission shall appoint in accordance v,'ith the provisions of Chapter 163.357(1 )(gc), Florida Statutes, constitute the governing bodv (Board) of the Page 1 I Community Redevelopment Agency. the board of commissioners .ill1.Qas the governing body of 2 the community redevelopment area. The board viill bo composed of~seven (7~) members. 3 (c) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor 4 the Vice Chairperson of the Board of the Community Redevelopment AgencyThe City 5 Commission, at the last meeting in March of each year, commencing March 2001, shall 6 appoint the Chair and Vice Chair of the Community Redevelopment Agency. The term 7 of appointment to the position of Chair or Vice Chair of the Board is one (1) year 8 commencing the first Tuesday in "^~pril follo\ving appointment. Board members may be 9 appointed to consecutive terms as Chair or Vice Chair, not to exceed three (3) 10 consecutive terms 11 Section 3. Conflicting Ordinances. 12 All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to 13 the extent of such conflict. 14 Section 4. Severability. 15 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 16 unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect 17 the validity of the remaining portions of this Ordinance. 18 Section 5. Inclusion in Code. 19 It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that 20 the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON 21 BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or 22 relettered and the word "ordinance" may be changed to "section," "article," or such other 23 appropriate word or phrase in order to accomplish such intentions. Page 2 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 6. Effective Date. This Ordinance shall be effective immediately after adoption by the City Commission. PASSED FIRST READING this _ day of ,2007. SECOND AND FINAL READING ADOPTED this _ day of .2007. CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: Commissioner - Carl McKoy Janet M. Pr~inito, CMC City Clerk (Corporate Seal) Page 3 CITY OF BOYNTON BEACJ AGENDA ITEM REQUEST FO~ XIII-UNFINISHED BUSINESS ITEM A. Requested Cllv Commission Date Fmal Form Must be Turned Requested CIty Commission Date Fmal Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office r8J August 21,2007 August 6, 2007 (Noon) 0 October 16, 2007 October 1,2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 November 19,2007 (Noon) 0 Anno uncem ents/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: To receive a report from staff regarding revisions to the Recreation & Parks Department Revenue Policy Manual that will be effective beginning October 1, 2007. The City Commission has authorized the City Manager, upon recommendation by the Recreation & Parks Director, to amend and update this document. However, with the anticipated high interest in using the City's new recreational facilities, staff wanted to share information regarding usage fees with the Commission. EXPLANATION: The Recreation & Parks Department's Revenue Policy Manual contains the department's philosophy, guidelines, and policies and procedures regarding fees and charges and accounting for all revenue. In addition, the Fee Schedule sets fees and/or fee ranges for all fees charged by the Department, including those for facility usage and recreation programs. Three new facilities (Intracoastal Park Clubhouse, Sims Center and Wilson Pool) will be opening over the next year, and fees must be established for their use. In addition, all facility rental fees were reviewed. Fee ranges for recreation programs were increased to allow for growth over the next several years. PROGRAM IMPACT: The revised Revenue Policy Manual will allow the City to increase program fees and charges in line with the increased costs of providing the programs and services. Additionally, revenue from facility rentals will be increased. FISCAL IMP ACT: N/ A ALTERNA~IVES: Do n~ /" ~~.__.,.~. w.,.,....~,,,..,, Department Head's Signature nature Assistant to City Manager C/h1../ Recreation & Parks Department Name City Attorney I Finance SIBULLETIN\FORMS\AGENDA rTEM REQUEST FORM. DOC City of BOYl1ton Beacll Recreation aIle} Parl<s DelJartl11ent Boyntoll Beach~ Florida i We Make <.:;~,'" ", ~;' ,'. < l,- .re fun" .... . ',' T I . . 'Ii; _ i. . -...,;# BO':,mton Beach Recreation ond Pod:); rtrnent CONTENTS I. Statement of Philosophy...................................................................... 1 II. Statement of Need ...............................................................................1 III. Authority and Responsibility ................................................................ 1 IV. Fees and Charges, Goals and Guidelines........................................... 2 V. Financial Assistance' Guidelines ........................................................10 VI. Contractual Receipts Guidelines .......................................................12 VII. Compulsory Resource: Dedication Ordinance .................................. 14 VIII. Accounting for All Revenues.............................................................. 14 IX. Annual Review......... ...... ........ ...... ....... ............................... .......... ...... 16 X. Fee Schedule ..................................................................................... 17 Adopted: 9/21/93 Revised: 12/5/00,10/21/03,4/20/04,8/21/07 Recreation & Parks Department Revenue Policy Manual CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT REVENUE POLICY MANUAL I. STATEMENT OF PHILOSOPHY The basic philosophy of the Boynton Beach Recreation and Parks Department is to offer year- round diversified recreation services, ensuring that all citizens have equal opportunity for participation. However, since the demand upon the Department is greater than the public's ability to appropriate public funds to support that demand, it becomes necessary to charge fees and pursue other supplementary revenues and resources. Fees and charges for parks and recreation services will provide only one source of finance for the Department. They will be thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and recreation services, a matrix which includes general fund appropriations, contractual receipts, land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges will supplement these other resources, not replace them nor be used to diminish government's responsibility to provide open space and leisure opportunities. Rather, fees and charges will be viewed as a method to expand and to continue to provide basic services on an equitablE. basis. The general benefit of services made possible through fees and charges must exceed any detriment imposed by the fees, and collections must be practical and economical. II. STATEMENT OF NEED It is the responsibility of the Boynton Beach Recreation and Parks Department to offer a comprehensive recreation program and to provide public park land. Because of heavy demands for new and expanded services and because of the increase in operating expenses, it has become necessary to adopt a sound and consistent policy that will guide the search and generation of supplementary revenues to tax dollars. III. AUTHORITY AND RESPONSIBILITY The revenue policy was formally adopted on September 21, 1993 by the Boynton Beach City Commission. The City Commission and City Manager have authorized and charged the Recreation & Parks Director with providing oversight in the implementation of the policy, anc' establishing appropriate procedures to administer the policy's goals and guidelines. The City Recreation & Parks Department Revenue Policy Manual Commission authorizes the City Manager, upon recommendation by the Recreation & Parks Director, to amend and update this document as may be necessary. Changes proposed by staff and approved by the City Manager will be placed in public file for 14 days and circulated to the City Commission for review by exception. IV. FEES AND CHARGES, GOALS AND GUIDELINES A. BASIC SERVICES 1. The City of Boynton Beach will continue to provide basic park and recreation services at no charge in order to protect and conserve natural and historical properties and to promote the physical and mental well-being of its citizens. Examples of basic services include staff supervised therapeutic recreation, recreation center level games and programs, and various youth, adult and senior citizen active and passive recreation activities, both indoors and outdoors. 2. Public funds will be used to acquire, improve and manage all park land whenever possible, charging no fees to Boynton Beach residents for entrance into neighborhood parks, comfort stations, greenway and trails, playgrounds, recreation and community centers. However, the Recreation & Parks Director may recommend nominal fees as necessary for control of these areas. B. GENERAL GUIDELINES 1. Charging fees is an equitable method of recovering a portion or all costs of specialized or personal recreational services. 2. Resident and Non-Resident Fees 3. Fees for non-residents will be a minimum of 25% above the fee for residents, with a minimum charge to non-residents of $3.00 above the resident fee for programs and services priced under $12.00. 2 Recreation & Parks Department Revenue Policy Manual 4. To ensure equitable services and reasonable fees to the public, staff will submit proposed program fee increases in writing for approval by the Recreation 6- Parks Director. All fees will remain within the approved fee schedule. C. FEE CLASSIFICATION Fees charged for programs, facilities and services provided shall be classified as: 1 . rental fees 2. special service fees 3. permit fees 4. admission, parking and entrance fees 5. user fees 6. sales 1. RENTAL FEES will be charged for the privilege of exclusively using tangible public property or building structures without consuming or injuring them in any way. Examples include facility room rentals, ~ shelters pavilions and othe park facilities. 2. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles, commodities, activities, materials, or services as an accommodation to the public which are not provided as part of the Department's basic, free public services. Examples include keys, field preparation, lights, staff, custodial and processing fees. 3. PERMIT FEES will be charged for permission or written authorization for a specified lawful action or use of a facility. Examples include sports leagues. tournaments, special event permit fees in accordance with Article I, Section 13- 20 of the Code of Ordinances as detailed in the Special Event Handbook. and vending and exhibitor fees for various events. 4. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter c building or structure. These facilities usually offer an exhibit, show, performance. 3 Recreation & Parks Department Revenue Policy Manual concert, ceremony or demonstration. Examples include special performances or events which require high cost talent, specialists, technicians, equipment, extra supervisory and maintenance personnel, or where the net revenue generated is used to offset the program or facility costs. Parking fees may be charged at designated parks to control overcrowding and subsequent damage to greenways and roadways, to minimize vandalism, provide additional patron safety, or to offset a portion of park operational costs. 5. USER FEES may be charged for participation in an activity. The patron usually enjoys the privilege of use with others. Examples include instructional classes, trips, tours, camps, sports clinics, workshops, etc. 6. SALES include merchandise transferred (sold) from the department which become the property of the user. Examples include promotional items, arts and crafts supplies, merchandise related to programs and services offered, and departmental tabloid, bulletin, newsletter or program advertising space. D. DIFFERENTIAL FEES In addition to fees differentiated according to residency, fees for programs, services and facilities may be differentiated according to the financial objectives of the following organizations: Commercial/Profit ~ Non-profit Private/Family Sffieffis ~BlIS ~-E.xempt Examples include facility rentals for private/commercial gain, non-profit group meetings and family celebrations. The Recreation & Parks Director shall establish the fee for the above organizations based upon the fee schedule. 4 Recreation & Parks Department Revenue Policy Manual E. RECOVERING PARTIAL COSTS 1. The public will be charged user fees, special service fees, sales fees, or rental fees for special services and special facilities based on the exact costs associated with the "extra" service, or based upon a specified percentage of all direct costs when the exact costs cannot be figured. 2. Fees will recover the exact costs or a percentage of direct costs for special services and facilities when: a) The cost per user hour of the service is high; b) The activity uses consumable material; c) The service requires a facility with high capital, operating or maintenance costs; d) The activity requires special preparation or clean-up; e) The activity requires special instruction at extra cost; f) The service is extended beyond the normal operation. 3. Special services include, but are not limited to, organized adult athletics, instructional youth and adult programs, tournaments and youth and adult out-of- town trips and tours. 4. Special facilities include, but are not limited to, one time room rentals, lighted ball fields and tennis courts, pools and pavilions pfBfHG--sfl.eltef5. Exact rates will be set each year and published in the Fee Schedule. F. RECOVERING DIRECT COSTS 1. Direct operational costs will include all transportation, lodging, and personnel necessary to conduct the program, rental of facilities, purchase of equipment and supplies, and utility costs directly related to the program. 5 Recreation & Parks Department Revenue Policy Manual 2. Programs that will recover direct costs may include, but are not limited to, special recreational programs, instructional classes, out-of-town trips and tours and organized sports. 3. The established fee for co-sponsored fund-raising programs with other public agencies or volunteer organizations shall cover the Department's contribution to the direct costs of offering the activity and facility. 4. When not in use for Department-sponsored and co-sponsored activities, designated areas, facilities, and equipment may be rented by organizations and the general public. Rentals will be computed to recover all direct costs. 5. Equipment rental rates will be based on original cost and depreciable life. G. RECOVERING ALL COSTS PLUS SURPLUS Upon approval by the Recreation & Parks Director, public property may be used by closed membership groups and proprietary or commercial groups who want to use public property for financial gain or profit. The fee charged for use of the public park land and facilities will be comparable to the prevailing commercial rates, or must recover all costs to the Department, whichever is greater. An additional fee for the privilege of conducting business on public property will be charged. 1. Commercial or promotional activities on park land will be permitted only when they are clearly not in conflict with ongoing Department-sponsored programs, or if the program can be conducted without any restriction of public use for a reasonable period of time. 2. Commercial or promotional activities in parks and facilities will be authorized only if they provide a public service and meet a legitimate public need. 6 Recreation & Parks Department Revenue Policy Manual 3. Commercial or promotional use of public facilities including use of public names of structures will not be authorized if such use constitutes an expressed 01 implied City endorsement of commercial products, services or activities 4. Sponsors of profit-making, commercial activities conducted on park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incidents, an amount of coverage which meets City requirements as approved by the Risk Manager. 5. The sponsors of profit-making, commercial activities conducted on City recreation and park property must pay the City a minimum of twenty-five percent (25%) of the gross receipts in addition to the prevailing rental rate. a) Within thirty (30) days after a commercial or promotional activity, an itemized list of all income associated with such an event must be transmitted to the Recreation & Parks Director or his designee, together with twenty-five percent (25%) of the gross income. b) A deposit may be required by the Director in advance of the event. 6. Charitable, non-profit, community-serving organizations that conduct an event on City recreation and park property for the purpose of raising funds, not sponsored by the Department, may pay a facility rental fee, maintenance fee, or a percentage of their gross receipts, as determined by the Recreation & Parks Director. 7. Charitable sponsors of profit-making activities conducted on City recreation and park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incident, an amount which meets City requirements as approved by the Risk Manager. 7 Recreation & Parks Department Revenue Policy Manual H. REVENUE PRODUCING FACILITIES Revenue producing facilities may be developed in parks to supplement General Fund revenues and to provide Boynton Beach residents additional recreational opportunities. The number and type of these kinds of facilities will be determined based on need. The service itself must be the FIRST priority. Thus, revenue producing facilities will be considered a basic resource of the recreation and park system, and will be constructed with public funds. Depending on the nature of the service they provide, they may be operated and maintained from user fee revenues. Where user fee revenues do not have the potential to maintain the facility to a high standard of service, General Fund monies will be used to assure continuation of the service to the public. 1. General Fund appropriations will be requested to support the operation of all park & recreation facilities. While these facilities may be capable of generating sufficient revenues to offset their operational costs, the General Fund appropriations will provide an adequate cash flow during fluctuations of revenue due to weather, seasonal changes and varied participation by the public. 2. Fees collected from revenue producing programs or facilities may be deposited in a Trust Fund or Special Revenue ERte$4&e Fund to improve or expand the recreational services of these facilities for the users. Thus, those who use the program or facility pay directly for the operation. The guidelines governing the Special Revenue Enterprise Fund are stated in this policy under Section VIII, Accounting for all Revenues. 3. When public funds are not available for construction of special facilities due to other priorities of the department and the City, funding for development may be sought and provided through public/private contractual agreements. 4. In situations where the financial constraints of government cannot ensure the maintenance of the high standard of service desired by the public, the services may be operated through contractual agreements with the private sector. 8 Recreation & Parks Department Revenue Policy Manual I. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS 1. It shall be general policy to develop reciprocal use agreements with the Palm Beach County School District allowing joint use of facilities at no charge to either party unless uses require special needs which require high costs to the school or City. 2. Special interest groups shall be granted no special consideration in the form of reduced rates or free services, with the exception of those groups affiliated with the Department. Special interest groups may include, but are not limited to. religious and political organizations, commercial businesses or clubs and organizations. 3. Many out-of-town residents use Boynton Beach recreation services but make no direct tax contributions to help support these services. It is not equitable for these citizens to enjoy the facility or service while this jurisdiction's residents are taxed for its maintenance and operation. Therefore, it is reasonable to incorporate into the fee and charge policy different Non-resident and Resident fees. Thus, visitors and residents together will help maintain the facility and provide funds for continued expansion and proper staffing. J . WAIVERS Official City-sponsored or affiliated programs and events shall be fee exempt. The Recreation & Parks Director or his designee shall make such determination. On some occasions, fees and charges may be reduced when such action is determined by the Recreation & Parks Director or his designee to be in the best interest of the City of Boynton Beach or the specific program. A written request for waiver of fees must be submitted to the Recreation & Parks Director. 9 Recreation & Parks Department Revenue Policy Manual K. REFUNDS 1. Policies and procedures for refunding fees will be determined based upon the participant's prorated share of costs already invested and committed into the program, including administrative services, in adherence with the Recreation and Parks Department's Customer Satisfaction Pledge and Refund Policy. 2. All requests for refunds must be made in writing to the Recreation & Parks Director or his designee, and any special circumstances will be determined by the Director or his designee. Full refunds for instructional classes will be granted when the class is canceled due to insufficient class registration. 3. In lieu of a refund, the Department will offer the participant a program credit. The credit may be applied toward the cost of any future recreation program registration or activity. No administrative service charges will be deducted when a credit is accepted by the participant. V, FINANCIAL ASSISTANCE GUIDELINES Boynton Beach Recreation and Parks Department may accept grants, gifts, service-in-kind, bequests or donations to the City for the purpose of park land acquisition, planning, development, maintenance, operations and administration of recreation and park facilities and programs. The City Commission authorizes on behalf of the City, the Recreation & Parks Director to accept non-governmental grants, service-in-kind, and gifts, donations or bequests of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and are in the best interest of present and future Boynton Beach residents. Gifts, grants, service-in- kind, donations, or bequests valued at more than $5,000 must have City Commission approval. Any gift or bequest of real estate and all government grants may be accepted onlv on approval of the City Commission. All gifts, bequests, and donations of personal property or real estate and all grants shall be held, used or disposed in accordance with the terms and conditions under which the gift, bequest, donation, or grant is made and accepted in accordance with State Law and local ordinances. The Director, City Manager or Commission may reject any gift, bequest or service-in-kind for just cause. 10 Recreation & Parks Department Revenue Policy Manua! A. GRANTS 1. Any permanent employee of the Department is encouraged to investigate the possibilities of securing a grant for Department facilities and programs. Researching and investigating grants will be consistent with Department and City policy. 2. The Director will act as the clearing house and give approval for all grants. Grant applications requiring a City cash match of $5,000 or more that has not been appropriated in the current fiscal year or adopted in the 5 Year Capital Improvement Plan must be approved by City Commission. B. GIFTS, DONATIONS AND BEQUESTS 1. The Director may accept service-in-kind from individuals or private or corporate organizations for the benefit of a specific facility or program or for the administration of all recreation services. 2. Any permanent employee of the Department may personally pursue gifts. donations, bequests or service-in-kind on behalf of the Department as long as the amount of a single donation does not exceed $4,999. 3. Gifts, donations and bequests over $4,999 in value will be pursued only upon approval of the Director. C. FUNDRAISING EVENTS 1. Upon authorization by the Director, fundraising events, solicitations. sales or benefits may be conducted on behalf of the Department or as part of a Department-sponsored program (such as, but not limited to, Holiday Parade) by organized and recognized community groups. Such recognized groups include. but are not limited to, civic associations, home owners associations, scout 11 Recreation & Parks Department Revenue Policy Manual organizations, P.T.A.'s, and adult advisory committees or councils. Such fundraising events shall be established by written agreement among all parties. 2. Funds collected in this manner remain the property of the organizations overseeing the collection until they officially give the cash or check to the Recreation & Parks Director or his designee. 3. The Department and its employees are not responsible in any manner for these funds. However, organizations receiving or handling funds during Department- sponsored programs must follow the prescribed rules of the City for providing accountability of all funds to the general public. Organizations will keep all funds in a checking account in the name of the organizations. All records, bank statements, canceled checks, blank checks and receipts, invoices and authorizations must be available for review by the Department. 4. The Department may require or request expenditure of funds belonging to City affiliated organizations recognized groups, such 3S BI3Ck Awareness Committee, and shall concern itself with the proper management of these accounts and assure that the handling of funds is carried out to the degree of accountability required of government by the public. VI. CONTRACTUAL RECEIPTS GUIDELINES A. LEASES Upon approval of the City Commission, the Department may lease park land for a specific time as negotiated. The process of leasing land will be open to all responsible individuals and corporations, and contracts will be awarded according to the State's open binding procedures, following announcements published in all area newspapers. The City Commission must approve all lease agreements. Contracts will be awarded based on specific criteria, including but not limited to: 12 Recreation & Parks Department Revenue Policy Manual 1. Evidence of financial responsibility and intent to use the land for designated purposes, 2. Revenues and/or rents generated for the City, and 3. Environmental Impact Plan which includes statements on the use of chemicals. protection of soils and water quality, and how the prospective lessee plans to restore the land back to its state prior to lease. B. CONCESSIONS 1. The Boynton Beach Recreation and Parks Department is authorized upon approval of the City Commission to sell products such as supplies, food or souvenirs, or services such as coin-lockers or rental equipment at recreation and park facilities for the purpose of providing a service to recreation and park patrons. 2. For the privilege of selling products or services on public park land, the City will receive monthly rent and/or a percentage of the gross revenues generated from the concession operation. Rent and percentages will be established on a contract by contract basis. 3. The process of awarding contracts will follow the State's open bidding procedures following announcements published in area newspapers. The Director is authorized to solicit bids from reputable concessionaires according to Purchasing Agent requirements. 4. Criteria for awarding contracts include, but are not limited to, the following: a) Proof of financial solvency and history of quality performance in providing the product or service in question, b) Percentage of gross revenues generated for the City, and 13 Recreation & Parks Department Revenue Policy Manual c) Specific conditions and terms in the contract which ensure that the public receives the best service possible and the Department maintains as much control over the concession operation as possible. VII. COMPULSORY RESOURCE: DEDICATION ORDINANCE In order to accommodate for orderly growth and development and the influx of new residents, and to maintain the quality environment which makes Boynton Beach a desirable community in which to live, and in order to place an equitable share of the cost of providing new park land on all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning and the Department of Recreation & Parks to review each subdivision plat for consideration of mandatory dedication of land or fees in lieu of land for park, recreation and open space purposes pursuant to the City subdivision codes. Control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes and Local Ordinances. VIII. ACCOUNTING FOR ALL REVENUES Boynton Beach Recreation and Parks Department will be collecting fees and charges, gifts of land or personal and grant revenues as a result of this policy. The collection, control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and Policies. A. PARKS AND RECREATION TRUST FUNDS In order to enable the Department to plan, organize and conduct activities and events totally funded through appropriate funds, trust funds shall be established for special programs. 1. All monies will be deposited in the City Treasury, in accordance with Finance Department policies and credited to the trust fund account number. 2. The Finance Department shall be responsible for maintaining official revenue and expenditure records as required. All transactions (deposits and expenditures) 14 Recreation & Parks Department Revenue Policy Manual shall be in accordance with normal Finance Department procedures, includi ng purchasing and accounting. 3. Expenditures may be charged against the trust fund account; however. expenditures may not exceed revenues as of September 30 of each fiscal year. Mef1+e&-a&-Bf~tefHbef~O-0f. eaBh~#sGal-yeaF-sRaH.be-ef1Btlffioored.. .a8d catri ed ovef-tO-tRe-f0.HGw4H€l-f+SC-al--yeaffeF~pfat1HeEl..pro€l.fafH&; 4. The trust fund shall be maintained by the Finance Department on a revenue and expenditure basis; however, the Department will maintain detailed, separate ledgers for each activity or event in order to provide day-to-day control of income and expenditures for each program. B. ENTERPRISE FUND/SPECIAL REVENUE FUNDS When appropriate, enterprise funds or special revenue funds shall be established to provide greater flexibility in the management of revenue-producing facilities and programs. These funds are governed by the following policy: 1. Revenues collected shall be deposited in a fund separate from the General Fund. Revenues collected will be used to conduct the revenue-producing program/facility or improve the recreation services to the user. A percentage of the revenue generated over the cost to conduct the program shall be paid to the General Fund Revenue Account. 2. The Finance Department will assign object codes and maintain official records as required by law. The Recreation and Parks Department will maintain detailed and separate account ledgers for each facility and program activity in order to provide day-to-day control of revenues and expenditures. 3. The Boynton Beach City Commission, upon recommendation of the City Manager, Finance Director and Recreation & Parks Director, may appropriate general funds twice a year into the enterprise/special revenue fund with the 15 Recreation & Parks Department Revenue Policy Manual stipulation that every effort will be made to repay the general fund appropriated "loan" from the enterprise/special revenue fund revenues within six (6) months. 4. The costs of operating the revenue producing facilities and programs will be charged against the Enterprise/Special Revenue Fund(s). Unspent monies left in the fund as of September 30 will be carried forward to the next fiscal year. 5. In accordance with current City of Boynton Beach practice, a minimum of 10% of the annual budget will be retained in the fund as emergency reserves. IX. ANNUAL REVIEW The Recreation and Parks Department shall review this revenue policy annually and all fee schedules to ensure equitable services and reasonable fees to the public. The fees must be easily collected and the cost of collection should not consume more than half of the receipts unless the purpose of fee collection is to control usage. A written report will be presented by the Recreation & Parks Director upon request of the City Manager. 16 Recreation & Parks Department Revenue Policy Manual FEE SCHEDULE Fee Classification Fee Range RENTAL/RESERVATION FEES: FACILITIES &. PAVILIONS Rental/Reservation Deposits Art &. /\ctivity Center Boat Club Civic Center Hester Community Center Intracoastal Park Clubhouse ~ Senior Center Wifwfi--Sims Center Wilson Pool ~O-$~&O $50-$300 $25 - $&G $60/hr $-15u-$2G $35-$85/hr $25 - $tOG $170/hr ~~-$+W $35-$170/hr $35 - $300/hr $'t{)--$2Bfffi $25 - $&G $135/hr ~-€)---$~ $40-$260/hr $50!hr.~ifeguard $200-$260/3 hr block plus $35/hr per lifeguard $2B-$+5G $50-$300/day plus deposit $-SG-$JGO $1 00-$600/day holiday plus deposit $B----$e $30 - $40/2 hr practice Picnic Pavilion Athletic Fields RENT/\L FEES: EOUIPMEN+ Re~ts P-i~HO $20--$-100 ~-e-VBHt'f*!-S t-tlHffig-~~rnaffi+y WG-) SPECIAL SERVICE FEES ~ysffe~ Field Preparation $20--$4G $40u_-$W- f~elo $35/hr per person $3--~/hr $6 - $12/hr ~OJhr $00 ---$ 120/Eia-y $50-$150 per event, depending on size and type of event $&5 $35/hr Lights Special Event CeHwlfant-f'-ee Custodial Fee Staffing Fees PERMIT FEES Date Commission Approved 10103 8/07 12-/-00 8/07 1 0/91 8/07 1019 'I 8/07 lG-f-91 8/07 8/07 10/-91 1~-IOO8/0 7 1G-l91 8/07 1-0/-91 8/07 1-01-03 8/07 1-~/GO 8/07 l-G/9'1 10/91 1 0;91 10/91 8/07 1019-'1 8/07 10/91 10/-91 8/07 to/03 8/07 $&0 -$+-SG $100 - $500 per field 12-/00 8/07 or outdoor court rental/day $40--$.90 $35/hr per person/field preparation $-30-- $l~-O1 $50-$150, depending on size 17 Athletic Teams/Tournaments .3pecial Event Vending/Exhibitors (Oceanfront Concerts, health fairs, etc.) ENTRANCE, PARKING & ADMISSIONS Beach Parking Boat Club Park Launch Fees Special Program Workshop, Concert Admission or General Admission: (e.g. holiday craft workshop, youth Halloween programs, theater performances, dances, etc.) Tennis Center Daily Fees Adult (har-tru) Adult (composition) lunior (17 & under) Light Fee Recreation & Parks Department Revenue Policy Manual and type of event/custodial fee $25 - $1,500/space Established by Article II, Section 16-82 of the Code of Ordinances Established by Article II, Section 16-61 of the Code of Ordinances $3 - $50/person $7/person/1.5 hours $3/person/1.5 hours $2/person/1.5 hours $5/1.5 hours USER FEES Non-Resident Fee Youth Sports $13 - $100 (ex: Flag Football, Soccer, Cheerleading, Gymnastics, Twirling, Tumbling) Adult Sports & Leagues $20 - $625 (ex: Softball, Volleyball, Senior Men's Softball, Basketball, Tennis) Fitness & Dance $15 - ~ $200 (ex. Aerobics, Ballet, Yoga, Tai Chi) Arts & Crafts $23 - ~$200 (ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Adult Special Class/Workshop/one time $7 - $-J2-$65 18 Resident Fee $10- $80 $16 - $500 12/00 09/93 09/03 09/03 09/03 09/03 Date Commission Approved 09/93 12/00 $12 - $4-00 $150 +2100 8/07 $18 - $+00-$150 ~ 8/07 $4 - ~ $50 ~ 8/07 Recreation & Parks Department Revenue Policy Manual Non-Resident Fee Resident Fee Date Commission Approved Camps (includes field trip fees; 1, 4 or 8 week $113 - $€}2B $1,000 spring break, summer and holiday camps) 1 QLQ~) 8/07 $90 - $-WG $800 Afternoon Recreation Programs (monthly) $62 - $1-5€ $250 $50 - $125 $200 12-/00 8/07 Self Improvement/Community Interest $18 - $94 Classes (ex: language, musIc lessons, computer classes) $15-$75 12/00 Senior Center Annual Participation Fee $40 - $100 8/07 Pool Admission Fees Daily Fee Annual Pass $1 - $10/day $63 - $156 $1 - $10/day $50 - $125 8/07 8/07 Tennis Center Permits Adult/Individual Family Junior (17 & under) Seasonal Permit (valid 10/1-5/15): Single Family $452 - $576 $630 - $804 $ 55 - $70 $300 - $382 $420 - $536 $252 - $322 $378 - $482 $ 25 - $32 0&/04 8/07 0&/-04 8/07 09/938/07 8/07 8/07 *Trips/Tours/Travel $ varies (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. Note: . Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. . Fees charged for grant-funded programs may fall below the fee ranges listed above. 19 Recreation & Parks Department Revenue Policy Manual FACILITY USE/RENTAL PRIORITY AND POLICIES I. Facility use for City of Boynton Beach sponsored or affiliated programs shall have priority aflfi--oo fee exempt. The Recreation & Parks Director or his/her designee shall determine whether a group shall be considered affiliated fef-tf1is purpose. II. All requests for fee waivers or reductions shall be made to the Recreation & Parks Director. The Director has sole authority to approve deviations from the standard rental fees included in this document. III. Facility use requests must be made on the appropriate form and submitted a minimum of four (4) weeks in advance of the requested date. IV. Per the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County (R06-169), schools within the City of Boynton Beach shall be eligible to utilize City facilities at no cost, except as otherwise provided for in the agreement. All other schools shall be considered "Non-Profit" for the purpose of fee determination. V. Additional Fees: A. Damage Deposit: $.2W $300 for each facility excluding athletic fields and pavilions. B. Staffing Fee: Will vary based on duration of event, day of the week and staffing requirements. Rate is $35/hr. C. Custodial Fee: $35 $120/hour $50 - $150 per event, depending on size and type of event. D. Wilson Pool: Additional lifeguard fee of $35 e/hr is required for pool rental. DIFFERENTIAL FEES DEFINITIONS Resident Rates Fees for individuals or groups residing inside the Boynton Beach corporate City limits. Non-Resident Rates Fees for individuals or groups residing outside Boynton Beach corporate City limits. 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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 August 21,2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon r8J September 4,2007 August 20,2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3,2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon) 0 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 r8J Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Discussion of City Resolution No. 03-164, per the request ofa member of the Commission. This item was tabled at the August 7,2007 City Commission meeting. EX PLANA nON: At the August 3, 2007 City Commission pre-agenda meeting, a member of the Commission asked that this item be placed on the August 7, 2007 City Commission agenda for discussion. Resolution No. 03-164 establishes core values and minimum standards of conduct for public officers of the City. This resolution failed on September 16,2003, as reflected in the attached minutes excerpt. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to discuss Resolution No. 03-164. I4/CrA~~ f: -;. 71 d) City Manager's Signature Assistant to City Manager ~ ~ M~CLi Om C-<-' Dep rtment Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.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 I I, , ' ~ \V-,o'.? 0: ~ RESOLUTION NO. 03- (Co~ AN RESOLUTION OF THE CITY OF BOYNT BEACH, FLORIDA, ESTABLISIDNG CORE V DES AND MINIMUM STANDARDS OF CONDUC FOR PUBLIC OFFICERS OF THE CITY; PRO ING FOR AN EFFECTIVE DATE. / WHEREAS, although Chapter 112.311, et eq., Florida Statutes the Code of Ethics for public officers and employees, was nacted to ensure that the public be rotected from conflicts of interest and unethic conduct by elected and appointed public fficers, the City Commission has determine that local guidelines should be established o ensure confidence in the integrity of C' government and the City's public officers; and WHEREAS, the City Co lssion of the City of Boynton Beach, Florida, desires o establish core values and m' lmum standards by which the City's public officers should be guided in the perfo ce of their designated duties; and WHEREAS, the . y of Boynton Beach core values and standards of conduct are intended to apply to the fficial and day-to-day conduct of elected and appointed public officials ofthe City 0 oynton Beach; and WHERE S, these core values and standards of conduct will serve as a valuable reference guid or all those in whom the public has placed its trust; and W REAS, the City Commission of the City of Boynton Beach has determined that thes core values and standards of conduct are in the best interests of the citizens of the Cit of Boynton Beach, and will assist in ensuring that the City's elected and appoi ted officials have basic standards established by which to guide their conduct; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of oynton Beach, Florida, as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City Commission hereby establishes the following core values and standards of conduct for all elected and appointed officers of the City: Core Values and Standards of conduct. The term "public officer" means any person elected to the City Commission or any person appointed to any City board. 1 C:\Documents and Settings\lamannar.CITY\Local SettingslTemporary Internet Files\OLKl20lCode of Ethics-BBKB.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 .L5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~/ In furtherance of the public trust assumed by public officers.of the City upon their election or appointment to public office or employme , the following standards of conduct shall be applicable to public officers of the ity: (a) Core Values. Each public officer shal pledge his or her commitment to the following core values of the City f Boynton Beach, as follows: (1) Diversity - A public officer will use e strengths that come from our differences as we work toward e completion of our goals. (2) Integrity - A public officer wi aemonstrate consistency in action and words grounded in ethic conduct. Having the courage to do the right thing and be will' g to be held accountable for our decisions. (3) Stewardship - A pu ic officer will practice responsible management of lic and natural resources entrusted to our care. (4) ublic officer will encourage the use of imagination ideas and find improvements. (b) Standar of Conduct. Each public officer shall pledge his or her commitment to the fo owing standards of conduct of the City of Boynton Beach, as follows: (1) L adership by example. A public officer will display leadership y: Subscribing to the City of Boynton Beach standards of conduct for Public Officers; and B. Promoting a sense of community, community values, and community spirit and by embracing diversity within the community, while focusing on the importance and values of family; and C. Practicing a "can do" attitude rather than an attitude of negativity; and D. Developing vision or focus on the future, and supporting the achievement of vision; and E. Being responsive; and F. Recognizing and fostering leadership throughout the City government and the residential and business communities of the City; and G, Balancing statesmanship and political and professional goals; and 2 C:\Documents and Settings\lamannar.CITY\Local Settings\Temporary Internet Files\OLK 120\Code of Ethics-BBKB.doc 1 2 3 4 5 6 7 8 9 10 II 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 Ii , (2) (3) H. Maintaining a positive image, while work' best interests of the City and its citizens. Empowerment (mindset/orientation) attitud . A public officer will display an empowerment attitude by: A. Encouraging citizens to be a ve, responsible and informed partners in City gove nt that function with public officers of the City to ac eve a shared vision; and B. Empowering City ad nistration to continuously improve the quality of an the services provided by City government; and C. Encouraging entr preneurship by governing the City as a successful, ethi I business model; and D. Maximizing rvices while minimizing tax burdens on citizens. Customer focus nd involvement (volunteerism/action). A public officer will ncourage and promote customer focus and involvement y: A. E couraging cItIzens and residents to be involved in overnment and bridging the gap between City government and community; and Promoting specific avenues by which citizen input is gathered and information is disseminated by the City; and Encouraging citizen involvement in decision-making; and Supporting data-based decision-making. Continuous improvement. A public officer will work towards continuous improvement through: A. Self-improvement through education, personal growth, and personal learning; and B. Supporting process improvement in City systems and key process improvements through knowledge-based decision- making; and C. Supporting and encouraging personal wellness and professional development throughout City government; and D. Supporting innovation through technology; and E. Promoting effective use 0 f customer feedback to improve quality of government and the providing of government servIces. 3 C:\Documents and Settings\lamannar.CITY\LocaJ Settings\Temporary Internet Files\OLKI20\Code of Ethics-BBKB.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 L5 26 SECTION 3. This Resolution shall become effective immedia y its passage and adoption. PASSED AND ADOPTED THIS ~ day of September TTEST: City Clerk TON BEACH, FLORIDA Commissioner Commissioner Commissioner 4 C:\Documents and Settings\lamannar.CITY\LocaI Settings\Temporary Internet Files\OLKI20\Code of Ethics-BBKB.doc " " " :- Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida AUGust 5, 2003 X. FUTURE AGENDA ITEMS: A. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 19, 2003) B. Proposed Resolution regarding accepting the Pay Plan for 2003-04 (August 19, 2003) C. Proposed Resolution regarding raising fees for annual permits, daily fees and light fees at the Tennis Center (August 19, 2003) D. 1 st Public Hearing regarding Budget (September 4, 2003) E. Public Hearing regarding Fire Assessment (September 11, 2003) F. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (September 2003) G. Follow-up Meeting with CRA on lJevelopment Issues (September 2003) H. 2nd Public Hearing regarding Budget (September 16, 2003) 1. First reading of Proposed Ordinance regarding docks (September 16, 2003) J. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West. into Little League Park (October 2003) K. High School Task Force Report (December 2, 2003) L. Proposed Lease Agreement with Boynton Woman's Club (TBA) M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) XI. NEW BUSINESS: A. Proposed Ethics Ordinance for review and discussion City Attorney Cherof explained that the challenge was not to duplicate the State Ethics Code but to make it more locally sensitive. Tile first document in the agenda package sets forth the code of ethics. It summarizes a standard of conduct, which is set forth on pages 3, 4 and 5. The general standards are that elected and appointed officials should provide leadership by example, there should be an empowerment attitude to encourage citizens to participate in local government, customer focus and involvement encouraging volunteerism at a City level and 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida AUGust 5. 2003 there should be a commitment for continuous improvement. This document also calls for group commitment by having elected officials participate in training sessions and retreats. There is also the enforcement aspect that is covered by State law. He explained that the second document enforces the Code of Ethics. This document sets forth an enforcement procedure that requires the appointment of an Ethics Advisory Board. Their powers would be limited as to enforcement as the true enforcement tool under Florida public law is the recall procedure. City Attorney Cherof said that, not knowing specifically what the Commission wanted, these were simply documents for debate. Mayor Broening thought that in principle, it was a very good idea. He felt that it was good to have some standards generated at the local level in addition to the State standards. He had the following editing suggestions: . On the third "Whereas," where it says "is intended to apply to the day-to-day conduct of elected and appointed public officials of the City of Boynton Beach" - suggested "is intended to apply to the official and day-to-day conduct." · In the fifth "Whereas," in the last phrase where it states "appointed officials abide by the highest ethical standards" - suggested "understand and abide" Mayor Broening asked what the definition was for a public officer. City Attorney Cherof explained that this covers anyone elected or appointed and includes all board members but not department heads. · On page 3, Standards of conduct (1) F - suggested "Gaining satisfaction" rather than "Having fun" · Item (2) A on page 3 - suggested adding a word so that it states "Encouraging citizens to be active, responsible and informed partners" · Page 4 - "maximizing revenue while minimizing tax burdens" - suggested "maximizing productivity to assure superior services and quality of life while minimizing tax burdens" City Attorney Cherof suggested the phrase "Maximizing services while minimizing tax burdens on citizens." Mayor Broening agreed with this. Commissioner McKoy felt that it was important that the Commission adopt the first section of this so that we can all have a standard to follow even though the guidelines are set by the State. He had a concern regarding item A concerning the Ethics Advisory Board on the second document. He would not want to see this board be used for personal gain or to single out an individual, particularly during election time. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida AUGust 5. 2003 City Manager Bressner explained that the Commission could adopt the first document and not go forward with the second draft. There is already an enforcement tool and the Commission would not have to create this advisory board. He felt that the first draft set the tone. Vice Mayor Ferguson echoed that sentiment. He also had reservations regarding the first draft ordinance. Part of it deals with ethics but he felt that other parts regarding orientation and retreats had nothing to do with ethics. He was satisfied that the State Statutes will satisfy the ethics issue and he did not believe that these ordinances were needed. Commissioner McCray said that the Commission is guided by the State Code of Ethics and asked whether other cities have these ordinances. City Attorney Cherof replied that Boynton Beach would not be the first to have them but it is not the norm because the Florida Code of Ethics is rather stringent. Commissioner McCray did not see a need for this ordinance. Commissioner McKoy felt strongly that we should have something internally so that we could address the issue on a local level and not just through the State. Mayor Broening said that he understood the logic of everything that was said tonight. He believes in home rule and thought Florida was a tough state for home rule. He felt that our level of understanding and sensitivity must improve and that the Commission must work as a group and the boards must work as a group. He thought a retreat would be very worthwhile for the new Commission. City Manager Bressner said that one of the proposed ordinances deals with enforcement and the Commission may want to leave that in the hands of the State. He commended City Attorney Cherof for his work on the proposed ordinances. He found the idea of orientation and the retreat process to establish basic operating procedures of particular value. He felt that the Commission has already done much of that and he credited a lot of that to the leadership of the Mayor. City Manager Bressner felt that some of the items in the proposed ordinances were worthy of conversation at a workshop or at a retreat and could be contained in a resolution. Commissioner McKoy explained why he felt it was necessary to bring this issue forward. One member of this Commission went before an outside agency to talk about issues and perhaps he may have misrepresented himself. It is important that when we conduct business for the City, it is done in a manner that is professional, ethical and productive. Commissioner McKoy thought that it was important to have some internal guidelines. He wanted to have something that will ensure that when we conduct business as the Mayor, Vice Mayor or a Commissioner, we are working for the best interests of every citizen and not against anyone. Mayor Breening did not believe an ordinance was needed. He felt that a resolution regarding Commission conduct was in order. Motion Commissioner McCray made a motion to direct the City Attorney to draw up a resolution dealing with the Code of Ethics for the City of Boynton Beach to be used as home rule, not only for the Commission but also for the appointed boards within the City of Boynton Beach. Commissioner McKoy seconded the motion that carried 3 to 1 with Vice Mayor Ferguson dissenting. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida AUGust 5. 2003 B. Amendment to City's Community Investment Fund policy (Proposed Resolution No. R03-131) City Attorney Cherof explained that they took the existing group of policies governing the Commission's expenditures of Community Investment Funds and simplified them. They reduced them to the following four principal criteria for spending the funds: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit 2. The recipient/payee is a resident of the City or is a business entity with offices in the City 3. A public purpose beneficial to the entire community is served by such donation 4. Proper safeguards are being implemented by the City administration to assure that the funds will be used for the stated purpose City Attorney Cherof said that there is a form attached to the proposed resolution. The Commission decides what they want to fund and then turn it over to the City Clerk. The City Manager, the Finance Department and the City Clerk then process the form. Vice Mayor Ferguson asked whether the expenditures would have to satisfy all four conditions and City Attorney Cherof replied that they would. Vice Mayor Ferguson did not believe that the Boynton Beach YMCA Partners with Youth would qualify as they are not a resident of the City or a business entity with offices in the City. It was the consensus of the Commission that the wording in the second criteria be changed from "with offices in the City to "with services provided to the City." Motion Vice Mayor Ferguson moved to approve proposed Resolution No. R03-137 as amended. Motion was seconded by Commissioner McKoy and carried unanimously. C. Allocation of Community Investment Funds for the Carolyn Sims Annual Family Day Picnic ($1,000 from Commissioner Mack McCray and $1,000 from Commissioner Carl McKoy and $2,000 from Mayor Gerald Broening) City Manager Bressner said that this complies with all four items in the Community Investment Fund resolution and staff supports the request. Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 16, 2003 1. Proposed Resolution No. R03-164 Re: Establishing minimum standards of conduct for public officers of the City City Attorney Cherof read Proposed Resolution No. R03-164 by title only, Vice Mayor Ferguson felt that this proposed resolution was superfluous. Commissioner Weiland agreed. Motion Commissioner McKoy moved to approve Proposed Resolution No. R03-164. Commissioner McCray seconded the motion that failed 2 to 3 with Mayor Broening, Vice Mayor Ferguson and Commissioner Weiland dissenting. D. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 9:52 p.m. /. '" Deputy City Clerk (9/18/03) ~~~C/ . /' Commissioner 22 I I I' I ORDINANCE 03- AN ORDINANCE PROVIDING FOR AN ETHICS ADVISORY BOARD AND PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code of thics for public officers and employees, and was enacted because the public interest equires that the public be protected from conflicts of interest and unethical conduct by lected and appointed public officers; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to nact a Code of Ethics governing the City's public officers in the performance of their esignated duties; and WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply to the ay-to-day conduct of elected and appointed public officials of the City of Boynton Beach; d WHEREAS, this Code of Ethics will serve as a valuable reference guide for all those . n whom the public has placed its trust; and WHEREAS, the City Commission of the City of Boynton Beach has determined that he enactment of a City Code of Ethics is in the best interests of the citizens of the City of oynton Beach, protects the integrity of City government, fosters public confidence in the actions of the City, and will assist in ensuring that the City's elected and appointed officials abide by the highest ethical standards; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Boynton Beach, Florida, as follows: SECTION 1. BOARD COMPOSITION - CREATION; TERMS, AND QUALIFICATIONS: A. Creation and composition. There is hereby created the Ethics Advisory Board (Board), to be composed often members. The Mayor and each member of the City Commission shall appoint two members to the Board. The City Commission shall appoint the chair and the vice c.;hair. s'le A IOrdlOances1draft ordinance\Elh.cs Commission,doc I' I , I B. Terms of office. All members of the Board will be appointed for a term of one year from date of appointment. All members shall serve until their successors are appointed and qualified. C. Qualifications. A member shall be a resident of the City or shall own and operate a business in the City. Additionally, no member of the Board may be: (1) a city official or spouse of a city official; (2) a city employee or spouse of a city employee; (3) an elected public official; or (4) a candidate for elected public office. (5) a City Lobbyist; (6) anyone having any economic interests with any Commission member or mayor; (7) anyone who has been a paid campaign worker or political consultant for any city commission or mayoral candidate. ECTION 2. JURISDICTION AND POWERS; RECUSAL: A. Jurisdiction. The ethics advisory Board shall have jurisdiction to review and make findings concerning any alleged violation of the City of Boynton Beach Ethics Code by any elected official, if a complaint is filed within sixty days after the date of the alleged violation. The Board may not consider any alleged violation that occurred before the enactment of the City Ethics Code B. Termination of City official's. The termination of a city official's term in office renders moot any complaint pending at the end of the official's term. C. Powers. The ethics advisory Board has the following powers only: I :s:\e A \Ordinances\draft ordinancelElhlcs eornmiSSlon,doc i 2 \ \ I, (1) To establish, amend, and rescind rules and procedures governing its own internal organization and operations in a manner and form consistent with this article. (2) To meet as often as necessary to fulfill its responsibilities. , I (3) To receive from the city manager such staff support as they reasonably request to I carry out the duties of the Board. (4) To review, index, maintain on file, and dispose of sworn complaints. (5) To make findings of fact as necessary for the disposition of a complaint. (6) To make notifications, extend deadlines, and conduct investigations. (7) The power to request such wItnesses and documents as the Board deems relevant. D. Recusal. A member of the ethics advisory Board shall recuse himself or herself only for conflicts of interest as required by Florida Statute Section 286.012. The member shall report the conflict to the Board and refrain from participating in any discussions or voting on the complaint. ECTION 3. COMPLAINTS: A. Filing. Any person or the Board on its own initiative believing there has been a violation of the City Ethics Code may file a sworn complaint, under the penalty of perjury, with the City Clerk. The complaint must: (1 )identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the complaint is based; (3) to the extent possible, identify the ethics provision or provisions allegedly violated; and (4) identify sources of evidence, if any, that the complainant recommends should be considered by the Board. i ~\e A \OrdlOancesldraft ordlOancelElhics Commission,doc ,I 3 t I I I! B. Confidentiality. Neither the Board nor any Board member shall make any I I I i I , I ,i representation or promise of confidentiality. The proceedings of the Board shall be conducted in accordance with the requirements of the Florida's open meeting law, Section 286.011, Florida Statutes. All records of the Board and its members are public records as that term is defined in Chapter 119, Florida Statutes. C. Notification. All Complaints shall be on a form provided by the City Clerk. The City Clerk will receive all complaints, assign a complaint number, and shall then promptly forward a copy of the complaint to all board members and to the person charged in the complaint. The person charged in the complaint shall have the opportunity to submit a sworn statement, together with such other information he or she feels is relevant. D. False accusations and responses. The City Clerk shall, in writing, advise the person filing the complaint that falsely accusing someone of a violation of this chapter may result in civil liability to anyone who knowingly makes a false accusation. E. Summary dismissal. (1) Within 21 days after receipt of a complaint the Board members shall meet and make a preliminary finding in an open hearing as to whether or not the complaint states a claim under this chapter and is supported by just cause. "Just cause" means I such cause as is found to exist upon a reasonable inquiry that would induce a Ii reasonably intelligent and prudent person to believe that a person has committed an act or acts constituting an ethical violation under this chapter. s,le A \Ordinancesldraft ordlOancelElhics eOmmlSSIOndoc 4 \ \: I , ' (2) If the preliminary finding is that the complaint does not state a claim under this chapter or does not have just cause, based upon the statements and evidence : \ I submitted, the complaint must be dismissed. A determination that a complaint be dismissed can only be made upon the affirmative vote of a majority of Board , \ , I members present. Written notice ('fthe dismissal must be sent to both the person who made the complaint and the person about whom the complaint was made, identifying the reason or reasons for dismissal. ECTION 4. HEARING PROCEDURES: A. Evidentiary hearing. If a complaint is not summarily dismissed. it will be pursued further at an open hearing before the Board. Not less than 10 days before the hearing, the Board shall, by certified mail or personal service, give written notice of the hearing to both the person who made the complaint and the person about whom the complaint was made. The notice must state the specific provision or provisions of this chapter alleged in the complaint to have been violated, as determined by the preliminary panel. B. Notice of charges. At the hearing, the Board shall limit its review to the allegation of the complaint and shall not expand its review to any other matter. C. Ex Parte communications. It is a violation of this chapter for: (1) the complainant, the person charged in the complaint, or any person acting on their behalf to engage or attempt to engage, directly or indirectly, in any ex parte communication about the subject matter of a complaint with a member of the Board; or (2) a member of the Board to: . I I s\e A \Ordinancesldraft ordinance\Elhlcs ComrrusSlOn ,dC'C I' , I 5 . I : ! (a). knowingly entertain an ex parte communication prohibited by Sub-section (c)( 1): or (b). knowingly communicate, directly or indirectly, with any person, other than a member of the Board, its staff, or its legal counsel, about any issue of fact or law relating to the complaint. D. Duty to cooperate. All city officials and employees shall cooperate with the ethics advisory Board and shall supply requested testimony or evidence to assist the Board in carrying out its charge. ECTION 5. HEARING RULES. A. Hearing on complaints. The rules contained in this section apply to all hearings of the ethics advisory Board on complaints not summarily dismissed. B. General rules. A determination that a violation of this chapter has occurred can be made only upon an affirmative vote of at least three-fifths of the Boards members present and voting, otherwise the complaint must be dismissed. A finding that a violation occurred must be supported by a preponderance of the evidence. "Preponderance of the evidence" means that measure or degree of proof that produces in a person's mind a firm belief or conviction as to the truth of the allegations sought to be established. C. Procedural rules. A quorum of eight Board members must be present for a hearing. Any member of the Board who is not present at a hearing on a complaint may not participate in any discussion, voting, or disposition regarding the complaint. All witnesses must be sworn, and the members of the ethics advisory Board shall conduct questioning of witnesses. ,s Ie A lOrdlnancesldraft ordinance\Ethics eommlSSlon doc ! 6 The Board is not bound by the rules of evidence and may establish time limits and other rules relating to the participation of any person in the hearing, subject to Subsections (d) and (e) of this section. : i D. Rights of the oerson charged. The person charged in the complaint has the right to attend the hearing, the right to make a statement, the right to present and cross- examine witnesses, and the right to be represented by legal counselor another advisor. E. Rights of the complainant. The person charged in the complaint has the right to attend the hearing, the right to make a statement. the right to present and cross- examine witnesses, and the right to be represented by legal counselor another advisor. ECTION 6. DISPOSITION OF COMPLAINT: A. Written decision. The ethics advisory Board shall make all reasonable efforts to issue a written decision within 45 days after receipt of a complaint. The Board shall state its findings in the written decision. The written decision must either: (1 )dismiss the complaint, with the grounds for dismissal set forth in the decision; or (2) find that there has been a violation of this chapter and identify in the decision the particular provision or provisions violated. B. Notification. Copies of the findings and decision must be forwarded to the complainant, the person charged in the complaint and any member of the ethics advisory Board who did not participate in the disposition of the complaint. A copy of I: I the findings and decision must also be forwarded to the City Clerk. I i S\eA IOrdinancesldraft ordinance\Elhics CommisSlon,doc I 7 I , i I C. Similar charges barred. If the complaint is dismissed because the evidence failed to establish a violation of this chapter, the Board shall not entertain any other similar complaint based on substantially the same evidence. : ~ECTlON 7. REFERRAL OF MATTER FOR APPROPRIATE ACTION AND SANCTIONS: A. Referral. If the Board determines that a violation of this chapter has occurred, it shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the City Commission. B. Sanctions: I. If the Board determines that a violation has occurred, it shall proceed directly to determination of the appropriate sanction( s). 2. If the Board determines that a violation has occurred, it may impose or recommend the following sanctions: A. A letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the official or employee's conduct complained of was made in reliance on public written ethics opinion of the City Attorney. A letter of notification shall advise the official or employee to whom it is directed of any steps to be taken to avoid future violations. The Board may direct a letter of notification to any official or employee covered by this chapter. B. A letter of admonition shall be the appropriate sanction in those cases in which the Board finds that the violation is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notification. , is :\C A lOrdmances\draft ordinancelElh.cs CommiSSlon,doc ! I 8 Ii , I II \ \ I 1\ I ~ C. A reprimand shall be tbe a~~ro~riate sanction when the Board finds that a violation has been committed intentionally or through disregard of this cha~ter. A reprimand directed to a city official shall also be sent to the City Commission. D. A letter of censure or a recommendation of recall shall be the appropri ate sanction when the Board finds that a serious or repeated violation ofthis cha~ter has been committed intentionally or through cul~able disregard of this cha~ter by an elected A letter of censure or a recommendation ofrecall directed to an elected city official city official. shall be transmitted to the City Clerk. published in a local newspll\ler of the largest general circulation and shall be sent to the City Commission. ECTION 8. OPINIONS ISSUED BY THE CITY ATTORNEY: A elected official who reasonably and in good faith acts in accordance with a written advisory o~inion issued by the city attomey may not be found to have violated this cha~ter by engaging in conduct a~proved in the advisory opinion. if: A. the person requested the issuance of the opinion~ B. the request for an o~inion fairly and accurately disclosed all relevant facts; SECTION 9. ANNUAL REPORT: The Board shall prepare and submit an annual re~ort to the city commission detailing the activities of the Board during the prior year. The fonnat for the report must be designed to maximize ~ub\ic and private understanding of the Board's operations. I , The re~ort may recommend changes to the text or administration of this cha~ter. The City Clerk shall take reasonable ste~s to ensure wide dissemination and availability of the annual report of the Board. I I I s:\C A\Ordinancesldraft ordmance\Elhics CommissIOn doc i 9 ECTION 10. PENAL TIES AND ENFORCEMENT. GENERAL: The remedies contained in this article are available whenever the Board finds a violation or violations of this chapter. ECTION II. Should any section, provision, paragraph, sentence, clause of word of his Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be constitutional or invalid, in part or application, it shall be considered as eliminated and shall ot affect the validity of the remaining portions or applications of this Ordinance. ECTION 12. That all Ordinances or parts of Ordinances, Resolutions or parts thereof 'n conflict herewith, be and the same are hereby repealed to the extent of such conflict. ECTION 13. It is the intention of the City Commission of the City of Boynton Beach, hat the provisions of this Ordinance shall become and made a part of the Code of Ordinances of he City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renwnbered, e-Iettered and the word "Ordinance" may be changed to "Section," "Article" or other word or hrase in order to accomplish such intention. SECTION 14. adoption, This Ordinance shall become effective immediately upon its passage and FIRST READING this day of ,2003. , I , i, ~ I i! Ii I I SIC A IOrdmancesldrafl ordmancelElhlcs Commlsslon,doc I 10 SECOND, FINAL READING AND PASSAGE this _ day of 003. TTEST: ity Clerk I, : \ IS,\CA \Ordinances\draft ordinancelElhlCS CommIssion doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 11 CODE OF ETHICS 1 2 ORDINANCE NO. 03- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 CREATING A NEW SECTION 2-10, "CODE OF ETHICS" WITHIN 7 CHAPTER 2, " ADMINISTRATION," OF THE CODE OF 8 ORDINANCES; PROVIDING FOR A CODE OF ETHICS FOR PUBLIC 9 OFFICERS OF THE CITY; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, Chapter 112.311, et seq., Florida Statutes is known as the Code 14 f Ethics for public officers and employees, and was enacted because the public interest 15 equires that the public be protected from conflicts of interest and unethical conduct by 16 lected and appointed public officers; and 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, 19 esires to enact a Code of Ethics governing the City's public officen in the performance of 20 heir designated duties; and 21 22 WHEREAS, this City of Boynton Beach Code of Ethics is intended to apply 23 0 the day-to-day conduct of elected and appointed public officials of the City of Boynton 24 each; and 25 26 WHEREAS, this Code of Ethics will serve as a valuable reference guide for 27 11 those in whom the public has placed its trust; and 28 29 WHEREAS, the City Commission of the City of Boynton Beach has 30 etermined that the enactment of a City Code of Ethics is in the best interests of the citizens 31 f the City of Boynton Beach, protects the integrity of City government, fosters public 32 onfidence in the actions of the City, and will assist in ensuring that the City's elected and 33 ppointed officials abide by the highest ethical standards; and 34 35 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 36 oynton Beach, Florida, as follows: 37 38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 40 ereof. 41 42 ,SECTION 2. Chapter 2 of the City of Boynton Beach Code of Ordinances, entitled 43 r'Administration" shall be amended to create Section 2-10 and shall read as follows: 44 . I 45 46 , i II I . i I r "A 'O"m,"'~"'''" "'m'.""'''" Cod, of E.".....,~ CODE OF ETHICS I 2 3 4 5 6 ec.2-10 CODE OF ETHICS. Short title. : I This Section shall be known and cited as the "City of Bovnton Beach Code of Ethics for Public Officers." 7 8 9 10 1 1 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 A. Intent and purpose. The purpose of this article is to strengthen the Quality of representative government through ethical principles governing the conduct of the city's elected and appointed officials. It is important to assure that. that the policies and decisions made by public officers are made through established processes of government, that public officers do not utilize public office for private or personal benefit. that public officers avoid action which creates the appearance of impropriety. and that the public have confidence in the integrity of city government and the city's public officers. B. Definitions. References in this article to the Florida Statutes shall be interpreted as meaning Florida Statutes as amended from time to time. Business entity shall have the meaning ascribed in Section 112.312(5). Florida Statutes. Candidate shall have the meaning ascribed in Section 112.312(6), Florida Statutes. Conflict or conflict of interest shall have the meaning ascribed in Section 112.312(8). Florida Statutes. Gift shall have the meaning ascribed in Section 112.312(12), Florida Statutes. Public officer shall have the meaning ascribed in Section 112.313(1), Florida Statutes. Relative shall have the meanmg ascribed m Section 112.312(21), Florida Statutes. C. Acknowledement. I' All public officers of the city and candidates for city elective office, upon appointment, election, or qualifying. are strongly encouraged to submit a signed statement to be provided by the City Clerk acknowledging that they have received. read. understand, and agree to be bound by the City of Bovnton Beach Code of Ethics for Public Officers. 2 :ICA IOrdmancesldrafl ordinancelDraft Code of Ethics.BB.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1,6 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 CODE OF ETHICS , , , Dn Applicability of Chapter 112. Florida Statutes. Nothing in the City of Boynton Beach Code of Ethics for Public Officers shall be interpreted or construed as conflicting with Section 112.311 et seq., Florida Statutes, which is also applicable to public officers of the city. This article is intended to supplement state law provisions governing ethics in government. E. Standards of con dueL In furtherance of the public trust assumed by public officers of the city upon their election or appointment to public office or employment. the following standards of conduct shall be applicable to public officers of the city: (a) Core Values. Each public officer pledges his or her commitment to the Core Values of the City of Boynton Beach, as follows: (1) Leadership bv example. A public officer will display leadership by: A. Subscribing to the City of Boynton Beach Code of Ethics for Public Officers: and B. Promoting a sense of community, community values. and community spirit and by embracing diversity within the community, while focusing on the importance and values of family; and C. Practicing a "can do" attitude rather than an attitude of negativity; and D. Developing vision 0 r focus 0 n t he future, and su pporting the achievement of vision; and E. Being responsive; and F. Having fun and enjoying one's role as a public officer of the city: and G. Recognizing and fostering leadership throughout the city government and the residential and business communities of the city; and H. Balancing statesmanship and political and professional goals; and I. Maintaining a positive image, while working towards the best interests of the city and its citizens. (2) Empowerment (mindset/orientation) attitude. A public officer will display an empowerment attitude by: A. Encouraging citizens to be active, responsible partners in city government that function with public officers of the city to achieve a shared vision; and . , I: I I 3 : r '" A '0"" .,.m "'~ft 0"".'."'["'. Cod, of E 'h",.. .,~ I 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 CODE OF ETHICS B. Empowering city administration to continuously improve the quality of and the services provided by city government; and C. Encouraging entrepreneurship by governing the city as a successful, ethical business model: and D. Maximizing revenue while minimizing tax burdens on citizens. (3) Customer focus and involvement (vo/unteerism/action). A public officer w ill encourage and promote customer focus and involvement Qr A. Encouraging citizens and residents to be involved in government and bridging the gap between city government and community: and B. Promoting specific avenues by which citizen input is gathered and information is disseminated by the city: and C. Encouraging citizen involvement in decision-making: and D. Supporting data-based decision-making. (4) Continuous improvement. A public officer will work towards continuous improvement through: A. Self-improvement through education, personal growth. and personal learning: and B. Supporting process improvement in city systems and key process improvements through knowledge-based decision- making: and C. Supporting and encouraging personal wellness and professional development throughout city government: and D. Supporting innovation through technology: and E. Promoting effective use of customer feedback to improve quality of government and the providing of government servIces. (b) Each public officer shall be dedicated to the concepts of effective and democratic local government, respecting the principals and spirit of representative democracy. and setting a positive example of g:ood citizenship by scrupulously observing the letter and spirit of applicable laws, rules. and regulations. (c) Each public officer shall pledge himself or herself to affirm the dignity and worth of the services rendered by city government and to maintain a constructive, creative, and practical attitude towards urban affairs incorporatmg a deep sense of social responsibility as a public servant. I ! i (d) Each public officer shall be dedicated to the highest ideals of honor and integrity in all public and personal relationshit>s and shall conduct themselves in a manner which maintains and promotes public confidence in city government. 4 Ie AIOrdmances\draft ordmance\Drafl Code of Elhics-BB.doc CODE OF ETHICS 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 (e) Each public officer shall recognize that the main function of local government. at all times, is to serve and promote the best interests of the public. (0 Each public officer pledges to support and Carry out public policy in furtherance of the Mission Statement of the city. including but not limited to. subscribing to and supporting the Strategic Plan and the Business Plan of the city. To the extent that the city commission has created a priority area for individual members of the city commission. then. in that event. those members of the city commission not assigned to a particular priority area shall respect the apportioned assignment so long as the prioritization is maintained, as such. by the city commission. In all respects. each member of the city commission pledges to the respect priority areas of other members of the City Commission including the exchange 0 f information. d isc10sure 0 fa ctivities. and the public furtherance 0 f t he goals and obiectives of the designated area of priority. (g) Each public officer pledges to keep the community informed on the affairs of city government. emphasize and practice friendly and courteous service to the public. and seek to improve the quality and image of public service. (h) Each public officer pledges that he or she will not misuse the office or position, will not particioate in debate on any matter which may come before the city commission for decision and vvhich may benefit a family member. client. or business acquaintance. and will not seek or accept any ~ersonal profit or gain. or unwarranted favor or privilege for himself or herself. or any relative or other person. (i) Each oublic officer pledges not to improperly influence or attempt to influence other public officers. (i) A public officer shall not engage in. solicit. negotiate for, or promise to accept private employment or render services for private interests or conduct a private business when such employment. service. or business creates a conflict with the proper discharge of his or her official duties as a public officer. (k) A public officer shall not invest or hold any investment. directly or indirectly. in any financial business. commercial. or other private transaction that creates a conflict with one's official duties as a public officer. (}) Florida's Gift Law. as amended from time to time and as codified at Section 112.3148. Florida Statutes. is hereby incorporated herein by reference. A public officer shall not directly or indirectly solicit. accept. or receive any gift, whether it be money. services. loan. travel. entertainment. hospitality. promise, or any other form if: (1) it could be reasonablv inferred or expected that the gift was intended to influence the oerformance of a public official's duties; or (2) the gift was 5 SIC A IOrdinancesldraft ordinance\Draft Code of Ethlcs-BB.doc CODE OF ETHICS I 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 intended to serve as an inducement for an Improper action or as a reward not otherwise permitted under Florida law. (m) Each public officer agrees to be honest. fair. and respectful to others in performing his or her duties as a public officer and agrees to refrain from and avoid conduct creating an appearance of impropriety or which is otherwise unbefitting a public officer. including but not limited to making false accusations or personal attacks against another public officer, or behaving in a rancorous or contentious manner. (n) A public officer shall not use the provisions of this Code of Ethics to further frivolous claims against one another. Frivolous claims shall be those forwarded with knowledge that the claim contains one or more false allegations or those made with reckless disregard as to whether the complaint or claim contains false allegations of fact material to a violation of this Code of Ethics. (0) Each public officer pledges to uphold and adhere to the provisions of the Charter of city. (p) A public officer shall not knowingly violate any federal. state, or local law. rule or regulation. (q) Each public officer serving on the city commission or an advisory board of the city. when appearing before any other governmental body or within the contents of any written communication. pledges to inform the recipient of the oral or written communication that the issue before such governmental body or in writing has or has not been addressed officially by the city commission or the advisory board of which he or she is a member: and further pledges to inform the recipient( s) of the oral or written communication of any official position taken by the city commission or an advisory board and indicate that his or her appearance or written correspondence is or is not authorized by the city commission or an advisory board. When a member of the city commission is representing the city commission before another governmental body. said member of the city commission shall. at a minimum. update the other members of the city commission and the city manager at the next scheduled city commission meeting. (r) A public officer shall not disclose confidential information acquired in one's capacity a sap ublic 0 fficer too thers 0 ruse such confidential information to further one's personal interests. (s) No public officer shall undermine the duties. responsibilities, and role of the city manager. as provided in the Charter and the Code of Ordinances and as assigned by the city commission. (t) Each public officer shall disclose all personal relationships in any instance whether there could be a conflict of interest or an appearance of conflict. 6 SIC A 10rdinancesldral1 ordinance\Dral1 Code of Elhlcs-'3B,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 43 44 45 46 I. I I i ! CODE OF ETHICS (u) Nothing herein shall be construed to apply to the solicitation or acceotance of contributions to the campaign of an announced candidate for elective city office. as governed by Chapter 106, Florida Statutes. I No public officer: however, shall be prohibited from gIvmg or (v) recelvmg: : I (1) (2) An award publicly presented in recognition of public service; Commercially reasonable loans made in the ordinary course of a lender's business: or Reasonable entertainment. meals. or refreshments furnished in connection with public events. appearances. or ceremonies related to official duties or city government business. I i i I ~ I (3) (w) No public officer shall be prohibited from making an inquiry for information or providing assistance on behalf of a citizen or interested person if no fee. reward. or other thing of value is promised to. given to. or accepted by the public officer or a relative of a public officer. whether directly or indirectly, in return therefor. However. no public officer shall "influence peddle" or use his or her position as a public officer to gain favors or benefits inconsistent with city policy or applicable law on behalf of any citizen or other person. F. Orientation of elected officials. (a) Newly elected members of the city commission shall. within twelve (12) months of the administration of the oath of office. attend and successfully complete the Institute for Elected Municipal Officials (lEMO) or similar program deemed Qualified by the city commission. (b) Newly elected members of the city commission shall receive a structural orientation on city government from the city manager and the city attorney within ten (10) business days of the administration of the oath of office. G. Retreats. In furtherance of the goals and purposes of the City of Boynton Beach Code of Ethics for Public Officers, on an annual basis, members of the city commission shall attend at least one strategic planning retreat and at least one commission retreat. as scheduled by the city commission in consultation with the city manager. Attendees at these retreats shall be the members of the city commission. the city manager. the city attorney, and those public officers of the city whose attendance is deemed necessary by the city manager. 7 . SIC AIOrdtnancesldrafl ordtnancelDrafl Code of Ethlcs-SS.doc CODE OF ETHICS 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 H. Enforcement. I I Violation of any of the provisions of this article may constitute grounds for suspension or removal from office. pursuant to ap-plicable statutory and constitutional procedures. Any advisory board member who violates any of the provisions of this article may be removed from any and all boards pursuant to applicable statutes and local ordinances. Any elected public officer that violates the City of Boynton Beach Code of Ethics shall also be subiect to censure by a four-fifths vote of the city commission. SECTION 3. Severability. Should any section, provision, paragraph, sentence, clause f word 0 f t his 0 rdinance 0 r portion hereof be held 0 r declared by a ny court 0 f competent urisdiction to be unconstitutional 0 r invalid, in part 0 r a pplication, it shall be considered as liminated and shall not a ffect the validity of the remaining portions or applications of this dinance. SECTION 4. Conflicts. T hat a II 0 rdinances 0 r parts 0 f Ordinances, Resolutions or arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such onflict. SECTION 5. Codification. It is the intention of the City Commission of the City of oynton Beach, that the provisions of this Ordinance shall become and made a part of the Code f Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance ay be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," I Article" or other word or phrase in order to accomplish such intention. SECTION 6. Effective Date. This Ordinance shall become effective immediately pon its passage and adoption. FIRST READING this _ day of ,2003. 31 I : SIC A IOrdinancesldrati ordinancelDrafl Code of Ethics-BB.doc 8 1 2 3 4 5 6 i I I J003 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 26 27 28 CODE OF ETHICS SECOND, FINAL READING AND PASSAGE this _ day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner I , , I I I ity Clerk I I 9 ! $ICA\Ordinancesldrafl ordinancelDrafl Code of Elhlcs-BB.doc