R97-099RESOLUTION R97- ¢¢4:~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A NEIGHBORHOOD ASSISTANCE
PROGRAM AGREEMENT BETVVEEN THE CITY OF
BOYNTON BEACH AND ROLLING GREEN
NEIGHBORHOOD ASSOCIATION, REGARDING
MAINTENANCE OF LANDSCAPE IMPROVEMENTS ON
THE FIRST TWO MEDIANS OF N.W.
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the CITY has established
17TH AVENUE;
Neighborhood Assistance
Programs to provide grants for qualified organizations to complete specified
projects, which program and projects constitute a public purpose; and
WHEREAS, the Rolling Green Neighborhood Association has
encountered problems with drug sales, loitering, liter and poor general
appearance of the N.W. 17~h Ave. medians;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. This Commission does hereby authorize and direct the
Mayor and City Clerk to execute a Neighborhood Assistance Program
Agreement between the City of Boynton Beach and Rolling Green
Neighborhood Assistance Programs, which Agreement is attached hereto as
Exhibit "A".
Section 2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /~' day of June, 1997.
Vice Mayor
Commissioner"
~omm~ss~oner
ATTEST:
City'Clerk
NEIGHBORHOOD ASSISTANCE
PROGRAM AGREEMENT
THIS AGREEMENT, made and entered into this day of
199 , by and between CITY OF BOYNTON BEACH, a Florida
municipal corporation, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida (hereinafter "City") and
located within the limits of the City of Boynton Beach,
in the State of Florida, hereinafter "Grantee").
W I 'T N E S S E T H:
WHEP~72%S, City has established Neighborhood Assistance Program
(hereinafter "Program") to provide grants for qualified
organizations to complete specified projects, which program and
projects constitute a public purpose; ~and
WHEREAS, all grant monies and/or materials, under this
Program, shall be expended solely for the construction and
completion of the specified project'~ke~ein~fte~i.~"~jec~,)~and~,
WHEREAS, the City has absolute sole discretion in selecting
projects appropriate for the Neighborhood. Assistance Program; and
WHEREAS, the Program is conditioned upon satisfactory
completion of the Project ~as .well as ~contribution of ar"matching
grant" from the Grant~e~.as furth~r.'def±nedherein~
NOW, THEREFORE; in ccnsi'deration of the mutual covenants
ciescn~iha~.~kerai/1, ~r~d other goad and valuable consideration, which
the parties hereby determine to be sufficient, the parties agree as
follows:
1. Above Provisions: The above provisions are hereby
incorporatedinto this Agreement.
2. ~Grant: City hereby awards
, a Program grant in the
total sum of $ , consisting of $ and in kind
services. (See Appendix A)
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3. Matching Grant: Grantee hereby agrees to provide a
matghing grant in the amount of $ , and/or in kind
services. (See Appendix B)
4. Financial Requir~nts: Upon award of the grant
hereunder, Grantee shall open a two-signature bank checking account
at a recognized banking institution into which the City will
deposit the grant money described in this Agreement. One signature
on the account must be of the designated City representative and
one signature must be of the Grantee except as described in
paragraph 14.
5. Deposit: City and Grantee shall deposit the sums
specifie~ herein into the bank account described in paragraph 4 no
later ~han
6. Conditions: The matching grant provisions of paragraphs
2 and 3, above, are conditions~~ of this ~ Agreement~. and any
obligations and responsibilities imposed upon City hereby. Grantee
shall designate a President· Secretary and Treasurer, and shall
inform Grantor of the designees.
7. Project: Grantee agrees to' perform,- or supervise the
work performed as a part of the Project. The parties hereto agree
that the Project shall be as defined in Appendix C.
8. Maintenance: ~ Gra~tea shall adhere~ to the maintenance
plan for the constructed urc~ect, The- Cited:wilt not urcvide
maintenance above code requirements on City property and shall not
p=ovide~ maintenance, for improvemenEs performed on private property
unless defined in Appendix C as in kind services.
9. Term: The work activities to be performed by the
Grantee, as part of the Project, are to commence on the day of
· 199 , and shall be completed by the day of
· 199 . If there is any need for an extension, Grantee
shall submit a written request to City for such an extension not
later than thirty (30) days prior to the termination date described
herein. The City's grant of an extension shall in no way
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constitute a waiver of any of the other terms of this Agreement.
10. Applicable Laws: The Grantee must comply with all
applicable laws, ordinances and codes. Grantee shall, at their own
expense, secure and pay for all permits and be responsible for all
other fees or charges associated with the performance of the
project or any other activities under this Agreement( Unless
specifically waived by this Agreement as in kind services on the
part of the Grantor
11. Indemnification: The Grantee shall indemnify and hold
the City harmless, including its elected officials, agents and
employees, from and against all claims, damages, losses, and
expenses,.including but not limited to, attorney's fees and costs,
arising out of or resulting from the carrying out of this
Agreement, arising out of any work activities performed under this
Agreement, or constituting ~-breach of any term~of this Agreement.~
12. Covenant Not To Sue: Grantee covenants with Grantee, City
that it will never at any future time sue the City for or on
account of any claim!~o.r~anyi.-~d~ag~s~ar~isi~g~o.ut¥~f~ p.er~ormance:~'.~Q~
this Agreement or construction of the~Project specified herein.
13. Termination: The City shall'ha~e the.right to terminate
this Agreement for any breach of any term of this Agreement. A
breach shall include, but~ not b~ limited, to, failume to~m_eat..the.
match requirements described in paragraphs 2 and 3, failure' tc
begin work in the time and manner specified in paragraphs 5 and 6,
failu~.a~, ta p.=ov.ide~.~Qlunteer labor as specific in paragraph 3,
failure to~ U=uvide equipment or materials adequate to perform the
project, or failure to complete the project by the designated dates
which shall entitle the City to recovery of it's grant.
14. NOtice of Termination: Upon the City's determination
that Grantee has breached any term of this Agreement, City will
provide Grantee written notice of said breach, and provide, in the
written notice, the corrective action that Grantee must take. If
Grantee does not take the above-described corrective action within
3 of 7
fifteen (15) days of Grantee's receipt of the written notice, this
Agreement shall terminate withoUt any further notice. The
corrective action must be acceptable to the City in order to avoid
termination hereunder.
15. Subsequent to Termination: City shall provide Grantee
with a letter confirming termination of the Agreement. Within
thirty (30) days of receipt of this letter, Grantee shall submit to
the City a cashier's check as repayment of the grant provided by
the City under the terms of this Agreement. The City shall be
entitled to send notice of termination to the bank and at its sole
discretion direct dispersement of funds.
16.- Nei~hborhoodAssociations as Independent Contractors: It_
is agreed between the parties that .the Grantee is an independent
contractor and is not an employee or agent of the City.
17. Inspectors: The City reserves the' right' to place
inspectors at the work site or at the place of shipment or delivery
of materials under this Agreement, or at the factory or in the
neighborhood, in order to~corifirm'~tkeclegi,ti~acy~o~ m~ies expended
under this Agreement, but not to observe the quality of the work
done or the materials usedz.'.Citydo~s.~.-not.~ssume any .liability for
the work performed or injuries incurred, in any manner, and does
not act in a supervisory capacity.,
18. Monthly R~ports: Monthly project reports must be
submitted to the Office of Neighborhood Project Specialist on a
t%me~y ,bas~. t~ he< d~termined by the Neighborhood Project
Specialist. Receipts, invoices and volunteer sheets must be
submitted with the monthly project reports. City will not sign for
any draw on the account without satisfactory support, which
decision will be made in the sole discretion of the City designated
representative.
19. Audit: City maintains the right to review and audit any
and all financial records or any other records having to do with
this Agreement, at any time.
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20. Remaining Funds: Within thirty (30) days of
completion or termination of the project, as determined by the
City, all remaining funds in the subject account will be
apportioned to the respective parties at the sole discretion of the
City and dispersed to the respective parties.
21. Misappropriation of Funds: /kny misapprop~riation of
funds may result in civil action and criminal prosecution to the
fullest extent permitted by law.
22. Grantee Labor as Portion of Matching Grant: Grantee
agrees that no more than 25% of the matching resources under this
Agreement may consist of money. Accordingly, at least 75% of the
matching resources shall consist of volunteer labor, materials or__
other similar matching resources as approved by Grantor'. The
hourly value of volunteer labor shall be determined by the City, at
its sole discretion, prior toTM entering into this Agreement, which_
determination is incorporated into this Agreement in paragraph 3.
23. EquiF~nent: For organizations purchasing or receiving
equipment as part of th~'r~p~ject*,~, s:hQuf~'~ th~i~ o~qaniization
dissolved or should the equipment not be used in accordance with
the grant agreement, the City will have. the rigkt..~.to
the equipment.
24. Amendments: The City Commissia~ shalL~havetke authority
to enter into amendments to this Agreement for the City. Any such
amendments must be mutually agreed upon by the parties and must be
25. Notice: Any notices to the Grantee, under this Agreement,
shall be mailed to:
Any notices to the City, under this Agreement, shall be mailed to:
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City of Boynton .B'each
Neighborhood ~oJ'ect Specialist
100 East Boyl~On Beach Boulevard
P.O. Box 310'
Bosrnton Beach, Florida 33425-0310
26. Entire A~reement: This ~greement incorporates the entire.
agreement between the parties hereto and no statements,
representations, or terms, not included within the written terms of
this AgreemenE, can be considered a part of this Agreement.
27. No Waiver: This Agreement does not constitute a waiver
of any applicable Codes or regulations nor does it constitute
approval.-o the Project for development. Ail applicable Codes and
regulations remain in force.
IN WITNESS WHEREOF, the City and Grantee have executed this
Agreement on the day and year ~first above written.
CITY OF BOYNTON BEACH
~ ........... ~x~ ~ Title
ATTEST
GRANTEE
By:
Print Name
Title
6 of 7
STATE OF FLORIDA
COUNTY OF PALM BEACH
PERSONALLY APPEARED before me, the undersigned authority,
as of , personally known to me or
who produced a driver's license as identification, and he/she
acknowledged before me that he/she executed, the foregoing
instrument on behalf of as its true act and deed,
and that he/she was authorized so to do.
WITNESS my hand and official seal this day of ,
199
Notary Public
Print Name:
My Commission Expires:
7 of 7
TO:
OFFICE OF THE CITY MANAGER
INTER-DEPARTMENTAL MEMORANDUM
MEMORANDUM NO. 97-076
~"~Charlie Frederick ' Director Parks & Recreation
FROM: Dale S. Sug;
City Manage
DATE: February 24,
SUBJECT: Proposed im
~rman I:Ei~ 25 lg97
1997
~rovements along NW 17th Avenue
Attached is a memo from
improve the appearance in th
I would ask that you please
you would like to discuss
meeting.
Thank you for your assistan~
Ihe Police Department requesting a community project to
· neighborhood of the 100 - 300 block of N.W. 17th Avenue.
review their request and provide me with your comments. If
~his please call Susan at extension 3022 to arrange for a
'D~S. Sugerman
City Manager
Attachment
DSS:smb
CITY
TO:
FROM:
Marshall B. Gage,
Chief of Police
Mr. Charles Frederick,
Director of Parks &
Recreation
Officer E~itacco
OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
DATE: February 11, 1997 FILE:
SUBJECT: P.O.P. Project - 100 Blk N.W. 17 Avenue
REFERENCES:
ENCLOSURES: Topographical sketch, 6 photos of site
Sirs,
The following is a proposed community project designed to solVe several problems in th~ neighbo~,~od
of the 100 - 300 Block of N.W. 17th Avenue.
The first problem to be addressed is loitering, drug sales, and vandalism which are obvious criminal acts.
The fencing for Ezell Hester Park on the north side of N.W. 17 Avenue has been cut many times in the past few
years, which has cost the City and tax payers thousands of dollars to repair. The reason the fence is out is
because residents in the area are creating a short cut to the park. ~Dmg dealers are using the park to store
narcotics, which they then sell on N.W. 17 Avenue. The holes in the fence also make an extra escape route for
criminals who are being pursued by police officers.
The second problem is the area's appearance. The holes in the fence, the empty median area and constant
littering creates a comfortable atmosphere for the criminal element to loiter. Concerned residents complain to
the police about the loitering on N.W. 17th Avenue, but the police have'had little success in preventing this on
"public property". This situation also builds and breeds a "who cares" attitude and low confidence in the city
by residents who are tired of calling and asking for help.
In response to these concerns, myself and Officer Ritacco organized the Rolling Green Neighborhood
Residents Association, which is made up of residents who live between N.W. 14th Avenue north to N.W. 17th
Avenue and North Seacrest Blvd. west to 1-95. After seven months of work, the association is now run~ its
own officers; a Preside~ Vice President, Secretary.and numerous block cap:nln.~. Th~ r?oid~n~ are dil~
trying to improve the living conditions, appearance and property values of their neighborhood. We aske~.~ .,~m
what they perceived to be their neighborhoods biggest problems. One definite problem they complain about is
the 100 Block of N.W; 17th Avenue. They are sick of young people loitering and selling drags on the city
median and in Ezell Hester Park, They are unhappy with the' appearance of the median and the holes in the park
fence. They wish that the city could do more to clean up its property. Residents in the association are eager to
participate in a project that would improve their neighborhood.
Our proposed project is one that will cost the city the least amount of money. It will be a neighborhood
beautification project and will improve the attitudes of the residents, prevent loitering, and safeguard Ezell Hester
Park from trespasser/drug dealers and other criminals from utilizing the park. This project is a Win/Win
situation.
While talking to local businesses, such as Home Depot, Ed's Garden Center, etc., we have found an
overwhelming desire for involvement. We also have a local sign shop willing to donate a large sign posting the
project and naming the contributing sponsors.
Local businesses can supply material and plants for the medians of N.W. 17th Avenue and the fence line
of Ezell Hester Park. Through environmental design, the problems mentioned above should be eliminated. The
project can be successful with cooperation from local businesses, various city departments, such as the Police,
Parks and Recreation, Water, etc., and the resident's association.
The Rolling Green Residents Neighborhood Association will also provide security to insure that plants
are not stolen.
The last step of cooperation must come from the city and its various departments.
The following is the propoied obligations from the various city departments:
Police Department: 1). Two officers willing to oversee and organize the operation. 2). Heavy patrols
during early phases of the project, especially to insure plants are not destroyed or stolen. (approximately
3 weeks) '
Parks and Recreation: 1). Install approximately 60 - 70 telephone poles in the borders of the median
islands on N.W. ITth Avezme. 2); Arrange for the Water Department to lay a sprinkler system. There
is an existing waler main located in the second median island. 3). Fill the medians with approximately
two to six inches of soil, which is located at the old city water plant. 4). Maintain sprinkler system and
trim foliage when appropriate.
The labor for planting donated foliage will be done by the Neighborhood Association and Suvenile First
OffenderS.
The proposed foliage will be used as follows:
Bougainvillaeas can be planted next to the Ezell Hester Park fence on N.W. 17th Avenue from
N. Seacrest Bird to the beginning of the scrub protected area (200 block N.W. 17th Avenue) to
insure protection of the fence. ~ plant will grow into the fence, which will discourage vandals
from cutting it and at the same time, present an attractive appearance. Once the plant is
established, the fence opening in the 200 block of N.W. 17th Avenue can be closed with a gate,
either permanently, or when the park is closed each evening to prevent nighttime intruders.
Bougainvillaea requires little water.
Crown of Thorns can be placed' inside the telephone poles in the cen~r median to discourage
loiterers from entering the median islands.. Crown of thorns is very thorny and requires little
water but also has.anatwactive red leaf.
],aaia~ is a ground cover plant which is colorful and can be planted inside of the median islands
as well as in the swale along the park. This would add color if planted in front of the
Bougainvillaeas.
4. Palm or Oak trees can be placed in either the median islands or swale area.
5. Miscellaneous donated shrubs or plants can also be utilized to add beauty to the project.
The following time scale is proposed to complete the project:
Install telephone poles on median borders; place dirt into median; build sprinkler system,
Plant foliage in designated spots and erect project sign; begin police and association extra patrols t,
prevent vandalism or theft.
(Note: This time schedule is obviously subject to change depending on any unforeseen problems.)
A sketch is provided to assist in visualizing the project.
Any questions concerning this project can be addressed by Officer Peters or Officer Ritacco, ext. 6150
Sgt. Frank Briganti,
Community Patrol
Lt. Chris YannuT~i,
Executive Lieutenant
Capt. Steve Grenier,
Uniform Services
Chief Marshall B. Gage,
Chief of Police
Dale Sugerman,
City Manager
APPROVED
DATE
DISAPPROVED
|l !1
n
RECREATION & PARK MEMORANDUM NO. 9%086
TO: Dale Sugerman, Assistant City Manager
FROM: Charles C. Frederick,. Recreation & Park Director
DATE: March 4, 1997
SUBJECT: Memo #97-076 Referencing N.W. 17~ Avenue Improvements
Staff has discussed the proposal submitted by Police Officers Peters and Ritacco. The following
comments, suggestions and recommendations are offered:
It is recommended that a 6" non-mountable concrete curb be substituted for the telephone
poles. Our past experience is that telephone poles present a poor appearance, rot and splinter
requiring extra maintenance and have possible health hazards associated with creosote
pressure treatment of the wood. While curbing is expensive ($30,000 - $40,000) this could
be considered for funding in the CDBG 1998 funding program for street and drainage
improw, ments to N.W. 17~. Avenue
Landscape design should be coordinated in advance with the Park Division and an overall
plan developed prior to solicitation of materials and volunteer installation. A good
percentage of the plants and trees should be native (Live Oak, Hog Plum trees) to follow our
city landscape requirements and blend with the Hester semb preserve area. Native plants
such as these will provide a food source for the Scrub Jays. Attached is a list of plants which
can be substituted for proposed plants and will meet these goals. Kevin Hallahan, our City
Environmentalist, can provide names of vendors who may be willing to donate these
materials.
o
The Park Division, not Utilities, in.~'tall irrigation systems on public property either in-house
or through COntract There are five medians on the street. The first two medians have a water
source. Irrigating these two medians is estimated to cost between $3,000-$4,000 (material
only). To pmvid~ wamr and an irrigation system to the remaining medians will be an
additional $4~000-~,000. The irrigation plan must be coordinated with the landscape design.
A properlydmi~ irrigation system is a necessity to insure plant materials will survive
initial installafio~ and remain healthy.
I would suggest that our department staff meet with the police officers to further discuss the
issue of gates, holes in the fence and thom plants related to drug activity. As a part of the
Hester expansion project, which will occur this year, the fence along the south side of the
park (scrub area excluded) will be moved north to accommodate a sidewalk. There will be
no planting area outside the fence as the sidewalk will abut the fence. Plantings would
require location inside the fence on park property. Risk Management does not recommend
Dale Sugerman; Assistant City Manager
Page -2-
March 4, 1997
thom plants on public property due to liability concerns; and this deparlxnent has for
many years refrained from thom plantings for the same reason. Hopefully, brainstorming
together we can find appropriate solutions to the problem.
In summary, we agree that aesthetic improvements to the median are necessary and addressing
the drag problems are imperative. Police officers are taking an active role in Working with
community organizations to improve neighborhoods. As many of the ideas relate to the
Recreation & Park Department, I would suggest that in the future, we be involved in the initial
brainstorming and planning stages of projects prior to formulation of a proposal.
We would suggest a meeting be held with department representatives and a refined plan with
cost estimates for the first two medians be jointly prepared as an initial effort.
CCF:cm
Attachments
xc: Wilfred Hawkinn
Chief Gage
John Wildner
Plant Selections:
A. Bouganvilla (plant 20' on center)
Hog Plum Trees (from City Nursery) along scrub SeCtion of fence. Continue this to
Seacrest Boulevard?
Scrub Live Oak (5-6' hr.).
B. Crown of ThOrns (plant 5' on Center)
Other Selections:
Scrub Plants:
Florida. privet
Prickly pear cactus
Gopher apple
Coontie (zamia floridana)
Saw Palmetto (silver)
C. Lantana (ground cover) (plant 12"-1 8" on center)
Other Selections:
Scrub Plan{s:
Gopher apple
Coontie
D. Palm or Oak'Flees (plant 20-50' on center)
Other Selection~:
Scrub Plants:
Sable Palms
Scrub Live Oak
Uve Oak..
Myrtle ,Oak
Chapmans Oak
F~OM : Panasonic TAD/FAX PHO~ NO. : Mag. ~7 lg97 18:~;q~ ~
WYNN & SONS ENVIRONMENTAI~ CONgTRUCTION INC.
~455 lsl Lane $0uth, West Palm Beach, FL 33411
Phone (561) 793.1P_.~2
Fax (E61) 793-0,3[}6
MAY 27,
FOR 2 M]~DIANS ON 17TH STREET WES? OF S~s. CREST
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