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Agenda 09-14-09 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA SEPTEMBER 14, 2009 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I , ! Woodrow Hay Vice Mayor - District II Jose Rodriguez Commissioner- District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney DISTRI T I 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 PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Templote\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA September 14, 2009 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 Marlene Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Public Hearing on Fire Assessment a. Adoption of Proposed Resolution No. R09-128 Re: Relating to the provision of Fire Rescue Services, facilities and programs in the City of Boynton Beach, Florida imposing fire rescue assessments against assessed property located within the City of Boynton Beach for the fiscal year beginning October 1, 2009; approving the rate of assessment; approving the assessment roll; and providing an effective date. 1st Budget Public Hearing for Fiscal Year 2009/10 a. Proposed Resolution No. R09-129 Re: Adopting the Proposed Millage Rate for Fiscal Year 2009/10 b. Proposed Resolution No. R09-130 Re: Adopting the Tentative Budget for Fiscal Year 2009/10 II. OTHER: A. Informational Items by Members of the City Commission 1 Agenda City Commission Boynton Beach, FL September 14, 2009 III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: None 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 EXDiration Date Weiland Arts Commission Reg 3 yr term to 12/11 I Weiland Bldg. Bel. of Adj. & Appeals Alt 1 yr term to 12/09 Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3) I Weiland Cemetery Board Alt 1 yr term to 12/09 (Tabled 2) Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 3) II Hay Code Compliance Board Alt 1 yr term to 12/09 (Tabled 2) IV Ross Community Relations Bd. Reg 3 yr term to 12/10 III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10. (Tabled 3) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/09 Mayor Taylor Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 II Hay Library Board Alt 1 yr term to 12/09 (Tabled 3) III Rodriguez Library Board Alt 1 yr term to 12/09 III Rodriguez Planning & Development Bd. Alt 1 yr term to 12/09 (Tabled 3) 2 Agenda City Commission Boynton Beach, FL September 14, 2009 Mayor Taylor I Weiland Recreation & Parks Adv. Bd. Recreation & Parks Mv. Bel. Reg Reg 3 yr term to 12/10 3 yr term to 12/11 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - September 1, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award piggyback of Palm Beach County Annual Traffic Signal Construction Contract project #2009055 which was awarded to Gerelco Traffic Controls, Inc. of Port St. Lucie, FL for the construction of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard for a total cost of $248,887.28, which includes a 5% contingency. (Proposed Resolution No. R09-131) 2. Approve purchase of 26 panasonic ToughBook computers from More Direct in the amount of $46,577.70, replacing the existing laptops that are currently out of warranty. C. Resolutions 1. Proposed Resolution No. R09-110 RE: Approving the amendment of Resolution R09-110 to reflect the Florida Housing Finance Corporation's interpretation of its recapture requirements to bring them in line with FHA standards. 2. Proposed Resolution No. R09-132 RE: Approving and authorizing execution of an application and agreement for Library State Aid Grant. 3. Proposed Resolution No. R09-133 subordination of the City of Boynton Warren, residing at 2071 N.W. 2nd Street RE: Approving the Beach mortgage for Wendell 4. Proposed Resolution No. R09-134 RE: Approving and authorizing execution of an agreement with Counseling Services Institute, Inc., (CSI), the City's current Employee Assistance Program 3 Agenda City Commission Boynton Beach, FL September 14, 2009 (EAP) provider, for confidential professional employee assistance services to the City of Boynton Beach employees and their dependents, for an estimated annual expenditure of $10,800. 5. Proposed Resolution No. R09-135 RE: Approving and authorizing execution of Amendment No.2 to Task Order U08-01-05 for ARCADIS U.S., Inc. in the amount of $185,700 with a 5% contingency of $9,285 for a total expenditure of $194,985 for engineering services for the replacement of the vacuum filter at the East Water Treatment Plant. 6. Proposed Resolution No. R09-136 RE: Approving and authorizing execution of a three year lease agreement between the City of Boynton Beach and Ellie's Catering, Inc. for the concession operations at the City Library Cafe; authorizing staff to act as general contractor to construct the improvements and award purchase orders to the lowest bidders per trade; approve a construction budget in the amount of $104,452 plus a 10% contingency plus $48 for a total project budget of $115,000; authorizing an interfund loan at the annual rate of 3%; authorizing amendment to the City Capital Improvement Plan for fiscal year 2008/2009. 7. Proposed Resolution No. R09-137 RE: Approving and authorizing execution of a contract with Special Teams LLC (Donna Brosemer) for completion of annexation project via Interlocal Service Boundary Agreements (ISBA), Educational Advisory Board Services, Economic Development Program support and for other activities as authorized by City Manager or requested by the City Commission. D. Approve the return of cash surety for site-restoration on the Estates of Heritage Club PUD, in the amount of $26,554. E. Approve the updated Library Long Range Plan for 2009-2012. F. Accept the written report to Commission of purchases over $10,000 for the months of July and August, 2009. G. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the eleven months ended August 31, 2009. H. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" and allow for the auction of the items. I Authorize the use of $1,000 for the Community Caring Center, $350 for the Caridad Center and $1,000 for the Schoolhouse Children's Museum from Commissioner Ross's Community Investment funds. 4 Agenda City Commission Boynton Beach, FL September 14, 2009 J. Authorize the use of $2,400 from Commissioner Weiland's Community Investment Fund to assist The Dancer's Alchemy, Inc. and $2,500 for the Jayne E. Miller Nursing Scholarship Fund. K. Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund to assist the Schoolhouse Children's Museum and $800 for the Boynton Woman's Club. L. Authorize the use of $1,500 to The Children's Fund/Hispanic Human Resources Council from Commissioner Rodriguez's Community Investment Fund. M. Authorize the use of $1,750 from Commissioner Rodriguez's Community Investment Fund to assist the Colonial Club Section I and II with re-Iandscaping of Clubhouse and pool. N. Authorize the use of $825 for the Community Caring Center and $825 for the Caridad Center from Commissioner Rodriguez's Community Investment Funds. O. Authorize the use of $1,500 for Sterling Village HOA from Commissioner Rodriguez's Community Investment Funds. P. Authorize the use of $1,500 for the Boynton Isles Neighborhood Association from Commissioner Rodriguez's Community Investment Fund. VII. CODE COMPLIANCE &. lEGAL SETTLEMENTS: A. Approve negotiated settlement agreement in the amount of $16,000 in the case of Jimmy Gray vs. City of Boynton Beach. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as local Planning Agency and City Commission. A. Project: Agent: Owner: Location: Description: Casa del Mar (SPTE 09-010) Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP Lancore Nursery, LLC 2632 North Federal Highway Request for a third year site plan time extension for a new site plan (NWSP 06-015) and height exception (HTEX 06-007) approved on July 18, 2006, thereby further extending site plan and height exception approval including concurrency certification from July 18, 2009 to July 18, 2010. 5 Agenda City Commission Boynton Beach, FL September 14, 2009 B. Project: Agent: Owner: Location: Description: c. Project: Agent: Owner: Location: Description: Women's Circle Office &. Classrooms (ZNCV 09-002) Larry Winker, AIA Sister Lorraine Ryan, Women's Circle Inc. 912-914 SE 4th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.1.2. requiring that off-street parking spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district. Pylon Interstate Plaza Phase II (SPTE 09-008) Raymond Balassiano, A.1.A. Woolbright Executive Center LLC 1501 Corporate Drive Request for one (l)-year site plan time extension for conditional use/major site plan modification (CO US 07-004/MSPM 07-007), and height exception (HTEX 07-005) approved on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20, 2010. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to October 6, 2009) B. Approve piggyback on the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, FL to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314 with a 15% contingency of $38,447 for a total project cost of $294,761.10. (Proposed Resolution No. R09-117) (Tabled to October 6,2009) 6 Agenda City Commission Boynton Beach, FL September 14, 2009 C. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) D. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-1 Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled to December 1,2009) XI. NEW BUSINESS: A. Discussion regarding submission to referendum of the preservation and redevelopment of the Old High School structure and site. B. Discussion regarding designation of Ocean Avenue corridor from the Ocean Avenue Bridge to Seacrest as Boynton Beach Old Town Area and authorize City Attorney to prepare a resolution. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-040 Re: Establishing a procedure to better identify and manage vacant and foreclosed properties by holding mortgage holders responsible through registration and third party administration. 2. Proposed Ordinance No. 09-041 Re: Amending Section 16-61 and 16-62 providing administrative clarity and adding language in the ordinance that requires advance notification when leaving vehicles and/or trailers at the park for more than three (3) days by patrons actively involved in fishing and/or boating activities. C. Ordinances - 1st Reading None D. Resolutions: None 7 Agenda City Commission Boynton Beach, FL September 14, 2009 E. Other: 1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement Liens totaling $472,119.74 as of August 24,2009, held by the City on real property owned by Ralph & Rosie, Inc., located at 2007 South Federal Highway. 2. Conduct impasse hearing to resolve Wage Article of Collective Bargaining Agreement for fiscal year 2009-10. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MAPE BY THE cm COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT TIiIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE em SHAll. FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM! OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO TIiE PROGRAM OR ACTlVTIY IN ORDER FOR THE cm TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 9/10/09 3:30 p.m. S: \CC\ WP\CCAGENDA \AGENDAS\year 2009\09I409.doc 8 :.'~:.".:r"':'>.o (, ~ ,; .f-'r" . '.;( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Fonn Must be Date Final Fonn Must be Date Final Form Must be Commission Meetine: Turned in to City Clerk's Turned in to LeQ:al Turned in to Procurement Dates Office n Seotember I, 2009 Au"ust 17, 2009 AUl!Ust 12, 2009 August 10. 2009 IX] Seotember 14, 2009 August 31. 2009 August 26. 2009 AUl!Ust 24, 2009 ,"') 0 October 6, 2009 Sentember 14, 2009 Sentember 9. 2009 SeDtember 7, 2009 ~ '-1 (J') ~ 0 October 20, 2009 October 6, 2009 Seotember 30,2009 Seotember 28. 2009 ~ -~.., '"" c 0 AnnouncementsIPresentations 0 " NATURE OF 0 New Business AGENDA ITEM 0 0 Code Com liance & Le 1 Settlements 0 Unfinished Business ISI Public Hear;n 0 For Special City Commission Meetin2 of September 14. 2009 RECOMMENDATION: Motion to approve Resolution R09 - Assessment Rate Resolution (Exhibit A). for the approval of the Final FY 2009/20 I 0 Fire EXPLANATION: On July 21, 2009 the City Commission adopted a Preliminary Fire Assessment Rate Resolution for continuation of the Annual Fire Assessment Program. In late August the Palm Beach County Property Appraiser's Office mailed TRIM notices informing property owners of the assessment via their proposed property tax bill. A Notice of Hearing was also published in the Pahn Beach Post on August 20,2009 advertising the date and time the Commission would consider the adoption of the Final Rate Resolution (91l4/09). The City Commission recognizes that the special assessment may create a hardship on certain residential property owners in the City. Therefore the Final Rate Resolution provides a means whereby property owners may request a total or partial waiver of the assessment through an application review process. A copy of the application and criteria are attached as Exhibit B. This information has been posted on the City's website and BBTV. PROGRAM IMPACT: A Public Hearing is required under state law to consider the adoption of the Final Fire Assessment Rate Resolution. At this Hearing, the City Commission will make a final decision on moving forward with the Fire Assessment Program and will establish the rates accordingly. FISCAL IMPACT: Residential dwellings will be assessed at $68 per dwelling unit. Commercial Buildings at $0.16 per sq. ft., IndustriaJ/Warehouse at $0.04 per sq. ft., Institutional and Nursing homes assessed at $0.17 per sq. ft. There is a 77,001 sq. ft. cap on non-residential buildings. Estimated Net Revenue: $3,856,652.00. AL TERNA TIVES: Not approve the Final Fire Assessment Rate Resolution and fund fire assessment line items with General Funds or reduce the level of fire service. Attachments: Exhibit A - Final Fire Assessment Rate Resolution with tbree appendices Exhibit B - Copy of Fire Assessment Application for Determination of Eligibility for H.E.L.P (Hardship Extension Loan Program) S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM I{II ..' (-'\.,cL4~/~-'-C. ,/ Department Head's Signature ) , -) ~~ City Manager's Signy~ Assistant to City Manager ~ City Manager City Attorney! Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC Exhibit A CITY OF BOYNTON BEACH, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED SEPTEMBER 14, 2009 TABLE OF CONTENTS Page SECTION 1. AUTHORITy.............................. .................... ..3 SECTION 2. DEFINITIONS AND INTERPRETATION ............................ .3 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS ........ ......... ." 3 SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION... 5 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION ........................... ..... 6 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS ............................ .....6 SECTION 7. CONFLICTS..................................................................................... ..... 9 SECTION 8. SEVERABILITy......................................................... ......... ............... 9 SECTION 9. EFFECTIVE DATE ................................................................... 9 APPENDIX A AFFIDAVIT OF MAILING.......................................................A-l APPENDIX B PROOF OF PUBLICATION .................................................. B-] APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL ............................................................................................ . e-l RESOLUTION NO. 09-_ 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 4 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON 5 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS 6 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY, 7 FOR THE FISCAL YEAR BEGINNING OCTOBER I, 2009; 8 APPROVING THE RATE OF ASSESSMENT; APPROVING THE 9 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A 10 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF 11 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL 12 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY A 13 COMMITTEE, AND ELIGIBILITY CRITERIA FOR SUCH 14 WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of Boynton Beach, Florida (the "City 18 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the 19 imposition of Fire Rescue Assessments for the rescue services, facilities, and programs 20 against Assessed Property located within the City; and 21 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, 22 facilities, and programs each fiscal year is an equitable and efficient method of allocating 23 and apportioning the fire Rescue Assessed Cost among parcels of Assessed Property; and 24 WHEREAS, the City Commission desires to implement a Fire Rescue 25 Assessment program and impose a Fire Rescue Assessment in the City using the 26 procedures provided by the Ordinance, including the tax bill collection method for the 27 fiscal Year beginning on October 1,2009; and 28 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution 29 No. R08-076 (the "Initial Assessment Resolution"); and 30 WHEREAS, the City Commission, on July 21, 2009, adopted Resolution No. 09- 31 106 (the "Preliminary Assessment Resolution"); and, Page 1 of9 I ~ - , -' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the PreliminaT) Assessment R.esulutlUn euntain, JI1J rc:ference, d brief and general description of the tire rescue services, facilities, and programs Ie, be provided to Assessed Property: describes the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facihties, and programs against Assessed Property: estimates rates of assessment: and directs the updating and preparation of the Assessment Roll and provision of the notice required bv the Ordinance; and WHEREAS, m order to impose Fire Rescue Assessments for the Fiscal Year beginning October 1, 2009, the Ordinance requires the City Commission to adopt a Final Assessment Resolution. which establishes the rates uf assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the Citv Commission deems appropriate. after hearing comments and objections of all interested parties: and WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public. as required by the Ordinance; and WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an Affidavit of Mailing being attached hereto as Appendix A and the Proof of Publication being attached hereto as Appendix 13; WHEREAS, the City Commission recogl11zes that the special assessment may work a hardship on certain residential property owners in the City. and desires to provide a means whereby affected property owners may request a total or partial waiver ot the special assessment for hardship: and Page2of'i 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 ~. L't '5 WHEREAS, a public hearing was held on September 14, 2009, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08-017; Resolution No. R08-076; Resolution No. R09-106; Article VIII, Section 2, Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in Ordinance. SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced in the Preliminary Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property within the City will be specially benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Preliminary Assessment Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, Page 3 of9 II 2 , ~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 determinations and findings as set forth in the Ordinance, the Prelirninar~ :-\sseSSiTh.'nt Resolution, and this Final Assessment Resolution from the fire rescue senlces, facililles, or programs to be provided and a legislativc determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Preliminary Assessment Resolution. (B) The method for computing Fire Rescue Assessments described and referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment methodology described in Appendix F of the Preliminary Assessment Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby approved. (C) For the Fiscal Year beginning October 1,2009, the estimated Fire Rescue Assessed Cost to be assessed is $3,856,652.00. The Fire Rescue Assessments to be assessed and apportioned among beneJited parcels pursuant to the Cost Apportionment and Parcel Apportionn1ent to generate the estimated Firc Rescue Assessed Cost for the Fiscal Year commending October 1,2009. are hereby established as follows: Rate Per Dwelling L1nit $680U Rate Per Square Foot $.Ql-"_ ____________ $(),04 'bU :-. $0. :-- ._____.___~_.._.. ~__ .u.,_~~.___ Propertv Use Category Residential Non-Residential Propertv Use Categories CommercIal Industrial!Warehouse Institutional Nursing Home (D) The above rates of assessment are hereby approved, Fire Rescue 18 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the 19 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of 20 . Assessed Property described in such ASSeSS111ent RulI f\){ the Fiscal Year beginning 21 October 1. 2009. Page 4 01'9 1 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon a parcel of Institutional Property whose use is wholly exempt from taxation under Florida law. (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Building Permit is issued after adoption of this Final Assessment Resolution based upon the rates of assessment approved herein. (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (I) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Ordinance. The Assessment RoIL as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 Page 5 of9 " " ~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .,,, ......,J 27 II SECTION 5. EFFECT OF ,"_DOPTlON OF RESOLlITlON. !he adoptIon >! this Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to. the detem1ination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment. the rate of assessment. the Assessment Roll and the levy and lien of the Fire Rescue Assessments). unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. (A) The City Commission of the City of Boynton Beach, Florida hereby continues its program for qualified individuals who need financial assistance to pay all or part of the Fire Rescue Assessment levied on their property or who seek deferral of payment of all or part of the Fire Rescue Assessment on their propert~. (B) The City's progran1 for financial assistance shall be commonly referred to as HELP.. Hardship Extension Loan Program. The following types ofiinancial assistance are available, based upon need: 1. Relief from all payments of an annual Fire Rescue Assessment. " Relief ii-om a portion of payments (If an annual Fire Rescue Assessment. 3. Deferral of payments of an annual Fire Rescue Assessment, 4. Deferral of a portion of payments of an annual Fire Rescue Assessment. (C) The following individuals are eligible for financial assistance, 1. Residential Property Owners who meet 2009 HHS Poverty Guidelines. Pag~ 6 oft) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2. Residential property owners that are exempt from ad valorem taxation pursuant to the following Florida Statutes are eligible to apply for a Hardship Waiver or Deferral: a. Section ] 96.081, Florida Statutes (totally disabled veterans and surviving spouses of veterans); b, Section 196.091, Florida Statutes (disabled veterans confined to wheelchairs); c. Section 196.]01, Florida Statutes (totally and permanently disabled persons). 3. Residential Property Owners that qualify for the additional homestead exemption for persons 65 and over authorized pursuant to Section 196.075, Florida Statutes are also eligible to apply for the Hardship Waiver. 4. Residential Property Owners that are qualified under the Florida Homestead Property Tax Deferral Act, Section 197.242, et aI., Florida Statutes. (D) Eligible Residential Property Owners may submit an application for a 24 Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department. 25 The Application shall include the following: 26 27 28 29 30 1. Documentation demonstrating eligibility for the Hardship Waiver or Deferral through one of the criteria from exemptions listed in Section C above; 2. A copy of the Tax Bill for the subject property; 31 3. Description of the facts and circumstances of the hardship. 32 (E) All Applications for the Hardship Waiver or Deferral must be received by 33 the City's Finance Department on or before November I of each year in order to be 34 considered for the currently billed assessment. For example, all Hardship Waiver or 35 Deferral Applications for the Fire Rescue Special Assessment for the Fiscal Year 36 commencing October 1,2009, must be received on or before November 1,2009. Page 7 of9 ~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ] 7 18 19 20 21 2~ ," ~) 24 25 26 27 28 29 30 31 II Unce received. all applications shall be IT"'lt'wed l1y 8. 1-lardshq-,V'\!l" cr RL'\ 11'\" Committee: (F) applicant. (0) 1. The Committee shall be comprised of three (31 members: a. City Manager. or his or her designee; b. City's Finance Director. or his or her designee: and c. Member appointed by City Commission. ~ L. The Committee shall review the facts and circumstances to determine whether a hardship exists to warrant a partial or total waiver of the special assessment levied upon the applicant's real property or a deferral of payment of such. 3. The concurrence of a majority of the members of the Committee shall be necessary to grant a partial or totaL waiver or deferral of payment of the special assessment. 4. The decision ofthe Committee is finaL The Committee shall render a written decision and provide such to the If a partial or total waiver or deferral is granted by the Committee, the Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the revised amount of the assessment as to the applicant, (H) (1) (J) fiscal year. (K) An applicant may apply for a Hardship 'Naiver as to one property only. An applicant must apply for the Hardship Waiver on an annual basis, A deferral may be granted for no longer than the end of the then current When financial assistance is granted pursuant to the HEL.P. program. the City shall pay on behalf of the individual who has been granted assistance by the Committee all or part of the Fire Rescue Assessment not paid by the individual. The City Page 8 0 f ') 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 'I I Commission shaH appropriate from general funds a sufficient amount to insure timely payment of an assessment when assistance is warranted. SECTION 7. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. SEVERABILITY. If any clause, section, other part or application of this resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9. EFFECTIVE DATE. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 14th day of September, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Gerald Taylor ATTEST: Vice Mayor - Woodrow L. Hay Janet M. Prainito, CMC Commissioner - Ronald Weiland (CORPORATE SEAL) Commissioner - Jose Rodriguez Commissioner - Marlene Ross H:\1990\900182.BB\Fire Assessment\20Q9 Final Assessment Resolution.doc Page 9 0[9 APPENDIX A AFFIDAVIT OF MAILING AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Sandi Melgarejo, who, after being duly sworn, depose and say: 1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance No. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 21, 2009 (the "Preliminary Rate Resolution") . 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special Act"), Mr. Bressner timely provided all necessary information for notification of the Fire Rescue Assessment to the Property Appraiser of Palm Beach County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-In-millage notification. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the Fire Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire Rescue Assessment. 3. Because the assessment was being levied against newly affected property owners for the first time for Fiscal Year 2009-2010, additional notice by first class mail to the Owner of each newly affected parcel of Assessed Property was also required by the Assessment Ordinance and the Special Act 4. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the additional mailed notices required by Section 2.05 of the Assessment Ordinance to be prepared in conformance with the Preliminary Rate Resolution An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment could result in foreclosure proceedings against the property as well as the initiation of proceedings to compel payment by any means authorized by law, including the collection of any delinquent amounts on a subsequent years' tax bill, which, if not paid, would cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. 3. On or before August 24, 2009, GSG caused the mailing of the above- referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the collection of ad valorem taxes, FURTHER AFFIANTS SAYETH NOT. u~~ Kurt Bressner, affiant ...-/j , "'---~ sandi'~lgarejO,' affiant -~- STATE OF FLORIDA COUNTY OF PALM BEACH COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed before me this .;z. day of ~ 2009 by Kurt Bressner, City Manager, City of Boynton Beach, Florida. e is personally known to me or has ~roduced as identification and did take an oath NOTARYPt'l\LlC.STA,~OFFL0RlDA . .,........."" Pamela Welsh ~. J Co~mission #DD754091 ",,,,,,,,.... BxpIres: JAN. 31, 2012 >ONll'''P!"' n(f~"v"vv," .~';,., h ~, nn e ame:~ .,"e.tri Weo~5 Notary Public, State of Florida At Large h My Commission Expires: I . 1/,;101 ;l. Commission No.: t:J D ?S'7'a 9/ STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this ~"1+k day of _~s+ , 2009 by Sandi Melgarejo, Proj . overnment Services Group, I ., a Florida corporation. She i ersonally known to me or has produced as identification and did take an oath. ~~, J. WENDY WIlliAMS W"i :-1 CommiSSion DD 787547 '! Expttes May 12.2012 II 8clndIi:lnwrltlYFllirrlillulMClflOO-385.101P -f V,J" ~J,. ti~~ ~ r:~ ~nnted Name: ..I.~ tW, .~S Notary Public, State of Florid At Large ~ ~ My Commission Expires: S I;}., j,O{:I Commission No.: CD 7875'f7 City of Boynton Beach Post Office Box 310 Boynton Beach Florida 33425-0310 I Ii- E;O{NTDN BEA".:",; i ()F~]DA NOTIC~ OF HEARING TO IMPOSE AND PROV'lH FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DA TI= AUGU~,T 24 2009 1950 CONGRESS AVENUE LLC SEMBLER FAMILY PRTNRSHP #35 C/O 5858 CENTRAL AVE SAINT PETERSBURG FL 33707 1728 Tax Parcel #: 08434520290030010 Sequence Number' BBF-00009 Legal: BOYNTON TOWN CENTER PCD C3-PAR 1 KIA FUTURE DEV . . . . . NOTICE TO PROPERTY OWNER' . . . . As required by Section 197.3632, Florida Statutes, and City Ordinance No. 2008-017, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services using the tax bill collection method may be levied on your property for the fiscal year October 1, 2009 - September 30, 2010. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No. 01-34, as amended, which Ordinance sunset on September 30, 2008. The City adopted Ordinance No, 08-017 to provide for reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 Fiscal Year. The purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $3,857,841. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein, . c;ate~ory_ Commercial Type and Number of Billing Units ------------ 3,368 square feet ~_._~---- Total Assessment: Fiscal Year 09-10 Assessment $53888 $538.88 The maximum annual fire rescue assessment for the above parcel for Fiscal Year 2009~2010 and future fiscal years is $538.88. A public hearing will be held at 6.30 p.m. on September 14, 2009, in the City Commission Chambers, City Hall, 100 East Boynton Beach Boulevard. Boynton Beach, Florida, for the purpose of receiving public comment on the proposed assessments. You and all other aflected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you wjll need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at (561)742-6060, at least three days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. 80pies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary assessment roll are available for nspection at the City Clerk's office in City Hall. located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. "ursuant to Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida, a special act relating to the County. notice of :he fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property .axes under Section 200.069, Florida Statutes, the truth-in-millage notification. 30th the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected )n the ad valorem tax bill mailed in November Failure to pay the assessments will cause a tax certificate to be issued against the property Nhich may result in a loss of title f there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please oontact the Finance Department at (561)742-6310, Monday through Friday between 9:00 a.m. and 5'00 p,m. . . * . . THIS IS NOT A BILL' * . . . APPENDIX B PROOF OF PUBLICATION THE PALM BEACH POST Published Daily and Sunday West Palm Beach, Palm Beach County, Florida PROOF OF PUBLICA nON STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Ellen Sanita, who on oath says that she is Call Center Revenue Manager of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice in the matter of Fire Rescue Assessment was published in said newspaper in the issues of AUl!ust 20, 2009. Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. eJ Sworn to and subscribed before 20" day of August, A.D. 2009. Weo ;.; ",'00." koow",o me -/{1l h hllf-J ~ NOTARY PllBUC-STATE OF FLORIDA ;"........ Karen M. McIlnton t)d\Commission #DD832672 '~..1 Expires: NOV. 15, 2012 BOIIDEIl TllllU ATLAlmC BONDING co., !Nt:. APPENDIX C FORM OF CERTIFICATE TO NONcAD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire rescue services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 2009. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll, this _ day of .2009. CITY OF BOYNTON BEACH, FLORIDA BY: Mayor, Jerry Taylor [To be delivered to Palm Beach County Tax Collector by September 15] City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2009-2010 AME. (FIRST) (LAST) SOCIAL SECURITY NUMBER: ADDRESS: TELEPHONE # (STREET) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: (NAME) (AGE) (RELATIONSHIP) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your2009 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIA TE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) o I am a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) o I am the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) o I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section196.091. (Provide copy of disability letter from the government or a physician) o I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) o I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2007 & 2008) Federal Income Tax Forms) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS (Provide a copy of your last three (3) months bank statements for all accounts) '\JOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) Fire Assessment Application for Determination of Eligibility for H.E.L.P, Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Amount as ievied on the attached Notice from Palm Beach County, Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P, Applicant's signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2009 HHS Povertv Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE I Size of Poverty Income used to calculate if you meet poverty Familv Unit Guideline level status includes the following sources: 1 $ 10,830 . , 2 $ 14,570 Wages, unemployment compensation, Social 3 $,j8,311) Security, Supplemental Social Security 4 $ 22,050 Income, public assistance, veterans' 5 $ 25,790 payments, survivor benefits, pension or' 6 $ 29,530 7 $ 33,270 retirement income, interest, dividends, rents, I 8 $ 37,010 royalties, income from estates, trust, For each additional person, add $ 3,740 educational assistance, alimony, child support, Source: Federal Register, Vol. 74, No. 14, assistance from outside the household, and other miscellaneous sources. , January 23,2009, pp. 4199-4201 .-..-- ,__J CITY REVIEW PROCESS: :;.. Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 postmarked or delivered no later than November 1, 2009. y The Hardship Waiver Review Committee reviews application. The Committee includes the City Manager or designee, the Finance Director or designee and a third member appointed by the City Commission, >- The Committee's decision to grant a waiver or deferral must be by a majority vote of the Committee. :,. Once the Committee makes a determination, the applicant will be notified in writing of the Committee's decision. The decision of the Committee is final. I PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2009 TAX ! NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX I CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 -100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 (561) 742-6310 MILLAGE RATE e CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be Meetinp Dates in to City Clerk's Office Turned in to Legal Turned in to Procurement 0 September I, 2009 Auoust 17. 2009 Au.rust \2, 2009 Aul!Ust 10, 2009 E September 14. 2009 Auoust 31, 2009 Au.rust 26, 2009 Auj!Ust 24, 2009 r I fur 0 AnnouncementsIPresentations 0 City ManlU!er's Reoor! NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent AQ:enda 0 Legal n Code Comnliance & Lenl Settlements 0 Unfinished Business IX] Public Hearing 0 RECOMMENDATION: Approve a Resolution adopting the proposed millage rate for the Fiscal Year 2009-201 O. 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 the adoption of the millage rate. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: J'7 ~/~ City Mager's SIgnature Departruent Name ~stant to City M~ger ~ " ~ City Attorney 1 mance Financial Services S:\Finance\Budget 2009-20 1 O\Agenda Item Requests\Agenda Item Request ~ Sep 14,2009 (Adoption of Millage Ratel.doc II , RESOLUTION R09- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A PROPOSED MILLAGE RATE FOR THE CITY'S GENERAL OPERATING FllND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED MILLAGE RATE EXCEEDS THE ROLLED-BACK RATE; ANNOllNCING THE DATE, TIME AND PLACE OF THE SECOND AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. 5 6 7 8 q 10 ]) 12 13 ]4 1 , ]6 17 WHEREAS, a tentative budget has been prepared estimating expenditures and 18 revenues of the City of Boynton Beach, Florida, lor the ensuing year, with detailed 19 information, including revenues to be derived from sources other than ad valorem levy, and 20 the administrative staff of the City has made recommendations as to the amount necessary 21 to be appropriated for the ensuing year: and 22 WHEREAS, the City Commission has met and considered the recommendations, 0- _J the suggested lenlative budge!. and the proposed millage necessary to be levied 10 canv em 24 the government of the City for lhe ensuing year: 25 WHEREAS, the City of Boynlon Beach, Florida. has followed lhe procedures as 26 outlined in Florida Statutes Section 200.065: and 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 ,I Section J. The foregoing "Whereas" clauses are hereby ratiiied and cllnJinned as II 30 being true and coneet and are hereby made a specific par! of this Resolution upon adoplion 3 I hereof. S.IC^\RESO\Budget\200G-l(l Budge(\Proro~ed millage- Scr1 ~()()li uoe ., Section 2. The proposed Millage Rate for the 2009-2010 Fiscal Year shall be 2 7.3000 (for the General Fund). 3 Section 3. A copy of the tentative budget shall be published in one issue of a 4 newspaper published in Palm Beach County, Florida, and at the same time the public will be 5 notified of a public hearing to be held on the 22nd day of September, 2009, at 6: 30 P.M. for 6 the purpose of hearing objections or criticisms of the tentative budget and millage. This 7 meeting is for the purpose of setting a final tax levy and final budget. 8 Section 4. The proposed millage rate is 6.1 % below the computed rolled back 9 rate of 7. 7742. 10 Section 5. If any clause, section, or other part of this Resolution shall be held by ] 1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 12 invalid part shall be considered as eliminated and shall in no way affect the validity of the 13 other provisions of this Resolution. Section 6. This Resolution shall become effective immediately upon passage. 14 S'\CA\RESO\Budgef2009-10 BudgettProposed millage~ Sept 2009.doc PASSED AND ADOPTED this day of 'ieplemner, 1009, 2 3 CITY OF BOYNTON BEACH. FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 J 9 20 2] 22 Mayor - Jeny Taylor Vice Mayor. WoodroVv L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez 7' _0 Commissioner Marlene Ross 24 ATTEST: 25 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 ;; ) 3:2 13 (Corporate Seal) 34 S:\CA\RESO\Budget20n4-10 BudgdJ>roposeu rnillage- St'p1200Q,d(1c . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM TENTATIVE BUDGET Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be Meetinp Dates in to City Clerk's Office Turned in to Lepa! Turned in to Procurement n Sentember I, 2009 Auwst 17, 2009 August 12, 2009 Auoust 10, 2009 IXI Sentember 14, 2009 Aul!Ust 31, 2009 August 26, 2009 Aupnst 24, 2009 0 AnnouncementsIPresentations ISI City Manlil!er's Reoort NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Lepa! 0 Code Comoliance & Legal Settlemeots 0 Unfinished Business 0 Public Hearin" 0 RECOMMENDATION: Consider and approve the Resolutions (a) to adopt a tentative budget for all funds of the City and (b) the ad valorem tax rate for the General Fund for the fiscal year beginning October 1,2009 and ending September 30, 2010. The fiscal models attached include the financial impact of a wage increase for all employees effective April 2010. This reflects the PBA's latest contract offer. This is contained in the PBA's letter dated August 3 1,2009 attached. In the event, through negotiations or the impasse process the wage increase is eliminated, per the original policy direction of the City Commission, the impact would be an expenditure reduction on the General Fund of $840,000. (See notes on Schedule 2 below). EXPLANATION: The attached Resolutions contain the necessary amounts the City Manager is recommending that the City Commission appropriate for all funds to carry on City government programs and services for the upcoming fiscal year. Each fund, including the General Fund, contains revenues estimated from sources other than the ad valorem tax levy. In addition, General Fund contains the ad valorem tax levy to balance the General Fund Budget. Details for all funds are provided in the budget document. Staff recognizes all the attention at the Budget Workshops in July and the July 21,2009 Commission meeting was on the General Fund in order to set the ad valorem tax rate. As the Commission will recall, staff prepared four (4) different budget models with alternative tax rates generating different levels of ad valorem taxes, other proposed revenues and expenditures to balance the General Fund budget under each tax rate. Resulting from the budget workshops and discussions at the Commission meeting, staff modified the budget models reflecting alternate ad valorem tax rates. Two models were deleted from further consideration. . Model #2 - 7. I 794 Midpoint Rate . Model #4-7.7742 Rolled- Back Rate Three models continued, each with separate alternatives that reflect additional cost cutting measures identified. . Model #1 - 6.4553 Current tax rate . Model #3 - 7.3000 City Manager recommended tentative rate approved by the City Commission on July 21, 2009 along with recommended expenditure reductions and reserves. . Model #5 - 7.3000 Commission alternate proposal along with discussed expenditure reductions and reserves presented on July 21,2009. Schedule 1 - Summary of General Fund Revenues is the same for all models (to include recommended adjustments) with the exception of ad valorem tax revenues under the two rates. Schedule 2 - Summary of General Fund Expenditures varies by model. The reasons for the differences in the expenditure reductions are noted parenthetically on Schedule 2. The items under the "Reserves" caption at the bottom are material in dollar value and require further consideration by the Commission. All items are included in the tax rates for each model. (The parenthetical amounts below represent the millage rate impact at $386,000 per 1/10 of a milL) . $ 840,000 - Provision for the elimination of the wage freeze for all bargaining units and non represented employees (for consistency not to cause division among staff members) for the second half of the fiscal year based on the initial offer from the PBA. (0.2176) . $1,188,000 - Provision for estimated debt service for only one-half year should the Commission decide to move ahead with the new Police Facility. (0.3078) S:\FinancelBudget 2009-2010\Agenda Item Requests\Agenda Item Request - Sep 142009 (Budget Appropriation) Final.doc . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The tax rate impact varies by model #1, #3, #5, respectively, to produce a balanced budget ifall preceding items are recommended. Due to the economic uncertainties, a provision for contingency is recommended: especially for further reduction of state-shared revenues and sales taxes that the state has already estimated to decline by $200,000 since the Budget Workshop. . $( 83,223) - Requires an added expenditure reduction or revenue increase in addition to proposed cuts. (+ 0.02161 . $ 695,202 - Reduction can reduce the tax rate up to (0.1801) . $ 924, I 84 - Reduction can reduce the tax rate up to (0.2394 I The attached Exhibits A to G (preceded by an explanation), provided to the Commission at the September], 2009 Commission Meeting, reflect the General Fund Revenue and Expenditure Summary in the chronological sequence of the budget recommendations, alternatives and adjustments to balance the budget. PROGRAM IMP ACT: Model #3 and Model #5 have reduced impact on operating programs. However, capital programs are impacted with the cutting and deferral of capital projects listed on Exhibit F. FISCAL IMP ACT: Each Model notes the fiscal alternatives and the resulting ad valorem tax rate to balance the budget. The Commission needs to approve any further changes in order to prepare a fmal budget recommendation for the Final Budget Hearing. ALTERNATIVES: Each Model provides alternatives for the Commission's consideration. Model #1 keeps the millage rate at current level and includes layoffs. Model #3 moves the millage rate to 7,3 or, with the imposition of a wage freeze, can reduce the millage by $840,000 or to about 7.1. Model #5 moves the millage rate to 7.3, or with the imposition of a wage freeze can reduce the millage by $840'0011US other incremental cuts totaling $ I 77 ,682 which would move the millage to also to about 7.1. Staff does not recommend M el/b5. r-, ~~ / A ,I' I I ~\ /"} '-;.-::-- I { t ' (~. &u., ,I . {J,'),h \]\ -~ I-.A,- ix \, Q-<--<-.,- --,- Department Head's Signature CIty Manager's Si ature r, City Manager's Office Assis~ (0 City Manager Department Name City Attorney I RESOLUTION R09- 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, 2009, AND ENDING 7 SEPTEMBER 30, 2010; 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 information, 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 carry on the 17 government of the city for the ensuing year; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section l. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for 24 the fiscal year beginning October I, 2009 and ending September 30, 2010, 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 $7 I ,93 5 .667 .00 to the General Fund for the payment of 28 operating expenditures and necessary capital outlays for the City Government pursuant to 29 the terms of the above budget. That there is hereby appropriated the sum of $ I 10,1 92.00 to the 30 Section 3. 31 interest and sinking fund for the general debt service for the purpose of paying the interest, S:\CA\RESO\Budgef\2009-IO BudgetReso Tent budget. Sept 2009 @ 9-08..u9 (Final Capy),doc II 2 , 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0' --' 24 25 26 27 28 principal and reserve due on the general obligation bonds of the City nOI subject 10 statulOry exemptions and for redeeming such bonds as they mature. Section 4. That therc is hereby appropriated the sum of $3.253,500.00 10 the Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the above budgct. Section 5. That there is hereby appropriated the sum of $8,509.564.00 to the Solid Waste Fund for the payment of operating expenditures and necessary capital outlays Section 6. That there is hereby appropriated the sum of $2,518.136.00 to the Golf Course Revenue Fund for operating expenditures and necessary capital outlays. Section 7. That there is hereby appropriated the sum of $4.727.409.00 to the Fleet Maintenance Fund for the payment of operating expenditures and necessary capital outlays. Section 8. That there is hereby appropriated the sum of $1.126.700.00 to the Loca] Option Gas Tax Fund for the payment of operating expenditures and necessary capital outlays. Section 9. That there is hereby appropriated the sum of $27.692,618.00 to the Water and Sewer Utility Fund for operating cxpenditures and neccssary capital outlay, Section 10 That there is hereby appropriated the sum of $5,362,635.00 to the Water and Sewer Utility Fund for the purpose of paying debt service due on the Water and Sewer Revenue Bonds. Section]] That there is hereby appropriated the sum of $23,828,300.0U to the Water and Sewer Utility Capital Improvement Fund for the payment of capital outlays pursllant to the terms of the above budget. Section 12. That there IS hereby appropriated the sum of $322.199.00 to the Warehouse Fund for the payment of operating expenditures and necessary capital outlays. Section 13. That there is hereby appropriated the sum of $376.U97.00 to Cemetery Fund for the payment of operating expenditures and necessary capital outlays. Section 14. That there is hereby approprIated the sum of $8.693.4\5.00 to the S.\l'A\RESO\Budgef\2009-1 U Budget.Reso CJ ent budgel- Sept 2()(j(-I 'IJ' Sl-OX-OIJ (hna\ l. npVI,do( interest and sinking fund for general debt service for the purpose of paying the interest, 2 principal and reserve due on the public service tax bonds of the City not subject to statutory 3 exemptions and for redeeming such bonds as they mature. 4 Section 15. That there is hereby appropriated the sum of $2,971,159.00 to the 5 Self-Insurance Fund for the payment of operating expenditures. 6 Section 16. That there is hereby appropriated the sum of $278,555.00 to the 7 Transportation Fund for the payment of operating expenditures and necessary capital 8 outlays. 9 Section 17. That there is hereby appropriated the sum of $627,1 50.00 to the 10 Recreation Program Revenue Fund for the payment of operating expenditures and necessary 11 capital outlays. 12 Section 18. That there is hereby appropriated the sum of $530,040.00 to the 13 Community Improvements Fund for the payment of operating expenditures and necessary 14 capital outlays. 15 Section 19. That there is hereby appropriated the sum of$3.957,838.00 to the Fire 16 Assessment Fund for the payment of operating expenditures and necessary capital outlays. 17 Section 20. That there is hereby appropriated the sum of $146.627.00 to the 18 Public Arts Fund for the payment of operating expenditures and necessary capital outlays. 19 A copy of the tentative budget summary shall be published in one issue of a newspaper 20 published in Palm Beach County and at the same time the public will be notified of a public 21 hearing to be held on the 22nd day of September, 2009, at 6:30 P.M. for the purpose of 22 hearing objections or criticisms of the final budget and millage. This meeting is for the 23 purpose of setting a final tax levy and final budget. 24 Section 21. All delinquent taxes collected during the ensuing fiscal year as 25 proceeds from levies of operation millages of prior years are hereby specifically 26 appropriated for the use of the General Fund. 27 Section 22. If any clause, section or other part of this Resolution shall be held by 28 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 3 S:\CA\RESO\Budget2009-IO BudgetReso Tent budget. Sept 2009 igl9-08-09 (Final CopYLdoc or invalid prui shall be considered as eliminateu aIlu shall in Ilu way affect the validity ufthe 2 remaining portions of this Resolution. J Section 23. All Resolutions or parts of Resolutions in conflict herewith are hereby 4 repealed to the extent of such conflict. 5 Section 24. This Resolution shall become etlective immediately upon passage. 6 7 8 PASSED AND ADOPTED this ____ day of September, 2009. 9 10 11 12 I J 14 15 16 ]7 ] 8 19 20 21 CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mavor - Woodrow L Hay Commissioner- Ronald Weiland Commissioner Jose Rodriguez 22 0' ~O 24 Commissioner - Marlene Ross 25 ATTEST: 26 27 2S lanet M. Prainito, CMC 29 City Clerk 30 31 ~3 '0 o~ 14 (Corporate Sea]) 35 36 4 S:\CA\RESO\Budget2009-10 BudgetReso Tent budget- Sept 2009 Iii, 9-08-Ull IFma] \._opyLdoc - Schedule 1 CITY OF BOYNTON BEACH Summary of General Fund Revenues Re Based on 7-1-09 Final Taxable Values Model #1 Model #3 Model #5 Current Rate Commission Alternate Approved 7-21 Proposal 7-21 6.4553 7.3000 7.3000 venues & Transfers In: Total Ad Valorem Tax Revenues INet of Discounts) $ 29,322,000 $ 32,755,000 $ 32,755,000 TLess TIF to CRA $ (4,064,000) $ (4,596,000) $ (4,596,000) INet Ad Valorem Tax Revenues to the City $ 25,258,000 $ 28,159,000 $ 28,159,000 Other Estimated Revenues: Franchise Fees $ 4,820,000 $ 4,820,000 $ 4,820,000 Licenses & Permits $ 2,257,000 $ 2,257,000 $ 2,257,000 Interaovemmenlal Shared Revenue $ 6,667,000 $ 6,667,000 $ 6,667,000 Charnes for Services $ 5,020,000 $ 5,020,000 $ 5,020,000 Interest & Other Revenues $ 1,148,000 $ 1,148,000 $ 1,148,000 TTolal Other Estimated Revenues: $ 19,912,000 $ 19,912,000 $ 19,912,000 Transfers From Other Funds Local Option Gas Tax Fund $ 650,000 $ 650,000 $ 650,000 Recreation Programs Fund $ 95,000 $ 95,000 $ 95,000 Public Service Tax Debt Fund $ 6,050,000 $ 6,050,000 $ 6,050,000 Fire Assessment Fund $ 3,457,838 $ 3,457,838 $ 3,457,838 Water/Sewer Utility Fund $ 4,500,000 $ 4,500,000 $ 4,500,000 Golf Course Fund $ 45,000 $ 45,000 $ 45,000 Solid Waste Fund $ 930,000 $ 930,000 $ 930,000 Memorial Park Fund $ 12,000 $ 12,000 $ 12,000 Community Trust Fund $ 200,000 $ 200,000 $ 200,000 I Total Transfers From Other Funds $ 15,939,838 $ 15,939,838 $ 15,939,838 fTotal Estimated Revenues & Transfers From Other Funds $ 61,109,838 $ 64,010,838 $ 64,010,838 Recommended Adiustments Revenues Revenue Additions EMS BillinaRevenue IncreaselUse of Collection Aaenev\ $ 400,000 $ 400,000 $ 400,000 Take Home Car Reimbursements $ 45,000 $ 45,000 $ 45,000 Enerov Block Grant $ 75,000 $ 75,000 $ 75,000 LibrEiiV Fines IAveraae Annual Revenues) $ 30,000 $ 30,000 $ 30,000 COPS GrantfFor 8 Police OfficerS) Year 1 of 3vears $ 617,000 $ 617,000 $ 617,000 Revenue Reductions State Shared Revenues & Sales Taxes $ 1200,000 $ (200,000 $ (200,000 Police Red Lioht Cameras $ (300,000 $ (300,000 $ (300,000 Police Revenue from Services to CRA $ 150,000 $ (50,000 $ (50,000 Transfers From Other Funds Transfer from Fleet Fund $ 1,500,000 $ 1.500,000 $ 1,500,000 Transfer from Canllal Projects Fund $ 3,144,000 $ 3,144,000 $ 3,144,000 Transfer from Solid Waste Fund (Increased to $2,430,000) $ 1,500,000 $ 1,500,000 $ 1,500,000 Transfer from Fire Assmt Fund (Increased to $3,798,0001 $ 339,698 $ 339,698 $ 339,698 IAnnronriation IReductloiif of General Fund Balance $ 3,500,000 $ 3,500,000 $ 3,500,000 otal Recommended Adjustments $ 10,600,698 $ 10,600,698 $ 10,600,698 I Revised Estimated Revenues & Transfers From Other Funds $ 71,710,536 $ 74,611,536 $ 74,611,536 C:\Documents and Settings\laverrierel\Local Settings\ Temporary Internet Files\OLK5B\ \ 3 Budget Options @ 6 4553 Current Rate 7 3000 Preliminary Rate (9-8).xls \ Sch 1 - Rev & Transfers Schedule 2 <I' CITY OF BOYNTON BEACH Summary of General Fund Expenditures Based on 7 -1-09 Final Taxable Values Model #1 Model #3 Model #5 Current Rate Commission Alternate Approved 7 -21 Proposal 7 -21 6.4553 7.3000 7.3000 Total Recommendad Expenditures & Transfers Out (Per Exhibit A) $ 71,935,667 $ 71,935,667 $ 71,935,667 Recommended Adiustments Increased Exnendltures Add Back 8 Police Officers (Included in COPS GranO $ 554,000 $ 554,000 $ 554,000 Add Back 7 Pollee Officers (Not Included in COPS GranO- $ 522,000 $ 522,000 $ 522,000 Add 6 Fire Fiohters - Station 5 (Funded with Fire Assessment) $ 340,626 $ 340,626 $ 340,626 Decreased Exnendltures 2% Pay Cut Across the Board - Subiect to CBA $ (775,923)' $ - $ - Proaram and Resultina Staff Cuts (21 Filled Positions Per Exhibit Dl $ (1,346,652), $ - $ - Eliminate President's Dav/Xmas Eve Holldav (Except Public Safety) $ (25,000) . $ (25,000 $ (25,000 4-Dav Work Week $ (140,000 $ (140,000 $ (140,000 Mat Packaae Chanae - end buyout of 4 days leave $ (172,000 $ (172,000 $ (172,000 End Lonaevitv Prooram (ExceotPollce & Fire) $ (48,000 . $ (48,000) $ (48,000 Telephone Audit $ (50,000) $ (50,000 $ (50,000 Out of State Travel $ 110,000) $ 110,000 $ (10,000 Medical; Dental & Vision Savinas $ 1380,215) $ (380,215 $ (380,215 Delete BOB National Site Consultant $ (1,000) $ 11,000 $ (1,000) Other Prooosed Reductions Business Meetings ICitv Manaaer Previouslv Reduced) $ - $ - $ (20,r Publications (Citv Manaaer Previouslv Reduced) $ - $ - $ (12,&0_ Membershios (Citv Manaaer Previouslv Reduced) $ - $ - $ (20,874) Eliminate Deferred Comoensation @ 100% (Condition of Emnlovment) $ - $ - $ (123,000) Delete 10 Vacant Positions & Convert 2 to Shared Position Electrician - Public Works Shared 50% with Utilities $ (39,550) $ (39,550 $ (39,550) Sr. Crew Worker - Public Works $ (37,932) $ (37,932 $ (37,932) Sr. Crew Worker - Public Works $ (37,932 $ (37,932) $ (37,932 Parks Maintenance Worker - Recreation $ (35,921) $ 35,921 $ (35,921) Custodian - Public Works $ 131,899) $ 31,899 $ (31,899) Custodian - Public Works $ (31,899 $ 31,899 $ (31,899 Fire inspector - Fire $ (58,042) $ (58,042 $ (58,042 Librarv Tech Soecialist - Librarv Shared with ITS $ - $ - $ (51,300 Parks Maintenance Worker - Public Works $ (35,921 $ (35,921 $ (35,921 Community Service Officer $ (47,920 $ (47,920 $ (47,920 Chanoe City Manaoer Admin Secretary to .50 FTE $ (17,025 $ (17,025 $ (17,025) Chanoe Development Office Assistant to .50FTE $ (13,703 $ (13,703 $ (13,703 Position Vacancy Factor $ (250,000) $ (250,000) $ (250,000) Reserves Provision for Elimination of Waae Freeze for Last 6 Months of FY 2009-2010 PBA (Estimated Imoact Per 8-31-091/2 Year ProoosaTl $ 340,000 $ 340,000 $ 340,000 IAFF (Estimated ImDact for ConsistencvWith PBA) $ 211,000 $ 211,000 $ 211,000 All Other Empiovees (Estimated Imoact for Consistency With PBA) $ 289,000 $ 289,000 $ 289.000 Total Provision for Partial Elimination of Waoe Freeze (General Fund Onivl $ 840,000 $ 840,000 $ 840,000 Provision for Transfer to Debt Service Fund for Police Station (1/2 Year On Iv) $ 1,188,000 $ 1,188,000 $ 1,188,000 Provision for Contingency - Further Reduced Revenues (2/10 mill = $772,000) $ (83,223) $ 695,202 $ 924,184 Revised Recommended Expenditures & Transfers Out 1$ 71,710,536 I] $ 74,611,536 [I $ 74,611,t C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLKSB\ \ 3 Budget Options @ 64553 Current Rate 73000 Preliminary Rate (g.S).xls \ Sch 2 - Exp, Transfers & Appn. Exhibit A - General Fund Revenue & Expenditure Summary Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates This Exhibit summarizes the initial budget presentation to the City Commission with two models. Model #1 maintains the current millage of 6.4553 and Model #3 is the City Manager's recommendation millage of 7.3000. The onlv differences are - . Total ad valorem taxes levied . Resulting tax revenue for the City and the CRA . Projected initial deficit at alternate tax rates before recommendations to balance the budget Several items to note are - . The City is fairly reliant on property taxes at 48% of total funding sources . Transfers from other funds include $6.05 million from the Public Service Tax Debt Service Fund. o While the Public Service Tax is general revenue of the City, it is first pledged for debt service on outstanding bonds secured by this revenue source. o If the City were to issue added bonds secured by public service taxes (versus ad valorem taxes) to finance major capital projects such as the Police building, this transfer would be reduced in future years by the annual debt service required to repay those bonds. . Expenditures are recommended at $71.9 million under both models o This amount is after two rounds of reductions prior to further recommended reductions o Compared to the current year's $74.0 million budget, it represents an overall 2.9% decrease . The projected initial deficits before budget balancing options at the bottom of Exhibit A are carried forward to the top of each of the following Exhibits B-E as the amount to reduce in order to balance the budget at the final tax rate. o $10.8 million at the current 6.4553 tax rate o $7.9 million at the initially recommended tax rate Exhibit B - City Manager Recommendations to Balance the Budget Prior to July 14-15 Budget Workshop Pre-Workshop Options to Set Ad Valorem Tax Rate & Balance the Budget This Exhibit represents the City Manager's original budget reductions presented at the beginning of the Budget Workshops in July. The onlv differences are - . Model #1 contains recommendations for o $0.775 million 2% across the board pay cut subject to collective bargaining agreements (CBA) o $1.346 million in program cuts and the elimination of 22 positions . Model #2 contains a recommendation for o $0.348 million to add six (6) firefighters to fully cover the opening of Station #5 . Both Models contain o A $1.2 million reserve to reinstate the 15 Police Officers that were not included in the recommended Police budget included on Exhibit A. o The initial $ 1.1 million estimated amount of the grant that is needed to reinstate the IS Officers. Several items to note including those at the bottom of this Exhibit and others are - . The reduced transfer of $1.2 million from the Capital Projects Fund is not considered for proceeding with Congress A venue Park (Boundless Playground) as it was only included with Model #4 Rolled Back Rate. At this point, all Models recommend deferring the project. . The projected ~ at alternative tax rates o Model #1 - $1.2 million o Model #2 - $ 1.6 million . A surplus is left in each of the Models at this point for two reasons. 1. To provide the Commission the option modify the funding sources or expenditure levels 2. To further reduce the tax rates under each Model C:\Documents and Settings\laverrierellLocal SettingslTemporary Internet FileslOLK5BlAgenda Item Request - Sep 142009 (Summary Listing of Exhibits).docx Exhibit C - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates Workshop & 7/21/09 Commission Meeting Options to Set Ad Valorem Tax Rate & Balance the Budget This Exhibit adds Model #5 representing all recommendations to consider resulting (as noted) from the Budget Workshop and those added at the July 21 Commission meeting. These recommendations are also now included with Models #1 & #2 except for the followiug: . 25% reductions ($55,000) for business meetings, publications, and memberships since reductions were previously made in these accounts during the second round of City Manager reductions as mentioned under Exhibit A. . Eliminate Deferred Compensation ($123,000) representing all funds (General Fund is $100,000). While this does not directly impact salary, it is part of setting the salary level upon the hiring not only of department heads, but also key personnel, where the benefit is common in many local governments and needed to attract top candidates to the City. The amount is not taxable to the recipient and the City saves payroll taxes on the amount. To achieve an equal net amount of salary, between 25-30% would need to be added to the salary amount. Further, the Deferred Compensation is considered by the City Attorney to be a condition of employment. . Library Tech Specialist ($51,300) while currently vacant, it is critically needed after the opening of the new Library and the addition of many computers to serve the public. Several items to note included at the bottom of this Exhibit are - . The projected ~ at alternative tax rates o Model #1 - $1.9 million o Model #3 - $2.7 million o Model #5 - $2.9 million Exhibit 0 - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates Recent Options (Cumulative) to Set Ad Valorem Tax Rate & Balance the Budget This Exhibit provides an overall view of all identified revenue/expenditure adjustments from the point of the original budget models that were presented (pre-workshop) through several items known or recommended since the July 21, 2009 Commission meeting. As noted on Exhibit D, they include the following with (a) positive numbers reducing the tax rate impact and (b) negative numbers increasing the tax rate impact. . Removal of the reserve for the COPS grant and the related 15 Police Officers and adding the following. o $ 617,000 - COPS grant awarded for 8 ofthe 15 Police Officers o $(554,000) - The budgeted cost of the 8 Police Officers o $(522,000) - The budgeted cost of the 7 Police Officers not included subject to Commission approval . $(200,000) - Reduction of the latest estimates of State Shared Revenues (Sales Tax) . $( 10,000) - Reduction of 4 Day Work Week savings with the decision uot to contract furt11er for custodial care . $(250,000) - Reduction of Position Vacancy Factor resulting from the deletion of 10 vacant positions . $ 31,899 Elimination of a vacant Fire Inspector position . $ 47,920 - Elimination ofa vacant Community Service Officer position . $(772,000) - Addition of a contingency equal to 2 mills for unknowns especially future revenue reductions Several items to note included at the bottom of this Exhibit are . The projected surplus at alternative tax rates o Model #1 - $0.4 million o Model #3 - $1.2 million o Model #5 - $1.4 million C:\Documents and SettingsllaverrierellLocal Settings\Temporary Internet Files\OLK5BlAgenda Item Request - Sep 142009 (Summary Listing ofExhibits),docx Exhibit E - Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates Budget Adjustments Considered to Date to Set Ad Valorem Tax Rate & Balance the Budget This Exhibit E serves as a summary of all potential budget adiustrnents to date. It - . Begins with the Projected Surplus at Alternate Tax Rates with the COPS Grant on Exhibit B prior to the Budget Workshops to balance the initial projected deficit under each of the Models. . Lists only the additional options pursuant to the Workshops & 7121109 Commission Meeting as listed on Exhibit C. . Lists only the recent options subsequent to those previously considered as listed on Exhibit D. Several items to note included at the bottom of this Exhibit are - . The projected ~ at alternative tax rates that are the same as shown on Exhibit D. o Model # I - $0.4 million o Model #3 - $1.2 million o Model #5 - $1.4 million . The resulting reduced tax rate if the surolus is eliminated at the amounts noted above. For instance, the tax millage rates would be reduced as follows under each Model. o Model #1 - 6.4553 to 6.3440 o Model #3 - 7.3000 to 6.9869 o Model #5 - 7.3000 to 6.9275 Exhibit F - Recommended CIP $ Available for Transfer to General Fund Potential Increased Debt Service Reducing Public Service Tax Available for Transfer to General Fund This Exhibit lists - . The capital projects recommended for removal from the FY 2009-2010 and FY 2010-2011 Capital Improvement Plan in order to transfer available funds to the General Fund to assist in balancing the budget. It also recommends the deferral or deletion of each project. . The potential annual debt service required to repay bonds required to fmance a new Police facility. The increased debt service reduces Public Service Taxes available to the General Fund in FY 2009-20 I 0, FY 2010-20 II and thereafter for the life of the bonds that are commonly 20 years. At this point, neither the scope of the project, the amount of required financing, or the annual debt service is deternrined. The lower portion of the Exhibit only makes certain assumptions at this point in order to set aside estimated Public Service Taxes as security for funding for potential debt service once the Commission decides whether or not to proceed with the project at this time, its scope and funding. Exhibit G - FY 2009-2010 Budget Summary This Exhibit summarizes the budget in comparison to FY 2008-2009 prior to the further recommendations contained in the prior exhibits to balance the budget. The General Fund comparisons further summarizes the comparison on Exhibit A. C:\Documents and Settings\Javerrierel\Local Settings\Temporary Internet Files\OLK5B\Agenda Item Request - Sep 142009 (Summary Listing of Exhibits).docx Exhibit A . I CITY OF BOYNTON BEACH General Fund Revenue & Expenditure Summary Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates R Based on 6-26..09 Final Taxable Values Model #1 Model #3 Current Rate City Mgr Recorn 6.4563 7.3000 avenues & Transfers In: % of Total Total Ad Valorem Tax Revenues (Net of Discounts) 48.0% $ 29.322,000 $ 32,755.000 Less TIF to eRA ~6.7% $ (4,064.000) $ (4,596.000) Net Ad Vaforem Tax Revenues to the City 41.3% $ 25.258.000 $ 28,159.000 other Estimated Revenues: Franchise Fees 7.9% $ 4,820.000 $ 4,820 000 Licenses & Permits 3.7% $ 2,257.000 $ 2.257.000 Interaovernmental Shared Revenue 10.9% $ 6667.000 $ 6 667 000 Charoes for Services 8.2% $ 5.020000 $ 5,020.000 Interest & Other Revenues 1.9% $ 1,148,000 $ 1,148.000 Total Other Estimated Revenues: 32.6% $ 19.912,000 $ 19.912.000 Transfers From other Funds Local Option Gas Tax Fund 11% $ 650.000 $ 650.000 Recreation Programs Fund 0.2% $ 95,000 $ 95,000 Public SeNice Tax Debt Fund 9.9% $ 6.050.000 $ 6.050.000 Fire Assessment Fund 5.7% $ 3,457.638 $ 3,457.838 Water/Sewer Utility Fund 7.4% $ 4.500,000 $ 4,500,000 Golf Course Fund 0.1% $ 45.000 $ 45,000 Solid Waste Fund 1.5% $ 930,000 $ 930,000 Memorial Parle Fund 0.0% $ t2,000 $ 12,000 Community Trust Fund 0.3% $ 200,000 $ 200,000 Total Transfers From Other Funds 26.1% $ 15,939,838 $ 15.939.838 Total Estimated Revenues & Transfers From other Funds 100.0% $ 61,109,838 $ 64,010,838 oendttul"88 & Transfe,.. Out: FY 08:ll9 % Change Deoartment Emendltures fAfter Cltv Manaaer Reductions) Budaet From 08-09 City Commission $ 423,814 -40.0% $ 254,365 $ 254 365 City Mananer $ 639.605 -0.6% $ 635.769 $ 635.769 City Hall! General Fund Wide Costs $ 1,917,260 -17.0% $ 1.591,754 $ 1,591.754 Public Affairs $ 182.064 -17.1% $ 150,888 $ 150.888 COVClerk $ 558 899 2.3% $ 571.989 $ 57t 989 Financial Services $ 1.247.884 -0.1% $ t.247,164 $ t,247164 Information Technoloov $ 1.866,388 ~2.7% $ 1,816,072 $ 1,816072 GeOQraohicallnformation Services $ 430 t64 ~0.5% $ 428.004 $ 428.004 Human Resources $ t ,045,986 -3.1% $ 1.013,947 $ 1.013.947 Omanization & stratAOic Develonment $ t98.891 -17.1% $ 164.790 $ 164,790 City Attorney $ 480.375 -2.3% $ 469,106 $ 469.106 General Government Total $ 8,991,310 -7.2% $ 8,343,848 $ 8,343,848 Police $ 24.321.550 -2.4% $ 23,744,483 $ 23.744.483 Code Comnliance $ 1,261,445 -8.3% $ 1.158,323 $ 1,156 323 COmmunications $ 2.384,971 -10.8% $ 2,126.823 $ 2,126823 Animal Control $ 201,023 -4.9% $ 191200 $ 191200 Fire $ 18.713,899 2.5% $ 19,180,394 $ 19,180394 Emergency Management $ 116,300 ~2.5% $ 113.430 $ 113,430 Public Safstv Total $ 46,999.188 ~1.0% $ 46,512,653 $ 46,512,663 Develooment-SuoDort $ 412.828 2.9% $ 424,665 $ 424 665 Buildinn $ 2,368,088 -17.9% $ 1.944,952 $ 1,944.952 Plannina & Zonina $ 99t ,450 4.6% $ 945,674 $ 945,674 Business Tax $ 297,936 2.1% $ 304.248 $ 304.248 Development Total $ 4.070.300 -11.1% $ 3.619.539 $ 3,619,539 Public WOrX$ Administration $ 296,412 0.8% $ 298.809 $ 298 809 Facilities Manaoement $ 2,009.496 ~3.3% $ 1.943,393 $ 1,943,393 Streets Maintenance $ 1 .175,287 5.8% $ t,106.907 $ 1,106.907 Enaineerina $ 937,154 -2.8% $ 911.146 $ 911.146 Forestry & Grounds $ t .824,643 -6.5% $ 1.705,836 $ 1,705.836 Public Works Total $ 6,242,992 -4.4% $ 6,966,091 $ 5,966,091 LibraN $ 2.600.620 -t.6% $ 2.558,70t $ 2,558701 Recreation $ 2,771,735 -4.2% $ 2.654 395 $ 2,654.395 Parks Maintenance $ 2,324.939 -1.9% $ 2,280.440 $ 2,280.440 Lehlure Services Total $ 7,697,294 -2.6% $ 7,493,636 $ 7,493,636 Total Recommended Expenditures $ 74,001,084 -2.8% $ 71,935,667 $ 71,935,667 Ex Projected Initial Surplus (DeficIt) at Alternate Tax Rates _______..__::JI::: 110,825,829)11 $ (7,924,829) I . -- ~.,_., ~ ~ ... -. "_...~~".,,, ~"""':l ('",.,...."1 R"t.. /I. 7 ,1000 Preliminary Rate (9-3) IA-Revenut:! ~.xp & Prelim Dellel' Exhibit B - CITY OF BOYNTON BEACH City Manager Recommendations to Balance the Budget Prior to July 14-15 Budget Workshop Pre-Workshop Options to Set Ad Valorem Tax Rate & Balance the Budget Based on 6-26-ll9 Final Taxable Val..... ModefiJ1 Model #3 Current Rate City Mgr Recom 6.4553 7.3000 Projected Initial Surplus (Deficit) at Alternate Tax Rates 1$ (10,825,829)1 $ (7,924,829)1 Added Transfers In From (Out to) Other Funds Appropriation (Reduction) of General Fund Balance $ 3,500,000 $ 3,500,000 Transfer from Fleet Fund $ 1,500,000 $ 1,500,000 Transfer from Capital Projects (Option A) Defer Boundless Playground $ 3,144,000 $ 3,144,000 Transfer from Capital Projects (Option B) Proceed with Boundless $ - $ - 1$1,200,000 reduced transfer recommended onlv with Model #4 - 7.7742 Rolled-Back Rate) Additional Transfer Solid Wasle Fund $ 1,500,000 $ 1,500,000 Transfer Out to Debt Service Fund for Police Station (1/2 Year in FY 2009-10\ $ {1,186,000 $ (1,186,000 Added RevenullS EMS Blllina Revenue Increase IUse af Collection ADencv\ $ 400,000 $ 400,000 Take Home Car Reimbursements $ 45,000 $ 45,000 Enerav Block Grant $ 75,000 $ 75,000 Library Fines (Average Annual Revenues) $ 30,000 $ 30,000 Reduced Exoendltures 2% Pay Cut Across Board - subject to CBA $ 775,923 $ - Reduce two holidavs (Presidenfs DavlXmas Eve)-OT cast reduced $ 95,000 $ 95,000 4-Day Work Week 5 150, 5 150,000 Mat Packeae Chanoe - end buvout of 4 dayS leave $ 172,000 $ 172,000 End Lonaevitv Proaram (General Fund share onlv- total is $117,000\ $ 72,500 $ 72,500 Telephone Aud~ $ 50,000 $ 50,000 Out of Slate Travel $ 10,000 $ 10,000 Position Vacancy Factor - General Fund $ 500,000 $ 500,000 PrODram Cuts StaflCuts pubiic Affairs Proaram - Cut 1 $ 134,000 $ - Buildina Department Cuts 1 $ 68,101 $ - Enaineerina Staffina Cuts 1 $ 75,000 $ - Custodial Service Outsourced 3 $ 202,678 $ - Animal Control to Caunty 3 $ 192,160 $ - Fire Prevention Proaram Cutback 1 $ 55,000 $ - Code Compliance Cutback 1 $ 55,000 $ - Librarv Proaram Cutbacks 2.3 $ 67,868 $ - Recreation ProaramlFacilitv Cutbacks 2 $ 106,644 $ - Stop Head Start Subsidy - $ 28,000 $ - StoP Children's Museum Subsidv 1/2 vear 1.5 $ 112,000 $ - Shopper Hopper/After School Transportation 5 $ 250,000 $ - Prolectad Surnlus (Deficlt\ at Alternate Tax Rates $ 1 352,246 $ 2,130671 Add Back 15 Police Officers ~ Grant Awarded 15 $ (1,200,000 $ 1,200,000 COPS Grant $ 1,100,000 $ 1,100,000 Add Six Addmonal Fire Fighters - Full Coverage Station 5 $ - $ (348,697 Prolected Sumlus (DeflClt\ at Alternate Tax Rates wI COPS Grant 37 $ 1,252,246 $ 1 681 974 G:\Budget 2009~201 0\3 Budget Options @ 6.4553 Current Rate $. 7.3000 Preliminary Rate (9-3)B-Pre Workshop Options Exhibit C . I CITY OF BOYNTON BEACH Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates Workshop & 7/21/09 Commission Meeting Options to Set Ad Valorem Tax Rate & Balance the Budget on ua ... Model #1 Modal #3 I Modo! 06 WIth 7121109 CommlsaJon *-ling Current Rate City Mgr Reeam I Comm. Wori(ahop 6.4563 7.3000 7.3000 Projected Initial Surplus (Deficit) at Alternate Tax Rates 1$ (10,825.829)1 $ (7,924,829) I $ (7.924,82911 Add Ti'ansfers In From Other Funds Transfer from AnoroDriation Reduction\ of General Fund Balance $ 3.500,000 $ 3500.000 $ 3.500.000 Transfer from Fleet Fund $ 1,500000 $ 1,500.000 $ 1,500 000 Transfer from CaDital Prolects (ODtion A Defer Boundless Plavnround $ 3.144.000 $ 3 144.000 $ 3.144,000 Transfer from Solid Waste Fund-Additional Transfer Increased to $2,430,000) $ 1,500,000 $ 1,500.000 $ 1,500000 Transfer from Fire Assessment Fund-ilncreased to $3,798,006\ Workshon Addition $ 339,698 $ 339.698 $ 339.698 Less Transfers Out to ou.er funds Transfer Out to Debt Service Fund for Police Station fEst 112 Year in FY 2009-10' $ 1.188.000 $ (1,188,000 $ (1.188.000 Added Revenues EMS Blllino Revenue Increase (Use of Collection Aoenev) $ 400.000 $ 400 000 $ 400.000 Take Home Car Reimbursements $ 45.000 $ 45.000 $ 45,000 Enerav Block Grant $ 75,000 $ 75,000 $ 75.000 Librarv Fines tAveraae Annual Revenues $ 30.000 $ 30.000 $ 30,000 Leu IInc_.eell ExDendltu_ that wllIlnc...... DefIcit Add 6 Fire Fiahters. - Station.5 - Covered Bv Fire Assessment Worksho Addition $ 1340,626 $ 1340.626 $ (340.626 Add Reduced _10 Dee_ DefIcit 2% Pav Cut Across Board - subi.ct to CBA $ 775923 $ - $ - MedicaJ. DentaJ & ViSion Savinas Adiusted from Oriainal Estimate Workshoo Reduction $ 380,2t5 $ 380.215 $ 380,215 Reduce two hollda s Presidenfs DavlXmas Eve -OT reduction $ 95.000 $ 95.000 $ 95.000 4-Dav Work Week - utilities & Vehide Maintenance $ 150 000 $ 150.000 $ 150 000 Manaaement-Packaae-Chanae --End bUlIoUfOf-4 daYS leave $ 172,000 $ 172,000 $ 172,000 other Reductions-Commission ROdriguez Reduced @ 25% Workshon Reduction Business Meetfnas $ $ - $ 20 822 Publications Workshoo Reduction $ - $ - $ 12.986 Membeml\ips WOrksho-n Reduction $ - $ - $ 20,874 Eliminate Deferred Comoensation /BJ 100% Workshe;;- Reduction $ - $ - $ 123.000 End Lonoevitv Prnoram lGeneral Fund share onlv - Total is $117.000 $ 72.500 $ 72.500 $ 72,500 Teleobone.Audit $ 50.000 $ 50 000 $ 50,000 Out of State Travel $ 10.000 $ 10.000 $ 10.000 Change C. Manaoer Admin Secretarv to .50 FTE Workshon Reduction $ 17.025 $ 17.025 $ 17.025 Chance Dave ODment Office Assistant to .50FiE Workshon Reduction $ 13.703 $ 13.703 $ 13.703 Delete BOB NalJonal Sit. Consuttan! Worksho Reduction $ 1.000 $ t.OOO $ t,OOO Position Vacan Factor - General Fund Onlv $ 500,000 $ 500.000 $ 500,000 Delete 8 Vacant Positions Electrician - Public Works Shared 50% with Utilities 7/21/09 Reduction $ 39,550 $ 39,550 $ 39.550 Sr. Crew Worker ~ Public Works 712tl09 Reduction $ 37.932 $ 37,932 $ 37,932 Sr. Crew Womer - Public Works 7/21/09 Reduction $ 37.932 $ 37,932 $ 37.932 Parks Maintenance Worker - Recreation 7/21/09 Reduction $ 35,921 $ 35.921 $ 35.921 Custodian - Public WOTks 7/21/09 Reduction $ 3t.899 $ 3t,899 $ 3t.899 Fire Insoedor - Fire 7121/09 Reduction $ 58,042 $ 58,042 $ 58.042 LibrarvTech Snecialist - Librarv Shared with ITS 7/21/09 Reduction $ - $ - $ 5t.300 Parks Maintenance Worker - Public Works 7121109 Reduction $ 35,921 $ 35,921 $ 35,921 proaram & Resulting Staff Cuts (Filled Positions) Public Affairs Proaram - Cut $ 134,000 $ - $ ~ Bulldina DeDartment Cuts $ 68.101 $ ~ $ - Engineering Staffing Cuts $ 75,000 $ - $ Custodial SeNies Outsourced $ 202,678 $ ~ $ - Animal Control to County $ t92.160 $ ~ $ - Fire Prevention prnoram Cutback $ 55,000 $ ~ $ ~ Code Comoliance Cutback $ 55.000 $ - $ Librarv Proaram Cutbacks $ 67.868 $ - $ ~ Recreation ProaramlFacilitv Cutbacks $ 106.844 $ ~ $ - SloP H.ad Start Subsldv $ 28,000 $ - $ - Stop Children's Museum Subsidv 1/2 vear $ 112.000 $ - $ Shopper Hopper / After School Transportation $ 250.000 $ $ ~ Proj.cted Surplus (Deficit} at Altsmate Tax Rates $ 2,040,458 $ 2,818,883 $ 3,047,865 I Add Back 15 Police Officers $ (t .200,000 $ (1.200.000 $ 11 ,2oo.0001. COPS Grant ~ $ 1.100,000 $ t,100 000 $ 1,100.000 Projected Surplus (Deficit) $ 1,940,458 $ 2.718 883 $ 2947,865 . CITY OF BOYNTON BEACH Pro.ected Initial Surplus Deficit) at Current & Altemate Tax Rates Recent Options (Cumulative) to Set Ad Valorem Tax Rate & Balence the Bud et Projected Initial Surplus (Deficit) at Altemate Tax Rates [$ Add Tran8fera: In From other Funds Transfer from ADoroori.tlon Reduction of General Fund Balance Transfer from Fleet Fund Tranafer from Pro' 0 'on A Defer Boundless Plavaround Transfer from Solid Wa_ Fund-Additional Transfer (Increased to $2 430 000 Transfer from Fire Assmt FlJjVi:ijncreased to $3,796 000 Leas Transfers Out to Other Funds Transfer Out to Debt Service Fund for Police Station Est. 1/2 Year in FY 2009-101 Added Revenun EMS BilliM Revenue Increase Use of Collection Agencv) Take Home Car Reimbursements Ene Block Grant Libra Fines fAverBoe Annual Revenues COPS Grant (For 8 Police Officers for 3 rs Less Reduced Revenues thll'l win Incraaee Deftclt State Shared Revenues In. '"creaed dlbJrea tha1t wllllnc,.... Deficit Add Back 8 Police OfficerS (Induded in COPS Grant Ad a 7 oiCe cars ot n ud In l'limt) Add 6 Fire F' htera - Station 5 ~ Cover8d By Fire Assessment Add educed Ilu... to 0-..... Deftcft 2% Pa Cut Aa'oss Board - au to eBA Med~I_ Dental & Vision Savin s~ted from O' inal Estimate Reduce lWO halide Pruident's~JXm8S Evel-OT reductiOn 4-Oa WOl1<. Week. # Utilitie8 & Vehide Maintenance Mana ment P e C~ End of 4 leave Other Reductions-Commisslon Rodriouez Reduced 25% Business Meetin s Public:ations Membershi Eliminate Deferred Comoensation t'l'b 100% End Lonaevltv P ram General Fund share 00 - Total is $111,000\ TeIeohone Audit OUt of Travel ~C er Admin SecretSrV to .50 FTE ~ Develooment Office Assistant to .50FTE Delete BOB National Site Consultant Position Vaca Factor. General Fund OnlY Delete 10 Vscant Positions 2 AddAdl Electrician. PublIc WoI1<s Shared 50% with Utilities Sr. Crew Worker - Public Worn Sr. Crew Worker - Public Works Parks Maintenance Worker - Recreation Custodian - Public Works CuS"l.odian - Public Works Fire I - Fire LibralV Tech SoecIaliSt - Lib Shared with ITS Parks Msimenance Worker - Public Works Commun Service Officer p ram & Resulti staff Cuts 121 Filled Positions Public Affairs proore.m - Cut Buildine Deaartment Cuts Enaineenn Sta1'fI Cuts Custodial Service OUfseurced Animal Centrol to CouriiV Fire Prevention pmcram Cutback: Code ComDlianCe Cutback. Ubrarv prooram Cutbacks Recreation P ram/Facir Cutbacks 510 Head Start Subsid Children's Museum SubsIdY -112 year S/lOpper Hopper I After School Transportation 1.5 Yrs AvaUabU' $ 1 Yr Availabm $ 2 Yrs Availabilitv $ 1 YrAvailabilitv $ Annual AvailabilitY $ $2.4 M Thereafter $ $ $ $ $ Added $ Added $ Added $ Note 1 ,$ $ $ $ $ Note 2) $ $ $ $ $ $ $ $ $ $ $ $ Note 3) $ $ $ $ $ $ Added $ $ $ $ Added $ on Exhibit 0 c...... ..... 6.4663 Mod.1 tII3 ModellN wtth 7121109 Camilli_Ion MHting City Mar Recom I Comm. Workshop 7.3000 7.3000 Mod.' #1 (10.825,829)1 $ 3500,000 $ 1500000 $ 3 144 000 $ 1,500000 $ 339 698 $ 1,188,000 $ 400 000 $ 45 000 $ 75 000 $ 30 000 $ 617 000 $ 200 000 $ 1554 000 $ 522 000 340 625 $ 775 923 $ 380215 $ 95 000 $ 140000 $ 172000 $ $ $ $ $ 72,500 $ 50 000 $ 10000 $ 17025 $ 13,703 $ 1000 $ 250000 $ 39 550 $ 37,932 $ 37 932 $ 35 921 $ 31 899 $ 31 699 $ 56 042 $ $ 35,921 $ 47,920 S $ $ $ $ $ $ $ $ $ $ $ $ 134000 $ 68101 $ 75 000 $ 202 678 $ 19216Q $ 55 000 $ 55,000 $ 61868 $ 106 B44 $ 28,000 $ 112,000 $ 250,000 $ (7,924,82911 $ 3 500 000 $ 1 SOO 000 $ 3144,000 $ 1 500 000 $ 339,898 $ (1188,000 $ 400 000 $ 45 000 $ 75 000 $ 30,000 $ 617 000 $ 7200,000 $ (554 000 $ 522 000 (340 626 $ $ 380215 .. 95 000 $ 140 000 $ 172 000 $ $ $ $ $ 72 500 $ 50 000 $ 10000 $ 17025 $ 13703 $ 1000 $ 250 000 $ 39 550 $ 37932 $ 37,932 $ 35 921 $ 31-899 $ 31,899 $ 56.042 $ $ 35 921 $ 47,920 $ {1.924.829ll 3500,000 1 500 000 3144000 1,500000 339898 1,188000 400 000 45000 75 000 30,000 617,000 zoo 000 554 000 5220 (340628 380 15 95 000 140000 172,000 20 822 12986 20874 123000 72 500 50 000 10000 17 025 13,703 1,000 250000 39 550 37 932 37 932 35921 31899 31899 58,042 51300 35921 47,920 $ $ $ $ $ $ $ $ $ $ $ $ Projected Surplus (DefIcit) at Alternate Tax Rates 1$ 1,201.217 $ 1,979.702 $ 2,208,684 Less Contlngenc:y (2/10 Mill ... Sn2,ooo) Note(" $ (772,000) $ (772.000) $ (772.000) Prolected Sumlus fOeftc After Aflowtn for Contin encv $ 429217 $ 1 207 702 $ 1 436 684 N 1 e m I Note f2l Amount 'NUl dec...... bv aooroxhnatelv S10 000 bY continufna with Crtv custodialataft '#S. contracted services Note f3l Reduced from 1600.000 due to added vacant DOSlUone elkninated Note 4 At I I e 10mlllc n nk as n O( 0 fu G:\Budget 2009-201 0\3 Budget Options @ 6.4553 Current Rate & 7,3000 Preliminary Rate (Q..3}D-Post Workshop OptiOns u on. Exhibit E . CITY OF BOYNTON BEACH Projected Initial Surplus (Deficit) at Current & Preliminary Tax Rates Budget Adjustments Considered to Date to Set Ad Valorem Tax Rate & Balance the Bud et on ... Model #1 _'~ I Modelt16 WIth /21109 Commllaion Meeting Current Rate CIly tAgr Recom I Comm. WorkshOp 6.4663 7.3000 7.300tl Projected Initial Surplus (DeficIt) at Alternate Tax Rates 1$ (10,825,829)1 $ (7,924,829)1 $ (7,924,829) Projected Surplus (Deficit) at Alternate Tax Rates wi COPS Grant I IExhibtt B) '$ 1,252,246 $ t,881,974 $ 1,681,974 After Totallnftial Recommendations Prior to the Julv 14-15 Commission Workshop I Comml-j"n worksh"'" & 7'''1109 Commission MAAtinn P--nti""l A..llu..tments Add Transfers In From Other Funds Transfer from Fire Assessment Fund for 6 Firefiahters WorkShoD Addition $ 339 698 $ 339 698 $ 339,698 Less f1ncrease~dltures that wllllncreaae DefICIt Add 6 Firefi hters - Station 5 - Covered Bv Fire Assessment WOrkShOD Addition $ (340 626 $ {340626 $ 340826 Add Reduced Ex...ndllu.... to Dee..... Deficit Medical Dental & Vision Savinas Adiusted from OM inal Estimate Warkshoo Reduction $ 380215 $ 380 215 $ 380215 Redudions ~ Commissioner Rodriauez Business Meetin s 7/21/09 Reduction $ - $ - $ 20 822 Publications 7121109 Reduction $ - $ - $ 12986 Membershins 7/21109 Reduction $ - $ - $ 20874 EliminatE! Defatted Comoensation IBl. 100% 7121109 Reduction $ - $ - $ 123 000 Chana. C; Mananer Admin secretarv to .50 FTE Workshoo Reduction $ 17 025 $ t7 025 $ 17025 Chanae Develo ent Office Assistant to .50FTE Workshon Reduction $ 13703 $ 13703 $ 13703 Delete BOB National Site Consultant Worksh Reduction $ 1000 $ 1000 $ 1000 Delete Vacant Positions-ProDOBed bv Commissioner RNfrlnuez Electrician - Public Works Shared 50% with Utilities 712t/09 Reduction $ 39 550 $ 39 550 $ 39550 Sr. Crew Worker - Public Works 7/21109 Reduction $ 37 932 $ 37 932 $ 37 932 Sr. Crew Worker - Public Works 7/21109 Reduction $ 37 932 $ 37932 $ 379?" Parks Maintenance Worker ~ Recreation 7/21109 Reduction $ 35921 $ 35921 $ 35 f Custodian. Public Works 7/21109 Reduction $ 31899 $ 31899 $ 318l:.. Fire In~r~ Fire 7/21/09 Reduction $ 58 042 $ 58 042 $ 58 042 Libra Tech g;::;;cialist - Ubrarv Shared with ITS 7/21109 Reduction $ - $ - $ 51300 Parks Maintenance Worker ~ Public Works 7121109 Reduction $ 35,92t $ 35.921 $ 35,921 Projected Surplus (DefIcit) at Alternate Tax Rates I Exhibtt C $ 1,940,458 $ 2,370,186 $ 2,599,168 City Manaaer Recommended Adiustments After Commission WorkshoD & 7/21/09 Commission Meetina Added Revenues COP GrantfF:or 8 I='olice Officers} $ 617 000 $ 617 000 $ 617,000 LesS Reduced Revenu88 that willlnCreBSli! Deficit State Shared Revenues $ 1200 000 $ 200 000 $ (200,000 L.... Increased\ EltDlmdltures that will Increase Deficit Add Back 8 Police Officers (Included in COPS Grant $ 554 000 $ 1554 000 $ 7554 000 Add Back 7 Police Officers (Not Included in COPS Grant) Note (1 $ 1522 000 $ 522 000 $ 7522 000 Add Reduced Ex nditures to Decrease Deficit 4-Dav Work Week. Utilities & Vehlde Maintenance Note (2) $ (10000 $ (10000 $ 10000 Position Vacanr:v Factor Note (3 $ 250 000 $ (250 000 $ 1250 000 Delete Vacant Positions Custodian ~ Pubtic Works $ 31899 $ 31899 $ 31899 COmmunitv Service Officer $ 47.920 $ 47920 $ 47,920 Eliminate Prior Ruerves PendinQ Resolution Addressed Above\ Add Back. 15 Police Officers $ 1,200 000 $ t 200 000 $ 1,200 000 COPS Grant $ 1 100000 $ (1,100 000 $ 11100000 Add Six Additional Firefi hte~ - Full Coveraae. Station 5 $ - $ 348 697 $ 348 697 Current Prnlected Sumlus fOeficlt\ at Alternate Tax Rates $ 1 201 217 $ 1,979702 $ 2 208 684 L.ess Contingem:y {2110 Mill = $772,000) Note (4\ $ (172,000) S (172,000) $ (772,000) Proiected Surolus fDeficit\ After Allowlnn for Continnencv I Exh(btt 0 S 429,277 $ 1,207,702 $ 1,436,684 Alternate Tax Rates I 6.4553 I 7.3000 I 7.3000 Tax Rate 1m ct of Eliminatina Prolected Surolus fDeflcitl After AUowina for Continaencv T ~0.1113 I -0.3131 r -0.3725 Resultlnn Tax Rate r 6.3440 r 6.9869 6.9275 Note (1) Reinstatement of 8 poJjce offir-.ers not covered bv the COPS orant needs aooroval Note (21 Amount will decrease bv aDDroximatelv $10 000 bv continuino with City custodial staff vs. contracted services Note (3) Reduced from $500 000 due to added vacant oositions eliminated Note (4) At this ooint. the 2110 mill continoencv reoresents unknowns such as added ooer.atino or caoital reouests or further revenue reductions. Exhibit F - CITY OF BOYNTON BEACH I Recommended CIP $ Available for Transfer to General Fund I I I Potential Increased Debt Service Reducing Public Service Tax Available for Transfer to General Fund Recommended Reduction From Planned Project FY 2009-2010 CIP Budget Deferral or Deletion I Amount General CitY Hall BBTV Upgrades Deferred After 2010-11 $ 110,000 City Hall Fire Alann UDarade Deferred After 2010-11 $ 250,000 MunicIDal Building Energy Deferred After 2010-11 $ 200,000 Conaress Middle School - LandscaDina Deleted $ 143,000 Old Hiah School Demolition Deleted $ 625,000 Parks & Recreation Green/BIkewaY-Land Purchase Deferred After 2010-11 $ 400,000 Boundless Plavaround, Net of $500,000 Exoended Deferred to FY 2010-11 $ 2,400,000 Hester Center LandscaDina Deferred After 2010-11 $ 50,000 Oceanfront-Automated Parking System Deferred After 2010-11 $ 300,000 Tran ,noriatlon W ina-Signage' - Deferred After 201 0-11 $ 140,000 Ocean Avenue Streetscaoe Deferred After 2010-11 $ 90,000 Ocean 95 South Access Route Deleted $ 1,500,000 Sidewalks-Gateway/FEC tracks Deferred After 2010-11 $ 250,000 Total CIP Funds Recommended for Transfer $ 6,458,000 Annual Transfer Recommended From CIP Fund to General Fund IFY 2009-10 Transfer IFY 2010-11 Transfer I $ 3,114,000 I I $ 3,344,000 I Debt Service for Police DeDt Buildina Assume $30.000.000 lli! 9% Total (Principal & Interest! Annual Debt Service italized interest ITotal Debt Service (1-1/2 Years) for Transfer to Debt Service Fund $ (3,888,000)1 Exhibit G fit CITY OF BOYNTON BEACH FY 2009-2010 Budget Summary 2008-2009 2009-2010 Adopted Proposed % Change Amount Amount Prooosed Budae!: Total All Funds $ 167,992.740 $ 142,643,001 -151% Ma'or Ooeratino Funds (Public Services): General Fund ISee Belowl $ 74,001,084 $ 71_935,667 -2.8% Utility Fund $ 35,443,618 $ 33,055,253 -6.7% Solid Waste Fund $ 9,437,308 $ 8,509,564 -9.8% Ca itallmorovements General CIP Fund $ 12,900,300 $ 2,845,500 -78.1 % Fire Assessment Fund $ 9,449,034 $ 3,957,838 -58.1% Where the General Fund monevaoes: Public Safetv: Police $ 24,321,550 $ 23,744,483 -2.4% Fire $ 18,713,899 $ 19,180,394 2.5% Other $ 3,963,739 $ 3,587,776 -9.5% $ 46,999,188 $ 46,512,653 -1.0% Leisure Services: I Recreation & Parks $ 5,096,674 $ 4,934,835 -3.2% Librarv $ 2,600,620 $ 2,558,701 -1.6% $ 7,697,294 $ 7,493,536 -2.6% Public Works $ 6,242,992 $ 5,966,091 -4.4% General Government $ 8,991,310 $ 8,343,848 -7.2% Development $ 4,070,300 $ 3,619,539 -11.1% ITotal General Fund $ 74,001,084 $ 71,935,667 -2.8% Chances: Basic services retained. CM recommends emplovee pay freeze for 2009-201 O. 10 unfilled positions not recommended for 2009-2010. Utility rates cut bv 7% Property Taxes: Tax Rates General Fund 6.4553 7.3000 13.1% Bond Fund (G.O. Bonds paid off) 0.0250 0.0000 -100.0% Total Tax Rate 6.4803 7.3000 12.6% Tax Amounts General Fund General Fund 7.3000 6.4553 $ 35,013,460 $ 32,755,348 $ 35,013,460 $ 29,322,000 -6.4% -16.3% To keep the millage rate at 6.4553, the property tax ravenues will be reduced from $35,013,460 to $29322,000; a 16.3% revenue reduction of $5,691,460. A.UG, 31. 2009 3: 56PM R.v....,.,;va BftI1'd lohnKwnjla1l PBSO ~.., !lmeot W. 0e0Ip aolirod-WPBPD ~CIIIIW ~"'r RIWtd MI:A!ee PlISO '-'c..PIOlilllmt Lou PelIquc WPIIPD n-o,.". Vincoat Clay PoIro,y Jlollllt I'D ~ Rnborl 0d0II Palm JlOIdI GmlaII'D S".-aM_ NO. 691 P. PALM aEACH COUNTY pOLIce BENEVOLENT ASSOCIATION, INC. 2100N. FklClclUf&qo RoIId' _Palm BcocII. PL3~' (561)689-3'74" (561) 6B7.()U4P1x www.p.opbo "'& August 31, 2009 Sent by FacsImIle: (561) 742-6011 And ReGular U." -.U Kurt Bresaner. City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florid. 33436 Re: City of Boynton Beach and PBA ("WageJra'le of pay" R80peners) Dear Mr. Bressner: As you know I this organiZation 18 the S1laI8 certified exclusive collective bargaining representative for v1rtu&Uy aU of the swom law enforcement pel'8Onnel In your Police Department; subject of three (3) separate Agreements with the CIty (for polloe offtaer$ and detectives, sergeants, and for lieutenants, respedlvely). As you know, also, pursuant to ldentlDIII provisions In each Agreement. ltIe City reopened for negotiations "the wage/rate of pey" artloles In .11 3 Agreements. Notwithstanding the relatlveIy abbreviated window for "negotiations" "bUshed by each of the 3 Identical provisions, !hie office agreed wlth Chief Immlet to an extension of time In order to more fully explore the pTO$peots for II negotfeted resolution. The expanded tlmeframe for negotllltlons, however, cannot expand the narrow BCope of said negotIations, Therel'ore, the City's proposed reducllon In the number of vacation days, among other things, Is beyond those metlBr& spec/llcally identified as "reopened for negotltrtlOll8," Consistent with our commitment to the Agreements, the PBA ia ready and willing to work cooperatively wfth the City In these dlft1cult times. Accotdlngly, the PBA will accept the pay freeze aOl'O$l-the-board proposed by the City, and cf'1$CO..ed at the out8et of negotlllllon.; albeit, for six (8) monthe, until April 1, 2010. By delaying any Increase to "wage/rate of pay" for all 3 bargaining unllB membenl, the City will aave nearly $400,000. Said savlngs, together with the federal grant monies for pollee nlllriee, deferred completion of tne new Pollee facility, and the increased millage rete, ehould permit reanimation of the Parties' The lbice of Palm Beach Cowtly:' Law Eliforr:em'''t AUG. 31. 2009 3:56PM NO. 691 P 2 , negotiated pey plans after the 6 month" to their April 1, 2010 levels. Thereafter, the Parties will be In position to convene collective bargaining negotiations toward8 8UCC8880r Agreements. To the extent tI1st any tent8lIve Agreemenla to the aforementioned pay "freezes. will requll. ratification votes by each bargaining unit and the City Commle8lon, further de. 8re In neither Party's Inte....t Accordingly, we reqUtl8t your consideration of the foregoing offer at the earliest possible convenience. Should you have any question. or concamll about the PBA's proposal, pIeese do not hesltete to can me. GUM! Cc: John KazanJian, PNtldent Matthew Immler, Chief of PoIiGe Toby Athol, PBA Rap Fran\( Renzi., PBA Rep Kelly Harrle. PBA Rep Craig Anthony, PBA Rap V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 09/18/09 Last Name First 1st Choice 2na Choice 3ra Choice Name Anton Steve Arts Com Farrington John Veterans Commission McVey Jack Recreation & (See NOTE) Parks *Scantlan Don Veterans Commission * Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises. ALTERNATES: Arts Commission Dana Cook Appointed 12/16/08 Donn Davenport Appointed 12/16/09 Community Relations Board Lloyd McKoy Appointed 12/18/08 Recreation 8. Parks Board Corey Cook Appointed 3/17/09 Thomas Gresh Appointed 7/7/09 NOTE: Jack McVey was terminated from Rec. & Parks Board for absences and has re-applied. S:\CC\WP\BOARDS\APPMENTS\Board Year 2009\Appllcants Eligible for Appointment 09-18-09.doc VI.-CONSENT AGENDA ITEM A.1 MINUTES OF THE CITY COMMISSION MEmNG HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, SEPTEMBER 1, 2009 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Jose Rodriguez, Commissioner Marlene Ross, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Jose Rodriguez Mayor Taylor called the meeting to order at 6:31 p.m. Vice Mayor Hay gave the invocation and the Pledge of Allegiance to the Flag was led by Commissioner Jose Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Weiland inquired if the Commission would be interested in discussing the COP grant awarded and the fact it was not shared with the Community Redevelopment Agency (CRA). He understood the criteria for the grant included Community Oriented Policing (COP) which was the program within the CRA area. He recalled the CRA police force was an unfunded mandate and hoped some portion of the grant could be awarded to CRA. Mayor Taylor declared there was consensus to discuss the matter under New Business. 2. Adoption Commissioner Rodriguez moved to accept the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Commissioner Ross announced the passing of Gene Cericola, President of the Community Caring Center. Mr. Cericola was very dedicated to the Center, his church and the homeless. He would be greatly missed by the entire community. Commissioner Ross commented on her tour of the Emergency Operation Center at Fire Station #5. She was proud of the City for having acquired such a beautiful facility with a mural painted by Dana DoNaty and a design by Ray Altman, Fire Division Chief, that includes an original piece from 9/11. She encouraged everyone to visit the facility when it opens to the public. Mayor Taylor agreed and noted the project came in under budget. Commissioner Rodriguez talked briefly regarding the recent receipt of TRIM notices and his suggestion to eliminate vacant positions, reducing training and membership fees and deferring some of the executive compensation package. He hoped there could be some resolution to not raise the taxes. The community was struggling and the leaders had an obligation to reduce the burden. Commissioner Weiland reconsidered his request to discuss the COP grant and suggested it be heard in conjunction with the budget. Mayor Taylor agreed it could be discussed with the budget. Attorney Cherof stressed the budget was only a report by the City Manager and not action by the Commission. Commissioner Rodriguez felt the Commission could take action on any of the budget items as it was discussed. Attorney Cherof advised any action should be done as part of the budget hearings and any action taken at this time would be non-binding. The final decision should be made after hearing from the public at both public hearings. Commissioner Ross added to the record a copy of the letter sent by Beacon Property Management to the Meadows Homeowners Association members. After the budget hearings, she wanted to have discussions with the homeowners to try to resolve the issue. Vice Mayor Hay announced he had met with the new County Commissioner, Priscilla Taylor. She was looking forward to working with the City of Boynton Beach. Mayor Taylor announced the City Services Institute for residents to learn about their City. It is a 9 week course that meets once a week and commences on September 21, 2009. The participants meet with each department and learn their responsibilities. There is a $25 fee that includes a graduation celebration. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 C. Presentations: 1. Proclamations None 2. Presentations: None IV. PUBUC 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} John McGovern, 2620 Spiceberry Lane, agreed more work needed to be done on the budget for everyone's benefit. He announced the Boynton Senior Center was given a national award for excellence in developrnent and promotion of senior centers. Mr. McGovern reported that Palm Beach County lost a $120 million grant from the Gates Foundation to the School District. The problem was the County failed to report truthfully the graduation completion rate of students in Palm Beach County. Mr. McGovern submitted a letter he had sent to the school board which had gotten no response. He contended there was a loss of local control of public education. There are three different school board zones in the Greater Boynton Beach area that contributes to the malaise and loss of control. Galaxy Elementary School is one of two schools in Palm Beach County that will benefit from the Box Tops for Education program. Mr. McGovern encouraged the City to promote the program for the benefit of Galaxy Elementary. He also clarified previous remarks he had made regarding the Old High School that it should be turned over to an existing advisory board rather than the Cultural Council or other existing entity . Brian Edwards, 629 NE 9th Avenue, emphasized the upcoming fundraiser on September 11, 2009 for the Children's Schoolhouse Museum and the refurbishment plans. The monies spent for the refurbishment would be presented in a report. He reiterated that a partnership with the City would be necessary for the Old High School and the creation of another 501( c)(3) was not necessary. Kristen Puhalainen, Palm Beach County League of Cities, encouraged the use of the website, Facebook and Twitter, and encourage attendance at the next meeting to be held in Lake Worth. A golf tournament would be October 9, 2009 to raise monies for scholarships pursuing public service education. No one else coming forward, Mayor Taylor closed the publiC audience. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 V. ADMINISTRATIVE: A. Accept the resignation of Belky Cruz as a regular member of the Community Relations Board. Motion Commissioner Weiland moved to accept. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Taylor thanked Ms. Cruz for her service. B. Appointments Appointment Length of Term To Be Made Board Expiration Date IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3) Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2) I Weiland Cemetery Board Alt 1 yr term to 12/09 Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 2) II Hay Code Compliance Board Alt 1 yr term to 12/09 III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3) II Hay Education & Youth Advisory Board Stu NfV 1 yr term to 12/09 (Tabled 3) III Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 3) II Hay Library Board Alt 1 yr term to 12/09 (Tabled 2) I Weiland Library Board Alt 1 yr term to 12/09 (Tabled 3) III Rodriguez Planning & Development Bd. Alt 1 yr term to 12/09 (Tabled 2) Motion Commissioner Ross moved to table all the appointments. Commissioner Weiland seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 A. Minutes 1. Budget Workshop - July 14, 2009 2. Budget Workshop - July 15, 2009 3. Budget Workshop - July 16, 2009 4. Regular City Commission - August 18, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award "MICROSURFACING THIRTY-FOUR (34) STREETS IN BOYNTON BEACH" Bid #057-2413-09/0D to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, FL with a total expenditure of $377,136.24. 2. Approve a contract renewal with Arbor Tree & Land, Inc. D/B/A ATL Disaster Recovery for a period from September 1, 2009 through August 31, 2011 to be utilized on an "AS NEEDED BASIS". (Proposed Resolution No. R09-125) 3. Approve the purchase of 21 sets of Firefighter Personal Protective Gear at $1,722.50 each, utilizing State contract #490-000-07-1 through Fisher Scientific of Suwanee, GA with the total purchase price of $36,172.50 to replace old, non-serviceable gear that no longer meets NFPA Standards. C. Resolutions 1. Proposed Resolution No. R09-126 RE: Approving assessment of the cost of nuisance abatement on properties within the City of Boynton Beach. 2. Proposed Resolution No. R09-127 RE: Approving and authorizing execution of Modification No. 3 to Subgrant Agreement with the State Division of Emergency Management to accept a Hazard Mitigation Grant for a maximum amount of $345,084 and award a sole source construction contract to SpeCified Architectural Systems, Inc. in the total amount of $297,265 that includes a 10% construction contingency and five year warranty. D. Approve the "IMAGINE CHARTER SCHOOL AT BOYNTON BEACH" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). E. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the ten months ended July 31, 2009. (83% of the Fiscal Year) 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Motion Vice Mayor Hay moved to approve the Consent Agenda. Commissioner Ross seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Recreational Surface Water Policies {CPTA 09-001} Text Amendments to Comprehensive Plan Agent: City-initiated Description: Request to amend Policy 1.3.1 of the Future Land Use Element, to add four policies to the Coastal Management Element, and to add a policy to the Intergovernmental Coordination Element in support of marine-oriented and water-dependent uses for economic development and natural resource protection. (1st Reading Proposed Ordinance No. 09-042) Hanna Matras, Senior Planner, reviewed the request for large scale amendments to the Comprehensive Plan. If approved, the amendment would be sent to the Department of Community Affairs for State review. The request is exempted from the twice per year limit on the Comp Plan amendments. The Statutes encourage coastal local governments to include in their Comp Plan a Coastal Management Element, Recreation Surface Water Policies that balance natural resource protection, particularly Manatee protection with recreation and economic demands. All coastal governments are to include poliCies preserving recreation and commercial waterfronts. The proposed amendment would bring the City into compliance with all the requirements. It allows for marine-oriented and water-dependent uses to other allowed non- residential users in special high density category in conjunction with the Palm Beach County Manatee Protection Plan only. The other language limits the siting of any new proposed facility to the area designated as preferred. The Planning and Development Board suggested additional language pertaining to the land use compatibility, with the specific provisions for protection of the residential neighborhoods from the nuisance impact of marine users to be addressed in the Code review for the applicable zoning districts. Staff also proposed language that would prevent any expansion of the preferred designation by the County to automatically apply to the policy in the City Comp Plan. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 The four policies added were the adoption of the Manatee Protection by reference, natural resource protection, committing the City to preserve the two existing recreational and commercial waterfronts and recreation and economic demands. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 09-042 by title only on first reading. He also announced there was a citizen courtesy information form to provide your name and address to receive notification of the notice of intent to be issued by the Florida Department of Community Affairs. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. IX. CITY MANAGER'S REPORT: A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,500/501(C)(3) Discussion.(Proposed Resolution No. R09-073) (Tabled to Budget Workshop) Motion Vice Mayor Hay moved to remove from the table. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Lori LeVerriere, Assistant City Manager, reviewed the history of the Barrier Free Playground project. Staff's recommendation was to consider a deferral for one year based on the fact two of the three grants, totaling $485,000, may be able to be utilized a year from now. The FRDAP grant award for $135,000 would be lost. Other funding sources may be found in the interim. A steering committee was being organized for the new foundation. Kim Hansen, from the Arc of Palm Beach County, spoke to the Visionary quality of the proposed project. She pointed out there are 175,000 residents of Palm Beach County who live with a disability every day. 15.9% of the school population has a form of special need. The disabilities vary and the planned park would stimulate every possibility of sensory integration. Children and adults without disability can enjoy the park too. Ms. Hansen was present to 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 endorse and thank the City of Boynton Beach for seeing the importance of such a project. She offered the assistance of the Arc of Palm Beach County to move the project forward. Anne Baine, representing Oceangate General Contractor and the subcontractors, applauded the City for the design and innovations to create a sensory park that is truly barrier free. She was proud to participate in the project and address the environmental needs. Mayor Taylor surmised that everyone would like to bring the park to reality. However, financially it was not possible at this time and priorities had to be met first. He could not justify the $2 million expense at this time. Commissioner Ross clarified it was a deferral for one year. She expressed her hope that the project would move forward in the future and be a gem for the City. Commissioner Rodriguez agreed there was an obligation to help those less fortunate. It was not financially possible at this time and he agreed with a postponement for one year. Motion Vice Mayor Hay moved to defer for one year. Commissioner Ross seconded the motion. The motion passed unanimously. B. Continued Budget discussions for FY 2009-2010 Budget Mr. Bressner gave a status report on the budget. One of the main areas of indecision was the legal challenge to the red light cameras and the possible impact on any anticipated revenues. The amount of State revenues was also unsettled. The largest area of concern related to collective bargaining. Talks have been ongoing with the four unions and none were completed. The Police Benevolent Association (PBA) indicated they were not in favor of a salary freeze, but would consider a six month market adjustment freeze, but would anticipate the pay progression plan for the balance of the year. Discussions would continue. The police contract expires in September 2010 and the fire contract expires in September 2011. They did have reopeners in the contracts for salary discussions. The blue and white collar contracts expire September 30, 2009. Statutorily the Commission has the right to impose a portion of the contract. Attorney Cherof advised the Statute requires that the City Manager submit a budget that includes funding for existing collective bargaining unit agreements through their expiration. Mr. Bressner advised the IAFF had not responded. Discussion relating to the elimination of the longevity program and two holidays was denied by the PBA. The cost savings for the longevity program would be $24,000 and elimination of two holidays would save $95,000. Commissioner Rodriguez clarified that only the re-opened issue relating to salaries could go to the impasse process and ultimately the Commission could impose a decision on the bargaining unit for the balance of the fiscal year. Attorney Cherof advised the process requires a public hearing. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Commissioner Weiland was saddened there were roadblocks to the negotiations. He inquired about the amount of monies being deferred from salaries for retirement. He opined that a salary freeze was equitable if payments to deferred compensation funds can be made out of the current wages. Mr. Bressner stressed gross wages was the issue, not the net wages. Vice Mayor Hay expressed concern that the unions were not giving up the longevity pay and two holidays at the expense of other options that may need to be explored. Attorney Cherof noted the PBA contract provides after 45 days of re-opened negotiations, the negotiations are deemed at impasse and the matter moves on to the Commission for consideration, review and disposition. The discussion will merge with the two budget hearings. Mayor Taylor stressed that it appeared layoffs would not be necessary, nor would the 2% decrease in wages be necessary. He felt it was better to have a salary than lose a job. The Commission had been with the employees in the good times and hoped the employees would reciprocate during the hard times. Mr. Bressner pointed out the initial response was part of the collective bargaining process. Commissioner Weiland stressed concessions had been made and Vice Mayor Hay added the goal was to maintain jobs without layoffs. The question of whether the COP granted included the CRA police was discussed. Chief Immler replied the grant mentioned a total of 15 officers that may lose their jobs, 10 officers and five from the CRA. Any layoffs would be done according to the collective bargaining agreement by reverse seniority. The COP funds pay for eight police officers, being the last eight officers hired. The CRA would not be affected under those terms. The grant is awarded to pay police salaries and there are no other provisions. The total grant is $1.9 million over three years. Mayor Taylor recalled the grant was geared toward community policing programs and the five officers in the CRA police are totally devoted to that program. Some part of the grant funding should be given to the CRA. Mr. Bressner advised it could be a credit toward the amount currently being paid by the CRA to keep it separate. The officers hired by the CRA are not new officers, rather seasoned officers with experience in the community. Commissioner Weiland contended if it covers the salaries of 15 officers and five were CRA police, one-third of the funding should go to the CRA. The community policing program is the basis for the award of the funding. Commissioner Rodriguez suggested there was community policing throughout the City with the CRA area being one of the smaller regions. He contended the Police Chief should be allowed to manage the department as he sees fit. The CRA police force was not mandated by any authority . Chief Immler indicated the audits trace the funds through the department to salaries of the police officers. Any deviation would be contrary to grant requirements. Mayor Taylor suggested credit should be given to the CRA of $50,000 a year. Chief Immler reiterated the credit could not be attached to the actual COP funds. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Attorney Cherof explained that community policing is a recognized function provided by the CRA. It was an amendment that occurred while the current Board was in power to adopt amendments to the CRA plan. Commissioner Rodriguez questioned whether the CRA police personnel should be dedicated to the CRA area. Commissioner Ross pointed out all police report to the Chief. Community policing is done throughout the City with various teams. Mr. Bressner noted if the CRA police force were eliminated the funding would have to come from the General Fund. Commissioner Rodriguez alleged funding the police force was taking valuable resources from the budget for redevelopment. Vice Mayor Hay agreed with the Mayor that the CRA force has done a good job and the $50,000 would be well spent. The force is a supplement to the regular police force. There was consensus to budget the $50,000 per year to the CRA. Commissioner Ross commented the residents would be concerned about any change in the police coverage. Mr. Bressner stressed the five officers were not the only police presence in the Heart of Boynton and the CRA district. C. Approve recommendation for Historic Preservation Ad Hoc Committee Carisse Lejeune, Assistant to the City Manager, reviewed the past discussions relating to the Historic Preservation issue. Staff determined the beginning steps the ad hoc committee would need to undertake. Applications were not requested or members recruited. Several volunteers had came forward. Direction was needed whether other committee members should be sought or the volunteers be organized. Commissioner Weiland appreciated those who had volunteered, but there was a duty to publicize the creation of an ad hoc committee. Vice Mayor Hay agreed and did not feel the names submitted represented the entire community. Commissioner Rodriguez countered the volunteers should be utilized and not prolong the process. It was not an advisory board. The historic preservation ordinance has been discussed at a public meeting. Commissioner Ross clarified it was a committee only and Mr. Bressner added the Sunshine Law would still apply. Mayor Taylor was in favor of the historic preservation ordinance and noted it would have an impact for many property owners. He was concerned that several of the proposed committee members did not live within the City and may have a conflict of interest. The scope of activity of the proposed committee was determined to be sufficient. Commissioner Rodriguez noted five volunteers have come forward for this committee while many of the advisory appointments remain unfilled. Commissioner Weiland pointed out the historic preservation issue has been discussed for years. Motion Vice Mayor Hay moved to adopt Option 2, not appoint the ad hoc committee and the list of interested persons and actively recruit members. Commissioner Ross seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 D. Consideration of New Agreement with Quantum Community Development District Mr. Bressner recalled on March 16, 2009, the Commission had voted to terminate the maintenance contract with the Quantum Development Improvement District. Subsequently a request was made to reconsider the agreement. Further negotiations revealed a request for the City to take over street light maintenance in the entire Quantum area. Staff suggested the street lights on Quantum and on High Ridge Road north and serving the TriRail station and High Ridge Road south leading into the High School and new Fire Station 5 would be maintained by the City. All lights would be on public rights-of-way or serving public buildings. Quantum rejected the proposal based on their interpretation that all the streets are public and should be maintained by the City. Mr. Bressner added the expense to maintain the medians along Gateway would cost the City $35,000 for each of the next two years. Attorney Cherof added staff had accommodated every request to meet and discuss the issue. Counsel for the Quantum community was present. Bernie Konco, attorney for both Quantum Community special taxing districts, offered his interpretation that all the roads within the development are public roads. Quantum Boulevard has a plat dedicated easement to the City. The issue arose because the school district refused to contribute any monies to the special taxing district. The City wanted the school built and agreed to take over the school district's maintenance costs because the entire City benefits from the High School. The street light maintenance would be approximately $77,000 yearly. Commissioner Ross clarified that the streets were open to the public rather than streets that were in gated communities. Attorney Cherof advised the roads were open to the public, but that fact did not make the roads public roads. Commissioner Ross wondered if other communities would then come to the Commission to be responsible for the cost. The budget crisis had brought the issue to the attention of the parties. Mr. Bressner noted the addition of maintaining the medians would cost $35,000 that is reflected in the budget. The controversy involves the additional $46,000 offered by the City and the $77,000 demanded by the special taxing district. Commissioner Ross reported she had heard from Parkside HOA and Mr. Charles Kanter, President of the HOA, who expressed the residents concerns regarding the impact on their fees. Commissioner Rodriguez did not feel it was possible at this time to add any additional costs to the budget. Mr. Konco contended the burden was being placed on the residents of Quantum rather than all the City residents who use the roads and streets. Motion Commissioner Rodriguez moved to adopt Option # 1. Commissioner Weiland seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 X. FUTURE AGENDA ITEMS: A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to October 6, 2009) B. Approve piggyback on the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, FL to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314 with a 15% contingency of $38,447 for a total project cost of $294,761.10. (Proposed Resolution No. R09-117) (Tabled to October 6, 2009) C. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) D. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-l Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-038 Re: Abandoning of an existing easement on the record plat known as Las Ventanas for the expansion of Woolbright Road to add an additional turning lane onto South Federal Highway. Attorney Cherof read Proposed Ordinance No. 09-038 by title only on second reading. Mayor Taylor opened the issue for public comment. No one came forward. Mayor Taylor closed the public hearing. 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 09-038. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBliC HEARING None C. Ordinances. 1st Reading 1. Proposed Ordinance No. 09-040 Re: Establishing a procedure to better identify and manage vacant and foreclosed properties by holding mortgage holders responsible through registration and third party administration. Attorney Cherof read Proposed Ordinance No. 09-040 by title only on first reading. Motion Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-040. Vice Mayor Hay seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. Mr. Bressner thanked the Commission for approving the program and commended Scott Blasie, Code Enforcement Administrator. It partnered with the private sector without spending tax dollars to assist with the growing situation. 2. Proposed Ordinance No. 09-041 Re: Amending Section 16-61 and 16-62 providing administrative clarity and adding language in the ordinance that requires advance notification when leaving vehicles and/or trailers at the park for more than three (3) days by patrons actively involved in fishing and/or boating activities. Attorney Cherof read Proposed Ordinance No. 09-041 by title only on first reading. 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 09-041. Vice Mayor Hay seconded the motion. Jody Rivers, Parks Superintendent, related that some individuals were using the parking area for boat or trailer storage. It took up too many spaces and the issue had to be addressed. If more than three days is anticipated a permit can be obtained. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:25 p.m. (Continued on next page) 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner ATTEST: Jose Rodriguez, Commissioner Janet M. Prainito, CMC City Clerk Marlene Ross, Commissioner ~cf- eputy City Clerk 15 tf VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetinl! Turned in to City Clerk's Turned in to Lellal Turned in to Procurement ('" Dates Office '""'1'7' 0 Sentember 1, 2009 AUlrust 17, 2009 August 12, 2009 Auoust 10. 2009 ::0 ::i'-<: ".. --<;<.j [gJ Seotember 15. 2009 August 31, 2009 August 26, 2009 Auoust 24, 2009 m .c-, N r'!'l.O 0 v' ~:::: ...,., u;- 0 3' olii '.1.., N ., ..".G> -.1"'\ ,n ("I'};~ 0 0 City ManalIer's Renort N ~ AnnouncementsfPresentations NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Comoliance & Legal Settlements 0 Unfinished Business 0 Public Hearin2: 0 RECOMMENDATION: Motion to approve the "piggy-back" of Palm Beach County Annual Traffic Signal Construction Contract project #2009055 which was awarded to Gerelco Traffic Controls, Inc. of Port Saint Lucie, Florida for the construction of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard for a total cost of $248,887.28; which includes a five (5%) percent contingency. EXPLANATION: On October 21 ", 2008, the City Commission authorized the City Manager to execute an agreement berween the City and D.R. Horton, Inc. wherein D.R. Horton agreed to not seek a refund of the $136,300.00 in impact fees for Knollwood PUD park site and instead those funds would be used for the construction of a traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard. Per the agreement berween the City and D.R. Horton, Inc. dated November 4th, 2008; if the City does not have the signal construction under contract within thirty-six (36) months from the date of the agreement then City will have to refund the $136,300.00 to D.R. Horton, Inc. After execution of the agreement berween the City and D.R. Horton, Inc.; the Public Works DepartmentlEngineering Division contracted with Arcadis US, Inc. to perform design services and develop the construction documents for the Traffic Signalization of Gateway and Quantum Boulevard, The design phase has been completed and the Engineering Division is now ready to proceed with the construction phase of the project. In order to complete the project the City's cost share for the project will be funded from the transportation budget by utilizing monies from the Wayfmding Signage program. Because of the inunediate needs of the traffic signal and the time constraints of the agreement; the wayfinding signage program will be postponed until the current economic climate changes and future transportation dollars are allocated through tax revenue. As part of the project the Streets Division of the Public Works Department will be self performing and/or subcontracting the modifications and installation of the concrete, asphalt, signage, and pavement markings. These items were removed from the proposal from Gerelco Traffic Control Inc. to reduce the overall cost of the project. The work is estimated to cost approximately $25,000.00 which is a savings of$41,000.00 based on the pricing received from the piggy back contract. PROGRAM IMP ACT: Per the City's request the Palm Beach County Traffic Engineering Division performed a traffic signal warrant analysis on August 21 S\ 2006. The results of the analysis confirmed the need for a traffic signal at the Gateway Boulevard and Quantum Boulevard intersection. The installation of the traffic signal will improve traffic safety and provide a means for safer vehicle movements through the intersection. S:\Engineering\Agenda Items\Agenda Items 2009\Gateway-Quantum Blvd Traffic Signal-082409.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Proiect(s) Fiscallrnoact Traffic Signal Construction Costs D.R. Horton's share: City's Share: $248,887.28 (which includes a 5% contingency) $136,300.00 $112,587.28 Proiect( s) Budget Impact Exoenses Traffic Signal Construction Costs Five (5%) Percent Contingency Total Funding $237,035.50 $ 11.851.78 $248,887.28 Funding Sources D.R. Horton's Share City's Share Total Funding $136,300.00 $112.587,28 $248,887.28 City's Share Budgeting Wayfinding Signage Budget FY08/09 $280,00000 ALTERNATIVES: Do not authorize the piggy-back of Palm Beach County Traffic Signal Construction Contract and do not construct the trallic signal. EXHIBITS: A - City of Boynton Beach Resolution No. R08-l2l B - Agreement between the City of Boynton Beach and D.R. Horton, Inc. Traffic Signalization dated November 4'''. 2008. C - Palm Beach County Annual Traffic Signal Contract project #2009055 aw"'jIed to Gerelco Traffic Controls. Inc. D - Proposal to construct the traffic signal from Gerelco Traffic Controls, c. fated August 24'''.2009. ,/, " /'. .... ! .r. t _. t' t./ fA' t ' 'f' I ';f, ?" ..' j"j.~''- '1:'<.' ':/k'-l_. C /': ;, /.:,.. i Departmeqf H ,adrs Signature City Manager's sign:t.u1::1 1\ssistant to City Manageri~il Public Warks/Engineering Division Department Name ~c-- City Att I Finance ~ (\ -r~J(/~ S:\Engineering\Agenda Items'A.genda Items 2009\Gateway-Quantum Blvd Traffic Signal-0824()l).dOl 1 2 RESOLUTION NO. R09- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE "PIGGY-BACK" OF A PALM 7 BEACH COUNTY CONTRACT #2009055 WITH 8 GERELCO TRAFFIC CONTROLS, INC., OF PORT 9 ST. LUCIE, FLORIDA, FOR CONSTRUCTION OF 10 THE TRAFFIC SIGNAL AT THE INTERSECTION 11 OF GATEWAY BOUELVARD AND QUANTUM 12 BOULEVARD; AUTHORIZING THE MAYOR AND 13 CITY CLERK TO EXECUTE A CONTRACT; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, City staff has confirmed that the County of Palm Beach has 17 complied with Public Contract Bid requirements which equal or exceed the City of 18 Boynton Beach's requirements; and 19 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" 20 a Palm Beach County Contract #2009055 and authorizes the Mayor and City Clerk to sign 21 a Contract with Gerelco Traffic Controls, Inc., of Port St. Lucie, Florida for construction 22 of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves the "piggy-back" of a Palm Beach County Contract #2009055 and authorizes the 30 Mayor and City Clerk to sign a Contract with Gerelco Traffic Controls, Inc., of Port St. S:\CA\RESO\Agreements\Bid Awards\Piggy-Back PBe. Gerelco doc I 11 Lucit:. Florida fo] constructhJn de the traffic slgn;:ii at the mtersectIon ;~t' CatC\\d\ 2 Boulevard and Quantum Boulevard, a copy of the Agreement IS attached hereto as Exhibit 3 "'A". 4 Section 3. That this Resolution shall become effective immediately. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (C orporate Sea]) 33 PASSED AND ADOPTED this ~_ day of September, 2009. ClTY OF BOYNTON BEACH, FLORIDA Mayor -Jerry 'faylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner Jose Rodriguez Commissioner - Marlene Ross S:\CA\RESO'Agreemt:nts\Rid Awards\Plggy-H,lCk PBC -lj\:felcu due CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL This Agreement is made as of this _ day of , 2009 by and between GERELCO TRAFFIC CONTROLS, INC., of Port Saint Lucie, Florida, a Florida Corporation, with offices at 560 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 ("GERELCO"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, pursuant to a Palm Beach County Traffic Engineering Division analysis, the installation of a traffic signal will improve traffic safety and provide a means for safer vehicle movements through the intersection; and WHEREAS, GERELCO, submitted a proposal dated August 24, 2009 to the City for construction of the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard for a total cost of $248,887.28, which includes a five (5%) contingency at prices based on Palm Beach County Contract #2009055); and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for otheL valuable consideration. received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section I. this Agreement. The foregoing recitals are true and correct and are hereby incorporated in Section 2. The City and GERELCO, agree that GERELCO shall construct the traffic signal at the intersection of Gateway Boulevard and Quantum Boulevard pursuant to GERELCO'S proposal dated August 24, 2009 and incorporating the terms and conditions for performance as set forth in Palm Beach County Contract #2009055, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A All references to the Palm Beach County shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 I Facsimile: (561) 742-6090 Page I S:\CA\AGMTS\Plggyback (pac - Gere1co Traffiel.doc Cop\' James A. Cherof. City Attorncy Goren, CheroL Doody & EzroL I' A. 3099 East Commercial Boulevard. Suite 200 Fort Lauderdale. FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771 -4923 C. The proposal from GERELCO datcd August 24. 2009. is attached hereto Exhibit '"B". Section 3. In the event that the Palm Beach County Contract is amended, or terminated, GERELCO shall notify the City within ten (10) days. In the event the Palm Beach County Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated. until specifically amended or terminated by the parties hereto. Section 4. The GERELCO agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition! including fees, charges or costs~ Vv'hich the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require thaI thc Certificate oflnsurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Palm Beach County Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH. FLORIDA ATTEST: By: Ma\'or City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney Page 2 S:\C;\"AG!'vnS,Plggyhad: (PBC (,crelcn Trafflt:).du\: WITNESSES: ATTEST: SECRETARY S:\CA\AGMTS\Plggyback IPse - Gerelco Traffic).doc GERELCO TRAFFIC CONTROLS, me. BY: Page 3 Print Name: Title: EXHIBIT it AGREEMENT BETWEEN PALM BEACH COUNT\ AND GERELCO TRi\FFIC CONTROLS, INC S'ICA'.,AliMTS\Piggyback (PBC - Cierelco Traffic I doc Page 4 i~.,i, (1i ~,".".' ~il-' 'J" [';' '. ". le, ,"I. -"" ~);: 'f~. :\:',j ~' ....'. 'I'" ,"" " PROPOSAL FORM GERELCO TRAFFIC CONTROLS. INC. (COMPANY NAME) 560 NW ENTERPRISE DR. ~ PORT ST. LUCIE. FL (COMPANY ADDRESS) 34986 ZIP CODE I I 772/340-7474 PHONE NUMBER 772/323-2005 FACSIMILE NUMBER mhawthorne(cilqerelco,com E-MAIL ADDRESS B ~ 90-0174266 Federal Tax ID# DATE SUBMITTED: JANUARY 13, 2009 . 1i1l. tI I @ ~~! FOR THE CONSTRUCTION OF: ANNUAL TRAFFIC SIGNAL CONTRACT PALM BEACH COUNTY PROJECT NO. 2009055 TO: THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA: FJ.'" [j We, the undersigned, hereby declare that no person or persons, firm or corporation, other than the undersigned, are interested in this proposal as principals, and that this proposal is made without collusion with any person, firm, or corporation, and we have carefully and to our full satisfaction examined the Contract Documents, and that we have made a full examination of the location of the proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all necessary labor, equipment, materials and services, fully understanding that the quantities shown herein are approximate only and that we will fully complete all necessary work in accordance with the Contract Documents and the requirements under them of the Engineer, within the time limit specified in this proposal for the following unit prices, to wit: ~ f,~~ 61 P-l rm LJ PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 2009055 ,10 PROPOSAL f!\ ~k~ 1;1 l..~ 'rri FM or Install Item Number Description Qty Unit Only Unit Price Total V 102-l-A GENERAL MAINTENANCE OF TRAFFlC 1500 HR F&1 590.00 5135000,00 102'1.B MAINTENANCE OF TRAFAC (SECURING SIGNAL POLEI 20 HR F&1 5145.00 <2 900.00 v MAINTENANCE OF TRAFFIC (lITlLl1Y LOCATION, SOFT 598.50 <4 92S.00 t02-I-<: DIG' SO HR F&1 102-11 POLICE ASSIST FOR MAINTENANCE OF TRAFFIC 100 HR F&1 554.00 55400.00 CHANGEA8LE . VARIABLE MESSAGE SIGN 102-99 rT.MPORARY' 50 ED F&1 546.S0 5232S.00 v 144-77 TRAFFlC MONITORING STATION 14 LANE DIVIDEDI 10 EA F&1 59480.00 594800.00 v 144-78 TRAFFIC MONITORING STATION I ADDmONAL LANE' 20 EA F&1 <I 305.00 526 100.00 v 400-1-1S Q.ASS I CONCRm (MISC.) WIRE REINFORCED 20 C( F&1 5575.00 <11 500.00 v 455-142 CR05SHOLE 50NIVlOGGING TEST 30 EA F&1 <I 87S.oo <S6 2S0.00 522+A CONCRm SIDEWALK 4" TI1ICK 300 5Y F&1 <7S.00 522 SOO.OO 522+B CONCRm SIDEWALK 6" TI1ICK 300 SY F&1 < I1S.00 534 SOO.OO 552-1-<: PAVER BRICK REPAIR - REMOVE AND REPLACE 200 SF F&1 520.00 <4000.00 620-1-1 GROUNDING ELECTRODE 2S PI F&1 52S.00 <625.00 v 630-1-1H 1" GALV. IMe, ABOVE GROUND CONDUIT 300 LF F&1 <to.OO <3 000.00 v 630-HH.25 1 V. " GALV. IMC. ABOVE GROUND CONDUIT 50 LF F&1 <11.S0 5575.00 Y 63D-Hl-2 2" GALV. IMC. ABOVE GROUND CONDUITL 2000 IF F&1 <14.75 529 500.00 Y 630+12-2 2" PIIC '5CH 40' UNDERGROUND CONDUIT 21000 IF F" <4.50 " 594 SOO.OO ~~,. . =.. ~ - ..... . .. .~. -" -. ---- _H_~ ---.-- 63D-H2-2A ADDmONAL 2" PIIC (SCH 40\ CONDUIT IN TRENCH 10000 IF F&1 <1.75 517 500.00 SPLIT DUCT, 2" PIIC (SCH 40), INCLUDE 90 DEGREE <5.50 '30+12-2SD SWEEPS AND COUPLINGS SOO IF F&1 <2750.00 Y ,30-1-12-1 4" PIICISCH 4iJ) UNDERGROUND CONDUIT tooo LF F&1 <7.50 $7500,00 ADDmONAL4" PIIC(SCH 40) UNDERGROUND <4.00 $4 000.00 63D- H2-1A CONDUIT OPEN TRENCH 1000 IF F&1 CO~~~IT, .~NDERGROUND, 4" PIIC (SCH 40) WITH (3) <9.25 $4 625.00 63D-H2-4i 1'1<" HOPE INNERDUCT 500 LF F&1 CO~~~IT, :,DDmONAL 4" (HOPE SDRll) WITH (3) 59.25 <4 625.00 63D- H2-1iA IV." HOPE INNERDUCT 500 IF F&1 630+ t2-i6 INNERDUCT 1'4" 'HOPE SDRll 2000 LF F&1 52.2S <4 500.00 Y 1-2" (HOPE SDR 11) UNDER PAVEMENT CONDUIT <9.75 630-H3-2-1 DIRECTIONAL BORE' 2000 LF F&1 519 500,00 2-2" (HOPE SDR 11) UNDER PAVEMENT CONDUIT <13.45 63D-H3-2:2 DIRECTIONAL BORE' 12000 IF F&1 5161400.00 3-2" (HOPE 5DR 11).~NDER PAVEMENT CONDUIT $16.75 <201 000.00 63D-1-13-2-3 DIRECTIONAL BORE 12000 IF F&1 630- H3-2-1 1:'2" (HOPE SDR 11).~NDER PAVEMENT CONDUIT 10000 IF F&1 <19.75 5197 500.00 DIRECTIONAL BORE 4" (HOPE SDR 11) UNDER PAVEMENT CONDUIT <13,00 63D-H3-1 1 'DIRECTIONAL BORE' 200 LF F&1 <2 600,00 CONDUIT UNDER PAVEMENT, H" (HOPE SDR 11) " Wn::;',P) t '4" (HOPE) INNER DUCT (DIRECTIONAL $16.50 $3 300,00 630-H3-1i-1 BORE 200 LF F&1 CONDUIT UNDER PAVEMENT, 2-1" (HOPE SDR 11) ~,P) 1 '1." (HOPE) INNER DUCT (DIRECTIONAL 63D-1-13-11.2 BORE 200 LF F&1 $30,00 56 000.00 6" (HOPE SDR 11) U~DER PAVEMENT CONDUIT <23.00 630+ 13-6 DIRECTIONAL BORE 200 LF F&l $4 600.00 630-1-t5-2 2" GALV. IMC. BRIDGE MT. CONDUIT 2000 LF F&l <14.75 <29500,00 Y CONDUIT, 2" PVC (SCH 40), OPEN TRENCH IN <4.25 30- H6-2 PAVEMENT 500 IF F&1 52 t25,00 CONDUIT, 4" (HOPE SDR 11) WITH (3) 1'1<" (HOPE) 630-1-16-4; INNERDUCT OPEN TRENCH IN PAVEMENT 100 LF F&1 $9.25 <925.00 630-1-30-5 1.25" AGURE 8 HOPE INNERDUCT AERIAL CONDUIT 1000 LF F&l <3.80 <3800.00 ~ ~,~ m ui ~ I I ~ ~ fCI V . ~ [I I ~ ~ ~p. .~ ,0 In W "'-l ~:oti ~ ~:; "1 .. '".-';.' L! Page p. 2A r- r'" t_', PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 2009055 BID PROpOSAL I F&.I or Install Item Number Description Qty Unit Only Unit Price Total V RODDING AND CLEANING OlJT EXISTING CONDUIT , 630-3 SCH 40 2000 LF F&I <0.65 $1300.00 i 632-6-H9 SIGNAL CABLE - 19 CONOUerOR 6000 LF F&I '3.05 $IB 300.00 Y 632-6-[-4 SIGNAL CABLE - 4 CONDUerOR 2000 LF F&I $1.95 S3 900,00 Y 632+HA SIGNAL CABLE SPAN LENGTH 0' - 250') 5 PI F&I $965.00 <4 825.00 Y 632-].[-IB SIGNAL CABLE 'SPAN LENGTH 251' - 350') 5 PI F&I $t 145.00 $5725.00 Y 632+HC SIGNAL CABLE SPAN LENGTH 35t' - 450') 5 PI F&I <1 435.00 $7 175.00 Y 632-7-HD SIGNAL CABLE (SPAN LENGTH 451' - 550') 5 PI F&I $2 270,00 $ll 350,00 Y 632.7+tE SIGNAL CABLE (SPAN LENGTH 551' ' 650') 5 PI F&I $3 200,00 $ 16000.00 Y 632+HF SIGNAL CABLE (SPAN LENGTH 6St' - 750') 5 PI F&I $3 450,00 <17250.00 Y 632-7.t.lG StGNAL CABLE (SPAN LENGTH 7S I' - Greater) 5 PI F&I <4 050.00 $20250.00 Y 632+H PEDESTRIAN SIGNAL CABLE - 4 CONDUerOR 100 PI F&I <900.00 $90 000.00 Y 632-],[-7 PEDESTRIAN SIGNAL CABLE - 7 CONDUerOR 100 PI F&I 't 085.00 $lOB 500,00 Y 633-11H2 ABER OPTIC CABLE, (FSM) 12-CQUNT (AERIAL) 1200 LF F&l $2.93 $3 516.00 633-111-24 ABER OPTIC CABLE, (FSM) 24-COUNT (AERIAL) 2SOOO LF F&I $3.07 76 750.00 633-11H8 ABER OPTIC CABLE. (FSMl 48-CQUNT (AERIAL) 25000 LF F&I $3.32 83 000.00 633,11l-96 ABER OPTIC CABLE. (FSMl 96-COUNT (AERIAL) 2SOOO LF F&I $3.9S 98 750,00 FIBER OPTIC CABLE, (FSM) 12-COUNT I $1.53 $18360.00 633-121-12 UNDERGROUNDl 12000 LF F&I FIBER OPTIC CABLE, (FSM) 24.COUNT : i i 633-121-24 UNDERGROUND) 25000 LF F&I $1.69 $42 250.00 FIBER OPTIC CABLE, (FSM) 48-COUNT $1.90 633-12 H8 I'UNDERGROUND) 25000 LF F&l <47 500,00 ABER OPTIC CABLE, (FSM) 96-COUNT $2.6t $65 2so.001 633-121-96 UNDERGROUND) 25000 LF F&I I FIBER OPTIC CABLE, 12-COUNT (AERIAL), INSTALL 633-311-12 ONLY 6000 LF I <0.93 $5 580.00 ABER OPTIC CABLE, 24-COUNT (AERIAL), INSTALL : 633-311-24 ONLY 6000 LF I $0.93 $5 580.001 i ABER OPTIC CABLE, 48-COUNT (AERIAL), INSTALL I , i 633-31H8 ONLY 6000 LF I <0.93 <5 580,001 FIBER OPTIC CABLE, 96-COUNT (AERIAL), INSTALL i <0.93 : 633-311-96 ONLY 6000 LF I $5 580.00 FIBER OPTIC CABLE, 12-COUNT (UNDERGROUND), I $1.02 633-32H2 INSTALL ONLY 6000 LF I $6 t20.DO ABER OPTIC CABLE, 24-COUNT (UNDERGROUND), ! i 633-321.24 INSTALL ONLY 6000 LF I $1.02 $6 120001 I FIBER OPTIC CABLE, 48-COUNT (UNDERGROUND), $6 120,001 I 6J3-J2H8 INSTAlL ONLY 6000 LF I <1.02 FIBER OPTIC CABLE, 96-COUNT (UNDERGROUND), , I 633-321-96 INSTALL ONLY 6000 IF I I , $1.02 $6 120,001 FIBER OPTIC CABLE, (FSM) 12-CDUNT DIREer BURY , , , 633-42H2 IN SAWCUT 1000 LF I : <7.80 $7 800.001 i FIBER OPTIC CABLE, (FSM) 24-COUNT DIREer BURY : $804{],001 I 633-421-24 IN SAWCUT 1000 LF I $8.04 FIBER OPTIC CABLE, (FSM) 48-COUNT DIREer BURY i I 633-421-48 IN SAWCUT 1000 LF I $8.29 $8 290.00 6J3-7-t2 TERMINATION 12-COUNT FI8ER SO EA F&I $12S2.88 $62 644.00 633-7.18 TERMINATION 18-COUNT FIBER 5 EA F&I $I 662.38 $8311.90 633-7-24 TERMINATION 24-cOUNT FIBER 10 EA F&I $2033.13 $20 33t.J0 633,7.36 TERMINATION 36-COUNT FIBER S EA F&I $3066,38 15331.90 633-7-48 TERMINATION 48-COUNT ABER 30 EA F&I <4 070.25 <122 107.50 633-7.6 TERMINATION 6-COUNT FI8ER 10 EA F&I $906.75 -,~ ~ $9,067.50 '633.7-96 TERMtNATION 96-COUNT FIBER 5 EA F&I <7 034.63 $35173.15 633-9-12 SPLICE FIBER OPTIC FUSION (12-COUNTl SO EA F&I $1 252.88 $62 644,00 633-9-18 SPLICE FIBER OPTIC FUSION (J8-COUNT) 5 EA F&I $1530.75 $7 653,75 633-9-24 SPLICE FIBER OPTIC FUSION 24-COUNT) 50 EA F&I $I 662,38 $83 119.00 633-9-36 SPLICE FIBER DPTIC FUSION 36-COU~ n 5 EA F&I $2349.75 $ll 748.75 633-9-48 SPLICE FIBER DPTIC FUSION 48-COU n 50 EA F&I $3017,63 1150 881.50 633-9-6 SPLICE FIBER OPTIC FUSION 6-COUNl 5 EA F&I $1057.88 $5 289 AO -1 -- 633-9-96 SPLICE FIBER OPTIC FUSION 196-COUNT) 4 EA F&I $5,113.88 $20A55.52 - .. ..~._,--~ [" ",'1 ~~;: ~ ll~; 'J ~. [;] ; I ~. ttJ ~;:' ,.,..'.i .{," . I I ~" \\1 1.;1 @" '.'.'./ ~.,' ~:, n kii ~l. Li [f;l! I,t, l:'c Page p" ,iA ~'."., ." .", , PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) "ROJECT NUMBER: 2009055 ,0 PROPOSAL ~ ~ I I F&.Ior Install Item Number Description Qty Unit Only Unit Price Total y 633-9-30 SPUCE FIBER OPTIC FUSION 30-COUNn 10 EA F&l $2 174.2S $21 742.50 633-9-54 SPUCE FIBER OPTIC FUSION f5+CQUNn 10 EA F&I $3 S53.88 $35 538.80 634+ t04 v." SPAN WIRE ASSEMBLY FOR COMMUNICATION 25000 LF F&I U.34 <33 500.00 634+113-IA SPAN WIRE ASSEMBLY ('1;") (SPAN LENGTH 0' - 250') 2 PI F&I $800.00 U 600.00 v SPAN WIRE ASSEMBLY (W) (SPAN LENGTH 251' - $97S.00 634-4- tl3-1 B 350') 2 PI F&I $1 9S0.OO v SPAN WIRE ASSEMBLY ('1;") (SPAN LENGTH 351'- <I 250.00 634+tl3-1C 4S0') 2 PI F&I <2 500.00 v SPAN WIRE ASSEMBLY (W) (SPAN LENGTH 451' , U 800.00 $1 800.00 634-4-tl3-1D 550') I PI F&I v SPAN WIRE ASSEMBLY (W) (SPAN LENGTH 551'- $1925.00 U 925,00 634+ 113-IE 650') t PI F&I v SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH 0' - U 850.00 U 850.00 634+tl3-ZA 250') I PI F&I v SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH: 25t'- U 950.00 634-4-tl3-2B 350') I PI F&I $1 950.00 v SPAN WIRE ASSEMBlY (7/16") (SPAN LENGTH: 351'- $2 250.00 <2 250,00 634+tl3-2C 450'\ t PI F&I v SPAN WIRE ASSEMBLY (7/t6") (SPAN LENGTH: 451'- $2 950.00 $2950.00 634+113-2D 5SO') I PI F&I v SPAN WIRE ASSEMBlY (7/16") (SPAN LENGTH: 55t'- $3 250.00 $3 250.00 634-4-113-2E 650'L I PI f&l_ 'v SPAN WIRE ASSEMBLY 3/8 HIGH YIELD (SPAN 634+ I13-IE-HY LENGTH 551' - 650') I PI F&I <3 225.00 $3 225.00 v SPAN WIRE ASSEMBLY (3/8") (SPAN LENGTH 651'- $3 100.00 $3 100.00 J4+113-IF 750'! 'I PI F&I v SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH 65t'- $3 700.00 $3 700.00 634+tl3-2F 750'! I PI F&I v SPAN WIRE ASSEMBLY 3/8 HIGH YIELD (SPAN $4 950.00 634-4-113-tF-HY LENGTH 651' -750'\ I PI F&I $4950.00 v SPAN WIRE ASSEMBLY (3/8") (SPAN LENGTH 75t' - <3 950.00 634+ 113-1G Greater \ I Pt F&I $3 950.00 v SPAN WIRE ASSEMBLY (7/16") (SPAN LENGTH 751', $4200,00 <4 200.00 634+ 113-2G Greater) I PI F&I v SPAN WIRE ASSEMBLY 3fo" HIGH YIELD (SPAN 634+tl3-IG-HY LENGTH 7St' -Greater) I PI F&I $5925.00 $5 925.00 v PULL BOX (30" x 48" x 24"D) HEAVY DLf1Y SPlIT $945.00 $75 600.00 635-H5A COVERS 80 EA F&I 635+ISB PULL BOX (17" x 30" x 12"D) HEAVY DLf1Y COVERS 600 EA F&I $340.00 $204 000.00 PULL BOX (17" x 30" x t2"D)SPEClAL-TRAFFlC LOAD <375.00 63S+15B-S BEARING HEAVY DLf1Y COVERS 20 EA F&I $7 500,00 PULL BOX, (l7"X30")(18"D) FlBERGUlSS, HEAVY DLf1Y 635-l-ISC COVERS tOO EA F&I $430.00 $43 000.00 PULL BOX, (17")(30"X24"D) FIBERGUlSS, HEAVY DLfIY $520,00 $13 000.00 635-I-t5D COVERS 2S EA F&I PULL BOX, STAINLESS STEEL CORROSION RESISTANT 635-H5E - WALL MOUNT 2 EA F&I $750.00 <1 500.00 v 639-1-13 ELECTRICAL POWER SERVICE (OVERHEAD! 20 AS F&I <875.00 $17500.00 v 639+23 ELECTRICAL POWER SERVICE (UNDERGROUND! 80 AS F&I <850.00 $68 000.00 v 639-2-1 ELECTRICAL SERVICE WIRE 2000 LF F&I $1.25 2 SOO.OO v 639-3-11 ELECTRICAL SERVICE DISCONNECT 20 EA F&I $200.00 4 000.00 v 64H GUYING CONCRETE STRAIN POLES 4 EA F&I $S75.00 2300,00 v 641-2'12-12 PRESTRESSED CONCRETE POLE (12' TYPE P-Il ) 30 EA F&I $651.00 19530.00 v 11-2-15-44 PRESTRESSED CONCRETE POLE (44' TYPE P-V) 12 EA F&I 2 872.00 $34464.00 v 11-2-16-44 PRESTRESSED CONCRETE POLE 44' TYPE P-Vl) 12 EA F&I 3 372.00 $40 464.00 v 641-2-16-46 PRESTRESSED CONCRETE POLE 46' TYPE P-Vl) 8 EA F&I 3409.00 $27272.00 v 641-2-17-44 PRESTRESSED CONCRETE POLE 44' TYPE P-VlIl 8 EA F&I $3 746.00 $29 968.00 v 641-2-17-46 PRESTRESSED CONCRETE POLE (46' TYPE P-VlIl 4 EA F&I $3935.00 US 740.00 v ~ ~ ~ ; I I I ~. e., ,~.j ., . m ~ ~ ~ ~ li?l n Gt [" ~..~ 01 Page p. 4A 8 ~".'\ - '~1 ,; ': , PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 2009055 BID PROPOSAL ~,., ,),- " )i~ L,i)', F&I or Install Item Number Description Qty Unit Only Unit Price Total V 641'2-17-S0 PRESTRESSED CONCRETE POLE (SO' TYPE p-vm 4 EA F&l $4 063.00 $162S2.00 v 641-2-19-70 PRESTRESSED CONCRETE POLE (70' IJTlLITY TYPE) 4 EA F&l $4810.00 $t9240,00 v PRESTRESSED CONCRETE POLE (INSTALL ONLY - v, I ' 64t,2-30 VI VII OR VIm 40 EA I I $t 97S,00 $79000.001 v I PRESTRESSED CONCRETE POLE (70' IJTlLITY I ! 641-2-30-70 TYPE)(INSTAlL ONLY) 4 EA I '2 SOO,OO $10 000.00 vi 64H GUIYING WOOD POLE 4 EA F&l $SSO.OO $2200.00 v 643-145 WOOD 5TAAIN 45' POLE 8 EA F&l $890,00 $7 120.00 v 64HSO WOOD STRAIN SO' POLES 10 EA F&l II 000.00 $10000.00 v 64HSS WOOD 5TAAIN 55' POLE 16 EA F&l <1 100.00 $17600.00 v 643-300 WOOD 5TAAIN POLE ( INSTALL ONLY) 4 EA I $675,00 $2 700.00 v 649-31-lOt MAST ARM ASSY DI-sI 36' 4 EA F&l $16565.00 $66 260.00 v 649-31-102 MAST ARM ASS'f D3-s246' 4 EA F&l $19650.00 $78600.00 v 649-31-103 MAST ARM ASS'f Ds-S3 60' 4 EA F&l $27 ns.OO $110900.00 v 649,31-104 MAST ARM ASS'f D6-S4 70' 6" 6 EA F&l $33 290,00 $199 740.00 v 649-31-tOs MAST ARM ASS'f D7-S6 78' 4 EA F&l $33 485,00 $133 940.00 v 649-33-0oo-D MAST ARM (ARM ONLY) INSTALL ONLY 4 EA I $SSO,OO $2200.00 v 649-33-0oo-DS MAST ARM (ARM &UPRIG~) INSTALL ONLY 4 EA I $850,00 $3 400.00 v 649-33-000-5 MAST ARM (UPRIG~ ONLY) INSTALL ONLY ~ EA I 1550.00 $2200,00 v' 649-33-101 MAST ARM ASS'f Dt-St 36' INST ONLY 2 EA I $5 500.00 $1I 000,00 v 649-33-102 MAST ARM ASSY D3-S2 46' INST ONLY 2 EA I $6200.00 $12400,00 v 649-33-104 MAST ARM'ASS'f D6-S470'6'INSTONLY 2 EA I $8 650.00 <17 300.00 v MAKE AVAILABLE A 21-Ff LOW PROFILE AUGER 649-4 TRUCK FOR DRill SHAFf FOUNDATION 12 PI F i $1.00 $t2.oo v TRAFFIC SIGNAL HEAD ALUMINUM (I -SEmON, t- I 6s0-SI-IIt WAY) 20 AS F&l $3S0.OO $7000,00 v TRAFFIC SIGNAL HEAD UG~ WEIG~ (I-SEmON, 1- 6S0-SI-lt2 WAY) 4 AS F&l i $350.00 $1 400.00 v TRAFFIC SIGNAL HEAD ALUMINUM (I-SEmON, 2' I 6S0-sH21 WAY) 4 AS F&l $625.00 $2 500.00 v TRAFFIC SIGNAL HEAD UG~ WEIGHT (I-SEmON, 2- $625.00 6So-SH22 WAY) 4 AS F&l $2 SOO.OO v TRAFFIC SIGNAL HEAD ALUMINUM (I.SEmON, 3- , $800.00 650-51-131 WAYl 4 AS F&I $3 200,00 v TRAFFIC SIGNAL HEAD UGHT WEIG~ (I-SEmON, 3- 6So-SH32 WAY) 4 AS F&l $800.00 $3 200,00 v TRAFFIC SIGNAL HEAD ALUMINUM (I-SEmON, 4- $900,00 6S0-SH41 WAY) 4 AS F&l $3 600,00 v TRAFFIC SIGNAL HEAD UGHT WEIG~ (I-SEmON, 4- $900.00 vi 6S0-S1-142 WAY) 4 AS F&l $3 600.00 TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, I. I 6S0-S 1,3 1I WAY) 400 AS F&l $700,00 1280000,00 vi TRAFFIC SIGNAL HEAD UG~ WEIGHT (3-SEmON, I- i , i , 6S0-S1-312 WAY) 20 AS F&l $700.00 $14000.00 vi TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 2. F&l i , 6S0-S1'321 WAY) 20 AS $97S,00 $19500,00 vi TRAFFIC SIGNAL HEAD UGHT WEIGHT (3'SEmON, 2- I , 650-51-322 WAY) 2 AS F&l $97S.OO 119S0,00 vi TRAFFIC SIGNAL HEAD AlUMINUM (3-SEmON, 3- I 650-51'331 WAY) 2 AS F&l $1300.00 $2 600.00 v TRAFFIC SIGNAL HEAD UGHT WEIG~ (3-SEmON, 3- I ...., "s,., ~J 6S0-S1-332 WAY) , , ,~.s ! F&! ! q 240,00. -,t. 'i v.W' , I TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 4- I 650-S1-341 WAY) 2 AS F&l <1 800,00 <3 600.00 v TRAFFIC SIGNAL HEAD UGHT WEIGHT (3-SEmON, 4- $1.720.00 650-51-342 WAY) 4 AS F&l <6 880,00 y TRAFFIC SIGNAL HEAD ALUMINUM (4-SEmON, 1- , 6S0.S1-411 WAY) 20 AS F&l 1870,00 $17400.00i .,;i ~ fj ; I I ~ ~ ~-". ~F' ".'e, ~;; , R1 .~ I ~" ~1 " (f' ~' ill', /!1 ~,". G F. ~ l.0 rp "},:,1 l~ .'. t Page P- SA F::1 ~ ~ liD ~, F& PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) OROJECT NUMBER: 2009055 10 PROPOSAL ~ ~ I F&lor Install Item Number Desaiption Qty Unit Only Unit Price Total V TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (+SEmON, 1- '850.00 < 1 700.00 650-51412 WAY! 2 AS F&l v TRAFFIC SIGNAL HEAD ALUMINUM (5-5EmON, 1- SI tOO.OO <110000,00 650-51-5 II WAY! 100 I>S F&l v TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (5-5EmON, 1- '1 050.00 '21 000.00 650-51-512 WAY) 20 I>S F&l v TRAFFIC SIGNAL HEAD ALUMINUM (1'5ECT10N, 1- '90.00 '180.00 650-53-Ill WAY! INSTALL ONLY 2 I>S I v TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (I-SEmON, 1- '90.00 <IBO.OO 650-53-112 WAY! INSTALL ONLY 2 I>S I v TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 1- SI50.00 <300,00 650-53-311 WAY! INSTALL ONLY 2 AS I v TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (3-SEmON, t- SI50.00 '300.00 650-53-312 WAY! INSTALL ONLY 2 I>S I v TRAFFIC SIGNAL HEAD ALUMINUM (3-SEmON, 2- S250.00 S500,00 650-53-321 WAY\1NSTALL ONLY 2 AS I v TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (3-SEmON, 2- '250.00 <500.00 650-53-322 WAYIINSTALL ONLY 2 AS I v TRAFFIC SIGNAL HEAD ALUMINUM (+SEmON, 1- SI7S.00 <350.00 650-53-411 WAY! INSTALL ONLY 2 I>S I v TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (+SEmON, t- ._- -'1175:00 - "'50.00 -y-- 650-53-412 WAY! INSTALL ONL Y__ . - _u -- . 2 I>S I ....-... ---- TRAFFIC SIGNAL HEAD ALUMINUM (5-SECTION, 1- S225.00 '3 600.00 650-53-511 WAY) INSTAU ONLY 16 I>S I v TRAFFIC SIGNAL HEAD UGHT' WEIGHT' (5-SEmON, 1- S225.00 '900.00 650-53-512 WAY! INSTALL ONLY 4 I>S I v PEDESTRIAN SIGNAL - COUNT DOWN (I-WAY) '720.00 '144 000.00 653-191 ALUMINUM 200 EA F&l v PEDESTRIAN SIGNAL - COUNT DOWN (2-WAY) < I 350.00 <135000.00 653.192 ALUMINUM 100 EA F&l v 659-101 SIGNAL HEAD AUX. (SACK PlATES 3-SEmON\ 20 EA F&l S70.00 SI 400.00 v 659-t02 SIGNAL HEAD AUX. (BACK PLATES 4-SEmON! 10 EA F&l S9S.00 '950.00 v 659-103 SIGNAL HEAD AUX. (DISCONNECT HANGER! 12 EA F&l '295.00 -.) 540.00 v 659-107 SIGNAL HEAD AUX. (ALUMINUM PEDESTAL' 200 EA F&l <750.00 <ISO 000.00 v 6S9-tll SIGNAL HEAD AUX. (SACK PLATES I-SEmON\ 4 EA F&l S70.00 <280,00 v 659-118 SIGNAL HEAD AUX. (SACK PlATES 5-SEmON' 12 EA F&l SI35.00 SI 620.00 v SIGNAL HEAD AUX. LED MODULE GREEN (FURNISH & SIl8.00 '4 720.00 659-120-1 INSTALL! 40 EA F&l V ISlGNAL HtAD AUX. LED MuDULE REu (FURNISH & S85.00 <3 400.00 659-120-2 INSTALL\ 40 EA F&l v SIGNAL HEAD AUX, LED MODULE YELLOW (FURNISH SI08.00 S4 320.00 659-120-3 & INSTALL! 40 EA F&l v SIGNAL HEAD AUX. LED MODULE GREEN ARROW 659-120-4 I 'FURNtSH & INSTALL! 20 EA F&l '95.00 < I 900.00 v I ~!GNAL HEAD AUX. LED MODULE RED ARROW S65.00 SI 300.00 659-120-5 FURNISH & INSTAU\ 20 EA F&l v SIGNAL HEAD AUX. LED MODULE YELLOW ARROW 659-120-6 FURNISH & INSTALL! 20 EA F&l S68.00 '1 360,00 v MAST ARM SIGNAL HANGER ( I-WAY) (FURNISH & St90.00 'I 900.00 659-121-t INSTALL! 10 EA F&l v MAST ARM SIGNAL HANGER ( 2,WAY) (FURNISH & '350.00 <3 500.00 659-12t-2 INSTALL! 10 EA F&l v MAST ARM SIGNAL HANGER ( 3-WAY) (FURNISH & <I 000.00 ,59-121-3 INSTALL! 2 EA F&l '500.00 v MAST ~M SIGNAL HANGER ( +WAY) (FURNISH & S600.00 'I 200.00 659-1214 INSTALL 2 EA F&l v SIG~~L HEAD AUX. LED MODULE FOR (I) SIGNAL '30.00 <300,00 659-320-1 FACE INSTALL ONL Yl 10 EA I v ,. I I ~ lil ~i,\ bjl , I I I I ~ ~ ~i' .", ,,~ ttv", ,~f, '.~" f~ UJ Page p. 6A f;, f~ r71 t.," ;\'/ ~..p PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 20090SS BIO PROpOSAL I F&l or ,I Install Item Number Description Qty Unit Only Unit Price Toto' V SIGNAL HEAD AUX. LED MODULES FOR (2) SIGNAL i <60,00 I t 659-320-2 FACEsIINSTALL ONLY) 140 EA J $8400.001 v I SIGNAL HEAD AUX, LED MODULES FOR [3) SIGNAL iEA : '90,00 ! ! 659,320-3 FACEsIINSTALL ONLY) 10 I $900,001 v I SIGNAL HEAD AUX. L~~ MODULES FOR [4) SIGNAL ! I 659-320-4 FACES {INSTALL ONLY 10 EA I I $120,00 $1200.001 v SIGNAl HEAD AUX. L~~ MODULES FOR (5) SIGNAL ! , 659,320,5 FACES (INSTALL ONLY 10 EA J I '150.00 $1500.001 v DmcroR AMPUFlER (2- CHANNEL, T5-2, RACK I : 660.1-0 MOUNTED (FURNISH &. INSTALL) 40 EA F&l i <210.00 $8400,00 v DmcroR AMPUFlER (1- CHANNEL, Ts.l, SHELF I 660-1:1 MOUNTED (FURNISH" INSTAlL) 4 EA F&l I $125.00 $500,00 v 660-2-102-A LOOP ASSEMBLY 6' x VaMable Width ( TYPE B . F&l ! $2 500,ooi ADVANCE) - DAY TIME 5:00A.M. - 7:00P,M. 4 EA <625.00 660-2-102 LOOP ASSEMBLY 6'x6' (TYPE B) (FURNISH &. F&l ! I INSTAlL). DAY TIME 5:00A.M. . 7:00P.M, 40 EA j '440,00 $17600,00 66O-2-t06-A LOOP ASSEMBLY (TYPE F - 26' ) - DAY TIME 5:00A.M. F&l I 7:00P.M. 240 EA ! $670.00 <160 800,00 660-2-t06-B-DY LOOP ASSEMBLY (TYPE F - 46') - DAY TIME 5:00,A.'1 , f&! 7:00P.M. 100 EA $730,00 $73 000.00 665-11 PEDESTRIAN DmcroR (PUSH BUTTON) 300 EA F&l $t05.00 $3t 500.00 v .... . .. PeDESTRiAN DETECTOR wrfH POST (CONCRm 665-12 MONUMENT' 20 EA F&l <400.00 $8 000,00 v 668-33 NAZTEC CABINET rrvPE K"DmcroR CABINEn 2 EA F&l "<to 250.00 $20 500,00 v NAZTEC CABINET (TYPE M) WITH AIR CONDmONING i 668-34 INSTALL ONLY' 2 EA I $1 550.00 $3 too.OO v FlASHING BEACON CONTROLLER ASsEM8LY , ! vi 670+3 INSTALL ONLY 10 EA I i $625,00 $6 250.00 TRAFFIC CONTROLLER ASSEMBLY (TYPE 5) AS PER i '21550.00 <86200.00 670-5-110 NAZTEC 4 AS F&l .; TRAFFIC CONTROLLER ASSEMBLY (TYPE 6) AS PER $26875.00 $107 500.00 670-5-tlQ-A NAZTEC 4 AS F&l v TRAFFIC CONTROLLER ASSEMBLY (TYPE 5 - INSTALL 't 850,00 670.5-3 to ONLY) 80 AS I $148 000,00 v TRAFFIC CONTROLLER ASSEMBLY (TYPE 6 -INSTALL <1 850.00 670'5-310-XA ONLY) 10 AS I $18500.00 v 676-110-61 HUB SITE CABINET 24" W/CONCRm BASE 2 EA F&l '5000.00 $10000,00 v 676-110-62 HUB SITE CABINET 48" W 'CONCRm BASE 4 EA F&l '7625,00 $30 500,00 v 676-2tO-61 HUB SITE CABINET 24" FURNISH ONLY 10 EA F '3 600.00 $36 000.00 v 676-2tO-62 HUB SITE CABINET 48" FURNISH ONLY 4 EA F <4950,00 $19800,00 .; 677-10 BASE MOUNT CABINET (FOUNDATION) 3' X 3' 2 EA F&l <1350.00 $2 700.00 v 677-tl BASE MOUNT CABINET FOUNDATION\3' X 5' 2 EA F&l <1 500.00 $3 000,00 v PATCH CABLE, ST:ST FIBER OPTIC 5M, DUAL ZIP, 2m i B3.15 $1657.501 ! 681,200 CERAMIC 50 EA F PATCH CABLE, ST:MTRJ FIBER OPTIC sM, DUAL ZIP, i i I 681-201 2m CERAMIC 50 EA F <43.t4 $2,157.001 i PATCH CABLE, ST:LC FIBER OPTIC 5M, DUAL ZIP, 2m i ! 68t-203 CERAMIC 50 EA F i $36.08 $1 S04,ool : PATCH CABLE, ST:ST FIBER OPTIC sM, DUAL ZIP, 1m I , 1681'204 CERAMIC 50 EA F _J - .J~~.441 $;1.572.001 PATCH CABLE, ST:MTRJ FIBER OPTIC 5M, DUAL ZIP, I I <41.931 I i : i 681-205 1m CERAMIC 50 EA F $2r096.S0H PATCH CABLE, $T:LC FIBER OPTIC SM, DUAL ZIP, 1m <34,611 681-207 CERAMIC 50 EA F $1730.501 i PATCH CABLE, ST:ST FIBER OPTIC sM, t FI8ER, 2m i : i 68t-208 CERAMIC 50 EA F $22.9t1 st 145.501 , fM .....~' ~';;I "~ "'j &, , liliJ i I I If! ~ f11 [3 . I ~'.t.~ .ih\ , I,:, :'" :~; I.!......- fi, It' f':' , ;~. J.,' (;JJ t:~' ['C' .;:!: ,"" Page p. 7A ~J , ';'-' PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 20090SS Pc lID PROPOSAL I"", \!I'! g" rJ. Fa.Ior Instlill Item Number Desaiptlon Qty Unit Only Unit Price Total V PATCH CABLE, ST:ST FlBER OPTIC SM, I FlBER, 1m '21.94 '1 097.00 68t-209 CERAMIC 50 EA F 68t.210 COPPER PATCH CABLE CAT 5E 568A 1 M GRAY STD 20 EA F '1.76 '35.20 COPPER PATOi CABLE, CAT 5E, 5688, I M, YELLOW, '3.51 681-211 CROSS-oYER 100 EA F $351.00 685-165 PTZ CAMERA VlCON COMPLETI: to EA F '4 860.3B $48603.80 685-173 DIGITAL VIDEO ENCODER 40 EA F $2 525.25 $101010.00 RSG2100 INDUSTRIALLY HARDENED ETHERNET '6678.75 685-261 SWITCH (FuRNISH ONL Y\ 2 EA F $13 357.50 RS900 9-PORT ETHERNET SWITCH WITH 2 FIBER $1 291.8B $(2 918,80 685-262-2 PORTS 10 EA F RS900 9-PORT ETHERNET SWITCH WITH 3 FIBER $1 486.88 $14868.80 685-262-3 PORTS 10 EA F 690-10 REMOVE TRAFFlC SIGNAL HEAD ASSEMBLY 200 EA R $45.00 '9 000.00 .; 690-100 REMOVE MISCELLANEOUS SIGNAL EOUIPMENT 60 HR R <85,00 '5 100.00 .; 690-15 REMOVE INTERNALY ILLUMINATED SIGN 10 EA R < 50.00 $500.00 .; 690-20 REMOVE PEDESTRIAN SIGNAL ASSEMBLY 100 EA R . 45.00 $4 500.00 .; 690-200 TREE J BUSH TRIMMING AND REMOVAL 150 HR R '151.13 $22 669.50 .; 690-31 REMOVE SIGNAL PEDESTAL 40 EA R $125.00 $5 000.00 .; POLE REMOVAL (UP TO 10 FEET DEEP) CONCRm $1 550.00 $3t 000.00 690-33-1 POLE 20 EA R .; ..... . ... REMOVAL MAST ARM (uPRIGfif AND FONDA1l0N . 690-33-2 COMPLETE\ I EA R $1 550.00 . I 550.00 .; 690-33-3 REMOVE POLE WOOD 6 EA R 225.00 .t 350.00 .; ;90-34-2 REMOVAL MAST ARM IUPRIGHT AND ARM\ I EA R 650.00 $650.00 .; 690-34-ZA REMOVAL MAST ARM IARM ONLY) 1 EA R 300.00 $300,00 .; 690-34-2B REMOVE MAST ARM (UPRIGHn I EA R $350.00 $350.00 .; 690-40 REMOVE POWER SERVICE 10 EA R $75.00 '750.00 .; 690-50 REMOVE CONTROLLER ASSEMBLY 10 EA R <400.00 '4 000.00 .; 690-55 REMOVE PERMANENT MOUNTED SIGNS (VMS) 1 EA R '400.00 $400.00 .; 690-60 REMOVE VEHICLE DETECrOR ASSEMBLY 4 EA R '15.00 $60.00 .; 690-70 REMOVE PEDESTRIAN DmCTOR ASSEMBLY 40 EA R '20.00 $800.00 .; 690-80 REMOVE SPAN WIRE ASSEMBLY 20 PI R $550.00 $11 000.00 .; 690-90 REMOVE CABLING AND CONDUIT 500 LF R <2.00 . 1 000.00 .; REMOY~IEXISTlNG SIGNAL INTERCONNECT CABLE '0,66 690-91 AERIAL INCLUDING SPANWlRE) 2000 LF R $t 320,00 690-92 REMOVE CABLE UNDERGROUND t5000 LF R $0.58 $8 700,00 690-93 REMOVE SMALL PULL BOX 10 EA R '66.00 $660.00 690-94 REMOVE LARGE PULL BOX 10 EA R <110.00 $t tOO,OO 699+ t A INTERNALLY ILLUMINATED SIGN (6') 20 EA F&J 't 750.00 $35000.00 .; 699-I-t B INTERNALLY ILLUMINATED SIGN (6'\ INSTALL ONLY 40 EA I <325.00 . t3 000.00 .; 699-1-1 C INTERNALLY ILLUMINATED SIGN 8'\ 20 EA F&J '1 850.00 <37000.00 .; 699+1 D INTERNALLY ILLUMINATED SIGN 18'\ INSTALL ONLY 20 EA I $325.00 '6 500.00 .; 700-89-2 LED BlANK.QUT SIGN 130" X 3D") 2 EA F&J '3 000.00 $6000,00 .; 700-89-3 FIBER OPTIC BLANK.QUT SIGN (30" X 30") 6 EA F&J <2800.00 $16800.00 .; 710-11 I~~VE PAVEMENT MARKINGS (PAINT) HYDR08lAST 40 SF R '10,00 W\I1,OO REMOVE PAVEMENT MARKINGS (THERMOPlASTIC) $(0.00 '800.00 711-7 HYDR08lAST SOFt 80 SF R 715- 1-12 CONDUCTORINo.8toNo.6) 200 LF F&J $2.50 '500.00 .; 715-1-13 CONDUCTOR INo. 410 No. 2\ 100 LF F&J "'.00 $400.00 .; '15-5-IlIA\ LUMINAIRE II< BRACKET ARM ALUMINUM 8'\ 80 EA F&J <810.00 $64 800.00 .; 715-5-ItIB\ LUMINAIRE II< 8RACKET ARM ALUMINUM (12' w/36"rise) 40 EA F&J $855.00 $34 200.00 .; 715-5-llIC \ LUMINAIRE II< 8RACKET ARM ALUMINUM (IS' '875.00 wI36"rise\ 20 EA F&J $17 500.00 .; ~"} j .~ ~. ~ I"" . 1 .'1 I - ~.' ~ [!~ ~ i I I I t~ ~g ~."r. ~\ kt fl (.1;""" ii"1 ~\\ ~,;, -'~'i "". Page p- 8A [S., c: ~" '.'." ;;p Le,,'" PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 2009055 BID PROPOSAL I F&I or Install Item Number Description Qty Unit Only Unit Price Total y 715-5.50 LUMINAIRE & BRACKET ARM - REMOVE 10 EA R '90.00 <900.00 v' 786-HI MICROWAVE VEHICLE DETECTION SYSTEM 10 EA F&I <850.00 $8 500.00 v' VIDEO IMAGE DETECTION 1 - CAMERA SYSTEM 786+12-11 AUTOSCDPE) 2 EA F&I '10212.00 $20,424,00 v' VlDEO IMAGE DETECTION I - CAMERA SYSTEM 786-1-12-12 mRtS) 2 EA F&I <9910.00 $19820,00 v' VIDEO IMAGE DETECTION 4 - CAMERA SYSTEM 1 786-1-12-11 AUTOSCOPE' 6 EA F&I i <27 605.00 $165 630,00 v' VlDEO IMAGE DETECTION 4 - CAMERA SYSTEM i 786-H2-12 mRlS\ 6 EA F&I <22 650.00 $135900.00 v' MIC~~WAVE VEHICLE DETECTlON SYSTEM (FURNISH 1 <500.00 786+31 ONLY 4 EA F I $2 000.00 v' VIDEO IMAGF~ DETECTION I - CAMERA SYSTEM I 786+32-lt AUTOSCOPE 2 EA [ <1 400.00 $2 800.00 v' VIDEO IMAGE DETECTION I - CAMERA SYSTEM 786+32-12 mRtS\ 2 EA [ '1400.00 $2800,00 v' VIDEO IMAGE DmCTION 4 ' CAMERA SYSTEM 786-1-32-11 AUTOSCOPE' 2 EA [ <4 500.00 $9 000.00 v' VlDEO IMAGE DETECTION 4 - CAMERA SYSTEM <t45oo.00 ,~- 000 -11 ., 786-1-32-12 ITEPJS\ - -. ; I . ~ ~ .uu y ! 788+2 BI-DlRECTIONAL CONTACT CLOSURE TRANSCEIVER B PI F $t 170.00 $9.360.00 v' TOTAL BASE BID ... ... ... ******* $6,900,557.07 .. ~;')C ,;, " ~. IS! I';." ~l ~." ;:I" A I I ~ Vi tii . I I I' i~' _,.l t"" ~':f' ,'.\' ..'" ']. ~tl-:i, ~l " [;i c \:; .' .,'; ~ Page p- 9A ~'" N ';., [,' t~\l PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) 'ROJECT NUMBER: 2009055 ID PROPOSAL ~.", " (}; , FlU FORI Item Number Description Qty Unit Only Unit Price Total v' CONTINGENT ITEMS 633.221-12 FIBER OPTIC CABLE 12<OUNT FURNISH ONLY 500 LF F <0.46 $230.00 633-221-24 FIBER OPTIC CABLE. 24 COUNT- FURNt5H ONLY 500 Lf F $0,60 $300.00 633-221-48 FIBER OPTIC CABLE, 48 COUNT-FURNISH ONLY 500 LF F <0.80 $400.00 633-221-96 FIBER OPTIC CABLE 96<OUNT FURNISH ONLY 500 LF F $1.50 $750.00 SPAN WIRE ASSEMBLY 'II" HIGH YIELD (SPAN <I 500.00 $1 500.00 634+ 113-IA-HY LENGTH 0' - 250'\ t PI F&I v SPAN WIRE ASSEMBLY"'" HIGH YIELD (SPAN <1 850.00 634+113-1B-HY LENGTH 251' - 350'\ 1 PI F&I $1 850.00 v SPAN WIRE ASSE~~LY '10" HIGH YIELD (SPAN <2 250.00 <2 250.00 634+ 113-IC -HY LENGTH 3S1' .450' t PI F&I v SPAN WIRE ASSEMBLY 'II" HtGH YIELD (SPAN <2650.00 <2 650.00 634+113-1D-HY LENGTH 451' - 550'\ 1 PI F&I v SPAN WIRE ASSEMBLY ('h") (SPAN LENGTH 0' , <2 400.00 <2400,00 634+113-31. 250'\ I PI F&I v SPAN WIRE ASSEMBLY ('h" OR lARGER) (SPAN <2 975.00 <2 975.00 634-4-113-3B LENGTH 251' - 350'\ I PI F&l v -.---"-.. SPAN WIRE ASSEMBLY ('h" OR' LARGER) (SPAN 634+113-3C LENGTH 351' - 450'\ . I PI F&I $3 650.00 $3 650.00 v SPAN WIRE ASSEMBLY (,/," OR lARGER) (SPAN $4 250.00 $4 250.00 534+113-30 LENGTH 451' - 550'\ 1 PI F&I v SPAN WIRE ASSEMBLY ('h" OR lARGER) (SPAN <5 200.00 634+t13-3E LENGTH 551' - 650" I PI F&I $5 200.00 v SPAN WIRE ASSEMBLY ('h" OR lARGER) (SPAN <7 920.00 634+113-3F LENGTH 651' - 750'\ I PI F&I $7920.00 v SPAN WIRE ASSEMBLY (V," OR lARGER) (SPAN <9 480.00 <9480.00 634+113-3G LENGTH 751' - Greater' I PI F&I v 641-2-15:40 PRESTRESSED CONCRm POLE 140' TYPE P-V\ I EA F&I $2 832.00 $2 832.00 v 641-2- t8-50 PRESTRESSED CONCRm POLE ISO' TYPE P-VlIl' I EA F&I $4 600.00 $4 600.00 v PRESTRESSED CONCRm POLE (52' TYPE P- 641-2-19-52 CUSToM DESIGN' I EA F&I $6 721.00 $6 721.00 v PRESTRESSED CONCRm POLE (54' TYPE P- 641'2-19-54 CUSTOM DESIGN' 1 EA F&l $6 805.00 $6 805.00 v PRESTRESSED CONCRm POLE (56' TYPE P- 641-2-19-56 CUSTOM OESIGN\ I EA F&I $6885.00 $6 885.00 v 64H - t 4 STEEL STRAIN POLE [TYPE PS-V1I\ 1 EA F&l $28 000.00 <28 000.00 v 649,i-I5 STEEL STRAIN POLE PE ps-VlIn 1 EA F&l $29 100.00 <29 100.00 v 649-1-16 STEEL STRAIN POLE vPE PS- lX' 1 EA F&l <32 200.00 $32 200.00 v 649-1-17 STEEL STRAIN POLE PE PS- Xl t EA F&I $34 300.00 $34 300.00 v 649-1-t9 STEEL STRAIN POLE (CUSTOM) 1 EA F&I 43 700.00 <43 700.00 v 649-3 H06 MAST ARM ASS'( 01-52136' W/LUM 2 EA F&I 22950.00 <45 900.00 v 649-3H07 MAST ARM ASS'( 03-522 46' WILUM 2 EA F&I 28 300.00 $56 600,00 v 649-3t-l08 MAST ARM AS5Y 05-523 60' WILUM 2 EA F&I $36 650.00 $73 300,00 v 649-31-109 MAST ARM ASSY 06-524 70' 6" Wn UM 2 EA F&I $43 800.00 87600,00 v 649.31-110 MAST ARM ASS'( Ol-Ot OBl36'+36' 1 EA F&I <28 750.00 28 750.00 v 649-31-111 MAST ARM ASS'( 03-01 DBL36'+46' 1 EA F&I 31400.00 31 400.00 v 649-31-112 MAST ARM AS5Y 05-02 DBL36'+ 60' 1 EA F&I 42 550.00 42550.00 v 649-3HI3 MAST ARM ASS'( DBL 06-02 70'6"+36' 1 EA F&I 49 550.00 $49 550.00 v 549-31-114 MAST ARM ASS'( DBL D+04 46'+46' 1 EA F&I $40 200.00 $40 200.00 v 649-31-115 MAST ARM ASS'( DBL 05-04 60'+46' 1 EA F&I $46 450.00 46 450.00 v 649-3H16 MAST ARM AS5Y DBL 06-04 70'6"+46' 1 EA F&I $50450.00 SO 450.00 v 649-31-117 MAST ARM AS5Y DBL OS-OS 60'+60' t EA F&I <5t 600.00 51 600.00 v 649-3H18 MAST ARM ASS'( DBL 06-05 70'6"+60' I EA F&I <53 400.00 $53 400,00 v ~ ~ ~ :'~ ~;Y I I I ITJI.. !fx . I I ii.'! ~ i ~ ii "" W ~f \1,.1.'. fli~.1 Page P-10A [::, PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROjECT NUMBER: 2009055 BIC PROPOSAL IT ti;- M": E~~ I," "Ii' ~ 2: I F&l I ! 1 FORI i Item Number Description Qty Unit Only Unit Price Total y' 649.31-119 MAST ARM ASSY OBL 06-06 70'6"+70'6" 1 EA F&l $58 500,00 '58 500,00 Y 649-31-199-01 MAST ARM ASSY 01-D! OBL 36'+36' W/LUM 1 EA F&l $33 600.00 '33 600,00 Y 649-31-199-02 MAST ARM ASSY 03-01 OBL 46'+36' W/LUM 1 EA F&l $37 500.00 <37500,00 y 649-31-199-03 MAST ARM ASSY D4-D4 OBL 46'+46' W/LUM 1 EA F&l '43 850.00 '43 850,00 Y 649-31-199-04 MAST ARM ASSY 05-02 oBL 60'+36' WILUM 1 EA F&l $45 600.00 545 600,00 Y 649-31-199-05 MAST ARM ASSY 05-05 oBL 60'+60' W/LUM t EA F&l $55950.00 '55950.00 v' 649-31-199-06 MAST ARM ASSY 06-02 oBL 70'6" + 36' W ILUM 1 EA F&l .52 750.00 '52 750.00 Y 649-31-199-07 MAST ARM ASSY 06-04 oBL 70'6"+ 46' W/LUM 1 EA F&l '54 950.00 54950.00 Y 649-31-199-08 MAST ARM ASSY 06-05 oBL 70'6" + 50' W/LUM 1 EA F&l $60 750.00 60 750,00 v' 649-31-199-09 MAST ARM ASSY 07-02 SPEC 1 EA F&l $49 400.00 49 400.00 v' 649-31-199-10 MAST ARM ASSY 07-04 SPEC 1 EA F&l $56 250.00 $56250.00 v' 649-3 1-199-11 MAST ARM ASSY 07-05 SPEC 1 EA F&l $60 tOO.OO $60 tOO.oo v' 649-31-199-12 MAST ARM ASSY 07-06 SPEC 1 EA F&l $62 700.00 <62 700.00 v' 649-31-199-13 MAST ARM ASSY 07-02 SPEC W/LUM 1 EA F&l '56 000.00 <56 000.00 v' 649-31-199-14 MAST ARM ASSY 07-04 SPEC W!LUM 1 EA F&l '58925.00 $58 925.00 Y 649-31-199-15 MAST ARM ASSy07-o5 SPEC W!LUM 1 EA F&l $62 700.00 '62700.00 v' 649-31-199-16 MAST ARM ASSY 07-06 SPEC W!LUM 1 EA F&l $65 600.00 '65600,00 Y 649-31-199-17 MAST ARM ASSY > 78' SPEC 1 EA F&.I $51 950.00 $51 950.00 Y 649-31-199-19 MAST ARM ASSY >78' SPEC W/LUM 1 EA F&l $57550.00 <57550.00 y 649-32-101 MAST ARM ASSY 01-51: 35' F'JRNISH ONLY 1 EA F $15 300.00 'IS 300.00 Y 649-32-102 MAST ARM ASSY 03-52: 46' FURNISH ONLY 1 EA F $18 600.00 '18600,00 Y 649-32-103 MAST ARM ASSY OS-53 60' FURNISH ONLY I EA F $25375.00 '25375.00 Y 649']2-104 . .. MA5T'J\RM"ASSY.Uo-5470"6" 'FORNlSHONty t .EA F $29750;00 '29750.00 Y 649-32-105 MAST ARM ASSY 07-56 78' FURNISH ONLY 1 EA F $30 600,00 $30600.00 v' MAST ARM AS5Y 01-S2t 36' W/LUM FURNISH ONLY $18675,00 $lB 675,001 I 649.32-106 1 EA F v' 649-32-107 MAST ARM ASSY 03-522 46' W!LUM FURNISH ONLY I I EA F 1 $24400,00 124400,001 Y ! i '28 950.001 649-32-108 MAST ARM ASSY 05-523 60' W!LUM FURNISH ONLY 1 EA F $28 950,00 v' MAST ARM ASSY 06-52470' 6" W/LUM FURNISH '35 200.001 649-32-109 ONLY 1 EA F '35200,00 Y MAST ARM ASSY Ol-ot OBL 36'+36' FURNISH ! I 649-32-110 ONLY 1 EA F $22 950,00 $22,950,001 Y I MAST ARM ASSY 03-0t OBL 36'+46' FURNISH <26.650,001 v' I 649-32-111 ONLY I EA F $26650,00 MAST ARM ASSY 05-02 oBL 36"+ 60' FURNISH I I , 649-32-112 ONLY 1 EA F i $35 100,00 $35 100,001 v' I MAST ARM ASSY oBL 06.02 36'+70'6" FURNISH I $40 350,001 649-32-113 ONLY 1 EA F 1 $40 350.00 Y i i - , MAST ARM A5SY oBL 04-D4 46'+46' FURNISH $32 200.001 I I $32 200.00 , 649-32-114 ONLY 1 EA F v' I MAST ARM AS5Y oBL OS-D4 60'+46' FURNISH , 649-3HI5 ONLY 1 EA F $38 500,00 $38 500,001 oj MAST ARM ASSY oBL 06'04 46'+70'6" FURNISH I ! 649-32-116 ONLY 1 EA F 541200.00 $41,200,001 v' MAST ARM ASSY oBl 05-05 60'+60' FURNISH , '42500,00i 649-32-117 ONLY 1 EA F '42 500,00 v' I MAST ARM ASSY 08l 06-05 60'+ 70'6" FURNISH I I oj I 649-32-118 ONLY 1 EA F I '44 050.00 $44 050,00 MAST ARM ASSY 08L 06-06 70'6"+ 70'6" FURNISH I i 1 649-32-119 ONLY 1 EA F $52 300.00 $52 300,00 v' , 649-32-199-01 MAST ARM ASSY 07-02 SPEC FURNISH ONLY 1 EA F $41850.00 $41850,00 v' 649-32-199-02 MAST ARM ASSY 07-04 SPEC FURNISH ONLY 1 EA F $45 850.00 $45850,00 v' 649-32-199-03 MAST ARM ASSY 07-05 SPEC FURNISH ONLY 1 EA F $47 500,00 $47 500.00 Y 649-32-t99-04 MAST ARM ASSY 07-06 SPEC FURNISH ONLY 1 EA F '50 500,00 $50 500.00 v' I MAST ARM ASSY 01-01 oBL 36'+36' W/LUM , 1 , $29700.001 649-32-199-05 FURNISH ONLY 1 EA F I $29,700.001 oj i I!;i.l rr~;i ID' '."f..'.. 1;;: G th\ I ~ ~'.-'''). 'il ..., ..;.., cr..,.".., ti~l . ~ ii I i?i ~~ ~,. :".' ';'I'! ,.:., <//" ~"..' J::"J ''J , t"" ," ,.'.' i-; \' t~,. Page P l1A r\I) ~ m ~., .,"? ..'r ffi ~ i DROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) OJECT NUMBER: 2009055 !D PROPOSAL I I - FIr.I FORI Item Number Desaiption Qty Unit Only Unit Price Total V MAST ARM 1>SS'f 03-01 OBL 46'+36' W/WM s32 150.00 s32 150.00 649.3H99-06 FURNISH ONLY 1 EA F V MAST ARM 1>SS'f [)4-[)4 OBL 46'+46' W/LUM s36 150.00 s36 150.00 649-32-199-07 FURNISH ONLY 1 EA F V MAST ARM 1>S5Y 05-02 OBl60'+36' W/lUM s3B 475.00 s38 475.00 649-32'199-08 FURNISH ONLY 1 EA F V MAST ARM I>SSY OS-OS OBL 60'+60' W/WM $46 t50.00 $46 150.00 649'32-199-09 FURNISH ONLY 1 EA F V MAST ARM I>SSY 06-02 OBl 70'6" + 36' W/lUM <43 750.00 $43 750.00 649-3H99-10 FURNISH ONLY I EA F V MAST ARM A5Sf 06-04 OBl70'6"+46' W/LUM <45600.00 $45600.00 649-32-t99-11 FURNSH ONLY 1 EA F V MAST ARM A5Sf 06-05 OBL 70'6" + GO' W/LUM <48850.00 649-32-199-12 FURNSH ONLY 1 EA F $48 B50.00 V MAST ARM ASS'f 07-02 SPEC W/LUM FURNISH <43 300.00 649-32-199-13 ONLY t EA F $43 300.00 V MAST ARM ASSY 07-04 SPEC W/LUM FURNISH $44 350.00 649-32-t99-14 ONLY 1 EA F $44 350.00 V MAST ARM I>SSY07 -05 SPEC W/LUM FURNISH $47950.00 649-32-199-15 ONLY I EA F $47950.00 .; MAST ARM ASSY 07-Q6 SPEC W/LUM FURNISH --- $50;950;00 $50:950:00 - 649'32'199'10-- '6NLT-~--~--' ._---_.~_.._._- - I EA F -- .\1 649--33.103 MAST ARM ASSY OS-53 GO' INST ONLY tI EA I <10 000.00 $110000.00 .; 49-33-106 MAST ARM ASSY 01-021 36' WtLUM INST ONLY 1 EA I <9 375.00 $9 375.00 .; 649.33- to7 MAST ARM I>SSY 03-522 46' WILUM INST ONLY 1 EA I $9825.00 $9825,00 V 649'33-106 MAST ARM ASSY 05-523 60' W/LUM INST ONLY 1 EA I $ tI 200.00 $11 200.00 V 649'33-109 MAST ARM 1>S5Y 06-524 70' 6" WlLUM INST ONLY I EA I <13 525.00 $13 525,00 V 649-33-110 MAST ARM ASSY 01-51 DBL 36'+36' INST ONLY I EA I <8 GOO.OO $8600.00 .; 649-33-111 MAST ARM I>SSY 03-01 DBL 36'+4/;' INST ONLY 1 EA I <10 125.00 $10 125.00 .; 649-33-112 MAST ARM ASSY 05-02 OBl 36"+ GO' INST ONLY 1 EA I <10875.00 $10875.00 .; 649-33.113 MAST ARM AS5Y OBl 06-02 36'+70'6" INST ONLY 1 EA I <13 185.00 $13 185.00 V 649-33-114 MAST ARM I>SSY OBL D+D4 46'+46' lNSTONLY 1 EA I <13 lSD.DD $13250.00 V 649-33-115 MAST ARM ASSY ost 05-D4 60'+%' INST ONLY I EA I <13 300.00 $13300,00 V 649-33-116 MAST ARM ASSY OBL D6-D4 70'6"+46' INST ONLY I EA I <t3 950.00 $ t3 950.00 V 649-33-117 MAST ARM 1>SS'f OBL 05-05 60'+60' lNSTONlY I EA I <t3 9S0,00 $13 950.00 V 649-33-118 MAST ARM 1>S5Y OBL 06-05 70'6"+60' INSf ONLY l EA I <14 100.00 $14 100.00 v' MAST ARM A5SY OBL 06-06 70'6"+70'6" INST 649-33-119 ONLY 1 EA I <14 200.00 $14 200.00 v' 649-33-199-01 MAST ARM 1>S5Y 07-56 78' INST ONLY t EA I <13 525.00 $t3 525.00 V S<l9-33-199-t MAST ARM 1>S5Y 07-02 SPEC INSf ONLY 1 EA I <16000.00 $16000.00 v' MAST ARM 1>S5Y OS-OS ost 60'+60' W/LUM INST 649-33-199'10 ONLY 1 EA I <14 500.00 $14 500.00 V MAST ARM I>SSY 06-02 OBL 70'6" + 36' W/LUM 649-33-199-11 lNST ONLY 1 EA I <13 500.00 $t3 500.00 v' ~'.t. .lJ i~ ~' .';, ~ r{': -g , i I ';J, f'iI tr~ 1,,; ~~l _M .~J ~'" " ,~ .1'. E'''; ..., :co <~,'j f}!;1 .. 'K % {1: ',d 11)- Page P-l2A [.: , PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) PROJECT NUMBER: 2009055 BID PROpOSAL ; F&I ! 1 FORI I I , yl Item Number Description Qty Unit Only UnitPrlc:e Total MAST ARM ASSY 06-04 DBL 70'6"+46' W/LUM INST 649-33-199-12 ONLY 1 EA I $16000,00 $16000.00 y MAST ARM ASSY D6-DSDBL 70'6" + 60' W/LUM I i 1 649-33-199-13 INST ONLY EA I $16500,00 <16 500,00 Y I ! , 649-33-199-14 MAST ARM ASSY 07.02 SPEC WILUM INST ONLY I i EA [ 1I6 500.00 <16500.00' Y I I 649-33-199- tS MAST ARM ASSY 07-04 SPEC W/LUM INST ONLY 1 EA [ i $16500,00 $16500.00 Y I I I 649-33-199-16 MAST ARM ASSY 07-05 SPEC WILUM INST ONLY 1 EA I I $17500,00 <17500.00 Y MAST ARM ASSY 07,06 SPEC W/LUM INST ONLY $18500,00 H8 500,00 I 649-33-199-17 1 EA I Y . 649-33-199-2 MAST ARM ASSY D7-D4 SPEC INST ONLY I EA I $16 250.00 <16250.00 Y 649-33'199-3 MAST ARM ASSY 07-05 SPEC INST ONLY 1 EA I $ 17 250.00 17250.00 Y 649-33-199-4 MAST ARM ASSY 07-06 SPEC INST ONLY 1 EA I SIB 250.00 18 250,00 Y 649-33'199-5 MAST ARM ASSY > 7B' SPEC INST ONLY I EA I $19 500,00 19500.00 Y MAST ARM ASSY 01-01 DBL 36'+36' W/LUM INST I I 649-33-199-6 ONLY I EA I $9 500.00 <9 500,00 Y I MAST ARM ASSY 03.01 oBL 46'+36' WILUM INST I ! 649-33-199-7 ONLY 1 EA I $ID 500,00 <10500.00 Y 1 MAST ARM ASSY 04-04 oBL 46'+46' W/LUM INST : $13 000.00 <13 000.00 649-33-199-8 ONLY I EA I Y MAST ARM ASS; 05-02 oBL 60'+36' W/LUM INST ! $16000.00 <16 000,00 649-33,199,9 ONLY 1 EA I Y 685-266 ABER OPTIC 5PUONG TRAILER 2 EA F $35 425.00 $70 B50.00 Y 6B5-286 2 POST OPEN FRAME RACK BLACK AN15H 45U 1 EA F $550.00 <550,00 Y 699- H A LED INTERNALLY ILLUMINATED SIGN 16' LED 1 EA F&l <3 150.00 <:i 150,00 Y INTERNALLY ILLUMINATED SIGN (6') INSTALL I I 699+1 BLED ONLY LED I EA I i <1 300,00 <1 300,00 Y 699+1 CLEO INTERNALLY ILLUMINATED SIGN IB' LED t EA F&l 1 $3 450.00 <:i 450,00 v INTERNALLY ILLUMINATED SIGN (B') INSTALL ! I <1500,00 699- HOLED ONLY LED I EA I 1I 500,00 v 715+6 REMOVE CONDUCTOR 100 LF R <1.00 <100.00 v 715+11 CONDUerOR lNo. 10 or smaller) 100 LF F&l <0,75 $75.00 v 715+14 CONDUerOR 'No. t to No. Q) 100 LF F&l $5.00 <500,00 v 715+15 CONDUCTOR INo. 1/0 to No. 3/0) 100 LF F&l $10.00 <1 000.00 v 715-2-12 -40-3 CONDUIT UNDERPVT PVC 5CH 40' 13"1 IDOO LF F&l $13,00 <13 000,00 Y STANDARD lAMPPOST, STANDARD FOUNDATION I <6 500.001 v 715-4-111 40' MOUNTING HEIGHT) I LF F&l i $6 500,00 LUMINAlRE & BRACKET ARM ALUMINUM (12' ! -, 715-5-11 ,Bl wlB4"ri5Ol 2 EA F&l $925,00 <1 B50,001 v I LUMINAlRE & BRACKET ARM ALUMINUM (15' I -j 1 715-5-11 -Cl wlB4"ri5Ol 2 EA F&l $925,00 $1 B50,001 y' i LUMINAlRE & BRACKET ARM ALUMINUM (12' I I 715-5-21-B wl36"ri5Ol 2 EA F $675,00 <1 350.001 v i LUMINAIRE & BRACKET ARM ALUMINUM (12' , 1 7t5-5-21-Bt wIB4"ri5O\ 2 EA F $675.001 $1.350.001 v' ! LUMINAlRE & BRACKET ARM ALUMINUM (15' I ! ! 715-5-21-C ':;'36"ri501 2 EA F <675,00' $1350,00: Y ! LUMINAlRE & BRACKET ARM ALUMINUM (15' I I I !715-S-21-C1 wJ84"rise\ 2 F^. F ""575.00 .--......(10,,1 I 'f>~,....)v.vvi , LUMINAlRE & BRACKET ARM ALUMINUM (12' I 715-5-31-B w/36"ri5O) I 2 EA [ $250,00 S500.001 Y i LUMtNAl:;" & BRACKET ARM ALUMINUM (12' I 715-5-31-BI wl84"rise 2 EA I $250.00 $500.00~ LUMINAlRE & BRACKET ARM ALUMINUM (15' , I 7t5-5-31-C w/36"ri5O\ 2 EA I - $250.001 $500,001 v I i'" f~.l. i!d ,:',il! m.'.... c~i ~CI I', ,.". ",,; ",,",, ';oj ffl.'l 8l I I ~\'j ~".'). .f, ;\, . > ~';i ~~~~ ':~' . I u~.: t~u ~" , -",~ " _~'. .I .' ~.;i U':" f" :.., ,", li:lt ~:i l;:". (", fi~~ ,~. Page P+ 13A ~. '55 .', .~,i ~" '!j rs."." [t, PROJECT NAME: ANNUAL TRAFFIC SIGNAL CONTRACT (PRIMARY) "ROJECT NUMBER: 2009C55 !D PROPOSAL F&.I FORI Item Number Description Qty Unit Only Unit Price Total y LUMINAIRE Ii< BRACKET ARM AWMINUM (15' '250,00 715-S'3I.c1 w/84"rise \ 2 EA I $500.00 v 715-7-l1 LOAD CENTER SECONDARY VOLTAGE1 I EA F&.l $II 050,00 $II 050.00 v 715-10-2 UGtfT POLE FOUNDATION 2 EA F&.l $1150.00 $2 300.00 v 715-10-5 REMOVE UGtfT POLE FOUNDATION I EA R <100.00 '100.00 v 715-IHII-A WMINAIRE ROADWAY COBRA HEAD {ISO WA'TT1 1 EA F&l '625.00 '625.00 v 715-IHII-B LUMINAIRE ROADWAY COBRA HEAD {200 WA'TT1 I EA F&l $625.00 $625.00 v 715-IHII-D LUMINAIRE ROADWAY COBRA HEAD (400 WA'TT1 1 EA F&l $625.00 $625.00 v 715-IHII.c LUMINAIRE ROADWAY COBRA ~ (250 WATTl 1 EA F&l $625.00 $625.00 v 715-IHI2 LUMINAIRE (ROADWAY HIGH M I EA F&l $1 550.00 $1 550.00 v 715- Il-ll3 LUMINAIRE IROADWAY POLE TOP 10 EA F&l $1 300.00 $13 000.00 v 715-Il-II8 WMlNAlRE (ROADWAY FLOOOl I EA F&1 '665.00 $665.00 v 715-Il-500 WMINAIRE ROf>J)WAY (ALL TYPESl I EA R $385.00 $385.00 v 715-14-31 PUU BOX (ROADSIDE\ IINSTAU ONLY\ 1 EA I <175.00 $175.00 v 715-19-tll HIGH MAST UGtfT COMPLETE 180' 1 EA F&.l $45 200.00 <45200.00 v 715-19-600 UGtfT POLE COMPLE I c HIGH MAST (all sizes' I EA R '2 550.00 $2 550.00 v 715-540-000 UGtfT POLE COMPLETE 1 EA R <I 350.00 $1 350.00 v 715-550-000 UGtfT POLE COMPLETE 1 EA RE $1,350.00 $1,350.00 v '--'>" - "-_.. TOTAL CONTINGENT ITEMS ... ... ... ..**.*.. $3 973 033.00 .. GRAND TOTAL ... ... ... ........ $10 B73 590.07 .. r" b~ ~.~ :di o,f; ~ ~ I I R....m'.. {~ ~"', ";i ~ ..; Indicates items to be done by Bidder in accordance with Section 3-6 "General Provisions" . TOTAL bid amount of work to be done by Bidder's own forces: $ PERCENTAGE of the above total based on Total Base Bid: % I The above breaKdown of the related pay items shall be submitted with the bid. Bidders falling to submit said breakdown shall be rejected for reason of being non~responsive, LEGEND: LF . Linear Feet SF - Square Feet SY - Square Yard AS - Assembly PI - Per Installation EA - Ead1 HR - Per Hour ED - Ead1 Day WK - Per Week 1.S . lump Sum (Complete) F&l ' Furinsh Ii< Install F - Furnish Only I - Install Only R - Remove I ~ ~". l~ "J ~'!'., ,~ ,I' k'.' 8 ~rl;. ;~ ~.\ !hi ,'.-~ 'j,,,, ~~. Page P-14A f.i: 'u" . U' ~.fs. .. E.' li~ t.\ ANNUAL TRAFFIC SIGNAL CONTRACT BID NO. 2009055 TOTAL AMOUNT OF BASE BID: $ L~ ~i l.. '1c;:c, ~\~j:}. (In Figures) rr @ tt:S I I f'~l U~ NOTES: 1. This contract shall be awarded for eighteen months and shall commence with the date when the contract is executed by the Board of County Commissioners. 2. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) NAME OF FIRM: * SIGNATURE: C"~<~'0 .'<G""LI-, \_< -rt.. '\1,/"".\ , . (SIgn and Date) --- p. t:.~ ~ . ~~ i I \')\,': I\A""-L ~-\A'--'-;'~\(:C'.-J..;2 (Print SIgnatory's Name) ADDRESS: ..., L C )-",...) \. ,.""\ L"-.'l'.';("- lJy'l'ff' CnY, STATE AND ZIP: , i t:-,':T /")1 L. "" ( r- L ~ 'f "jp Ie- TELEPHONE: ('171) ,"u ~"~'f r,O, V)l tt.r. STATE UCENSE # \'~""-<'\" COUNTY UCENSE # 1("'-'1 (\_);( P-15A ~" ""'! a)1 ,; ~C". ~.:~1 .- RELATED WORK EXPERIENCE ~,o ,...~ '(\~, ~""' This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified, The bidder is to submit the following information with their proposal: fi ~n ('i' .~ A. Experience record showing the bidder has a minimum of three (3) years experience in similar work. B, List a minimum of three (3) references complete with location, dates of contracts, and names, addresses and telephone numbers of owners. List of equipment and facilities available to do the work. ~ c. Failure to submit the above requested information may be cause for rejection of your bid. I I m~ ,n ~;;.~ SUBCONTRACTOR LIST e. ~'l "'.... If a vendor subcontracts any portion of a contract for any reason, he must include, in writing, the name and address of the subcontractor, name of the person to be contacted including telephone number and extent of work to be performed, This information is to be submitted with bid proposal. . Ii I I ~ ~lJ ~.\1.' ~ P-16A r~ lt~ ~i; .<.If ",..) R.".;.' ~ I I I , I CONTRAa (PRIMARY) STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH) This Contract, made this _ day orES 2 4 2~!b. 20-, by and between PALM BEACH COUNTY, a political Subdivision of the State of Florida, (hereinafter called the County), and GERELCO TRAFFIC CONTROLS, INC. of, PORT ST. LUCIE, FL and (his) (its) (their) heirs, successors, executors, administrators and assigns, (hereinafter called the Contractor): R2009 0347 WITNESSETH: The Contractor agrees with the County, for the consideration herein mentioned at his, its or their own proper cost and expense to do all the work and furnish all necessary labor, materials, equipment, machinery, tools, apparatus, services, state workmen's compensation and unemployment compensation taxes incurred in the performance of the contract, for the: ANNUAL TRAFFIC SIGNAL CONTRACT. PALM BEACH COUNTY PROJECT NO. 2009055 IN THE AMOUNTS speCified in task orders which may be issued by the County under Section #23 and the other terms of the Contract Documents. The County is not required to issue any task orders hereunder. The maximum value of orders issued under this Contract shall not, in any case, exceed EIGHT MILUON DOLLARS ($8,000,000) (except as may be increased according to Section 37 of the Contract Specifications). The Contract Documents relative hereto are made a part of this agreement as completely as if set forth herein to the satisfaction of the County or its duly authorized representative. The Contractor further agrees for the consideration herein mentioned to commence the work with adequate forces and equipment within seventy-two (72) hours of the task order being issued for a specific project. After commencement of the work, the task order shall be properly dispatched toward completion, to the satisfaction of the Engineer, and shall be fully complete within the time limit specified in the task order. Should the time limit for completion of the task order exceed the expiration date of the contract, the task order work will continue to completion and the Contractor shall ensure that Bonding and Insurance coverage do not expire until all task orders issued prior to the expiration of this Contract are complete and accepted. It is understood and agreed that the time limit for completion of said work is the essence of the contract and should the Contractor fall to complete the work within the time limit, it is agreed that for such calendar day that any work provided for in these Contract Documents shall remain incomplete after the time limit has expired, including any official extension of the time limit; the sum per day given in the contained SChedules shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages and added expense for supervision. The Contractor shall take into account all contingent work which has to be done by other parties arising from any cause whatsoever, and shall not plead his want of knowledge of such contingent work as an excuse for delay in his work, or for its non-performance. C-1 , , , , , I , , II I , , I . I . ,. . . -. IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed the day and year first written above. ATTEST: SHARON R. BOCK, Clerk and Comptroller . R2009 0347 FEe 2 4 2009 PALM BEACH COUNTY, a Political Subdivision of the State of Florida BOARD cau TY COMMISSIONERS .,.;:~"~~,.,~,\\, .-"'~TY \," -~ lit .f" \\ .........eo '" ::- .' .......~/" . ....,~/'l. ',.- ) :f : 0 --'So- ',f.f)~ e ?fO; . :<.n;: ~ ; COUNTY :_~ ~o: :rJl ? 0;.\ FL OR ID ~ :.;;:/ It 6..... ,.''>)"J ", 0 "'. ....-<>"~ APPROVED AS TO FOR~I'~, ....*..:..;,.~-_: 11\\""",,,, AND- LEGALSUFEIOENCY 1tfnJrn !;~ COUNTY ATTORNEY By: (cy.:;J1A./\ APPROVED AS TO TERMS AND CONomONS ~ re.J- ENGINEERING ATTEST ~ ,.;,::~ '",~ .-."-,,,, ~, ..= r- <-> ---.-;,.... l f\~ c-...-.. ',{e..c:u (Corporate Name) iI'-C V Ice:. ' ~u::::e~\ a H r-Il '.r:::::J:.... corporation (Insert state of corporation) By: ~/ /-(t~ 1Signature) I~ ~J-I.lA. ~_. (Print signatory's name) , mLE (CORPORATE SEAL) It's P-~~ (Print title) C-2 I I I I I I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS 1. INTENT AND SCOPE- The work detailed in these specifications consists of the installation and lor furnishing of traffic signal items, all according to the Florida Department of Transportation's (FDOT) Standard Specifications for Road and Bridge Construction dated 2007(SSRBC-2007), the Design Standards (English Units) dated January 2008 (DS-2008), FDOT Mast Arm Assembly Standards (Supplement Index Nos. 17743, and 17745, the attached Notes and Palm Beach County (PBC) Traffic Signal Design and Construction Typical Drawings for Annual Signal Installation Contract. Where conflicts exist, the Notes and PBC-Typicals shall take precedence over FDOT standard specifications. Installations shall be as shown on plans as presented to the Contractor at the commencement of each project in such amounts, to such locations, at such times as may be designated by the Director of Traffic or his duly appointed representative. All items are to be bid on a unit price basis to establish the price for use on work authorizations (purchase orders) for specific projects. The Contractor should fully understand that the Board of County Commissioners does not hereunder, contract to do any specific amount of work during the contract period. The locations of the traffic signal projects will vary, and may be at any point within the boundaries of Palm Beach County. The Contractor will not be expected to operate his equipment or personnel beyond the limits of Palm Beach County under this contract. For further information, please contact the Director of Traffic at 561-684-4030. 2. REPRESENTATIVE OF THE DIRECTOR OF TRAFFIC The Director of Traffic Division will appoint one or more representatives (an Engineer) to inspect equipment used under this contract, observe personnel employed, artd note the general performance of the Contractor. Any authorization to revoke, alter, enlarge, or relax the conditions of these specifications will be at the discretion of Palm Beach County Director of Traffic Division. The Engineer will have the authority to reject defective equipment, and report on inept personnel, and to suspend any work that is being improperly done, subject to the final decision of the Director of Traffic Division. 3. STANDARD SPECIFICATIONS FOR ROAD & BRIDGE CONSTRUCTION It is the intent of these Specifications that the FDOT Standard Specifications for Road and Bridge Construction dated 2007 be used as the basis for this contract except as amended herein. Such wording as, Department of Transportation and Personnel, is intended to be replaced with that wording which would provide proper terminology, thereby making such Standard Specifications and Special Provisions of Palm Beach County in conjunction with Palm Beach County's personnel. TS-IA I I I I I I I I I a I I I I I I I I I Add the following to the end of Article "4-1 Intent of Contract" of the FDOT SSRBC-2007: Included under "The work covered by this Contract consists of the installation and/or furnishing and/or removal of traffic signal items. No areas will be closed to traffic unless or until approved by the Engineer. During the period or periods that areas are closed to traffic, adequate provisions to control and/or detour traffic will be provided by the Contractor. Traffic control shall be in accordance with FDOT Traffic Control through Work Zones - Index 600 of the Desil!I1 Standards, dated Januarv 2008 for street and highway construction, maintenance, and utility operations, and shall be the responsibility of the Contractor. The job is to be completed in a workmanlike manner and all debris removed within the time of construction. " 4. CONTRACT NOTES I. All materials and equipment supplied and installed on any project shall be, where, applicable, ornlierDOT Approvea ProOtic! ust {APtranarneet the FDOT -Standllid Specifications for Road and Bridge Construction, 2007. All materials and equipment shall be certified. The contractor shall supply certificates when requested by the Engineer. 2. LED's used by the Contractor to be Lumlnation or FDOT approved equivalent. 3. Before any change in the signalization plan shall be effected, the proposed change shall be submitted in writing to the Engineer for approval. 4. The Contractor shall be responsible for the protection of all present utilities that have been located by the various utility companies. He shall also maintain and protect the existing traffic signals and their related equipment from damage caused by subcontractors and employees under his Contract but only to the extent of the Contractor's normal work operation, and he shall not be responsible for routine maintenance, nonnal wear and tear, or an act of God, unless otherwise specified. 5. The Contractor shall be responsible for the adjustment and relocation of any and all traffic control signals and related equipment. A twenty-four (24) hour notice must be given to the Palm Beach County Traffic Division requesting the services of a signal technician to serve in an advisory capacity. 6. The Contractor shall bag all; newly installed signal heads with a heavy duty opaque plastic covering until final inspection and acceptance by the Engineer, unless otherwise specified. If, in the opinion of the Engineer, the new heads would create a hazard condition to motorists, the heads shall not be installed until one (1) hour before turn-on of the new equipment. 7. The Contractor shall provide barricades and warning and detour signs as required in Section 102-Maintenance of Traffic (FDOT specifications). TS-2A I I I I I I I I I I I I I I I I I I I 8. The Contractor shall notify Florida Power and Light Company (FPL) forty-eight (48) hours in advance before setting traffic signal poles. The Contractor shall provide all coordination with FPL necessary to obtain the power for signals. 9. All existing traffic signal controllers, signal heads, and disconnects removed by the Contractor from an existing signal shall be tagged to be delivered to PBC Traffic Operations warehouse. All other equipment at an existing traffic signal will be discarded unless the Engineer, upon his discretion, requests the return of other signal equipment to PBC Traffic Operations warehouse. A representative of Traffic Operations warehouse shall be given twenty-four (24) hour notice before delivery to an approved location by the Engineer. Equipment not Identified to be returned will not be accepted. Identified equipment not returned will result in the withholding of payment to the contractor. Traffic Operation warehouse personnel will issue a receipt to the Contractor for returned equipment. 10. When the Engineer determines that the need for a traffic signal is critical to the public welfare, early "turn-on" of the signal shall be required before the completion of the project. If the need arises, Palm Beach County will assume the responsibility for maintenance and liability, or negotiate with the Contractor for maintenance and liability for such a signal. II. The Engineer may, at any time, authorize Palm Beach County personnel to enter the controller cabinet in order to restore any and all signal equipment to proper operation if the malfunction or non-functioning of such equipment poses a hazard or inconvenience to motorists or pedestrians. Such authorized entry may occur at any time within the period of the Contract and such authorized entry shall in no way relieve the Contactor or Manufacturer of his respective warranties. 12. A Ninety (90) day bum-in period will be required for all electrical or electronic equipment furnished and installed as part of any traffic signal installation or system of traffic control devices. The bum-in shall consist of the field operations of the signalization system in a manner which is in full accordance with the signal operation requirements of the plans and specifications. The bum-in period will commence upon a written conditional acceptance by the Engineer and will terminate 90 consecutive days thereafter, unless an equipment malfunction occurs. The written conditional acceptance of the signal will be granted to the contractor upon completion of final inspection of the signal. See PBC Traffic Signal Inspection Process in Attachment A. The bum-in period will be stopped for the length of time that the equipment is defective. When the equipment is repaired and is functioning properly, the bum-in period will resume from the point in time it was stopped. 13. All traffic signals will be inspected prior to final acceptance for maintenance by Palm Beach County Trafti" Operations. See Palm Beach County Traffic Operations - Signal Inspection Process in Attachment A. 14. During the bum-in period, the Contractor shall restore operation of the installation within four (4) hours after notification of a malfunction, If the Contractor does not respond within TS-3A I I I I I I I I I . I I I I I I I I I four (4) hours, Palm Beach County shall have the option of making the necessary repair and billing the Contractor for the actual time and materials required. 15. When replacing sidewalks or curb and gutters, it shall be the responsibility of the Contractor to reinstall them to match existing color and surface texture. 16. Signal Timing: The Engineer will furnish timing. The Contractor shall notify the County Traffic Engineer forty-eight (48) hours in advance of any requirement for timing. 17. The Contractor shall be required to install all span wire and/or mast arm mounted signing that is called for on any project. All non-powered signs, as required for the traffic signals by the design plans, shall be provided by Palm Beach County. Internally Illuminated Street Name Signs shall be provided by Palm Beach County when item is specified as Install-Only. All mounting hardware and labor for span wire signs shall be included in pay items 634-xxx. All mounting hardware and labor for mast arm signs shall be included in pay items 649-xxx. 18. Where pedestrian pushbuttons are required, the Contractor shall be required to install one or two special signs per button, as provided by Palm Beach County. All mounting hardware and labor for span wire signs shall be included in pay items 634-xxx. All mounting hardware and ..labor.fer-mast'arm-signs"shall'bdncluded in pay items 649"xxx: All rn6urifinjJ;'hardware and labor for pedestal shall be included in pay items 659-107. 19. Signal Activation Scheduling: Scheduling of signal activation is the responsibility of the Engineer. Activation will be scheduled a minimum of seven (7) days after notification that the signal has been placed in flashing mode and inspections by County forces have been completed. The Contractor shall be present and shall conduct the turn-on to full operation in the presence of the Engineer. No activations shall be scheduled on Fridays or weekends unless otherwise approved by the Engineer. 20. The contractor shall provide the requested number of portable 4'x8' variable-message-sign's (VMS) to be located at an appropriate distance in advance of one (1) or more approaches to the intersection as specified by the Engineer one (1) week prior to the scheduled activation to full operation and shall remain in place for one (1) week following activation. Any proposed or necessary schedule change during the seven (7) days prior to scheduled turn-on will be at the determination and discretion of the Engineer. The cost for providing the temporary VMS signs shall be on a daily basis and shall be covered under Pay Item 102-99 20.1. Prior to activation 20.l.A.The VMS message shall be: 20.l.A.l. (Panel One - Line I) "Traffic" 20.I.A.2. (Panel One - Line 2) "Signal" 20.l.A.3. (Panel One - Line 3) "WILL BE" 20.I.AA. (Panel Two - Line I) "ACTIVATED" 20.l.A.5. (Panel Two - Line 2) "ON DA Y' 20.I.A.6. (Panel Two - Line 3) "MONTH XX' 20.l.B.Substitution for the word 'DAY' shall be as follows: 20.l.B.1. Sunday as "SUN" TS-4A I I I I I I I I I I I I I I I I I I I 20.1.8.2. Monday as "MON" 20.1.8,3. Tuesday as "TUES" 20,1.8A. Wednesday as "WED" 20.1.8.5. Thursday as "THUR 20.1.B.6. Friday as "FRl" 20.l.8. 7. Saturday as "SAT" lO.l.C.Substitution for the word 'MONTH' shall be as follows: 20.l.e.1. January as "JAN" 20.I.C.2. February as "FEB" 20.1.e.3. March as "MAR" 20.I.CA. April as "APR" 20.1.e.5. Mayas "MAY" 20,1.e.6. June as "JUN" 20.l.e. 7. July as "JUL" 20.I.C.8. August as "AUG" 20.1.e.9. September as "SEP" 20.I.e.10. October as "OCT" 20.1.C.11. November as "NOV" 20.1 :C.12. DeCember as "DEC" lO.l.D,Substitutlon for 'XX' shall be as follows: The numerical day of the month, from one (l) to thirty-one (31). Dates less than ten (10) shall be preceded by a zero (0); EXAMPLE: "JAN 03" for January 3'd 20.2. After the turn-on, the VMS message shall be changed to: 20.2.l. (Panel One - Line I) "TRAFFIC", 20.2.2. (Panel One - Line 2) "SIGNAL", 20.2.3. (Panel Two - Line I) "NOW", 20.2A. (Panel Two - Line 2) "ACTIVE" NOTE: Panel Two, Line I and Line 2, shall FLASH three (3) times before reverting back to Panel One. 21. The Contractor shall furnish and maintain four (4) new portable cellular telephones to be operated by County Signal Design Staff. The monthly maintenance fees, as well as the minutes charged will be the responsibility of the contractor. Such plans shall provide for the availability of service 24-hours per day, 7-days per week for the duration of this contract and for any time beyond while outstanding and incomplete work authorizations are still in effect. 22. The abbreviations and acronyms used in this contract are as follows: LF Linear Feet SF Square Feet S Y Square Yards CY Cubic Yards AS Assembly PI Per Installation EA Each LS Lump Sum (Complete) F&I Furnish & Install F Furnish-Only I Install-Only R Remove RE Relocate TS-5A I' I I I I I I I I D I I I I I I I I I HR Per Hour MH Man Hour ED Each Day WK Per Week 23. Lightning protection shall be attached to: 23.1. Incoming service 23.2. All signal outputs 23.3. All loop lead-In connections as shown on typical detail: 23.3.1. Service - ACP 340 or equivalent approved by the Engineer 23.3.i1. Loop - SRA 6LCA or equivalent approved by the Engineer 23.3.iii. Cabinet - GE 9LlSECBOOl or Square D J9200-10, or equivalent approved by the Engineer 24. All loop work to be completed in accordance to pay item 660-2-xxx. No loop work shall be permitted during the hours of 6:45 AM to 8:45 AM, and during the hours of 3 :45 PM to 6:30 PM. Nor shall loop work be permitted on days priort()_mator hoI~~ys. 25. Ground rods to be supplied and attached to all signal poles. pedestals, control cabinets and equipment footings and basis according to PBC standard specifications, and Typical Ground Rod Array DetaiL The work and materials for grounding are incidental to items being grounded. Bid Item 620-1-1 "Grounding Electrode" is provided for the case when additional grounding Electrodes may be required. 26. Cable ties must be Thomas and Betts #TY5 72MX with stainless steel self-locking tips or equivalent approved by the Engineer. 27. All threaded parts/assemblies must be treated with anti-seizing compound. 28. Fiber Optic Specifications are listed in Attachment A; SPECIAL SPECIFICA TrONS. 29. All conduit (Bid Items 630-I-x) shall include a 14A WG insulated stranded (THHN) tracer wire and one (1) pull line. Multiple bundle conduit runs (i.e. 2-2") shall require only one (1) tracer per bundle runs and one (1) pull line per conduit in the bundle. 30. All 5-section signal heads included in Bid-Item 650-5x consist of aluminum housing for the top red-indication and poly-housing for the bottom 4 indications (2-yellow and 2-green). 31. Bid Item 400-1-15 - Class-I Concrete (Misc.), wire re-enforced, will be used will be used for pull-box aprons. Aprons can be pre-cast or poured in place. 32. The Contractor shall have access to a 30 ft or lower height auger truck at all times. The contractor shall have access to a lower profile auger truck (s) (LP A T) when requested by the Engineer. The operating height of the LP A T varies from 22 feet to 24 feet depending on the need. Upon receipt of the Work Authorization, the contractor shall make arrangements to reserve the LPAT for the project. TS-6A I I I I I I I I I I I I I I I I I I I 33. All Fiber in Pull Boxes & Cabinets will be Taped at least 6" with the colored electrical tape. The color assignments for the tape indicates the direction which the cable is coming from. Directional color codes for Fiber: BLUE for cable coming from the North. RED for Fiber coming from the South, YELLOW for cable coming from the East, and GREEN far Fiber coming from the West. TS-7A I I I I I I I I I . I I I I I I I I I 6. SPECIAL BlD ITEM NOTES: L Bid Item 102-I-A consists of Maintenance of Traffic for signalization modifications as necessitated by roadway construction. This pay item is for labor and equipment required to construct or modity traffic signals in order to accommodate changing highway geometrics res\llting from on-going construction. In Accordance with FDOT DS-2008 Indices 615, 616. 617, 618, 622, and 628. 2. Bid Item 102-1-8 consists of Maintenance of Traffic - Securing Traffic Signal Poles by use of a crane when drainage construction trenches, excavations, and similar construction necessitate this type of emergency work. A response time of no greater than twelve (12) hours is required. This item will be paid in one (1) hour increments with a four-hour minimum and is to include labor and equipment necessary to accommodate a crane of twenty-five (25) ton minimum. In Accordance with FDOT DS-2008 Indices 615, 618, 622, and 628. 3. Bid Item W2-1-C consists of Maintenance of Traffic for Utlllty locate soft-dig. Non- destructive vacuum excavation. safely exposing utilities using a combination of CQJnPresseJi,anlilacJlum.a1r_.Thls method Is to be used to exposeutllitles and obtain vertical elevation, diameter and materials at a location. Soft-dig depth to be 16 to 19 ft as requested by the engineer. Soft-dig Is to be implemented in accordance with FDOT DS-2008 Indices 615, 616. 617, 618, 622 and 628. 4. Bid Item 102-11 consists of Police assist for Maintenance of Traffic. 5. Bid Item 102-99 consists of Variable Message Signs as described in Note No. 20 of Section 4 "CONTRACT NOTES" listed above in this Technical Specifications document. Price provided In the contract shall be for one sign per day. 6. Bid Item 144-77 FDOT Traffic monitoring Station, Four Lane Divided, 2-way, FDOT SD Index # 17900-"Lane Numbering Convention Detail" - Detail B. Furnish & Install Complete including Cabinet, Piezometers, loops, power service, conduit, and pull boxes. 7. Bid Item 144-78 FDOT Traffic Monitoring Station - Each additional lane. Includes additional Piezometer and two (2) loops including additional cabinet hardware. 8. Bid Item 400-1-15 shall consist of Furnish & Install Class-I concrete (Misc.) - wire re- enforced, with minimum 28-day break strength 3,000 psi. Measured in cubic yards (CY). 9. Bid Item 455-142 - Cross hole Sonic logging test as per FDOT SSRBC-2007. 10. Bid Item 522-1-x consists of cutting concrete or paver-brick sidewalk (in square yard measurements) for the installation of conduit, pull boxes or hand holes. Patch as required to match existing construction. Consists of 4" thick concrete sidewalk when x ~ A, 6" thick concrete sidewalk when x = B, and paver brick repair (remove and replace) when x =C, TS-8A I I I I I I I I I I I I I I I I I I I II. Bid items 620-1-1 consists of furnish & install grounding electrode. See Palm Beach County Typical Sheet T- 4. 12. Bid Items 630-1-11-x consists of galvanized intermediate metal conduit liMe) above ground where 'x' represents the diameter in inches. 13. Bid Items 630-1-12-x consists of PYC (SCH. 40) underground in-trench conduit of 2" diameter when x = 2; 4" diameter when x= 4; 2" split duct of SCH. 40 including 90 degree sweeps and coupling when x=2SD 14. Bid Items 630-1-12-xA consists of an additional PYC (SCH. 40) underground in-same- trench conduit of 2" diameter when x = 2, and 4" diameter when x=4. 15. Bid Items 630-1-12-xi consists of PYC (SCH. 40) underground in-trench conduit of 4" with (3) 1- 'I." HDPE inner-duct when x =4i; and additional 4" conduit in-same-trench with (3) 1- ,(." HDPE inner-duct when x =4iA. 16. Bid Items 630-1-I2-lv consists of HDPE inner-duct of 'I." diameter when y=3; 1" diameter when y=4, and I V,"diameter when y=6. 17. Bid Items 630-1-13-x-v consists of HDPE (SDR 11) directional bore under-pavement conduit of 2" diameter when x = 2; 4" diameter when x = 4; 6" diameter when x=6, and 4" with (3) 1- '/." HDPE inner-duct when x =41. The y represents the number of conduits per directional bore. 18. Bid items 630-1-15-x consists of galvanized bridge mount conduit of 2" diameter when x = 2 and 4" diameter when x = 4. 19. Bid items 630-1-16-x consists of PYC (SCH. 40) open trench in pavement conduit of 2" diameter SCH 40 when x = 2; and 4" HDPE with (3) 1- ,(." HDPE inner-duct when x =41. 20. Bid Items 630-1-19-x consists of galvanized rigid conduit (GRC), jack and bore under rail road tracks. Where 'x' represents the diameter of the conduit in inches. 21. Bid Items 630-1-30-x consists of figure 8 - HDPE inner duct aerial conduit with I 0" diameter when x = 4, 1.25" diameter when x = 5, and 2.0" diameter when x = 8, 22. Bid Items 630-3-x consists of rod ding and cleaning out existing conduit. 23. Bid Item 632-6-I-x is signal cable in linear feet where 'x' represents the number of conductors. 24. Bid !tern 632-7-I-lx defines the span length range for signal cable where 'x' defines the beginning (from) and ending (to) range in linear feet (LF). For x = A defines the range of signal cable from 0 to 250' B defines the range of signal cable from 251 to 350' C defines the range of signal cable from 351 to 450' D defines the range of signal cable from 451 to 550' TS-9A I I I I I I I I I a I I I I I I I ~ I E defines the range of signal cable from 551 to 650' F defines the range of signal cable from 651 to 750' G defines the range of signal cable from 751 and greater Traffic signal cable shall meet the minimum requirements per IMSA - 1119-1-1984 nineteen (19) strand specification. All vehicle span wire mounted signal cable shall be a minimum nineteen (19) conductor cable, and color-coded to meet the latest IMSA specifications. NO SPLICES are allowed in any signal cable per FDOT specification B- 632-3. Signal cable entering disconnect hangers or service head shall have a ten (10) inch drip coil, two turns. 25. Bid Item 632-7-1-x is pedestrian signal cable per intersection where 'x' represents the number of conductors. Pedestrian signal cable shall be run separately. NO SPLICES are allowed in any signal cable per FDOT specification B-632-3. 26. Bid Items 633-11 I-x are Furnish and Install aerial FSM fiber optic cable consisting of 12 counts when x = 12,24 count when x = 24; 48 count when x = 48; and 96 count when x = 96. Aerial fiber cable to be installed with \1," minimum messenger cable. .- 27: Bid Items 633~1'21-xire- Frimisli aridulnstall underground FSM fiber optic cable consisting of 12 counts when x = 12; 24 count when x = 24; 48 count when x = 48; and 96 count when x = 96. 28. Bid Items 633-31 I-x are Install only aerial FSM fiber optic cable consisting of 12 counts when x = 12; 24 count when x = 24; 48 count when x = 48; and 96 count when x = 96. 29. Bid Items 633-321-x are Install only underground FSM fiber optic cable consisting of 12 counts when x = 12; 24 count when x = 24; 48 count when x = 48; and 96 count when x = 96. 30. Bid Items 633-421-x are Furnish and Install direct bury in saw cut FSM fiber optic cable consisting of 12 counts when x = 12; 24 count when x = 24; 48 count when x = 48; and 96 count when x = 96. 3l. Bid !terns 633-7-x Terminations. Consists of fiber optic patch cable panel enclosure and splice tray, rack mount. The x refers to fiber cable count. For example, parts currently used by the County for a 12-count fiber optic drop into a controller box include: Part # 3M 8423 3M 8406-TS 3M 8499-W 3M 2522 3M 2521-F 12 3M 2170 12 Varies · 12 TS-lOA I I I 5 I I I I I I I I I I I I I I I · Palm Beach County currently uses Part # DO I G-3 UOO-1M, manufactured by Fibertron (use the same or approved eauivalent). 32. Bid !terns 633-9-x consists of fiber optic fusion splice. The fusion splice shall meet the requirements of SlEeOR LID (Light infusion detection) system. The x refers to the fiber cable counts. All Fiber Optic installation shall be complete including OTDR testing (Made Operationally Complete). 33. Bid !tern 634-4-113-NX- defines the span length range for span wire assembly. All support cable shall be galvanized steel (A-475-72), 1 x 7 strand class A coating with Seimen Martin grade flexibility. All cable to be 3/8" inch diameter when N=l, 7/16 inch diameter when N=2. and Y, inch or larger diameter when N=3. Drop cable which may be 1/4 inch (Steel, Galvanized - 6950 pounds.) (See Signal Typicals). Where x defines the beginning (from) and ending (to) range in linear feet (LF) of the span length: For x = A defines the range of signal cable from 0 to 250' B defines the range of signal cable from 25 i to 350' C defines the range of signal cable from 351 to 450' D defines iherange of signal cable from 451 to 550' E defines the range of signal cable from 551 to 650' F defines the range of signal cable from 651 to 750' G defines the range of signal cable from 751 and greater 34. Bid Item 634-4-t13-lx-HY defines 3/8"high yield span wire assembly for bid item 634- [13-lx. 35. Bid Item 635-1-12 is an aerial junction box. 36. Bid Item 635-1-15A is a polymer, split-lid (two (2) piece ) large pull box with dimensions 30" x 48" x 24" deep, with heavy duty cover embossed with the word TRAFFIC. 37. Bid Item 635-1-ISB is a polymer, pull box with dimensions 17" x 30" x 12" deep, with a heavy duty cover embossed with the word TRAFFIC. 38. Bid Item 635-1-1SB-S is a special polymer traffic load bearing, pull box with dimensions 17" x 30" x 12" deep, with a traffic load bearing heavy duty cover embossed with the word TRAFFIC. 39. Bid Item 635-1-ISC is a polymer, heavy duty pull box with dimensions iT' x 30" x IS" deep, with a heavy duty cover embossed with the word TRAFFIC 40. Bid Item 635-1-ISD is a polymer, heavy duty pull box with dimensions I T' x JO" x 24" deep, with a heavy duty cover embossed with the word TRAFFIC. TS-lIA I I I I I I I I I I i I I I I I I I I 41. Bid Item 639-x shall include an electrical power service. The size of the feeder conductors shall be such that the voltage drop will not exceed 2'1, % of supply voltage at the final distribution point. The service wire shall be XHHW. No service conductors shall be smaller than #6 A WG. 42. Bid Items 2i!::! and 643-1 shall include guying concrete strain poles and Guying wood strain poles. The guy wire includes down guy marker, full rounded yellow. 1.5" in diameter and 8 ft long. 43. Bid Items 641-2-AB-YY shall include furnish & Install pre-stressed concrete pole with foundations. This item includes concrete foundations, ground rods, and all other appurtenances required for a complete installation in accordance with the concrete pole detail tabulation, and appropriate FDOT specifications. The concrete foundations shall adhere to the Signal Typicals, providing a minimum of three cubic yards per pole, standard 2,500 PSI strength, verified by a copy of delivery receipt. To maintain hole integrity once excavated, 48" tunnel liners are to be utilized in all pole installations, unless waived by the County. The Contractor shall be responsible for establishing the rake as specified by the pole manufacturer in relation to the load placed on the poles at the time ofiI1s.~.II~!~n. The pole ~cl~sifie~ asfoIlows: YY = Length of Pole 44. Bid Item 649-I-AB are Furnish & Install steel strain pole which include pole, concrete foundations, anchor bolts, ground rods, and related appurtenances required for a complete installation in accordance with FDOT Steel Strain Pole Standards (Index # 17723) defined In Desl n Standards TS-12A I I I I I I I I I I i . I I 8 I I I I 45. Bid Item 649-3lxxx are Furnish & Install mast arm which includes pole, ann, concrete foundations, anchor bolts, ground rods, and related appurtenances required for a complete installation in accordance with FOOT Mast Arm Assembly Standards. The mast ann assemblies shall be powder-coated per specification listed in Attachment A, unless otherwise noted. When Mast Arm is specified to be equipped with lumina ire, this item includes Mast Arm, luminaire bracket, cobra head luminaire (wattage as indicated on plans, wiring, control and all incidental hardware necessary for proper installation. 46. Bid [tern 649-33xxx are Install-Only mast arm which includes concrete foundations, anchor bolts, ground rods, and related appurtenances required for a complete installation in accordance with FOOT Mast Ann Assembly Standards. The Contractor shall provide soils analysis and foundation design. The mast arm assemblies shall be powder-coated per the attached specification unless otherwise noted. The Contractor shall have access to low profile auger truck(s) when specified by Engineer, at no additional cost to County. 47. Bid Item 649-4 Use of a Low Profile Auger Truck (LPAT) for foundation drilling. The cost for providing the LPAT shall be on a unit basis per each drilled shaft foundation (as per contract note 32). 48. Bid Item 650-5x includes traffic signal heads. Traffic sIgnal head Includes signal housing and LED lenses. This items shall adhere to the Signal Typicals and the following specifications: I. There shall be provided by the manufacturer of traffic signal heads, a method of positive locking. The method used shall prevent any misalignment due to high winds or objects which may come in contact with the signal head. Signal heads shall be cast aluminum with stainless steel door hinges, locking nuts, and washers. All signal indications (Red, Yellow, Green, and Pedestrian) shall be LED and FDOT and lTE approved as per attached specifications, unless otherwise specified. When all signal heads are assembled, no section shall be inverted. The signal head bodies shall be tlat black, with tlat black faces and tunnel visors. All signal head bodies at a given intersection shall be the same color. 2. All Green, Yellow, Red, and Pedestrian lenses shall be LED. However, the following specification is included in the event that for some unanticipated reason, glass lenses, retlectors, and incandescent lamps may be needed instead of LED. i. Lenses shall be glass. Lenses and reflectors shall be FOOT and lTE approved. ii. Incandescent lamps shall meet or exceed the beam candle power specifications of the Institute of Traffic Engineers Technical Repott No. 1 (latest revision) and the American Standards Association (D-IO-I-1958 UNDO 656,057) or lalest revisions. Durotest or General Electric i 35 watt gas-filled Signal Lamps shall be used, unless written authorizatlon is obtained from the Engineer. 3. The bid price of traffic signal heads for span-wire signals shall include disconnects and hangers according to Note 50 (Bid Item 659-x03) below. TS-I3A I I I I I I I I I I , I I I i I I I I 4. The bid price of traffic signal heads for Mast Arm signals shall include signal hangers according to Note 50 (Bid Item 659-x21-y) below. 49. Bid !tern 653-19x shall be a HandlCountlPerson display comprised of LEOs, and shall comply with ITE and FOOT specifications, for count-down pedestrian signals, Signal Typicals, and the attached specifications., 50. Bid Item 659-x03 consists a disconnect hanger, an empty disconnect hanger housing (for future use), stainless steel thumb screw (5/16") and terminal block machine screws. The disconnect shall be flat black in color, and shall be provided for all signal heads. This includes furnish and install when x=I, furnish only when x=2, and install only when x=3. The disconnect shall include the following (see Signal Typicals for details): I. Single door type with drop connections make with W' galvanized cable. 2. One SE-I006 terminal block. 3. One SE-lOI2 terminal block. 4, Disconnect wiring harness. 5. Disconnect hanger housing, 6. Disconnect wiring. 7: .Positivlnockmg oIl1iTh-:-~_m. 8. Stainless steel hinge pins and locking screws. 9. Signal cable entering disconnect hanger or service head shall have 10" drip coil, two turns. 10. Capable or holding one 12 and one 6 terminal block for a total of 18 terminals, tapped for #10-24 screws. II. Housing to take tristud adapters 1156T with nylocks, and tapped for #1/4-20 square head set screws. 12. Shall have two separate aluminum adjustable locking bars. 13. Doors must be hinged to open horizontally, on two stainless pins. 14. Disconnect hanger housing and door must be high tensile cast aluminum. The door must lock in place with stainless steel thumbscrews and must be watertight. Thumbscrews must have shoulder. Hinges and all hardware shall be stainless steel. 15. The finish shall be chromate primer, baked enamel. 16. The terminal block mounting stud shall be threaded to take four. #10-24xl" Phillips screws. 17. The hanger must have a minimum of300 cubic inches or working space on the inside housing. The bid price of traffic signal heads for span-wire signals shall include disconnects and hangers. 51. Bid Item 659-x21-v consists of mast ann signal hanger, vertical & horizontal brackets, required to attach signal heads to mast ann structures and includes all required hardware. Pipe and plate of bracket are aluminum and hanging cable and hardware are stainless steeL Pipe length shall be adequate to hold a 4-section head per Palm Beach County Standards. This includes furnish and install when x=l; furnish only when x=2; and install only when x=3. The bracket is one-way when y=!; two-way (2way) when y=2; three-way (3way) when y=3; four-way (4way) when y=4. TS-14A I I I I I I I I I I I I I I I I I I I The Bid price of traffic signal heads for mast arms shall include all the hardware and hanger for horizontal and vertical mast arm installations. 52. Bid Item 659-107 Aluminum pedestal complete consists of 20' (adjusted to required height) and 4" in diameter pole, pole base. foundation, rebar, conduit and anchor bolts. 53. Bid Item 660-1-x furnish and install a detector amplifier as listed in the attached special specifications for traffic control assembly. The detector amplifier shall provide normal/presence detection with delay/extend capability. Work EXCLUDES any additional harness. MS connector, and any additional internal cabinet wiring. Work INCLUDES making the detector operational as per plans and adjusting settings (presence/pulse, frequency/sensitivity, normal/delay/extend) as necessary and testing to verify that the loop detector is operationaL A detector shall consist of a 2-channel TS-2 rack mount when x=O; and I-channel TS-l shelf mount when x= 1. 54. Bid Item 660-2-x is an Inductance loop detector complete, including Installation of I.o.o.p wire. '.. saw..cut.. sealant, lead-ln,.ll!l!lj!lJ:JlvlduaUe_~.dd,n-per loop_ to cabinet. Lead- Iii-slack-of 6' coif per lead 10 the pull box (If applicable) and 6' coli in the cabinet for each lead-in. Color coding and labeling of the loops shall be provided In all cases (minimum depth of saw cuts of 2"). The loop wire shall be #14 A WG XHHW. The loop lead-in wire shall be #16 A WG shielded twisted stranded, tinned copper. It shall be Carol-Part # C2553.41.01 or equivalent. Western Union Splicing connector shall be used as shown on PBC Traffic Signal Typicals, Page T-2. with 3M-Part # 85725 electrical tape Coating. Sealant shall be liquid tar (step asphalt hot type 4). 55. Bid Item 660-2-102 refers to loop assembly Type B with a dimension of 6' X 6', See Signal Typicals. 56. Bid Item 660-2-102-A refers to advanced loop assembly Type B with a longitudinal dimension of 6' and a width equal to the roadway width minus 2' from each edge of pavement. See Signal Typicals. 57. Bid Item 660-2-106-x refers to Loop Assembly Type F with width of 6' and a longitudinal dimension of26' when x = A; and 46' when x = B. See Signal Typicals. 58. Bid Item 670-5-110 shall consist of Naztec TS-2 Type I or TS-2 Type 2. See attached specifications and PBC Typicals for controller assembly types including a base mount foundation. 59. Bid Item 676-xlO-61 and 676-xlO-62 consist of HUB SITE Cabinet. Controller cabinet fabricated with 5052 Aluminum, 0.125 thick-powder coat paint - fabrication including insulation as per specification - doors and dimensions as specified. Each cabinet shall contain the following: . NEMA (Traffic Control Assembly) Power Panel . Lightning Suppression . 8-outlets (Four (4) GFI and Four (4) Standard) TS-15A I I I I I I I I I I i 1 I I I I I I I . 1-19" Rack for 24" cabinet . 2-19" Racks for 48" cabinet . Lights (2 Florescent lights for 24" cabinet and 4 Florescent lights for 48" cabinet) . Two (2) Thermostatically controlled fans . Filters (one per door) All electrical equipment and wiring by others. See details in Attachment A; Special Specifications. This items is Furnish & Install when x = I; and Furnish-Only when x=2. 60. Bid Item 681-20x (x from 0 to 9) consist of Furnish-only, Ceramic Fiber Optic SM Patch Cable. Length and connector as specified in each bid item. 61. Bid Item 681-210 consists of Furnish-only, Copper Patch Cable, CAT 5E-568A, Standard, Gray, I m long. 62. Bid Item 681-211 consists of Furnish-only, Copper Patch Cable, CAT 5E-S68B, Cross- over, Yellow, 1 m long. 63. Bid Item 699-1-Ix shall consist of furnishing and installing internally illuminated street name signs and all necessary hard-,yar.e_ (sll-"h as_b~c~!Umg.'>:Yiri!1gLfor a_complete ItistalIahon. The Contractor shall provide the sign face material to the Palm Beach County Sign Shop, which will apply the lettering prior to the Contractor's installation of the sign assembly. Where the bid item is noted as "Install Only", Palm Beach County will provide the signs and brackets, and the Contractor will provide the labor to install the signs and necessary wiring for a complete installation. The signs shall adhere to the specifications attached. 64. Bid Item 700-89-2 Furnish & Install 30"x30" LED Blankout sign. Transportation Control System (TCS LED BO No Turn on Red), Southern Manufacturing, or equal. 65. Bid Item 700-89-3 Furnish & Install 30"x30" Fiber Optic Blankout sign. National Sign & Signals ( No right turn symbol FOBO 3030 L, FOBO 3030 R), Southern Manufacturing, or equal. 66. Bid Item 715-I-Ix Consists of Furnish and Install Cross-linked polyethylene copper cable size as specified on the plans. 67. Bid Item 715-4-xxx Light Pole Complete - Consists of Furnish and Install are Furnish & Install Light Pole complete which includes pole, arm, concrete foundations, cobra head Iuminaire (wattage as indicated on plans), wiring, control, anchor bolts, grounding and related appurtenances required for a complete installation in accordance with FDOT Standard Roadway Aluminum Lighting. 68. Bid Item 715-5-xx Luminaire and Bracket arm. This item consists of Furnish and Install GE Cobra Head fixture (see detail in Attachment A), which includes ISO, 200, 250, or 400 watt bulbs (as per Engineering plan). High pressure sodium, power door, Semi-cut off and cut off, multi voltage fixture. The bracket arm is to be TS-16A I I I I I I I I I I i I I I I I I , I equivalent to Hapco 67524, slip fitting electrical aluminum. The Contractor shall provide the necessary service wire, circuit breaker andlor box, photo-electric control (PEC), weather heads, lightning arrester, and conduit risers with associated hardware. This item Includes one luminalre and bracket arm each. For xx = A provide 8ft arm, B provide 12 ft arm with 36" rise, Bl provide 12 ft arm with 84" rise, C provide 15 ft arm with 36" rise, and CI provide 15 ft arm with 84" rise. 69. Bid Item 715-7-xx Consists of Furnish and Install a complete service assembly as per plan and service specification (Load Center), 70, Bid Item 715-10-x Consists of Furnish and Install light pole foundation, anchor bolts, washers as per plans and standard indexes. includes all components listed in the design standards and conduit and conductors for the service, 71. Bid Item 715-11-xxx This Item consists of Furnish and Installluminalre only. The Luminalr Is GE Cobra Head fixture (see detail in Attachment A), which includes 150, 200, 250, or 400 watt bulbs (as per Engineering plan). High pressure sodium, power door, Semi-cut off and cut off, multi voltage fixture. 72. Bid Iteni786-1-fConsists of Furnishing and/or Installing Microwave Vehicle Detection System Naztec Accuwave (see details in Attachment A) or as specified on the plans. Installation shall include wiring, mounting hardware, and all necessary hardware. 73. Bid Item 786-I-X2-Z1 Consists of furnishing and Installlng lor Install-only Video detection system AutoScope by EconoUte - TS2 version. Installation shall include wiring, mounting and all necessary hardware. All PBC new cabinets are TS2, thus all AutoScope Vehicle Detection System must be hooked up as TS2 (SDLC). The following are the Specs for the AutoScope: 1. AUTOSCOPE SOLO TERRA sensor (camera) 3 wire hook up. Minimum one per approach. 2. Camera wiring must be homerun directly back to the controller cabinet. 3. Astro-Camera-Brac, Mast Arm Mount 74" Tube. 4. Side of Pole Camera mount. SH-0527-12. 5. ASTCBL I-Tip to Tip Connection Cable. 6. ATIPl Terra Interface Panel for NEMA Cabinet (Tip) 7. 34909Gl Shelf mount enclosure with 34974Pl120V AC Power This items is Furnish & Install when x = 1; and Install -Only when x=3. When Z=I it is one (I) camera system and when Z=4 it is four (4) camera system. See details in Attachment A 74. Bid Hem 786-I-X2-Z1 Consists of furnishing and Installlng lor install-only Video detection system Iteris TS2 Model. Installation shall include wiring, mounting and all necessary hardware. All PBC new cabinets are TS2, thus all Iteris Vehicle Detection System must be hooked up as TS2 (SDLC). This items is Furnish & Install when x = 1; and Install-Only when x=3. When Z=I it is one (1) camera system and when Z=4 it is four (4) camera system. See details in Attachment A. TS-17A I I I I I I I I I I i I I I I I I I I 75. Bid Item 634-4-104 defines 1/4"hlgh yield span wire assembly for communication cable support. 76. Bid Item 685-261 consists of RUGGEDCOM Industrially Hardened Ethernet Switch, RSG2100 19-Port Modular Managed Ethernet switch with Gigabit Uplink Ports. See details in Attachment A 77. Bid Item 68s:.262-x consists of RUGGEDCOM Switch, RS900 9-Port Managed Ethernet switch with Fiber Optic uplink. When x=2 It is with 2 fiber ports, and when x= 3 it Is 3 fiber ports. See details in Attachment A 78. Bid Item 685-266 shall consist of Furnishing-only Fiber Optic Splicing Trailer as per specifications listed in Attachment A 79. Bid Item 685-173 CORETEC Digital Video Encoder VCX-2400 Series (see details in Attachment A). 80. Bid Item 78~-1:2 Co~'!~~~t.s~.<lf fUl"nlsh~~IYJ!!':~\j.re~t\jmID contact_closure transceiver, tWo (2) units per installation. TS-18A I I I 8 I I I I I I I I I I I I I I I 7. WARRANTY AND MATERIAL CERTIFICATIONS Mast Arm combinations shall be free from defects in material and workmanship for a period of one year from the date of final Inspection and acceptance by the County. Copies of manufacturer's warranties shall be submitted upon invoicing of all products, including material certifications. 8. PRICE ADJUSTMENTS At the discretion of Palm Beach County - County Engineer, price adjustments per project may be allowed up to the percentage increase or decrease of the cost of Furnish-and-Install and Furnish-Only items by the contractor. The percent increase or decrease shall be twenty five percent (25%) of the Furnish-and-Install items, and fifty percent (50%) of the Furnish-Only items, of the change in the cost of HD Galvanized Coil, as published by MEPS as compared to the August 2008 price of $1438/ton. (Check web site: at: httD://www.meDs.co.uk/index.htm. or direct link at: hllo://www.meDs.co.uk/N.Amer%20Price.htm.) Example: 1- August 2008 price Future new price Adjustmenfallowed = $ 1438 = $ 1020 = ($1620 - 1438) /1438 X 0.25 = - 7.3 % (7.3 % decrease in price) 2- August 2008 price = $ 1438 New Future new price = $ 1730 Adjustment allowed = ($1730 - 1438) /1438 X 0.25 = 5.1 % (5.1 % increase in price) Contractor shall provide thirty (30) days written notice to Pam Beach County and written approval from Palm Beach County is required for cost increase. Price bid shall be effective without change for one hundred and eighty days (180) after the (commencement of) contract before an adjustment may be considered. 9. INVOICING AND PAYMENT The Contractor shall submit only rwo invoices per job; one partial and one finaL Palm Beach County Traffic Division will review the invoices and issue a payment authorization for each of the Partial and Final invoices. The final payment authorization will be issued only after the final inspection of the job has been completed and approved by the County designated engineer. The total project cost in the final invoice shall not exceed the initial cost estimate ofthe job listed in the bid-tab associated with the job work authorization and the cost of the change orders. All change orders shall be signed by the County designated engineer. c ;\pbc\conlraCI documents\2008\contract_) ,doc TS-19A 560 N.w. Enterprise Drive Port St. Lucie, FL 34986 (772) 340-7474, ext # 210 (772) 340-7475 mhawthome@aerelco.com To: City of Boynton Beach Contact: Andrew P. Mack. P.E. Address: Public WorkslEngineering Division Phone: (561) 742-6962 Fax: (561) 742.6265 Project Name: Gateway Blvd. & Quantum Blvd. SIgnalization Bid Number: 09071001 Project Location: Intersection of Gateway Blvd. & Quantum Blvd. Bid Date: 6/24/2009 Boynton Beach, Palm Beach County FIN#: N/A The information contained In this electronic transmission (to indude any accompanying atlachmanls)ls Intended soley for lit;; authorized reclplent(s) and may be confidential or legally prlvlledged, If you are not the Intended recipient or responsible for delivering some or aU of this transmission to an Intended recipient, you have received this transmission In error and are hereby notified that your are restricted from reading, printing, distributing or disclosing any of the information contained in it. In that event. please contact us Immediately at (772) 340-7474 ext 210 ad delete the original and all copies of this transmission. Estimated Item # Pa Item Descrl tion Quan' U1M Unit Price Total Price Roadway Items Mobillzallon $ 10.000.00 Maintenance ofTrafflc $ 7.650.00 '$ 17,650;00 Traffic Signalization Items 9 630-1-11 Sl9nals. Conduit (F&I) Aboveground 20 LF $ 14,75 $" 295,00 10 630.1-12 Sl9nals, Conduit (F&I) U/G 2" PVC Sch.#40 396 LF $ 4.50 $,/ 1.762.00 11 630-1-13 Signals, Conduit (F&I) UIP 2" 13.5 HOPE 510 LF $ 9.75 $/ 4,972.50 12 630.1.22 Si9nals, Conduit (F&I) Add'I2"Condult 1,405 LF $ 2.50 $ 3.512.50 1 13 632.7-1 SI9nals, Cable (F&I) 1 PI $ 3,450.00 $./ 3.450.00 14 633-4-112 Signals, Fiber Opllc Conduit (F&i) U/G 50 LF $ 4,50 $./ 225,00 15 633-4-113 Sl9nals. Fiber Optic Conduit (F&i) U/P 150 LF $ 9.75 $/ 1.462,50 16 633-4-122 Slgnais. Fiber Optic Conduit (F&I) U/G 150 LF $ 4,50 $ 675.00 1- 17 633-5:1 Signals, Fiber Optic Pull Box (F&I) 2 EA $ 945.00 $ 1.690.00 2 16 635.1-11 Pull & Junction Boxes (F&I) TRAFFIC 16 EA $ - 34<l.00 $""-- 5.440.00 19 639.1.22 Electrical Power Service (F&i) U/G 1 AS $ - 650,00 $v 650,00 ( Purchased from FPL ) 20 639-2-1 Electrtcal Service Wire (F&I) #6 200 LF $ 1.25 $V 250.00 21 641-2-12 Prestressed Concrete Pole (F&I) P-lI Service 1 EA $ 651.00. $/ 651.00 22 649-31-102 MIA Assm (F&I) (150 WIBP) 891 Arm wIn Lum (46') 1 AS $ 19.65D<00 $/ 19.650.00 23 649-31-103 MIA Assm (F&l) (150 WIBP) 5g1 Arm w/o Lum (601 1 AS $ 27.725.00 $ v 27,725.00 24 649-31-104 MIA Assm (F&I) (150 WIBP) Sgl Arm w/o Lum ( 70.5) 2 AS $ 33,290,00 $ / 66,560,00 25 650-51-311 TIS Assm (F&I) 3-S:1-W ( STD ) 6 AS $ 700,00 $/ 4.200,00 26 650.51-511 TIS Assm (F&I) 5.S Cluster:l-W (STD) 4 AS $ 1,100.00 $ v 4.400.00 27 653-191 SI9nal . PED (F&I) LED Countdown (1-W) 2 AS $ 720.00 $'/ 1.440.00 26 653-192 Signal, PED ( F&I) LED Countdwon ( 2-W ) 2 AS $ 1.350.00 $v 2.700.00 29 659-107 TIS Aux (F&I) Aluminum Pedestal 4 EA $ 750,00 $ ,/ 3,000.00 30 663-74-11 Vehicle Detector Assm ( Optical) (F&I) 1 EA $ 27,605.00 $ 27.605.00 1 31 665-11 PED Detector (F&i) Pole Mounted 6 EA $ 105,00 $v 630,00 32 670.5-110 Traffic Controller Assm (F&I) NEMA 1 AS $ 21,550,00 ov 21,550.00 33 676+110 Controller Acces (F&I) Type IV Time Switch 1 EA $ 750.00 $ 750.00 -Z 34 665.106 Sys Aux (F&I) UPS 1 EA $ 450.00 $ 450.00 ; 35 665.120 Sys Aux (F&I) Telemetry Transclever 1 EA $ 3,500.00 $ 3,500,00 0 36 665.128 Sys Aux (F&I) Interface Panel 1 EA $ 2,750.00 $ 2,750.00 37 699-1.1 Sign, Internally lIIuminated (F&I) GATEWAY 2 EA $ 1,750.00 $ ,/ 3.500.00 E-x/-I-iI3; T \ lIS // To: Address: City of Boynton Beach Public Works/Engineering Division Contact: Phone: Fax: Bid Number: Bid Date: -'--~--'-_._'-'--" Andrew P < Mack, P E ( (561) 742-6982 (561) 742-6285 Project Name: Project Location: 09071001 R/24/2009 NJA I 3,500.00 219,385,50 Total Proposal Amount $ 237,035.50 Proposal Notes: This is issued with the understanding that the above pricing wlll transmIt to a Unit-Price Contract Agreement. Pricing is based upon the Palm Beach County Annual Signal Contract The foHowing items are not 1n the County's Annual Contract: 101.1,630.1-22,678-1.110,685-106,685.120 & 665.128. Notes: "Our proposal Is valid for 30 days following ttle dl!lte of bid submissIon. Exceptlons maybe granted upon request ^The above quotatIon Is based on reasonable interpretation ot the available Contract Documents, Plans, Specifications, Special ProvisionS" Genaral Notes and Addenda where applicable, ~Local power company impact fees, permit fees, permitting and surveying are not included. ^Acts of God and Unforsaen Conditions will not be the responsibility of GerelcQ Traffic Controls, Inc. If Builders InsuranCE- is reqUired. Gerelco Traffic Gonltols, jnc can provide a proposal for coverage. ^Costs and Scheduling impacts to project resulling from utlilty conflicts. either underground or overhead, will not be the responslblllty of Gerelco Traffic Controls, Inc. "Preparation of Shop drawings and submittals generally take 30-45 days following the issuance 01 a notice 10 proceed under usual circumstances. A reasonable material procurement IS anticipated thereafter ( , 2~18 weeks ). "Advanced no1ice of all project related events is essenllal If attendance is expected. Please provide at least 10 day advance notice of Preconsltuclion Meetings and Partnering Meelings ~ Unless otherwise stipulated or specifically directed prior, our quotation is based on the timely performance of the limited scope of work expressed in our proposal as reprl:lsented in the Contract Documents, Plans, Specificaiions, Special Provisions, Technical Special Provisions, General Notes and Addenda (if ap~hcabla). ThiS does I'\ot include aCC;eleratlon of our efforts and costs Without recognition ^ Unless otherwise agreed to or negotiated in advance of the contrat execution. our quote is prediealed on the COntract Time stipulated in the Notice of Bid Solicitation, Adyertisement, Contract Documents, Plans, Specifications, Special Provisions, Technical Special Provisions, General Notes and/or Addenda where applicable. Any acceleration or delay ronstituling a change in Ihe al11icipaled duration of the original basis of our estimate shall be subject to negotiation Payment Terms: By accpetng our propoal you agree to the following payment ferms: Net 30 days after receipt of invoiCh, ACCEPTED: Confirmed: ----------------- Gerelco Traffic Contr~~. fne -~ The above prices, notes and conditlons are satisfactory and are accepted. , --------o-C .~ /' Name: Authorized: -'--- Signature, Estimator Micha€!l Hawthorne, Vice PreSident otOperations Date of Acceptance: (772) 340-7474, exL 210 560 N. W. Enterprise Drive Port St. Lucie, FL 34986 (772) 340-7474,ext # 210 (772) 340-7475 mhawthome@aerelco.com To: Address: City of Boynton Beach Public WorkslEngineering Division Contact: Phone: Fax: Bid Number: Bid Date: FIN#: Andrew P. Mack, P.E. (561) 742-6982 (561) 742-6285 Project Name: Project Location: Gateway Blvd. & Quantum Blvd. Signalization lntersectlon of Gateway Blvd. & Quantum Blvd. Boynton Beach, Palm Beach County 09071001 8124/2009 N/A The informa1ion contained In this electronic transmission (to include any accompanying attachments)ls intended soley for lis authorized reclpient(s) and may be confidential or legally prlviledged. If you are not the Intended recipient or responsible for delivering some Of all of this transmission to an intended recipient, you have received this transmission In error and are hereby notified that your are restricted from reading, printing, distributing or disclosing any of the information contained in it. In that e.....en!. please contact U5 Immediately at fJ72) 340-7474 ext 210 ad delete the original and all copies of this transmission. lIem# Pa Item Descri tion Unit Price Total Price Roadway Items Mobilization 10.000.00 $ 10,000.00 Maintenance of Traffic $ 7.650.00 $ 17,650.00 -.- TiifflCSlgnallZation rtems 9 630.1-11 Si9nals, Conduit (F&I) Aboveground 20 LF $ 14.75 $" 295.00 10 630.1-12 Signals. Conduit (F&I) U/G 2" PVC Sch.#40 396 LF $ 4.50 $./ 1.782.00 11 630-1.13 Signals, Conduit (F&I) U/P 2" 13.5 HDPE 510 LF $ 9.75 $/ 4,972.50 12 630-1-22 Signals. Conduit ( F&I) Add'l 2" Conduit 1,405 LF $ 2.50 $ 3.512.50 ! 13 632.7.1 Signals. Cable (F&I) 1 PI $ 3.450.00 $./ 3,450.00 14 633-4.112 Signals. Fiber Optic Conduit (F&I) U/G 50 LF $ 4.50 $./ 225.00 15 633-4-113 Signals. Fiber Optic Conduit (F&I) U/P 150 LF $ 9.75 $/ 1,462.50 16 633-4-122 Signals. Flbar OpUc Conduit (F&I) U/G 150 LF $ 4.50 $ 675.00 1- 17 63:>-5.1 Signals, Fibar Optic Pull Box (F&I) 2 EA $ 945.00 $ 1.890.00 ? 18 635-1.11 Pull & Junction Boxes (F&I) TRAFFIC 16 EA $ - 340.00 $""'- 5,440.00 19 639.1.22 Electrical Power Service (F&I) U/G 1 AS $ - 850.00 $v 850.00 (Purchased from FPL) 20 639-2-1 Electncal Service Wire (F&I) #6 200 LF $ 1.25 $V' 250.00 21 641-2-12 Prestressed Concrete Pole (F&I) P-11 Service 1 EA $ 651.00. $/ 651.00 22 649-31.102 MlAAssm (F&I) (150 WfBP) 591 Arm w/o Lurn (46') 1 AS $ 19,650<00 $./ 19.650.00 23 649.31.103 MIA Assm (F&I) (150 WIBP) 5g1 Arm w/o Lurn (60') 1 AS $ 27,725.00 $ v' 27,725.00 24 649.31.104 MfA Assm (F&I) (150 WIBP) 5g1 Arm w/o Lum ( 70,5) 2 AS $ 33,290.00 S v' 66,580.00 25 650-51-311 TIS Assm (F&I) 3-S:1-W (STD) 6 AS $ 700.00 $./ 4,200.00 26 650.51.511 TIS A.sm (F&I) 5.S Cluster:1-W (STD) 4 AS $ 1,100.00 $ >' 4,400.00 27 65:>-191 SI9nal , PED (F&I) LED Countdown ( 1-W) 2 AS $ 720.00 $V 1,440.00 28 653-192 Signal, PED ( F&I) LED Countdwon ( 2-W ) 2 AS $ 1,350.00 $v 2.700.00 29 659-107 TIS Aux (F&I) Aluminum Pedestal 4 EA $ 750.00 $ or 3.000.00 30 663.74-11 Vehicle Detector Assm ( Optical) (F&I) 1 EA $ 27,605.00 $ 27,605.00 1 31 665-11 PED Detector (F&I) Pole Mounted 6 EA $ 105.00 $V' 630.00 32 670.5-110 Traffic Controller Assm (F&I) NEMA 1 AS $ 21,550.00 $ v~ 21.550.00 33 678.1-110 Controller Acces (F&I) Type IV Time Switch 1 EA $ 750.00 $ 750.00 Z 34 685-106 Sys Aux (F&I) UPS 1 EA $ 450.00 $ 450.00 35 685.120 Sys Aux (F&I) Telemetry Transciever 1 EA $ 3,500.00 $ 3,500.00 " 36 685-128 Sys Aux (F&I) Interface Panel 1 EA $ 2,750.00 $ 2,750.00 37 699-1 1 Sign, Intemally f1lumlnated (F&I) GATEWAY 2 EA $ 1.750.00 $ v 3,500.00 To: Address: Cit)' of Boynton Beach Public Works/Engineering Division Contact: Andre\.v,;) MacK F ~ Project Name: Project Location: Phone: Fax: Bid Number: Bid Da~e: (561) 742-f:i982 (561) 742-6285 Total Proposal Amount $ $ 1$ 09071001 '1/24/2009 ! N/A 3,500.00 219,385.50 237,035.50 i Proposal Notes: This is issued with the understanding that the above pricing will transmit to a Unit-Price Contract Agreement Pricing is based upon the Palm Beach County Annual Signal Contract The following items are not in the County's Annual Contract: 101.1,630.1-22,678'1.110,685.106,685-120 & 685.128 Notes: "Our proposal is v~did for 30 clays following the date of bid submission. Exceptions m~y be gran1ed upon requesl "The above ql.lotatlon Is based on reasonable Interpretation of !he avsilabJe Contracl Documents, Plans, Specifications, Special Provisions, General Notes and Addenda where applicable. ^Local power company impact fees, permit fees, permitting and surveying are not Included. ^Acts of God and Unforseen Conditions wit! nol be 'the responsibility of Gerelco Traffic Controls, Inc. )f Builders Insur2'ncp is required, Garelco Traffic ContrOls., inc. can provide a proposal for coverage. ^Costs and Scheduling impacts to project resultinQ from utility conflicts, either underground or overhead, will not be the responSIbility of Gerelco Traffic Controls, loe ^ Preparation of shOp drawings and submittals generally take 30-45 days following the issuance 01 a notice 10 prOCeed under usual circumstances. A reasonable maleriel procurement is anticipated thereafter ( 12-18 weeks ), "Advanced notice of all project related events is e$sentraJ if attendance IS expected. Please proviae al Ie-as! 10 day advance notice of Preconstruclion Meetings and Partnenng Meetiilgs ^ Unless otherwise stipulaled or specifically directed prior, our qootation is based on the timely performance of the limited scope of work expressed in our proposal as re-presented in lhe Controcl Documents, Plans, Specificalions, Special ProvisiOns, Technical Spedal Provisions, General Notes and Addenda ( il applicable J. This does not Include aCCf!leralion of Ol.lr efforts and costs without recognition. ^ Unles!; otherwise agreed to or negotiated in advance of!he contrat execution, our quote is predicated on the Contract Time stipulated in lhe Notice of Bid Solidtalion, Advertisement Contract Docl.lments, Plans, Speclflcations, Special Provisions, Technical Special Provisions, General Notes and(or AddemJa where applicaols. Any acceleration or del,")' cons1iluting a change in the anticIpated duration of the original basis of our estimate shall be SUbject to negotiation Payment Terms: By acepe-tog our propoal you agree to the following payment terms: Net 30 dai'S after receipt of invoice. ACCEPTED: Confirmed: Dls. In{----- Gerelco __:affj~::~---____ --------------.., IAuthorized: ,~ ,/ Estimator' MIchael Hawthome, Vice PreSident of perations , (772) 340-7474, exL 210 The above prices, notes and conditions are satisfactory i:lnd 3re acr:eph~d IName: Signature: Date of Acceptance: VI.-CONSENT AGENDA ITEM 8.2 (((, ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date FinaJ Form Must be Date Final Form Must be Date Final Form Must be Commission Meetin~ Turned in to City Clerk's Turned in to Legal Turned in to Procurement Dates Office 0 SeOtember 1. 2009 August 17. 2009 August 12 2009 August 10. 2009 li'I Sentember I!I, 2009 August 31. 2009 AUl!Ust 26 2009 August 24, 2009 0 n 0 AnnouncementslPresentations 0 Citv Manager's Renort NATURE OF 0 Administrative in New Business AGENDA ITEM Is;r Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Purchase 26 Panasonic ToughBook Computers from More Direct in the amouut of $46,577.70. Attached are three quotes, it is recommended that we purchase these computers from More Direct instead of Insight Pnblic Sector, despite Iusite Public Sector quoting the computers at a price that is $6.45 cheaper. The computers from More Direct are in stock, ready to be shipped, and are already built to our specifications. The Boynton Beach Police Department has purchased equipment from More Direct in the past, and they have established themselves as a company that provides excellent customer service and will stand behind the products they sell. They are a preferred Panasonic reseller, and have proven to promptly (and more importantly correctly) apply all warranties to all products they sell. Additionally, More Direct is located in Boca Raton, belping our local ecouomy. The computers from Insight Public Sector are existing computers that will either be downgraded to meet our specification, or will ueed to be built by Pauasonic at the factory. Either way, this will cause a delay in shipping. We have only purchased one computer from Insight in the past, and therefore have not had the opportunity to establish a history with them. Finally, Insight does not have a local sales office (it is located in Tampa, Fl.), and the headquarters are in Tempe, AZ. EXPLANATION: These laptops will cover the replacement of the existing laptops that are curreutly out of warranty. In addition to using obsolete technology that cannot keep up with cnrrent application requirements, it is no longer cost effective to repair these computers we are currently using. PROGRAM IMPACT: Officers rely on these computers to conduct their everyday duties such as report writing, maps, receive calls of service and conduct histories on residences. The Panasonic ToughBook computers are the industry standard in Law Enforcement. Designed to be both water and shock resistant, they are ideal to be used by Police Officers. FISCAL IMPACT: This purchase will be funded through the Jag grant (local solicitation), which we have recently been awarded. Account number 105-3400-521-64-15. S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: If the funding is not awarded, we will continue to purchase after market parts and make repairs to 4 and 5 year old laptops that are becoming increasingly unreliable and are unable to run the applications required hy Police Officers. ~/ ') 1 1 I,' ~H"'~--- - City Manager's Signature " '. Assistant tu City Managerd~___ ~.- City Attorney / Finance epartment Head's Signature Public Affairs Department Name S:\BULLETlN\FORMS',AGENDA ITEM REQUEST FORM.DOC IVI()RE" DIRECT Sales Rep: Christian Perry Phone: 9194623649 Fax: 9198829192 Email: teamperry@moredirect.com Sales Quote# 4569192 Created By: Christian Perry Bill To: CHy of Boynton Beach Police Dept Altn: Sarah Byers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Ship To: City of Boynton Beach Police Dept Altn: Doug Solomon 100 E. Boynton Beach Blvd. BOYNTON BEACH, FL 33435 Ship-Via Member Reference I Project Cost Center UPS Ground FL State# 250-000-03-1 PO Number Date Sales Person Terms Num Toughbook 2009-07-16 Christian Perry - 919-462-3649. teamperry@moredirect.com Net 30 4569192 Qty Mfg Part # Description Manufacturer Unit Price Extended 1 CF-52GFNBX2M CF52 C2D/2.26 15.4 2GB.160G DVDR WLS NOBT WXP.'MI PANASONIC COMP $1,585.00 $1,585.00 1 CF.SVCL TNF3Y TB wrY EXT.PROTECT PLUS 3YR PANASONIC COMP $206.45 $206.45 Total (Product Only): $1,791.45 Quote Items * Pricing and availability are subject to change . Prices do not include tax or shipping Signature Date Print Name MoreDirect, Inc. 4800 T -Rex Ave., Suite 300 Boca Raton, Florida 33431 Tel. (5611237.3300 Solomon, Doug From: Sent: To: Subject: cdwgsales@web cdvvg_com Wednesday, July 22, 2009 1028 AM Solomon, Doug CDW-G Quote Request 7,'"22/2009 9:26 :33 AM This document is Dest viewed ill a fixed font like COUIJel Dear Doug Solomon Thank you for your online quote request. PIior tu :...'onverting t"h-LS quote to dIl GrUer please contact your account manager for configuracioD, ~lisirlg, and canCI-act veritica~iun. Should you choose to convert this quote to an order without 'lerificatiorJ, 't'ou may U',-; contacted by your account manager to conf i rm the deta l ] S ,)f '/our order. Quote Number: W328749 Quote Reference: Single ToughBook For Info I)nly Customer Number: 4891184 Purchaser: Doug Solomon Deliver To: Doug Solomon Qty Product CDWG Part# Unit Price Ext. Price - - - - - - - - - - - -- -------- 1 Panasonic Toughbook 52 - Core 2 Duo P8400. 1 713121~ $1 ,71eJ.hH .';'1.., 718. h' 1 Panasonic Protection Plus insurance 3. 47071:1 S259 3.1 ........1:::0' ,j .j~;:):;;:r - ------------------------ ----------------.-. ------------------------- -------------------- buD TotGd Shippi~g '.;rand TaL'll :~ J , 'j CI 8 (. $:2 2. r: j ,QOU If you have any questions or changes to this quote request, please call d CDW'G a(' "'lint.: manager at 800.808.4239, e-mail us at cdwgsales@web.cdwg.com 'Jr ~impl:r' .LppL" lU thj message. TO VJEW YOUR QUOTE ONLINE Log on to your extranet and click "Quotes" trl \'iew ~he ~tdtus of ~'OU1' reque~~ Learn more about :,.:our extranet at: http://www.cdwg.comjpersonalservice KEEP IN TOUCH Stay on top of our ver/ best otfers ~\lith a subs('J lpt::i'_'D t, C'~I\,\i,,:::; E-Mail T__~Ddat.- e-mail. newsletter. 2ign up at. ht:tp: ,W'.A,'W. cdwg. corn/ emai e'll' ,,'t:'ek 1... CDI/J Go"ernment, TIlL' The Rl'Jh t Technoloqy. Ri ght Away I tnl' Corporate Headquarters: 230 North MilwAukee Avenue Vernon HiJ.ls, lllinois (;0061 800.808.4239 PHONE HOURS: Iv] F: "7am 7pm CT Sat: 9am- 5pm CT Sun: Closed All information subject to CDW.G's terms and policies. Jr more details, contact a CDW.G account manager or go to http://www.cdwg.com/terms 2 In sign! I' I,! lJ !II ~-' i It) i ' 'I, -c, J:!th !1dr -"'n!f-''=' k'-,i!!J~'::'i-' r'':ei dUil",,?.'. ..'t' ~~ ::: SOLD-TO PARTY City of Boynton Beach Public Safety Account 1UO E BOYNTON BEACH BLVD BOYNTON BEACH. FL 33435.3838 Quotation Quotation Number Creation Date 211464634 07/23/2009 PO Number / Date SHIP-TO ADDRESS City of Boynton Beach Public Safety Account 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 3838 Customer No. Sales Rep 10232267 BRIAN MAYER Email Telephone hmayer(Q?inslght.com 800-543-2437 Dear Doug Solomon, Thank you for considering Insight to be your trusted partners In addressing your evolving IT needs. We appreciate being considered as your solution source and look forvvard to making IT 'vvork for you We deliver accordinQ to the followinQ terms: Terms of Payment Net 30 days Ship Via Insight Assigned Carrier I Ground Terms of Delivery FOB DESTINATION Currency USD Material Description Qty llnitPricc Extended Price CF-S2GGNBX2M Panasonic TBS2 - Vista COA Intel Core 2 Duo I I.S7S.00 1,575.00 P8400 2.26GHz (Centrin02 vPRO), 15.4 WXGA. 160GB, 2GB. WinXP, Intel WiFi a/b/g/n, Multi-drive. No Bluetooth, 6cell Battery, No modem, No IEEE1394, Toughbook Preferred U.S. COMMUNITIES IT PRODUCTS. SERVIrES & SOU'TIONSI f' RQ09-997736-428 I CF-SVCLTNF3Y Panasonic Protection Plus -Insurance - parts 2J(J.(IO 210,1111 and labor - 3 years IIX COMMUNITIES IT PRODl1CTS, SERVIl'FS & sur I:TI()~SI " RQ09-997736-42R I CONTACT PHONE. ',,1-742-,,1"1 CONTACT EMAIL.SOIOMONDra.l.II.HlYNT..N-llI.\C1.II-L 1 CONTACT EMAlL. \ CllNT.\l'T NAME. [), 11 il.; SULlIIW ," Sub Total Tax 1,785.00 0.00 TOTAL 1,785.00 Please contact us with any questions or for additional information about Insight Public Sector SLED's complete IT solution offering. Again. thank you for considering Insight Public Sector SLED! Sincerely, Paqe 1 of 2 Insight Quotation Number I Creation Date 211464634 107/23/2009 SECTOR Material Description Qty UnitPrice Extended Price BRIAN MAYER 800-543-2437 bmayer@insight.com Fax: 863-678-3204 U.S. Communities IT Products, Services and Solutions Contract No. RQ09-997736-42B Insight Public Sector (IPS) is proud to be a contract holder for the U.S. Communities Technology Products and Technology Services/Solutions Contract This competitively solicited contract is available to participating agencies of the U.S. Communities Government Purchasing Alliance. U.S. Communities assists local and state government agencies. school districts (K-12), higher education. and nonprofits in reducing the cost of purchased goods by pooling the purchasing power of public agencies nationwide. This is an optional use program with no minimum volume requirements and no cost to agencies to participate. In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be registered with U.S. Communities. Our sales teams would be happy to assist you with your registration. Please contact them for assistance -- the registration rocess lasts less than five minutes. Thanks for choosing Insight! Subject to IPS Terms and Conditions online at https:llwww.ips.insight.com/pagesl1egal.web Page 2 of 2 err VI.-CONSENT AGENDA ITEM C.! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meeting Turned in to Citv Clerk's Office Turned in to Lee:al Turned in to Procurement Dates 0 September 1, 2009 August 17, 2009 August 12, 2009 August 10, 2009 [8J September 15, 2009 August 31, 2009 August 26, 2009 August 24, 2009 0 0 0 Annou ncements/Presentations 0 City Managers Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Staff recommends a re-adoption of Resolution R09-11O, which was originally adopted by the City Commission on August 4th, 2009, to amend the City of Boynton Beach's Local Housing Assistance Plan [LHAP] to include the addition of the City of Boynton Beach's Florida Homebuyer Opportunity Program. The regulating agency for the State Housing Initiatives Partnership [SHIP] Program, Florida Housing Finance Corporation, has requested this change in the language to reflect the recapture provisions of loan funds. EXPLANATION: This change results from the fact that the Florida Housing Finance Corporation revised its interpretation of its recapture requirements to bring them in line with FHA standards. PROGRAM IMPACT: Under the revised interpretation, if the City of Boynton Beach receives repayment from the homebuyer within 18 months after the closing date of the loan the City will waive all interest charges. A homebuyer who fails to fully repay the loan within 18 months will be subject to repayment terms of the principal and 10% of the original loan amount A lien will be placed on the property for the term of the first mortgage. Payment is due in full should the homeowner fail to occupy the home as their primary residence, transfer title, or rent the property. All funds repaid to the City will be considered "program income" as defined in s. 420.9071 (24). FISCAL IMPACT: The principal balance of the loans provided must not exceed 10% of the purchase price or $8,000, whichever is less. Therefore, depending upon collections, the City could expect to receive approximately $54,487. AL TERNA TIVES: Not to accept this funding from the State. J2lre- Q- City Manager's Sig~ Assistant to City Manager c;::)~~ Department of Development Community Improvement Division Department Name City Attorney / Finance S:\Community Improvement\Agenda Requests\Agenda2009\CC 0915 FHOP Reso.doc j " AMENDED RESOLUTION R09- 11()" 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP) TO INCLUDE THE ADDITON OF THE CITY OF BOYNTON EBACH HOMEBUYER OPPORTUNITY PROGRAM (FHOP) STRAEGY; PROVIDING AN EFFECTIVE DATE. 5 6 7 8 9 10 II 12 13 14 WHEREAS, the City of Boynton Beach Homebuyer Opportunity Program IS ] 5 designed in response to the legislative provisions requiring SHIP local governments to 16 expend 2009-2010 funds to ensure that residents of the state derive the maximum possible 17 economic benefit from the federal first time home buyer tax credit; and 18 WHEREAS, upon the recommendation of statI, the City Commission deems it to 19 be in the best interests of thc citizens and residents of the City of Boynton Beach to amcnd 20 the City' s State Housing Initiatives Partnership Program Local Housing Assistance Plan to 21 include the addition of the City of Boynton Beach Homebuyer Opportunity Program 22 strategy. 0' _0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section I. The foregoing "Whereas" clauses are true and correct and are hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida. hercbv 28 amends the City's State Housing Initiatives Partnership Program Local Housing Assistance 29 Plan to include the addition of the City of Boynton Bcach Homebuyer Opportunity Program SICA\RESO\SHfP Housing Plan amend for FJ I( lP Ulmelldmenl),duL- strategy, a copy of which is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of September, 2009. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor - Jerry Taylor 9 10 II Vice Mayor - Woodrow 1. Hay 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Jose Rodriguez 18 19 20 Commissioner - Marlene Ross 21 22 ATTEST: 23 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 35 *This amendment is to provisions of the City of Boynton Beach's HomebuyerOpportunity Program 36 Strategy discussed in the original Resolution to reflect changes requested by the Florida Housing 37 Finance Corporation S:\CA\RESO\SHIP Housing Plan amend for FHOP (amendment).doc LHAP HOUSING STRATEG\ For 2009-201 () NOTE: This is a generic strategy that can be used hy all local governments It has heen pre..app,-nl'cd h1' the SHIP review committee. Jfyou make revisions to th,s strategy w/uch arc beyond tcchlllc,,! in nutl/!'e. /I must he suhmitted to FHFC for approval. Name of the Strategy: City of Boynton Beach Homebuyer Opportunity Program (FHOP) a. Summary ofthe Strategy: This strategy is designed in response to the legislative proviso requiring SHIP local governments to expend 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through The American Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. The state program shall be called the "Florida Homebuyer Opportunity Program" Eligible properties include newly constructed and existing homes. Mobile homes and rental units are not eligible for assistance. b. Fiscal Years Covered: 2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax Credit c. Income Categories to be served: Applicants whose income does not exceed $75.000 for single taxpayers or $150,000 for joint filers. There is no requirement to reserve 30 percent of the funds for awards to very low-income persons or 30 percent of the funds for awards to low-income persons: and there is no requirement to expend 75% of funds for construction. rehabilitation 0' emergency repair. d. Maximum award: The principal balance of the loans provided shall not exceed 10% of the purchase price or $8,000, whichever is less. e. Terms, Recapture and Default: If the City of Boynton Beach receives repayment from the home buyer within 18 months after the closing date of the loan the City shall waive all interest charges. A home buyer who fails to fully repay the loan within 18 months shall be subject to repayment terms of the principal and 10% of the original loon amount. A lien will be placed on the property for the term of the first mortgage. Payment is due in full should the homeowner fail to occupy the home as their primary residence, transfer title, or rent the property. All funds repaid to the City shall be considered "program income" as defined in s. 420.9071 (24). f. Recipient Selection Criteria: Recipients must meet the requirements ot the tollowing: The maximum income limit snali be Adjusted Gross Income of $75.000 for single taxpayer households or $150.000 for joint- filing taxpayer households, which is equal to that permitted by the American Recovery and Reinvestment Act of 2009. S \Community Improvement\SHIP\2009\FHOP-Chonges.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l Requested City Date Final Form Must be Date Final Form Must Commission Meetina Turned in to Citv Clerk's be Turned in to ~ Dates Jul 7, 2009 June 15, 2009 June 10, 2009 21. 2009 Jul 6,2009 Jul 1.2009 ust 4, 2009 Jul Jul 15,2009 ust 18. 2009 Au Jul 29,2009 Date Final Form Must be Tumed in to Procurement June 8, 2009 June 29. 2009 Jul 13. 2009 Jul 27,2009 Announcements/Presentations Administrative Consent A enda Code Compliance 8. Legai Settlements o Public Hearin RECOMMENDATION: Staff recommends Commission approval by Resolution R09-_ amending the City of Boynton Beach's State Housing Inifiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) to include the addition of the City of Boynton Beach Homebuyer Opportunity Program (FHOP) strategy. EXPLANATION: This strategy is designed in response to the legislative praviso requiring SHIP local governments to expend 2009-2010 funds to ensure that residents ot the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit. This program, created through The American Recovery and Reinvestment Act of 2009, provides subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid with the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. Eligible properties include newly constructed and existing homes. Mobile homes and rental units are not eligible for assistance. .,., m NATURE OF AGENDA ITEM ;' ?3~ ~% :.no Unfinished Business ::J: <a ~ PROGRAM IMPACT: If the City of Boynton Beach receives repayment from the homebuyer within 18 monfhs after the closing date of the loan the City shall waive all interest charges. A homebuyer who fails to fully repay the loan within 18 months but no later than 36 months shall be subject to repayment terms of 10% of the original loan amount. A homebuyer who fails to fully repay the loan with 36 months shall be subject to default and the loan shall be called with 011 principal and interest due and payable. FISCAL IMPACT: The principal balance of the loans provided shall not exceed 10% of the purchase price or $8.000, whichever is less. Depending upon collections. the City could expect approximately $54.487. , } ERNATIVES' Not to accept this funding from the State. y~ De t Hea 's Signature City Man~ature As~ant to_City Manager ~ Department of Development .-::::. ~ Community Improvement Division Department Name City Attomey / Finance S:\Community Improvement\Agenda Requests\2009\CC 0804 FHO? Strategy. doc RESOLUTION R09- 110 c 3 el " 6 7 S 9 10 " Ic 1J lel WHEREAS, the City of Boynton Beach l'lomebuyer OppOrlllJ1l1\ Program lS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOliSING ASSISTANCE PLAN (LHAP) TO INCLUDE THE ADDlTON OF THE CITY OF BOYNTON EBACH HOMEBUYER OPPORTUNITY PROGRAM (FHOP) STRAEGY; PROVIDING AN EFFECTIVE DATE. 15 designed In response to the legislativ.: provisions requiring SHIP local governments to ] 6 expend 2009-20 I 0 funds to ensure th;}t residents of the state dcrl\ C the nl.:i,..:unUrn pu~slhk /7 ,economic benefit from the federal first lIme home buyer tax credit: and 18 WHEREAS, upon the recommendation of statT. the City Commission deems it to 19 , be in the best interests of the citizens and residents of the City of Boynton Beach to amend cO the City'S Stale Housing Initiatives Partnership Program Local Housing Assistance Plan tu 21 include the addition of the City of Boynton Beach Homebuyer OppO!1unit\ Prugram I, ! strategy. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF cel THE CITY OF BOYNTON BEACH, FLORIDA, THA T: 2'" Section I. The foregoing "Whereas" clauses arc true and correct and :He herehv 26 ratified and confirmed by the Cil) Commission, :..; Section 2. The City Commission of the City of Boynton Beach. Florida. hereh\ ,0 ~o amends the City's State Housing initiatives Partnership Program Local Housing AssIStance 2~ Plan to include the addition of the Cil' of Boynlon Beach llomebuycr Oppor1Ul1lt.l Program ..., ,( ^,j{!:')( l\SHIP HOUSing Plan clmcnJ j(lr I'J (( 'I' dill' strategy. Section 3. This Resolution shall become effective immediately upon passage. 1:h. PASSED AND ADOPTED this ~L day of August. 2009. 1 .' 4 5 6 7 8 9 10 II 11 /3 14 15 16 17 18 19 10 21 " . i ATTEST: 23 14 ]5 26 I /' ., -( ( '." ' 17[ (Fanet M. Prainito,CMC 18 . City Clerk 19 30 3' 32 (Corporate Seal) 33 s 'rA ,KESO\."l-Hl-' Housing Plan amC"nd /i./r H~OP dol' CITY OF BOYNTON BEACH. FLORIDA , M~yo~~~:h ~;y/~ .. /'.,;' r;- /' /~. . ( I /'-r"'2'/ ~//.? . /. . ::?<~<. '. / ", . . ,.. ...J~ j Vice Mayor- Woodrow L. ~~"--' ,,/ //. ("""-..::..,.... CommigSioner - Ronald Weiland C---. -.___. ) CornmissioJ;ler - ~ose ~e~' , /b/./ ./ / . /, (....?/' ,P' .' /' _./ . t" ,L _6 ~ ....J,.. .- ~.,; ._~-' .-L-- - - ~- /- ~/ f Commissioner - Marlene Ross LHAP HOUSING STRATEGY Fur 2009-2010 NOTE.- Th,S is a generic strategy that call be used by all local govemmel1ls 11 has heen :"" approved by the SHIP review commiUee, if you make revisions 10 this slralegy which are I,C\, 'lid technical in nature. it must be submiUed 10 FHFC for approval. Name of the Strategy: City of Boynton Beach Homebuyer Opportunity Program (FHOPl a, Summary ofthe Strategy: This strategy is designed in response to the legislative proviso requiring SHIP local governments to expend 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time home buyer tax credit created through The American Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that cor, be repaid by the income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. The state program shall be called the "Floridc Homebuyer Opportunity Program." Eligible properties include newly constructed and existing homes, Mobile homes and rental units are not eligible for assistance. b. fiscal Years Covered: 2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax Credit. c. Income Categories to be served: Applicants whose income does not exceed $75,000 for single taxpayers, or $150,000 for joint filers. There is no requirement to reserve 30 percent of the funds for awards to very low-income persons or 30 percent of the funds for awards to low-income persons; and there is no requirement to expend 75% of funds for construction. rehabilitation or emergency repair. d, Maximum award: The principal balance of the loans provided shall not exceed 10% of the purchase price or $8.000. whichever is less. e. Terms, Recapture and Default: If the City of Boynton Beach receives repayment from the homebuyer within 18 months after the closing date of the loan the City shall waive all interest charges. A homebuyer who fails to fully repay the loan within 18 months but nc later than 36 months shall be subject to repayment terms of 10% of the original loan amount. A homebuyer who fails to fully repay the loan within 36 montns shall be subject to default and the loan shall be called w',th all principal and interest due and payable. All funds repaid to the City shall be considereci "program income" as defined in s. 420.9071 (241. f. Recipient Selection Criteria: Recipients must meet the requirements of the following: The maximum income limit shall be Adjusted Gross Income of $75,000 for single taxpayer households or $150,000 for joint-filing taxpayer households. which is equal to that permitted by the American Recovery and Reinvestment Act of 2009. S:\ Community 'mprove ment\S H I P\2009 \ FHOP. doc lilr:JAiltiatives Partnership Program (SHIP) 'Technical Bulletin 2009-01 ii:",,;,'.: orida Homebuyer Opportunity Program I'lL :':' . slative session, the Florida Homebuyer Opportunity Program was J:Ilillion statewide) is detailed in the budget implementing bill (see 'iwlllcnwilnJe disfri1Juted through and operated under the SHIP ndiJ;J.gbe used to provide up to $8,000 in purchase assistance to ~,toreceive the federal first-time homebuyer tax credit created R~qovery and Rejnvestment Act of 2009. The assistance shall be ~~:thElAPplicant when they receive their federal tax refund. This will be e:~~~ElsEl funds as long as the homebuyer tax credit is available. The ~a,H~pl~ after July 1, 2009 pending the bill being signed by the Governor ':n~a,ry~tamp Collections. :'~~:fl!~mented under a new strategy to be adopted within the local ~aI1CfHAP). Florida Housing (FHFC) is providing a generic strategy 'ou~u-~r' This strategy is pre-approved by Florida Housing's SHIP Review 'lr~:nomrther action with FHFC if adopted as is. If you make changes to . bmitthechanges for review and approval. 'Onstothe SHIP statute andlor rule that apply to this program q?WEllimitshall be Adjusted Gross Income of $75,000 for single taxpayer 0';900 for joint-filing taxpayer households. ,~~nt to ,reserve 30 percent of the funds for awards to very-low-income ~R!}l\lt~fthefunds for awards to low-income persons; and . . "rne:nt to expend 75% of funds for construction, rehabilitation or FIQriatHouSJng ::- < f1 ,,<, II C <> r F '" < 0 r , OJ ", we moke ho,,,ing offordoble ~- ') VI.-CONSENT AGENDA ITEM C.2 ((( ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Fonn Must be Date Final Form Must be Commission Meeting: Turned in to City Clerk's Turned in to Le~al Tumed in to Procurement Dates Office II Sootember 1. 2009 August 1 7. 2009 Au""st 12, 2009 Au""st 10. 2009 \4- D8tt Sootember1l/l. 2009 August 31. 2009 August 26. 2009 August 24. 2009 0 U NATURE OF AGENDA ITEM Public Hearin Announcements/Presentations ort RECOMMENDATION: Motion to approve Resolution No. R09-_ to authorize application and agreement for Library State Aid Grant. EXPLANATION: The State requires that each year, the City Commission authorize the Grant Application and Agreement for Library State Aid. Final grant award is based on FY2007-2008 City of Boynton Beach funds expended for Library Services ($2,216,068). Final grant award, which is estimated to be $52,119, will be announced in February 2010 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida. PROGRAM IMPACT: Approval will qualify the Library to receive a State Aid Grant whicb is an incentive program designed to encourage communities to provide adequate local funding to support library service. FISCAL IMPACT: State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. AL TERNA TIVES: Do not approve and eliminate the Library from the State Aid Grant Program. ~,",""--' LIBRARY Department Name City Attorney / Finance 9S:~ Wd 92 8rW 60 "'31'dfJ S,'IH.1313HJ?, ,3--,;),: .,'....'..4-' ctt~ ~l1-J.,,~t..) H3'V ~u., '. " .. S.\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.OOC RESOLFnON NO. R 09- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING EXECUTION OF THE LIBRARY 6 STATE AID GRANT APPLICATION AND AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 FLORIDA DEPARTMENT OF STATE, DIVISION OF 9 LIBRARY AND INFORMATION SERVICES; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application and Agreement for Library State Aid each year; and 15 WHEREAS, upon recommendation of staff, the City Commission has determined 16 that it is in the best interests of the residents of the City to authorize execution of the Llbrary 17 State Aid Grant Application and Agreement with the Florida Department of State. Division 18 of Library and Information Services. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: The foregoing "Whereas" clauses arc hcreby ratified and confirmed as 21 Section L 22 being true and correct and are hereby made a specific part or this Resolution upon adoption 23 hereo f 24 Section 2. The City Commission or the City of Boynton Beach. Florida does 25 hereby authorize execution of the Library State Aid lirant Application and Agreement with 26 Florida Department of State. Division of Library and lnt,)fmation Services. a copy of which is 27 attached hereto as Exhibit "A ". 28 Section 3. This Resolution shall become etlcctive immediately UPO]] passage. 29 S \('A\!{t::SU\f\~n::ements\(;rallts\Lihral\' Stale Aid (inm12011'J,Joc 1 PASSED AND ADOPTED this _ day of September, 2009. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Woodrow L. Hay 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Jose Rodriguez 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 2t . 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 (Corporate Seal) 27 S:\CA\RESO\Agreements\Grants\Library State Aid Grant 2009.doc Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) CITY OF BOYNTON BEACH (Name of library governing body) Governing body for BOYNTON BEACH CITY LIBRARY (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the Legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical. narrative, financial, and other reports as requested. -- --- .---- - . -~. -.- --. - -- c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation. claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period. the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State. other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. Page 1 of 5 State Aid to Libraries Grant Agreement rh~ntpr 1 R-? 011 (2)(a), Florida Administrative Code. Effective xx-xx-xxxx In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97. Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes. the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at httos:llaoos.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted-by..or..on-be!laJf-oUhe--Gral'ltee-directly- t~ach.oUhe-fQIlQwil'lg~ A. The Department of State at the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Identify an individual or position with the authority to make minor modifications to the application. if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn. this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by State Aid to Libraries Grant Agreement Chapter 18-2.011 (2)(a), Florida Administrative Code. Effective xx-xx-xxxx Page 2 of 5 the termination date. In the event of a state revenue shortfall, grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions. or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation. or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules oHhe.State of Florida: Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. If any matter arising out of this Contract becomes the subject of litigation, venue shall be in Leon County. d. No delay or omission to exercise any right, power. or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants, or employees; nor shall the Grantee exclude liability for its own acts. omissions to act, or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited Page 3 of 5 State Aid to Libraries Grant Agreement Chapter 18-2.011 (2)(a), Florida Administrative Code, Effective xx-xx-xxxx to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transfaree--musUlemonstrate-compliance--with-tl:1e requirements-Of- the..program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to Section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns, and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be Page 4 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address. any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250. for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Chief Executive Officer Florida Department of State Division of Library and Information Services Jerrv Taylor. Mayor Typed Name Typed Name September 15. 2009 Date Date Clerk or Chief Financial Officer Division Witness Janet Prainito. City Clerk Typed Name and Title of Official Date September 15. 2009 Date Page 5 of 5 State Aid to Libraries Grant Agreement r-h~n'o, 1 ",_? n11{?\(~\ Flnrirl~ Administrative Code, Effective xx-xx-xxxx . . .\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI,-CONSENT AGENDA ITEM C.3 Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meeting Turned in to City Clerk's Office Turned in to Leli!al Turned in to Procurement Dates n September 1. 2009 August 17, 2009 August 12, 2009 August 10, 2009 rxI September 1S, 2009 August 31, 2009 August 26, 2009 August 24, 2009 0 0 n An nouncements/Presentations 0 City Manager's Report NATURE OF n Administrative 0 New Business AGENDA .rEM [gJ Consent Agenda 0 legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Staff recommends that Commission approve the adoption of Resolution R09_ allowing the subordination of the City Of Boynton Beach mortgage for Wendell Warren, residing at 2071 N.W. 20d Street, Boynton Beach. EXPLANATION: Subordination is, by definition, the acceptance by a lender in first position on a mortgage, of new charges, claims or mortgages on a given property. In subordination the or/ginallender looses its first, or priority, position on the property and becomes subordinate to the new charge, claim or mortgage. In this case, Ms. Warren purchased a home through the SHIP program in 2005. Since that time the loss of her job caused a financial hardship. Now that she has permanent employment, her f/rst mortgage lender has agreed to modify her loan whereby her interest rate will be lowered from 5.50% to 4.625%, with no cash out, provided the City takes a subordinate position on its SHIP loan. PROGRAM IMPACT: The subordination would serve to avoid having another abandoned and foreclosed property in the community. FISCAL IMPACT: The City would still maintain its initial SHIP investment in the project of $26,600 plus the value of the land, for a total investment of $51,000.00. ALTERNATIVES: foreclosure on h Not to subordinate the mortgage. operty in the near future. Shoold J"""' M,. W",," 'OOId 1m _ ~A..P '- . City Manager's SignatQ~} Assistant to City Manager ~ Department of Development Community Improvement Division Department Name City Attorney / Finance S:\Community fmprovement\Agenda Requests\Agenda2009\CC 0915 WarrrenSubordination.doc 1 RESOLVTlON NO. R Ul)- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE SUBORDINATION OF THE CITY'S 6 MORTGAGE WITH WENDELL WARREN IN FAVOR 7 OF NA TIONAL CITY MORTGAGE CO; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE 9 THE SUBORDINATION AGREEMENT BY THE CITY 10 OF BOYNTON BEACH IN FAVOR OF NATIONAL 11 CITY MORTGAGE CO; AND PROVIDING ~N 12 EFFECTIVE DATE. 13 14 WHEREAS, upon recommendation of stall. the City Commission has determined 15 that it is in the best interests of the residents of the City to execute a Subordination 16 Agreement in favor of National City Mortgage Co., for Wendell Warren, 17 " NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby approve the request for subordination of the City" s Mortgages amI authorize the City 24 Manager to execute the Subordination Agreement f(,r Wendell Warren in favor of National 25 City Mortgage Co., a copy of which is attached hereto as Exhibit "A". 26 27 Section 3. This Resolution shall become effccllve immediately upon passage 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 !I PASSED AND ADOPTED this _ day of September, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow 1. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk 30 31 (City Seal) This Instrument Prepared by and Return to JAMES A. CHEROF GOREN, CHEROF, DOODY AND EZROL, PA 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement") is made this day of , 2009 by the City of Boynton Beach, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435 (hereinafter the "CITY") in favor of NA TIONAL CITY MORTGAGE CO., a subsidiary of National City Bank, whose address is 3232 Newmark Drive, Miamisburg, Ohio 45342 (hereinafter "NATIONAL CITY"). WITNESSETH WHEREAS, the CITY is the owner and holder of a certain Promissory Note in the original principal amount of Fifty-one Thousand Six Hundred and 00/1 00 Dollars ($51,600.00). executed by Wendell Warren, a single woman (the "Mortgagor"), dated August 10, 2005, which note is secured by that certain Mortgage of even date and recorded on August 15, 2005 in Official Records Book 19081, Page 1321 of the Public Records of Palm Beach County, Florida (the "City MOligage"); and WHEREAS, Mortgagor is the ovmer in fee simple of the following described real property (the "Property"), which Property is encumbered by the City Mortgage: Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADD1TJ()N, according to the Plat thereof on file in the Office of the Clerk of the Cireuil Court in andfor Palm Beach County. Florida. recorded in Plat Book 24, Page 223 through 226 WHEREAS. NATIONAL CITY has agreed to make a mortgage loan to the Mortgagor in the amount of $93,638.51, secured by a mortgage encumbering the Property (hereinafter the "New Mortgage"), provided that the City's Mortgage is subordinated to the New Mortgage; THEREFORE. in consideration of the sum ofTen Dollars and oonoo ($10.001 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: ] . That the foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. That the City's Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. That the City's Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage given by Mortgagor to NATIONAL CITY dated and recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida. The City's Mortgage is only subordinate to the first $93,638.51 of NATIONAL CITY'S New Mortgage and is not subordinate to any addition or future advances which may be made under the New Mortgage. 4. That this Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on ,2009. Signed, sealed and delivered CITY OF BOYNTON BEACH Kurt Bressner City Manager STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of , 2009 by , as of the City of Boynton Beach, who is either personally known to me or has produced a Florida Driver's License as identification. NOT AR Y PUBLIC My Commission Expires: 20f2 The City of Boynton Beach COMMUNITY IMPROVEMENT DIVISION 100 E. Boynton Bead I Bouievdrcf P.O. Box 310 Boynton Beach, Aorida 33425-03HJ TEL: 561.742-606fi FAX: 561 742-(;08Q www.boynton-beach.Drq June 8, 2009 National City Mortgage Loss Mitigation Department 3232 Newmark Drive Miamisburg, Ohio Attn: Amanda Schaaf, Loss Mitigating Department Re: Wendell Warren Dear Ms Schaaf: This office is in receipt of your request for subordination of the City of Boynton Beach's loan for the mutual customer referenced above. A review of the documentation provided indicates that Ms Warren will not receive any cash-out with the following changes: Interest rate of 5.50% to 4.625% Principal balance of $77,375.89 to $90,266.06 Terms 360 months (2005) to 360 months P & I $454.24 to 464.09 This is a modification agreement to bring her account current. Based on the information you have provided, this division has determined it will recommend the subordination agreement to the City Attorney's Office. If the City Attorney's Office agrees with our decision, a subordination agreement will be prepared and forwarded to this office. Upon receipt of the subordination agreement, please provide us with a HUD-I, a copy of the title commitment showing the City's loan to be subordinated, and copies of the first note and mortgage prior to closing before the subordination has been recorded. Should you have any questions regarding this matter please do not hesitate to contact this office at (561) 742-6066. Sincerely, .. .. ') l \ /) J j) /~> ".J!. - L it1 /1 jJ ' Brenda Collnelius Affordable Housing Administrator Cc: City's Attorney Wendell Warren S:\Community Improvement\SlJbordination Requests\Warren. W.rloc 118/:=:lli2r'1I13 11 56 F,Ii,::: S~:i':jln4I1Si' ~ [.' :~,' :~, \,j ::: :- ~lln:-::'I:1! FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT Creaitor: NATIONAL CITY MORTGAGE CO., A SUBSIDIARY OF NATIONAL CITY BANK 3232 NEWMARK DRIVE MIAMISBURG, OHIO 45342 Borrower(s) Name(a): WENDELL L WARREN Loan Number' 0005009328 DaiS: OCTOBER 1, 2009 MaillnQ Addre55: Property Address: 2071 NW 2ND ST, BOYNTON BEACH, FLORIDA 33435 2071 NW 2ND ST, BOYNTON BEACH, FLORIDA 33435 ANNUAL FINANCE Amount Total PERCENTAGE RATE CHARGE Flnancad Paymellt$ the cost of your credit sa- Th& dollar amount the creoil The amount of credit The amount you have a yearly rate. will cost you. provided to you or on paid after yO" have maoe your behalf all payments as scheduled, 5.500 % $ 85,389.93 $ 93,638.51 $ 179,008.44 YOUR PAYMENT 8CHeDULE WILL BE: Number of Amount of VVhen Payments Number of Amount of lIhlen Paymenls Payments PBymenm, Are Due Payments Pilymellt'$ Are Due Iolonthly DoglnnlntJ' 320 567.67 11/01/2009 1 $554.04 07/01/2036 C'a ~y o YBrl8.ble. Hato Featul'9: Your loan contains a variable rate feature. Olacloel.lree about the variabla I'Bta feature halJQ been provided to you earlier. Influli1lnctl: YOu n"lly obtain pl'Opel'ty Insurance from anyone you want that Is acceptil/:lle (0 Credilor. S.cul'lry: You are giving Cl securlly lnlerest in the property being purchaaed or refinanced Filing or Recording Feu: $ Ltt& Chargo: If a payment Is more ttla.n lS days late, you will be orn;rged 6.000 % at the payment Prepayment: If you payoff early, you 0 may IXJ will not have to pay 8 penalty o may lXI will not be entitletf to a renmQ' ofpBrt otlhe finance charga. Al!IIl!IurttptfOrt: Someona b(Jying ~our property 0 may Ii may, subject to oonclitionE) 0 mElY not aUuMCl tM ramalnder of your loan on the original terrt'15, See your coniract documents for any additional informalion about nonpijlyrnent, default, .any re~uirQc:l repaymenL In full before the .5chedl.lled dale, end prepayment refunel$. and penallies. All numerical disdosures except the late payment disclosure a~ e5tirntl'teG. NOTE: The Payments shown 8Dove may include re6erve depoEiit$ for MortgagCl lnsuran~ (11 ap,:lllcable), but Ixdude Property Taxes and lnsumnce, THE UNDER$I<)NED ACKNOIM.EDGES RECEIVING ACOMPLETED COPY OF THtS DtSCL.OSUR., WENDEll L WARREN ~AND# MODTIL Rev. 12-12~04 Exhibit #1 Ir'1VMtOf loan # National City Mortgage Co. L.oan # Due Date of La$t Paid InstaHment (DDLPI) Jnterest rate of existing Mcrtgage New modified interest rate New modified loan tam (months) SeNlefu feel {bps I Effective date of Modification DU8 date of first modified payment Maturity date of existing Mortgage New maturity date of modified mortgage Existing unpaid principal balance Additions to prIncipal balance. Accrued interest to effective date (Estimate) Escrow advance/due Amount to fully refund escrow (Estimate) Legal fees ana costs (Estimate) Other fees and costs: Modification Processing fee if capitalized: Subtractions from principal bal::mce" Less borrower's cash contribution LeISs mongage Insurance contribution L.ess Suspense Funds Total capitalIZation amount New Modified unpaid principal balance (Estimate) New modified payment of pril1cipal and interest (Es.timate) New modified monthly escrow payment for taxes and insurance (EstImate) TOTAL. new modified monthly payment (Estimate) Amounts due from borrower tor mOdification (by certified or casllie(s cheCk) 6orrower easr. contribution to reduce pnnCipal balance .. Closing costs for modification (litle. documents, closrng) (Estimate) .... Processing fee for review of modifIcation request BOl'rOwer'E; flrst modified monthly payment (EstimatEl) Lee. funds recllllved by NeM and placed into (;uspense TOTAL CASH DUE FROM BORROWER "2010140" 5009328 05/0112005 5,50QOOh 5 50000;, 321 0.30000% 10/01/2009 11/01/2009 0710112036 07/0112036 77,;'75,89 $5,967.59 $3,888,01 $3,570 67 $2,836.35 $0,00 $000 $0.00 $0.00 $0.00 $16,262.62 $93,638.51 S55767 $368.89 $926.56 SO.Oo $000 $0.00 $926 55 $0,00 $926,56 YOUR SECOND MODIFIED PAYMeNT WIlL BE DUE ON FIRST OF Decombor 2,2009 If you have not reealved new payment eoupons send your payment>> to my attention .. Borrower's cash contribution will be applied to reduce the total amount due on the mortgage, ~nd thIS- amount must be paid in full regardless of whether actual amounts are higher or lower than estimated amounts. - The amour'lt shown for closing costs is the minimum amount dUEl, If the final Closing costs an! less Lhan the estimate, then the excess amount will be appHed to reduce the total amount dl,Je on thG mortgage. If the final closmg cost::; ar@more thl',ln the estimate, the borrower is responsible for these amounts and they must be collected when the modification documan!s are signed and final cash amounts are due 1{ /:=:I'/:='I'II'? !! ~~: '=A'''' 8c:7~~11411:::: 1_ ~I:~=: ;,l~ T ~ 11(1,1/1114 This Document Prepared Jly: Jndividual's Name/Title: AMANDA SCHAAl' NATIONAL CITY MORTGAGE 3232 NEWMARK DRIVE MIAMISBURG, OHIO 45342 When Recorded Mail To: FIRST AMERICAN TITLE P.O. BOX 27670 SANTA ANA, CA 92799-7670 Pareel No. 08-43-45-16-01--021-0652 [Space Above This Line for Reeordin~ Data] Original R.tordtd Dat,: AUGUST 15,2005 I.oan No.: 0005009328 Ortglnal Priocipal Amouot: $ 80,000.00 LOAN MODIFICATION AGREEMENT (Providing for Fixed Intenst Rate) C This Loan Modification Agreement ("Agreement"). ma~'TH day of AUGUST, 2009 between WENDELL L WARREN,A SINGLE WOMAN -~r ("Borrower") and NATIONAL CITY MORTGAGE CO; A SUBSIDIARY OF N"'TIONAL CITY BANK ("Lender"-), amends and supplcmr;nts (1) the Mortgage, Deed of Trust or Security Deed (the "Security Instrument'!)l and Timely Payment Rewlltds Rider. ifany, datc-d AUGUST 10,2005 ""d recorded in Book or Llb,r 19081, at pagels) 1304, Io.t...."'.nt No. 2OM0511864 . or lhe Official Record, of (Name of Records) PALM BEACH COUNTY, FLORIDA . and (2) the Note belltiog tne same date as, aod (County ani! Stale, or p!brr jutisoiclioll) secured bYl the Security lnstrumcnL~ which cover!: the. real and personal property deSCribed in the Securi'[y Instrument and defined therein a..; the lIPropeI1}"'. located at 2071 NW 2ND ST, BOYNTON BEACH, FLORIDA 33435 (Property AddrW!s) LOAN MODfFICATlON AGllEEMEN'J'. S\n~le Pllmily - Fnnlr. M.t: 1,Inlfarm In~trllMIlJlI l',,'!a Americall LORII PN)E1.uclion Services rir~l AmaicUl Refll E.Jt~Tl; S(ll\lrirm.~ LLC p,\I_P~1/ I7LFM3. \79 Rllv 06-1i-I)~! Form :h7!lllOl (nv,(ltlOO) (pax!! I (1/J) FwronA ".';;.' 11::,"'~'li,'~:IIII~ 1l 5::' F,i" =i'~: i q II utll :.' i';: 0005009328 the: real property described beinz set illr'th as follows: SEE E},.IIIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; COp Y In c{it1sideration of !he mutual promises an.] agrccmcn~s exchan€,ed, the parties hereto ugret; a.'i follow:) Inutwithsmndin,€; <:Jnything to the contruf')' ccmtained in the NCHe or Security Instrument)' As of OCTOBER 1, 2009 . the amount pu)'able under the Note and the SccunlY Instrument (the "Unpuid Principal Balance") is U.S. $ 93,638.51 . conslsttng of the unpaid amount(sl loaned to Borrower by Lender pills any interest and other amnunts capitalized 2. Borrower promises to pay the Unpu.id Principal Bal3.nce~ plus interest, to the order of LeTider- Interest w111 ne char~cd on tbe Unpaid Principal13alance at the yr..wly rate of 5.500 %. from OCTOBER 1.2009 ilnrrowcr promises to make monthly payments of pnndpal and interest orc.s, $ !J5'1.67 ,beginning on the 1ST day of NOVEMBER. 2009 . and oontinuin!j thercafler on the same day of each succeeding month until prinl;;ipal and intcrc~~ are paid in full, The yearl)' ratr: of ~.SOO % will r~rnain in effect ~ntil principal and interest are paid in [!.Ill Ifon JULY 01, 2036 (the "Maturity Date"'I, Borrower shl1 owes amounts undCT th~ Note and the Security Instillment, as amended by this :\grccment, Borrower wi11 pay these amounts in full on the Maturity D~ne. 3, If all or any pan of the Pr'operry or any intetesr in the Property is sold or mmsferred (or if 8olTowr:r is not a natural person and ~ bcncfici.d interest in Borrower is sold or lran:)l'yrredl without Lender's prior wrill,r;n CQnsenr, Lender may require immcdiutc payrnentln full of all sums secured by lhe St::curity Instrument. If Lender exercises this option, Lender shall give Borrower notlCt of acceleration. The notice shall provide u period of not less than 31) days frC'ffi the oaT;e The notice I::' delhrered or muiled \.\rithin ,.,Thich Borro\\'er must pay all sums secured by thr; Security instrument. If Borrower faib lu ['lay thesc suniS prior TO rhe cxpir~tion of this period, Lender may invoke :;tn:, remedies pt,rrnitted by the Security Instrument without funher nmicc or demand on narrower. 4. Borrower ~bll will comply wilh all Nher covenants, agr~ements and rcquin.:merlts (lfthe St:(,;\.lrtty Instrument. in~ludir1g without limitation, l!orro\l..'cr':; Cll\"t:TiU."l[S and agreemenrs to mak::: uJ: payments of taxes, insurance premiums, ussessments. cscrov. irems, jmpound~, <ind all other payment!> that BOlTowcr IS ~)bliga[e.d to make under the Sc(:urity Instrument: hov.'ever. the [o(lowing terms and provisions are forr.:ve, {;anceled. null and voic. <l-S of the date ~pc(jfie'd ill paragraph No, I :ahove: LOAN MODU1CATION A.GAEF.MENT- Si!1~lc: rll1111v. FanoieM.iI~ TJJllf1:lrm Instl'\lment ,.-..mll :H19}fOl (rev.1}1I0~) W(I)!,l'" ,,(5,' ."WRIDA FlrsrAmcrienn 1,"nnPTl!llll"lIC,"$t'VJC~; rll$r AIll:nlO'lU\ Rea! Emit!: S.,iuhOll~ LLC FALP51f fLFM"~ 1'').2 K~\' D6-17.{I\J 11~:./~II./2111IS 11 57 F,u,~:: S3i'~31114118i' L 0 :::::: ~i ~.,.. 14J n"t:/I' 14 COPy OOO!i009328 la) all terms and provisions of the Note and Security Instrument (if anyl providing for, implementing, or relat.ing to, an>" change or adjustment in the rate of IntereSt payable under the Note, including, where applicahle, the Timely I'ayment Rewards rate reduction, a..1i del';crincd in pangidph I of lhc Timdr Payment Rewards Addendum to Note and pfMagroph A.l. of the Time!y Paymt~nt Rewards Rider. Ry executing this Agrcemcm, Bon-ower waives any Timely Payment Rewards rate reduction to which Borrower may nave otherwise becn cntiLledj and (b) all terms and provisions of any adjustable rate rider. Or Timely Paymem Rewards Rider, when: applicable, Or other instrument or document that is affixed to! wholly or partially incorporated intoj or is pan of, ~he Note or Security Instrument and that contains any such lerms and provisions as those referred to in la) ahove. 5. BurrllW~ u-nderstands and ag.rees that: (a) All the right.s and remedies, stipulations, and conditions containo;d in [he ~ecurity Instrument rela.ting to default in the making of payments under lhe Security Instrument ,hall also apply to def.ult in the making oflhe modifie~ payments hereunder. (b) All CQVr:mllltS. agreements. stipulations, and conditions in the Note and Securit)' Instrumem shall be and remain in full force arid e-ffect, except as herein modified! and none of thi; Ilorrower's obligations or liabilities under the Note and Security Instrument shall be l.liminished or released by any provisions hereof. nor shall this Agreement in any way impair. diminish. or affect an~' of Lender's rights under or remedies on Ute Note and- Security lnstromentl whether such rights Of remedies arise thereunder or by operation of law. Also. all rights of recourse to whic:h Lender is presently entitled against all}' property or any other per~ons in any way obligated [or, or liable on, the Note and Securlty Instrument arc expressly reserved h)' Lender_ (c) Nothing in ~his Agreement shall be under~ood or construed to be a satisf~ction or release in whole or in pan of the Not:.: and Sef,.;utily Instrume,nt. (d) All costs and expenses incurred by Lender in connection Vo'ith this Agreemen.t. including recording fecsl tille examination. and attorne~"s fees, shall be paid by the Borrowt;r and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. Ie) Borrower agrees to make and execute such other documents or papers as m"y be neces~ary or required to effeCluate the lerms and conditions of this Agreement which. if approved and accepted by Lender. shall bind and inure to [he heir~, executors, adminislr<ltors, lilld a::l5igns of the Borrower. Pirs!^mericnnT.nnnPmdIlClrionS",.,.';c.." Fnrm 3179110t (rev. 01/09, (puge 3 of5) nORmA LOA.NMODD'ICAnON AGllEEl\'ENT- Sin~l( fi1l\ily - fanftWl Mat Uniform In.tT1llQenl rlNl Am<:li~1l1 Rt:AI f:.n~lt: SOIl/110m LLC FALPSIi fLfM3179-3 l{tv o&-17-0'l II :=: i II i? 1111:3 1 ~ .r:; ~ ;:"' '-1:, ~' :~ 11 f d II:. ' 0005009328 6" Pursuant to Section 199.14S(4)(b), Florida Statutes, additional nonrecurring intangible tn is due, This Mortga~e is given in cODDe~tiQn with the refml'lDeing of an obligation .s~tuted by an existing mortgage, recorded in Official Records Book 19081, paee 1304 Instrument No. 20050511864 . Public Records of P~I,.M BEACH County, Florida from the Mortgagor hereunder to the Mortgagee hereunder, or to the assignor of the Mortgagee hereunder. As of the date of refmBncme,. th~ unpaid prin~lpal balance of the. original obligation; plus aeerued but unpaid interest, secured by the extstlng morq-aee is equal to S 77,315.89 . The principal balance ofthe new obuealion secured by thi, Mortgagt is $ 93.638.51 , whieh amount represents, as ofthe- refinancing, tbe excess of the nnpald principal balance of tbe original obligation, plus accrued but unpaid interest. Notwitbstanding llnything to the contrary contained in the foregoin2:1 If tbe obligor under the new obligation is not liable: to the obligee under the obligation seC!ured b)' this Mortgage, then the additlobal nonrecurring intangible tax .!lhlllll be computed on the entire prindpal balance of the new obligation. NATIONAL CITY MORTGAGE CO., A SUBSIDIARY OF NA TlONAL CITY BANK Name: JENNIFER MIFFLIN Its: MORTGAGE OFFICER .Lender Mailing A~d..ss 'b-JCi----~--~.-. -W!tness ~ -WItness - ['[lnted Name ~WltneS:) -WItness - I-"flnted ,\;ame W ENlJELL L W ARKl!:N ----------_.,-~- .Borrower Mailing Addre.. ~Borrowc[ MAiling Addres.s .Borrower Mailine Address ~Borrower Mailing Address .WnneS$ .WHIiess .WtlntSS - I-"~ame ~ 'h' ItIieSs - l.lr"mred t-.amc LOAN MODIFICATION ....GRJ;~l'of~N,-. ~in!l:l" Fnm,ly. f'lInni~ Mmt. Uni!orm III.llrltWenl fintAmcrlCltnL(>lIII f'todu~(io,\S~r"ices Firsl AlJI~ri"nll R~nl r'..<t.o.~ SolutJon~ LLC fALf'SII- fLFM31"!.4 R~" 07_1~.09 FlJfm JI79 lfOI \~v. 01/09') (POW ~ "(.: FLORIDA 1; liE, ,r'~'il /:'lIll8 II 57 ,'? ~,'?' ,'? I rr 4 11 ;:~ 7 :... '~I~: ::: 1/""''''''' SiJ I'! I~:"" '11 d 0005009328 [Space Relow This Line for Ack:nowled~ments] BORROWER ACKNOWLEDGMENT STATE or FLORIDA COUNTY 01' The foregainc instrumenl was acknowledged bcforr:. me thi~ WENDELL L WARREN by ~~ as identification, who is perso'Mally known W m(.' or who has produced (Signature ofpersorI taking acknowlcdgmeT'lt) (Name typed, printed Or 'Illmped) (Title or rank) (serial number, if any) LENDER ACKNOWLEDGMENT STATE OF OIDO COUNTY OF MONTGOMERY The foregoing instrument was acknowledged bef()l'e me this JENm;FER MIFFLIN. MORTGAGE OFFICER or . He/She is personaUr known to me Of who has produce.d by _ corporation. on behalfofthe corporation. as identification, (Signature ofrer~on taking acknowledgment') (Name typed. printed or shUnpl:u) (Title or rank) (scritll number, if an,,) LOAN MODIFICATION AGREEMENT- Sinp:lt falnil..,. - F~nll'~ Mile 1;JnlfllTm In~trumenl fint AnltnClW Loan l'rOOI1Cli<:l" $crvicer. F,nt ^"'~ri(;llll 1l.~111 btltlc; SOhalt(,f!\i LL(' P4.LP~t!fLFMJ,i'N.5 Ih... (')6-17-01) t'orrn31791101t~.Ol109) (p(lj!r5nf,'i) FLORIDA , 1"-... This instrument was" prepared b" Ii The City Of Boynton Beach Post Office Box 310 BoynjonBeach, Florida 33425-0310 )~etUm to: Community Improvement ;UIII r 1111111111111111111111111111111111111111111 ~1.:.ikJ-::..,lL!::..,.L....... :=':.'.':' :~_ n: c,c~ .... '=JI,J,::::.:" ::;ECJRDE;:) 0g/':':,i-=00~ :'6:44:00 / ~, ' ---<<, . / _...../\\.~ '~</--..... "' """'? .___\...v / r'3~m beacn ~aun~j, Ai1T 31, S\LIlij. 0lLl JE'E'd ;Joe ltH?l. ;:,0 lntang 103.20 Sharon R. Bock,CLERK & COMPTROLLER , SECOND MORTGAGE AND SECURI'T'f'A-GREENleMT 13pgs) ,~ ..LOT 216 ~\\~ ,/ ~ \_----.:-<" ~J" \ ,q\';\";:-/ THIS SECOND MORT ~E AND SECURITY AGREEMENT ("Mortgage"), made this ....0\"-'. /' \)"/' .? day of August. 2005 ~// between Wendell Warre ,a single woman, whose post office address is: 476 N.W 3'" Avenue, Oeerlield Beach, FL 33441 (hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal corporation. as Mortgagee and Secured Party, whose post office address is: 100 East Bovnton Beach. Florida 33435, (hereinafter called the "Mortgagee"). WIT N E SSE T H: WHEREAS, Wendell Warren is justly indebted to the Mortgagee in the principal sum of Fifty One Thousand Six Hundred and 00/100 Dollars ($51,600.00l as evidenced by a certain Promissory Note ("Note") of even date herewith, executed by and delivered to Mortgagee, payable according to the terms therein provided, and by reference being a part hereof to the same extent as though set out in full herein; and WHEREAS. this second mortgage is an interest-free deferred payment loan instituted under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the first mortgage or upon Mortgagor's default. NOW THIS INDENTURE WITNESSETH. to secure the performance and observance by Wendell Warren of all the covenants, conditions and agreements in the Note. this Second Mortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents"). and in order to charge the properties, interest and rights hereinafter described with such payment. performance and observance, and for and in consideration of the sum of TEN ($10.00) DOLLARS paid by Wendell Warren and for other valuable considerations, the receipt and sufficiency of which is hereby acknowledged. the Mortgagor does hereby grant, bargain, sell, alien, remise, release. convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more particularly described as follows: Lot 65, Block 21, ROLLING GREEN RIDGE FIRST ADDITION, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Pages 223 through 226. Property address: 2071 N.W. 2nd Street, Boynton Beach, FL 33435 peN: 08-43-45-16-01-021-0650 TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which. to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self-operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Page 2 of 11 ARTICLE ONE PARTICULAR COVENANTS OF MORTGAGE 1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and comply with all provisions hereof. of the Promissory Note (hereinafter referred to as "Note") secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. The Loan secured by this mortgage shall be paid to the Mortgagee without interest upon sale of the property and shall be for the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage. then the loan shall be fully forgiven and nothing shall be owed. 1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of the Land in fee simple, has good. marketable and absolute title to the Mortgaged Property and has full power and lawful right to convey and mortgage the same in the manner and form aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current year a first mortgage in favor of Fidelity Federal Bank & Trust and its successors. and any other permitted encumbrances. The Mortgage hereby makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all persons whomsoever. 1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property. insured against loss by fire or other hazards. casualties, and contingencies, including but not limited to flood. in such amounts and for such periods as may be required by Mortgagee. and to pay promptly when due, all premiums on such insurance policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation. awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys' fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims. rights of action and proceeds as the Mortgagee may require. Page 3 of 11 1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, charges and expenses, including reasonable attorneys fees. including appellate proceedings, and disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action, proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all conditions and covenants of this Mortgage and the Note secured hereby, including but not limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee shall become due and payable whether or not there be notice, demand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured by the lien of this Mortgage. ARTICLE TWO DEFAULTS 2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean anyone or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten days, the commencement of such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's pian, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future federal, state or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay. such appointment shall not have been vacated. Page 4 of 11 (d) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities. obligations or encumbrances is legally inoperative or cannot be enforced. or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes. so as to effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage. or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (f) Any default under any mortgage superior or inferior to the Mortgage. (g) Any modification of any mortgage superior or inferior to the Mortgage. increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage. or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage. (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents. (i) Any action prohibited by paragraph 3.01 infra. OJ If the mortgaged property is sold, transferred or refinanced prior to the expiration of the first mortgage or any prior mortgage the entire amount of the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary residence of the new owner. For the new owner to be eligible, he or she must set up primary residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines. If the new owner is not eligible, the loan shall be due and payable to the Mortgagor. (I) Lease of any portion of the mortgaged property to a third party. 2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option. declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note. Page 5 of 11 2.03 Mortgagee's Power of Enforcement. If an Event of Default shall have occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the Mortgagee shall deem most effectual for such purposes. The Mortgagee shall take action either by proceedings or by the exercise of its powers with respect to entry or taking possession, as the Mortgagee may determine. 2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to by the Mortgagor. a defense to any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.05 Principal and Interest Become Due on Foreclosure. Upon commencement of suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared due, and the interest accrued thereon, shall at once become and be immediately due and payable. 2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property as an entirety. 2.07 Acceleration; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or the Note secured hereby, then, upon demand of the Mortgagee. the Mortgagor will pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail to pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to recover a judgment for the whole amount so due and unpaid together with costs, which shall include the reasonable compensation, expenses and disbursements of the Mortgagee's agents and attorneys either before, after or during the pendency of any proceedings for the enforcement of the Mortgage including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be affected by any taking, possession, or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. Page 6 of 11 (b) In case of a foreclosure sale of any of the Mortgaged Property and of the application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note. and the Mortgagee shall be entitled to recover a judgment for any portion of the debt remaining unpaid, with interest. (c) The Mortgagor agrees to the full extent that it may lawfully so agree. that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon any such judgment upon any of the Mortgaged Property or upon any other property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien. rights. powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Mortgagee under this paragraph 2.07 shall be applied as follows: "First, to the payment of the reasonable attorneys fees and expenses incurred by Mortgagee. its agents and attorneys, including but not limited to taxes paid, insurance premiums paid receivers fees, etc. Second toward payment of the amounts due and unpaid upon the Note." 2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder of the Note to exercise any right, power. or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence. herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the Mortgagee. 2.09 No Waiver of One Default to Affect Another. No waiver of any default hereunder shall extend to or shall affect any sUbsequent or any other existing default or shall impair any rights. powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby. (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f) consents to the granting of any easement thereon. or (g) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify. change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker. co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor. except as otherwise expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property. the Mortgagee, without notice to any person or corporation. is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. Page 7 of 11 2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights. powers and remedies of the Mortgagee shall continue as if no such proceeding has been taken. 2.11 Remedies Cumulative. No right, power or remedy conferred upon or reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be in addition to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity or by statute. 2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all parties whose claim or liens are discharged or paid with the proceeds of the indebtedness secured by this Mortgage. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not to assign, sell, convey, transfer. lease, enter into any management agreement, or further encumber any interest in or any part of the Mortgaged Property without the prior written consent of the Mortgagee, and any such sale, conveyance. transfer, lease, or encumbrance made without Mortgagee's prior written consent shall constitute an event of default hereunder. If the Mortgagor is not an individual. it is further understood and agreed that any assignment, sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and prohibited herein. 3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged Property. 3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law. Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of interest in excess of the maximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof. and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the maximum rate allowed by law. Page 8 of 11 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in thiS Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law pre-empts Florida law or is otherwise applicable 3.05 Attorneys Fees and Expenses. Wherever provision is made herein from payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee. said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any and all judicial, bankruptcy, reorganization, administrative. or other proceedings. including appellate proceedings, whether such proceedings arise before or after entry of a final judgment. 3.06 Notice. (a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to be served on or given to the Mortgagor may be served on or given to the Mortgagor at: 2071 N.W. 2nd Street Boynton Beach, FL 33435 or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee. Any notice demand or instrument authorized by this Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at: CITY OF BOYNTON BEACH ATTN: CITY ATTORNEY'S OFFICE 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee. 3.07 Headings. The headings of the articles. sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case anyone or more of the covenants, agreements. terms or provisions contained in this Mortgage, the Note or any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby. Page 9 of 11 ARTICLE FOUR ADDITIONAL PROVISIONS 4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to enter into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor that such representations and agreements by such other persons shall constitute for the purpose of its obligations hereunder. covenants on behalf of the Mortgagor. Page 10 of 11 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written, Signed. sealed and delivered in the presence of: ~] , /J/tJYli..1 //. C, . 1 L tJvU vJ M AGOR Wendell Warren --- -._- -~-----'._--"'_.__._-~- PRINT NAME WITNESS MORTGAGOR WITNESS PRINT NAME STATE OF FLORIDA ) ) SS. COUNTY OF PALM BEACH) I hereby certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared t ~;)~.Ii" \.~ 'oL. l ~ ~<1N\Qln.. \ *,she is personally known to me [or has produced >--lJA as identification] to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witness my hand and official seal in the County and State named above this ~ day of _ August, 2005 ___ _. Signed ~ \"\L. -l ,I~~ NOTARY PUBLIC Print Name: i")\'1l..CC [\. ~I"\.~~---'" K1\. Debbie A Reamsl1'{der . ~ j My CommIssion 00075925 "", OF".dI ExpIres December 2, 2005 S;\Coow""'OYl_~I_r<l_HI_TS.""c Page 11 of 11 PROMISSORY NOTE SHIP PROGRAM BOYNTON BEACH, Florida Dated: August /0,2005 FOR VALUE RECEIVED the undersigned, Wendell Warren, a single woman, (hereinafter referred to as "Makers") promise to pay to the order of CITY OF BOYNTON BEACH, a Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder"), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such other place as the Holder hereof may from time to time designate in writing, the principal sum of Fifty One Thousand Six Hundred and 00/100 Dollars ($51.600.00) to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment as follows: This is a deferred payment loan issued under the guidelines of the City of Boynton Beach SHIP Program in which the Makers payoff the loan at the time the mortgaged property is soid if the property is sold prior to the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage and remains the permanent residence of the Maker, then in that event this note shall be forgiven and released. The Maker must permanently reside on the property during the term of the note and mortgage. In the event the Maker fails to comply or defaults. the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder. This Note is secured by a Mortgage Deed, a/kla Second Mortgage and Security Agreement (the "Mortgage") of even date herewith encumbering and conveying real estate and property (the "Mortgaged Property") therein described and duly recorded among the Public Records of Palm Beach County, Florida. The Makers shall pay any and all applicable federal, state and/or local taxes with regard to the obligations set forth herein and shall provide the Holder with annual paid tax receipts within thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes shall be an event of default as provided for hereinafter. It is hereby agreed that if in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; then, in any or all such events, the entire amount of principal of this Note with all interest then accrued, if any, shall, at the option of the holder of this Note and without notice (the Makers expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of an attomey at law for collection. and in that event, each party liable for the payment thereof, as Makers. endorser, guarantor, or otherwise, l1ereby agrees to pay the holder hereof in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attomeys fees at the trial level and on appeal, together with all reasonabie costs incurred. Page 1 of 2 Makers shall be in default of this Note if during the term of this Note, they assign, sell, convey. transfer. lease. enter into any management agreement, further encumber, or vacate the premises. In the event of such default, the loan amount of the promissory note shall be immediately due and payable. This Note is pre-payable in whole or in part at any time without penalty As to this Note and the Mortgage. and any other instruments securing the indebtedness, the Makers, endorsers and guarantors, if any. severally waive presentment, protest and demand. notice of protest. demand and dishonor and nonpayment of this Note. and expressly agree that the Maturity Date of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Makers, endorsers or guarantors. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the Makers, or any person liable for the payment of the loan made pursuant to this Note. to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Makers, or any parties liable for the payment of the loan made pursuant to this Note. result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Makers, or any parties liable for the payment of the loan hereunder. be required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America. MAKERS: rbbLt,yYldc~ J" LJ'J tV./lk- SIGNA WENDELL ARREN SIGNATURE $:~ I'I1!.JlOO Page 2 of 2 ,,(~ ; f;/~.<r:<" VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetine:: Tumed in to Citv Clerk's Turned in to Lel!aI Turned in to Procurement Dates Office I Seotember 1. 2009 August 17, 2009 August 12, 2009 August 10. 2009 X Seotember 14, 2009 August 31. 2009 August 26, 2009 August 24. 2009 -" ;-n ,",,' 31 0 ;::.. -< ~'. ~ ~'t , I '" ~-!",~ U1 NATURE OF AGENDA ITEM AnnouncementslPresentations Administrative ::II: X Consent A eoda o Code Com liance & Le al Settlements o Public Hearin o Le a1 o Unfinished Business o o RECOMMENDATION: RECOMMENDATION: Approve resolution No. 09_ authorizing the execution of a resolution for an agreement with Counseling Services Institute, Inc, (CSI), the City's current Employee Assistance Program (EAP) provider; for confidential professional employee assistance services to the City of Boynton Beach employees and their dependents, for an estimated annual expenditure of $1 0,800.00. EXPLANATION: The current EAP agreement with CSI expires on October I, 2009, thus, in accordance with the City's "Unified Purchasing Procedures", on July 30, 2009, Human Resources requested quotes for EAP services. Of the three (3) quotes received (Exhibit I), CSI was selected based on their scope of services and their competitive bid. Additionally, the City is very satisfied with their current level of customer service. Exhibit 2 is CSI's scope of work and proposaL CSI offers confidential, professional EAP Services from their central location in Boca Raton, FL, and has a national and international affiliate network that is both credentialed and reliable for immediate service. They offer assessment, diagnosis and treatment or referral services to employees and their dependents for a variety of incidences that can cause personal problems to become personnel problems. The services include, but are not limited to legal, financial, mental health, addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, scholastic problems for children, mv and AIDS education, support groups and psychiatric disorders, sexual harassment prevention education, critical debriefing and workplace violence intervention and prevention. They also coordinate benefits with the City's current insurance provider Blue Cross/Blue Shield of Florida (BC/BSFL). A further purpose of retaining an EAP for City employees is to keep the City of Boynton Beach compliant with regulations covering policies pertaining to the drug-free workplace and keep the City compliant with Worker's Compensation regulations. PROGRAM IMPACT: The purpose of this quote was to select and retain a firm to provide EAP services for City of Boynton Beach employees, FISCAL IMPACT: The estimated expenditure will be approximately $10,800 annually depending on the City's headcount. The cost for each employee is $12.00 per year. This amount is budgeted for in the Human Resources FY 09110 budget under Employee Assistance Program line item (Account # 001-1610-513-34-30). This is a one (1) year agreement with an additional one (1) year renewal option, S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC :'7> I( '.'t ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not enter into a contract with an EAP provider and not be compliant with Worker's Compensation regulations and the Drug Free workplace requirements; enter into an agreement with one (1) of the other two (2) vendors who submitted quotes and pricing between $13,500.00 and $15,660.00 annually for the same services. ,I V )(t, ( , 1, . " A J. I' C. \IT" i:.e U,-, ct , ." /. r~"'\ . _,. ..';~j , ,')..., ::../\ - ~fpartment Head 's~ignature X) , , , , .'.I'~fiL/~~, City Manager's Signature Assistant to City Mana r Human Resources \. City Attome ance Department Name ~~~ S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC 2 3 RESOLUTION NO. R09- 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING EXECUTION OF AN AGREEMENT 8 WITH COUNSELING SERVICES INSTITUTE, INC., 9 FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH 10 AN ESTIMATED ANNUAL EXPENDITURE OF 11 $10,800.00; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on July 30, 2009, the Human Resources Department requested quotes 15 for an Employee Assistance Program for the City of Boynton Beach employees; and 16 WHEREAS, three companies responded to the request for quotes with Counseling 17 Services Institute, Inc., being selected based on their scope of services and their competitive 18 bid; and 19 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 20 interest of the City to enter into the Employee Assistance Program Agreement with 21 Counseling Services Institute, Inc for a period of one (1) year. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section I. Each Whereas clause set forth above IS true and correct and 25 incorporated herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 27 approves and authorizes the City Manager and City Clerk to execute the Employee Assistance 28 Program Agreement between the City of Boynton Beach and Counseling Services Institute, 29 Inc., for an Employee Assistance Program for the period of one (1) year and an estimated S'\CA\RESO\Agreements\Counseling Services Institutt:: (EAP12009.doc expenditure of $1 0,800.00, a cop: of said i\greement is attached hereiO as Exhi hi! ".\ 2 Section 3. That this Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __~ day ofSeptember.l00lJ. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 CITY OF BOY1HON BEACH. FLORIDA Mayor- Jerry Taylor Vice Mayor Woodrow L Hay Commissioner - Ronald Weiland Commissioner ~ Jose Rodriguez 22 23 24 25 Commissioner Marlene Russ 26 ATTEST: 27 28 29 30 Janet M. Prainito. CMC 31 City Clerk '0 -'.... 33 34 (Corporate Seal) 35 36 S:\CAIREsn\Agreements\Counseling Servicl.:s Institute II:AP12UIl9.doc EXhibit # :G "---- SCOPE OF WORK The following proposal will offer confidential, professional Employee Assistance Services to the employees, their dependents and retirees of the City of Boynton Beach. The Counseling Services Institute in Boca Raton, Florida will coordinate all activities of the EAP through its director, Donna Hearn, in the central location in Boca Raton, and has a national and international affiliate network that is both credentialed and reliable for immediate service. The purpose of the EAP is to offer assessment, diagnosis and treatment or referral services to employees, their dependents and retirees for a variety of incidences that can cause personal problems to become personnel problems. The services include, but are not limited to legal, financial, mental health, addiction, stress management, eating/gambling disorders, career consultations, marriage and family counseling, scholastic problems for children, HIV and AIDS education, support groups and psychiatric disorders, sexual harassment prevention education, critical debriefing and workplace violence intervention and prevention. A further purpose is to keep the City of Boynton Beach compliant with regulations covering policies pertaining to drug-free workplace. An EAP also keeps the City of Boynton Beach compliant with Worker's Compo regulations, which require yearly education on substance abuse to be presented in the workplace. Supervisory and management training will also be provided on an on-going basis. A further service of CSI's EAP is on-going Education, Awareness and Prevention program to help insure prevention and/or timely interventions thereby reducing liability. -1- Submitted by: Service Areas: Mailing Address: Phone: Fax: Services: Fee For Service: Time Period: Licenses: Certifications: Liability Ins: Memberships: EMPLOYEE ASSISTANCE PROGRAM PROPOSAL FOR THE CITY OF BOYNTON BEACH Counseling Services Institute Donna Hearn, Ph.D., LMHC, CAP, SAP. Director Local and Statewide National Referral Network International Referral Network - Rome; Paris; Switzerland 7601 Federal Hwy., Suite 165-B. Boca Raton, FL 33487 561-995-9500 800-492-0253 561-995-9510 Confidential, professional EAP services for the City of Boynton Beach employees, their dependents and retirees. $12.00 per employee per year One year from date of contract Mental Health Counselor License CertifYing Board Addiction Professionals (CBAPF) #369 SAP - Substance Abuse Professional- Dept. Of Transportation Western World; Scottsdale Insurance Camp. Greater Boca Raton Chamber of Commerce National Assoc. of Alcohol and Drug Abuse Counselors Children's Cancer Caring Network National Addiction and Psychiatric Services for Children Y A TC - Youth Automotive Training Center Florida Alcohol and Drug Abuse Foundation -2- EMPLOYEE ASSISTANCE PROGRAM OVERVIEW 1. Schedule of Services Provided in base EAP: A: For employees * 5 - individual sessions per employee for evaluation and referral per year * 1 - individual session for family members per year * All - alcohol or drug evaluations * 6 - one hour Stress Management Program per year * Drug-Free Workplace education for all employees presented quarterly * Certificates of Participation for all employees receiving Drug-Free Workplace education * Confidential, personal take-home assessments for indication of alcohol or other drug problems. B: For the employer * Consultation on the design and implementation of necessary policies and procedures * Training for supervisors and managers * Recognition and documentation of performance problems * How to utilize the EAP * In-House promotion of the EAP * Confidential statistical utilization review * Annual EAP evaluation -3- The following services will be included in the proposal: For the employees, their dependents: * 5 office visits per employee * I office visit for dependents * all alcohol and drug evaluations at no charge * 6 - one hour stress management sessions per year * access to monthly educational programs * referral services to most quality-oriented/cost-effective outside programs when necessary * S.A.S.S.L evaluations for alcohol/drug abuse DUI referrals * monitoring of all treatment modalities for one year * 800-number to contact main Boca Raton office * reduced fees for psychiatric and substance abuse programs and drug tests Counseling Services Institute shall perform for the City of Boynton Beach employees and their eligible family members the following services: . Marital counseling . Divorce adjustment counseling . Job-related counseling . Parent/child counseling · Substance abuse assessment and counseling or referral . Senior services · Counseling or referral related to physical or developmental disabilities . Mental Health assessment and counseling · Unlimited Legal! Financial Consultations provided by EAP . Elder care resource and referral per contract year IT IS IMPORTANT TO NOTE THAT NO ONE WIn BE DENIED SERVICES BECAUSE OF INABILITY TO PAY OR LACK OF INSURANCE. THIS IS THE PHILOSOPHY OF CSL ALL EMPLOYEES, DEPENDENTS AND RETIREES ARE GIVEN THIS NOTICE IN WRITING. -4- The following services will be offered directly to the City of Boynton Beach: . Technical assistance in the development of EAP policies & procedures. . Case management (coordination of community resources, follow-up and case advocacy) . Referral to specialized services not offered by EAP, but required by an employee/eligible family member . Telephone consultation with EAP staff as necessary . On-site consultation by EAP staff in those cases where EAP & the City of Boynton Beach deem it necessary . Priority for EAP appointments . Benefit Talks / Fairs as needed . New Employee Orientation . Drug Free Workplace Training . U.S. Department of Transportation (DOT) Compliance Training * Program Promotion * Confidential, quarterly evaluation on program utilization * Supervisory and Management Training on: + Ongoing Orientation for New Employees + Documentation ofPerforrnance Problems + Recognition of Substance Abuse in the Workplace + Violence Prevention/Intervention + Legal Liability of Supervisor + Do's and Don'ts of Confronting Employees + Sexual Harassment Recognition Issues + 6-Hour Stress Management For Supervisors + Critical Debriefing PROGRAM DEVELOPMENT AND IMPLEMENTATION FOR THE CITY OF BOYNTON BEACH CSI agrees to offer the following services to the City of Boynton Beach to help establish an EAP: Develop policy and policy statements as well as procedures aimed at personalizing a workplace safety philosophy about the use of an EAP in the workplace. Meet with human resource professionals to help them develop policy statement and encourage support from the top. -5- Promote kickoff of Employee Assistance Program to individuals utilizing the Cit)' of' BoyntcJf\ Beach human resource staff. Attend safety meetings, educational programs, or monthly meetings of employees to be available for questions and interventions. Provide the company with a flyer or use their existing form of communication to promote the program. Provide on-going education to employees, families and retirees about health and well-being in the workplace. Aid the City of Boynton Beach in keeping compliant as required by Worker's Compo federal policy of safety sensitive positions. Provide a network of resources to maintain an evaluation of the EAP system on an annual basis with quarterly reports reflecting the demographics and utilization review rates. INDIVIDUALS: All providers are licensed or certified in their specialty fields and will agree to see the member to do initial evaluation with 24 to 72 hours of call as indicated by severity of problem. Members will be contacted by a provider for the purpose of scheduling the initial appointment. Upon initial intake and prior to meeting with the provider, the member will complete a demographic information packet at our office, including providing medical health insurance information where applicable. Each participant will receive lone-hour assessment session per referral whether it a self-referral or supervisory. All referrals will be afforded the utmost in confidentiality as deemed necessary by Federal Regulations and as stated in our philosophy. Assessment and referral services will also be available to family members and retirees. Counseling Services Institute agrees to provide all individuals with the opportunity tCJr educational events throughout the year, at no fee. Counseling Services Institute will provide mailings to announce the event, time and location on a continuous schedule. The stress management program includes 6 one-hour sessions on-site, family members invited, with emphasis on biofeedback and relaxation techniques. -6- SUPERVISORY AND MANAGEMENT TRAINING CSI agrees to provide supervisory and managerial staff with the following: Policy and procedure implementation workshops. Training workshops which include documentation necessities; the legalities of policy enforcement; confrontation of employees on work related performance only; do's and don'ts of documentation and confrontation; how to initiate and EAP referral; follow-up and evaluation. Separate sessions for supervisors and managers include orientation; signs and symptoms of performance problems; recognizing the need for a medical, legal or financial referral; and how to facilitate the manager~s role with the EAP liaison. Supervisors will be educated about referrals to agencies, the supervisor's role in the referral and treatment process, and what to accept when the employee returns to the work force. The EAP provider will submit follow-up documentation for one year following treatment on a monthly basis as agreed upon with treatment providers. CSI will offer orientation and training programs quarterly. We believe the success of the program lies in education. Training wjIJ-be'provided'on site for 5 ormore employees. All training sessions will be geared toward the convenience of the employer with a minimum of I hour per quarter. PROGRAM PROMOTION CSI agrees to promote the program to all employees through pamphlets designed to explain the EAP and CSI. (Attachment A) CSI agrees to attend weekly orientation meetings for all new employees and to answer any questions not of a confidential nature. Periodic one-page flyers will be distributed to the human resource department for disbursement to employees on a variety of topics that may interest them. The topics will be presented on or off premises in either a lecture of film format and will deal with issues that are timely and topical. These issues will help to enhance the education of employees and thus prevention measures. CSI will insert prevention articles in paychecks, newsletters, memos or whatever device human resource now uses to promote activities. CST will incur all expenses for mailing, insertions publications, etc. A booklet for supervisors will be used to help better utilization of the program. (Attachment B) -7- PROGRAM EV ALUA TI01\ Quarterly reports will be submitted to the company which will disclose utilization rates. demographic information, types of problems identified, referral rates, which departments refer (when requested), and whether or not the referral was a supervisory or self-referral. All employees, family members or retirees will have the opportunity to fill out quality assurance evaluations and report his or her experience with the EAP directly and confidentially to the company as per their request. You will receive similar information upon request as anonymous reporting for confidentially reasons. Also, a quality assurance evaluation will be sent to your company by employees who agree to fill out the evaluation. (See Attachment B) FINAL EV ALUA TION CSI agrees to conduct a summarized final evaluation of the program based on participant evaluations, supervisory evaluations and oral reporting of clients. This report will contain strengths and weaknesses of the program, suggestions for future programs, utilization review records, candid, confidential and anonymous employee reactions, supervisory feedback and administrative points of interest. This report will also identify any documentable financial savings that can be attribute to the EAP. TIMETABLE CSI agrees through to conduct an informational orientation campaign for existing employees . A brochure will be provided for family members and retirees. from Training sessions for supervisory staff will begin and continue through . This education should be presented prior to general employee orientation so that supervisors will have adequate knowledge of program when asked questions, etc. It is preferable to have all supervisors knowledgeable about the program as early as possible, All orientation, both for employees and supervisors will continue both weekly and monthly from through . It is important that this is ongoing and current. CSI will try to accommodate the schedule of all employees on all shifts when possible. Topics are presented monthly either in-house or out-house and the City of Boynton Beach employees will be invited to those workshops, lectures, films. etc. Quarterly reports will be presented during the first 15 days of the month following the end of the quarteT, Final summary information will be gathered all year and presented in persou 30 days prior tu close of contract. -x- FEES CSI will ask for $12.00 per employee per year for all services covered in this proposal. CSI will not assume any costs for referral to outside sources but will try to find the most quality-oriented, cost-effective referral when necessary. Because CSI contracts with a variety of professionals, it is often not necessary to go outside of our network. CSI agrees to negotiate fees for admissions to substance abuse treatment programs, psychiatric institutions and outside referral sources when possible. It is the belief that employees under duress may not be able to negotiate these services and should be represented by professionals. CSI will not assume any financial responsibility for such services and will have employees read and sign an "Explanation of Fees" form. Payment of fees to CSI from the City of Boynton Beach should be paid on a quarterly basis by the 15th of the month following the quarter unless otherwise requested. ASSISTANCE FROM THE CITY OF BOYNTON BEACH CSI requests that the City of Boynton Beach petition their health insurance carrier to admit providers of services most recommended by the CSI to their provider lists, thus making utilization of those services more available to employees. This will also save the City of Boynton Beach insurance dollars and can help further stretch employee benefits. CSI requests that rooms and audio-visual equipment be provided to help host the educational programs and orientations. Whenever possible, attendance by a particular supervisor or an introduction of the EAP liaison in the beginning of the session would enhance the educational sessions. Support from the top always helps. CSI requests that supervisors refrain from "hall talk" about personnel problems that have been sent to the EAP. CSI reminds all involved that confidentiality is of the utmost importance. CSI requests that the supervisor call the EAP provider directly to ask questions rather than transact through an employee. This would be detailed more closely in supervisory training. Education, awareness and prevention make a great EAP. The more you use our services, the more the City of Boynton Beach and employees benefit. To show a savings in insurance benefits, employee acuity, etc., interaction with the EAP is a must. Thousands of dollars in health benefits can be saved monthly with proper diagnosis, referral and treatment by an EAP. By utilizing an EAP, hundreds of employees and families who previously had little or no recourse to help can have better lives. -9- INDEMNIFICATION/HOLD HARMLESS AGREEMENT Counseling Services Institute agrees, in addition to any other obligation, to indemnifY the City of Boynton Beach and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City of Boynton Beach, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any injury or alleged A) bodily injury, sickness, disease or death or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting of claims to have resulted in whole or in part from any actual or alleged act or omission of COUNSELING SERVICES INSTITUTE, any subcontractor, anyone directly of indirectly employed by any of entities to whom CSI may refer, of anyone for whose acts any affiliate may be liable in the performance of the EAP; of B) violation of law, statute. ordinance, governmental administration order, rule, regulation of the EAP; or C) liens, claims or actions made by COUNSELING SERVICES INSTITUTE or any affiliate or other party performing the EAP services. The indemnification obligations hereunder shall not be limited by limitation on the amount, type of damages, compensation or benefits payable by or for COUNSELING SERVICES INSTITUTE or an affiliate under Worker's Compensation acts, disability benefit acts, other employee benefits acts or any statutory bar. COUNSELING SERVICES INSTITUTE further agrees to incur all expenses, including attorney's fees, incurred by the City of Boynton Beach to enforce this agreement. If agreement is acceptable, signature of this form will act as a binding agreement and subsequent contract will be submitted on request. Donna Hearn, Ph. D., LMHC, CAP, Director Counseling Services Institute City of Boynton Beach -10- Comparison .uotes for EAP Services 2009 E lit I Annual Price Annual Cost Vendor Name per EE 900 EEs Scope of Work 5 individual sessions; 1 individual session for family members; 6 - 1 hr. stress mgt Program; Drug free workplace education; $12.00 per EE Consultation, training supervisors, EAP promotion, reports and Counselin!] Services Institute per year $10,800.00 EAP evaluation. 5 individual sessions; 1 individual session for family members; 6 - 1 hr. stress mgt Program; Drug free workplace education; $17.40 per EE Consultation, training supervisors, EAP promotion, reports and Life Enrichment EAP per year $15.660.00 EAP evaluation. 5 individual sessions; 1 individual session for family members; 6 - 1 hr. stress mgt Program; Drug free workplace education; $15.00 per EE Consultation, training supervisors, EAP promotion, reports and EAP of South Florida. Inc. per year $13,500.00 EAP evaluation. Counseling Services Institute is 1st choice S:\HR\EAP\EAP quotes 2009\EAP quote compare Aug 11 2009 8/24/2009 -, hd,jI _' \!l;h:hmem H - _.., COlUMe!Ul-f! cl&U1/-':fJ ,-'hulduk r; -0..... -_ . ' 'I I EMPLOYEE ASSISTANCE PROGRAM SUPERVISOR'S MANUAL 7601 N. Federal Hwy. . Suite 165 . Boca Raton, FL 334'dl 561-995-9500' 800-492-0253 . Fax 561-995-95]0 PUUOS' -, Tbl, booklet 1. 4..!gn~ to ...llt d.p.r~.~t 1..dIJI. .up.~l.or. and m.n.ger. in utilizing the S.ploy.. ~..l.taao. Proqr.- (&AP). The bookLet an..au qua.tien. abou~ bow the pi:ogn. work. aad bow the .up.rvi.o~ i. Lnvolvad 1n the proc.... Bup.rv1eory r.t,rrala tit into th. Dermal dhatpU,J1lty proce.. a.od tha progr&ll CObO.pt. ara congruent with .d.d4i.tratiYI policy. JalPLOYD AB8I8TlllIC. PROOUII Our Employ.. A..htanal IrGg'r.. .1_ ..tabU.bed to b~l' -.ploy.... d..~l with probl... that do DOt:. r.'poIJd to 'rouHu.. approaob.. lo%' c..olviug job pactocunca p:l"obl.... Th, &AI' i. . highly confidant!.l r.farzel ..rYlo1 offerld to you and your ataff. I~ i. d..jgnad to ..,ht tho.. who have job plrfonaat1CI prabl_ or prObl... of parloDl1 n.tur. which __y afflct job plctor.maDDI. JIOII 1'0 ft'ILXZa 'DEI ..0fDAJI There .r. two w,ay. to utili.. th. KlP. Mo.t frequent will be ..1f'- refert'al. whne the alIIploy.. wlll voluntarily ...t hllp for a p~cbl... The ..cond way i, . lupnvhory retlac1 where you w111 b. dir~tly involved. ThJ.. guid. te d..iped to ...lIt. you ill tb. lnit.bHCJ4 of 8xplrilac.. te.t.ct proo.d.ur.. for d..UD'; with job perfo~llae that: are apparently not .kl11.rel.tld. A ,upervilory refarral involve. . .peQlfic procedure which OaD facilit.t. in h.lpiDW tb. ..ploy.. .oh'. the problur.. nit procadur., VhM; .dh.~.d ~o, will ...ur. confid.entiality tor the LGdiv!dual and will DOt plao. you iu the role of dt.gno.tiai.n or ot pa..lng jud;meat on the natura of the qploy..'. J'l"o>>lNL. Iou ar. & 1DoID1;1J: and. lupuvleo:r, JOUI' job J.. to .upenrh. .. not cOUD..l. Thi. prograa c..... help you ".U1II1 your role .. . .upervi.or and place the ..ph..t. ot plrlormaoee eh.nga on th. employ... IouI' pdaary tlUuttJ,OO whim lltilidng the lAP 1. to dat.r.mina thlt a jOb perfor..noa problem .xi.tl. The priaary Obj.otive of the lAP 1. to retain valu.d ..ploy... by offering thNt.opportunitJ... to hut and arr..t probh.. b.,tor. they advance to tn. PQint of termination. roux ROL& AS A StJPlRVIBoR When you becolll.l'I aware of .. perd..tent job-perfoX1llance problam, then are .everal constructive .tapa you can take in ..eking' a aolution. The moat potentially hea.eficial method for all eoncerned is to intervene, ~onfrortt. and ofter ...tlt.nee. Too frequently the problem i. tolerated or ignored in hop.. that it will go away. C~v.ring up for a~ employe. with a prebl~ with the &IIUIllption that thl. i. the kind. helpful tbing to do i. faulty r.asoning ~d plac.. you in the polition of contributor. You actu~lly enable the problem to continue. Pi ring the amploy.. or threatening the employ.. with toraination i. . drAJllAt!c .elution ., well if indIcation. are pre.ent that referral to the BAP may help. ~ollowiog are Itepe whicQ .hould b. used once you have determined that a performance problem .xi.ea. S7EP 11 DOCUMENT U.ing a format cODei_tent with your p.~formaace apprai..l procedure. and policy, record all lD.t~c.. o~ un..tiafactory job perfOrmAnce. A fo~ i. included for you~ u... Thi. fora mu.t b. completed and u..d when m&klng . aupervi.ory ref.r:al. Thie form i. titl_d JOB PB.P.J'01\lO.NC'& 1tVALUA'tION PltOCEDUltAL POAM. STEP 2 I BVALUATS aa.ed on your n..d. trom the .tandpo!nt of ma1utalnlng an alU.ci.nt, p~oductiv. oporation, make a determination. rogarding the ..;dou.nll. of the. jOb-performance problem. Khan the level of porform&n~e r..eb.. an intolerable level -- ACT. It may be helpful to review the .particular altuation with the lAP director fir.t. You may alao wan t to raview the Itep. you have taken or plan to taka with your supervisor. Taking th.... atepa w1ll indicate that you are I.aking to atay fair and impartial and that you Are jU8titiad and can follo~ ~rough with the action you ara planning to taka. STEP 3. INTERVENE U.ing the documontation you have developed, oi.cu.. the .pacific. of the job performance problem with the *Dploye.. Whil. the tou. of the intervention i. one of the caring concern, the employe. muet b. made aware tha~ hi./ber job performance i. not acceptable. and t.ha.t failure 'to taka, corrective action cotSld place the individual' a job in jeopardy. Whether or not tho employ.. agree. that ~h.r. i. . performance problem.. it i. ....ntial t.hat 'You clarity the spacifics of your di...tiafaction and your expectation. regarding improvament. With input from the e~ploy.., e.t~li8h guideline. and. time frol.lnea for me.auring progre.. in the specific areas requiring improvement. Don't gat sid.tracked by excus.. or what may be the caus& of the protl.l.m - - .tick with tbe ,hsuea directly rehtod to the problem. (Seo Do' 8 and Don' tal STBr 4. FO~LOW UP Continue to ob..rve and doc\1men~. Monitor the extent to which improve.ent objective. are being ..t periodically review with the employ... Sat. specitic time tram. in which to do thi.. Supervieors generally ind..t on perlormance c:hange withln . ],0 day period. Bncoura;_ and recognize eueh improvement and at the .~. time re.tate your eapect::.atioaa that the lndlvidual maintain a ..tl.factory level perfor.manca. If improvement Objective. are not ~.t within the agr... upon tim. fr..... it a.y now b. a.G....ry to initiate another confrontation which involv.. dlaclplinary .~tion. Sftp S I RBFER TO BAP l>tRBCTOR OIL OmSIn& ZNTtTY If the ....ur.. you ba.v. taken thus far have failed to produce the d..ired r..ult:.., t.he eaploy.. .hould POW b. given an either/or choice, .eek belp in ahan.ginw hi. b.laviar or perfC)1:lDanc. or b. .ubjectecl to diaoipliDary action up t.o anc! inc:lucUD.SJ t.h. terminat.ion of: hi. job. !'he d.c!.ion of wh.th.~ or DOt:. to actually ...k halp ....t. with tll. individual. not with you. It 18 tll. individu.l'. r..pon.ibl1~ty to qet help. Tell the tmaplQY.. aboue the 13QlLOYZB ASSIBTANCa PROQRAH' and, if t.ll. ..ploy.. agr... to u... tb.. program:, you or th. Ulployee 1II&Y JD&k. the appo1DtaeDt.. Zf you l:'.~.Z' the ..lay.., ~. Job PerfoX"'IU.D.c. J:valuation Procedural Fonl. awet be filled out and. forwarded to the progr.. director or tha OOUD..lor lnvolved. To help insu.re oonfidentiality, pIe... 4.1i..r thi. for,a in p.r.on or aa~k it COIIPtDllllTtu. _d "Dd through tho intar-oUi". ...11 eyet.... 'The, funotion of tll. SAP t. to ..14 in improving job perforaanoe. It 1. not. intended to graat .p~cial privilege. or oonsideration to -.ploy... who fail to .how IlDprov...nc. STaP 6. COllTtmra BVALlJATION After referring th. ..ploy... you should continue to .onitor ~nd evaluat. performance. In thi. way, you will be able to dete~lne the lIlO.t ..pprQP~i..t. follow..up Action. The employ..'. pro~... (or lac.k ot progre..) may b. :.V'i.wed 'Wlth the CAP director or counselor if further action i. anticipated or required. A SUP&RVISORY FOL~OW-UP BVALI1ATXON OF PROG\lA.l( PAIlTtCIPAN'I' POR>! io included fo~ your convenience. 1 TRXAT>IXNT One of the option. to an employee who Buffers from tho di....e of alcoholism or i8~ chemically dependent Olil residential treatment. Treatm.ent: of th.h type involv.. a JCAHO approved treatment progr.a.m whi.eh will houa8 the employ.e tor anywhere from J.8 to .2 da.YB depending on the nature of the ac!cHctiQJJ. !neuranc. cover. 80\ ol the troatment. When the choice i. between tendnation or treatment, the following information may help. When an employ.e h.. bean referred to a treatmen.t progrAII. the 8upetviuor may ba involved .. muoh .. be/.ha f..ls i. nec....ry. Du'ricg the treatment prograza, the 8upexviaor may vi.it tho employ.. to ask que. clans and offer 8upport. After treatment, the amploy.. may return to work with the tollowing stipulation.: &. a.l.h. muat attend the .lter-care progr~ offered by tr..tm_nt progr&m b. He/ .h. mUlt attend Alcoholics AnCDymcu.{AA) o. Narcotic. Anony.aou8(NA) w.ekly c. He/ahe must report bi.w..kly to the referring coun..lor Th... .tepa are to in.ure tbat treatment in ongoing and to offer the employ.. 8uppore and aaintenanae .kill.. If an employ.. doe. not oomply with the.e requirement. for the first y.ar after tre.tment and symptomll reoccur, tho ~ploy.. w1.11 8ubjeot to termination. On-going, in-..rvice educatiOD will be available for departJunt heads. 8upervi8ora and macger. on what to look for in conlid.riDg abuse of alcohol and other drug.. Again, don't wait until it 1. to lat.. AI with any other d!....., early de.tection i. vitally important. You zuy e.pec:ially waDt to aonlu1t with the EAP director on cQnfrontation and intervention. as they re1at. to the chemically dependent person. ucoamnoH or PnPOIllWfCS PROBLBJIS The proce.. begin. with th.recognition that .. job..performance problem exists. Your concern .i. not 80 much with isolated incidents which lDay reflect 1... that usual perfo:nl&Jlc., bu.t instead to b. senaitlv. wbea. pattern. of behavior develop whlcb ar. cODlistently interforing with the employe.'. normally lat!.factory performance. 'l'he folloving sign. repre.ent problUUl in work perf-or;mance and ..y indicate that . peraoual prObl.m ia involved. ~, { " - niCllEASBD AIlSSNTSIISH Unexpected ab..nc.. &xc.llive dilebility Lmprobabl. .zeus.. for ab..nc.. Abnormally high aba.ac.. for minor illn..... Exa...ive t.~dln... . .OH-TB&~JOB. AIlSIIln'SIISH' Continued abeenc.. fro. de.k/ work atatloD Inc~....d number ADd leAgtb ot ACloft.. br.ak.- Incr.a.ingly long luncb.. Iocre...d number of trip. to :r..t :rOOll Phy.laal illn... on the job (head' Itom.chAehol, atc.) - CONCIlIlTIIATION PROBLBHS Work requir.. greater effort Job an project. take longer i..ily 4i.tr.~t.d - COIlFUSION Difficulty in recalling inacruction. and detail. Incre..ing difficulty in handling end completin; a..lgnaant. Difficulty in recalling own miltakee ~ i -HIGa ~CCIDINT RATS -LOKBRID JOB BrPICIBNCY Mi...d d.adline. Incr..led nuab.r of error. ~..t.d time and ..teriel foor dlet.ioD aakiaw 'PRICTION KITH OTllllR EHPLOYEBS ov.r~r.actioD eo real or imagin.d critici.. Wida awinge in mood Complaint. froaa Qo-woa:kerl Uare.lonable r..entm.nt. Avoidanoe of ...oaiated Irri tability .tJNl1SUAL BBBAVIOR Tamper tantrums PhYlical violenoe Imotional outbur.t. 'SP~SHODIC WORK. PATTBllNS Ixtr.... of higb or low productivity IXtrUlel in quality af wort: Baving to put in .xtra time to finish work " -rm: DO'S or CllIInOll'1'IllO 1UI IlIIPLOYn TUB DO'S L. DO- I.tabliah tb. lavel. ot vork p.rfo~nc. you expeot. Set ~. limite you w111 t~l.r.t.. Oet.r.min. whAt i. acceptable and unacceptable to you. Documeut all ab..nt..1am,tardin...,inoidaota on tn. job, &Ad poor job p.~fo~c.. a. 'P.cific. a. cOD.iatent. ~..t all ~loy... equally. I. DO- l. DO- l. DO- i. DO- i. DO- 7. DO- l. DO- B... the confroQtation on WORK p..rORkANCB, not OD perIanal or medical probl~. .e firm. B8 direct Speak with authority. Be prepared to d..l with the employ..'. resistance and denial, .. well.. hoetility. Avoid talking to eb. employ.. about h!_/her per.onal problem.. Get commitment from the ~loy.. to addr... hi./hlr work performance. Hak, your exp.atatton. elear and .paoific. Continua to document. J. DO- PrOTide the emplOY". with the Il.C....J:Y 1uto;ma.tioA &Ad aat. the appropriaee referral in aeeordanoe with your OompllDy polioy. h TO DOII'T8 01" COHl"llOHrDKl AM IlIIPLOYD THE DOK'TS 1. Don' t- Attempt. to get involved in an aJIlploy.... per.onal life. 2. Oon't- Kake value judgment.. Inate.d, rely in .pacifio work p.rfo~c. criteria. 3. Oon't- Moralize. Do Dot att.-pt to tell an employ.. what ahoulcl or .hould Dot b. 40D. in hia/her par.anal IJ.!a. t. Don't. A.k .why-? Thi. opeD. up for a variety ofaxcu.... The employ.. i. alway. r..ponalbla tor hia/ber behavior an4 job porfonw1ca. s. Don't. Allow the .-ploy.. to bo. you lneo a oOrQar. %0 .plta of all hi./her rationalization., tb. employ.. i. r..pooaibl. for .1t.riD~ job perloraance. Thi. included ....lcing balp foZ' per.onel or ..dleal probl.... ,. Don't- .Allow th. UIploy.. to play you agaiuat aayolla .1..- higher m&Dag...nt- (or.the unioua) You're Dot in the middle hera, the ..ploy.. ia. 7. Don't- M.ke idle di.ciplinery threat.. Follow througb with your warDing. &..Del chad;: back with the uaployeeou . .pacifio date. to ...... progr..., or lack of it. belDS' made. 7 BNPLOYlCK ASS'ISTANC'B PJlOGIUM JQI ,.U.fQllN.IlCE ('lALU~lItl1t PJot1IHIItAL flJll" This for.m mU9~ bo usod whenever an employe. i. referred to the EAP counselor. It t. not to be u.ad for regul&xly aohedule ev.lu..tiotls. Il an employ.. ia referrea to the counselor.. this lo~ mu.t be pr...nted. Employee' .Name _~_.~__D8pa.rba.ent__~ Y.ar. Employed Job Assignment. Employee I Supervi.or'.Name 8xtenei.oa' rNDrCA~oas OP DETERIORATING JOB P!RPORHANC! {~\_ a..t ~. 'ftll'.-I.t., HOax IlBUATllD "ON.THB-JOB" AlISl!:N'l'ESISM ____Tardin... _____Continued abeenc.. fr~ d..k/wo~k _O"nexp_c;:telS Ab..ne.. _Incx.... numbor Ltld. length of broaks ____Prequant Ab..na.. ______Increasingly long lunoh.. ____Accidont. _____Increased trip. to r..troom ____Hasting Time _____Physical Illness on the job SOCIAL UNUSUAL BEHAVIORS ____~r1ction with other employee. ____Wide .winge 1n .ood ____Complaint. from ao-workor. ____Phyaica1 violenc. ____E=otion.l ou~bur.t. ____Irritability ____Avoidance of ...ociatea In th. .pac. b.low, pl...o indIcate tno 8K&ct natu~. of tn. problem for which you are referring t.he employe. if not indicAt.e Ilbo.ve. Add any .dditiooal information you ~.Y feet helpful at this t~mo. Was this employee given a contact report prior to this referrAl far .imil.r 1nciden~? Yea___No___ YS8, but not for o1~il.r incidont x ( KllPLOYXS .l.SBIBTA.IICS PROGIWI SUPERVISORY FOLLOW-UP EVALUATION OF PROGRAM -CONl'IOENTIAL- Employ.." 1. Whan you referred tbe above ..ploy.. to tbe program, what we. the b~a1c prabl..? 2. How would you rate bis/her overall job p.rfo~nc. _outstanding _below avcrage ___~bov. averaga ___un..ti.factory _averago 3. How many di.au..ion. wera n.c....cy to initiate r.f.~r&1.7 _1 _2 _3 _,"ore thlUl 3 4. Did you .ake the appo1ntment fo~ the employ.. ~th th. designated cOUD..lor? ___Y.I ___no S. Did you experienoe any problem. doing thi.? ___ya. ___co 6. Since the time the ~loy.. eDtered tbe program, b&v. you observed any improvement? ---y.. ___no It 80, in what .r...?(pl.... identify) i. Save there b..n any .lip. in jOb performance .1n08 the .mployae'. initial involvement in th. progr~? ___yea ___DO B. Are you pre..ntly ..ti.Cied with the smploy.... job perfor.mance? ye. no If no what are your conetme? (plea,. b. Speoific)--- 9. Bow would ynu r.t.. t:hi. .mploy.... overall job p.rfoNaDce at thi. time? _ou.tstanding _av.rase _above avetag. _below I.verilge 10. would you like the tAP Coun.elor to ... -.ploy.. again? _yelil _nQ o ... ,. ... ~ EMERGENCY! . i ALCOHOL OR DRUG HELP GALL 800-492-0253 COUNSELING SERVICES INSTITUTE COUNSELING SERVICES INSTITUTE 7601 N. FEDERAL HWY. SUITE 165-B BOCA RATON, FL 33487 . Exhibit 2, Attachment A. . . ..i . . ~::. ,:' .;" . . . . . . . . . . . . . 800-492-0253 . . . .1 EMPLOYEE ASSISTANCE PROGRAM '."for the CITY OF BOYNTON BEACH ***all calls and appointml'llls are CONFIDENTIAL*** ......... . WHAT IS THE EAP? The EMPLOYEE ASSISTANCE PROGRAM is for the full-time employee to use when problems on and off the job may prevent you from working to your capacity. This benefit is avaihlble to full- time City of Boynton Beach employees immediately upon hire. HOW DOES THE EAP WORK? The EAP offers evaluation sessions to help determine what type of help you need. Full-time City of Boynton Beach employees are entitled to 5 sessions (which generally last one hour) lit no cost to you. WHAT HAPPENS AFTER THAT? If you decide to begin counseling for a problem, appointments will be set at your convenience. If you need a referral to another organization such as legal, financial or educational help, these services are usually at a reduced rate. ......... WHAT TY'PES OF , PROBLEMS CAN THEY HANDLE? Financial, legal; marital and family, . alcohol and oth~r drug help, N'relationship counseling, abuse counseling, eatihg disorders and smoking cessati~on are just a few of the common problems. You may come for the evkluation for almost . ' ' anythmg and the EAP wilItry to help. WHO PROVIDES I THESE SERVICES? Your EAP COIl tracts with your employer to prqvide services through COUNSELING SERVICES INSTITUTE. (j:SI has a staff consisting of MiD.s, Masters Level Therapists and iCertified Addiction Professionals. We have a network of I other help ranging from AIDS Ed. to Financial Consultants standing by to help. ' CAN I CALL THEM DIRECTLi\' AND CONFJDENTIALL Y? III Yes. Your confidentiality is e . . . guaranteed by Federal Regulations. Our name, address and phone number are listed on this brochure. WHAT ABOUT MY FAMILY MEMBERS? Family members are eligible to come for one evaluation session at no cost. They also will be referred to appropriate help at no cost to you. WHAT ELSE DO I NEED TO KNOW? When you call or come in, the full services will be explained and you will receive information on the credentialing of the staff. Your evaluation will take about an hour. CSI has staff available every day and evening for appointments, except Sunday. . Remember, it only works if you u~ it. bur phone numbers are 1'-295-9500 and 800-492-0253. . @j <!1il f& <liiI ~ EMPLOYEE ASSISTANCE PROGRAM AGREEMENT THIS AGREEMENT, is entered between the CITY OF BOYNTON BEACH, hereinafter referred to as the "City", and COUNSELING SERVICES INSTITUTE, hereinafter referred to as "CSJ". in consideration of the mutual benefits, terms, and conditions hereinafter specified. l. PROJECT DESIGNATION. CSI is retained by the City to provide confidential, professional Employee Assistance Services to the employees of the City of Boynton Beach and their dependants. 2. SCOPE OF SERVICES. CSI agrees to perform the services, identified on Exhibit "A", which is attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. 3. TERM. This Agreement shall be for a period of one ( I) year commencing on the date the Agreement is executed by the City. There is a one (I) year renewal option. 4. PAYMENT. CSI shall be an estimated annual amount of $10,800.00, or a cost of $12.00 per year for each of the City's employees for services rendered under this agreement as follows: a. CST will submit invoices to the City on a quarterly basis during the term of the agreement. Such invoices will be checked by the City, and upon approval thereof, payment will be made toCSI in the amOUnt approved. 5. COMPLIANCE WITH LAWS. CSI shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 6. INDEMNIFICATION. CSI shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to person, the employees, or damage to property occasioned by a negligent act, error or omission of CSt as further discussed in Exhibit "A." 7. INDEPENDENT CONTRACTOR. CSI and the City agree that CSI is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CST nor its employees shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CST, or any employee ofCSl. 8. COVENANT AGAINST CONTINGENT FEES. CSI warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for CSI, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person. other than a bonafide employee working solely for CSI, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall be the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage. brokerage fee, gift or contingent fee 9. DISCRIMINATION PROHIBITED. CSI, with regard to the work perfonned by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 10. ASSIGNMENT. CSI shall not sublet or assign any of the servIces covered by this agreement without the express written consent of the City. I!. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 12. TERMINATION. a. The City reserves the right to tenninate this agreement at any time by giving thirty (30) days written notice to CSI. CSI shall be paid for work completed up to the date of termination. 13. DISPUTES. Any disputes that arise betWeen the parties with respect to the performance of this contract, which cannot be resolved through reasonable negotiation, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. Further, this agreement shall be construed under Florida Law. 14. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this agreement, workers compensation, and comprehensive general liability insurance with a minimum coverage of $1 ,000,000 per occurrence and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City prior to execution of this agreement. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: To City: Kurt Bressner, City Manager CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 To CSI: Donna Heam, Ph.D., LMHC, CAP, SAP, Director COUNSELING SERVICES INSTITUTE 7601 Federal Hwy., Suite 165-B Boca Raton, FL 33487 16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this agreement, or the occurrence of any event rendering any portion or provision of this agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the agreement. Any void provision shall be deemed severed from the agreement and the balance of the agreement shall be construed and enforced as if the agreement did not contain the particular portion or provision held to be void. The parties further agree to refonn the agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 2 of3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda. represents the entire and integrated agreement between the City and CSI and supersedes all pnor negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and CS L DATED this day of 2009. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk City Manager Approved as to legal sufficiency and form: By: City Attorney WITNESSES: COUNSELING SERVICES INSTITUTE By: Print Name: Printed Name: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this_____ day of ~_~___ . 2009, by , he/she is personally known to me or has produced ~.. (type of identification) as identification. Notary Public State of Florida S:\CA\AGMTS\CoDSultants\Counseling Services lnstitute,doc Page 3 of3 '. rJT t- VI.-CONSENT AGENDA ITEM C.S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetill!! Turned in to City Clerk's Turned in to Le2.al Turned in to Procurement Dates Office 0 SeDtember 1, 2009 August 17, 2009 Au.ust 12, 2009 August 10. 2009 0 ~ ,,1 \.U - - I2SI SeDtember'J.lR 2009 August 31.2009 Au.ust 26, 2009 Au.ust 24. 2009 C:: - ----.:7) --S 0 ....., C 3- 0 -" u -~ 0 0 Citv Manager's ReDDrt <:) ~ ;. AnnouncementsIPresentations - NATURE OF 0 Administrative 0 New Business ~ AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearin. 0 "'"' .... -< C':l --." 25' -< :z: .... o 0;>:: ..,., "Gj ~ RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Amendment No. 2 to Task Order U08-01-05 for ARCADIS U.S., Inc. in the amount of $185,700.00 with a 5% contingency of $9,285.00 for a total expenditnre of $194,985.00. Amendment No.2 provides for engineering services for the replacement of the vacnum filter at the East Water Treatment Plant. EXPLANATION: The existing vacuum filter is 30+ years old and is no longer in use. The second story of the vacnum filter building has sustained significant hurricane damage and will require demolition of the existing steel snpport strncture and replacement with a concrete block type structure with a precast roof deck. The vacuum filter is an integral part of the East Water Treatment Plant's lime sludge dewatering process and needs to be upgraded as part of the overall plant improvements. The scope of the project will include demolition of the existing vacunm filter system and the second story of the bnilding and the design of a new vacuum filter system. The new system will include the vacuum filter and its ancillary devices, piping, sludge feed pnmps, second story enclosure with access hatch for equipment removal, and electrical/instrnmentation and control upgrades. ARCADIS U.S., Inc. will provide engineering design, permitting, bidding, and construction phase services. PROGRAM IMPACT: The replacement of the vacuum filter is part of the Utilities Department's long-term water supply plan to construct a well field interconnection pipeline to link the east and west wellfields, pump water from the west well field to supplement the water supply in the east, and fully utilize the existing treatment capacity at the East Water Treatment Plant. The vacuum filter will be designed to accommodate the lime sludge volume anticipated at the East Water Treatment Plant's permitted raw water supply flow of 24 million gallons per day (MGD). FISCAL IMPACT: Funding for this project in the amount of $194,985.00 is available in Utilities account #403-5000-590-96-02 WTRI12. The estimated construction cost for the project is $1.42 million. S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ({( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TlVES: This project is part of the Utilities Department's long-term water supply plan and is based on the Department's Water Use Permit application to the South Florida Water Management District. Cancellation or postponement of this project would negatively impact the City's ability to meet future water demands. Therefore, a reasonable alternative does not exist at this time. l ,I) -=====/ /\ ~ <=-_/ a-- ') Ii / ~ukJ./JJ'~ City Manager's Signature ", ") Department Name ....... ~~ Utilities Department xc: fY':eter Mazzella Michael Low c:}i2. Christopher Roschek Bevis Pigott Barbara Conboy City Attorney File S:\BUI,LETIN\FORMS\A.GENDA ITEM RFQUEST FORM.I)( lC 1 RESOLUTION NO. R09- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO EXECUTE AMENDMENT NO.2 TASK 6 ORDER NO. UOS-OI-05 WITH ARCADlS U.S., INC., FOR 7 ENGINEERING SERVICES FOR THE REPLACEMENT 8 OF THE VACUUM FILTER AT THE EAST WATER 9 TREATMENT PLANT IN THE AMOUNT OF $185,700.00 10 WITH A 5% CONTINGENCY OF $9,285.00 FOR A TOTAL 11 EXPENDITURE OF $194,985.00; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the existing vacuum filter at the East Water Treatment Plant is over 30 16 years old and is no longer in use; and 17 WHEREAS, the vacuum filter is an integral part of the East Water Treatment Plant's 1 B lime sludge dewatering process and needs to be upgraded as part of the overall plant 19 improvements; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 22 approve and authorize the execution of Amendment No.2 to Task Order No. U08-0l-0S with 23 ARCADIS U.S., Inc., for engineering services for the replacement of the vacuum filter at the 24 East Water Treatment Plant in the amount of$18S,700.00 with a S% contingency of$9,28S.00 25 fora total expenditure of$194,98S.00. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S\CA\RESQlAgreemenls\Task - Change OrderslArcadis {No 2) - U08-01-05 (Vacuum filter) doc approve and authorize the City Manager to execute Amendment No.2 to Task Order No. ll08- 2 OJ-05 with ARCADlS U.S., Inc., for engineering services for the replacement of the vacuum 3 filter at the East Water Treatment PJant in the amount of$185,700.00 with a 5% contingency of 4 $9,285.00 for a total expenditure of $194.985.00, a copy of which is attached hereto as Exhibit 8 9 10 11 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5 "A". 6 Section 3. This Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this __ day of September, 2009. CITY OF BOYNTON BEACH. FLORIDA Mayor Jerry Taylor Vice Mayor Woodrow 1.. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito. CMC City Clerk (Corporate Seal) S\CA\RESO\Agreements\Tas~ _ Change Orders\Arcadis (No 2) - UDS-01-0t> (Vacuum filler) O:,)L TASK ORDER NO U08-01-05 AMENDMENT NO.2 CITY OF BOYNTON BEACH EAST WATER TREATMENT PLANT VACUUM FILTER REPLACEMENT A. Background ARCADlS is pleased to submit this proposal for engineering services in connection with the vacuum filter replacement at the City of Boynton Beach, East Water Treatment Plant (WTP). The existing vacuum filter is 30+ years old and is no longer in use. The second story of the filter building has sustained significant hurricane damage and will require demolition of the existing steel support structure and replacement with a concrete block type structure with a precast roof deck. ARCADlS herein referred to as the Engineer, shall perform the services as outlined below for the City of Boynton Beach, herein referred to as the City. -B. . Scope of. Services The Engineer understands that the project will include demolition details for the existing vacuum filter system and the second story of the building, along with the design of the new vacuum filter system to replace the existing system at the City's East WTP. The system to be designed includes the vacuum filter and its ancillary devices; piping, sludge feed pumps, second story enclosure with access hatch for equipment removal and electrical/instrumentation and control upgrades. The following specific tasks shall be performed by the Engineer: Task 1 - Design Prepare plans and technical specifications for the proposed vacuum filter system and its ancillary devices to be installed at the City's East WTP. In general, the design shall include the following: a. Conduct a kickoff meeting at the City's office to establish project objectives and confirm design criteria. Attendees of the kickoff meeting shall include representatives of the Engineer and appropriate staff from the City. b. Preparation of demolition plans and detail drawings for the decommissioning of the existing vacuum filter, pumps and piping, along with the demolition of the second story structure. c. Preparation of civil, structural, mechanical, electrical/instrumentation and control drawings for the installation of a new vacuum filter system including piping, feed 1 pumps. ancillary devices, equipment and revisions to the second floor structure at the East WTP. d. Preparation of civil and mechanical drawings for the installation of new drains and piping within the iime building. e. Submit a set of plans and a specification outline to the City at the 30% completion level for review and comment. Upon the receipt of the 30% comments, the Engineer will proceed to 60% completion and will submit a set of plans and draft technical specifications for review and comment. The 90% review will consist of a set of plans and draft specifications (with City provided up front documents). The Engineer will meet with the City, at each review submittal (30%. 60%, 90% and final), to address any comments prior to revising the plans and specifications. The Engineer shall provide an estimate of probable cost with each submittal. f. Upon receipt of the 90% review comments, the Engineer will proceed to developing a final set of plans and specifications (with the City provided up-front documents). Task 2 - Permitting At the 90% completion level, ARCADIS will prepare for City review and approval of the necessary FDEP permit application documentation for the Palm Beach County Health Department (PBCHD) submittal. Once the City has accepted the 90% design, the Engineer will submit the permit to the PBCHD for processing. The Engineer will act as the Client's liaison with the permitting agencies during the permitting process. Once the FDEP/PBCHD permit has been received. the Engineer shall proceed with the 100% design documents including all drawings and technical specifications. Task 3 - Bidding Services The Engineer shall assist the City in soliciting bids, attend the bid opening, evaluate the bids and make a Recommendation of Award. Task 4 - Services During Construction The Engineer shall provide construction administration services to include the following: 1. Administration of the construction contract including the performance of all 'Engineer' designated tasks set forth in the construction contract. 2. Preparation of the contract documents. 3. Attendance at a pre-construction meeting. 4. Respond to requests for information (RFI's) from the Contractor. 2 5. Non-full time inspection to include; . Site visits from the ARCADIS electrical engineer as required to monitor construction progress. . Up to three (3) site visits per week from an ARCADIS inspector/engineer during active construction periods . Coordination with the City's Utility /Plant personnel . Conduct punch list inspection at Substantial completion and Final Completion of the project. 6. Bi-weekly progress meetings with City staff/ contractor. 7. Review of shop drawings. 8. Review and approval of contractor pay requests. 9. Attendance at Vacuum Filter start-up. 10. Preparation of final record drawings for the project and certification of completion to the regulatory agencies. 11. A letter from ARCADIS acknowledging project completion to the City. C. Assumptions The'above--scope--is predicated-on the-assumption-that-the City shall furnish, at-no cost to the Engineer, all available pertinent information including previous reports, plans, specifications, permits and other data relevant to the performance of the above services for the project. The Engineer, as noted above, assumes five (5) project meetings with the client; kickoff, 30%,60%, 90% and final. It is understood that modifications to the design criteria set forth herein or modifications to a design criteria established at any of the reviews (30%. 60%, 90% and Final), subsequent to said review, will constitute change of scope and associated change to fee and time of performance. In addition, the City shall designate, in writing, a person to act as the representative for services performed under this agreement. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2008 between the City of Boynton Beach and ARCADIS U.S., Inc. E. Additional Services If additional services are required in the performance of the above scope of services, beyond those normally provided by the Engineer, which must be sublet, the Engineer shall order the work after obtaining written authorization from the City. If the Engineer is requested to subcontract any work directly then a 10% markup will be applied to the subcontractor invoice for coordination services provided by the Engineer. 3 F. Obligations of the City The following specific information and/or items shall be furnished at no cost to the Engineer: 1. Data prepared by or services by others including, but not limited to, all pertinent accurate Record Drawings of the existing vacuum filter system which were completed as part of any previous expansion and drawings of the Lime Building. 2. All permit application and government inspection fees. 3. City standard up- front contract items for the specification bid package. G. Fees The fees for this work will be per task as follows: Engineering Services Lump Sum $ 102,750.00 $ 4,750.00 $ 4,450.00 $ 73,750.00 TOTAL $ 185,700.00 Task 1 - Design........................... ...... .................. ..... Task 2 ~ Permitting:.. ............ ......... ...... ...................... Task 3 - Bidding Services......... ......... ......... ................ Task 4 - Services During Construction................ ............ 'The noted fee assumes construction will be completed within the construction period indicated below. H. Schedule The completion dates for this work will be as follows (starting at written NTP). Engineering Services Time per Task Task 1 -Design........... 120 days Task 2 - Permitting............ ......... ............ ....................... 60 days Task 3 - Bidding Services......... ......... ..................... As required Task 4 - Services During Construction............... ........ 300 days 4 APPROVED BY: CITY OF BOYNTON BEACH By: Kurt Bressner, City Manager day of Dated this SUBMITTED BY: ARCADIS U.S., INC. By: Dated this 2. k-r~ ,2009 day of ., Associate Vice President A 1J6Ll 5T ,2009 5 TASK ORDER NO U08-01-05 AMENDMENT NO.2 City of Boynton Beach East Water Treatment Plant Vacuum Filter Replacement TASK 1 DESIGN (180) Proj. (160) (120) I (100) (90) Sr. (50) TASK Dir. Sr. PM Proj. Eng. Engineer Des. Admin SUBTOTAL On-Site Meetirla(Kick-off) 3.0 3.0 3.0 - - 2.0 11.00 Field Work I Data Collection - - 6.0 4.0 6.0 - 16.00 Demolition Plans - - 12.0 8.0 26.0 - 46.00 Vac. Filter Desion 3.0 - 32.0 16.0 - - 48.00 Civil I Vac. Filter Dwq's - 8.0 4.0 16.0 no - 100.00 Structural Desion - 32.0 12.0 8.0 - - 52.00 Structural Dwo'sl Shop - - - 8.0 52.0 - 60.00 Mechanical DwO's - - 10.0 4.0 25.0 - 39.00 Coord. w/Electrical/lnstrumentation 4.0 16.0 - 14.0 - 34.00 Civil I Drains (a) Lime Bldg - 2.0 12.0 8.0 24.0 - 46.00 Draft Specifications - 4.0 12.0 12.0 - 16.0 44.00 30% Review Mtal Submittal 2.0 4.0 8.0 - 4.0 2.0 20.00 60% Review Mtol Submittal - 4.0 8.0 - 5.0 4.0 21.00 90% Review Mliil Submittal 2.0 4.0 8.0 - 5.0 4.0 23.00 Cost Estimate - 2.0 12.0 2.0 - 4.0 20.00 Final Review Mtol Submittal - 4.0 8.0 - 5.0 - 17.00 Final Plans/OAlOC 4.0 4.0 16.0 21.0 27.0 2.0 74.00 14.0 75.0 179.0 107.0 265.0 34.0 671.00 Subtotal $ 2,520.00 $ 12,000.00 $ 21,480.00 $10,700.00 $ 23,850.00 $1,700.00 $ 72,250.00 SUBCONTRACTOR (JH Ham Enaineering, In' $ 25,000.00 REIMBURSABLES (ARCADISl $ 5,500.00 TOTAL $ 102,750.00 ... 8/24/O-~9 TASK 2 PERMITTING (180) (160) (120) (90) Sr. (50) TASK Proj. Dir. Sr. PM Proj. Eng. I Admin SUBTOTAL ! Des. Permit Application .. 2.0 4.0 .. 2.5 8.50 Permit Submittal 1.0 2.0 6.0 3.0 2.0 14.00 Permit Responses 1.0 6.0 6.0 .. 1.5 14.50 2.0 10.0 16.0 3.0 6.0 37.00 Subtotal $ 360.00 $ 1,600.00 $ 1,920.00 $' 270.00 $ 300.00 $ 4,450.00 REIMBURSABLES $ 300.00 TOTAL $ 4,750.00 TASK 3 BIDDING SERVICES , (180) (160) (120) (90) Sr. (50) TASK Proj. Dir. Sr. PM Proj. Eng. I Des. Admin SUBTOTAL Sid Doc Set-up I Plottinq - - - 3.0 3.00 Doc Set-up I Sales - - 2.0 - 2.0 4.00 QfA - 2.0 4.0 - 1.0 7.00 Addendumsl Clarifications - 1.0 - 1.0 2.00 Pre-Sid Meeting - 2.0 4.0 - 2.0 8.00 Sid Openino - 3.0 - - 3.00 Sid Evalution 1.0 1.0 4.0 - 6.00 Sid Award 1.0 2.0 - 1.0 4.00 1.0 7.0 19.0 3.0 7.0 37.00 Subtotal $ 180.00 $ 1,120.00 $ 2,280.00 $ 270.00 $ 350.00 $ 4,200.00 Reimbursables $ 250.00 TOTAL $ 4,450.00 TASK ORDER NO UOP "1-05 AMENDMENT NO.2 City of Boynton Beach East Water .11ent Plant Vacuum Filter Replacement TASK 4 SERVICES DURING CONSTRUCTION (180) Proj. (160) (120) (90) Sr. (50) 'I Des.! Dir. Sr. PM Proj. Eng. Admin TASK !llnspect. SUBTOTAL Contract Documents - - 4.0 , - 2.0 Pre-con Mtg 4.0 4.0 8.0 4.0 2.0 RFI's lest 4) - 2.0 8.0 4.0 4.0 Inspection - 20.0 60.0 225.0 40.0 ProQress MtQ 2.0 8.0 12.0 - 4.0 Shop Drawings - 4.0 40.0 . - 12.0 Pav Reauests 151 - 2.0 12.0 8.0 4.0 Start-up 4.0 8.0 32.0 - 4.0 Final Completion 2.0 4.0 16.0 4.0 6.0 Record Drawings 2.0 8.0 12.0 54.0 200.0 245.0 78.0 0.00 Subtotal $ 2,160.00 $ 8,640.00 $ 24,000.00 $22,050.00 $ 3,900.00 $ 60,750.00 SUBCONTRACTOR (JH Ham Enqineerinq, In' $ 9,500.00 Reimbursables $ 3,500.00 TOTAL $ 73,750.00 8/24/2009 Task Order No. W-08-01-05 Amendment No.2 Personnel Project Director Bill Reese Sr. Project Manager Tom Jensen Electrical Sub. Project Engineer Jason Pugsley Kris Dean Sr. Designerllnspector Tony Steffer Jim Farrell Admin. Susan Gunn Diana Walker ~'~v ~~ , \ ",I \z 0\ ~ Iv )...~",. /.,.. /V".'- ."-<(,< . ON 'I' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\_ VI.-CONSENT AGENDA ITEM C.6. Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Form Must be Meeting: Dates in to Citv Clerk's Office Turned in to Legal Turned in to Procurement D Seotember I, 2009 August 17,2009 August 12. 2009 August 10. 2009 (gJ Seotember 1~ 2009 August 31, 2009 August 26, 2009 August 24. 2009 D D D Announcements/Presentations D City Manager's Reoort NATURE OF D Administrative D New Business AGENDA ITEM (gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve a motion authorizing the following actions necessary to build out and operate the "Saiifish Cafe" in the Library. (I) Amend the City's Capita] Improvement Plan (CI?) for FY 2008/09 by budgeting and appropriating $] 15,000 to build out the Sailfish Cafe. (2) Authorize City staff to act as general contractor to construct the improvements and award purchase orders to the lowest bidders per trade. (31 Approve a construction budget in the amount of$104,452 dollars plus a ten (10%) contingency and $48 for a total project budget of $115,000. (4) Approve the Lease Agreement between City of Boynton Beach and Ellie's Catering and authorize the City Manager to execute the Agreement upon issuance of a Certificate of Occupancy and to be effective the first day of the month thereafter (5) Authorize (a) an interfund loan with interest at the annual rate of 3% from the Landfill Management Escrow Account in the Sanitation Fund to the Capital Improvement Fund in order to provide a source of funds to cover construction costs and (b 1 the repayment of the loan from revenue received by the General Fund from the above Lease Agreement over a five year eight month (68 monthl totai period. EXPLANATION: While the new Library was completed this past year providing the space for a cafe, that project did not include the design and construction of the cafe itself. Then on March 17th, 2009. in order to operate the concession at the cafe. the City Commission awarded a response to RFQ#024-26I 0-09/JA to Ellie's Catering and authorized staff to negotiate a Lease Agreement for Concession Operations at Boynton Beach City Library Cafe; the "Saiifish Cafe". Accordingly, on April 3, 2009 the City issued a purchase order to JMW A Architects to perform space planning, construction plans, and interior design services for the Cafe project. The plans were completed on June 23, 2009. To minimize costs, the City intends to act as General Contractor and staff solicited pricing from vendors based on various trades. A minimum of three bids were provided per trade and based on those proposals a budget was deveioped with City staff overseeing construction. City staff will be utiiized to perform part of the construction and the remaining parts of the project will be awarded to the lowest bidders per specific trades; which include electrical. piumbing, drywall & framing, flooring, appliances. furniture, and millwork. The savings generated by City staff acting as General Contractor will be $] ] ,269 dollars as compared to the City awarding the project to a general contractor However, at a time when the City is considering deferring capital projects, staff is creatively recommending an interfund loan from the Sanitation Fund (an Enterprise Fund) to provide funding for this small project. The funds will come from available excess cash in an interest bearing mandatory Landfill Management Escrow Account that must be maintained for a 20-year period to pay for potential post closure costs of the former City iandfill. That Account will loan the funds for this small project at a 3% interest rate that is higher than currently earned, yet lower than an interest rate from a bank loan or bond. The loan will be paid back from revenue generated from the Library Cafe Lease Agreement that will become available beginning with the completion of this capita] project. C'\Documcnls and Settmgs\pyleJ\Local SettmgslTemporary Internet Files\OLK5\Agenda Item Requesl- Sep IS 200Q (The Sailfish CafelR.doc ~''fYrO'' .... \ '1\.,.)/ ~ON CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM rMPACT: The ne\\-' Cat!;: will be an integral part of the Library which will provide a necessary service to library patrons and improve the experience of visitors to the Library Th~ Cafe will also be a resource for the City by offering catering services for events in and around the City's municipal complex including the Library auditoriums FISCAL IMPACT: The fiscal impact eiements follow. Proiect Budllet Exoenditures Construction Costs Contingency (10% pius $48 rounding) rota I Funding $104,452 ~ 10,548 $1 1 5,000 Funding Sources Sanitation Fund Loan (_(!~' 3~iO per Annum Sli.5:,OOIl Loan Repayment - General Fund Cafe Lease Payments Per Attached Loan Amortization Schedule Loan Principal Loan interest $115,000 $ 10,955 $_125_~95 5 The projected payback period is 68 months (5 years and 8 months) based on the following Library Cafe Lease payment schedule summarized as follows: Month 1-6 7-12 13-24 25,36 37-48 49-60 61-67 68 Lease Payment $1,000 $1,700 $1,800 $1,900 $1,995 (*) $2.095 (* I $2,200 (*) S 875 (Final) Totai $ 6,000 S 10,200 $21,600 $ 21,800 $ 23,940 $25,140 $ i 5AOO $:, 875 $J~~55 (*) Lease payments will increase 50'0 annually if extended by rene\val option. The initial term of the lease is for 36 months and subject to two additional lwo year renewal periods for a potentiai lotal of seven (7) years or 84 months that run beyond the above 68 month repaymenl schedule if the optional renewai periods are exercised. ALTERNA TIVES: Do not approve Lease Agreement, construction budget, or authorize staff' to act as general contractor and award purchase orders to the subcontractors and elect to not have a cafe within our Ill.'\\-' LibraI)' EXHIBITS: A - Proposed !loor plan prepared by JMW A Architects. B - Construction budget. C, Lease Agreement betwee~I" City of Boynton Beach & Ellie's Catering. D - L mliizatrn sChedu/. i s Signature ) > I j,' L ., \''''k'ttt (A~__ City Manager's Signature. Public.: Works . ~n~IU City Manager' C____'" i ('it\' Attoml'y " Finance Department Name l' \Docum\.:nts and Scttlngs\pvkj\Lol.:al Sdtlngs\Tcrnporary Internet FilcslCJLK5\Agenda Itl,,:IT\ 1{i;4W':<.t - <';..:p 1:\ 2uO'1 iThe Sailtlsh l alcl]{,j,),' 1 RESOLUTION NO. R09- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO EXECUTE A THREE YEAR LEASE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND ELLIE'S CATERING, INC., FOR THE 9 CONCESSION OPERATIONS AT THE CITY LIBRARY 10 CAFE; AUTHORIZING CITY STAFF TO ACT AS 11 GENERAL CONTRACTOR TO CONSTRUCT THE 12 IMPROVEMENTS AND AWARD PURCHASE ORDERS TO 13 THE LOWEST BIDDERS PER TRADE; APPROVE A 14 CONSTRUCTION BUDGET IN THE AMOUNT OF 15 $104,452.00 PLUS A 10% CONTINGENCY PLUS $48 FOR A 16 TOTAL PROJECT BUDGET OF $115,000.00; 17 AUTHORIZING AN INTERFUND LOAN AT THE 18 ANNUAL RATE OF 3%; AUTHORIZING AMENDMENT 19 TO THE CITY'S CAPITAL IMPROVEMENT PLAN FOR 20 FISCAL YEAR 2008/09; PROVIDING AN EFFECTIVE -21 DATE;-- __H.m_ 22 23 WHEREAS, on March 17,2009, the City Commission awarded a response to RFQ 24 024-2610-09/JA to Ellie's Catering, Inc., and authorized staff to negotiate a Lease 25 greement for Concession Operations at the Boynton Beach Library Cafe; and 26 WHEREAS, on April 3, 2009, the City issued a purchase order to JMWA Architects 27 0 perfonn space planning, construction plans, and interior design services for the Cafe which 28 ere completed on June 23, 2009; and 29 WHEREAS, City staff will be utilized to perfonn part of the construction and the 30 emaining parts of the project will be awarded to the lowest bidders per specific trades; and 31 WHEREAS, staff is recommending an interfund loan from the Sanitation Fund to 32 rovide funding for this project which will be paid back from revenue generated from the 33 Library Cafe Lease Agreement; and \CC\WP\Resolutlons\2009'\Sailfish Cafe Llbrary_ooc 1 WHERl::AS, the City Commission will need to approve a constructlUn nudget in the 2 amount of $115,000 and amend the Cit)', Capital Improvement Plan for FIscal Year 3 2008/2009 by budgeting and appropriating the $115,000.00 to build out the SailfIsh Cafe. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 The foregoing "Whereas" clauses are hereby ratified and confIrmed as Section 1. 7 being true and correct and are hereby made a specific part of this Resolution upon adoption 8 hereof. 9 The City Commission ofthe City of Boynton Beach hereby authorizes and Section 2. 10 directs the City Manager to execute a Three Year Lease Agreement for Concession Operations at 11 the Boynton Beach City Library Cafe between tre City of Boynton Beach and Ellie's Catering, 12 lnc.. a copy of which is attached hereto as Exhibit "A" 13 The City Commission of the City of Boynton Beach hereby approves a Section 3. 14 construction budget in the amount of $1 04,452.00 plus a 10% contingency and $48 for a total 15 project budget of $115,000.00. 16 Section 4. The City Commission of the City of Boynton Beach hereby approves the 17 amendment of the City's Capital Improvement Pian (C!PI for fiscal year 2008/09 by budgeting 18 and appropriating $115,000.00 to build out the Sailfish Cafe. 19 The City Commission hereby authorizes staff to act as General Contractor Section 5. 20 to construct the improvements and award purchase ordcrs to the lowest bidders per trade. 21 The City Commission hereby authorizes an interfund loan with interest at Section 6. 22 the annual rate of 3% from the Landfill Management Escrmv Account in the Sanitation Fund to 23 the Capital Improvement Fund in order to provide a source of funds to cover construction costs S\CA\RESOISailflsh Cale - Library doc II 1 and the repayment of the loan from revenue received by the General Fund from the Lease 2 Agreement. 3 Section 7. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of September, 2009. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Mayor - Jerry Taylor 12 13 14 15 Vice Mayor - Woodrow L. Hay 16 17 18 19 Commissioner - Ronald Weiland 20 21 22 23 Commissioner - Jose Rodriguez 24 25 26 27 Commissioner - Marlene Ross 28 ATTEST: 29 30 31 32 33 Janet M. Prainito, CMC 34 City Clerk 35 36 37 38 (Corporate Seal) 39 40 S.\CAIRESOISaiWish Cafe L.lbrary_doc SAILFISH CAFE Loan Amortization Schedule Enter Values LQ!..n ~ummai)' ioari-'Amount! $ 115_,.9_qo,60 Scheduled Payment, $ 1,747.27- Annual Interest Ratee 3000;;,- Scheduled Number of Payments ~~ n loan Period In Years 6 Actual Number of Payments 68- Number of Payments Per Year' 12 Tota\ Early Payments $ Start Date of loan 121~~OO9 Total Interest $ 10,95447 Optio~al Extra Pa~mentsl PmtN Payment Beginning Scht:l'duled Total Principal Interest Ending o. Date Balance Payment Payment Payment Payment Balance 1 1/1/2010 $ .. 115,000.00 $ 1,000.00 $ 1,000.00 $ 71250 $ 287.50 $ -'14,287.50 2 2/1/2010 114,26750 1,000.00 1,000.00 '1428 285.72 113.573.22 3 3/1/2010 113,573.22 1000.00 1,000,00 ;6 [Ii 28393 112,85715 4 4/1/2010 112,85715 1,00000 1,000.00 1:80 282.14 '112,139.29 5 5/1/2010 112,139.2:9 1,000.00 1,000,00 18.65 260.35 111 419.64 6 6/1f2010 111,419.64 1,000.00 1,000.00 ;'2~ 45 278.55 110,698.19 7 7/1f2010 110,698.19 1,700.00 1,700.00 1423.25 276.75 109,274.94 8 8/1/2010 109,274.94 1,700.00 1,70000 142681 273.19 107,848.12 9 9/1/2010 107,848.12 1,70000 1,70000 143038 26962 106.41775 10 10/1/2010 106,417.75 1,700_00 1,700_00 1,43396 266 04 104,983.79 11 11/112010 104,983.79 1,70000 1,70000 143754 262.46 103.546.25 12 12/1/2010 103,546.25 1,700.00 1,700,00 144113 258.87 102,105.11 13 1f1/2011 102,105,11 1,800.00 1,800.00 1.54474 255.26 100,560.38 14 2J1/2011 100,560.38 1,800.00 1,800.00 1548.60 251.40 99,011.78 15 3/1/2011 99,011.78 1,800.00 1,800.00 155247 24753 97,459.31 16 4f1/2011 97,459.31 1,800,00 1,800,00 1,556.35 243.65 95,902.96 17 5/1/2011 95,902.96 1,80000 1,800.00 156024 239.76 94,342,71 18 6f1l2011 94,342.71 1,80000 1,800.00 1.56414 23586 92,778.57 19 7/1/2011 92,778.&7 1,80000 1,800.00 1568.05 23195 91.210.52 20 8/112011 91,21052 1,800.00 1,800.00 ',.:'71,97 228,03 89,838.54 21 9/1/2011 58,63t1.54 1,800.GO ': ,600.00 ,~ _v 22-<110 85,052.64 22 10f1/2011 68,062.64 1. 800 00 1,800 DO 1 :'79.84 220,16 86,482.80 23 11/1/2011 86,482,80 1,800.00 1,800.00 158379 216.21 84,899.00 24 12/1/2011 84,899.00 1,800.00 1,600.00 1587.75 212.25 83,311.25 25 1f1f2012 83,311-.25 1,906,00 1,96o~6o- 1,69172 208~28 B1";61-9~53 26 2/1/2012 81,619,53 1,900.00 1,900.00 1.695,95 20405 79,923.58 27 3/1/2012 78,923.58 1,900,00 1,900.00 ,700.19 199.81 78,223.39 28 4/1f2012 78,223.39 1,900.00 1,900.00 ~704 44 195,56 76,518.94 29 5/1/2012 76,518,94 1,90000 1,900.00 ' 70870 191.30 74,810.24 30 6f1/2012 74,810,24 1,900.00 1,900,00 . -'1:'97 18703 73,097.27 31 7/1/2012 73,097.27 1.900,00 1,90000 .,.~ '.26 162.74 71,380.01 32 8/1/2012 71,38001 1,900.00 1.900.00 ,"2,55 17845 69,658,46 33 9/1/2012 69,658.46 1,900.00 1,900.00 ,725.85 174.15 67,932.61 34 10f1/2012 67,932.61 1,900.00 1,90000 InO.1? 169.83 66,202.44 35 11/1/2012 66,20244 1,90000 1,900.00 : -'3449 165,51 64,467.94 36 12/1/2012 64,467.94 1,900.00 1,900.00 1738.83 16",,17 62,729.11 37 1/112013 62,729.11 1,99500 1,995.00 1,838,18 15682 60,890.94 36 2/112013 60,890.94 1,995.00 1,995.00 " fi42 iT 152.23 59,048.16 39 3/1/2013 59,048.16 1,99500 1,99500 1847.38 14762 57,200,79 40 4/1/2013 57,200.79 1,995.00 1,995.00 .,85200 143.00 55,348.79 41 5f1f2013 55,348.79 1,995,00 1,995,00 185663 ;3837 53,492.16 42 6/1/2013 53,492.16 1,99500 1,995.00 18(;1.27 ,3373 51,630.89 43 7f1l2013 51,630.89 1,995.00 1,995.00 186592 12908 49,76497 44 8/1/2013 49,764,97 1,99500 1,99500 j 870.59 ,24.41 47,894.38 45 9/1/2013 47,894.38 199500 1,995.00 1,87526 11974 46,019,12 46 10/1/2013 46,019,12 1,995.00 1,995.00 1879,95 115.05 44,13916 47 11/1/2013 44,139.16 1,99500 1.99S,OC 884.6t1 110.35 42,254.5'1 48 12/1f2013 42,254.51 1,995.00 1,995.00 188936 105.64 40,365.15 49 1/1/2014 40,365.15 2,095.00 2,095.00 1,994,09 10091 38,371.06 50 2/1/2014 38,371.06 2,09500 2,095 00 1.999,07 9593 36,371,99 51 3/1/2014 36,371 99 2,095.00 2,095.00 200407 90.93 34,367.92 52 41112014 34,367.92 2,095,00 2,095.00 2. 009.0e 85.92 32.358,84 53 5/1/2014 32.358,84 2,095.00 2,095.00 201410 8090 30,344.73 54 6/1/2014 30,34413 2,095.00 2,095.00 ~:Oi 9 14 7586 28,325,60 55 7/1f2014 28,325.60 ? 095.00 2,095.00 ':,U2419 1081 26,301.41 56 8/1/2014 26,301.41 2,09500 2,09500 2029.25 6575 24.272.16 57 91112014 24,272 16 2095.00 2,095.00 ~,0:i4 32 6068 22,237,84 56 10f1f2014 22,237.84 2,095,00 2,09500 : 039.41 5559 20.198.44 59 11/1/2014 20,198.44 2,095.00 2,095.00 2.044.50 50,50 18,153.93 60 12/1/2014 18,153.93 2,09500 2,095 DO ~!.049 62 45.38 16,104 32 61 1/1f2015 16,104.32 2,200.00 2.200.00 2.15974 40.26 13,944.58 62 211/2015 13,944,58 2,20000 2.200.00 ::.1('.:; 14 34,86 11,77944 63 3/1f2015 11,779.44 ',200.00 2.200,00 " 17055 29.45 9,60889 64 4f1/2015 9,608.89 2,20000 2.200.00 :.'.17598 24.07 7432.91 65 5/112015 7,432.91 2.200.00 2.200,00 "- ltl'1 42 1858 5,251.50 66 6f1f2015 5.251.50 2,20000 2,200.00 218687 n13 3,064.62 67 7/1/2015 3,064.62 2.200,00 2,200,00 - ',9234 i 66 87229 68 8/1/2015 872.29 87447 87447 ~"2 :?9 18 [lOD $ 125,9')447 $ 11" ')0000 $ 10,9544 S:\Finance\Bonds & I oans\ \ Sailfish Cafe \ Amortization Table "THREE-YEAR LEASE AGREEMENT CONCESSION OPERATIONS AT BOYNTON BEACH CITY LIBRARY CAFE" LOCATED AT 208 SOUTH SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ELLIE'S CATERING. INC. hereinafter referred to as "the Concessionaire", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Concessionaire is retained by the City to perform the concession operations in connection with the project designated "THREE-YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH CITY LIBRARY CAFE" LOCATED AT 208 SOUTH SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA 2. SCOPE OF SERVICES. Concessionaire agrees to perform the services, identified in Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to Concessionaire a portion ofthe designated City facility located at the Boynton Beach City Library and more particularly described as "Library Cafe", located within Boynton Beach City Library, is a cafe area of approximately seven hUridred ninety-two (792) square feet; as well as up to one hundred sixty- one (160) square feet of storage space to be determined by the Library Director. The space is designated as the "Library Cafe", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages for library patrons." 4. TERM OF LEASE. Work under this contract shall commence upon the giving of written notice by the City to the Concessionaire to proceed. This lease agreement shall be in force for a period of three (3) years, unless sooner terminated as provided in Section 14, Termination. This lease shall be effective 5. PAYMENT. The Concessionaire shall pay the City the lease payment as outlined below over the term of the lease agreement. Term Year (Months) Lease Pavrnent 1...................... 0-6.......... ....... ...... $1,000.00 1......................7-12..................... $1,700.00 2...................... 13-24..... ...... ......... $1,800.00 3...................... 25-36.................... $1,900.00 Lease payments will be increase by 5% annually if extended by renewal option as outlined in Exhibit "A". a. Said payment shall be made and received by the City on or before the I st day of each and every month. A late fee of 15% will be charged for payments received after the 5th day of each month. Any monthly payment not received by the 25th day of each month shall be subject to a 15% late fee and shall be grounds for termination of this agreement. CA-! b. Concessionaire will keep accurate records of all sales and receipts through the USe. 'i electronic cash registers, which provide daily tapes and reports. The ConcessionaIre Wl]] prcpar. a monthly report to the Library Director. The City will have the right to inspect lht hooks, records and inventories of the Concessionaire at any reasonable time. Monthly reports shall be due on the 5th day of each month to the Library Director. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of$l,OOO.OO made by Concessionaire at time of award will be retumeJ to Concessionaire at the end of the term, without interest, after determinatIon that the Concessionaire has fulfilled all terms of the lease and left the premises In adequate condition, as determined by the Library Director. e. The Concessionaire's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 6. COMPLIANCE WITH LAWS. Concessionaire shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local la""s,_ ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Concessionaire shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Concessionaire's own employees, or damage to property occasioned by a negligent act, omission or failure of the Concessionaire. 8. INSURANCE. The Concessionaire shall secure and maintain III force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1 ,OOO.OUO per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thIrty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution ofthis agreement. 9. INDEPENDENT CONTRACTOR. The Concessionaire and the City agree that the Concessionaire is an independent contractor with respect to the services provided pursuant to tl1lS agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Concessionaire nor any employee of Concessionaire shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer WIth respect lu Concessionaire, or any employee of Concessionaire. CA-2 10. COVENANT AGAINST CONTINGENT FEES. The Concessionaire warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Concessionaire, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Concessionaire, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. THE CONCESSIONAIRE, WITH REGARD TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF MATERIALS OR SUPPLIES. 12. ASSIGNMENT. The Concessionaire shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Concessionaire. b. In the event of the death of a member, partner or officer of the Concessionaire, or any of its supervisory personnel assigned to the project, the surviving members of the Concessionaire hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Concessionaire and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of monthly payment as stated in Section 4, "Term of Lease". d. This lease agreement may, at the option of the City, be terminated immediately if the Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. CA-3 15. RENEW AL. The lease agreement has an option to renew the contract jc)r twu = i addiliu, two (2) year periods as stated in original proposal submitted. sub,ect tLl vendc'l aCl'e""" '. satisfact~ry performance and dete~inati;n that renewal wlll be om the besl !11leresi ul City, at the City's sole discretion. il:. 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach City Library 208 South Seacrest Boulevard Boynton Beach, FL 33435 Attn: Craig Clark, Library Director Notices to Concessionaire shall be sent to the following address: Ellie's Catering, Inc. 2410 N. Federal Highway Delray Beach, Fl 33483 Attn: James Guilbeault 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Concessionaire and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Concessionaire. CA-4 DATED this _ day of ,20_ CITY OF BOYNTON BEACH City Manager Attest! Authenticated: City Clerk Approved as to Form: Office of the City Attorney Rev. 1/22/91 CA-5 Concessionaire Title (Corporate Seal) Attest! Authenticated: Secretary EXHIBlT "A" SCOPE OF SERVICES Concessionaire: 1. Concessionaire shall pay a monthly lease payment to the City for the three years. Upon renewal; the lease payment will be negotiable. 2. Concessionaire shall submit a sample written menu with proposal to include the brand name of the product being offered and a detailed description of the item 3. Concessionaire shall provide all working capital, operating equipment, and Inventory necessary to effectively manage the concession. 4. The City will pay for all electric bills for the Library Cafe up to $250.00 dollars per month. Concessionaire will be responsible for payment of electric bills related to the concessionaire's operation in excess of$250.00 per month. A separate metering device will be provided by the City and bills will be based on usage and existing electric rates for the City Library. The average electric bill is being estimated at 250.00/month. 5. The City reserves the right, or any organization granted powers as their agent, to sell food and beverages for special community event ]Jrogr<llIlsof short duration as scheduled by the City. A short duration is defined as one (1) to three (3) days. 6. The City shall not operate any competing concessions at Boynton Beach City Library without the Concessionaire's approval, or without the Concessionaire having the first option as to additional operations. 7. The Concessionaire will sell food and beverages as allowed by the City of Boynton Beach for the exclusive use by residents and visitors to the Boynton Beach City Library. 8. Concessionaire may offer non-consumables for sale. Non-consumables may include, but are not limited to books, newspapers, and novelty items; however, the City of Boynton reserves the right to have the final approval of such items. No alcohol or tobacco products shal I be offered for sale. 9. The Library may request Concessionaire to offer the sale oft-shirts, hats, and other merchandise fashioned with the Library logo. These items will be inventoried by the City and all proceeds from their sale will be paid to the City in addition to the monthly lease payment. 10. City shall not be responsible for any goods or equipment stored at the concession nor will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. i i. The City reserves the right to inspect premises at any time. CA-6 12. The Concessionaire shall keep accurate records of all sales and receipts through the use of electronic cash registers which provide daily tapes and reports. The Concessionaire will prepare a monthly report to the City and attach copies of the daily tapes of each report; report will be due the 5th of each month although the lease payment is due the 1st of each month. The City shall have the right to inspect the books, records and inventories of the Concessionaire at any reasonable time. 13. At time of award, the Concessionaire shall file with Library Director, a $1,000 security deposit, refundable at the end of the term, without interest, after determination that the Concessionaire has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Recreation Director. 14. The Concessionaire shall not alter the character, structure, interior decoration or surfaces of the premises with out the prior consent of the City in writing. 15. The Concessionaire shall furnish and install at its own expense all necessary telephone, cable/satellite, and auxiliary equipment, and pay all costs incurred from said telephone and cable/satellite equipment. Food Products: 1. All foods, drinks, beverages, confectionery, refreshments, and the like sold or kept for sale, . shall oe-i5fFIRST QUALITVimd confOim in'all respects to the federal, state, arid municipal food and other laws, ordinances, and regulations. 2. No imitation, adulterated, or misbranded article shall be sold or kept for sale, and all products kept on hand shall be stored and handled with due regard for sanitation. Leftover perishable products shall not be sold at any time. 3. Concessionaire shall utilize Branded Products (i.e. Barney's Coffee, Pepsi, Coca Cola, etc.). 4. The Concessionaire will be responsible for the purchase, inventory and security of all food products offered for sale in the concession. 5. The Concessionaire shall arrange for the delivery of supplies used at the concession site at times and in a manner so that such deliveries do not create congestion or undue interference with regular operation and maintenance of the site. 6. Items sold by the Concessionaire are restricted by the City of Boynton Beach as follows: Deep fat frying is not permitted: . Bagels . Muffins . Condiments for Bagels . Prepackaged sandwiches . Prepackaged Salads with Prepackaged Dressing . Prepackaged potato chips, peanuts, etc. . Candy CA-7 . Pizza . Prepackaged bakery goods . Ice cream, ice cream bars, and other dairy products · Soft drinks, coffee, and tea 7. City shall reserve the right to "taste test" all menu items to ensure quality. 8. City shall have the final approval on what menu items are used. Approval will not be unreasonably withheld. 9. The Concessionaire will be responsible for pest control. Equipment: 1. The City will provide essential equipment for the operation of the cafe. An inventory of essential equipment provided by the City is attached hereto in EXHIBIT "B". Concessionaire will responsible to provide all other concession equipment that is required to operate and maintain the cafe. Equipment may include, but is not limited to microwave/convection oven combo, soup wanners, coffee brewer, tea brewer, toaster; conveyor type, soft serve ice cream machine, paper napkin dispensers, cash registers, credit card machines, a:m.Lur clcanm~ equipment. 2. The Concessionaire will be responsible for maintenance and repair of all City owned equipment located in the cafe, further defined and listed in EXHIBIT "B" attached hereto. 3. All concession sales will utilize disposable plates, cups and cutlery. Signagel Advertising: 1. Signs, advertising materials, posters, and other such material used by the Concessionaire shall be subject to the approval of the Library Director. Hours and Dates of Operations: I. The Concessionaire shall be open for operations a minimum of five (5) days per week WIth the following schedule: Monday thru Thursday, 9:00 a.m. to 6:00 p.m. and Saturday 9:UO a.m. to 5 :00 p.m. The Concessionaire at its discretion will be allowed to expand hours of operation subject to prior approval from the Library Director. Approval will not be unreasonably witWleld. Total available hours are subject to the regulations of the CIty of Boynton Beach. Exact time of opening and closing may have variations if approved by the Library Director. Security: I. The Concessionaire will coordinate with Library Director to ensure that operation of the cafe does not interfere or circumvent the safe and secure operation of the Library. CA-~ 2. The Concessionaire and all its employees will be required to obtain proper identification from the City of Boynton Beach Police Department and will be required to wear id at all times Outdoor Seating: 1. The Concessionaire at its discretion will be allowed to have outdoor seating. The Concessionaire will be responsible to provide all seating and required to obtain any permits from the appropriate governing agency. City shall have the final approval on number seats, type of seating, storage and use of seating, and location of outdoor seating. Approval will not be unreasonably withheld. 2. The Concessionaire will be responsible for setting up, storing, and maintaining all outdoor seating. Concession Personnel: I. The Concessionaire will provide, supervise, and compensate all concession employees. The staff will be employees of the Concessionaire, not the City. The Concessionaire shall at all times be an independent contractor and the agreement shall not in any way create or form a partnership or joint venture with the City. No agent, servant, or employee of the Concessionaire shall under any circumstances be deemed an agent, servant, or employee of the City: -.---~. 2. Concessionaire must conduct regularly scheduled training sessions throughout the year, as approved by the City, for all personnel. At a minimum, the training will consist of Customer Service skills training. Documentation oftraining shall be sent to the Library Director. 3. Consumption of alcoholic beverages, smoking, and use of any tobacco products is prohibited inside the Boynton Beach City Library buildings including the cafe area. 4. Concessionaire's staff shall be at all times neatly and cleanly dressed. 5. Vendor shall provide a list of employees to the city and provide proof that employer has conducted a background check with the State of Florida Department of Law Enforcement and the results of the background check for each employee who will be working at the concession stand. City shall retain the right to prohibit an employee from working at the concession stand based on the results of the background check. 6. Concessionaire shall employ only competent personnel to perform concession services. In the event the City, in its sole discretion, at any time during the term of this lease agreement, desires the removal of any person or persons employed by Concessionaire to perform concession services pursuant to this lease agreement, Concessionaire shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. 7. Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the products used in the performance of the contract on the premises. The MSDS's shall be accessible to the Concessionaire's employees and to City employees for the purpose of CA-9 reference with regard to toxic and hazardous properties, precautions to take and what t" do I, case of an emergency. Sanitation: 1. Concessionaire will be responsible for bringing their trash and garbage to the dcsib'llated dumpster or recycling areas. 2. The Concessionaire shall maintain the premises in a clean and tenantable condition and will make every effort to assist the City in keeping the area free from debris and litter. 3. Concessionaire is responsible for complying with all recycling rules, regulations, and 13ws OJ the City and/or appropriate governmental bodies. Term of Contract: I. The lease agreement shall be for a period of three (3) years WIth an option to renew for two (2) additional two (2) year periods, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 2. Monthly payment to City shall be due the first (l st).of each month. Any monthly payment not received by the 5th of the month shall be subject to a 15%late fee. Any monthly payment not rec'dvedhythe-2Sth of the month shalibesuhject to a 15% late fee and shall be grounds for termination of contract. 3. The City reserves the right to terminate lease agreement thirty (30) days after delivery of written notice of such termination and reason(s) for the lease termination. 4. This lease agreement may, at the option of the City, be terminated immediately if the Concessionaire shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. CA-llI EXHIBIT "B" INVENTORY OF EQUIPMENT EQUIPMENT SCHEDULE Item No Qty Eauioment Cateao,ry Model Nu mber SUPPLI ED BY 1 2 Display Co..... Ref Mgel"<lted GDM-+!; 3 1 Cabinet with Sinks Cusl:om 4 , Grease Trap' GT-1'4 5 1 Coffe" l.Ioker. Nrpot. Iwtomotl" 10a8 '11/7752 Concenionoire 6 1 loed Tea B:re'W,er 674-0 Concenianoire 6 1 T0CI5ter~ C""!\Ie)'Or QCS1' -:360 Concenionoire 9 1 Oven. lJiero'l'lovejConveellon. Comb! ACE206 Coneeasfonalre 11 1 Relrigel"<ltor, Undercounter TUR-'l8SlJ 12 1 Freezer ~ Underc<xJnter TUr -48SD 15 1 Soup Merchandiser 84290 Co nccuioncire 16 1 msplay Co...., Self-Serv... Ref rigero.", HUDLR3852 17 , msploy Co.e. Self-Serye, Ref rig""'!'" HUR LR3852 18 1 Soft: Serve Olspencer 161 Concessionaire 21 2 Cispenser. Napkin H2000SC 22 4- Dispenser, Cup C5200CH 25 1 orspenser. icejBeverolle By Vendor 26 1 I ce !,.taker '11/0 Sin ICE0320FW CA-!! o ~ ~ () , =-~-.. ~~--.. , ~....... .......c..._........... , " \ '". rG , ~,- ....'-'......,-.-, 11 ,'; \\ , / -<.,_./ ~ rr CA-12 , /Sl\1'V_2~. , t~\ L :r: j...",-../<,\') "c- c d {~v VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetioe Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement Dates Office [ September I, 2009 Auoust 17, 2009 AuoUS112,2009 Auoust 10, 2009 [gI September 14, 2009 August 31, 2009 Auous! 26, 2009 Auoust 24, 2009 0 0 0 AnnouncementsJPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA IrEM [gI Consent Al!enda 0 Leoai 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Pubiic Hearing 0 RECOMMENDATION: Authorize resolution authorizing contract with Special Teams LLC (Donna Brosemer) for completion of annexation project via Interlocal Service Boundary Agreements (ISBA), Educational Advisory Board Services, Economic Development Program support and for other activities as authorized by City Manager or requested by the City Commission. EXPLANATION: On June 2, 2009, the City Commission authorized an annexation program using the Interloca! Service Boundary Agreement (ISBA) using Ms. Brosemer's firm Special Teams LLC. In addition, the proposed scope of services agreement provides assistance to the City in working with the School District on issues of mutual interest. This work would be coordinated, as needed between the City Manager, the Consultant and the Commissioner Ross. The third major project is to assist the City stalfwith Economic Development activities including liaison work in Tallahassee, Palm Beach County and the Business Development Board, as needed. PROGRAM IMPACT: The main work will be on the ISBA project and will allow annexation of parcels to proceed. Based on estimates in June 2009, this will provide additional taxable value and property tax revenue to the City. FISCAL IMPACT: The two examples cited in the June 2009 stalfreport for two annexations woutd yield approximately $400,000 in property tax revenue to the City. The projected cost of the professional services contract with Special Teams LLC is $31,500. The agreement is for the period of November 1,2009 through October 31. 2010. AmR~':=" W;. ","""",'", _;0"", eo"","" " W, C"' CO~;";OO 00 '00' " '""' Department Head's S~ture City Manager's Signature. ,Assistant to City Manager~_ \ , Public Affairs Department Name S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC City Attorney I Finance 2 RESOLUTION NO. R09- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE AN AGREEMENT FOR 8 PROFESSIONAL SERVICES BETWEEN CITY OF 9 BOYNTON BEACH AND SPECIAL TEAMS LLC., FOR 10 COMPLETION OF ANNEXATION PROJECT AND FOR 11 OTHER SPECIFIC PROJECTS AND ACTIVITIES; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interests of the citizens and residents of the 17 City of Boynton Beach, to enter into an agreement with Special Teams LLC., to provide 18 professional services for the annexation program using the lnterJocaJ Service Boundary 19 Agreement (lSBA) and other specific projects and activities as set forth on the Agreement for 20 Professional Services between the City of Boynton Beach and Special reams, LLC.. and to 21 authorize the City Manager and City Clerk to execute said Agreement; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the City Manager and City Clerk to execute an Agreement 28 between the City of Boynton Beach and Special Teams LLl ., to provide professIOnal ,ervices 29 for specific projects and activities as set forth on the /\greement for Professional Services 30 between the City of Boynton Beach and Special Teams, LLC" a copy of which Agreement is 31 attached hereto as Exhibit "A". 32 ~ection 3. This Resolution shall become effective immediately upon passage. S ICAIRFSlllAgreeml'nlslPQlitically Corfe:::1100~06 do, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20-ATTEST: 21 22 23 24 Janet M. Prainito, CMC 25 City Clerk 26 27 28 29 30 (Corporate Seal) PASSED AND ADOPTED this _ day of September, 2009. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor- Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross S:\CAIRESO\AgreemenIS\Politically Correct 100306 doc AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND SPECIAL TEAMS LLC The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of Special Teams LLC, a Fiorida corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CONTRACTOR is a duly qualified expert in the field of government relations. WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with special projects approved by the City Commission. PART 1- SPECIAL PROVISIONS A. GOVERNMENT RELATIONS: CONTRACTOR will take all actions necessary and appropriate to represent the CITY at the state and local levels with elected officials. agency and government staff, regarding pertinent issues and funding opportunities; . Issues research. CONTRACTOR offers its extensive eXperience and background in legal research to advise as to appropriate action as requested by the commission; . Issues strategies. CONTRACTOR will recommend strategies as requested to best address city issues and objectives; . Special projects implementation. CONTRACTOR will work with staff to carry out issue objectives as identified by the commission. B ANNEXATION On June 2, 2009 the Boynton Beach City Commission directed the negotiation and development of an Interlocal Service Boundary Agreement (ISBA) with Palm Beach County. Special Teams will' X .1 Work with City and County staff to identify ISBA boundaries, X - Establish priorities, timelines and workplan; X l Meet with stakeholders to identify and, if possible, resolve issues proactively to facilitate future action; X l Develop communications strategies between the City and other governments, as well as between the City, residents and local businesses, X - Develop appropriate annexation strategies as permitted by statute and directed by the Boynton Beach City Commission; and X I Any and all other duties that arise through the development and implementation of the ISBA process This project is anticipated to take approximately one year for the development of the ISBA. Timeline for implementation will be at the discretion of the Boynton Beach City Commission. C. EDUCATION ADVISORY BOARD AND TASK FORCE The Boynton Beach City Commission has identified the creation of an education advisory board as a priority aimed at reducing crime, delinquency and drop-out rates at local schools. Special Teams will: n Work with Palm Beach County School District and local school staffs to identify the areas of greatest need and the ways in which the City may best assist the District; n Work with Boynton Beach elected officials and staff to identify those whose skills would best address the goals and objectives of the advisory board; n Coordinate and facilitate the establishment of the advisory board, including invitations to prospective members, meeting schedules and arrangements, and initial meeting organization; o Establish regular communications with both the City and the Palm Beach County School District to report on the advisory board's progress, challenges and recommendations. This advisory board is not a terminal project; its goals and objectives are likely to be on-going. Special Teams' role at this time is organizational. D. ECONOMIC DEVELOPMENT The Boynton Beach City Commission identified as a priority the establishment of a city Economic Development Team to preserve light industrial land and attract businesses to offer new jobs. The team's goals have been outlined by the Commission as: n Responsible for creating proactive strategies, policies and programs that would stimulate economic development through business expansion, retention and recruitment of value- added employment opportunities; n Able to perform the inventory of vacant light industrial/commercial properties, as recommended by staff in the previous recommendation; o working with outside agencies such as the PBC Business Development Board, Economic Development Research Institute and the County Economic Development Department to assess the most appropriate industry/commercial ciusters for the City (new and existing) and create criteria for analysis of potential iand use. Once identified, a strategy would be formulated to identify and pursue the desirable business clusters. Special Teams will: n Work with city elected officials and staff to identify appropriate participants from both inside and outside City government; n Coordinate and facilitate the establishment of the economic development team, including invitations to prospective members, meeting schedules and arrangements, and initial meeting organization; I Establish regular communications with the City and other participants to report on the advisory board's progress, challenges and recommendations. This team is not a terminal project; its goals and objectives are likely to be on-going. Special Teams' role at this time is organizational. 2 r C. PROJECT FOLLOW-uP X Facilitation of the Boynton Inlet project with Palm Beach County; X Government relations assistance as needed. Other provisions The CITY of Boynton Beach will cooperate fully by providing all necessary staff time, and data and fiscal analysis as needed, and disclosing all material facts which will assist in providing the requested services. Regular activity reports will be submitted to the CITY of Boynton Beach by Special Teams in either written or oral form. This agreement becomes effective upon receipt of payment. Special Teams neither promises nor warrants any particular outcome or result in this matter The projects described herein may require more than one calendar year to complete B. SPECIAL SERVICES: The CITY may from time to time request that CONTRACTOR perform special services related to specific projects that affect the operation of the CITY. For example, CONTRACTOR may be called upon to assist the CITY with a new project or represent the CITY or otherwise advance the CITY's interests in an area not designated herein. C. PAYMENT: CONTRACTOR's compensation for General Services described in Part I above shall be $31,500 per year. A monthly fee invoice shall be submitted by CONTRACTOR at the first of each month representing 1/12 of the annuai fee. The CITY shail compensate CONTRACTOR for Special Services at the rate of $45 per hour, plus costs. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.061, Florida Statutes. D. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have Donna Brosemer, President of CONTRACTOR's firm, to the performance of CONTRACTOR's duties hereunder, and has relied on that representation as an inducement to entering into this Agreement. PART II - GENERAL PROVISIONS A. ASSIGNMENT AND DELEGATION: Neither party hereto shail assign or delegate any interest in or duty under this Agreement without written consent to the other. and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented. B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan insurance, bonus, or similar benefits CITY provides its employees C METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by personal delivery, e-mail or by mail. Notices, bills and payments sent by mail should be addressed as follows. 3 CITY: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 561-742-6010 CONTRACTOR: Donna Brosemer Special Teams LLC PO Box 32726 Palm Beach Gardens, FL 33420 561-775-1072 D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medicai condition, or physical or mental disability. E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida Statutes, as amended, and agrees that it will fully comply in-all respects with the terms of said laws. F. TERM OF AGREEMENT: The term of this contract shall be from November 1, 2009, until October 31,2010. Cancellation of this contract may be by either party in writing per Paragraph C with 90 days notice. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action of special proceeding may be instituted. H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida. IN WiTNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Kurt Bressner, City Manager City Clerk SPECIAL TEAMS LLC Witnesses: Donna Brosemer, President 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. - CITY MANAGER'S REPORT ITEM A Requested City Date Final Form Must be 1 r Requested City -1 Date Final Form Must be 1 Commission Meetin~ Turned in to Citv Clerk's I I Commission Meetinl! Dates Turned in to City Clerk's i Dates Office , ..---L-- ---_. Office , ~ Anril 6, 2009 lNoon) n , 0 Aoril 21. 2009 June 16,2009 - I June J, 2009 (Noon) i Anril 20. 2009INoon \ n Julv 7. 2009 -----.J n Mav 5. 2009 - June 15, 2009 (Noon) ~ i 0 Mav 19.2009 Mav 4, 2009rNoon\ n Ju\' 21. 2009 July 6. 2009 INoon) -.. , x June 2, 2009 Mav 18. 2009 !Noon I TI August 4. 2009 ___ July 20, 2009 INoon, ---j ..--. . NATURE OF AGENDA ITEM Unfinished Business I ~ --'------j t al Settlements ~~W~:i:ee:Ss Re ort '---"l Legal AnnouncementsfPresentations Public Hearin , -~ RECOMMENDATION: Authorize staff to begin process to create Interlocal Service Boundary Agreement (ISBA) with Palm Beach County. EXPLANATION: The Florida legislature encourages annexation to improve service provision. Florida Statute Creates numerous methods by which properties may be annexed. For the last several years, the City has studied which parcels may be annexed using existing procedures. None of the properties within the City's future annexation area can be annexed using existing statutoI)' structures. The legislature recognized that annexations must often be strategically planned, rather than implemented in a piecemeal fashion. In 2005, they created the Interlocal Service Boundary Agreement to serve as a long-range strategic annexation plan. This agreement is negotiated between the City and the County and provides valuable tools to facilitate annexation that do not exist without it. The process includes: . Identification of area to be considered for annexation; . Review of all service provision considerations by appropriate departments, including transportation, environmental, public safety and fire-rescue; and . Input from stakeholders. This agreement does not reauire that any particular parcels must be annexed, or that any annexations must occur In a particular time period. It can be written to be implemented over a 20-year period. ]15 primary purpose is to simplify the process by studying the entire area at one time, rather than parcel-by-parcel. It allows new procedures, and provides new tools not available without it. For example, Palmyra has a water service agreement with an enforceable annexation clause. It meets all statutory requirements to be annexed. However, because its annexation would create an enclave of two parcels, the City is not allowed to enforce the annexation clause. With an ISBA, the City would be permitted to annex Palmyra atld address the issue oftne enclaves separately S:\BULLETIN\fORMS\AGENDA ITEM REQUEST FORM. DOC r;;;:: , ' "c;,." ., ~/". L v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM , Two cities in Palm Beach County are currently working with Palm Beach County via the ISBA process. Palm Springs completed the process in November 2008 and Greenacres is currently working on their ISBA with Palm Beach County Palm Beach County staff has recommended that Boynton's future annexations are best approached in the context of an ISBA \1' create a long-range plan and simplify its implementation. PROGRAM IMPACT: Annexation improves service delivery and increases city property tax revenues. FISCAL IMPACT: d fr fG dPI Estimate revenue om annexatIOn 0 atewav an amyra: Ad Valorem Number of Total Taxable Tax Revenue Fire TOTAL Deveiopment parceis/ Value (2008/2009 Assessment REVENUE Housing units millage rate $68/unit 6.4553) Palmyra 136/119 units $ 28,625,928 $ 184.789 $ 8.092 $ 192,881 Gateway Club 8/319 units $ 30,547,259 $ 197,192 $ 21.693 $ 218,885 Apartments TOTAL 144/438 units $ 59,173,187 $ 381,981 $ 29,785 $ 411,766 The cost to the City for this project is expected to be $5,000 for possible City legal costs to prepare the interlocal agreements and resolutions. The City plans to use a combination ofCit)! staff and Ms. Donna Brosemer (already under contract with the City) for the staff work associated with the ISBA process. Assuming a completion date of March 2010 with a start date of Juiy, Ms. Brosemer's fee will be $23,625' ($7,875 already budgeted FY 08-09). The estimated total cost to the City would be $28,625. Jfthe County does the planning work, the additionai cost is estimated [0 be $5.000 however, the County presently does not charge for their staff time if the municipality does the data gathering and planning work. (*Ms. Brosemer"s contract is for a set fee of$2,625/mo for multiple projects.) If the project is completed in March 20]0. the City \..'iJI see additional property tax on annexations beginning in 20] J 'fwe can fast-track a sector area for these two parcels in 2(l(l9 \I receive revenue in 2010, we will do so. ALTERNATIVES: forego anne;at9ns except on occasional, piecemeal basis and leave the boundaries su ~k~~ Department Head's Signature City Mager's Signature, , Assislant to City Manager ~_ Department Name City Attorney I Finance S \BUtLETIN\FORMS\A(iFNDA ITEM REQUEST FORM DOC Interlocal Service Boundary Agreements A new tool for long- range strategic planning City of Boynton Beach .. . The Florida legislature encourages annexation to - improve service delivery and .. square off municipal boundaries 1 . Dozens of parcels have water service agreements with Boynton Beach that include annexation clauses---the owners have already agreed to be annexed. . After thorough study, Boynton Beach cannot annex even those with voluntary annexation clauses because of small details in statutory requirements. Palmyra - SW Corner- Hypoluxo and Lawrence Qualifies for annexation' . WSA with voluntary annexation clause; and . Contiguous to city boundaries . However, Creates an enclave (two parcels I !. Gateway Apts - NE corner of Gateway and Lawrence . Contiguous to city boundaries; and . Voluntary annexation clause inWSA. . However, creates small enclave of several parcels so cannot be annexed. . To assist with similar situations, the FL legislature created Interlocal Service Boundary Agreements (ISBA's) in 2005 as a long-range strategic planning tool. . Currently being used by Palm Springs; Greenacres is in process of creating one through cooperation with Palm Beach County. 3 . . Identifies area under consideration. Most municipalities, like Boynton Beach, have a Reserve Annexation Area. Some or all can be included in the ISBA. . Entire area is reviewed at one time by all related departments, including roads, public safety, fire rescue and environmental. . Process takes 6-9 months to complete. . Creation of ISBA requires some staff time to do data analysis of the area under consideration, including .. Population .. Land use .. Current and future capacity for service provision and fiscal impact Amount of time will depend on size of area 4 . With ISBA, revenue increase to City is $411,766 through annexation Palmyra and Gateway Apt. parcels due to voluntary annexation clauses in their water service agreements (WSA's). . Several hundred more WSA's between Boynton Beach and property owners. . Long-range strategic planning tool . Does not require that annexation occurs . Facilitates and streamlines annexations . Annexations improve local service delivery, increase revenues, square boundaries I , J 5 . Without ISBA, the City will be unable to annex many parcels for the foreseeable future, even at property owners' request, except on an occasional, piecemeal basis. . Boundaries will continue to be irregular and disjointed. 6 MINUTES OF THE cm COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, em HALL, BOYNTON BEACH, FLORIDA, ___At 6:30 P.M., ON TUESDAY, JUNE 2, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Greg Fitch offered an invocation and Vice Mayor Woodrow Hay led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Mayor Hay moved to approve the agenda. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross announced she had attended the Community Alliance meeting at the Intracoastal Clubhouse. There were approximately 35 people in attendance. She commended Carisse Lejeune and Nancy Bryne for organizing and leading the many groups and recognized the first green business in Boynton Beach, EDI, for hosting the next meeting. Mayor Taylor recognized his son, Paul, his wife, Patti, and their daughter, Lydia, visiting from Illinois, as well as his wife, Dolores, and daughter, Jeanne. Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 plan included the temporary modular classroom and the additional parking requirements would be met. Agreement with the conditions of approval would be necessary. The applicant agreed with all conditions of approval. Mayor Tayior opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Rodriguez moved to approve Item VIII.C. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to approve Item VIII.D. Commissioner Rodriguez seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Proposed Annexation Policy by Interiocal Service Boundary Agreement (ISBA) Mr. Bressner sought authorization to begin an Interlocal Service Boundary Agreement (ISBA) process with Palm Beach County. He introduced Donna Brosemer who was working on behalf of the City to do research and necessary procedures. In the past, if an annexation created an enclave the municipality could not proceed. The new process would provide an avenue for the annexation to continue. Donna Brosemer, Consultant, reported annexations were made a priority in 2004 by the Commission. A review of the water service agreements including a voluntary annexation clause was undertaken to determine properties that could be annexed. Mr. Bressner further explained the City agreed in the water service agreements to extend municipal water service outside the City limits and annex the property at such time as the property was contiguous to the City. However, in most cases enclaves were created and annexation was not possible. The properties do fall within the utility service area. Two neighborhoods were identified that had voluntary annexation clauses in their water service agreements and are contiguous to the City. But, two enclaves were created and the County suggested the ISBA process be examined. The process is a new tool created by the legislature for strategic long range planning. Annexations are promoted to improve service delivery and square off municipal boundaries. The existing statutory requirements prohibit any further annexations. The ISBA created in 2005 aliows a municipality to review its reserved annexation area. Individual parcels have to be evaluated comprehensively with the entire area. It takes six to nine months and involves staff time. It is a long-range strategic plan and does not obligate the City to annex and can be effective for 20 years. The function is to streamline 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 annexations as opportunity arises. There would be no negative impact to have the agreement; however, not having it will prohibit annexations for the City and the citizens. Another alternative would be to maintain the current process and do annexations on a piece-meal basis Motion Vice Mayor Hay moved to move ahead with the ISBA. Commissioner Ross seconded the motion. Commissioner Rodriguez questioned why the property owners involved were not notified of the discussions and the agreement. Mr. Bressner noted that notification was an essential element and the Coalition of Western Boynton Residents Association would also be an interested party. Taxes would be increasing and the residents should have notification. There would be annexation areas ali over the City. Ms. Brosemer clarified the ISBA did not pertain to any speCific annexation that was eminent, so notification parameters could not be determined. The agreement allows for the determination of possible annexation areas and studies of the areas to be undertaken to determine the potential tax revenue and the cost of providing services. The motion passed unanimously. B. Boynton Inlet Committee Recommendations Mr. Bressner recalled the Commission received funding several years ago for a study of the feasibility of a structural modification to the Lake Worth Inlet, aiso known as the Boynton Inlet. The Inlet Committee had representation from the City of Boynton Beach, Town of Lantana, Town of Manalapan, Town of Ocean Ridge, Briny Breezes, and Hypoluxo plus citizen and County representation. The Fiorida Inlet Navigation District (FIND) and Marine Industry of Florida were also invited. The services of Applied Technologies Management (ATM) were retained to complete the analysis and suggest alternatives to include a ranking of the appropriate improvements. The recommendations decided upon would ultimately be forwarded to Palm Beach County the owner and operator of the Inlet. Ms. Brosemer was instrumental in obtaining funding for the study. Ms. Brosemer pointed out the Commission had determined the Inlet was an important project of regional impact to improve public safety and enhance the economic development of the marine industry. An RFP garnered six responses and presentations were made. Jeff Livergood, Director of Public Works and Engineering, indicated the solutions are very long range and there are political implications and technical aspects. Dr. Michael Jenkins, consuitant with ATM, reported the objectives were to improve water quality in the iagoon and navigation safety in the Inlet. The flushing of the inlet affects water quality within the lagoon. The Inlet has had consistent issues with safety with many constraints including a County park, existing bridge, sand bypassing system and many stakeholders. The 13 l1( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtn VI - CONSENT AGEND ITEM D. Requested City Date Final Form Must be Date Fira] Form Must be Date Final Form Must be Commission MeetinQ: Turned in to City Clerk's Tu/Cd in to Leeal Turned in to Procurement Dates Office D Sentember I, 2009 AUQust 17, 2009 AUQust 12, 2009 Aum'st ] 0, 2009 181 Se1ltemberI5,2009 August 31, 2009 August 26, 2009 Au.ust 24, 2009 D ~ ~ ".. """,,~ D ;:=: n',::' NATURE OF AGENDA ITEM D Announcements/Presentations D D Administrative D New Business 181 Consent A enda D Le al D Code Com liance & Le al Settlements D Unfinished Business D Public Hearin D N ::;::j!; --.J ::::1",,< A -0 <:1) RECOMMENDATION: Motion to return the cash snrety for site restoration on the Estates of Heritage Clnb PUD, in the amount of $26,554.00. EXPLANATION: On the May 19, 2009 City Conunission meeting agenda, it was authorized to return both the "off-site" and "on-site" work bonding on this project, as the developer has written the city stating that they were not going to proceed with the development, and abandoning what underground utilities were already installed. Onr Division has previously collected the above stated snrety via their check #1070, dated 8/21/06. We have had the site secnred with added fencing not already on the perimeter of the property with either fencing or CBS wall. PROGRAM IMPACT: N/A FISCAL IMPACT: 001-0000-220-99-00 ALTERNATIVES: N 1 A 1/ j,'//~; /,_/ ,IJ('-L't;.. l fi; t{~Lt:~<J ~~" ':::>"i; ", I '.. Department Head'siSigl[lliture . ., "'\1 ' , "",. t.. " , , ! 1~:, Ji.:L... ~6?'--R ~ City Manager's Signature ^";_roC;"M~~~ City Attorney 1 Finance Public Works 1 Engineering Division Department Name S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC / iF' Cl'lle Received F..Jtl;eivedFrom 1 05/01173 RussellHouseMovers 0111)3(75 SoulhTech EducallonC\r 04129182 Lawsonl"dvslrialPark 08/05/83 RIdge Point Woods Villas 10106JB3 Rainbow Grocery 09/13184 Pylon OS/23/86 Walboyn Development 05106/91 BrisbenCornpanieslnc 11/10/92 The Blue lagoon 02103194 I\N1 Scholtenslein Homes, loe 09120/94 Engle Homes/Palm Be<lch. Inc 09/20/96 G.l. Homes of BB n Corp 11122fge GLHornes OT/HIS7 Michels Pipeline Conslr. Irlc 05/06/98 Senior 1I1estyle Mgml 05121/98 Chlllingworth & ConW<lY. PA 03/11/99 ABC liquors 06104199 Boynton Bch Mausoleum loe 11116199 Conlinenlalllomes 06107/01 ColonlatBank 09105/03 NeslorF1<.lncis 11/24103 QuanlumVitl<lgeTo""'lhom&S 03f31104 Soulhem Homes of Pal", BeachllllC 04/22104 Soulhern Homes of Pa~t1 Beach IlIlC 0<1130104 Phegley Corp 05lO7J04 TRG Boynlon Beadl,l1d 06/0211)4 WeSlbmokeHome.s 06124104 LennarHome.s.lnc 05111104 Edmond Devereaux 11103/0<1 Snuthem Construction!"; Design Group 11105104 Southern Homes of Pa~n Beach IIllC Develoomenl Casa 81<lnc<l Jonalhon'sGrov8 Quail Run Nautica Sound Na\Jtic:a Sound Conslr 12'Waterline Shore Or The Manors al Newport Place Wesl lnduslrial Avenue ABCUquors tliausoleum The Lakes Easl Ridge PUD Unknown Payment Canterburyal Quantum Palk Coastal Bay Colony PUD Coastal Bay Colony PUD largo Pointe Subdivision /I.'.arinaViltage MonlereyBay Caniagl!Pointe Ouanlum Park, lOI 34C Bayft-onl Waler;;ld.ttnage PUD "":iT!" or BOYN10N BEACH FLORIDA General Fund Miscellaneous Deposits Seplember30.2008 ~J LandsG3ping lmprovemenis Surely Seeding/Mulching & InfrastruClure Restoration Bond Removal of the Sales Trailer'" Relaled Appurtenances Temp Sales Tfililer_Resloralion Bond Surety_landscaplnglssues Surely _ Reslorallon of Damagl! 10 Public Fadlrties Surely RestOl(lllonfor &cavaliQn& FlIlProlecl Surely _ ReslDr.!lUol1 for Exce.valiofl & Fill Projecl Surely-RestoraUon for ExcavaUOfl & Fill Prolec! LandscaD~ Bond 2340NW8\SI.Miami.Fl33147 Surely_Excavation & Fill Work ResloraUonSurely RestoraUonSurely-ExC3V<llion!";FlIIWorl< Esouw Agreemenl - Site Reslora~on EsO"ow-MangroveMillgaUon Surety-Restoration S"rl!fy_Resloralion Surely-Restoration Surety - Excavation'" Fill Perm1l1l04-395 \ Plat review lee 111091t1S Boynton BeaCh Beach Snacl<bar Surefy- Temporary CO ..t:l1111)11!)6""Sj!iiiVi~mHf!fnes 6fPalrrtBejEW~~ --"Wal@rsl1Je'Villa!i~@0;~~"""'':'""' "5ijfi!!y!!l'Reslmalll!!l1'~"~=~~' 03121/Q6 1950 Congress Av~,. LtC Boynlon Town Center ExcaV<llloo & FiR Permit 013/21/06 Sembler Company Boynlon Town Center Record Plat Surety 10 gU"'ranlee inslaMlion t. iflspection of PRM's'" PCP's 06/24/06 Boynton Bead, eRA B B B Exlension Surety for final frft of asphalt 10 Ihe B B B Extension 08/25/06 New Century Boynlon Ont' Dt'<elop. lLP Estales al Heritage Club Restorallon Fee 08/26106 Interstale Sign Crafters Pse III High Ridge Comm",,:;e Pa~~ Surety- Temporary CO 0>1/30106 TRG 80,1110" Fle;;dl f,lann;J Village F~e _In lieu of ParkIng 1)1111107 IHG Boyn\ofl Beach 06127/07 SlilesColp 07110107 Maudsley & Assodates, tnL 07/12/07 SlilesCorp 081'21107 Holidayllluminatlons,lnc OB/27107 The Se'nblerl-on>pany 09/04107 WhIU"glumerCrmlractillg',;omPany 10104/07 Southern Horlles of Palm BEae. LI r. 10112101 lhe Semble, Comp,;my 10/12/07 The Sembi", Cnmpany 11/19/0, lh.. SemblerCompal1Y 11179;07 lhe Sembll'" Compan, \J?i29/IIA 1,1arina':illage Children s ServlcE'~ '::::ounc~ forum ProfessionalCenler Childre"'s ServIces Councll Boynton Town Cent'-!r(Buildiflg F) Ivlboynlon BE'OIchMall Fee_in_UeuoIParkiflg Surety Temporary CO Surety - Temporary CO Surety. Temporary CO Holldayflghls and decora~ons Surely TemporaryCO Surely' TernporaryCO Watersi<ie(blr1g.10)3083Walerside SUrl"rv-Temporaryr.O Boynlon Tol'm Cenl.... (Bul\r:ling t) Surety. Certificate ofCompieti"rTI Total Wine & More lBldg E} Surely- Temporary CO l;[)pns ~J lhi!lg~ Surety - 1 ernpofdry CO Ci"lr>w01Y RIQhl-llf-Way pem,itllE-07-019 '."'.1 IS IF" i~ 0 ',\J 'I';? 1[>) 'I: ~ :2 ~ ' ~ .------, .APR 8 2110B 11!\liC:I'-II'J Balance 10101106 76.18 369.28 1,000,00 1,000.00 72350 6,25000 29,600,00 12,92500 320.00 6,00000 2,50000 2,500.00 5,000.00 5,000,00 14,85000 2,500.00 3,667.00 2,450.58 9,326.63 4,200.00 9.60 430.02 11,00000 13.750,00 3}10.46 80,000.00 32,670.00 962.50 5,100.00 13.200.00 3,000.00 1,000_00 . ">'~~'l"f'ag]OO9;aa"'''''''' 10,610_Q5 11,000.00 20,000.00 26,554,00 6,050.00 63,000.00 7.000.00 32,698.40 11,000.00 5.050.00 3,603.00 29,129.00 13,10000 ~~7.094 \2 B~!lli2~ 'IH'88.1rJ B.OOO.OO 5700.00 6.00000 <n 025 Oil lranSrl'l1 Relu.ill! ",., ",,-..'-- Refund Q.<l.~lJ Balance lQL16/07 7618 369.213 1,00000 1.00000 72350 6.250.00 29,50000 12,92500 320,00 6.000.00 2,511000 2.50000 5,000.00 5,000.00 14.85000 2,500,00 3,667,00 2.45056 9.32663 4,20000 960 430,02 11,000,00 13.750,00 3.71048 80.000.00 32.67000 96250 5.10000 13,20000 3,000:0(1'" 1,000.110 -".~"93iOlWiOO'~- 10,810.95 11,000_00 20.00000 26,554.00- 6,05000 63.00000 7,000,00 32,69640 11,000.00 5.050011 dlllS101i1 10,98Rl0 8,00000 6.70000 6,00000 iii7,:itlj- ,,6,74Aln 3.60300 79,12900 13.10000 163371 04104/08 04104108 t63369 'f'117[,[l!; 572,059-i~ \:- - - ,- - .....- ....~~-~-. .._-~." NEW CENTURY BOYNTON ONE DEVELOPMENT, LLLP 909 SE 5TH AVENUE, SUITE 200 DELRA Y BEACH, FL 33483 GULFSTREAM BUSINESS BANK n7 E. ATLANTIC AVE.. SUITE 100 DELRA Y BEACH, FL 33483 1070 63-1471/670 08/21/2006 OTHE c.. .JER OF Ci~' of Boynton Beach F)(Ar.TI Y TWFNTY-S/)( THOUSAND F/VE HUNDRED FIFTY-FOUR DOLLARS $ *'6 fifi4 00 City of Boynton Beach 100 E. Boynton Beach Bldg. Boynton Beach FL 33435 DOLLARS (iiJSeO"OI11aalu," wr:~~~bad MEMO NCB1 Site RestomtioR Sur..ty lI'oo~07oll' l:ob7o~"7~21: o ~ 500 2 ~.. 211' ~^.."n .." ..' NEW CENTURY BOYNTON'ONE DEVELOPMENT, LLLP .llO9 SE 5TH Avi3>lUE. SUITE 200 ~~plA Y BEACH, Fl 33483 GULFSTREAM BUSINESS BANK Tn E. ATLANTIC AVE.. SUITE 100 PELRA Y BEACH, FL 33483 1072 63.1471/670 08/21/2006 PAY TO THE OROER OF CitlI1ih~QyntOQ 8~a('17 FXAGTf, YTWENTY- THREE THOUSAND SIX HUNDRED ElGHTY-E/GHT DOLLARS $ *23 688 00 City of;lilynlO!l'lileach 100 E. Bcl~ntQrt!liI~ach Bldg. Boynton Beach FL'33435 DOLLARS [fl"'""".la.tu.... .-' Del"I$OI1cad< MEMO NCllt1. Site imp,""" ddmin F"e lI'ooW7211' .:Ob7o~"7~21: o ~ 500 2 ~ ~.. 211' i::.\ '" (-/\-y ( (r , I: ~~. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION f\lE COP~ TO: Bill Mummert 11--, FROM: Ken Hall \ "t.. DATE: August 23, 2006 RE: Estates at Heritage Club - Administration and Restoration fees Attached are the subject checks from New Century Boynton One Development, L.L.P.: 1) Check # 1072 in the amount of $23,688.00 for the 2% Administration fee including utilities 2) Check # 1070 in the amount of $26,554.00 Restoration fee to be returned upon satisfactorv completion of the project. Please deposit the above funds in the appropriate accounts. Thanks. Also attached is a copy of the engineer's cost estimate for the "Required Improvements" for your records. C: David Kelley * Laurinda Logan * Pete Mazzella (with attachment 1 Eng. file *memo only ,/(J'..t'r, .....~ l' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI - CONSENT AGENDA ITEM E. Requested City Date Final Form Must be Date Final Form Must be Date Final Fonn Must be Commission Meeting: Turned in to City Clerk's Turned in to Le\;!:al Turned in to Procurement Dates Office n Sentember 1, 2009 AUlrust 17, 2009 August 12,2009 Aum'st 10, 2009 oj. ~ Sentember X, 2009 August 31, 2009 August 26, 2009 Arnrust 24. 2009 n n 0 AnnouncementslPresentations 0 Citv Mana.er's Renort NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent A2:enda n Le~al 0 Code Compliance & Legal Settlements n Unfinished Business 0 Public Heming n RECOMMENDATION: Motion to approve the updated Library Long Range Plan for 2009-2012. EXPLANATION: The State requires that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a three-year rolling plan that is updated each year by Library Staff and approved by City Commission. PROGRAM IMP ACT: Approval will qualify the Library to apply for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2009-201 0 Budget Request. FISCAL IMPACT: State Aid Grants bring additional tibrary resources to the community (estimated at $52,119 for FY09- 10). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. ALT~A TIYO", Do om .":"~ "".~". u.~ ;rom'" ,.. AZ'ro- o 1-({~ti a.,/LI~ r;2 e.-.f.2..--.. artment Head's Signature City Manager's Signature Assistant to City Manager k LIBRARY Department Name City Attorney! Finance 9S :1] \old 92 ~[W 60 3:)\;UD S,AB]lJ ~~iJ,^ H3ii3S !-IOiN)"O';! .:Jw J,l,J S,IBULt.ETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Beach City Lihrar') Long-Range Plan FY 2009-2012 A. Mission Statement. The Boynton Beach City Library enhances our community's pursuit of life-long learning. information and leisure by providing the highest quality services and resources. B. Service Statement. Knowledgeable library staff anticipates customer expectations and responds by providing relevant resources and current technology with personal service and convenience. We value Diversity. Integrity, Stewardship and Creativity. C. Long-Range Goals - General Statements. The following goal statements define the philosophy of service and determine the broad-based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. 1.0. Reference Services. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 2.0. Popular Materials. Patrons have access to current, high demand, high interest materials In a variety of formats, within a reasonable time frame. 3.0. Independent Learning. Independent learners obtain materials, programs, information and stan assistance to attain their goals. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. S.O.Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies. 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and service-oriented stafr 7.0. Technology. Patrons and staff use appropriate technology to facilitate access to information. 8.0. Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 9.0. Cooperation. Palm Beach County residents (except the City of Boca Raton) have access to expanded services and resources by the Library's participation in cooperative networks. ] O.O.Administration. The public receives the highest quality library service at the most reasonable cost through routine review, evaluation and modification of the organization and its operations. policies and procedures. D. Goals and Objectives. 1.0.Reference. Patrons receive up-to-date and accurate information III a timely manner with assistance from courteous and intuitively alert staff. 1.1.0bjective 1. Continue to improve patron access to reference materials and magazine articles, in all formats including electronic resources, by expending up to 10% of the book budget in this area, FY2009-2012. 1.2.0bjective 2. Plan, develop and implement a business, finance and government information service program, FY2009-2012. 1.3.0bjective 3. Serve as the informational resource center for education opportunities, FY2009- 2012. IA.Objective 4. Develop and maintain high quality, relevant and customer-oriented service. Outcome I. Offer staff training dealing with communication, customer relations, team building, organizational skills, and reference sources and services, FY2009-2012. 1.5.0bjective 5. Increase awareness of high interest items via standard and enhanced cataloging. Outcome I. Continue to reorganize Support Services to be more efficient, FY2009-20 10. Outcome 2. Maintain high-level of cataloging using OCLC records, FY2009-2012. 2.0.Popular Materials. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame. 2.1. Objective 1. Review and update Collection Development Plan, FY2009-2012. 2.2.0bjective 2. Increase total materials circulation (all formats) by five percent (5%) annually. 2.3.0bjective 3. Increase total number oflibrary cardholders by five percent (5%) annually. 2A.Objective 4. Expand the collection in all formats by expending up to 10% of State Aid funds in this area, FY2009-20 12. 2.5.0bjective 5. Improve patron access to circulating and reference materials in all formats (including home access to electronic resources), ongoing. 2.6.0bjective 6. Continue juvenile and teen Summer Reading Programs and Adult Reading Program. 3.0.LifeloD2 LearniD2. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 2 3.1.0bjective 1. Refine and continue to expand public computcr traimng. conccntral1l1g '>11 hh"'rI databases, word processing and Internet usagc, FY2009-20 I 2 3.2.0bjective 2. Detine; collect statistical data, such as computer use logs, classes and web site use. and measure public use of electronic resources comparing and analyzing data annuallv, FY200l)- 2012. .l..l.0bjective 3. Continue to utilize library resources to extend hands-on learning experiences to the visitors to the Schoolhouse Children's Museum, FY2009-2012. .l.4.0bjective 4. Continue adult, youth and teen programming and implement refinements, FY2009- 2012. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4.1.0bjective 1. Develop one additional school partnership annually, FY2009-2012. 4.2.0bjective 2. Construct and implemcnt a user surv'ey for adults and school-aged children, FY2009- 2010. 4.3.0bjective 3. Enhance resources to support the improvement of school-age reading, FY2009-20 J 2. 4.4 Objective 4. Support adult and youth learners with ESOL outreach services and supplemental materials. S.O.Facilities. Users are provided attractive, well-maintained, user-friendly library and museum facilities offering expanded, relevant resources and appropriate technologies. S. I .Objective 1. Operate Schoolhouse Museum facility annually, FY2009-20 12. S.2.0bjective 2. Provide a secure environment for patrons using the library campuses. Outcome I. Continue to strive for fewer incidents in and around the library/museum facilities and grounds. Outcome 2. Provide proactive police security and staff on duty at appropriate times. S.3.0bjective 3. Implement library cafe design and construction, FY2009-20]O. Outcome I. Provide Project Management for the library cafe design and construction project FY2009-2010. 3 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and service-oriented staff. 6.1.0bjective 1. Working with the City's Professional Development staff to incorporate city's education/training component into library staff training plans. 6.2.0bjective 2. Recruit, train and sustain a dedicated staff, board and volunteers. Outcome I. Evaluate, revise and implement the strategic plan. 6.3.0bjective 3. Provide staff with training and program opportunities that emphasize City of Boynton Beach Core Values, FY2009-2012. 6.4 Objective 4. Provide staff with reference and technology training in accordance with in-house training curriculum. 7.0.Technolol!V. Patrons and staff use appropriate technology to facilitate access to information. (See also full Technology Plan - Addendum A) 7.1 Objective 1. Evaluate and maintain existing public access to electronic resources, FY2009-2012. 7.2 Objective 2. Upgrade COALA SIRSI network hardware and software. Bring North Palm Beach Public Library online, FY2009-20 I O. 7.3.0bjective 3. Continue to improve library website, FY2009-2012. 7.4.0bjective 4. Evaluate and maintain patron interactive OPAC features (in-house and remote access), FY2009-201 O. 7.5.0bjective 5. Upgrade public access computers, software and licensing, FY2009-2012. 8.0.Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 8.I.Objective 1. Review techniques and methods for marketing/promoting the library throughout the community, and develop and implement a public relations plan that will facilitate community awareness, FY2009-201 O. 8.2.0bjective 2. Continue to build a closer working relationship with news media. 8.3.0bjective 3. Utilize the Internet to promote ongoing services, including the use of Twitter. 8.4.0bjective 4. Create and maintain partnerships among museum/library and schoolslbusinesses. Outcome]. Maintain existing and create five new community relationships. 4 8.S.0bjective 5. Continue marketing oflibrary and museum prof!rams and services. I~', 2110l1-2!! i 8.6.0bjective 6. Enhance citizens' knowledge of library and museum cerVlecs, FY200'J-2111 2. Outcome 1. Promote a different service each month. Outcome 2. Cross promote library and museum. 8.7.0bjective 7. Conduct no less than five Genealogy and Preservation training classes to the public. Outcome I. Conduct no less than five Genealogy and Preservation training classes to the public. FY2009-2010. 8.8.0bjective 8. Continue to establish partnerships with local community groups. organizations, institutions, etc.. for the purpose of supporting and promoting public access to Internet/Web and other electronic information service relevant to patron/user needs and the needs of the community at large. FY2009-2012. 9.0.Cooperation. Palm Beach County residents (except for the City of Boca Raton) have access to expanded services and resources by the Library's participation in cooperative networks. 9.1.0bjective 1. Increase staff participation in SEFLlN training programs and wOl'kshops, FY200<J- 2012. 9.2.0bjective 2. Expand membership in the Library Cooperative of the Palm Beaches. FY2009-20 12. 9.3.0bjective 3. Develop a COALA expansion of services plan and implement, FY2009-2012. 9.4.0bjective 4. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches. FY2009 - 2012. 9.S.0bjective 5. Improve access to information for residents of a11 ages by promoting Library Cooperative reference programs, FY2009-20 12. 9.6.0bjective 6. Increase the availability of library resources and services to serve special populations within the Library Cooperative service area, FY2009-2012. 9.7.0bjective 7. Increase awareness of programs, services and benefits of the Library Cooperative of the Palm Beaches, FY2009-2012. 9.8.0bjective 8. Provide equal access to Boynton Beach City Library services for al1 residents of the Library Cooperative service area, FY2009-20 12. 9.9.0bjective 9. Promote cooperation among Library Cooperative members by involving staff at al1 levels in planning and evaluation, FY2009-2012. 9.10.0bjective 10. Continue and expand cooperative services and staff participation in COAL.t\., SEFLIN and the Library Cooperative of the Palm Beaches. 5 Outcome 1. Provide opportunities to full-time staff members to attend at least two cooperative activities each. Outcome 2. Encourage staff usage ofSEFLIN's "Community of Learning." 9.11.0bjeetive 11. Expand access of other libraries to our collection materials through interlibrary loan via FLIN/OCLC, FY2009-20l2. 9.12.0bjeetive 12. Promote visits to Boynton Beach City Library and area facilities, FY2009-2012. Outcome I. Attain press coverage at least five (5) times in the print media. Outcome 2. Conduct at least one (1) history program in conjunction with the Museum during the operating year. lO.O.Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. IO.1.0bjeetive 1. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands ofthe community, FY2009-20l2. i O.2.0bjective 2. Review, evaluate and update existing procedural manual for relevance and currency, FY2009-20 12. 1 O.3.0bjective 3. Conduct annual reviews of library policies and procedures so as to insure relevance, currency and effective community access to the Library's information resources, FY2009-20l2. lOA.Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, annually. 6 ADDENDUM A. LIBRARY TECHNOLOGY SERVICES PLAN I.O.Mission Statement. The Boynton Beach City Library envisIOns thc usc uf technolugy to expand and enhance public access to its diverse inventory of intonnation scrvice products. In this endeavor, the Library will continue to fulfill its function as the community's ini"rmatlon resource center, serving a diverse, multicultural clientelc. I.I.Statement of Purpose. It is the intent of this Library to establish, maintain <ind continue tel develop an environment that facilitates efficient and effective public access to the wide range of informational resources available through the use of state-ot:the-art technological tools. An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices; wide area networks (W ANs), internet and other telecommunication tools, online catalogs. web sites, electronic materials and the like. In this "patron friendly" technological context, the training of all library staff memhers and patron/clients alike is an essential element in the success and growth of such an information rich environment. The knowledge of the "how's, the what's and the where's" of the technological tools of (1UJ' information age is the key to success. Therefore, the training of library staff members <ind patron/users is a pivotal component in the Library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the developl11t:nt and cxecutiutI ur high quai it) , effective and readily accessible information services to Library customers, including those clients with special needs and the community at large. 2.0.Goals, Objectives, Outcomes and Measurements 2.I.Goal 1. Provide for expanded client access to the intormational resources available at the local, regional, state, national and international levels through the increased utilization of state-of-the-art technological tools and resources. 2.1.1.0bjective 1. Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, FY2009-20] 2. Outcome 1. Implement a computer upgrade plan providing a schedule for replacing one tourth of the Library's public computers every year. Measurement I. Replace computers in accordance with the upgrade plan. Measurement 2. Twenty new public computers will be installed FY2009-1 () as part of the technology upgrade plan. Outcome 2. Continue following network infrastructure upgrade plan by providing a schedule tor replacing all of the servers, communications hardware and other relatcd equipment within a four~ year period. Measurement 2. Replace at least one server each year. c Outcome 3. Implement printer upgrade plan providing a schedule for replacing the Library's public printers and expanding printing capability. Outcome 4. Add an eCommerce solution in FY2009-201 O. 2.1.2.0bjective 2. Enhance and expand public accessibility to the wide range of information resources through a continuing process of introducing relevant technological tools. In addition to relevance, these databases should also produce efficient, effective, secure and high quality public service product results, FY2009-2012. Outcome I. Review and evaluate use of all databases each year and delete those databases not frequently used. Measurement 1. Staff will meet two times during the year to review viability of library databases. 2.1.3.0bjective 3. Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for all library patrons/users, FY2009-20 12. Outcome I. Staff to review at least once a year the pricing, viability and effectiveness of current telecommunications product agreement. Measurement 1. The price is competitive; product is reliable with no more than one failure per month. Outcome 2. Continue leasing one IOmps Metrofiber Circuit for bandwith load balancing and one Comcast Cable DSL line for backup. Measurement I. Metrofiber Circuit for bandwith load balancing leased and one Comcast DSL line, installed and functional. 2.1.4.0bjective 4. Develop, implement and refine policies and procedures which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost effective product environment, FY2009-2012. Outcome I. To have in place a clear, concise and relevant set of library technology related policies and procedures, which insures ease of public access and maintainability. Measurement I. At least once per year, staff reviews, revises or otherwise updates existing and/or proposed technology related policies and procedures. 2.1.5.0bjective 5. Develop an organizational structure, which will provide for the maintenance and support of the public access Intemet/Web service product, as well as other online services to the patron/user, FY2009-2012. 2.2.GoaI2. Establish working partnerships with the community at large, including local governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 8 3.0.Professional Development Strategy. In order to maintain and gnl\\ a set oj hbrary ,en Ile products based on technological devdopmcnts the Library will con\muc \0 prnvlde technoiog} training and learning opportunities for employees. lmpro\ing and enhancing the Lihrary staft', ability to assist the public with accessing information using 21" century technology and huilding the staff comfort level is the expected outcome of such training. The professional development strategy takes into consideration the technology needs of both patron and staff 3.1.0bjective 1. Evaluate and revise ongoing library stafl trainmg program that will estahlish and maintain basic technological skills enabling ease of accesS. Plan will include Internet/Web access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic intornlation environment and glves a working knowledge of the technological tools and resources available in the Library. FY2009-2012. Outcome 1. All full time employees who work with the public will be trained in the use of the SIRSI Unicorn Circulation System, so as to have sutTicient backup personnel for the Customer Services Desk. Measurement I. Each full time staff member will attend one SIRSI Unicom-specitic training opportunity provided by the Technical Services Division Head Librarian. Outcome 2. All full time employees will be trained in the use oflibrary related software products, so as to more effectively work with the public on technology related issues. Measurement I. All employees will attend no less than threc library related software product- training opportunities per year. Outcome 3. The Library's Network Administrator will train backup personnel in thc operations of the network in order to create an effective level of redundancy. This would maximum problem solving. Measurement I. The Network Administrator will provide for three library network-related training events for at least two professional staff members during the year. Outcome 4. The Network Administrator will attend system specific training events in order to maintain a state ofthe art practical knowledge of network functions. Measurement I. The Network Administrator will attend at least onc bibliographic network conference or workshop per year. 3.2.0bjective 2. (Training: Patrons) Providc tralOlOg and learning opportunities for all library patrons served by the Library so as to increase access to infomlation and open new leaming opportunities. Outcome 1. Increase the types of computer training programs by 5% through an expansion of learning opportunities to include basic computer and Internet skills, electronic bibliographic searching, email, employment searching, resume writing, and Microsoft office software. FY2009- 2010. ~ Measurement I. Increased participation documented by attendance and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other data bases by 5%, FY2009-20 1 O. Measurement 1. Documented through training attendance logs and reduced time requiring staff intervention as documented through monthly reports and statistical data. 4.0.Assessment of Technology Services, Equipment, Software and Other Resources 4.1.Network. The Boynton Beach City Library provides access to electronic resources through its TCP-IP local area network (LAN). The current network has four servers: 2 HP Proliant servers with Windows 2003; 1 HP Proliant server with Windows 2003 & Windows terminal services and I Sun Microsystems SunFire V240. The SunFire V240, our Sirsi server, provides circulation, acquisitions, cataloging, serials, searching, and other inventory functions. This web based system provides access for in-house and remote access for patrons to the catalog from the Internet. The two HP servers serve as our "Domain Controllers" for the "citylibrary" domain. One server runs Microsoft ISA Server in combination with Secure Computing's "SmartFilter" to provide Internet Filtering and security. The other serves as a file and print server. The last HP server has Ipswitch's "1m ail" server and Windows Terminal Services. The Imail server handles overdue notices and also has been expanded into a mail server for the library. 4.2.Computers. The Reference Staff, Youth Services, Circulation, Library Archives, Support Services and Administrative staff use fifteen computers in support of library activities. Four laptops are also available for staff. The library supports four computers in the Schoolhouse Children's Museum (administered by the Library). There are 75 computers available for public use, all which have Windows XP and Microsoft Office. These computers are connected to the Internet and usage is controlled by Envisionware's PC Reservation system. All print to HP Laser Jet Printers controlled by Envisionware's LPn printing system. Twenty computers are located in a computer lab and are available for special use when classes are not in session. Wireless Access to the Internet is available in the Library for laptop patrons. All computers allow for patrons to use diskettes, CDs or flash drives. A VG Anti Virus is installed on every computer in the Library for antivirus and malware protection. Public Internet service is now supported by a IOmbps fiber optic connection with Comcast Cable DSL serving as a backup. 4.3.Printers. There are three printers, various black and white HP models, available for the public to use. For staff, there are 16 printers available, various HP color and black and white models. 10 4.4.Technical Support. The network is supp0l1ed by 4 FTE statf in-house. the ('nv \ IT ~ staff and SIRSI Corporation. Occasionally, for special projects, thc l,ibrarv ",ill .:ontract t,)r ShOl1..kJ'!!' support. 4.5.Databases. The Library currently subscribes to the following online databases: Alldata, Ancestry Plus, Gale Databases, First Search, Historical New York Times, NoveList, and MorningStar. Additional databases are available through the State Library. 4.6.Staff Training. In order to develop and maintain a set of user-friendly library service produ<:ts, library staff needs to continue to develop their own skills in the use of technology. The Lihrarv conducted training wil1 focus on improving the staffs ahility to assist the public with accessing information using current technology. During 2009/1 0 the Library will evaluate and revise its present staff training program. The new three- year training program will include working with the Library's catalog, improving searching of the Internet, using bibliographic and full-text databases, and developing skills to work in an electronic information environment. Staff is always encouraged to use the training classes otfered through SEFLIN. As we migrate to an upgrade of our Unicorn system, considerable time and effort will be devoted to staff training and public "coaching" on the use of the new system. 4.7.Free Public Training. The Library has provided training and learning opportunities for al11ibrary patrons in order to increase their skil1s in the use of and satisfaction with a vmiety of library databases and programs. These classes will continue to be otfered by library staff and qualified volunteers. We anticipate offering no less than eight ditTerent classes, scheduled throughout the year, for patrons. 4.8.Library Security Equipment. The Library has purchased an updated security system consisting of security gates and security tags that have the ability to advance to an RFlD system in future years. 5.0.Budget Planning. The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives of this plan. 5 .1.Objective 1. Utilize up to 45% of State Aid to supplement funding for the goals and objectives ot the technology plan, FY2009-20 12. Outcome 1. Purchase of 20 new computers tor public use as part of the Library's Technology Plan upgrade for Library, FY2009-2010. Measurement I. 20 replacement computers installed during the year using State Aid funds. Outcome 2. Maintain contract for onsite PC technical supp0l1, FY2009-20 12. Measurement 1. Contract for up to 40 hours of on site PC support annually. Outcome 3. Secure sufficient funding to provide support fl,r SIRS!'s Unicorn and iBISTRO software products, including software upgrades, Ii)]' the bibliographic database. FY200<J-1 0 II Measurement 1. Secure funding to provide software support. Outcome 4. Continue OCLC Holdings Project to update new bibliographic records, FY2009-10. Measurement 1. Secure funding to support the project. Outcome 5. Secure funding to support the maintenance and software upgrade of public computer security and other software enhancements, FY2009-1 O. Measurement 1. Secure funding to support the maintenance and software upgrade of public computer security and other software enhancements and action accomplished. Outcome 6. Secure funding for staff and material to support the technology plan and the Library's efforts to provide computer and other technological services to the public. This includes funding support for 4 FTE professional, technical staff, FY2009-2010. Measurement 1. Secure funding for 4 FTE staff to support library technology plan and initiatives, and the necessary material, FY2009-1 O. 5.2.P1anned Technology Budget. I Source Plan Description Amount Year I State Aid 5.1 Outcome 1 20 replacement PCs 24.000 FY2009-1O State Aid 5.1 Outcome 2 Onsite techno1ol!.Y support 3,000 FY2009-10 Local Funds 2.1.3 Outcome 2 Lease one 10mbps Circuit 14,400 FY2009-10 Local Funds 2.1.3 Outcome 2 Lease one Comcast Cable DSL Line 1,200 FY2009-10 State Aid 2.1.1 Outcome 3 Laserjet Printer Replacements 1,800 FY2009-10 Local Funds 5.1 Outcome 4 OCLC New Record Charges 6,000 FY2009-10 Local Funds 5.1 All Outcomes COALA, Unicorn, iBistro 20,986 FY2009-10 Local Funds 4.4 Technical Support staff, 1 FTE ({j) $48Ihr, 216,041 FY2009-10 OJ Support 20hrs/wk + 3 FT Technology Staff Local Funds 2.1.1 Outcome 4 eCommerce Solution 2,000 FY2009-1O Local Funds 5.1 All Outcomes Web Hosting, DNS, Email 828 FY2009-10 Local Funds 5.1 All Outcomes Envisonware Maintenance/LPT 1 Client 2,682 FY2009-10 Module Local Funds 5.1 All Outcomes McAfee Smart Filter 1,575 FY2009-10 Local Funds 5.1 All Outcomes Ipswitch User Service Agreement, 1,596 FY2009-10 IMAIL Local Funds 5.1 All Outcomes Antivirus Network - AVO Technologies 1,500 FY2009-10 12 6.0. Plan Evaluation. The basic premise tell' the evaluation of this technology plan" thc satisfaclon accomplishment of the mission critical, stated goals. objecti\'\.:s and outcomcs, as dcmonstrated through the analysis of the defined measurements. In addition, therc are stated goals and or objectives that are considered mission critical in naturc and noted t<)r further consideration .md development. The measurements are designed to indicate change and/or growth in customer Use. quality and quantity of the service product and infrastructure improvements/enhancements. ,\1 i goals, objectives, outcomes and measurements are eonsidered mission eritical in nature and tllclIS. These are an indication of the needed improvements and cnhancements which have bcen determined to have a direct impact on public use of library technology and case or access It' information. The key areas for review are public acccss to information impact; professional development; available telecommunications, equipment and software; and, the acquisition of appropriate funding to support the plan. The technology plan should he reviewed, cvaluated and updated each year by the Library Leadership Team; submitted to the City Commlssion tell' review and adoption; and, forwarded to the State Library. IJ ,",W,"',''. ".'}, " .;.~ , VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement DRtes Office 0 S;,;(ember 1. 2009 August 17, 2009 Auoust 12, 2009 August 10, 2009 ) 0 Q' ';~ IX'f Sentember 15, 2009 A;;;rust 31 , 2009 AUl!Ust 26. 2009 August 24, 2009 \.D -4 [;i'i, ::= F. 0 (i") ~ b ~ - p II ? ~ XC ~ ::g: ... UJo oz: NATURE OF AGENDA ITEM o Announcements/Presentations .. Public Hearin RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of July and August 2009. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which sUltes: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALrlJ7tDf, Department Head's Signature ,ir2,- q~ cTty Manager's Signatur. n f1~ ~,~rv;e~ Departmen Name S:\BULLETfNIFORMSIAGENDA ITEM REQUEST FORM,oor ct CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JULY AND AUGUST 2009 1. Vendor: INSIGHT PUBLIC SECTOR Purchase Amount: $11.60000 Requesting Department: FIRE DEPARTMENT Contact Person: AMY MCDEAVITT Date: 7/23/09 Brief Description of Purchase: PURCHASE OF (4) TOUGHBOOK LAPTOPS WITH WARRANTIES Source for Purchase: US COMMUNITIES CONTRACT Fund Source: 001-2210-522.64-15 Commodity 2 Vendor: BEST STRIPING Purchase Amount: $11.55500 : Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL Date: 7/23109 Brief Description of Purchase: RE-STRIPING OF GATEWAY BLVD. BETWEEN SEACREST BLVD. AND FEDERAL HWY. Source for Purchase: THREE (3) QUOTES Fund Source: 302-4905-580.63-08 Service 3 Vendor: DRIVEWAY MAINTENANCE, INC. Purchase Amount: $22.872.00 I Requesting Department: ENGiNEERING Contact Person: GEORGE MANTELL Date: 8/5109 i , Brief Description of Purchase: SIDEWALK REPAIRS AT BOYNTON LAKES Source for Purchase: THREE (3) QUOTES Fund Source: 302-4905-580.63-24 Service 4 Vendor: M & M ASP HAL T MAINTENANCE, INC. Purchase Amount: $15,998.00 Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL Date: 8119/09 Brief Description of Purchase: OVERLAY WALKWAY ALONGSIDE SPRINGFIELD BLVD. REPAIR AND RESURFACE EXISTING ASP HAL T SIDEWALK Source for Purchase: THREE (3) QUOTES Fund Source: 302-4905-580.63-24 Service I 5 Vendor: CLASSIC CONTROLS INCORPORATED Purchase Amount: $22,950.00 I Requesting Department: UTILITIES ADMIN Contact Person: BARB CONBOY Date: 8120/09 , Brief Description of Purchase: ! , TEN (10) YOKOGAWA AXF SERiES SUBMERSiBLE MAGNETIC FLOWMETERS AND TEN (10) YOKOGAWA AXF SERIES ! MAGNETIC FLOWMETER CONVERTERS ! Source for Purchase: BID#004-2821-09IJA Fund Source: 406-5000-590.65-02 ! i Commoditv i , Page 1 /' PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 091227 DATE: 07/23/09 VENDOR 5067 TO: INSIGHT PUBLIC SECTOR 6820 SOUTH HARL AVENUE TEMPE, AZ 85283-4318 SHIP TO: City of Boynton Beach FIRE STATION #1 100 E. BOYNTON BCH BLVD BOYNTON BEACH, FL 33435 REOUISITION NO. 49795 ORDERING DEPARTMENT: AMY FIRE RESCUE I COMMISSION APPROVED: BID NO: INQUIRIES REGARDING PUt~CHASt ORDER CALL (561)142 G310 DATE NEEDED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 4.00 EA PANASONIC TOUGHBOOK 74-VISTA COA, 2690.0000 INTEL CORE 2 DUO P8600 2.4GHZ (Centrin2 vPRO} , 13.3 Touch XGA, 160GB, 2GB, WinXP, Intel WiFI a/'o/g/n, Multi-drive, b1uetooth, toughbook preferred. 10760.00 US Communities IT Products, Services & solutions (#RQ09-997736-42B) VENDOR ITEM NO.- CF-74JDMBD2M 2 4.00 EA PANASONIC PROTECTION PLUS -INSURANCE-PARTS AND labor- 3 years. US Communities IT products, Services & solutions. #RQ09-997736-42B VENDOR ITEM NO.- CF-SVCLTNF3Y 210.0000 840.00 REMARKS: Refer to Quotation no. 211407791; Sales Rep. Brian Mayer. I -rTV1 1 P.O. TOTAL: PROJECT 11600.00 PURCHASING / PURCHASE ORDER CITY Of BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425 0310 # , ~:2 ; JAI'E: VENDOR 6408 SHIP TO: TO: BEST STRIPING, INC. P.O. BOX 528 LOXAHATCHEE, FL 33470 :' "'/ of Boynton Beach ENGINEERING DEPARTMENT . 0 I, E. BOYNTON BCH. BLVD. BOYNTON BEACH, ?L 33435 DATE NEEDED: BID NO: COMMISSION APPROVED' REOUISITION NO. 49797 ORDERING DEPARTMENT ENGINEERING/GM/RC LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 11555.00 DL RE-STRIPING OF GATEWAY BLVD BETWEEN SEACREST BLVD AND FEDERAL HWY 1.0000 11555.00 REMARKS: Per quotation dated July 14f 2009. For additional information, please contact George Mantell at 742-6990 ACCOUNT NO. 302-4905-5BO.63-08 PROJECT CP0266 PROCUREMENT SERVICES: PO. TOTAL: ;1555.00 , I I I I .J 11555 00 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 091254 DATE: 08/05/09 VENDOR 874 TO: DRIVEWAY MAINTENANCE INC. PO BOX 10328 RIVIERA BEACH" FL 33419 SHIP TO: City of Boynton Beach ENGINEERING DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 DATE NEEDED, BID NO, I CDMMISSION APPROVED: INQUIRIES REGARDING PUHCHASf ORDER CALL (tJG1)742-631O REQUISITIDN NO. 49898 OROERING DEPARTMENT, ENGINEERING/GM/RC LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 22872.00 DL BOYNTON LAKES-SIDEWALK REPAIR 1.0000 22872.00 REMARKS: Scope of Work per attached, prC)posal 09-091148 dated July .31, 2009. PROCUREMENT SERVICES: P.O. TOTAL: 22872.00 CCOUNT NO. 302-4905-5BO.63-24 PROJECT CP0263 22B72.00 PURCHASING rtG ". .~_.,. \ t~ \'~ .0 Y ~, l'C \"' CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 3-Aug-09 Requesting Department: PW/Engineering Contact Person: George Mantell Explanation for Purchase: Boynton Lakes sidewalk repairs I Recommended Vendor Driveway Maintenance I Dollar Amount of Purchase $22,872.00 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D . Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detaIl contained within the contract Fund Source for Purchase: Acct #302-4905-580-63-24 CP0263 Approvals: Department Head Purchasing Agent Asst City Manager City Manager - lyiJ ~ q6t/ +_ ,0 I' f ' ,. I -h. .J k't. Date Date Date Date i"jJb-;j j 0' I 'J Form Revised 02101/02 --- PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 091285 DATE: 08/19 I 0 9 )OR 1814 TO: M & M ASPHALT MAINTENANCE, INC 1302 SOUTH J ST LAKE WORTH, FL 33460 SHIP TO: City of Boynton Beach ENGINEERING DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 DATE NEEDED: BID NO: I COMMISSION APPROVED: INQUIRIES REGARDING PURCHASE ORDER CALL \!JG1Jl42 GJ10 REQUISITION ND. 50014 ORDERING DEPARTMENT: ENGINEERINGIGMIRC LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 15998.00 DL OVERLAY WALKWAY ALONGSIDE SPRINGFIELD BLVD REPAIR AND RESURFACE EXISTING ASPHALT SIDEWALK 1.0000 15998.00 REMl>oE.KS: Scbp~ 9f WO:lCkper hoposa1 dated July 30, 2009. Fo:r."d4:it:iqna1 infomation, ple"s~ C"J:1tact P:lCoject Manage:lC, Geo:lCge Mantell at'742d;990. PROCUREMENT SERVICES: P.O. TOTAL: 15998.00 ACCOUNT NO. 302-4905-580.63-24 PROJECT CP0263 15998.00 PURCHASING .'---- PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH FLORIDA 33425.()3 '!C', i: ": ' r:" T')-." ,.', c, VENDOR 5915 TO: CLASSIC CONTROLS INCORPORATED PO BOX 6187 LAKE LAND , FL 33807-6187 SH ~_1-' '='0; '.-l "y of Boynton Beach E.Z\ST UTILITY ADMIN c4 E. WOOLBRIGHT ROAD flCYNTON BEACH, F: 2J43.5 -- REQUISITION NO. 49997 ORDERING DEPARTMENT: UTILITIES ADMIN TP DATE NEEDED: BID NO: I COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 10.00 EA YOKOGAWA AXF SERIES SUBMERSIBLE MAGENTIC FLOWMETER AXF200W-PNALIN-CA11-0NB VENDOR ITEM NO.- AXF200W-PNALIN-CA11- 1723.5000 17235.00 2 10.00 EA YOKOGAWA AXF SERIES MAGNETIC FLOWMETER CONVERTER J>P9\.AJ4G~]U-21 / CGP VENbOR ITEM NO.- AXFA14G-El-21 CGP 571.5000 57]5.00 RmMARKS: Bid no. 004-2821-09/JA, Commission Approved 12-2-2008 for the purchase of new Magnetic Flow Meters on an lias neededJ! basis. These Flow Meters will be installed by Utilities personnel. PROCUREMENT SERVICES: P.O. TOTAL: 22950.00 ACCOUNT NO. 406-5000-590.65-02 PROJECT WTR075 22950 00 PURCHASING 8 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Date Final Fonn Must be Date Final Form Must be Meetin~ Dates in to Citv Clerk's Office Turned in to Leoal Turned in to Procurement 0 SeDtember I, 2009 Aum'st 17,2009 Aum'st 12, 2009 AuQUst 10, 2009 ~ Sentember 15, 2009 Allillist 31, 2009 Allillist 26, 2009 Aul!Ust 24, 2009 0 Announcements/Presentations ~ City Manaoer's Reoort NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Al!enda 0 Leoal 0 Code Comoiiance & Leoal Settlements 0 Unfinished Business 0 Pubiic Hearln. 0 RECOMMENDATION: Motion to accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the Eleven Months Ended August 31, 2009. EXPLANATION: The attached report provides brief comments on actual revenues realized and expenditures incurred to date as compared to the annual budgeted amounts for the General Fund and the Utility Fund. PROGRAM IMPACT: This report is one of the financial reporting programs of the Department for the purpose of providing interim financial information to the City Commission and City Management. FISCAL IMPACT: The fiscal impact of the actual financial results to date is noted in the attached report. Staff is making a projected $7.2 million fund balance reduction of the General Fund for the year ended September 30, 2009. : Discuss the report or respond to questio s at the City Commission meeting. Department Head's Signature Financial Services City Manager's Signature Assistant to City Manager ~ I rc;1If City Attorney I Finance Department Name G:Agenda Item Request - Sep 15,2009 (GF & UF Budget Status-II Months Aug 31, 2009) . CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPARTMENT MEMORANDUM FROM: Kurt Bressner, City Manager \',,( Barry Atwood, Finance Director ~p . Tim Howard, Deputy Finance Dire~ Tony Davidson, Budget Manager ~ CS Sue Moroney, Revenue Manager TO: DATE: September 9, 2009 SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund) Ten Months Ended August 31,2009 (92% of the Fiscal Year) We have summarized and are providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the period ended August 31, 2009 compared to (a) the annual budget for this year and (b) actual results to date for the prior year. GENERAL FUND For the eleven months to date in FY 2009, General Fund revenues and transfers realized (including a transfer of appropriated fund balance of $4.2 million) are $63.7 million (86%) of the $73.9 million annual budgeted revenue estimate. FY 2009 revenues and transfers exceed expenditures by $2.4 million compared to $0.8 million at this same date last year. This represents a positive net result of $1.5 million in FY 2009 compared to FY 2008 for the eleven month period. (Referenced amounts are highlighted below) FY 2009 Annual Budget FY 2009 Actual FY 2008 Actual to Date to Date Bud et Amount % Amount % Revenues & Transfers $ (6,140) $ 67,823 $ 73,963 $'63,718 86% $ 60,419 85% Expenditures $ 3,700 $ (70,263) $(73,963) $(61,352) 83% $ (59,5921 80% Excess (Deficit) $ (2,440) $ (2,440) $ $ 2,366 $ 827 Proiected Year-End Results - Projections are at best risky. However, with the results to date and if the assumptions for revenues and expenditures that follow prove reasonably on target, the General Fund's deficit (reduction of fund balance) for the year could approximate $7.0 million. This is based on the following: . $4.6 million - Appropriation (use) of fund balance to balance the budget . $2.4 million - Projected operating deficit (above) . $7.0 million - Total projected reduction of fund balance The following page summarizes the major revenues and expenditures to date. C:\Documents and Settings\atwoodb\Local Settings\Temporary Internet Files\OLK3\Memorandum - II Months Aug 11 2009.doc Revenues (Exhibit Al - While the excess of revenues results from a majority (98%) of property taxes received in the first ten months of the year, it compares unfavorably with the 100% received at this same point last year as noted on Exhibit A. This translates to approximately $700 unpaid property taxes this year whereas it was approximately zero last year in FY 2008 $6.1 M Revenue Shortfall - we are projecting uncollected property taxes of $700 thousand for the year. In addition, we are expecting the need to refund perhaps $600 thousand of building permits previously collected. Together, these two projections raise our projected revenue shortfall for the year to $6.1 million as noted on Exhibit A for all funding sources. The following revenue sources account for the majority of the $6.1 million projected shortfall for the fiscal year: . $0.7 million - Ad Valorem Taxes . $0.2 million - Franchise Fees . $3.6 million - Building Permits . $0.5 million - State Shared Revenue . $0.4 million - Public Safety Revenue . $0.3 million - Interest Earnings Expenditures (Exhibit BI- General Fund expenditures to date are $61.4 million (83%) of the $73.9 million expenditure appropriation. However, while this represents an increase of $1.7 million compared to FY 2008, this year has only spent 83% of the budget at this point of the fiscal year. However, last year we had spent 80% of the annual budget. The attached graph at the bottom of Exhibit B displays actual expenditures (red line) below the budget (green line) and drawing close to the actual spending levels in FY 2008 (brown line). This displays the results of our efforts in the past several months to reduce expenditures further below the budget in order to offset the anticipated revenue shortfall. $3.7M Projected Expenditure Savings - If we assume that we can continue the reduced rate of spending in the last month of the year and come in 5% under budget for the full year, this results in a $3.7 million savings (5% of $74 million) for the full fiscal year ended September 30, 2009. This savings then estimates FY 2009 expenditures of $70.2 million; half way between last year's total expenditures of $67.0 million (brown line) and this year's budget of $73.9 million (black straight line). C:\Documents and Settings\atwoodb\Local Settings\Temporary Internet Files\OLK3\Memorandum _ II Months Aug 31 2009.doc EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUNP ANALYSIS STATEMENT OF REVENUES - COIIPARAllVE BUDGET TO ACTUAl Fiscal Year Period Ended August 31, 2009 (92% of Fiscal Year) REVENUES FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE ACCOUNTS ----._-- REVENUE % REVENUE % DIFFERENCE PROJECTED APPROVED REAUZED REALLZED APPROVED REAUZED REALIZED AD VALOREM TAXES (798,882) $:::.214,57:, $~~,013,46~, $34,270,804 98% $38,151,700 $38.232.934 100% LESS TIF TAXES TO eRA 98 882 5,144 938 5 243.820 (5,144,938) 98% f8,129 284' (6,129.284) 100"1. NET TAXES TO THE CITY (700,000) 29,069,640 29,769,640 29,125,866 98% 32,022,416 32,103,650 100% LICENSES AND PERMITS FRANCHISE FEES (221,000) 4,900,000 5,121,000 3,449,622 67% 5,188,400 3,422,290 66% BUSINESS TAXES (16,000) 1,375,000 1,391,000 1,406,972 101% 1,385.000 1,428.864 103% BUILDING PERMITS (3,615,000) 335,000 3,950,000 761,173 19% 5.244.930 3,863,460 74% PUBue SERVICE TAXES - . 0% 3,822,490 2,910,296 76% OTHR LICENSES, FEES & PER (28,0001 168,000 196,000 159,401 81% 223,700 174,642 78% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE (185.0001 25,000 210,000 11,073 5% 2,500 45,678 1827% STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 5,029,411 76% 7,747,000 5,648,222 73% SHRD REV FROM OTHR LCL (15,000) 490,000 505,000 245,207 49% 942,000 238,224 25% STATE GRANTS 0 65,375 0% 0 0% CHARGES FOR SERVICES PYMTS IN WEU OF TAXES 7,000 93,000 86,000 92,599 108% 87,200 82,552 95% CHRGS-GENERAL GOVT (39,406) 251,000 290,406 275,145 95% 406,750 285,401 70% PUBLIC SAFETY (386,926) 3,850,000 4,236,925 3,761,822 89% 3,482,600 3,357,686 96% PHYSICAL ENVIRONMENT 8,000 13,000 5,000 13,849 277% 4,885 0% CUL TURElRECREATION (7,0001 305,000 312,000 277,5&4 89% 286,800 290,916 109% INTEREST & MISC REVENUE VIOLATIONS lOCAL ORD. 49,000 152,000 103,000 186,351 181% 280,000 163,014 5O% INTEREST EARNINGS (296,000) 805,000 1,100,000 634,710 68% 1,519,625 980,827 65% RENTS AND ROYALTIES (34.000) 200,000 234,000 163,658 70% I 209,500 175,699 84% I SALE OF SURPLUS MATERIAL 25,000 28,000 3,000 28,178 939% 1,500 6,175 82% OTHER MISC. REVENUE (182,000) 195,000 377,000 230,967 61% 216,900 299,418 138% INTERNAL-FUND TRANSFERS TRANSFERS - 14,786,865 14,786,665 13,564.455 92% 5,386,800 4,937,067 92% FUND BALANCE APPROPRIATED 4,630 000 4,630,000 4,244,167 92"10 _n 0% Total Revenues $ (6,140,331) $ 67,823,305 $ 73,963.636 $63,717,565 86% $ 68,442,011 $60,418,966 88% $80.01l() Two Year Cumulative Revenue Comparison and CFY Budget ~ ($ in thousands) $70.000 i $~O.OOO '-'".i.-i,'. ;S60.000 '\.:iJ.911 $53.46 , / $45 / .-"'~ $41,0 I $10,000 I I f3.400 Si-l2.120 K $40.000 K / :S'O.OIIO >?' ./ ;$20.000 so Oc< ~ov nee Jrn, Feb MaT ^p' M~) Iun .lu] '\UL ."'''1'' ~Cumulative 08 Actual ~Cumulative 09 Actual -----+- Projected 09 Budget S'\Fmanc::\Financial Reports\Moothly F,ll8l\Cllll Rq>orts\Budgcl Review. (iF. thru AIIIl ()\I SummarizcdOll) RevenLJe SwnmllJY Rev,.ed 'l.'~!l.I~I" EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STAlEMENT OF EXPENDITURES - COMPARATIVE BUPGET TO ACTUAL Fiscal Year Period Ended August 31, 2009 (92% of Fiscal Year) EXPENDITURES FT lUUlt FY 2009 TO DATE 'F'nlRllr ATE ACCOUNTS BUDGET EXPENDED % BUOGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 423,814 $ 345.587 82% $ 474,182 $ 281,890 89% CITY MANAGER 639,805 516,629 8t% 611,335 823,088 Be'll. CITY HALLIOEN. AllMlH. 1,817,260 1.232,187 &4% 4,217,483 3,738,358 89% PUBUC AFFAIRS 182,064 118,429 8$% 185.891 137,171 74% CITY CLERK 558,899 446.552 80% 557,765 422,347 76% CI1Y ATTORNEY 480,375 424,449 88% _,046 438,889 89% FINANCIAL SERVICES 1,247,884 1,047,277 84% 1,176.149 1,027,482 87'1\ 17S 1,888,388 1.391,188 75% 1,783,228 1,818,208 88% GEOGRAPHICAL INFO SYSTEMS 430,164 388.642 83% 411,207 359,579 87'1\ HUMAN RESOURCES 1,045,986 796,789 78% 916,809 724,01. 79% ORGANlZAOONAL DEVELOP 198,891 129,838 68% 179.790 149,842 83% PUBUC SAFETY COIIMUNlCATIONS 2,384.971 1,700,799 71% 2,341,086 1,649,4201 70% POUCE 24,321,580 20,819.081 64% 21.380,400 19,483.126 91% CQOE COIIPUAHCE 1,261,_ 986,782 78% 1,024,201 918,883 90% FIRE 18,713,899 18,1189,420 89% 14,802,509 13,228,888 89% EMERGENCY MANAGEMENT 116,300 72,880 62% 148,897 62.331 42% ANIMAL CONIROL 201.023 164,283 77'1\ 188,049 '.9.469 81% BUILDING & DEVELOPMENT DEVELOPMENT 412,828 388,827 89% 387," 382,810 91'4 BUILDING 2,368,088 1.678,388 71% 2,432,728 1,919,988 82% ENGINEERING 937.164 800,487 88% 919,102 783,886 82% PLANNING & ZONING 991,480 818,925 82% 1,039,390 871,8&3 84% BUSINESS TAX 297.938 251,032 84% 288,726 263,938 91'4 PUBUCWORKS PUBUC WORKS 296.412 276.702 93% 294,&24 261,958 Il9% FACILI~_GEMENT 2,009,486 1,808,141 78% 1,792,088 1,582,888 Il8'4 S'TREETS MAINTENANCE 1,175.287 810,070 89% 1,084,948 824.140 77% LEISURE SERVICES LIBRARY 2,800,820 2,021 ,221 78% 2,_...., 1,975,399 79% RECREATION 2,771.738 2,315,117 84% 2,798.728 2,218,891 79% FORESTRY & GROUNDS 1,824.843 1,306.709 72% 1,862,982 1,417,208 76% PARKS MAINTENANCE 2,324,939 1,987,750 86% 2,272,639 1,838,314 81% CRA REIMBURSABLE & RESERVES (37,449) 391 ,228 0'4 . 412,279 0% Total Expo_ $ 73.963.638 $61,382,158 83% $88 11 $ 59,591 ,84& 87% I;~'~ ! $73 64 $70,000 $60.000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 Dol Nov 0" J~ F,b M" Ap' May J= Jul Aug S'p ~ Cumulative 08 Actual ~Cumulative 09 Actual -+- Budget 09 S:\FlI'DIIlCelFmancial Reports\Monshly Financial Reports\B1>dgllt Review - GF - thru Aug 09 SllIl1llJ8:l'lZel E~ Summary Revised 91812009 UTILITY FUND Through August 31, Utility Fund revenues and appropriated fund balance exceeded expenditures by $7.6 million in FY 2009 compared to expenditures exceeding revenues by $2.6 million last fiscal year. While this notes a positive swing of $10.2 million as noted in the following summary, it includes a $4.5 million fund balance appropriation to date as part of the funding source. Revenues & Fund Balance Expenditures Excess (Deficit) Annual Bud et $ 33,312 $ (33,312) $ FY 2008 Actual To Date Amount % $ 25,008 75% $ (27,631) 83% $ (2,623) FY 2009 Revenues & Fund Balance above in the Annual Budget column includes a $4.887 million appropriation of fund balance as a funding source in order to balance the budget for the full year. Revenues (Exhibit C) - The $34.5 million in FY 2009 revenues and fund balance appropriation exceed the $25 million to date in FY 2008 by $9.5 million because of two factors: 1. The $4.5 million fund balance appropriation and 2. The rate increases this fiscal year making up the difference. It appears that the water and sewage revenues for FY 2009 are back on track at this 92% of the way through the fiscal year as follows: . Water Sales - $12.4 million = 102% of the annual estimate, compared to 67% at this point in FY 2008, with the heavier usage in July and in the months ahead. . Sewer Service - $13.9 million = 101 % of the annual estimate, versus 82% last year. The May 1 water and sewer rate increases have begun to offset the projected $4.887 million budgeted deficit. Hopefully, this will provide for adequate bond debt service coverage that was in jeopardy prior to the increases. However, the increases will be tempered by the 7% rate reduction beginning in August. Expenditures (Exhibit D) - Utility Fund expenditures to date were $26.9 million or 76% of the annual appropriation with spending at a slower rate this year resulting from a conscious effort to reduce costs. Individual expenditure categories reasonably tracked and compare favorably to FY 2008 overall especially in the major expenditure categories of Public Water Treatment and Sewage Treatment. C:\Documents and Settings\atwoodb\Local Settings\Temporary Internet Files\OLK3\Memorandum - II Months Aug 31 2009.doc EXHIBIT C CITY OF BOYNTON BEACH. FLORIDA UTlUTY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended Auguat 31, 2009 (92% of Fiscal Yearl REVENUES FY 2009 FY 2009 TO DATE FY 2008 FY 2008 T DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $12,100,000 $12,375,998 102% $13,853,000 $ 9,287,039 57% WATER CONNECTION FEE 80,000 15,105 20% 205.000 104,325 51% WATERSE~CECHARGE 200,000 404,S34 202% 200,000 253,984 127% WTR-BACKFLOW PREVNTR TEST . 25,482 - 5,560 SEWER SE~CE 13,826,000 13,897,181 101% 14,251,907 11,72:1,7n 82% STORMWATER unUTY FEE 3.315.000 3,041,073 92% 3,495,BOO 3,041.977 87% TELEVISE SEWER UNES 10,000 . 0% 30,000 5,442 21% FEES 50,000 . 0% 50,000 31,351 63% INTEREST INCOME 840,000 191,585 23% 1,100,000 310,_ 28% SALE OF SURPLUS EQUIP. 1,000 . 0% 5,000 1,305 28% GAIN LOSS ON INVEST . 2,005 0% - 8,959 0% OCEAN RGE UT TAX ADM CHG 500 508 102% - 385 0% BAD DEBT RECOVERIES 3,000 1,935 55% 10,000 2,078 21% MISCELLANEOUS INCOME 30,000 15,753 56% 10,000 133,599 1338% TRANSFER FROM 101,000 92,583 92% 101,108 92,582 82% APPROPRIATED 4887153 4,479,890 92% . - TOTAL REVENUES I ....5 442 553 $ 34.545.844 97% $33312815 $25,007,509 75% "".000 Two Year Cumulative Revenues Comparison and CFY Budget ~ (5 in thousands) 530,000 ~7J63 S3~.44) ! $20,000 ~ : $10,000 i I I $2,177 so 00' Nov Doc JM Fob M~ "'" M.y J~ J'" Au, Sop ! ~~~~I~tive 08 Actual ~Cumulative 09 Actual -+- Budge~ 2~J S_\finance\Financiaf Reports\Monthly FlnBllCIsl Reports\Budget Review. UF - thru Aug 09 Summanzed401 Rev Sum EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2009 (92% of Fiscal Year) EXPENDITURES ....... FY 2009 TO DATE rT ...... CIDlTE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENPED % APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1.687.111 $ 1,349.147 80% $ 1,472,215 $ 1,477.693 100% PUBUC WATER TREATMENT 6,672.154 5,412,134 81% 6,118,042 5.293.616 87% METER READING & SERVICES 1.209,520 791,839 65% 1.210,417 878,395 73% WASTEWATER COLLECTION 1,794,768 1,628,793 91% 1.749,751 1.667,882 90% WASTEWATER PUIIPING STATNS 2,574,901 2,159.929 84% 2,587.811 2,162,649 84% SEWAGE TREATMENT 4,50&,000 3,145,801 70% 3,775,800 2,962,186 78% WATER QUAUTY 678,888 507,119 88% 523,507 481.375 92% UTIUTY CONSTRUCTION - . (1,135) UTILITY ADIIIMSTRATION 2,011,468 1.524,251 75% 1,950,265 1,593,053 82% GENERAL ADMINISTRATION 5,727,921 4,328.836 76% 5,694,300 4,IlO4,610 81% UTILITES ENGINEERING 1,274,598 1,039.054 82% 1,198,267 1,052,733 88% STORMWATER MAINTENANCE 899,485 468,640 52% 931,447 608,749 65% CUSTOMER RELATIONS 1,202,174 1,036,852 88% 1,217,468 1,092,416 90% DEBT SERVICE 5,3041,665 3,603.766 68% 4,882,725 3,886,470 SO'''' RESERVES - (48,573) 0% - (29,380) 0% Tolal Expendltu_ $35,442,663 $ 26,947,387 76% $33,312,815 $27,631,312 83% . $40,000 Two Year Cumulative Expenditures Comparison lInd CFY Budget ~ ($ in thousands) $10,000 $30,000 $20,000 $1, .' Ocl Nay Dee J," Feb Mar 'p' Mav .lun Jill .\ug S"'p ! ~Cumulative 08 Actual -'-Cumulative 09 Actual --+- Budget 2009 S:\Finance\Financial Reports\Monthly Financial Reports\Budget Review. UF - thru Aug 09 Summartzed401 Exp Sum VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Fonn Must be Date Final Fonn Must be Date F ioa! F onn Must be Commission Meetimr Turned in to City Clerk's Tumed in to !&@l Turned in to Procurement Dates Office 0 q, [J September 1, 2009 Au"ust 17,2009 Au"ust 12, 2009 Au"ust 10, 2009 bo j c: ~ September 14, 2009 August 3 !, 2009 August 26, 2009 August 24, 2009 "J! ,.. " - 1 1 I October 6, 2009 Seotember 14, 2009 September 9, 2009 September 7, 2009 :::: ". :x 1 i October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009 ..... ~ .. AnnouncementslPresentations Cit Mana er's Re ort 2 "rl oio; ~ "" 0. -< % .... o % iJe of5W .~ :r NATURE OF AGENDA ITEM New Business D Code Com liance & Le al Settlements D Public Hearin D Le al o Unfinished Business D RECOMMENDATION: A motion to approve the "SURPLUS VEHICHLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. EXPLANATION: Procurement Services has received twenty six (26) items on the "SURPLUS VEHICLE/EQUIPMENT LIST" that was submitted by the Public Works/Fleet Maintenance Division (see attached listing). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be auctioned by the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the Surplus Vehicles/Equipment. PROGRAM IMPACT: The disposal of Surplus Vehicles/Equipment will provide inventory, control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of these surplus vehicies/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: 501-0000-365-01 -00 Account Descriotion: Sale of Surplus Vehicle/Equipment ALTERNATIVES: To hold Public Auction with Staff which has been done in the past, but after expenses, it was not in Ihe best interest of the City. aLl-; (i!f:/;;/ Department Head's Signature ~ City Manager's Signature Public Works City Attorney / Finance Department Name S;\BULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC Vehicle Surplus List Eauia. Oept Year Mfa. Oescription VIN Mileaoe Condition Reason Amount received 577 PKS 1997 Ford F350 Stake Body 1 FDKF37H3VEB05576 14806 POOR MECHANICAL/BODY I 617 FLT 2001 CHEVY S-10 PICKUP 1 GCCS 145X 18203354 38171 POOR MECHANICAL/BODY 701 FLT 2002 CHEVY S-10 PICKUP lGCCS145618204629 30185 POOR MECHANICAL/BODY 38 STS 1993 FORD F700 DUMP 1 FDXK74C6PVA39271 5900 POOR MECHANICAL/BODY 1077 SW 2001 VOLVO REFUSE TRUCK 4V2EC6HEX1N327457 27349 POOR MECHANICAL 164 UTL 1998 CHEVY 1500 PICKUP 1 GCEC14W3WZ214731 53209 POOR MECHANICAL 703 BLD 1998 FORD TAURAS lFAFP52U7WA194019 39922 POOR MECHANICAL/BODY 651 CE 1998 FORD TAURAS lFAFP52U1WA194016 66168 POOR MECHANICAL/INT 3101 PO 2011 CHEVY MAUBU lG1ND52J71M579889 86459 POOR MECHANICAL/BODY 3102 PO 2001 CHEVY MAUBU lG1ND52J816210799 80564 POOR MECHANICAL/BODY 45 STS 2000 FORD F150 PICKUP 2FTPF17Z8YCA49653 56626 POOR MECHANICAL/BODY 4401 PO 2003 FORD MUSTANG lFAFP48Y83F426145 61836 POOR MECHANICAL 618 FAC 2002 DODGE CARGO VAN 2B7KB31Z42K129300 21855 POOR MECHANICAL/BODY 602 FAC 2000 DODGE CARGO VAN 2B7KB31Z6YK137603 38610 POOR MECHANICAL/BODY 619 FAC 1998 CHEVY UTIUTY TRUCK 1GTHC34R3WF058811 45802 POOR MECHANICAL/BODY 1064 SW 2001 STERLING PETERSON LOADER 2FZMSBV61AG08591 13513 POOR MECHANICAL/BODY 1066 SW 2001 STERLING PETERSON LOADER 2FZMSBV81AG08589 1166 HR~ POOR MECHANICAL/BODY 615 SW 1998 CHEVY 1500 P/U lGCEC14W6WZ213914 116681 POOR MECHANICAL/BODY 810 FIRE 1999 CHEVY BLAZER lGNCS13W7XK181584 82129 POOR MECHANICAL/BODY 825. FIRE 1998 CHEVY BLAZER 1GNDT13WXWK194636 89800 POOR MECHANICAL/BODY 811 FIRE 1999 CHEVY BLAZER lGNCS13W4XK180604 81799 POOR MECHANICAL/BODY -- 519 REC 1998 CHEVY EXPRESS VAN 1 GCHG39R8Wl 083309 27693 POOR MECHANICAL/BODY -- 8515. PKS 2001 TORO RIDING MOWER 210000199 1728 POOR MECHANICAL/BODY 8518 PKS 2001 TORO Z MASTER MOWER 210000265 1050 POOR MECHANICAL/BODY 579 PKS 1998 CHEVY 3500 P/U DUELL Y 1 GTHC34R2WE5491 03 8797 POOR MECHANICAL/BODY CONF PO 1994 FORD VAN 1 FDEE14HORHBB0457 141812 POOR MECHANICAL/BODY -. --' -~.. Vendor Totals S Sadisco J JJ Kane $0.00 'cr}"-V..~,,,, ,/ , ~\ \ C 1.\ "".'-, ',; '>' > _d ".'./ ) () ~-i . VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetim! Turned in to Citv Clerk's Turned in to Lee:al Turned in to Procurement Dates Office 0 September 1. 2009 AUQust 17, 2009 AUlI.Ust 12. 2009 AUll.Ust 10, 2009 [><J September 14. 2009 August 31, 2009 AUQust 26, 2009 Au,,"st 24, 2009 Ii October 6, 2009 Seotember 14, 2009 September 9, 2009 Sentember 7, 2009 0 October 20, 2009 October 6, 2009 Seotember 30, 2009 Seotember 28, 2009 Consent A enda Unfinished Business NATURE OF AGENDA ITEM AnnouncementsIPresentations Administrative RECOMMENDATION: Authorize the use of$I,OOO.OO for the Community Caring Center, $350.00 for the Caridad Center and $1,000.00 for the Schoolhouse Children's Museum from Commissioner Ross's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of the following: o $1,000 for Community Caring Center to provide food and help with general expenses. o $350.00 for Caridad Center to assist all low income families for free health services. o $1,000.00 for Schoolhouse Children's Museum to assist with general expenses and programs. PROGRAM IMPACT: Allocation of funds will assist the above centers. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1 110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000.00 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ~--- ity Manager's Signature~ 1 Department Name S:\BULLET!N\FORMSIAGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 8, 2009 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $1,000.00 RecipientlPayee: Community Caring Center Description of project, program, or activity to be funded: Funds are to be used to provide food and help with general expenses for operating the facility. Dated: 't/<if/09 ? By:/~ tJ~ Part II-Availability offunds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $7,650.00 has been used to date by the requesting Member, leaving a balance of available funds of $2,350.00. This request would bring the available amount down to $1,350.00. Accordingly: ..1':1'" There are funds available as requested u There are insufficient funds available as re Dated: f.i'rf1 By: Part III- Eligibility Evaluation (to be completed by City Manager) Dated: JJ' The proposed expenditure of funds will not result in improvement to private property; D The recipient/payee provides services within the City of Boynton Beach; \a" The project, program or activity which is being funded will occur in the City j)f Boynton Beach and participation is open to all residents of the City; and r;;v Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. ) / J ~~~~---'- City Manager By: g--- <0 - J1 S:\City MgrlAdministrationlMAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06,doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 8, 2009 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $350.00 Recipien1fPayee: Caridad Center Description of project, program, or activity to be funded: Allocation of funds will assist the above center to assist all low income families for free health services. Dated: <j lr~ /0 '1 By: ~a-,.".... {.J..d..L. Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $8,650.00 has been used to date by the requesting Member, leaving a balance of available funds of $1,350.00. This request would bring the available amount down to $1,000.00. Accordingly: ..r There are funds available as requested o There are insufficient funds available as re ues Dated: f.g.Of By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: ~- &- Ul c;V The proposed expenditure of funds will not result in improvement to private property; r/ The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. k.~~re--- City Manager By: S:\City MgrlAdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05. 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: September 8, 2009 Requested by Mayor/Commissioner: Commissioner Ross Amount Requested: $1,000.00 RecipientlPayee: Schoolhouse Children's Museum Description of project, program, or activity to be funded: Allocation of funds will assist the above center with general expenses for programs and operating the facility. Dated: d'i?/o'7 By:/~_ wdL Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to thc requesting Member of the Commission listed above is $10,000.00. $9,000.00 has been used to date by the requesting Member, leaving a balance of available funds of $1,000.00. This request would bring the available amount down to $0. Accordingly: J2f There are funds available as requested o There are insufficient funds aVailab~~ () (l Dated: 0.,2'''1 By: ~_ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) 8'" The proposed expenditure of funds will not result in improvement to private property; -d The recipient/payee provides services within the City of Boynton Beach; ..r The project, program or activity which is being funded will occur in the City v'pf Boynton Beach and participation is open to all residents of the City; and cv' Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. J Dated: 9-<6-dl By: ... !'~ ~ .. & 14......e. Ity Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Page I of2 Welsh, Pam From: Marlene Ross [marlene_ross@yahoo.com] Sent: Tuesday, September 08, 2009 8:50 AM To: Welsh, Pam Cc: Bressner, Kurt; Ross, Marlene Subject: RE: discretionary funds? OOPS! $1,000 to Community Caring Center $1,000 to Schoolhouse Children's Museum $ 350 to Caridad Center $2,350 TOTAL (remaining balance of my discretionary funds) Thank you. MR --- On Tue, 9/8/09, Welsh, Pam <WelshP@/Jbjl.us>wrote: From: Welsh, Pam <WelshP@bbfl.us> Subject: RE: discretionary funds? To: "Marlene Ross" <marleneJoss@yahoo.com> Cc: "Bressner, Kurt" <BressnerK@bbfl.us> Date: Tuesday, September 8, 2009, 7:25 AM Commissioner, Attached please find a listing of your Discretionary Funds spent for the 2008/2009 budget year and who they were appropriated to. You have not donated to either Schoolhouse Chiidren's Museum or the Caridad Center. If you have any questions, please feel free to contact me. Thank you. :J'am Well,. ad.tninio tJuItWe {l.,. iJtant ~ .Managvt'. (9f.1ire 9/8/2009 Page 2 of 2 561-742-6013 wet. ftp(ii]Mf.tJ.UJ From: Marlene Ross [mailto: marlene_ross@yahoo.com ] Sent: Saturday, September 05, 20094: 12 PM To: Welsh, Pam Cc: Ross, Marlene; Bressner, Kurt Subject: discretionary funds? Hi, Pam. Can you please let me know on Tuesday if you're in the office if I have already given discretionary funds to the Schoolhouse Children's Museum during this budget year? Also, let me know about Caridad Center. I know that a balance remains to be designated and I would prefer to avoid duplication. Thank you. Marlene 9/8/2009 Community Investment Funds Spent 2008/2009 COMMISSIONER ROSS Amt Total Organization Approved Spent Date Ross 1,200 Boynton Beach H.S. Aerospace Program 10/21/08 300 Boynton Beach H.S. Girls Basketball Program 10/21/08 500 PBC School Dist. Education Network T.E.N. I 1/05/08 700 Boynton Beach CRA Concert 1/16/09 12/16/08 700 Galaxy Elementary FCA T Incentives 02/03/09 2,000 Heritage Awareness Celebration 04/07/09 500 Toussaint L'Ouverture High School for Arts/Social Justice 04/21/09 500 Boynton Hoops, Inc. 06/02/09 500 Poinciana Elementary Math/Science/Tech. Magnet School 06116/09 750 Education & Youth Advisory Board 7/7109 1,000 Community Caring Center Pending 350 Caridad Center Pending 1,000 10,000 Schoolhouse Children's Museum Pending \,.,0 i'~.""",,", 'y _ :), (, ..7 'v ';:0 ';~"'> ~ . VI-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date: Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetine: Turned in to City Clerk's Turned in to Lee:al Turned in to Procurement Dates Office 0 September I, 2009 August 17, 2009 AUQust 12, 2009 August 10, 2009 ~ September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009 n October 6, 2009 Seotember 14, 2009 September 9. 2009 SeDtember 7, 2009 n October 20, 2009 October 6. 2009 SeDtember 30, 2009 Seotember 28, 2009 0 Announcements/Presentations 0 Citv ManaQer's Reoort NATURE OF 0 Administrative 0 New Business AGENDA ITEM IXl Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearinll: 0 RECOMMENDATION: Authorize the use of $2,400.00 from Commissioner Weiland's Community Investment Fund to assist The Dancer's Alchemy, Inc. and $2,500.00 for the Jayne E. Miller Nursing Scholarship Fund. EXPLANATION: Commission approval is requested for allocation of the following: . $2,400 for The Dancer's Alchemy to assist with the cost of advertising, printing posters and tickets, and other related expenses for this organization. . $2,500 for the Jayne E. Miller Nursing Scholarship Fund to assist in the education of nursing students. PROGRAM IMPACT: Allocation of funds wiIl assist the above organization. FISCAL IMPACT: (Include Account Number where funds wiIl come from) 00 I - I I 10-5 I 1-95-47 Funds are budgeted for these types of activities. Each Commissioner has $ I 0,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature k---- City Manager's Signa City Attorney / inance Department Name S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 8, 2009 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $2,500 Recipient/Payee: Jayne E. Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund to assist in the education of nursing students. Dated: dr/v1 ., By: /~ wdL_ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $5,100.00 has been used to date by the requesting Member, leaving a balance of available funds of $4,900.00. This request would bring the available amount down to $2.400.00. Accordingly: 13 There are funds available as requested o There are insufficient funds available as re9!!1.eG r Dated: f- h .r:I! BY:~ ~;Q,~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) i/t-- The proposed expenditure of funds will not result in improvement to private property; ~ . The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and Q'Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: 9-0-07 , 'j By: i1'^'~A/- ity Manager S:\City MgrlAdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05. 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 8, 2009 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $2,400 RecipientlPayee: Dancer's Alchemy, Inc. Description of project, program, or activity to be funded: Allocation of funds will assist with the cost of advertising, printing posters and tickets, and other related expenses for this organization. Dated: r/"/Oq By: j?~ wdL. Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $7,600.00 has been used to date by the requesting Member, leaving a balance of available funds of $2,400.00. This request would bring the available amount down to $0. Accordingly: ~ There are funds available as requested ~ There are insufficient funds available~as re ue te . Dated: tf'." 'eIf By: ~_ inance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Ill"'" The proposed expenditure of funds will not result in improvement to private property; cY'The recipient/payee provides services within the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ijV"Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: Cl-S- &9 By: ~.. City Manager -=-- S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-2006IBLANK FORM REVISED05- oe.doc Community Investment Funds Spent 2008/2009 COMMISSIONER WEILAND --.-..,-.-.-..- Amt Total Organization Spent ..----- Weiland 1,000 Southern Dance 600 PBC School Dist. Education Network 750 The Dancer's Alchemy. Inc. 2,500 Bethesda Memorial Hospital 250 Boynton Hoops. Inc. 2,400 The Dancer's Alchemy, Inc. 2,500 10,000 Jayne E. Miller Nursing Scholarship -1 i Approved ------j Date I 10107/08 T.E.N. I 11105/08 03117/09 04/07/0'1 06/02/09 I Pending ~_._ i Pending ,C{('~ y C,'" (. '~-'"' -.- -. '6. l\}: '>""/~-::)o;~' -'i!J;/ VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Fonn Must be Commission Meetiol! Turned in to City Clerk's Turned in to Lellal Turned in to Procurement Dates Office 0 September I, 2009 Aueust 17, 2009 Aueust 12, 2009 Aueust 10, 2009 IZI September 14. 2009 Aueust 31, 2009 Aueust 26, 2009 Aw!Ust 24, 2009 0 October 6, 2009 September 14, 2009 September 9, 2009 Seotember 7, 2009 II October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009 0 Announcements/Presentations 0 City Manaeer's Report NATURE OF 0 Administrative n New Business AGENDA ITEM IZI Consent Agend. 0 Lee.l 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearin~ 0 RECOMMENDATION: Authorize the use of$I,OOO.OO from Vice Mayor Hay's Community Investment Fund to assist the Schoolhouse Children's Museum, and $800.00 for the Boynton Woman's Club. EXPLANATION: Commission approval is requested for allocation of the following: . $1,000 for Schoolhouse Children's Museum to assist with general expenses and programs. . $800 for the Boynton Woman's Club to assist with general expenses. PROGRAM IMPACT: Allocation of funds will assist the above organization. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. Department Head's Signature i.~,,;~. ALTERNATIVES: Decline to authorize the requested use. Department Name -:> S-\B\.ILLET1N\FORMSIAGENDA ITEM REQUEST FORM,DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 8, 2009 Requested by Mayor/Commissioner: Vice Mayor Hay Amount Requested: $1,000 Recipient/Payee: Schoolhouse Children's Museum Description of project, program, or activity to be funded: Allocation of funds will assist the above center with general expenses for programs and operating the facility. Dated: '/ 1'1/ iJ'i By: /'~ tA)L~ Part II-Availability offunds (to be completed by the Finance Director) The anImal appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $8,200.00 has been used to date by the requesting Member, leaving a balance of available funds of $1,800.00. This request would bring the available amount down to $800.00. Accordingly: -0 o There are funds available as requested There are insufficient funds available as requ~ f.g. Ot By: d6(, Fmance DIrector Dated: Part 111- Eligibility Evaluation (to be completed by City Manager) if The proposed expenditure of funds will not result in improvement to private 'property; b" The recipient/payee provides services within the City of Boynton Beach; or/The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~/Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: r-... 0 ".,~ '1-0~vl By: '\ J~-_.. City Manager S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05- 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 8,2009 Requested by Mayor/Commissioner: Vice Mayor Hay Amount Requested: $800 RecipientlPayee: Boynton Beach Woman's Club Description of project, program, or activity to be funded: Allocation of funds will assist the above center with general expenses for operating the facility. Dated: r jq-jo'l By: ~ LJ~ Part II-Availability offunds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $9,200.00 has been used to date by the requesting Member, leaving a balance of available funds of $800.00. This request would bring the available amount down to $0. Accordingly: '6 There are funds available as requested oTher are insufficient funds available as re~ q ~ tJ By: ~ Finance Director Dated: Part 111- Eligibility Evaluation (to be completed by City Manager) ill"'" The proposed expenditure of funds will not result in improvement to private property; \If'" The recipient/payee provides services within the City of Boynton Beach; i!('" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ll/i'roper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: OJ -~-OPf By: ~~ City Manager ~-- S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05- 06.doc Page I or 1 Welsh, Pam From: Woody Hay [Whay@palmbeach.k12f1.us] Sent: Tuesday, September 08, 2009 11'33 AM To: Welsh, Pam Subject: Upcoming Activities Hi Pam, · Women Club on Fri 11/9 my wife & r will attend. · Children Museum on this Fri --- can not attend, r will be conducting a wedding ceremony. . What others am r missing?? Also, r understand r have $1,800 left in my discretionary fund; r would like to give $1,000 to the Children's Museum and $800 to the Women Club. Please see that these items get placed on the next agenda. Thanks... Vice Mayor Woodrow L. Hay (561) 436-8737 Q/RO!)!)Q Community Investment Funds Spent 2008/2009 VICE MAYOR HAY Total Organization Approved Amount Spent Date Hay 500 Boynton Beach H.S. Aerospace Program 10121/08 900 Boynton Beach H.S. Girls Basketball 10/21/08 500 PBC School Dist. Education Network T.E.N. 11/05/08 300 Boynton Beach CRA Concert 1/16/09 12/16/08 2,000 Heritage Awareness Celebration 04/07/09 500 Toussaint L'Ouverture High School for Arts/Social Justice 04/21/09 1,000 Boynton Hoops, Inc. 05/19/09 500 Poinciana Elementary Math/Science/Tech. Magnet School 06/16/09 1,000 Museum of Lifestyle & Fashion History 7/7/09 1,000 Education & Youth Advisory Board 7/7/09 1,000 Schoolhouse Children's Museum Pending 800 10,000 Boynton Woman's Club Pending VI.-CONSENT AGENDA ITEM L. ,......~yn:_C>". o' r- o'~ ,; -, "'- ""- . '_" 'r~~ . .... .;, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Pann Must be Commission Meetinl! Turned in to City Clerk's Turned in to Lellal Turned in to Procurement Dates Office 0 September 1, 2009 August 17, 2009 August 12, 2009 Au.ust 10, 2009 lEI September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009 0 October 6. 2009 September 14. 2009 SePtember 9, 2009 Seotember 7, 2009 0 October 20, 2009 OctPber 6, 2009 September 30, 2009 Sentember 28, 2009 0 AnnouncementsIPresentations 0 Citv Mana.er's Renort NATURE OF n Administrative 0 New Business AGENDA ITEM j)(J Consent Ae:enda 0 Legal 0 Code Comnliance & Lel!al Settlements 0 Unfinished Business 0 Public Hearinl! 0 RECOMMENDATION: Authorize the use of$I,500.00 to The Children's FundlHispanic Human Resources Council from Commissioner Rodriguez's Community Investment Fund. EXPLANATION: Commission approval Is requested for allocation of $1 ,500.00 to The Children's Fund to assist the Hispanic Human Resources Council to operate two child development centers in West Palm Beach. Both centers offer quality child care for low income, disadvantaged families and children at risk. PROGRAM IMPACT: A\1ocation offunds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. Department Head's Signature ity Manager's Signature ALTERNATIVES: Decline to authorize the requested use. Department Name S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: September 9, 2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $1,500 Recipient/Payee: The Children's Fund/Hispanic Human Resources Council Description of project, program, or activity to be funded: The Children's Fund assists HHRC to operate two child development centers in West Palm Beach. Both centers offer quality child care for low income, disadvantaged families and children at risk. Dated: 71'1lo? By: /'a-.-.- (J~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $2,100.00 has been used to date by the requesting Member, leaving a balance of available funds of $7,900.00. This request would bring the available amount down to $6,400.00. AccordinglYj ~ There are funds available as requested D There are insufficient funds available,an)y-!, [) () Dated: f,9.o~ By: 'M~d> Fmance Duector Part 111- Eligibility Evaluation (to be completed by City Manager) D The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City ./ofBoynton Beach and participation is open to all residents of the City; and I:l' Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. I Dated: ~ Cf -q~ ()~ By: ~# City Manager S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05- 06.doc Page I of I Welsh, Pam From: jreguez@aoLcom Sent: Tuesday, September 08, 2009 10:01 PM To: Welsh, Pam Subject: Hispanic Human resources Childrens Fund Pam, please apply $1500 of my community funds to this non-profit. You should have them on record as I've contributed to the children's fund in the past. Best, Jose 9/9/2009 Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ Amt Total Organization I Approved I Spent Date Rodriguez 1,000 Education & Youth Advisory Board 04/21109 I 850 Woman's Club 05/19/09 I I 250 Boynton Hoops, Inc. I 06/02/09 I 1,500 3,600 The Children's FundIHispanic HR Council Pending I I ~--~- ___L_~_ I . . HHRCinc.com Page 1 of 1 I Hspanic Ilulllan Hesources Council The Childrens Fund The Children's Fund, established in 1988, is one of HHRC's outstanclin!', projects. The dedicated Steering Committ€e strives to develop new and innovative funding alternatives to enhance present government funded programs. Currently, The Children's FUlld assists HHRC to opel'ate two child development centers in West Palm Beach. Both centers offer quality child care for low income. disadvantaged families and children at risk. Providing child care and development sen;ces to over :300 children ranging in age from infant to 5 years, HHRC ahw ensures each child receives a nntritious breakfast, lunch and afternoon snack on a daily basis. A large number of children have been referred by the State Department of Children and Families due to abuse, neglect or because they are considered to be 'at ris];'. Government funding is diminishing while the number of children reqniring help continues to grow. The need for private funding is profound. Therefore it is very important that assistance from the private scetor be obtained. Please take a moment to carefully c:onsidcl' this wortlnvhile project. http://www.hhrcinc.com/c fund. html 71l3/2007 11l~RCinc.c()m Page \if 1 Ilisp(lnic Ilumdll nesnurces ( nunc iI Our Vision and Mission IHPeslin9 in l'k'esenl uncl Fulurp {;encralions... Prooidinfj lVorld Class, Conlprehensive Services to enlpolocr Children and Families in the Conununit1J. HHRC has Ilnplementf'(l a variety of intergenerational, mulhculturai service programs which include Quality Child Care, Scniu!' Programs, Business and Economic Development, Atfurdabll' t{olls"ing, Ach'ocaey, Translatiun ~ Interpreter Servi('es, Employnwnt & Training, and lnfnfmation and Referral. HHRC operates two Child Development Centers serving uver :{=)l) children and hnnilies. Both e;cnters are Golrl. Seal Schouls accredited b\' the National Assuciation tor the Educatiun of Young Children (NAEYC) pruvicling qUillity child r:arp for lll\y income disadvant,u;ed familips, ;jJHj child1'€l1 nt risK. The children rant!.t' from infant to .'1 years old, (-IHRC' is a non-prniH ('lJlllll1lmily based Ilrganiza1ioIJ. P$tabJisheo ill lq~" to (I,1<11'es<..; thp social serdce needs of the c(nnmllnity :-md 10 inlJ\rm'l~ ('ll1tllrdl ;l\Vart-'DI':::",:; alld ll11r1er:;tanclio;l: ;tlll()ng tilt- l't~sjclt'nts (\r the L'ommunit\. HHRC is an Agency of the United Wav. ) 1.". ~;...... ~ ,_, .~~ .' 7'13."2\)(J: I-lHRCinc .com Page 1 of 1 IlisPdl1iC Ilulllan Hesollrces Council \\\.\''\/),,1/11(0 ,(, So :;", c. <1,' -:;l ~ HHR ~ 1l ~ "-t, (!-, 6~ACHC(j!} Contact Information HHRC is a non-prufit community based organizatirjl1, c'stablishcd in 1977 to i:,ddress the so{'i::tl Sf't'\ iec D0Ccls of the. eon.\rnunity and to improve cultural awareness and understanding among the residents of the community. Hispanic HUlnan Resources Council, Inc. 1427 S. Congress Ave. West Palm Beach, FL. 33406 (561) 641-7400 or (561)641-4198 .Jorge Avellana, Executive Director .Judy M, Pierman. Deputy Director For more information call: 56161]-7400 hrtn 1/"\\lW'JJ nnr('111C c0m/e()ntt='lrf ntml 7113/2007 \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM M. Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetinl! Turned in to Citv Clerk's Turned in to Lel!al Turned in to Procurement Dates Office D September I, 2009 Au.ust 17, 2009 August 12, 2009 August 10, 2009 [2J September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009 D October 6, 2009 SePtember 14, 2009 September 9, 2009 Seotember 7,2009 D October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009 D AnnouncementslPresentations D Cilv Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [2J Consent Agenda D Legal D Code Comoliance & Legal Settlements D Unfinished Business D Public Hearin!! D RECOMMENDATION: Authorize the use of$I,750,00 from Commissioner Rodriguez's Community Investment Fund to assist the Colonial Club Sections I and II with re-Iandscaping of Clubhouse and Pool, EXPLANATION: Commission approval is requested for allocation of$I,750,00 to assist the Colonial Club Sections I and II with re-Iandscaping the Clubhouse and Pool due to the devastation caused by Hurricane Wilma, PROGRAM IMPACT: Allocation of funds will assist the above organization, FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval, ALTERNATIVES: Decline to authorize the requested use, Department Head's Signature ~ Department Name City Manager's Signature Assistant to CityMar:~~ City Attorney / Finance S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 10,2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $1,750.00 RecipientlPayee: Colonial Club Section 1 and 1I Description of project, program, or activity to be funded: Assist Colonial Club Sections I and II to re-landscape areas around the Clubhouse and Pool due to Hurricane Wilrna. Dated: '110/07 . By: /~ CJ~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $3,600.00 has been used to date by the requesting Member, leaving a balance of available funds of $6,400.00. This request would bring the available amount down to $4,650,00. Accordingly;/" ~ There are funds available as requested [J There are insufficient funds availabl.e /)iJff~ Dated: q'/O.H By: ~ T Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) [J The proposed expenditure of funds will not result in improvement to private property; [J The recipient/payee provides services within the City of Boynton Beach; [J The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents ofthe City; and [J Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05- 06.doc Page 1 of 1 Welsh, Pam From: jreguez@aol.com Sent: Tuesday, September 08,20092:31 PM To: Welsh, Pam Subject: Fwd: Assitance with Landscaping Project see below $1750 for community funds... when is the last meeting to apply funds?? Best, Jose om-Original Message----- From: Kathy Bauer <kbauer2@mac.com> To: jreguez@ao1.com Sent: Tue, Sep 8, 2009 1 :05 pm Subject: Assitance with Landscaping Project Dear Mr. Rodriguez, In October of2005, Colonial Club Sections 1 and II were devastated by Hurricane Wilma. Many units in the complex were left severely damaged and some were uninhabitable. With our insurance proceeds as well as unit owner assessments, we were able to make most of the necessary repairs to our buildings and individual units. This reconstruction was a huge undertaking and took more than 3 years to complete. At present, we are working toward completion of the repairs and renovation of the last building, our Clubhouse. We have replaced the roof and had the Clubhouse painted but do not have adequate funds to complete any landscaping. Going forward, we plan to re-Iandscape areas around the Clubhouse and Pool are requesting any financial assistance you might be able to provide toward completion of this project. We appreciate your help and look forward to hearing from you in the near future. Our property manager, Sue Iorio, is in our Clubhouse from 10 AM to I PM Monday through Friday and may be reached at 561-364-9750 during those hours. Thank you for your assistance in this matter. Sincerely, Kathy Bauer, President, Colonial Club, Section I Mike Iodice, President, Colonial Club, Section II 9/8/2009 Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ Amt Total Organization Approved Spent Date Rodriguez 1,000 Education & Youth Advisory Board 04/21/09 850 Woman's Club 05/19/09 250 Boynton Hoops, Inc. 06/02/09 1,500 3,600 The Children's Fund/Hispanic HR Council Pending \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1n VI.-CONSENT AGENDA ITEM N. Requested City Date Final Form Must be Date Final Form Must be Date Final Pann Must be Commission Meetine Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement Dates Office [ September I, 2009 Au.ust 17, 2009 Au.ust 12. 2009 AIJ.ust 10, 2009 ~ SePtember 14,2009 Au.ust 31. 2009 Au.ust 26, 2009 August 24, 2009 D October 6, 2009 SePtember 14, 2009 September 9, 2009 Senterober 7, 2009 r I October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009 n AnnouncementsIPresentations D Cilv Mana.er's Report NATURE OF n Administrative D New Business AGENDA ITEM [2J Consent Agenda D Le.a1 D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$825.00 for the Community Caring Center, $825.00 for the Caridad Center from Commissioner Rodriguez's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of the following: . $825.00 for Community Caring Center to provide food and help with general expenses. . $825.00 for Caridad Center to assist all low income families for free health services. PROGRAM IMP ACT: Allocation of funds will assist the ahove centers. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000.00 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature Public Affairs Assistant to City Man~ City Attorney / Finance Department Name SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 10,2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $825.00 RecipientlPayee: Community Caring Center Description of project, program, or activity to be funded: Funds are to be used to provide food and help with general expenses for operating the facility. Dated: 9L/o, By:/~ lJ~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000,00. $8,350.00 has been used to date by the requesting Member, leaving a balance of available funds of $1,650.00. This request would bring the available amount down to $825.00. Accordingly: / ii' There are funds available as requested o There are insufficient funds availa~ )7~sr\? Dated: If/o.or BY:~ I Finance Director Part I1I- Eligibility Evaluation (to be completed by City Manager) Dated: ~ -/()- 0'7 .s;v"The proposed expenditure of funds will not result in improvement to private property; V'The recipient/payee provides services within the City of Boynton Beach; i/ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~roper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. ~~ City Manager By: --.:.. S:\City MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 10,2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $825,00 RecipientlPayee: Caridad Center Description of project, program, or activity to be funded: Allocation of funds will assist the above center to assist all low incorne families for free health services. Dated: 1 k) D<j By:/~CJ~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $9,175.00 has been used to date by the requesting Member, leaving a balance of available funds of $825.00. This request would bring the available amount down to $0. Accordingly: o o There are funds available as requested There are insufficient funds available as requested. Dated: By: Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Iil"'" The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and i4' Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: 9 -I V-CF? By: ( /1./\ ~~ager S:\City MgMdminislration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- oe.doc Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ Amt Total Organization Approved Spent Date Rodriguez 1,000 Education & Youth Advisory Board 04/21/09 850 Woman's Club 05/19/09 250 Boynton Hoops, Inc. 06/02/09 1,500 The Children's Fund/Hispanic HR Council Pending 1,750 Colonial Club Sections I and II Pending 1,500 Sterling Village Pending 1,500 Boynton Isles Pending 825 Community Caring Center Pending 825 10,000 Caridad Center Pending \ VI.-CONSENT AGENDA ITEM O. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI Requested City Date Final Ponn Must be Date Final Fonn Must be Date Pinal Form Must be Commission Meetinl! Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement Dates Office D September I, 2009 August 17, 2009 August 12, 2009 August 10, 2009 [2J September 14, 2009 August 31, 2009 August 26, 2009 August 24, 2009 D October 6, 2009 Seotember 14, 2009 Seotember 9, 2009 September 7, 2009 D October 20, 2009 October 6, 2009 September 30, 2009 September 28, 2009 D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM I:8J Consent A2enda D Legal D Code Comoliance & Le.al Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of $1 ,500.00 for Sterling Village HOA from Commissioner Rodriguez's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of $1 ,500.00 for Sterling Village to assist HOA with project to light up their main entrance, for safety and esthetic reasons on Federal Highway. PROGRAM IMPACT: Allocation of funds will assist the above HOA. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~C' 11' . Ity Manager's SIgnature Department Name AssistanttoCityMan~ City Attorney / Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 10, 2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $1,500 RecipientlPayee: Sterling Village HOA Description of project, program, or activity to be funded: Funds will assist Sterling Village HOA with project to light up their rnain entrance, for safety and esthetic reasons on Federal Highway. Dated: 'I ~/)/01 By:~t:J~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00. $6,850.00 has been used to date by the requesting Member, leaving a balance of available funds of $3,150.00. This request would bring the available amount down to $1,650.00, Accordingly: Q There are funds available as requested Q There are insufficient funds available as reques Dated: 9. JD. tJ9 . By: Part 111- Eligibility Evaluation (to be completed by City Manager) Q The proposed expenditure of funds will not result in improvement to private property; Q The recipient/payee provides services within the City of Boynton Beach; Q The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and Q Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-2006IBLANK FORM REVISED05- 06.doc Page 1 of 1 Welsh, Pam From: jreguez@aol.com Sent: Wednesday, September 09, 2009 11 :07 PM To: Welsh, Pam Subject: Fwd: please provide $1500 for Sterling Village. Best, Jose -----Original Message----- From: Sterling Village <sterlingcond@bellsouth.net> To: jreguez@ao1.com Sent: Wed, Sep 9, 2009 9:38 am To Jose, At the present time we desperately need to start a project to light up our main entrance, for safety and esthetic reasons on Federal Highway. The economic decline has had a major impact on our senior and our community. Any help you could give in these endeavors would be greatly appreciated by my self and all our residents. If you have any questions please contact me at 561-732-4155. Thank you. Sincerely, James Lynch, President Sterling Village Condo 500 S. Federal Hwy B.B, FL 33435 9/10/2009 Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ Amt Total Organization Approved Spent Date Rodriguez 1,000 Education & Youth Advisory Board 04/21/09 850 Woman's Club 05/19/09 250 Boynton Hoops, Inc. 06/02/09 1,500 The Children's FundlHispanic HR Council Pending 1,750 Colonial Club Sections I and II Pending 1,500 8,350 Sterling Village Pending \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\.l VI.-CONSENT AGENDA ITEM P. Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetine: Turned in to City Clerk's Turned in to Le2aI Turned in to Procurement Dates Office D September I, 2009 Awrust 17, 2009 August 12, 2009 Au""st 10, 2009 [2J September 14. 2009 Au.ust 31,2009 August 26. 2009 AU2ust 24, 2009 II October 6, 2009 Senternber 14,2009 SePtember 9, 2009 Sentember 7, 2009 D October 20. 2009 Octnber 6, 2009 Sentember 30, 2009 Sentember 28, 2009 AnnouncementsIPresentations NATURE OF AGENDA ITEM Ci Mana er's Re ort D Code Com liance & Le 01 Settlements D Public Hearin RECOMMENDATION: Authorize the use of$I,500.00 for the Boynton Isles Neighborhood Association from Connnissioner Rodriguez's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of $1 ,500.00 for the Boynton Isles Neighborhood Association to assist HOA in landscaping, repairinglrefacing the existing monument sign and new lighting. PROGRAM IMP ACT: Allocation of funds will assist the above HOA. FISCAL IMPACT: <Include Account Number where fuuds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. Department Head's Signature ~ City Manager's Signature AL TERN A TIVES: Decline to authorize the requested use. Department Name Background documents to Agenda Request: Exhibit A - Original Agenda Request from the September 18, 2007 Commission Meeting asking for authorization of $1 ,300 for the Boynton Isles Neighborhood Association for cleaning canal which is publicly owned from Vice Mayor Rodriguez's Community Investment Fund. S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Exhibit B - Minutes from the September 18, 2007 Commission Meeting authorizing the use of $1 ,300 for the Boynton Isles Neighborhood Association from Vice Mayor Rodriguez's Community Investment Fund. Exhibit C - Direct Payment Requisition for $1,300 to Boynton Isles Neighborhood Association and copy of check # 155603 to Boynton Isles. Exhibit D - Accountability letter and form to Boynton Isles stating that a check in the amount of$I,300 is enclosed and that the City Commission has a requirement of mandatory post expenditure reporting. Exhibit E - Original Agenda Request from the December 18,2007 Commission Meeting asking for reallocation of$I,300 for the Boynton Isles Neighborhood Association for landscaping, enttyway enhancement, and neighborhood entry sign repair/replacement. Exhibit F - Minutes from the December 18, 2007 Commission Meeting authorizing the reallocation of the $1,300 for Boynton Isles. Exhibit G - Documentation of conversation with Jeanne Wenzel asking if the Community Investments Funds could be used for something other than what was approved. Copy ofletter and accountability form Ms. Wenzel had requested. S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 10, 2009 Requested by Mayor/Commissioner: Commissioner Rodriguez Amount Requested: $1,500.00 RecipientlPayee: Boynton Isles Neighborhood Association Description of project, program, or activity to be funded: Funds will assist the above homeowners association with landscaping, repairing/ref acing the existing monument sign and new lighting. Dated: 7,f;,,/cJ'l By: ~~ c.Jd-l Part II-Availability offunds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000.00, $5,350.00 has been used to date by the requesting Member, leaving a balance of available funds of $4,650.00. This request would bring the available amount down to $3,150.00 Accordingly: o There are funds available as requested o There are insufficient funds available as re Dated:--'! . In. df By: Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and o Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 200S-20061BLANK FORM REVISED05- 06.doc Community Investment Funds Spent 2008/2009 COMMISSIONER RODRIGUEZ Amt Total Organization Approved Spent Date Rodriguez 1,000 Education & Youth Advisory Board 04/21/09 850 Woman's Club 05/19/09 250 Boynton Hoops, Inc. 06/02/09 1,500 The Children's PundlHispanic HR Council Pending 1,750 5,350 Colonial Club Sections I and 11 Pending Page 1 of 1 Welsh, Pam ......-.-..- .-----...... ......-.--.-...-.-..--. ---~"--~,--_.._-~---~- From: jreguez@aol.com Sent: Tuesday, September 08, 2009 9:58 PM To: Welsh, Pam Subject: Fwd: sign.. Attachments: Boynton Isles eRA App0001. pdf Pam, please apply $1500 from our my community funds towards the Boynton Isles Neighborhood association. Thanks.. Best, Jose -----Original Message----- From: Tami Laing <tamilaing@bellsouth,net> To: jreguez@aol.com Sent: Mon, Sep 7, 2009 4:04 pm Subject: RE: sign.. Jose, I hope u can help with this expense that we are incurring that will only go to beautify our community and the city. Let me know if you need anything else. The improvements are, of course, to include repairing/refacing the existing monument sign, new lighting and landscaping. Estimated cost approx $3000 - $4000 I'll be out of the office all day tomorrow. My cell ph #561-251-3865 or iphone email is ta l11i@p rQfle rmit~e ryifes. com Thank you. Tami 9/9/2009 iJl.,' ~~Y~Te~ C Iii East Side~West Side-Seas,de Renaissance 2008/2009 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (PI_ Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFROMA TION Name of Property Owner: Boynton Isles N.A., Inc. Address of Property Owner: c/o 937 Greenbriar Dr. City/State: Boynton Beach FL Zip Code: 33435 Phone # Day: 561-251-3865 Evening: 561-251-3865 Legal owners and legal description of the property to be improved (pIes.. attach copy of warranty deed and lease, "applicable): Boynton Isles f'lat 1& II Located @ Federal Hwy & Greenbriar Dr. If Different from Property Owner Name of Business: Address of Business: City/State: Zip Code: Phone # Day: Evening: Type of Business: Years of Operation: Community Improvement 2 Number of Employees: 30 I Velu.' Payroll: Number of Employees residing in Boynton Beach: o so PROGRAM GUIDELINES The following guidelines are Intended to inform a potential grant applicant of the extent and scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the extemal appearance of their business and to encourage businesses to invest in their operations. The result will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity In the target area. The following guidelines are applicable 10 this program: 1. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA). Note: See attached Fac;ade Grant Area Map. 2. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. 3. Eligible exterior improvements for this program include: . Painting . Shutters . Signage (located on the building or the property) . Awnings/canopies . Doorslwindows . Landscaping around the building . Irrigation . Parking lot re-paving, re-sealing, re-striping . Exterior Lighting . Patio or decks connected to the building . Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) . ADA Improvements 4. All work !!!.Yl! be in compliance with applicable Boynton Beach Building Codes and all contractors lm!I1 be licensed in Boynton Beach/Palm Beach County. If the Applicant(s), installs enhanced landscaping and or signage it must be in accordance with City Ordinance No. 98-43. 2 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: . Project work write-up(s) describing in detail the scope of the project, . Plans or sketches if applicable, . Site plan and plant list for landscape projects, . Third-party cost estimates from three (3) licensed contractors, . Estimated time line, . Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), . A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", . Signage design with colors & materials proposed if applicable, . Project color chips I material samples if applicable, . And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. I Witness (Date) (Property owner's signature must be notarized) Tenant/Business Owner (Date) Witness (Date) CRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH 5 BEFORE ME, an officer duly authorized by law to administer oaths and take ---'-::{.n nA .' I . \ acknowledgements, personally appeared 1I't"''1 j.JJ.-, h CJ ' who is personally known to me or produced p l. ~L.. as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of <=t ,200_. NOTARYPUBLlC_~ Q, t-k ...... \ A QO My Commission Expires: 9 - r;2- oc, NOTARY PUBLlC.sTATE OF FLORIDA """'"'''' Kimberly A, Heinkel iW1coDlmisslon #DD471098 ....~i Exj>ires: SEP. 12, 2009 ROND'Ej; THRU ,^TLANTIC BOND!NG co., me. 6 ., j.,E1)/ I~ crhf "-/r-: l,t p;N:f, ~TRIM,;JA!P ~ c; /U g,- > I" -fb-(] , , - .. .. . --r--. M'w' \. .. . . / P.EJ 9fT ----- .. - .. .. -fS: . . l!:;9. .. .. . B.OYNtON .. . j " , - .. / .. ......,.-. - . ISLES~~'~- ' . - .- ~. - .. - A Waterfront Community - .. .. "i - . .. .. , - . '.\~ .. .. .. - - .' . . .. - . , - ;f 0--0 ,oJ .. , --+ ,. ~r.~ ~m j /-8' ~ FRONT ELEVATION J'tPI"I-ISJ /JPl/jZwd, " ~-+- t:/Z.:t). af"lJVIt- SJ5AI tII,17FJI 7b ~w (ftJ6/1EWC~) /:8" t ... '1 ~ . .. , . .. .. '- .. .. . .. -'7 --- ~,' " .. , - .. .. - .. .. .. .. .. - . - .. - - , - - - .. .. .. .. .. .. . .. .. .. .. .. , .. .. . .. .. . - - .. I .. .. .. . .. 1 .. .. . .. . . - .. .. . .~. .. .. -~ .K .. , REAR ELEVATION SCHEME A Design Center Boynton Isles Proposed Landscape @ Entryway Monday, September 07, 2009 ..--,---., n~___ ~- 32-2 -, 49 49 4$ 49 / . 49 4$( 4$ 49 49 !!9 45 49 49 ,Xl!6 45 49 49 X25 49 X26 45 49 49 I .;,~' I /49 , X26 49 SO-5 49 I 49 49 /49 49 X26 I 49 49 49 49 49 49 49 X26 X26, X26 12 49 49 X26 , 49 --- 49 ;~~'().. .3;i; 49 X26 49 " 49 ". X26'- 49 X26 49 49 49 49 49 49 49 49 , X25 8-5 ". 4$ """"-. 4$ ". ;, "- 49 \, X26 '. 49 49 . X26 49 49 \ , 49 49 43 4 49 \ X26 , , 49 X26 49 49 49 49 50-5 49 49 X26 49 49 49 , X26 ! 49 43 43 X26 49 49 X26- , X25 X26 49 '~ '1' 49 X26' . 49 49 X25 X26 49 49 49 ~) 49 49 ,,/ 49 49 49 .. 41-1 ..~....~.._.....~._.__...._...~____ J VI.-CONSENT AGENDA ITEM S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM EXHIBIT A Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fioal Form Must be Turned Meetin2 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 I, 2007 (Noon 0 September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon) [gI 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 [gI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$I,300.00 for the Boynton Isles Neighborhood Association from Vice Mayor Rodriguez's Community 1nvestment Funds. EXPLANATION: Commission approval is requested for allocation of$I,300.00 for the Boynton Isles Neighborhood Association to assist HOA in cleaning canal which is publicly owned. PROGRAM IMPACT: Allocation of funds will assist the above HOA with the cleaning of the canal. FISCAL IMP ACT: <Include Acconnt Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities, Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature City Manager's Si nature Department Name Zt to City Manager . d~~ V'~ t. City Attomey / Finance S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 18,2007 Requested by Mayor/Commissioner: Vice Mayor Rodriguez Amount Requested: $1,300.00 RecipientlPayee: Boynton Isles Neighborhood Association Description of project, program, or activity to be funded: Allocation of funds will assist the above homeowners association in cleaning the canaL Dated: ~/J'B'/O? By: ~ &/1L..L Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation offunds available to the requesting Member of the Commission listed above is $15,000, $11,784 has been used to date by the requesting Member, leaving a balance of available funds of $3,216. This request would bring the available amount down to $1,916. Accordingly:/ .<;if There are funds available as requested o There are insufficient funds available as requested. Dated: q I IY!D'1 By: J. 4~ /1',. . --C ~a:ce Director Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: 17 The proposed expenditure of funds will not result in improvement to private property; B'" The recipient/payee provides services within the City of Boynton Beach; \-lOA. s' The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and fit'" Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. q-Ib-Ol BY:~ City Manager S:ICity MgMdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05- 06.doc September 17, 2007 Mr. Jose Rodriguez Vice-Mayor City of Boynton Beach 100 East Boynton Beach Blvd. 33435 Dear Mr. Rodriguez: We have identified a projects within the neighborhood and your district and are requesting your support. Homeowners who pay higher taxes to live on the water do not have 24/7/365 access to the water areas within three of our canals. These canals need to be dredged. At low tide there is less than six inches of water under some boats, and homowners are unable to get their boats off lifts unless the tide is high enough to get the needed clearance. The City contributes to the fill and problem by having water and sand run-off dumped into the canals. We recognize that you live in our neighborhood, but, where you live is not impacted by this condition so you will not benefit from any funds contributed to this project. Jeff Lis President, Boynton Isles Neighborhood Assoc. Bressner, Kurt From: Sent: To: Cc: Subject: Attachments: Livergood, Jeffrey Tuesday, September 18, 200711:02AM Bressner, Kurt Kelley, David Boynton Isles Canals Picture (Device Independent Bitmap) Kurt, Dave Kelley and I have researched two plats to try to determine ownership for the three finger canals in Boynton Isles. We found the following plats: 1. Boynton Isles, platted in 1957 2. Boynton Isles, Plat 2, platted in 1983 The 1957 plat clearly identifIeS that "the owner does dedicate also to the public, as public navigable waterways, the Canals as shown hereon." The 1983 plat is for a portion north of the northerly canal off Kenner 17th. This plat states that "Maintenance of the canal is the responsibility of the Homeowner's Association." The problem with this is that the canal referenced was not included in the plat boundary so this really has no validity. So, we must revert back to the 1957 plat of Boynton Isles. This plat, as noted, dedicated the canals to the public. This is very generic because the public can mean many entities. Interestingly, the plat was signed not only by the City but it also has a signature block for the Chairman of the Board of County Commissioners and a signature block for the County Engineer. Not sure if this correlates to County ownership or responsibility for canal maintenance. Dave noted to me that historically, the FDEP has assumed responsibility for navigable waterways and the Corps of Engineers controls the Intracoastal Waterway. The referenced canals tie into only the Intracoastal. Essentially, from an Engineering and Platting perspective, Dave and I are not quite sure which public agency is the beneficiary of the canal dedication in 1957. If one includes only those public agencies signatory to the plat, than by process of elimination then either the County or the City are the canal owners. It could very well be that the County signed this plat for this project located within the City for this very reason. County Commission minutes prior to 1999 are not on-line so I was unable to research those documents. I also researched City Commission meeting minutes. In 1973 there was discussion during public audience about canal maintenance and City responsibility with regard to same. Frank Kohl, then City Manager reported the following in the minutes: Mr. Kohl. said from a X'equest at a previous meeting when Counci~ asked him to detennine how manY homes were located on canals, he l.ea=ed there we1:'6 149 on La1<.e Eden, Go1fview Harbour, Mission Hill and Venetiat't Isle. There are appro~tely 65 homes maintained by Lake Worth Drainage District at GoJ.fView Harbour. He stated that in checking the plats, the ones that specifically list the streets, boulevards and canals dedicated to the City are Boynton Isles, Golfvj;ew Barbour First SeCtion, GoJ.fview Barbour Second Section, Venetian Isle, Addition No. 1 - Venetian Isle and Venetian Pa:t'k. It was noted that Chapel Hill was not included, J'\OZ' Big Bass Secticn of Go.lfview Harbour. I am not aware of Mr. Kohl's research that would lead him to believe that the Plat provided that the canals in Boynton Isles were dedicated to the City. Again, the plat states the canals were dedicated to the public with no definition of public since both the County and City signed the plat. "Public" in this context could also mean the larger government agency(s) controlling the Intracoastal Waterway. I believe it necessary to solicit a legal opinion. I am sorry I am neither able, nor qualified, to provide a more definitive position. I clearly know where engineering ends and law begins. Jeff Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561-742-6201 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Meeting Minutes Regular City Commission Boynton Beach, FL EXHIBIT B September 18, 2007 J. Authorize the use of $2,000 for MAD DADS of Greater Boynton Beach from Commissioner McKoy's Community Investment Funds, K. Authorize the use of $2,000 for the Boynton Regional Symphony Orchestra from Commissioner McKoy's Community Investment Funds. L. Authorize the use of $1,000 for the Boynton Beach High School from Commissioner McKoy's Community Investment Funds. M. Authorize the use of $1,300 for the Caridad Center from Vice Mayor Rodriguez's Community Investment Funds. N. Authorize the use of $1,000 for the CDC Peacemaker Youth Program from Vice Mayor Rodriguez's Community Investment Funds. O. Authorize the use of $584 for Save Old Boynton High from Vice Mayor Rodriguez's Community Investment Funds. P. Authorize the use of $1,300 for the Woman's Oub from Vice Mayor Rodriguez's Community Investment Funds. Q. Authorize the use of $1,300 for the Poinciana Elementary School Observatory Fund from Vice Mayor Rodriguez's Community Investment Funds. R. Authorize the use of $1,300 for the Boynton Beach High School from Vice Mayor Rodriguez's Community Investment Funds. S. Authorize the use of $1,300 for the .. Neighborhood Association from Vice Mayor Rodriguez's Community Investment Funds. Motion Commissioner McKoy moved to approve the Consent Agenda with modification. Commissioner McCray seconded the motion. The motion passed unanimously. VI.D. Approve the updated Library Long Range Plan for 2007-2010. Commissioner McCray requested the Library Director give an overview of the plan. Craig Clark, Library Director, explained the long range plan is a three year rolling plan updated each year as required for grant applications. It provides staff a road map or guide to provide the quality of services to the community. It is the basis of the annual goals and objectives. Motion Commissioner McCray moved to approve Item VI.D. Commissioner Weiland seconded the motion. The motion passed unanimously. 9 [7] RETURN CHF~K TO DEPT. CM Office CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION EXHIBIT C Please issue a check in the amount of $1,30000 TO: Boynton Isles Neighborhood Association 936 Brookdale Drive Boynton Beach, Florida 33435 FOR: Community Investment Funds $1,300.00 from Vice Mayor Rodriguez's fund. Commission approved 9/18/07 Requested By' City Manager Date: 09/19/07 Approvals: Finance Dept. J / --t"~ FUND DEPT BASIC ELE OBJ AMOUNT 001 1110 511 95 47 1,300.00 1,300.00 Div Head City Manager <<>{ ,\( . ~. . 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 BankofAmerica '" ~~ 63.4/630 ~ CHECK NO.: 155603 CITY OF BOYNTON BEACH DATE: 09/21/:2007 AMOUNT $******1,300.00 PAY ONE THOUSAND THPEE HUNDRED AND 00/100 DOLLARS ************************ VOID AFTER 60 DA YS PA Y TO THE OROER OF BOYNTON ISLES NEIGHBORHOOD ASSOC 936 BROOKDALE DR BOYNTON BEACH FL 33435 :(), "'00 l. 5 5 bo :1'" ':0 b :10000 t. 7': l. b l. l. 7 5:1 20 b'" CITY OF BOYNTON BEACH BOYNTON ISLES NEIGHBORHOOD ASSOC CHECK NO: 155603 DATE INVOICE NUMBER DESCRIPTION AMOUNT 09/19/2007 INV91907 DONATION 1300.00 I " I i BOYNTON ISLES NEIGHBORHOOD ASSOC 3694 TOTAL $****1,300.00 I CITY OF BOYNTON BEACH THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE IF NOT CORRECT PLEASE NOTIFY us PROMPTLY AT 561-742.6320. EXHIBIT D The City of Boynton Beach ~\~''!.O''. \ III J:r o CJ ~. - f?" "'~ 0~ -ON OFF/( '/~' Of<' 7'/U,' ('IT}" .-11, LV. 1 U/C:N ]()(J h'. JJ())'.\'1'O.V Uh'.1 f 'II ]JO{ >LH\ .IU/) J~. O. !JOX :J]() 1J() L'V1'{) v iJJ..,: l( 'II. "'J..()UlI ),'1 :J:J-.J-:!;"'j-(}:J]O ('J?'}' .U..LV.Ifr'J'-"U'..... ()[<'j<'j('J'.,': Cia]) 74:!-(;()J() J<:,lX: (.-;(fJ) 7-1-:!-{ifjJ 1 j'.,'-:H.l/J.,; uu/,.:.....'.....'.'.l}'.,'Ufl((('( 'J.110) ',\"}'( JS- /Jh'.'ll 'fl, i"L l ','-t' 11'11'11. IJ()} 'S'J'O:V-JJI,.'.l ( 'II. {)/U; September 24, 2007 Boynton Isles Neighborhood Association 936 Brookdale Drive Boynton Beach, Florida 33435 Attn: Jeff Las, President HOA Dear Mr. Las: Attached please find a check in the amount of $1,300.00 from Vice Mayor Rodriguez's Community Investment Funds for cleaning of the canal in Boynton Isles Neighborhood Association. The City Commission approved a requirement of mandatory post expenditure reporting for all organizations/grantees that have received discretionary funds. This will ensure accountability and proper usage of donated funds. Failure to adhere to this requirement may result in your not receiving future funding. Please fill out the attached form and return in the enclosed envelope and return to Pam Welsh, City Manager's Office, City of Boynton Beach, P.O. Box 310, Boynton Beach, Florida 33425-0310. If you have any questions concerning this new requirement for receiving discretionary funding, please do not hesitate to contact me. Thank you for your assistance. Sincerely, <~~t~, Kurt Bressner City Manager ~.UIERII~.J. 's UATEW.J. r TO THE GfTFSTHK.J.JI CITY OF BOYNTON BEACH DISCRETIONARY FUNDS ACCOUNTABILITY FORM Orgamzation Name: Boynton Isles Neighborhood Association Amount Received: $1,300.00 (September 2007) Program/Event: Program/Event Date: Number of Boynton Residents Attended: Describe How Discretionary Funds Were Used: Please return this form in the enclosed envelope as soon as possible. ~~'~~O\ r.' t 1ll '~ o . ~ - u " <r 'V]'- o..~ ON v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina1 Form Must be Turned Request~ City Commission Meetine.Oates in to Citv Clerk's Office MectinllDates [::;:;] December 18. 2007 December 3, 2007 (Noon) 0 February 19, 2008 0 January 2. 2008 December] 7.2007 (Noon) 0 March 4, 2008 0 Janual)' ] 5, 2008 December31,2007 (Noon) 0 March 18,2008 0 Febru8l)' 5. 2008 January 14,2008 (Noon) 0 Aprilt.2008 VI.-CONSENT AGENDA TT~M ~ EXHIBIT E Date Final Form Must be Turned in to Citv Clerk's Office February 4,2008 (Noon) c:' February 19, 2008 (NOo~ ,.." March 3, 2008 (Noon) c'J I to) March 17, 2008 (Noon ~ .., -..'- , , '1 .- "J .., , ~ ., : J 1 0 Announcements/Presentations 0 City Manager's Report 0 NATURE OF 0 Administrative 0 New Business AGENDA ITEM [::;:;] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 .> I' ;:-) RECOMMENDA TlON: Authorize the reallocation of $1,300,00 for the Boynton Isles Neighborhood Association from Vice Mayor Rodriguez's Community Investment Funds, EXPLANA TION: Commission approval is requested for the reallocation of$l ,300.00 for the Boynton Isles Neighborhood Association to assist the HOA for landscaping, entryway enhancement, and neighborhood entry sign repair/replacement vs. canal cleaning which $1 ,300,00 was previously approved by Commission on 9/\8107 for fiscal year 2006/2007. PROGRAM IMPACT: Reallocation offunds will assist the above HOA. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities, Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. These funds have been previously approved and no new funds are requested, ALTERNATIVES: Decline to authorize the reallocation of these funds, ~1f. ~ - partment Head's Signature ~~ City Manager's Signature ~ ~~} ~~.) epartmen me cfl Assistant to City Manager -<Ie V~ City Attorney / Finance S\~ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY I"IVESTMENT FUND DISBURSE'VIENT REQLiEST FORM Part 1- Surnmllry of Request [)ate 01" Requcst September 18.2007 Requested by Mayor/Commissioner: Vice Mayor Rodriguez Amount Requested: $1.300.0U Recipient/Payee: Boynton Isles Neighborhuod Assuciation Description of project. program, or activity to be funded: Allocation of funds will assist the abuve homeowners association in cleaning the canal. Dated " I, f{ lu ') '7 I ~ /J By: ..'~ (A/~../'- Part II-A,'ailability of funds (to be completed by the Finance Director) The arumal appropriation of funds available to the requesting Member of the Commission listed above is $15,000. $11,784 has been used to date by the requesting Member, leaving a balance of available funds of $3,216. This request would bring the available amount down to $\,916. Accordingly: , I<l"" There are funds available as requested !J There are insufficient funds available as requested. Dated: q I /y!tJ/ By: ~ M-/ec 1/". .-< inance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Dated. 1;;1" The proposed expenditure of funds will not result in improvement to private propel1y; Er~ The recipient/payee provides services within the City of Boynton Beach: \-IC"" if The project. program or activity which is being funded will occur In the City of Boynton Beach and participation is open to all residents of the City: and ;J'" Proper safeguards will be implemented to assure that the public funds being appropriated \"ill be used fell' the stated purpose. I I /'j (i -\ l. l ') By J:v,j-J2I.....rC.-, Cit~ \'lanager S 'Diy r;grAdm'o"tcatlon},ll\ YORCOM\COMMIJ"IiTY iNVESn....ENT 2005.2006,BLA'IK FORr~ REVISED05. 06 de: Page 1 of 1 Welsh, Pam From: Jeff Lis [Jeff.Lis@stiles.com] Sent: Thursday, November 29,20071:20 PM To: Welsh, Pam Cc: jreguez@aol.com; Jay Laing; Jeanne Wenzel Subject: Vice Mayor Rodriguez Community Investment Funds We are in receipt of check in the amount of $1 ,300 from Vice Mayor's account. At a recent neighborhood meeting the question was asked whether or not these funds could be used for landscaping, entryway enhancement, neighborhood entry sign repair/replacement vs. canal cieaning...specifically given that $1,300 wili not accomplish canal cleaning to the benefit of all residents, whereas the items mentioned would. Please let me know ASAP what needs to be done to convert the use of these funds. At this time I am holding the check waiting for a determination. Jeff Lis President Boynton Isles Neighborhood Association The information in this email and any attachments are confidential and maybe legally privileged. It is intended solely for the addressee(s). Access to anyone else is unauthorized. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If this message has been sent to you in error, do not review, disseminate, distribute or copy it. If you are not the intended recipient, please delete this email. 11/29/2007 Meeting Minutes Regular City Commission Boynton Beach, FL EXHIBIT F December 18, 2007 5. Approve a contract with Urban Building Systems, Inc. of Palm City, FL for Bid #071-2412-07/JA "FIRE RESCUE STATION NO.5 AND EMERGENCY OPERATIONS CENTER", in an amount not to exceed $9,993,500 without further City Commission approval. (Proposed Resolution No. R07-145) Vice Mayor Rodriguez pulled Item VI.B.5. for discussion. C. Resolutions 1. Proposed Resolution No. R07-146 RE: Approving and authorizing execution of Task Order No. U07-17-3 with SFRN, Inc. for the preparation of a Stormwater Operation and Maintenance Manual in the amount of $38,322 from the Utilities OP budget. 2. Proposed Resolution No. R07-147 RE: Approving and authorizing execution of an agreement with The Professional Medica! Career Center to serve as a field training site for their Paramedic and Emergency Medical Technician (EMT) programs. 3. Proposed Resolution No. R07-148 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Umits with Happy Birthday, LLC, for the property at 1162 Highview Rd., Lantana, FL (Ridge Grove Add No 1 Lots 176). Commissioner Hay pulled Item VI.C.3. for discussion. 4. Proposed Resolution No. R07-149 RE: Approving and authorizing execution of Amendment No. 1 to Task Order U07-10-05, Kimley-Hom and Associates, Inc. in the amount of $60,133.12 providing for the completion of construction documents, permitting, bidding and construction phase services. Vice Mayor Rodriguez pulled Item VI.CA. for discussion. 5. Proposed Resolution No. R07-150 RE: Approving and adopting a Travel Policy for the Boynton Beach City Commission similar to a recently adopted policy for the CRA Board. Commissioner Hay pulled Item VI.C.5. for discussion. D. Approve the "PENINSULA, a IPUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Survey and Mapper). E. Authorize the reallocation of $1,300 for the _ Neighborhood Association from Vice Mayor Rodriguez's Community Investment Funds. Commissioner Hay pulled Item VI.E. for discussion. 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 VI.C.3. Proposed Resolution No. R07-148 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Happy Birthday, LLC, for the property at 1162 Highview Rd., Lantana, FL (Ridge Grove Add No 1 Lots 176). Commissioner Hay questioned the requirement to provide water in the service area. Mr. Bressner responded the water service area had been outlined in the agreement with the South Florida Water Management District. There is a 2S% surcharge on the water rates outside the Boynton Beach City limits. The parties also agree to annexation if the property becomes contiguous to the City limits and annexation is sought. Motion Commissioner Hay moved to approve Proposed Resolution No.R07-148. Commissioner Weiland seconded the motion. The motion passed unanimously. VLC.4. Proposed Resolution No. R07-149 RE: Approving and authorizing execution of Amendment No.1 to Task Order U07-1o-0S, Kimley- Horn and Associates, Inc. in the amount of $60,133.12 providing for the completion of construction documents, permitting, bidding and construction phase services. Vice Mayor Rodriguez questioned why the expense would not be borne by the developer/owner. Mr. Bressner replied the utility lines were pre-existing and would continue to be maintained by the City. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-149. Commissioner Hay seconded the motion. The motion passed unanimously. VLC.S. Proposed Resolution No. R07-150 RE: Approving and adopting a Travel Policy for the Boynton Beach City Commission similar to a recently adopted policy for the CRA Board. Commissioner Hay inquired if emergency travel could be accommodated within the parameters of the proposed Resolution. The Cl:IffeFlt ",raeesl:Ire was al:ltliFles fer itefRs ta a",,,,ear all ti'le agellsa fer Cammissiall a",,,,reval. There was agreement the City Manager could approve the expense and bring the item before the Commission after the fact. It was decided the City Manager and Finance Director signature would not be required on the request form. The Oty Manager would only sign the agenda cover sheet. Motion Commissioner Hay moved to approve Proposed Resolution No. R07-1S0 with modification. Commissioner Ross seconded the motion. The motion passed unanimously. VLE. Authorize the reallocation of $1,300 for the .. Neighborhood Association from Vice Mayor Rodriguez's Community Investment Funds. 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Commissioner Hay requested a copy of the written guidelines for donations and Mr. Bressner agreed to provide both new Commissioners with the final version of the terms. Motion Commissioner Hay moved to approve Item VI.E. Commissioner Ross seconded the motion. The motion passed unanimously. VJ.F. Approve renaming of Wilson Pool in honor of Mr. John Denson, original lifeguard and swim instructor at Wilson Pool. Wally Majors, Director of Recreation and Parks, presented a tribute to John Denson for his many years of dedication and service at the Wilson Pool. Mack McCray, former Commissioner, recalled his interaction with Mr. Denson as one his first students and agreed the recognition was long overdue. A plaque was presented to Mr. Denson and Mr. Majors invited everyone to attend the grand opening of the John Denson Pool and Sims Center at Wilson Parle Olivia Denson thanked the Oty and the past and present Commission, on behalf of her husband, for the recognition and honor, She indicated her husband was overly rejoicing with the tribute in his name. Motion Vice Mayor Rodriguez moved to approve Item VI.F. Commissioner Weiland seconded the motion. The motion passed unanimously. Vl.G. Authorize the City Administration to proceed with taking all actions necessary to prepare for the implementation of the fire services special assessment for fiscal year 2008-09 and beyond in the event the City Commission ultimately determines to levy such assessment during the budget review and adoption process for the next fiscal year. Vice Mayor Rodriguez confirmed budget year 2007-2008 was the last year of the current assessment. Mr. Bressner concurred and explained in light of the uncertainty of future revenues, reauthorization notification had to be started if the assessment would be necessary in the 2008-2009 budget. Motion Commissioner Ross moved to approve Item VJ.G. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE It LEGAL SElTLEMENTS: None VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 9 EXHIBIT G May 19, 2008 Spoke with Jeanne Wenzel today regarding the $1300 from Vice Mayor Rodriguez's CIF approved at the 12/18/07 Commission meeting. This was a reallocation of funds from 9/18/07 for fiscal year 2006/2007. Ms. Wenzel wanted to know if Boynton Isles Neighborhood Association could use the funds allocated for something other than what was approved. 1 told her the funds had to be used for what was stated on request form and the Accountability Form had to be completed and returned to the City Manager's Office on how those funds were used. I sent Ms. Wenzel a copy ofthe Accountability Form and letter. i The City of Boynton Beach . ....~,_,(.'f.';,~ .....'... . , , i " , ':r w\ i:-. /(; 0, /9' j-...... --- '" I\-7'ON e. O};'Ff( 'if..' OJ<' 'J'IIJ!.,' ('IT)" ./\1, L\/,1 (;j,:U ]()() J;.'. JJO }'S'1'().V /J/!,'.l ('II }JOt "J"J..'\ '.\NJJ P,O. /JOX ;UO IJOLV'l'OS JJh:t(.'Il, J"J"O/U/)A :J:/..j2:;..(}:J]iJ (Try !U/LVLtG/I..'N'S O}I'j"J('l,-,'; (.,(il) 742-NO]O I<:,L\'; (Sfll) 7-/.:!-6'O!1 f..'-ALtJ/.; /J1({'.:S....,'_V/::UIl@('J.JJOLV'P().\,'- /lIt:.. ('11. J;'L ( ..'.... WWJj ,JJ()} "_V'1YJS-JJJ..:,l ('JIJJJ.!(; September 24, 2007 Boynton Isles Neighborhood Association 936 Brookdale Drive Boynton Beach, Florida 33435 Attn: Jeff Las, President HOA Dear Mr. Las: Attached please find a check in the amount of $1,300.00 from Vice Mayor Rodriguez's Community Investment Funds for cleaning of the canal in Boynton Isles Neighborhood Association. The City Commission approved a requirement of mandatory post expenditure reporting for all organizations/grantees that have received discretionary funds. This will ensure accountability and proper usage of donated funds. Failure to adhere to this requirement may result in your not receiving future funding. Please fill out the attached form and return in the enclosed envelope and return to Pam Welsh, City Manager's Office, City of Boynton Beach, P.O. Box 310, Boynton Beach, Florida 33425-0310. If you have any questions concerning this new requirement for receiving discretionary funding, please do not hesitate to contact me. Thank you for your assistance. Sincerely, i~<y$-l Kurt Bressner City Manager ,.BIERIC'A '8 OATEn~l r TO THE G[rLFSTRE,.BI CITY OF BOYNTON BEACH DISCRETIONARY FUNDS ACCOUNT ABILITY FORM Organization Name: Boynton Isles Neighborhood Association Amount Received: $1,300.00 (September 2007) Program/Event: Program/Event Date: Number of Boynton Residents Attended: Describe How Discretionary Funds Were Used: Please return this form in the enclosed envelope as soon as possible. (?! ,,~..,;, VII.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetin12: Turned in to City Clerk's Turned in to Leeal Turned in to Procurement Dates Office 0 Seotember I, 2009 August 17, 2009 Au.ust 12, 2009 Awrust 10, 2009 X Sentember l!l 2009 August 31, 2009 August 26, 2009 Auoust 24, 2009 0 0 0 Announcements/Presentations 0 Citv Mana.e,'s Reoor! NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Le.al - -- X Code Comoliance & Lellal Settlements 0 Unfinished Business I.D -i- - 0 Public Hearimz 0 C .. m n .. Jimmy Gray v, City of Boynton Beach Defense Counsel: Michael Burke, Johnson Anselmo.. . Plaintiff Connsel: Seth Pachter, Steinger Iscoe & Greene N ;7io .::.- ~~. ::::i :::- u)-' ::J: C ox: <;? ,., RECOMMENDATION: Approve negotiated settlement agreement in the amount of$16,OOO. ~ w~ EXPLANATION: On July 5, 2005, Public Works/Solid Waste employee driver rear.ended plaintiff while stoppe~t the .~ intersection of Golf Road and Congress Ave. Plaintiff suffered injuries to his back and neck. Current medicals are in excess of$37,000. Medicals are ongoing. PROGRAM IMP ACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses #522-1710-519.49.21, Self- Insured Losses, line item budgeted for claims payments for automobile liability self-insured losses.. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $50,000. Defense trial legal costs are estimated at $20,000. u"-~ ~~( '~~ City anager's Signature J.../ Assistant to City Manager '-:i>~ ~t/;;i City Attorney mance RISK MANAGEMENT Department Name CJM/ClaimgVGrayJO I.dot S:\BULLETtNIFORMS\AGENDA ITEM REQUEST FORM. DOC The City of Boyntoll Beach. Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressncr City Manager TURU: Lori Laverierre Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: August 24, 2009 Jean Lopane v, City of Boynton Beach Date of Loss: July 5, 2005 Risk Management recommends the City Commission ratify the: in the above stated manner. SUBJECT: RESERVES: Indemnity: $ 25,000 X Settlement _ Judgement Expenses: $ 10.0UU Final: $ 16.500 Final: $ lli,OOO Demand: Original: $ 100,000 Offer: Original: S 4,000 ~ SETTLEMENT: $ 16,500 NOTE: This settlement is the compromise of a claim for damage~... Payment by the City is not to be construed. ill any way. as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment .Fees: $ 1,IiRO Current Legal Fees: S 11,614 $ 50,000 JUDGEMENT: $- Current Adjustment Fees: $ - Cnrrent Legal Fees: , - CASE NARRATIVE: On July 5,2005, Public Works/Solid Waste employee driver rear-ended plaintitfwhile stopped at the intersection of Golf Road and Congress Ave. Plaintiff suffered injurics to his back and neck. CUlTent medicals are in excess of $37,000. Medicals are ongoing. Cjrn/ClaimgVGrayJ02.doc Judicial Circuit: I ~ - ~:;l 'f1~ Case #: .;0 ~oO cx) N:/.. Ail- JVlediator: Robert J. Ponzan, (561) 340-3500 Cell: (954) 684-8994 SETILEMENT AGREEMENT Case Style: ---.J; JNl""j (,.,-r. I VS, C'7 of GojVJ+nn 8(>-*(1" This case was mediated on V lJJ 2009 and is settled under the following tenns which the parties agree are binding, enforceable, and constitute their full agreement: 1) The defendant or the insurance carrier on Defendant's behalf will pay the sum of $ j C;) O(JO , payable to plaintiff(s) and plaintiffs counsel's trust account (FEIN# ("F) - 0 7 ~ 3 ~ .~ 7 ) in exchange for a complete release of all claims arising out of this action, and satisfaction of all related claims and liens, including medical claims and liens and attorney charging liens. Upon receipt of payment, plaintiff counsel shall file a dismissal with prejudice/stipulation if suit has been filed. Ifthere are multiple defendants making payments, then the total settlement amount will be paid in the following fashion: /' / / / / ./' /' / / // 2) Parties shall bear their own costs and fees unless stated otherwise below. 3) Payor shall tender closing documents to Plaintiff's couusel within five days from the date of this agreement and , shall have 20 days from receipt of the executed documents to tender payment. Plaintiff(s) authorize and Plaintiff counsel agrees to hold all settlement funds in trust until fully executed closing documents have been returned to defense counselor the carrier. 4) The Mediator is the mere scrivener of this agreement, and all tenns are solely those of the parties. 5) ot k C + ~ ~ooq hj ~ CoM""(~>'6i1 k H,:S vee-.I?'>t ,'S /);;/ld(( ~A.~ ,~(~ 'J . J 0 /}fL~D"I~ alf of Defendant or insurer Defense Counsel ~."'.. '.- , - . i, r., '.' -.. . . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM A. Requested City Date Final Form Must be Date Final Form Must be Date Final Form Musese Sj ~' Commission MeetinQ Turned in to City Clerk's Turned in to Lel!al Turned in to Procure111f)}t -<i. ,d; Dates Office J> "" 0 September 1, 2009 Auoust 17, 2009 August 12, 2009 Auoust 10, 2009 en :~.) .." N , "'" m C IZl September 14, 2009 August 31, 2009 AU\!Ust 26, 2009 AUl!\lst 24, 2009 <.n ::0 ,:;; J> .1"':. 0 ..... - g 0 '" i:.o.. 0 0 ~ .;t ~ 0 Announcements/Presentations 0 City Manaoer's Renort NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Leoal 0 Code Compliance & Legal Senlements 0 Unfinished Business IZl Public Hearing 0 RECOMMENDATION: Please place this request on the September 14, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on August 25, 2009, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandwn No. 09.054. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Casa del Mar (SPTE 09-010) Bonnie Miskel of siegel, Lipman, Dunay, Shepard, & Miskel, LLP Lancore Nursery, LLC 2632 North Federal Highway Request for a third year site plan time extension for a new site plan (NWSP 06-015) and height exception (HTEX 06-007) approved on July 18, 2006, thereby further extending site plan and height exception approval including concurrency certification from July 18, 2009 to July 18, 2010. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: <~<-o-~_ City anager's Signature Assistant to City Manager c.J~ Developme lrector City Attorney I Finance S\Casa del Mar\SPTE 09~010\Agenda Item Request Casa del Mar SPTE 09-010 9-14-09.doc S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 09-054 Chair and Members Planning & Development Board ll'f ./ Michael Rumpf~ Director of Planning and Zoning Ed Breese ~ Principal Planner August 6, 2009 Casa del Mar (SPTE 09-010) Site Plan Time Extension Property Owner: Applicant / Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Landcore Nursery, LLC Bonnie Miskel of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP 2632 North Federal Highway (see Location Map - Exhibit "AU) 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 several single-family residences designated Low Density Residential (LDR) and zoned Single-Family Residential (R- 1AA), To the southeast, is developed commercial property designated Locai Retail Commercial (LRC) and zoned Community Commercial (C-3); The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right- Page 2 Memorandum No, PZ 09-054 Casa del Mar SPTE 09-010 of-way for Lake Drive, and vacant single-family lots 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, agent for Landcore Nursery, LLC (property owner), is requesting a third one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height Exception (HTEX 06-007), which were approved by the City Commission on July 18, 2006, The first one (1) year time extension was approved at the September 4, 2007 Commission meeting, and the second at the November 18, 2008 meeting, If this request for a one (l)-year time extension were approved, the expiration date of the approvals, including concurrency certification wouid be extended to July 18, 2010. 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 du/ac) 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); a Height Exception (HTEX 06-007); and previous Site Plan lime Extensions (SPTE 07- 009 & SPTE 08-009), The original site plan depicts 42 townhouse units within 11 separate buildings consisting of three (3) to four (4) units each, A four-story, 40 unit condominium building with an under-story parking garage is proposed on the east portion of the subject property, 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, As noted earlier, 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, The completion of the Peninsula project appears to have stalled, with no construction activity occurring on site, 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 Page 3 Memorandum No, PZ 09-054 Casa del Mar SPTE 09-010 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 16, 2009, a few days prior to the expiration date of the site plan (see Exhibit "C"), According to the justification submitted, the applicant listed the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) obtained a Statewide Programmatic General Permit (SPGP); (2) filed a joint application with the South Florida Water Management District (SFWMD) and Army Corps of Engineers (ACOE) for a State Environmental Resource Permit (ERP) to allow dredging and filling within the Intracoastal Waterway (3) responded to agencies requests for additional information, met with the agencies, and expect State Sovereign Lands Review to be complete within the next six (6) months, The applicant has continually acknowledged that the state review process is lengthy and obtaining permits for this location requires the review of several state agencies, and that they continue to work with these agencies on receipt of necessary permits, According to the applicant, they intend to begin the City's permit application process upon receipt of permits from all agencies. The applicant also notes that the demand for residential market began to flatten about the time of their site plan approval and has continued to decline, As additional justification for the delay in the project, the applicant states, "With the recent economic situation, the ability to obtain funding for the residential project has diminished. There are no banks that are currently lending money for the development of multi-family residential developments". The applicant goes on to say, "Further, buyers are not able to obtain financing for acquisition purposes", Due to the residential market downturn, the applicant has been exploring other options available for the development of the property, The applicant is currently looking at the potential for a water-based operation, such as a marina, with wet slips and dry storage, The use of the property for water-based activities is supported by Comprehensive Plan policies and the close proximity to the marina operation just to the north of the Peninsula project and the north city boundary, A preliminary submittal has been made to staff, but is undergoing refinement. The applicant is looking to retain the current approvals until it is determined if the marina plan will move forward in the review process to ultimate development order, Should the marina concept receive approval, the new site plan would replace the residential project and associated time extension, A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements, The Palm Beach County Traffic Division approved the original traffic study for the Casa del Mar project for a total of 82 proposed residential units, based upon a determination that the project is located within the Coastal Residential Exception Area of Palm Beach County, This exempts residential units from traffic concurrency requirements, meeting the Traffic Performance Standards of Palm Beach County, However, since no building permits were to be issued after the build-out date of 2008, the applicant will be required to submit an updated traffic concurrency approval letter from Palm Beach County, As for utilities, records indicate the utility reservation fee is due, Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward, 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 09-054 Casa del Mar SPTE 09-010 SUMMARYI RECOMMENDATION Staff recommends approval of this request for a third one (l)-year time extension of the site plan (NWSP 06-015) and height exception (HTEX 06-007) for the Casa del Mar project, If these requests for extension were approved, the expiration, including concurrency certification, would be extended to July 18, 2010, If these requests for extension are approved, all outstanding conditions from the original approvals 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\PROJECfS\Casa del Mar\SPTE 09-010\Staff Report,doc Exhibit "A" - Site Location Map Casa del Mar -- 12562.5 0 125 250 375 500 ~_ 'Feet , w.' I \ \\\ \' , I I ~! \ i' \ ; II . I -~ I ~ ~~ \H~, \ ~~\\ n~ li~U ~~: ~l ~i ... . \ i \ ~ I '\ ',!!'" I' ,;~ \ Casa del Mar PREPARED FOR LANCoRE NURSERY em' OF BO'fflToN SEA-C\{, r;. \ LAND. DESIGN SOUTH )IIIldlI~,,--+I("--'(llIIlIIIlII$ 5 lEe EL Li IJ M /\ N. DUN A Y SHE f' A R D ,0" 1 v11 S K E L LL P EXHIBIT C GARY S DUNAY KENNETH W LIPMAN 80NNIE MtSKEL JONATHAN L. SHEPARD CARL E. SIEGeL THE PLAZA' SUITE eo I 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 '.561) 3e6-77'=>O FA.X (56\) 3ee-9274 WWW.SLDSMLAW.COM SCOTT BACKMAN LINDA B. LYMAN ,i>} ie? I"" is ;, \," i2' I-D', 1.,.;""0 1.$ ,~~ ~;;.-;, \j (':f !5, ,....l. JUL i b 2009 July 16, 2009 ?LAN!f,jlhIG ""role; Z()~'~E'NC:.:: DE,F'T Mike Rumpf, Director Planning & Zoning City of Boynton 8each P.O, Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Casa Del Mar ("Project") Dear Mr, Rumpf: On behalf of my client, Lancore Nursery, LLC ("Petitioner"), this letter is a formal request for a time extension for the approved Casa Del Mar ("Project") (NWSP # 06-015) located on North Federal Highway ("Property"), This Project was approved for the development of 82 condominium units on a 4.11 acre parcel in the Infill Planned Unit Development (IPUD) zoning district. This Project was originally approved on July 18, 2006 and subsequently received two one-year time extensions. The new expiration date of the site plan is July 18, 2009. We respectfully request an extension of one year to July 18, 2010. At the time of the last time extension request the Petitioner had provided a timeline for the steps taken thus far to receive appropriate approvals prior to filing for a building permit with the City. That timeline 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 1 Authorization to use State owned submerged lands / Federal dredge and fill permit with the Florida Department of Environmental Protection / Water Management Districts / U.S. Army Corps of Engineers (ERP) on November 15, 2006. . Filed an amendment to above ERP to include docks on December 13, 2006 . Received first Request for Additional Information (RAI) from SFWMD dated December 13, 2006. . Submitted supplemental RAt from SFWMD January 12, 2007. . After meeting with SFWMD filed response to RAt on March 5, 2007. . Received second RAt from SFWMD on April 6, 2007. Since 2007, additional progress has been made toward obtaining the necessary environmental permits for the Project. This timeline is as follows: . Response to RAI submitted to SFWMD in March 2008. . Army Corps of Engineering (ACOE) submitted on March 2S, 2008. . After meeting with ACOE and SFWMD filed response to RAI to ACOE on July 1S, 2008 and to SFWMD on August 21, 2008. . . Received RAl from SFWMD on October 3, 2008. . State Sovereign Lands Review commenced December 8, 2008, . Received response from ACOE regarding RAI on March 18, 2009, . Met with FDEP on April 30, 2009 to discuss RAI. . State Sovereign Lands Review anticipated to be complete within the next 6 months, The Petitioner is anticipating final action by the Army Corps of Engineers in Mid-March 2010 and final action by the State related to the Sovereign Lands Review in mid-December 2010, These approvals will be in place for the current project as well as the new marina project being proposed by the Petitioner further detailed below, Additionally, since the last time extension request by the Petitioner, the demand for residential units has severely declined, With the recent economic situation, the ability to obtain funding for the residential project has diminished. There are no banks that are currently lending money for the development of multi-family residential developments, The market has become so saturated with residential units it will take a considerable period of time before the market is able to correct itself, Further, buyers are not able to obtain financing for acquisition purposes. As such, the Petitioner is now in the process of applying for a land use and rezoning change to Commercial and C-3 respectively, a site plan and a conditional use application to allow for the development of a marina and dry boat storage, The proposed marina development consists of three buildings totaling 69,609 square feet, The three buildings will be: 1) Office and Show Room (located along Federal Highway); 2) Dry Boat Storage (located in the nliddie of the Property); and 3) Ship Store and meeting/office areas (located along the waterfront). 8ecause these applications have not yet been approved by the City, the Petitioner would like to retain the current approval for the residential project until the proposed marina project is approved. If you have any questions or concerns regarding this I.etter, please do not hesitate to contact me at (S61) 237-1524, 5i;CW Bonnie L. Miskel, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel, LLP EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 09-010 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X I POLICE -- Comments: None X ENGINEERING DIVISION -- Comments: None X .~ I BUILDING DIVISION i , -~ Comments: None X i ! PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALlST I -- Comments: None I X I I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. The site nlan time extension is subject to the ori\rinal conditions of approval. X 2, An updated traffic concurrency approval letter from Palm Beach County X Traffic En<>ineering will be required Prior to permitting, ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S :\Planning\SHARED\ WP\PROJECTS\Casa del Mar\SPTE 09~O 1 O\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT'S AGENT: Bonnie Miskel - Siegel, Lipman, Dunay, Shepherd & Miske!. LLP APPLICANT'S ADDRESS: 5355 Town Center Road Suite 801 Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009 TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a third one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height Exception (HTEX 06-007), LOCATION OF PROPERTY: 2632 N, Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Cierk. 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\Casa del Mar\SPTE 09-010\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 B, Baywalk Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATOR: DESCRIPTION: Baywalk (SPTE 09-007) Alberto Herrera, P.E" Development Consulting Group, Inc, Southern Homes of Palm Beach V, LLC 3103 South Federal Highway, west side of Federal Highway approximately 1/8 mile south of Old Dixie Highway Request for a one (1) year site plan time extension for a new site plan (NWSP 08-001) approved on January 2, 2008, thereby further extending site plan approval from July 2, 2009 to July 2, 2010, The applicant was not present. Attorney Alexander advised the item could be addressed if the Board wished to do so, Motion Mr, Lis moved to deny, There was no second to the motion, Motion Mr. Myott moved to table. Mr, Barnes seconded the motion that passed 5-1 (Mr. Lis dissenting). C. Casa del Mar Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRPTION: Casa del Mar (SPTE 09-010) Bonnie Miskel of Siegel, Lipman, Dunay, Shepard & Miskel, LLP Lancore Nursery, LLC 2632 North Federal Highway Request for a third year site plan time extension for a new site plan (NWSP 06-015) and height exception (HTEX 06-007) approved on July 18, 2006, thereby further extending site plan and height exception approval 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 including concurrency certification from July 18, 2009 to July 18, 2010, Mr, Breese noted the property was located within the Federal Highway Corridor Redevelopment Plan Study Area #1. In accordance with the original staff report, the project had been approved for 42 townhomes and 40 condominium units, Pursuant to the justification statement, the applicant had obtained a statewide programmatic general permit, filing a joint application with South Florida Water Management District and the Army Corps of Engineers to allow a dredge and fill within the Intracoastal Waterway, The applicant had also responded to the agencies' requests for additional information, and anticipated the State Sovereign Lands Review would be completed within six months, It was the intent of the applicant to submit for building permits through the City once all the necessary permits had been acquired from the outside agencies, As a result of the downturn in the residential market, the applicant had been considering other development possibilities for the property, The applicant was currently considering water-based operations such as a marina, with dry storage and wet slips, The applicant wished to retain its existing approvals until it was determined whether the marina plan would proceed through the staff review process and to the Board and City Commission, A more formal criterion for reviewing site plan time extensions would be compliance with concurrency requirements, The applicant's approval from Palm Beach County had expired in 2008, Therefore, an updated traffic approval letter from the County would be required before any permits for construction were pulled, Staff recommended approval of the one-year time extension, Bonnie Miskel, appearing on behalf of the applicant, noted a different application had been filed changing the use to a use that could function in the current economy, The applicant was continuing to process the environmental permits which began two years ago, as there was an overlap with regard to the waterfront use, It was the desire of the lender that the entitlements remain intact until another use was approved, Ms, Miskel requested the current use be extended until an alternative use was approved by the Board, Chair Jaskiewicz disclosed that she had briefly spoken to Ms, Miskel regarding the project and the potential for a development to replace residential. Mr, Myott disclosed he had spoken with Ms, Miskel as well. Mr, Us had spoken with Mr, Rumpf regarding the item and had no objection to the manner in which the applicant was proceeding with regard to the development of the property, He had also met with the principal. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 Chair Jaskiewicz opined the Intracoastal was the City's greatest natural resource, and should be utilized to the fullest extent. She invited public comments, Harry Woodworth, 618 NE 15th Place, expressed concern as the plan provided for an 82-foot high building. Additionally, equipment backing up at construction sites created a nuisance by beeping constantly, He did not believe these issues were consistent with the IPUD (Inti II Planned Unit Development) to the north or the RiM to the south. If the existing project were to be approved, he requested consideration be given to compatibility issues that were incorporated into land use regulations and IPUD ordinances, Mr, Breese indicated it was staff's practice to work through Land Development Regulations associated with projects and compatibility would be staffs chief concern, Motion Mr, Lis moved that the Board approve the one-year extension subject to the original conditions of approval. Mr, Myott seconded the motion that passed unanimously. D, Recreation Surface Water Policies Comprehensive Plan Text Amendment 1. PROJECT: Recreation Surface Water Policies (CPTA 09-001) City-initiated Request to amend Policy 1.3,1 of the Future Land Use Element, to add four (4) policies to the Coastal Management Element, and to add a policy to the Intergovernmental Coordination Element in support of marine-oriented and water-dependent uses for economic development and natural protection, AGENT: DESCRIPTION: Hanna Matras, Economic Research Analyst, advised staff proposed text amendments be added to the comprehensive plan under the title, "Recreation Surface Water Use Policies," All text amendments were large scale and were exempt from the twice-yearly amendment cycles, Amendments would be made to Policy 1.3,1 of the Future Land Use, Coastal Management and Intergovernmental Coordination Elements, If approved, the amendments would be submitted to the Department of Community Affairs outside of the twice-yearly cycle, 11 Cf( ','r'c ~"'. . . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM B. Requested City Date Final Form Must be Date Final Form Must be Date Final Form Mus<!s IC Commission Meetine Turned in to City Clerk's Turned in to LelIal Turned in to Procuren\t&t .:: Dates Office :bo _ e. 0 September I, 2009 August 17, 2009 August J 2, 2009 August 10, 2009 en ,-" :"'f'; N ,c", to '''', IZI September 14, 2009 August 3 J, 2009 August 26, 2009 August 24, 2009 ~ :u , :bo -, ::i. ...." 0 - ::;; '::' '11 0 0 ;:::i;i, 'i - ,t\~ - -.; -< NATURE OF AGENDA ITEM Announcements/Presentations Administrative "'1;0 =t: Unfinished Business o RECOMMENDATION: Please place this request on the September 14, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on August 25, 2009, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 09-049. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Women's Circle Office & Classrooms (ZNCV 09-002) Larry Winker, AlA Sister Lorraine Ryan, Wornens Circle Inc. 912 -914 SE 4th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.2. requiring that off-street parking spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district. Developmen ~<_a ~ City Manager's Signature Assistant to City Manage~ PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: rector City Attorney I Finance S\Womens Circle Office & Classrooms\ZNCV 09-002\Agenda Item Request Women's Circle Off.classml ZNCY 09- S,\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-049 STAFF REPORT Chair and Members Planning & Development Board and City Commission Michael W, Rumpf ~ Planning and Zoning Director Kathleen Zeitler [1- Planner II August 17, 2009 Women's Circle / ZNCV 09-002 Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,1.2, requiring that off-street parking spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district, Property Owners: Applicant/Agent: Location: Acreage: Proposed Use: Zoning District: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Michael ], Gallagher and Lorraine Grefe Larry ], Winker, AlA, Studio Seven 912-914 SE 4th Street (see "Exhibit An -- Location Map) 7,375 square feet (0,17 acres) Business office Community Commercial (C-3) A single-family residential use on property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3); A single-family residential use on property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3); A is-unit motel fronting Federal Highway (Ann Marie Motel) on property classified Local Retail Commercial (LRC) and zoned Community Commercial (C-3); and Right of way of SE 4th Street, and farther west, a Single-family residential use on property classified Medium Density Residential (MeDR) and zoned Single and Two-Family Residential (R-2), Staff Report Memorandum No PZ-09-049 Page 2 BACKGROUND The subject property is under contract to be purchased by Women's Circle, Inc" a not-for-profit organization currently located at 145 NE 4th Avenue in the Heart of Boynton Redevelopment Area. This outreach group assists poor women of all cultures, faiths, and circumstances in their pursuit of educational, employment, spiritual, and personal goals, Women's Circle provides interpersonal and skill development activities that specifically increase employability, According to their website, Women's Circle currently serves 500 women from many areas of Palm Beach County by offering computer classes, support-group sessions, counseling, health education and seminars, drug addiction prevention, job development and placement and English language classes. Women's Circle has typical business hours during the week, and offers some classes in the evenings and Saturday, There are a total of three (3) part-time employees at Women's Circle, however only one (1) day per week that all three (3) employees are working at the same time, Women's Circle has outgrown their current location, and the subject property at 912-914 SE 4th Street will prOVide the additional room needed to expand their services, The subject property is zoned C-3 (Community Commercial) and improved with a 1,150 square foot duplex building that will undergo interior renovations to convert the space into offices and classrooms for Women's Circle, The proposed change of use from residential to commercial will require the site to comply with regulations applicable to commercial development, including on-site parking, landscaping, and handicapped accessibility, as well as interior system upgrades to comply with building regulations for commercial development. Based on the building size and the minimum number of required parking spaces for a nonresidential use, the proposed uses would require one (1) parking space per 300 square feet of gross floor area, or a minimum of four (4) parking spaces, Per Chapter 2, Section 1.2, of the Land Development Regulations (LDR), required parking spaces for commercial uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than 300 feet from the lot to be served, as measured along the nearest pedestrian walkway, The intent of the code provision that requires same ownership of off-site parking within 300 feet is to ensure that the parking spaces would continue to be available for the use, PROPOSAL Mr. Larry Winker, AlA, with Studio Seven, agent for contract purchaser Sister Lorraine Ryan representing Women's Circle, is seeking zoning code variance approval to allow the minimum required four (4) parking spaces to be located off-site within in 300 feet of the subject property, except on property not owned by the owner of the building or lot to be served, The proposed parking would be located within designated on-street parking directly in front of the subject property on the public right-of-way of SE 4th Street, and additional parking if needed would be on city-owned property at the Senior Center through a mutual parking agreement. The applicant's current survey indicates SE 4th Street as a 60 foot right-of-way consisting of 40 feet of asphalt with ten (10) feet on each side of the street for improvements (see Exhibit "B" - Survey), The site plan submitted depicts a new walkway in front of the existing building to comply with accessibility requirements; all other proposed building improvements will be interior renovations (see Exhibit "C" - Site Plan), Currently the Utilities Department has a water improvement project underway along SE 4th Street from SE 12th Avenue to SE 2nd Avenue, During this construction, a new 60 foot right-Of-way will be built from Ocean Avenue south to SE 12th Avenue. The right-of-way improvements will include new paving with on-street parallel parking spaces; a six (6)-foot sidewalk; and a center median where pOSSible (see Exhibit "D" - SE 4th Street Plan), Due to site constraints and the addition of the on-street parking spaces in front of the subject property, the applicant is unable to provide the required parking on-site, The applicant is proposing to provide all the required parking spaces off-site via the new on-street parallel parking spaces that will include handicap-accessible spaces, The applicant also has a temporary license agreement with the City to use municipal parking lots at the Senior Staff Report Memorandum No PZ-09~048 Page 3 Center located only three (3) lots south of the subject property (see attached Exhibit "En - Parking Agreement), Therefore, the applicant is requesting a variance to one (1) of the requirements for location of off-street parking spaces to allow conversion of the duplex to general office use, ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a, - g, below (see Exhibit "F" - Applicant's Justification), The code states that the zoning code variance cannot be approved unless the board finds the following: a, That special conditions and circumstances exist which are peculiar to the lan~ structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Special conditions and circumstances do exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject property is a small lot zoned (-3 that does not compiy with the minimum lot size requirements of the C-3 zoning district. Special circumstances exist by the following conditions: (1) unlike all other properties in the area the subject property does not have a driveway, and has historically utilized non-designated on-street parking; and (2) the addition of designated on-street parking spaces in front of the subject property and the loss of six (6) feet of front yard for a sidewalk as a result of the right-of-way improvements to SE 4th Street prevents the applicant from providing the required parking on-site, b, That the special conditions and circumstances do not result from the actions of the applicant, The special conditions noted above do not result from the actions of the applicant. The subject property was developed as a residential duplex requiring four (4) parking spaces, which were met through on- street parking due to the small size of the lot. The proposed renovations to the existing building do not include any additional building square footage that would increase the number of parking spaces required, The applicant has made parking arrangements with the City to accommodate any potential intensification of the property associated with the change in use, Futhermore, the improvements to the public right-of-way of SE 4th Street and the resulting reduction of the size of the subject lot are not a result of actions of the applicant. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures In the same zoning district, The granting of this variance request will not confer any special privilege, and would not be disruptive to the surrounding area, The Women's Circle is proposing to utilize available parking off-site within 300 feet of the subject property, however those parking spaces are not owned by Women's Circle, The ownership issue is the only code prOVision not met, and is the only reason a variance is required, The parking spaces in the right-of-way and at the Senior Center are not privately owned and therefore are likely to be available in the future, The applicant states that many clients of the Women's Circle either ride the bus or walk to their facilities, The proposed on-street parking spaces together with available parking at the Senior Center appear to adequately accommodate the uses proposed on site, Granting of this variance will allow the Women's Circle to move from a 620 square foot building at their current iocation to a 1,150 square foot building on SE 4th Street, so they may continue their work, d. That literal Interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant, Staff Report Memorandum No PZ-09-Q49 Page 4 Literal interpretation of the code would result in undue hardship on the applicant as it would prevent a conversion from residential to commercial to accommodate a permitted use that is proposed on the commercially zoned subject property, The proposed conversion to a commercial use is in keeping with the commercial zoning of the subject property and would result in an existing nonconforming use (duplex) changing to a proposed conforming use (office), The intent of the code provision that requires same ownership of off-site parking within 300 feet is to ensure that the parking spaces would continue to be available, The applicant clearly complies with the intent of the code due to the City ownership of the on-street parking spaces including handicapped accessible spaces, and the Senior Center parking agreement. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variance is the minimum variance that will make possible the reasonable use of the existing building for commercial purposes, The proposed commercial use of the subject property as office will require a minimum of four (4) parking spaces, Those parking spaces are allowed to be prOVided off-site, if located within 300 feet of the use to be served and under the same ownership, A minimum of four (4) spaces will be provided in close proximity to the subject property through the use of on-street parallel parking spaces, including handicapped spaces, Any additional parking needed would be available at the Senior Center, less than 300 feet away from the subject property, Per the parking agreement, the Women's Circle must coordinate with the Senior Center staff to develop a schedule to include dates and times the parking lot will be used, The applicant notes that the parking lot west of the Senior Center would be needed only in the evenings and on Saturday mornings when several teachers, tutors, and volunteers are involved, and when parking demand at the Senior Center is the lowest. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting of the variance will be in harmony with the general intent and purpose of the code and will not be injurious to the area involved or otherwise be detrimental to the public welfare, The proposed right- of-way improvements include designated parallel parking spaces, and will result in a safer and more clearly defined vehicular and pedestrian environment and improved project aethetics, The proposed conversion from residential to commercial, along with the right-of-way improvements, will provide improved traffic and pedestrian circulation and handicapped accessibility, The required parking would be provided off-site within 300 feet of the proposed use, except that the parking areas are not under the same ownership as the proposed use, A parking agreement with the nearby Senior Center is approved, allowing patrons and volunteers at the Women's Circle to park there as needed. Unlike the subject property, other properties along SE 4th Street have existing driveways and parking areas on site, and therefore will not be competing with the subject property for use of the limited on-street parking spaces, As such, the general intent of the code has been met and the variance would not be considered to be detrimental to the public welfare, g, For variances to minimum lot area or lot frontage requirements, that property Is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming, Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the request is for relief from the parking regulations, this particular criteria is not applicable, Staff Report Memorandum No PZ-09-049 Page 5 RECOMMENDATION Based on the analysis contained herein, staff recommends APPROVAL of the requested variance to reduce the number of required parking spaces, Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant, and staff finds that a "hardship" exists, This request will not be injuriOUS or detrimental to the area and will result in a safer and more clearly defined vehicular and pedestrian environment with improved project aethetics, Staff therefore recommends that the requested variance be approved, No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "G" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Womens Circle Office & Oassrooms\ZNCV 09-Q02\Staff Report.doc EXHIBIT "A" - SITE LOCATION MAP WOMEN'S CIRCLE VARIANCE ZNCV 09-002 140 70 0 ~-- 140 280 420 N 560 ~ 'Feet W~yE S OJ = I- CQ I >< W 11 I ~I ,,,." , ',"';" "';' , '.," \ ')~:Q,e, ,. " " '1S'G'~"~~''',~;, "'1' j'~' ':i.o' <.!)., , 'r- w' "j '.~. '~::,,:f~"1g L- ""I.1ii ......~i:: r-- ......, "," . ~ ',' (/):(o~~, 'i' a. "'!I"~ :'ljl, 'on., OJ;;( ... l'l.,. 9.: ...c. i.Ol"~ .'.,!'~' : +-',!~ 'il::, ~ '1:5.0. , ,', ..,>ii~'. " "w,:~';f',:""~,,,, " ,:(f):" ','-'. .' " " ','.' ';:0> " ,'. .0.." ,.,' . "'1(,'" '<;~~~:::~S,,Q.~:,... "j' .: ~ ~ .' , '." ,. ~.~.' .." , . ".1 '. ,; '.:" , '., . . , ~ ",", "'.,.:; " " ,," I fOUND 4.x..... CONCRETE MONUMENT OFF SET 5,0' WEST SET BENCHI.tARK l' TOI' ElEV,-9.12 PROPERTY ~ r CORNER CONCRETE " ~~ ZZ :;;:1:' i'i x PROPERTY CORNER FOUND 4")("'- CONCRETE I.tONUI.tENT OFf SET 5.0' WEST '4 " ! "'./'," .:~.:i., ~ ~. ~. ; ..... ~ 126,32' x W ..J a. ;ow" oU~ zo> >-Wj ",0", Oiil~ lJill!!lI. W z o 25.0' 25.0' 96.32'. -.$ls ~ b '4 1D ui 95.42' Iii I I I / I / 125.42' PARKER ESTATE (PB 10, PC 37) f 6' WOOD FENCE I~" /- WEll @) OVERHEAD ~ABLE '~ CONCRETE SlAB ""'1 BENCHI.tARK '2 (roo ELEV.=9,9B " 12.0' ~" q :!: ",,:! 12.0' " - CONCRETE I I " " 'r ,"' l ~" :;' J!~ FOUND 1 /2~ IRON ROll &: CAP / La 6786 -' 'bq"O,7', i'l d ADJACENT BUILDING FOUND 1/2" IRON ROO CAP I LB 67B8 OFF SET B' II<:ST ~. o N ~ <r: u if) lD U BUILDING I-< N ::r:: OJ ~ to Cl C\j ~ 11 0 . - g o NORTHBOUND S r:. 4TH STAEET I I \ in I' " il " !' ~ , ~i ~. .i I' NOflTl-IBOUNDS E HH STREET ill !Iii In \ ~il \ ili , . .., i ~ ~ i .~i Ef ill 'Ii r ~ , , I '... . " .. '. '-"'F\ ~i" ~'l t ~I:' '. IllBi' ' ,.' htHi' ~ ':-' '" ,. , . . .... uz.' il L ~ \t...... . ,...... r-'" ,,- .. -" ..... .... -~---- \-;- . - - !if~ ' ' '.' : ..' U,., L_ ,'is' ...'. . ' " I , .r- fi I ' I I:, I I I - I . I ~ ' I I I ~ f' '" ~ ~ , ' I I 'I I i I I : \ LL ~ I L_ Z " .," I' I Ei ;, I I r: _J .,~", < , -. < .. .._<t' ,.- M' ~- ~ ! s : i & ~ ~ . u ~ n : I . ,~~\ II ' -~ \~/ m I l i "~ I !lll tt' 0::111" !l'll llti D "21 iiSS I ~ B i~U ~~ ~ g i vv=IVIENS CIRCLE , , l I ~ EXHIBIT "C" e>FFlce _NO tv1EEe;:Ttt-.&G CENTER 912 :SOUTHEAST 41H SlF':E(l BOYNTON BEACH, FLORIDA 3).35 5b06 t ~ ~. 't~ " f~ ~ ~ .".. ~ '1 ~ i .. r - ~ lUr.S _ ONE STORY C.2.5O.BUILDING q;h 911 Ylf 90; i!~ r iT (!In 81" b J r:!;1F.""" I I-f'-.,..".,,- 4000 CS;-'_fo""""_ U~OO I ~I:l"r fl'/LY '4 . 7 1 ,\ZL'-J" 4t-ll STREET--,__--=---::F'.""" ~ 0, '."'d.. .~ ~L ~2 --+- ,- '~uE.l.,.<:fI.,"" ~=~-"1UI . F -:'f!.<-~, """""''''''..T -"~ ~, o^ "' ~ !;, ~. ..!. ~12'C -." "I' -,---. .~,,~ Ii, ~~ -L.:..- -I jc.! '. ~~" ~c:roc.~ ..U'UOO"E'" -:..J 1 "-2-"': " -- \,..- 1 \ ~. .J-\:_ \ "':,': 1_ ".00 ~. _U'lT~'--+ ~~t -,"'" __.-I.- ..J \ ~... - ~p.rlI"-"""-'1TE!' ~ ~-6- .!)LI.. ON!; STOny C.B,S. BUILDING _~"''''''J'' I :;~~...,-~ T~""c>'''''',''' 'HUCEwn", -~ -.co""'''''' L......=n_.......... ""'"","",l2OOT<I' y,4 919 -910 ClTTrw.S.__!YtLiAl"E:'~ ~"""'''-'I" S"""!'" ()<T,,,,,", c) ;i. . ',.~[,',lq OC"(T"" '""."........Tl'~roq , --- "'0.0.0<",,":.. 11.'0' 8 "efl;. ()Jt'"E ",,0""'"'0'"""" ~~ ,,~, '''c"'~' "c,~, ",- "'0.' ~. "',., 0"". ,,~.T,~", "",'".,., C,t~[" 'T,.,,, .", '"O'O,_~.", . ". c,,<~," 0"." ,.OO "fO-" 1l11O'C-"EY^,""I"."'"' """'"71-" ""S'"T-R"" ~". "I ----r-- " ~ - ----,---,- , Itl~ n .. I ~_ I m I bl" J.-th-'I it 'I: I' _: ,.1, , i . =1 ~l :r-.. 1 'I I , --------- LJ I '1- ----- -rl '1~: . I' ;~~-j:-~- i L. ::L - , ! -.1 it 11 I 11; .- ! +t--'"" - , ----t _JJ _---==-~-- ~ -Lr . I Ij ~I_ f.', I ii'I' 1 , I , ., --+---r"' "_ --1---'--;;:-,-~- ; L ! , ---l ~___ , II j L-.._. 'C., j [PBSfi ~~Rl::;;;j ';~Y"W" "ACH UHum, O"A""'"T ':~:;',-D~~u~i~:~:~~ ~~E:;WAlE 1 ..,. s..~4rn- ST ST~p5;50 .121+50 -1f~~;'~ti"iii~~~t~~: -li~~_.~ I' t ~:;; CITY OF BOYNTON REACH, FLORIDA l" ~CLAIME~~E!R AND ROADWAY I P~ - - _: =-.~_:~~._:"'_~_~~_S_:.-::-~::I_~__:_..,.",_,_ ~_'~E_'''_:_ Lro~-,-,-~",_!.!~..:-=,~:~-"" ____________________ _ _ _IMPROVEMENT PROJECT____.l - ~_"__ m X I CO -1 = o = EXHIBIT "E' TEMPORARY LICENSE AGREEMENT FOR MUNICIP AL PARKING This TEMPORARY LICENSE AGREEMENT is made on this ~.J ;.)'-'" day of J.dt- ' 2009, between THE CITY OF BOYNTON BEACH, FLORIDA ("the "CITY" and WOMEN'S CIRCLE, INC. ("WOMEN'S CIRCLE"). The Parties, in consideration of the mutual covenants hereinafter set forth agree as follows: 1. The CITY hereby permits the WOMEN'S CIRCLE to use the PARKING LOT areas highlighted on the attached parking lot plan, in the parking lot located at the CITY's Senior Center, 1021 S, Federal Highway, Boynton Beach, Florida, subject to the WOMEN'S CIRCLE complying with the conditions and regulations herein. 2. WOMEN'S CIRCLE shall coordinate with the Senior Center staff to develop a Schedule of Use to designate the dates and times the PARKING LOT will be used. Should any WOMEN'S CIRCLE vehicles remain in the PARKING LOT at any time that is not scheduled, WOMEN'S CIRCLE understands that such vehicles will be subject to tow at the expense of the vehicle owner, and that CITY shall not be responsible for such vehicles. 3. While City does not presently foresee terminating its permission for WOMEN'S CIRCLE to utilize the PARKING LOT, WOMEN'S CIRCLE understands that City may need to withdraw its permission to utilize the P ARKlNG LOT from time to time. The City reserves the right to cancel or terminate this permission to use the PARKING LOT without notice, at any time, In most circumstances the CITY will endeavor to give WOMEN'S CIRCLE at least seventy-two (72) hours prior notice of such temporary or permanent termination. 4. WOMEN'S CIRCLE agrees that no objects or obstructions or any kind, fixed or otherwise, shall be placed in, on, or above the CITY's parking lots, and further agrees to immediately remove any such objects or obstructions if placed in the PARKING LOT by WOMEN'S CIRCLE patrons, clients, visitors, or invited guests. WOMEN'S CIRCLE further acknowledges that the permission granted by the CITY is limited to the parking of vehicles in the lot and not for any other purpose whatsoever. 5. In connection with its use of the PARKING LOT, WOMEN'S CIRCLE agrees to obtain a Certificate of Insurance naming the CITY as an additional insured. 6. WOMEN'S CIRCLE agrees to indemnify, hold harmless and defend City, its elected and appointed officials, agents, servants, and employees from and against any claims. demands, suits, actions, damages, liabilities, expenditures, attorney's fees, costs, or causes of action of any kind whatsoever, including any negligent act or omission of City, its employees, or agents, arising out of or in any way connected with any injury, damage, or loss occurring as a result of WOMEN'S CIRCLE's use of the PARKING LOT or the use of the PARKING LOT by WOMEN'S CIRCLE patrons, clients, visitors, or invited guests. If called upon by City, WOMEN'S CIRCLE will take over and defend not only itself but also CITY in connection with any suit or cause of action arising out of the foregoing matters, all at no cost or expense to CITY. WOMEN'S CIRCLE agrees that consideration for this indemnification is the permission granted by the CITY for the use of the aforementioned PARKING LOT. 7. WOMEN'S CIRCLE agrees to be responsible for any and all damages arising out of, resulting from, or caused by the use of the parking lot by its patrons, clients, visitors, or invited guests. and agrees to pay for or reimburse the CITY tor the replacement or repair of such damage. 8. WOMEN'S CIRCLE agrees to llnmedlately notify eny of any claims brought against WOMEJ\'S CIRCLE as a result of its use of the PARKING LOT and the use of the PARKING LOT by its patrons, clients, visitors. or invited guests. 9. WOMEN'S CIRCLE understands that the permission to use the PARKING Lu J may not be assigned or transfen'ed. It is expressl)' agreed between the parties that this Temporary License creates no tenancy or lease whatsoever between the Parties, nor does thiS Temporary License grant exclusive possession. occupation l1f use of the PARKING LOT I" WOMEN'S C!RCLE. 10. WOMEN'S CIRCLE agrees to observe any regulations set forth hy the CrTY. which may change from time to time. 1, 5,-;;1..-,- J...G'~/UHfVG- KylJ-/.,l , on behalf of WOMEN'S CIRCLE, INCo, understand and agree to the above terms in connection with the permission granted by the City to temporarily utilize the Parking Lots described herein. 1 further acknowledge that I have the authority to agree to these conditions on behalf of WOMEN'S CIRCLE, INe. Ai ,- /_ _;/ /i7 /"~,-,,,. tl)'1a;~4<-k- "'--''''f tL7L Signature I IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the date first mentioned above. Signed, Sealed and Delivered in the presence of: t::::::ft;.: ~ Ci'Y"f~,' ~~ch __~_' ~..eA--" By: Kurt Bressner. City Manager (~/ I ~~~. Women's Circle, Inc f/> .4, , ~ IV)/! ;--" <; " , \ v /- '-7 .;J :,JO./A pC<.d<..-(" Ij4'7'L k ' '" By: =""C./..-"_0!fiffV'c:,6!JIL " PAPA GIS Page 1 0 f I t- ~ T:rtr',-P'-: ~I~, "in;., -,:,"',:; D'OH"V 'n',:'" f ~"r"r ~-iCO ~:e'im , F - '. .. .."' ._,_.._,..~_..~___m"___'_ _~ ,,_, .....~.._.,,____.....~__.._ ._.._' .._. ,._.~...__.""- ._._.,__._'m i Print! PARKING LOT PLAN 1 \ Up :11 maps. co. palm -beach. fl, us/papagisl tier aul t. aspx? q type=parcels&pcl1~0843 4 5 2 800000 5 05 0 8/l 0/2009 r L~./' ::::>C; y:.:;., ;..l._'; '-', c_ V' 0.' ,) t::; ~ t:: ~ ACORD. , , JlIt:jCUCI!Il: : BB&T Burx.y Risk Sorvlc9. : 2240 Woolbright Road Suit. 20'i ! B.Qynton a.acn, FL 33428 , 5f', 734.64Mi 7BWOMENClR CERTIFICATE OF LIABILITY INSURANCE ClleI1t11: 133724$ c.t.TE (WIIIOIl!'I"""'" I 06103/0& "HI!; CERTIFICA.TE ISI!SUEC AS It. Il\A~R OF INFORMATION ONI.'( A.ND CONFERS NO RIGHT!! UPON 'THE CERTiFICAT5 HOLDER.. THIS CERTlJl'ICATt OOE$: NOT 4MCNCl,EXT"6'N'C OF/. AL TEFi TH!: COVERAtR: AF!=ORDEC BY iHE POUC1ES aELOW Women'. Circle (The) 145 WE 4th Avenue Boyn too EIIaen, FL 33435 , tN$lJRER$ AFFORDt.:G COVERAGE: ,/"'stJR.:iH. Mary1an.d CU:UBIty Company I~ER~ , 1~51JR~RC i IIo,lBlRERCl-. ,>WC# 19355 ! It.!SUIl.ED ili'/&!.1<ER: COVE""'GE3 'I !foE ~UClEE OF INSURANCE ,,-fSTEG' sacw HAVE SEEN J6BU.5D TO THE lNSU;[EO N.~.ME;:lAElOVE FJJ;;; THE ~U:Y ?EFl.lCD INlJICATE:J. NOT\lVlTH8TANDING ANY F.!OLDREMENT, T!:RM OR CONOlTlON OF ~ CQN'l1't.t.CT DP.: :lTHER lJDCUME~WITH RESPE::T T:;, WHiCH THIS CERl1Ft::ATE MAY BE: ISSUED 0;;;: w,~ PERTAIN, THE ItlJSURANCEA.FFORDEC 8'1" THE: PCUCIES C5$CRJBEC HERfIN IS SUB..i::CT 1'0 AU.. THE -r=RMS, ~::~:JS10N5 AN~ CON::lITJONS OF SI.l:::H F'::n.10lE:3. AG(!Rf:G":re ums SHOWN MA~ HAY:: BEEN '=.EOl,.lCSD BV PAID Cl.AJMS, LTR: 9 ""'P!OJlINSLlWC! JIlClucvwuta!1l. DI-i'i JIll!) A I Cll!'''''''- ,LO'"l1'f IPP6~163se56 121~IOS rx-I COMME=lCl.l.:.GEMER~l.J.6.BIU'N i = CI.AlMS MADE [!J OCCUR H ~'.. AG<.iFGQATE lIMIT U;~L.JES FER, iXiPOl.ICY' I LCC I ~1L!UiJllLlTY ( _-':/IoNYAl.iTr::; II "'w. OWNED IWTOS Ii'SCHEDUlEDMJ"tOO ~: H,..,.UTo, I NQN-OWNEO Al.JTOS ! ~t.1MI1...lTY i!"r.yAl.ITO r---- , , ID;CEI;s/UUllfl:El.lJ.UUILn"Y r-IOCCUR DCL,lJl,ISw..o; ,.-, 1-..: DEOUCilI:~.:~ I I RE"J"C..NTICI-i I WCRKl!RSCOUPENMTION AJ.'O E..P'J.DV!JtS'U,u1l.JT'( ANY PROF'RiE1OP.PIl.RTNEl't./E.XEClrnv~ OFFICERlMEMaER EXClUDED'? j JI'I'I'....QlIlIlillw ~I'ltlar i S~ECIAL PR~stnl-l1; !lfliJ" ) OTHER JWEOEXP'IIo.1ryIlllll/l.l'IIln} i PERSOI>W." N:N IN..u-:'\' L...rra I., 000 000 ., 00 000 1.10000 , ~ aENSFU.l..~iE ;2 000 ODe I P~OWC'1li - COMP~....1,;;o i r2 000 000 COMBINEOSlNGLE W~I'" I \b~nll " i BOOIL'I".uRI' " 1(Pe.-~.~) I BCOIL'ft\.JJR'i' I, ~-=lOer\IJ I -i PROPE!'m'~ (PtI'.cQo.rt) Al./TO OtolL.....1A. ACCitlEN"" i S EA.tCClli =1. I. arH;:~T/olA~ Al.IroOHL~ EACH OCClJRFiENCE ~l"T"(:ltl 01' ~f/Ill7'J()l.-511.0Clr.r:o.~ rVElnC1.!S,ElI;CLUSI~;,nCEOC BYE"NOORS!!U!::lil" /3"'!i:CW- ".OV\SIOl,iS .... Sup~.m.nt&l Name ... FlrlJl Supplomanlal Na"", appl19,IO all pollclas. Women'. Circl. (Th~) Cer!fflcaie HClJder i.. nalTl&ti as addItional insured for General Uablllty insured u.lng parl<lng lalloca\ed al: 100\ SE 41h 6~ Eloynton a..en, FL 33435 CERTIFICATE HOUJE"R CANCELlATION 100 for Non-P merrt ~3~7164nM3557161 laHOlJ~ ""''fCif'TliE A.SQYE DE8CftllEtl ,"O'JCEB BE C.tJjt%Ll~ BEf'OItt nl!! Er.PIIU.7lQ" IllATr,tiERED~. THE asUU,(;.Ii,l&lJR!:R WILL EKt\&i..VCll1U un ~ !'JAYS WRl71Eh (NOTICE T01'flE (:;ERT'II:1CA'r: HOl.t1ERlo:....!!titlnlE:...m, ISU1'~URE TODO S;:: SHALJ !~liI"llaE ~QOli~Q.l.i1Ot-iOFl.L!.I.BI'_TrfI)f Nl'T KlWt!>>'Oll TllElt$URER. m .c.GEI"nOIi lREPFtEe~T,I"Tll'ElL _ /AJ.fTMORtlEDREPRUEh'T:'Th"E I (w-... ?\<- f; -------- , MMOL Ii ACORD COR.POR.'.1l0N 1lil8~ Clly of Elorn",n El..cI1 A!lrI: Attn:Dlrector of~. FacmUes I ACORD 2S r2DU"'~) 1 of;;' 100 E Boy",oo Be8c11 Blvd Boynton Bu.cI1, R. 33425 Intro, To Computers Intra. To Computers Microsoft Excel Computer Typing WOMEN'S CIRCLE INe. 145 N.E. 4th Avenue Boynton Beach, FL 33435 Phone (561) 364-950] Fax (56]) 364-7288 2009 CLASS SCHEDULE Computer Classes Friday Saturday Saturday Saturday 10:00 -11:00 AM, 12:00 -1:00 P,M, .. 11 :00 - 12:00 Noon 10:00 -11:00 AM .. Computer Based English Classes English Classes Computer-Based English Friday Computer-Based English Saturday English (ESOL) English (ESOL) English (ESOL) English (ESOL) English (ESOL) Levell Level 2 Level 3 Thursday All Levels Monday Tuesday Thursday Friday Saturday Creole Literacy Classes Tuesday Wednesday Thursday Sewing Class Thursday Crochet Class Friday · Classes will start on 6/6/09 11:00 -12:00 Noon 9:00 - 10:00 A.M, 5:00- 8:00P,M, 9:00- 11 :00 A.M, 9:30 - 11 :00 A.M. 12:00- 1:30.P,M, 10:00 - 1:00 P,M. 6:00 - 9:00 P,M, 6:00- 9:00P,M, 6:00 - 9:00 P,M. 11:00 - 2:00 P,M. 9:30 -11:00 A.M. For more information or to register, please contact Theresa Jackson at the Women's Circle on Mondays, Wednesdays, or Fridays between the hours of 10:00 A.M and 2:00 P.M revised 5-18-09 WOMEN'S CIRCLE. me. 145 N.EATH AVE BOYNTON BEACH, FL. 33435 561-364-9501, ex!. 26 Fax 561-364-7283 \vww: womenscirclehome.org EIN 651068376 DLN 17053064750075 April 7,2009 Mr, Wally Majors, Director of Recreational Facilities City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425 Dear Mr. Majors and staff, A BLESSED PASSOVER AND JOYOUS EASTER TO ALU I' As I wrote in my 2/19/09 letter we are still in disparate need of a larger facility. as we've definitely expanded beyond what our present 620 sq. ft. can accommodate. At present our eyes are on a property at 912/914 S.E. 4th St. The Planning and Zoning commission of the City of Boynton Beach is necessitating many requirements to bring this simple duplex up to code, which include parking, with at least three on site parking spots that include a handicapped spot. Our architect is working diligently to make these adjustments. Since our clients seeking employment often walk to the facility or take the bus, we would need your west side of 4th street and 1 oth Ave. parking lot only on evenings when we have ESOL, Literacy in Creole, and possibly computer practice sessions or on Saturday mornings when we have ESOL and computer classes with several teachers, tutors and volunteers involved. Your assistance in this matter is greatly appreciated.. Oceans of joy, hope, healing, prayer. and pea.c~ ---;: ~r. .u'!~ Slster LOITame Ryan, MMS 4': "~" _.17. _.{ , - ,,' ,; .,C i/."/(,,__ WOMEN'S CIRCLE, INC. 145 N.E.4TH AVE. BOYNTON BEACH, FL. 33435 561-364-9501, ext, 25 Fax 561-364-7283 www: womenscirclehome,org Mr, Wally Majors, Director City Facilities The City of Boynton Beach 100 E. Boynton Beach, Blvd. P,O, Box 310 Boynton Beach, Fl. 33425-0310 EIN 65 1068376 DLN 17053064750075 February 19,2009 Dear Mr, Majors, Women's Circle, Inc, is in disparate need of a larger facility, as we have definitely expanded beyond what our present 620 sq, ft. can acco=odate, We are seriously looking into the property at 912/914 S.E, 4th St" very close to the Senior Center. In November, when we first expressed interest in the property, I happened to see Steve Lufkin outside the Center. I asked him about the parking lot on the west side of 4th street. He said it is a public parking lot, yet if we planned on using it regularly, it would be good to check with you, Hence I am asking if we could use it during the hours that the Senior Center is not functioning, As you can see from the enclosed class schedule, we have evening and Saturday classes, which are the most heavily attended. At other times, the students/clients often walk to our facility or are usually three or four at a time. Please let me know if this arrangement would be agreeable to you. Thank you so much! I~A S Oceans of hope, prayer, and peace, /1"-4--(7" A1' /)AA J.'h/I'(, _ / ()tU.~ -11. ,:;:~~ CW (""'I { Sister Lorraine Ryan, MMS' 7 WOMEN'S CIRCLE. INe. 145N.E.4TH A\rE. BOYNTON BEACH. FL. 33435 561-364-9501, ext. 26 Fax 561-364-7283 www: womenscirclehome.org EXHIBIT"F" ::-;:;;... r "iN r;:;;.2 'If)" :~~', 1:: \~ll5, 2} JUN - 9 2009 PLAN~..~NG .I:UIJ[J .ZO"'81~~G DE:O'T. EIN 65 1068376 DLN 17053064750075 June 4, 2009 City of Boynton Beach Planning and Zoning Division Code Variance Application: Reference page 2 A, The parking requirements for our simple offlces and classes will easily be met by the parallel parking,spaces to be included in the 4th Street expansion project and the proximate handicapped parking spots (2) just south of the property. Also overflow is welcomed at the west parking lot of the Senior Center. B, The special conditions of the acquisition of the six feet of front yard for this project does not result from the actions of the applicant. C, This grant of variance does not confer on the applicant any special privilege of which we are aware, D, The literal interpretation of commercial parking requirements would be an unnecessary hardship on the Women's Circle's clients, many of whom walk or use public transport.. E. The variance granted is the minimum required for a reasonable use of this property, F, We believe that the granting of the variance will add to the harmony of the area. G, Not applicable, EXHIBIT "G" Conditions of Approval Project name: Women's Circle File number: ZNCV 09-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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/ENVIRONMENTALIST Conditions of Approval , ~ ! DEPARTMENTS jlNCLUDE REJECT Comments: None I X , ~ I PLANNING AND ZONING - -. .- I .~ , Comments: None X , I i ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS i I i ! --- Comments: - --'~ --_.-~~ --- --- -r------ ------- None ~x i I ! ADDITIONAL CITY COMMISSION CONDITIONS i I -.- ---t-- 1 ~ Comments: -+-~ - -- -- -- --------- --- i To be determined. i : S:IPlanning\SHARED\WPIPROJECTS\Women's Cin:Je! )fficc & t ']assrooms\/NC'\ 1ll)-flU2\C()I\ dLll DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Women's Circle APPLICANT'S AGENT: Larry J. Winker, AlA, Studio Seven AGENT'S ADDRESS: 6007 Le Lac Road, Boca Raton, FL 33496 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,1.2. for location of off-street parking spaces, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 912-914 SE 4th Street DRAWING(S): SEE EXHIBIT "C" 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 "G" 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\SHAREOIWP\PROJECTS\Women's Circle Office & Classrooms\ZNCV 09-002\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20, 2010, Ed Breese, Principal Planner, noted in accordance with the previous staff report, the applicant had received approval to construct an office building of approximately 29,000 square feet at the southwest corner of Woolbright Road and Corporate Drive, The applicant had also received approval for a height exception of approximately eight feet for a small segment of parapet wall above the entry on the west elevation and mirrored on the east elevation, Pursuant to the justification statement, the applicant had been working with the Lake Worth Drainage District to provide an easement on top of the canal bank for routine and emergency maintenance purposes, Staff had attended several meetings with the parties to ensure any action on the part of the Lake Worth Drainage District would not adversely impact the approved site plan, The items had been resolved and the applicant had completed the working drawings, received first-review comments from the City and was ready to submit the second review plans to the City for permitting purposes, The site plan time extension was still subject to all previous conditions of approval and as such, staff recommended approval of the request. The applicant indicated his agreement to all conditions of approval. Motion Mr, Myatt moved to approve a one-year site plan extension for Pylon Interstate Plaza Phase II, subject to all staff comments, Ms, Grcevic seconded the motion that passed unanimously, 7. New Business A, Women's Circle Office and Classrooms Zonina Code Variance 1. PROJECT: Women's Circle Office and Classrooms (ZNCV 09-002) Larry Winker, A,l.A, Sister Lorraine Ryan, Women's Circle, Inc. 912-914 SE 4th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.2, requiring that off-street parking AGENT: OWNER: LOCATION DESCRIPTION: 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district, Ms, Zeitler advised the Women's Circle was relocating to 912 SE 4th Street. The change of use for the property from residential to commercial would require compliance with commercial development regulations including temporary parking and handicap accessibility, The applicant would be unable to provide the required parking on-site and proposed to provide parking off-site via the new parallel parking spaces, The applicant had entered into a temporary license agreement with the City to utilize municipal parking at the Senior Center, The lot on the west would be used primarily on Saturday mornings. Special circumstances existed as, unlike other sites in the area, the property did not have a driveway and had always utilized on-street parking, The addition of on- street parking spaces in front of the property would cause the loss of six feet of the front yard for a sidewalk, Staff believed a hardship existed that was not seif-imposed and recommended approval of the request. (Mr, Barnes arrived at 7:01 p.rn.) Sister Lorraine Ryan, Coordinator of the Women's Circle, Inc" was accompanied by her Co-Coordinator, Sister Joan Carusilo, Governing Board Director Eileen Augustyn, staff and students, She noted several of the classes were offered on Tuesday, Wednesday and Thursday evenings while the Senior Center was closed, Chair Jaskiewicz had visited the site and observed there had been no on-site parking, She had also determined a scheduling conflict existed on Thursday from 11:00 a,m, to 2:00 p,m, The Senior Center held a heavily-attended dance at that time causing both parking lots to be Filled, The Friday schedule from 12:00 noon to 1:30 p,m, could pose a problem as well. Patrons visiting the Center generally remained for lunch, even when an activity concluded at noon, Sister Lorraine did not believe the scheduling conflicts would present a problem, The Thursday English (ESOL) class started at 9:30 a.m, and the sewing class was offered from 11:00 a,m, to 2:00 p,m, Many of the women attending classes walked, used public transportation, or teamed up with another individual. Thus, the use of the parking lot at that time would be minimal. Friday classes offered staggered English (ESOL) and computer classes, Average attendance included four students, but as many 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 as 10 attended the sewing class, Sister Lorraine would be meeting monthly with Steve Lulkin at the Senior Center in an effort to ensure there would be no scheduling issues. She estimated the Women's Circle would not be fully functioning until early January 2010, Sister Lorraine noted the Women's Circle cumulatively served 500 women over the course of a year, In addition to the classes offered, clients who sought employment were assisted on an individual basis, A support group met on Wednesday evenings at the Treasure Chest Early Learning Center and averaged between 15 and 20 attendees, The Women's Circle would continue to offer classes and events at different locations, Attorney Alexander administered the oath to Mr, Winker, as he had arrived after the meeting commenced, Larry Winker, architect, advised he was working with Sister Lorraine to develop the plans for the project. The architectural element issues had been addressed and the plans were currently on file for building permitting, A great deal of work had been performed on the exterior, The plan indicated a "Y"-shaped sidewalk currently did not meet Code requirements, All new walkways were being installed and would be flush with the thresholds of the present facility, and with the new walkway to be provided by the City, The improvements would facilitate a user-friendly entrance to the facility, All paint surfaces on the interior and exterior would be freshened, An irrigation system existed at the site, and it was hoped plant materials would be contributed, Signage had not been addressed but might be considered in the future, Sister Lorraine noted the Women's Circle operated as a 501(c)(3) non-profit charitable organization, functioning 100% from charitable donations, All services to the women were free, Chair Jaskiewicz invited comments from the public. No one came forward and publiC comments were closed, Motion Mr, Lis moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.2. requiring that off-street parking spaces be located within 300 feet of the subject use and be owned by the subject property owner, to allow the minimum required four (4) parking spaces to be located off-site within 300 feet, except on property not owned by the subject property owner, for a change of use from residential duplex to general business office within a Community Commercial (C-3) zoning district), Ms, Grcevic seconded the motion that passed unanimously, 8 VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l Requested City Date Final Form Must be Date Final Form Must be Date Final Form M~e 0 P. Commission Meeting Turned in to City Clerk's Turned in to Lellal Turned in to procursnt -4, Dates Office -( ~~i c:: . rl S""tember I, 2009 Auoust 17, 2009 A.mtst 12.2009 Auwst 10, 2009 r- c,::; ,T} b I'XI Sentember 14, 2009 Auoust 31, 2009 Auoust 26, 2009 Auoust 24, 2009 A. "" =:; U> t' n :::::: r:.., -. -.f~ II :::'; H~ ;.~-" .("1> :: n AnnouncementsIPresentations 0 Citv Manaoer's Renort NATURE OF n Administrative 0 New Business AGENDA ITEM 0 Consent Apenda 0 Legal 0 Code Comnliance & Leoal Settlements 0 Unfinished Business 121 Public Hearioo 0 RECOMMENDATION: Please place this request on the September 14, 2009 City Commission Agenda under Public Hearing. The Planning and Development Board on August 25, 2009, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 09-046. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Pylon Interstate Plaza Phase II (SPTE 09-008) Raymond Balassiano, A.LA. Woolbright Executive Center LLC 1501 Corporate Drive Request for a one (I )-year site plan time extension for conditional use/major site plan modification (CODS 07-004/MSPM 07-007), and height exception (HTEX 07-005) approved on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20,2010. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Jt~ City Manager's Si~ Assistant to City Manager. I . oning Director City Attorney / Finance JECTS\Pylon Interstate Plaza\SPTE 09-008\Agenda Item Request Pylon Interstate Phase II SPTE 09-008 9.14..Q9.doc S'\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 09-046 Chair and Members Planning & De~elofre?t Board Michael Rumpf ;Jll/ Director of Planning and Zoning Ed Breese ~ Principal Planner July 14, 2009 Pylon Interstate Plaza (SPTE 09-008) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Woolbright Executive Center LLC Raymond Balassiano, fdA. 850 W, Woolbright Road (see Exhibit "Au - Location Map) Office Commercial (OC) Office Professional (C-1) No change proposed No change proposed Offices 124,581 square feet / (2,86 acres) Right-of-way for Woolbright Road, then farther north is developed commercial property (Racetrac gas station), zoned Community Commerciai (C-3); Vacant industrial property (retention pond for Boynton Commerce Center), zoned Planned Industrial Development (PID); Two (2) story office building in Phase One, then farther east is right-of-way for Corporate Drive, still farther east is developed commercial (Lowe's), zoned Community Commercial (C-3); and Right-of-way for Lake Worth Drainage District (LWDO) E-4 Canal, then farther west is developed commercial (First Southern Bank), To the southwest, a 60+/- Page 2 Memorandum No, PZ 09-046 Pylon Interstate Plaza SPTE 09-008 foot portion of the subject property is adjacent (across the canal) to deveioped residential property (Leisureville), zoned Single-family residential (R-1AA), BACKGROUND Mr, Raymond Balassiano, agent for Wooibright Executive Center LLC, is requesting a one (i)-year site plan time extension for the Pylon Interstate Piaza Conditional Use/Major Site Plan Modification Development Order (COUS 07-004/MSPM 07-007) and Height Exception (HTEX 07-005), which were approved by the City Commission on November 20, 2007, The conditional use/major site plan modification and associated height exception approval are valid for eighteen (18) months from the date of approval. If this request for a one (I)-year time extension were approved, the expiration date of the approvals, including concurrency certification would be extended to May 20, 2010, According to the COUS/MSPM staff report, the applicant requested approval for the construction of a 29,199 square foot office building, The subject parcel is located approximately at the southwest corner of Woolbright Road and Corporate Drive, and is the second phase of a two (2)-phase project, The first phase was approved in 1984, and subsequently constructed, As noted above, the applicant also received approval for a Height Exception in conjunction with the COUS/MSPM approval, to accommodate a small segment of parapet wall, which is raised at the building entrance on the west side, and mirrored on the east elevation. These portions of the parapet would be 43 feet in height, thus requiring an eight (8) foot height exception, ANALYSIS The Land Development Regulations state that the applicant shall have eighteen (18) months 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. 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 May 5, 2009, approximately two (2) weeks prior to the expiration date of the approvals, According to the justification submitted for the requested time extension, since receiving City approval the applicant has been working with the Lake Worth Drainage District (LWDD) to provide the District with the necessary easement on the top of the canal bank for routine and emergency maintenance purposes, Staff acknowledges that the applicant has been in constant contact with the City regarding the negotiations with the LWDD and updating the status of their project, City staff has attended several meetings between the two parties to help ensure that any action by the LWDD did not substantially affect the approved site plan, These issues are now resolved and the applicant has finalized the construction drawings and received first review comments from the City, and is now ready to submit for permits, A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements, The Palm Beach County Traffic Division approved the original traffic study for the office Page 3 Memorandum No, PZ 09-046 Pylon Interstate Plaza SPTE 09-008 project with the requirement that no permits be issued after the build-out date of 2009, Should the applicant not be able to acquire the necessary permits by the end of the year, an updated traffic concurrency approval letter from Palm Beach County will be required, As for utilities, records indicate the utility reservation fee is due, Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward, The site plan time extension is still subject to the conditions of the COUS/MSPM and HTEX approvals. 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 site plan request was filed 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. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the conditional use/major site plan modification (COUS 07-004/MSPM 07-007) and height exception (HTEX 07-005) approvals, If these requests for extension were approved, the expiration, including concurrency certification, would be extended to May 20, 2010, and all outstanding conditions from the previous approvals 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\PROJEcr5\Pylon Interstate Plaza\SPTE 09-00B\Staff Report.doc EXHIBL "A" - SITE LOCATI("J MAP PYLON INTERSTATE PLAZA (09-008) 220 110 0 1""'1-- _ N 220 440 660 880 . .J~ , Feet W~7E s EXHIBIT B i HI will ~ I !'1 , , -; " I,'l!!! i!illhilmflll<f"I.I:-i! 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" : ~~,_~" ~~ =- :::~,~-.~.':"=--:.. : r:~~;:;" IoD.....-;u;;;-. - "1' li{~~"", ~ ....- ',. '-"Nt'.'.C-"Po"'''CH'T,ccn 'U!.l.AilOR'TI<'E ~ l ~, P"o-.J!'Cl WOOLBRIGHT EXECUTIVE CE:NTFR "O'rOOPOR>r'""M 'OVN'QN9'^'"'c{ll>,O' =.-..." t/ . '."_0' .n...~._.",_..",..._" -~'-'--~--------- . -g\-l\B\ \ D I \ 4 -r-~~' .~-, ',' ,1.-' \ Sje~ ~ ,~)~ :;-~r". ' , '. I_,t-'~ \' J-f~" ,~T \ ",;~\\\\ ~ ", '~I,'':\' " '~, ~ .-- ..,-.' i~ e--4' , ',I', it e -'",;,- i'9' ~ , \ ! 'l, ~, -<$'J- :~~ I ~\.---l'l " " \ '-\-,r-L.:- 1---"'=-\\,\"\, -\~ ',~ :~,' \"...-1l;_l--- " 'Ii I " I ,I " ~~ . II --r ,-r ' -\ _\E>' 1 \,~l . _" I, _..E.I..---~ r. ..... ie'- .\jjn ,\ ,l..l- lr \ -41 '\ .. 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" ,-.' l-'~ "'-L-~...o" ,,-..(' I ___\"-tf b \\\ \ W \\\\ - ------ ~ ~ ------ 1 \ \ \ .' n"'Z ~,,~ ~.".. ~g'a ;;~'Jl ~F~ ~~~ ~'!lf. 1\~" ~"m t~\ _ m ~ . €I @ €' e 6" a ~~ ~W\P~~~U \~ I \ \\ ~ I' ~~ I \ z3 ~::: WC()L~R\G\\1I'.XcClJTIV" Cl'.N1l-~ mON IN'ffiRSi ^ it fVJ..^.P'i \}.St 2 15ffiCQVJ'ORJ\11.1JVJ1ll ~ON.?!'tAC.'t-\,R.314'}f. 1\A '{;IOND tl,V\SS\/.NO, /..\A ,.so-mt-C\ \ :wJG\..OU~srREf1' ry:y::.hfJ.iON,n.oIU1Jjl..'3W37 \..Ie NO, i'J.rmlJAQ \(\, f.hl\ 7Clb-1-&f1 ---------.----~ \\ ".p' ~~ . J!..~" "..-. ~~ ""l I-'----- ""v-t.A>-G1', - > Co '3 2 3 ~ ~ " TI'1 ~T~JA21:l 1-, , ..J....""" ,_,' .\'} (:1:"'! . 0 ., 'I" I' , " "l ! ' 0 " ~5: 1,1 '1 :~; i q i'! h. " - ! ~" ~ . r .T'-T '0 M~ ~~.. 1 ~~~ " I " , i' -, .1 I ,~ ~ ~ ---.l ~I~ ." .I~ '" ~. J ~~ H " c ~ >:c.;.. , g ,2 . ;;1,1; r-i:; ~~ ! ,; , , , I .~ E !' \L~1E ~ ':. I , if: ~ ~ pc Ii ,- Ii !I ,. ~~ ~ " ~, ~; ''',~I' ~h::'~ , ~ ~ t"" if' '!' '" t --1 ~01 j i !e p,' .L_ J~~ , r~-i I, 0< " g: ; l m ~ I 11\1 I +-:r.+i :;: I . : f;j: ~~ : 8:. &~ .--- i ~ 4[, ~~~ ~_nO--I ~h Ii ~i b -' fc=".Jni' , I-<!"-- . 1\ IiI " I~' ,n , ' ! i: tl !IEI. -.(;1:, y .-I'c._ I '" r I ,,,,-- 94 ~ I .,e;! u~~-'-'-_ I I ',")" ------(,)-4- I ill 0L~l~ , 1 -__~ I 10 r->! , ---, o , ---'if i I I' i 'I' i "1 ' "' it: t --. i.~~.c~:t- 1 ,~, --H- --1-~ -1--,- i L t -+-- I If 'JlEJ"'""- t ,I ,/ 0 ~"~'~ __ I I i-+- ~ --(;', Iml I ~_ - I 5;~~ ~~~ l~, ~~ -<!:"~ y I"F. , ,> -, r .~ _.._------l-.-_ .. "-0" 1";' !lio :~lli ~i.:,~it ~i~ lh 'I'" ";~ W Lj", ~I~th il~ " " :{~ "', ~- ~ ~~ ~-+ EXHIBIT B ~ ~ ~ o 0,. r"'-. to ~. ::I) Q :c --....; .'. m x m !; o C ....; < .. m "-n m z ....; m :IJ 't.', 88~ ~gj~ ~om ~"~ :t~~ 8~~ -0> ~~~ O~D "c. ~~; moz ,-,ZGl ~ ~ L----! E, <0' 0 " ;6 mmj ri:::11 ~ ~i GO lifi z,,: i " e <0' ~np:!n: ;. i:.!! ; ; " '0/00LBR1GHT EXECUTIVE CEJ\.rrEF I''r'LOl\Ir-.'TERSTATIf'LI\ZA.PHASr, ism mRI'ORAT~ DRIVf '1r)n;;nr~ BFAC'l n. T.1.'" RA YMON[l RALASS1ANC\ r\.U,. AROITTRT ~lXl t..;LOUG:lESTER STREn R!X~, Rt,10t\. FWRIDP.I'4Ec \( A!{OO161l4r T e! i5hl\ 70,\- Hi':~ I~~-l W1~;'-'- EXHIBIT C PRAYMOND BALAS SIANO, A.LA. ARCHITECT 800 GLOUCHESTER STREET r- BOCA RATON, FL 33487 TEL, (561) 706-1809 .~ ~ 5 May 1, 2009 r :. "t~ ,. I eN; J City of Boynton Beach Planning & Zoning Division 100 E Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33425-0310 Attn: Mr. Ed Breese, Principal Planner Re: Woolbright Executive Center Pylon Interstate Plaza, Phase II 850 W Woolbright Road Permit No. 08-1082 Request for Time Extension Dear Mr, Breese: This letter is in reference to the above listed project. Pylon Interstate Plaza Phase II was approved on November 20, 2007 with an 18 month period set to expire on May 20, 2009, Since this rime we have been working with the Lake Worth Drainage District to address and subsequently resolve a few issues in connection with the west boundaries of the property, We are respectfully requesting you grant us a 12 month extension of the site plan approval. As you know, the final construction working drawings (all trade) have been entirely completed and submitted to the building department. In fact, first plan review comments have already been issued by city officials and all comments have been complied with. Final submission for the building permit is now ready. EXHIBIT "D" Conditions of Approval Project name: Pylon Interstate Plaza File number: SPTE 09-008 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste -- , I Comments: None X I I i PUBLIC WORKS - Forestry & Grounds i Comments: None X I ! .- PUBLIC WORKS- Traffic i I ~ Comments: None i X i - - - --~ UTILITIES I '- Comments: None X I --~ - ! I FIRE " ~ I --.-- Comments: None X I I ~ POLICE I , I -- I I Comments: None I X I ~ ---T- ~-~ , I ENGINEERING DIVISION , i I i ! -'- Comments: None , X J I I .~ BUILDING DIVISION i I I i ! ~\ Comments: None I X , -I , -- I ~ - I ! , " PARKS AND RECREATION f I, ----~ +---1 Comments: None I X -+-~~ll -. - FORESTERJENVIRONMENT ALIST I I ill I Comments: None I X , ~-j - -- Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. If this request for site plan time extension is approved, all outstanding X conditions of approval from the original development order must still be satisfactorily addressed durin!! the building permit orocess, 2. Should the applicant not be able to acquire the necessary permits by the end X of the year, an updated traffic concurrency approval letter from Palm Beach County will be reouired, ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined, S:\Planning\SHARED\WP\PROJECTS\Pyton Interstate Plaza\SPTE 09~008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Raymond Balassiano, A.I.A. APPLICANT'S ADDRESS: 800 Glouchester Street, Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2009 TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension LOCATION OF PROPERTY: 850 W. Woolbright 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 pubiic 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 substantiai 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\Pylon Interstate Plaza\SPTE 09-0Q8\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 location only, If a conflict forced Ms, Gondi to relocate, the new location would require the Board's approval. Chair Jaskiewicz felt mobile vending units were appropriate along roadways or outside "Home Depot," but would not contribute to the mall's standing, Mr, Grosh was asked if Lindburgers had been made aware of the mobile vending service, as the restaurant had been negotiating for the Ruby Tuesday space. Mr, Grosh noted the location of the mobile vending unit would not have been an issue as the lease for any restaurant would take priority over the Dogfather lease, Once Ms, Gondi's business was established, consideration could be given to relocation, possibly by placing the cart in between the movie theater and Too Jay's Deli. Ms, Gondi noted she currently operated a catering business and had set up the mobile vending unit at Walmart and at various festivals, Motion Mr. Myott moved to approve the mobile vending unit 09-003 at the stated location at the Boynton Beach Mall, subject to all staff comments. Ms, Killian seconded the motion, Mr, Lis requested the portion of the lease agreement referred to in the discussions be made a part of the record, The applicable portion indicated a subsequent user of the Ruby Tuesday space would have the ability to preempt the mobile vending services, Mr, Myott amended his motion as such, Ms, Killian seconded the motion as amended, Mr, Grosh indicated his acceptance of the added provision, The amended motion passed 4-1. (Chair Jaskiewicz dissenting.) (Mr, Barnes had not yet arrived at the meeting.) B, Pylon Interstate Plaza Phase II Site Plan Time Extension 1. PROJECT: Pylon Interstate Plaza Phase II (SPTE 09-008) Raymond Balassiano, A.LA, Woolbright Executive Center LLC 1501 Corporate Drive Request for a one (1) year site plan time extension for conditional use/major site plan modification (COUS 07-004/MSPM 07-007), and height exception (HTEX 07-005) approved AGENT: OWNER: LOCATION: DESCRIPTION: 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 25, 2009 on November 20, 2007, thereby extending site plan approval from May 20, 2009 to May 20, 2010, Ed Breese, Principal Planner, noted in accordance with the previous staff report, the applicant had received approval to construct an office building of approximately 29,000 square feet at the southwest corner of Woolbright Road and Corporate Drive, The applicant had also received approval for a height exception of approximately eight feet for a small segment of parapet wall above the entry on the west elevation and mirrored on the east elevation, Pursuant to the justification statement, the applicant had been working with the Lake Worth Drainage District to provide an easement on top of the canal bank for routine and emergency maintenance purposes, Staff had attended several meetings with the parties to ensure any action on the part of the Lake Worth Drainage District would not adversely impact the approved site plan. The items had been resolved and the applicant had completed the working drawings, received first-review comments from the City and was ready to submit the second review plans to the City for permitting purposes, The site plan time extension was still subject to all previous conditions of approval and as such, staff recommended approval of the request. The applicant indicated his agreement to all conditions of approval. Motion Mr, Myott moved to approve a one-year site plan extension for Pylon Interstate Plaza Phase II, subject to all staff comments, Ms. Grcevic seconded the motion that passed unanimously, 7. New Business A, Women's Circle Office and Classrooms Zonina Code Variance 1. PROJECT: Women's Circle Office and Classrooms (ZNCV 09-002) Larry Winker, A.I,A, Sister Lorraine Ryan, Women's Circle, Inc. 912-914 SE 4th Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,1.2, requiring that off-street parking AGENT: OWNER: LOCATION DESCRIPTION: 6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORh.. )(1. - NEW BUSINESS ITEM A. Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetinl! Turned in to City Clerk's Turned in to Lef'!al Turned in to Procurement Dates Office 0 Sentember I. 2009 August 17,2009 August J 2. 2009 August 10, 2009 I2J SeDtember 14, 2009 Auoust 31. 2009 August 26. 2009 August 24. 2009 0 0 0 AnnouncementslPresentations 0 City Manager's ReDort NATURE OF 0 Administrative I2J New Business AGENDA ITEM 0 Consent Al!enda 0 Legal - other 0 Code ComDliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA nON: Discussion and direction regarding submission to referendum of the preservation and redevelopment ofthe Old High School structure and site, EXPLANATION: A member of the Commission has requested Commission discussion regarding the feasibility of a March, 2010 referendum to determine public support for preservation and redevelopment of the Old High School. The scope of the issue submitted to the electors can range from a simple non-binding question of whether the electors support or do not support preservation of the Old High School to more specific approval of general obligation bond financing to fund preservation and maintenance of the property, Referendums are initiated by the preparation of an Ordinance which describes the issue and poses a ballot question for submission to the electors, The deadline for a referendum question to be submitted to the Supervisor of Election for inclusion on the March, 20 10 ballot is February 5,2010, With that deadline in mind, the Ordinance establishing the referendum would need to be on the City Commission agenda on December 1,2009 and December 15,2009, PROGRAM IMPACT: Since a municipal election is scheduled for March, 2010, this item will merely be added to that ballot FISCAL IMPACT: Due to uncertainties of costs being shifted to the City from the Supervisor of Elections we cannot yet determine the exact cost of the 2010 election, We have budgeted $75,000,00 in the election line item for fiscal year 2009/2010. There will be additional expenses relating to the setup costs of the ballot by adding this item, SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Proceed with policy development by the City Commission without submission to the electors via the referendum process. City Al10rney ), ~ City Manager's Signatu~~ ~ Assistant to City Manag~~ .' '-/ ~ - . ~c ~ Department Hea s SIgnature Department Name City Attorney I Finance S:\BULLETlN\FORMS\AGFNLJA ITEM Rj-<(JUEST FORM,j)()l sr,;:y"" 1._', ~ _il. l ' ."-', ... 0' i(! J. ", " ,~'{. '". -," 'Or..: \- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO~.. XI. - NEW BUSINESS ITEM B. Requested City Date Final Fonn Must be Date Final Form Must be Date Final Form Must be Commission Meetinl! Turned in to City Clerk's Turned in to Lel!al Turned in to Procurement Dates Office 0 Sentember I, 2009 August 17,2009 Awmst 12. 2009 August 10. 2009 t5<J September 14, 2009 August 31, 2009 August 26, 2009 Aurrust 24, 2009 Ii [J 0 Announcements/Presentations 0 CilV Manager's Report NATURE OF 0 Administrative ISI New Business AGENDA ITEM 0 Consent AQ"enda 0 Legal. other 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Heariofl 0 RECOMMENDATION: Discussion and direction regarding designation of Ocean Avenue Corridor from the Ocean Avenue Bridge to Seacrest as Boynton Beach Old Town Area, Authorize City Attorney to prepare resolution, EXPLANATION: A member of the Commission has requested Commission discussion regarding the feasibility designating the above area of Ocean A venue and possibly adjoining areas as the Boynton Beach Old Town Area, This designation may assist in funding requests for historic preservation and better describes the area as not being the principal retail and services area of Boynton Beach, This suggestion came as result of an email fromacitizentotheCityManagerdatedSeptember7.2009.In reviewing the e-mail, a member of the City Commission requested this item be placed on the September 14, 2009 City Commission meeting agenda, The action if authorized can be accomplished by a resolution designating an appropriate area as the Boynton Beach Old Town Area, PROGRAM IMP ACT: As noted above, the designation may assist with funding requests for historic preservation and on funding for the Children's Museum, Such a designation may also help support the marina area as an adjunct area, also related to the history and heritage of Boynton Beach, The activities serve to underscore and focus redevelopment efforts in a core area of the City that has a specific identity. FISCAL IMPACT: None other than incremental'changes to City and CRA marketing and information material. ALTERNATIVES: Take no action on this suggestion, SIBULLETlN\FORMSIAGENDA ITEM REQUEST FORM. DOC /...~\~Y":'" 'Jl\ \ :r o 1.:\ U ).. "" .' ,~, i~.~'- ,.' ,,: '.:..' 1'0 ~,~ 0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM , )'! I / ~/ I ,. ./' . A A < .......e ------.. -D~artm~ t Head's Signature' City Manager's Signature Assistant to City Manager -:-~.. City Attorney City Attorney! Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM [JOC XII. - LEGAL - 2nd Reading Non-Development ITEM B.l ((( """ 1'."- r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Date Final Fenn Must be Date Final Form Must be Commission MeetinlZ Turned in to City Clerk's Turned in to Leeal Turned in to Procurement Dw_< nffice 0 SOntember I, 2009 Amru" 17, 2009 Au.ust 12, 2009 Auoust 10 2009 I'XI SentemberlS 2009 Au,;;5t 31, 2009 AU;;;;" 26 2009 Au.ust 24, 2009 0 n n AnnouncementsIPresentations 0 City Mana.er's Renan NATURE OF 0 Administrative n New Business AGENDA ITEM 0 Consent AQ".enda /Xl Le.aI 0 Code Cornnliance & Leo-a! Settlements 0 Unfinished Business 0 Public Hearioll 0 RECOMMENDA nON: Mollon to approve the enclosed Ordinance (City's Exhibit" A") on second reading, EXPLANA nON: The proposed legislation will assist the City in our ability to better identify and manage vacant and Ioreclosed property by boldlng mortgage holders responsible for the following: 1. Registration of vacant & abandoned properties in default of their mortgage with the City or a third party vendor to iDclude the requirement of a local property manager with contact information. 2. Property maintenance to include; mowing, securing, debris removal, pool cleaning and other routine maintenance issues. 3. Providing regular inspections to ensure the required maintenance is ongoing as well as continued maintenance obligations to the mortgage holder once property ownership is officially conveyed to the mortgage bolder. We anticipate using a third party vendor to administer this program at no cost to the Citv. StaCfis currently working through the details of obtaining a third party vendor with our Procurement Department to enable us to move as quickly as possible upon the adoption of this Ordinance. PROGRAM IMPACT: Adoption of this legislation will ultimately assist staff by reducing resources spent "managing" abandoned properties while providing a small revenue stream through the collection of registration fees shared with tbe third party vendor, FISCAL IMP ACT: Reduced staff time in managing these properties and a smalJ revenue enhancement shared with third party vendor. ($150,00 divIded by 2) There are additional cost savings In terms of reducing the number of properties we manage that involve abating nuisances such as mowing and securing of structures. Currently there are no funds available in the 2009/2010 budget for this program. ALTERNATIVES: Continue our current enforcement program citing property owners in default and funding the mowing and securing of abandoned properties tbat are in foreclosure OT letting the properties fall into advanced stages of decay. S:\IJULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ent Head's Signature ~[~~/~ City Manager's Signa~1 Assistant to City Manage.r~_ Public Affairs Deparnnent Name City Attorney / Finance S'\BULLEl1N\FORMS\AGENDA n'EM RE12UEST FORM.DOl' ORDINANCE NO. 09- 040 1 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 THE CITY OF BOYNTON BEACH CODE OF 6 ORDINANCES BY AMENDING CHAPTER 10, 7 "GARBAGE, TRASH, OFFENSIVE CONDITIONS," 8 ARTICLE III, "ABANDONED PROPERTY," BY 9 ENACTING A NEW SECTION 10-51.5, ENTITLED 10 "ABA.:"IDONED PERSONAL AND REAL PROPERTY"; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE, 13 14 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in 15 order to provide for additional enforcement and monitoring mechanisms that will assist the City 16 in monitoring abandoned personal property located on private property throughout the City; 17 WHEREAS, the City Commission desires to amend the City's Code of Ordinances in 18 order to provide a process by which real property, subject to foreclosure, is maintained in 19 accordance with the City's property maintenance code, and a mechanism for keeping track of 20 the current owner or mortgage holder of the property; and 21 WHEREAS, the adoption of this ordinance is in the best interest of the health, safety, 22 and welfare of the residents, citizens, and business within the City of Boynton Beach. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 26 confirmed by the City Commission, 27 Section 2, That Article III, "Abandoned Property," of the City of Boynton Beach 28 Code of Ordinances, be, and the same is hereby amended by enacting a new Section 10-63, 29 entitled "Abandoned Personal and Real Property", to read as follows: 30 Sec. 10-51.5. Abandoned Personal and Real Propertv 2 I J.JlLPuroose and i11lenr. .It is the purpose and iment of!.hi~.~~Cli911 to..establish a process to address th amount of abandoned personal and rea) properlY' iocated wiLhin the cit\'. This section is further intende to specifically establish an abandoned residential property program as a mechanisln to protee residential neighborhoods from becoming blighted through the lack of adequate maintenance an security of abandoned properties. (b) Definitions. The following words. terms and phrases. when used in this chapter, shall have the meanmgs ascribed to them m this section. except where the context clearl, indicates a different meanmg.. (1) Abandoned personal propertv means property which has been left abandoned and unprotected from the elements and shall include, but not be limited to. wrecked, inoperative or partially dismantled lraiiers, boats, machinerY, refrig.erators, washinl?- machines, plumbing fixtures, furniture and any other simiJar article which has been left abandoned and unprotected from the elements. (2) Abandoned real propertv means any property that is vacant or is under a current notice of default andlor notice of mortgagee's sale bv the lender or a pending tax assessors lien sale and/or properties that have been the subiect of a foreclosure sale where the title was retained hy the beneficiarY of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale., (3) Accessible vrOf)ertv means a property that is accessible through a compromised/breached gate. fence, wall. etc. (4) Accessible structure means a structure/building that is unsecured and/or breached in such a \~ to aliow access to the interior space bv unauthorized persons. ( 51 Enforcement officer means any full-time law enforcement officer. building official. code enforcement officer. fire inspector or building inspector emploved within the cjty. 161 Evidence of vacancy means anv condition that on its._.9vm. or com bined with other conditions present would lead a reasonable person to believe that th,e propcne', is vacant. . SuclLcondi!.iqJ!Ll~ include. but not be iimited to. overgrown andlor dead vegdation, accumulation of abandoned nerson~J " - S:\l.:A\Ordinanccs\Abandom:d Property MaUltcnance Code d'I( e d , ,) 4 d 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 propertv. as defined herein, statements by neighbors, passers-by, deliyerv agents or government agents, among other eyidence that the property is yacant. (7) Foreclosure means the process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults, (8) Nominal salvaile value means the value of an article of abandoned or derelict property which a reasonably prudent person would believe IS the fair market value of the property . taking into consideration its useful life, earning capacity or replacement cost. less depreciation and items of general or special depreciation, would be nominallv greater than the costs of salvage including the removal. transportation, storage and sale of same. (9) Prooerrv mana'{ement comvanv means a local property manager, property maintenance companv or similar entitv responsible for the maintenance of abandoned real properrv. (10) Public vroverrv means canals, all waterwavs, lands and improvements owned bv governmental bodv or anv governmental agency including but not limited to easements and rights-of-wav, but excluding the campus of anv institution of the state university svstem. (11) Residential buildinrt means anv improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling PUl'Poses, and shall include the buildings and structures located on such improved real properrv. (12) Vacant means any buildinglstructure that is not legally occupied. (c) Avplicabilirv. This section shall be considen;d cumulative and not superseding or subiect to any other law or provision for same, but shall rather be an additional remedy available to the city above and beyond anv other state, county andlor local provisions for same. (d) Penalties. Any person who shall violate the provisions of this section shall. upon conviction, be punished as provided in section 1-6 of the City of Boynton Beach Code of Ordinances Code as applicable. In addition, any violation of this section may be enforced through the City's Code Compliance Board as provided in Chapter 2, Article V, of the City's Code of Ordinances. 3 S:\CA\Ordinances\Abandoned Property Maintenance Code.doc 25 ~ Uo) Plac:emem uf abanduned nerso!1u! f/ro!Jerll'---!!!l.1!rivuu: oronern:'. Drohibilea':.... (I) It shall be unlawful for any person 10 abandon personal properrv upon priyate propertY: a. Without such receiying property owner's consent or b. In yiolation ofthis or any other applicable law. ordinance or regulation. (2) Nothing in this section shall be deemed to apply to abandoned personal property authoriz left on private business property proper]v operated. licensed and zoned in the Citv for the pu accepting abandoned properrv. (f) Public nuisance. All abandoned personal propertv and abandoned real property is hereby to be a public nuisance. the abatement of which pursuant to the police power is hereby declar necessary for the health. welfare and safetv of the residents of the city. (g) j\/olifkalion nrocedure. \Vhen an enforcement officer ascertains that an articie of oersonai having nominai salvage value lies abandoned or derelict upon private properrv. that officer shaii: (I) Cause a notice to be placed upon such abandoned properrv in the substantiallv following for NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING DESCRIBED PROPERTY: ( setting forth brief description) LOCA TED AT: ( setting forth brief description of location) is: IMPROPERLY STORED AND IS IN VIOLATION OF ( setting forth ordinance or violation violated I AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS NOTICE: OTHERWISE IT SHALL BE PRJ:;,SUMED TO BE ABANDON Ell PROPERTY AND MA I' BE REMOVED AND SOLD OR DESTROYED BY ORDJOR OF THE CITY OF BOYNTON BEACH, FLORIDA. DATED THIS: ( setting forth the date of posting o~ noti~ 4 S:\CA\()rdlnanccs\Abanduned Property Maintl.:nancl' Lodednc o ,) 4 5 ed to be 6 rpose of 7 8 declared q ed to be 10 11 propertv 12 ]3 m: 14 15 16 17 ]8 19 20 21 22 23 24 y ",) 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 SIGNED (setting forth name. title. address and telephone number of enforcement officer) (2) Such notice shall be not less than eight (8) inches bv ten (10) inches and be sufficientl weatheroroof to withstand normal exposure to the elements. (3) The enforcement officer shall make reasonable effort to ascertain the name and address of the owner of the abandoned property and, if such address is reasonablv available, the officer shall mail bv certified mail a copv of the notice to the owner on or before the date of posting the above-described notice on the abandoned personal property. (4) The enforcement officer shall mail bv certified mail a cOPv of the above-described notice to the owner of the real property upon which the abandoned personal property is located. as shown bv the real estate tax records as provided bv the Palm Beach County Property Appraiser's Office or anv other address provided to the local government bv such owner. on or before the date of posting such notice. (h) Removal of abandoned versonal vroverfV. (l) If at the end of five (5) davs after posting notice under this section. the owner or any oerson interested in such abandoned personal property described in the notice has not removed same, the city mav seek an appropriate order from the special magistrate or code enforcement board and mav subsequentlv cause the article of abandoned personal property to be removed and destroved, and the salvage value. if anv. of such article shall be retained bv the city to be applied against the cost of removal and destruction thereof, (2) Before destruction. for abandoned property on private lands, at the end of the five ( 5) dav period of posting of such notice. if the owner or person having interest in the property has not removed the abandoned property from private property, or shown reasonable cause for failure to do so. the City mav cause the property so described to be removed bv a towing or salvage companv who shall cause the article or articles of abandoned property to be removed and placed in storage if applicabie with the local. state and federal regulations. At the conclusion ofthe required storage. if the article is not claimed. and 5 S:\CA\Ordinances\Abandoned Property Maintenance Code.doc v 2 iftht: sa!yage value i_s abo\~~ ont:..hundrcd dQ!Jars ($JJIO.(JQL_tll~tQwinf; compan\ shalLQav th~._~'jt\ tht: sum of twenty-five dollars 1$25.001 or ten (10) percent of such vaiue, whichever IS greater, for the administrative costs in handlin~ with said aJ1icle. If the articie is claimed, the Cil\' shall receive twentv- five dollars ($25.00) as an administrative tee. (3) It is unlawful to remove abandoned personai propertv, including inoperative vehicles, from private property to pubiic property after the postin~ of said property by an enforcement officer. (4) [n the event that the abandoned property is deemed to be an imminent public health and safety hazard, an enforcement officer is authorized to remove the property immediatelv. Subsequent to the removal of the abandoned property, the City shall make reasonable and diligent efforts to ascertain the owner and take the applicable action. If the abandoned propertv IS on private oropertv. the private property owner shall be provided notice and assessed the cost of removai of thc abandoned prupertv and anv required clean-up of the private property. (i) Rezislralion of abandoned rea! oroDerlv. (I) Any mortgagee who holds a mortgage on real propert,. located within the City shall perjQITn an I inspection of the property that is the security for the mortgage, upon default by the mortgagor, or issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancv. it shall be deemed abandoned and the mortgagee shall. within ten ( 10 I days of the inspection. register the property with the Cilv's Code Compiiance Administrator. hislher designee. or the Citv's authorized representative, on forms provided bv the Cit,. A registration is required for each vacant propiOrty. (2) If the property is occupied but remains in default, it shall be inspected bv the mortgagee or his designee monthlv until (I) the mortgagor ur other PartY remedies the defauit. or (21 it is found to be vacant or shows evidence of vacancv at which time it is deemed abandoned. and the mortgagee shall. within ten (10) davs of that inspection, register the property with the City's Code Compliance Adm inistrator. - hislher designee. or the Citv' s authorized representative, e1ectronicalh via thLCitvj I website or on forms provided by the Citv. (, S:\CA\( frdinances\Ahanul1ned Proptrty Mam\l:nanu: Code,due 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 I I I I (3 ) Registration pursuant to this section shall contain the name of the mortgagee, the direct mailin i address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile numbe and e-mail address and, the local propertv management companv responsible for the security an maintenance of the propertv and their direct contact name and telephone number of manager. facsimil number and email address, and mobile number for direct contact. (4) An annuai registration fee in the amount of one hundred fifty dollars ($150.001. per propertv, shall accompanv the registration. (5) This section shall also applv to properties that have been the subiect of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and anv properties transferred under a deed in lieu offoreclosure/sale. (6) Prooerties subiect to this section shall remain under the annual registration requirement. sccuiit'v' and maintenance standards of this section as long as thev remain vacant. (7) Anv person or corporation that has registered a propertv under this section must report anv change of information contained in the registration within ten (10) davs of the change. (i) Maintenance reQuirements. (I) In addition to the complving with the City's Propertv Maintenance Code, properties subiect to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, iunk, debris, building materials, anv accumulation of newspapers, circulars, fivers, notices. except those required bv federal. state, or local law, discarded personal items included, but not limited to, furniture, clothing, large and small appliances, printed material or anv other items that give the appearance that the propertv is abandoned. (2) The propertv shall be maintained free of graffiti or similar markings bv removal or painting over with an exterior grade paint that matches the color of the exterior structure. (3) Front. side. and rear vard landscaping shall be maintained in accordance with the City's Code of Ordinances at the time registration was required. 7 S:\CA\Ordmances\Abandoned Property Mamtenance Code,doc ~ r 3 d 4 e 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 (4) Landscape shall include,__ but ,not Q~Jimited t(\--.lliJi~>"S!Q!!nd covers. bushes, shfUbs, h_e_9ges or: similar plantings. decorative rock or bark or artiflciai wrfl sod designed specificaliv for residentiai installation, Landscape sbali not include weeds, graveL broken concrete. asphalt or similar material, (5) Maintenance sball include, but not be limited to, vvatering. irril!3tion. cutting. and mo\\-'ing of required landscape and removai of all trimmin"s. (6) Pools and spas shall be maintained so the water remains tree and clear of pollutants and debris. Pools and spas shall eomply with the enclosure requirements oftbis Code and Florida Building Code. as amended from time to time. (7) Failure of the mortgagee andlor property owner of record to properly maintain the property mal' result in a vioiation of tbis Code and issuance of a citation or notice of violation/notice of hearing by a ritv rode Compliance Officer. Pursuant to a finding and detennination by the City's Code Compliance Board. the City may take the necessary action to ensure compliance with this section. (k) Securilv requirements. (I) Properties subieet to tbis section shall be maintained in a secure manner so as not to be acc!,ssible to unauthorized persons. (2) A "secure manner" sball include, but not be limited to, the closure and locking of windows, do~ gates and other openings of such size that may aliow a child to access the interior of the property andlor structure. Broken windows shall be secured by re-~lazin~, (3) A local propertY management com pam shall be contracted to perfonn bi-weekly insoel:tions tll veri1\; compliance with the requirements ofthis section, and anv other applicable laws. (4) The propertY shall be posted with the name and twenty-tour (241.bour contact phone number of the locai propertv management company. The posting shali t>e no less than an eight-inch by tencinch sign. The posting shall contain the following langua~e: THIS PROPERTY IS MANAGED BY: (Name ofpropertv managemcllt.f9mpan\) S S-\CA\urdinanct's\Aballdoncd Propt:rty Maintenance Code d{lc 3 4 5 6 7 8 9 10 11 12 ]3 14 15 16 17 18 19 20 21 22 'J' "--") 24 -y .:...) 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 TO REPORT PROBLEMS OR CONCERNS CALL: (Telephone number ofpropertv management companv) The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible, or secured to the exterior of the building/structure facin!( the street to the front of the property so it is visible or, if no such area exists, on a stake of sufficient size to support the posting in a location as close as possible to the main door entrance of the property, Exterior posting shall be construeted of and printed with weather-resistant materials. (5) The loeal property management companv shall inspect the property on a bi-weeklv basis to ensure that the property is in compliance with this section. Upon the reauest of the City, or its authorized representative. the local property management companv shall provide a copv of the inspection reports to the Code Compliance Department. (6) Failure of the mortgagee andlor property owner of record to properlv maintain the property mav result in a violation of this Code and issuance of a citation or notiee of violation/notice of hearing bv a City Code Compliance Officer, Pursuant to a finding and determination by the City's Code Compliance Board, the City mav take the necessary action to ensure compliance with this section. (I) Opposinz, obstructinz enforcement officer; venaltv. Whoever opposes. obstruets or resists anv City officer or any person authorized by the City in the discharge of duties as provided in this section, upon conviction shall be punished as provided in herein, (m) lmmunitv of Code Comvliance Officer. Anv Code Compliance Officer or anv person authorized bv the City to act pursuant to the City's Code of Ordinances, or state law. shall be imm une from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (n) Additional authority. The City's Code Compliance Administrator. his/her designee. or the City's authorized representative shall have authority to reauire the mortgagee andlor owner of record of anv property affected by this section. to implement additional maintenance andlor security measures 9 S:\CA\Ordinances\Abandoned Property Maintenance Code.doc 17 18 19 inclu.fiine. but not limited tn. st,;curim!jill~l~Jld all dC\Q~viI14~)v. OL9~h~Ls:-~peni.ngs., ~rD:.pJovm~Tn_Df an o on-site security guard. or other measures as mav be reasonabiv required to ~~ventJurther decline of the proper!\'. (0) Adootion of rules: exoenditure of funds: declaration of Iflunicioal ouroose. The Cit\' Manager. consistent with hislher duties and authorities under the _ City Charter, including those duties and authorities relating to emergencv situations, is authorized and empowered to adopt rules and reguiations and expend Cit\' funds as mav be reasonablv necessary and available to carrv out the terms of this section, the expenditure of such funds being declared a proper municipal purpose. 3 4 5 6 7 8 9 Section 3. Each and every other provision of the City of Boynton Beach Code of 10 Ordinances not herein specifically amended, shall remain in full force and effect as originally 11 auopted. 12 Section 4, All laws and ordinances applying to the City of Boynton Beach in 13 conflict with any provisions of this ordinance are hereby repealed. 14 Section 5. Should any section or provision of this Ordinance or any portion thercof ] 5 be declared by a court of competent jurisdiction to be invalid, such decision shall not aiTect the 16 remainder of this Ordinance, Section 6, Section 7. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immcdiatd). FIRST READING this day of ,200'!, 10 S:\CAIUrdlnanccsIAbandoncd Prupeny MainH:nancc Code d\IL I SECOND, FINAL READING AND PASSAGE this day of 2 2009, 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor -- Jerry Taylor 8 9 10 Vice Mayor -- Woodrow 1. Hay 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Jose Rodriguez 17 18 ATTEST: 19 Commissioner- Marlene Ross 20 21 Janet M. Prainito, CMC 22 City Clerk 23 24 (Corporate Seal) 25 26 11 S:\CA\Ordmances\Abandoned Propeny Maintenance Code,doc ;r " y ",C' :::..--~-., .. \ i. '\ f .. i:: , ~o>~., _,{"'U "'01-1 \' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI XII. - LEGAL - 2nd Reading Non-Development ITEM S.2 Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be Commission Meetin~ Turned in to City Clerk's Turned in to Legal Turned in to Procurement Dates Office n Sentember 1. 2009 Au.uS! 17, 2009 Au.ust 12. 2009 Au.ust 10. 2009 X SeDlember 14, 2009 August 31, 2009 August 26, 2009 Au.ust 24, 2009 0 October 6, 2009 SeDtember 14. 2009 September 9.2009 Sentember 7, 2009 0 October 20, 2009 October 6, 2009 SeDtember 30, 2009 SeDtember 28. 2009 0 Announcements/Presentations n City Mana.er's Reoor! NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda X Leoal 0 Code Comoliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: 2'. Reading - Approve amendment to the Code of Ordinances, Section 16-61 and 16-62, providing administrative clarity and adding language in the ordinance that requires advance notification when leaving vehicles andlor trailers at the park for more than three (3) days by patrons actively involved in fishing andlor boating activities. EXPLANATION: Boat Club Park is one of the busiest boat launching facilities in Palm Beach County. This 9.5 acre park provides boaters direct access to the Boynton Inlet, and features four ramps, six holding docks, public restrooms, picnic pavilions and a small building that is used by the local Coast Guard Auxiliary and as a venue for small meetings and various recreation activities. Staff recommends adding language to the ordinance prohibiting the storage of vehicles andlor trailers at the park. Although the current ordinance allows for extended parking at the park for fishermen and boaters actively engaged in fishing or boating, there have been several cases in which trailers have been left unmoved for many weeks. Additionally, language is added to regulate parking of vehicles without trailers, PROGRAM IMP ACT: Changes to the ordinance will allow staffto restrict extended parking at the park for only those individuals actively engaged in fishing or boating and to better regulate where vehicles are parked, FISCAL IMP ACT: nla / / epartment Head's Signatuf es to the ordinance, ~;l-R~ City Manager's Signa~~ - Assistant to City Manager ~ AL TERNA TlVES: Recreation & Parks Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 12 I ORDINANCE NO, ()'J - o..{ I ') 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 PART II, CHAPTER 16, "PARKS AND RECREATION", 6 ARTICLE II, "CITY PARKS AND BEACHES", SECTION 7 16-60, "ESTABLISHING HOURS OF USE AT CITY 8 BOAT CLUB PARK" AND SECTION 16-61, "BOAT 9 LAUNCHING AND TRAILER PARKING USER FEE AT 10 THE BOAT CLUB PARK"; CREATING A NEW 11 SECTION 16-62, "ENFORCEMENT", PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, City statr has reviewed Sections 16-60 and 16-61 of the Code of 16 Ordinances and recommended modifications to improve the functioning of the Boat Club 17 Park: and 18 WHEREAS, the City Commission for the City of Boynton Beach finds that amending 19 Sections 16-60, 16-61 and creating a new Section 16-62 of the City's Code of Ordinances is 20 in the best interest of the health, safety. and welfare of the citizens of the City of Boynton 21 Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above IS true and correct and 26 incorporated herein by this reference. 27 Section 2. Part II, Chapter 16. "Parks And Recreation". Article 11, "City Parks and 28 Beaches", Section 16-60, "Establishing Hours of Use at City Boat Club Park" and Section 16- 29 61, "Boat Launching and Trailer Parking User Fee at the Boat Club Park" are hereby 30 amended as follows: 31 i') Sec. 16-60. Establishing hours of use and terms uf use at city Boat Club Park. 33 34 J..!!.L The Boat Club Park shall be closed at 10:00 p.m. to all persons. except ter!Jj 35 fishermen; afld-(1Lboaters actively engaged in fishing or boating or preparation 36 thereof; and (3) official permit holders utilizing the boat club building, 1 S:\CA\Ordinances\Boat Club Park Amendment.doc 1 2 3 4 5 6 7 8 9 10 ]1 12 13 14 15 16 17 18 19 20 21 22 fQL,....aHfl-!i-t shall be unlawful for anyone, except the enumerated persons, to enter said park between the hours of 10:00 p,m. and dawn of the next day, (ct') The Boat Club Park shall not be used for storage of anv kind, including but not limited to storage of vessels, vehicles, and trailers, (dB) No tether, lock, or other personal propertY shall bepelmanently attached to any fixtures, trees, or other obiects on the Boat Club Park Premises, (ei) Any decal holder actively engaged in fishing or boating or preparation thereof for a period of three (3) days or more shall notifv the Citv in writing in advance, The City shall tag the trailer andlor vehicle of any such decal holder as an "Extended Stay" vehicle. Any vehicle or trailer that remains in the Park for three (3) davs or more without prior pennission from the City shall be rcmoved, towed, or otherwise disposed of at the owner's expense, (f) Vehicles without a trailer may onlv park in designated areas for single vchicles. Sec. ] 6-61, Boat launching and trailer parking user fee at the Boat Club Park. (a) The purpose of this section is to establish an annual and daily boat launching and trailer parking user fee for the City's Boat Club Park and to establish ,mles and regulations related to the use of the Park, 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (b) The City shall charge a $50,00 annual decal fee, On weekends and holidays, those who do not have an annual decal may pay a aM $10,00 dailv fee, There is no dailrfee for non-decal holders during the weekdays (Mondav through Friday). (c) The City shall not differentiate between residents and non-residents of the County or the State while processing decal applications. (d) (1) Decals will be issued to an applicant on an annual basis October 1 to September 30 upon satisfactory completion of appropriate application forms, commencing October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the ball). Decals placed on a trailer other than the one for which it was originally issued shall be constmed to be void, (2) In the event that the trailer to which the permanent decal was issued has been sold or otherwise changed ownership and/or in the event a properly issued decal is mutilated and can be identified, the decal will be 2 S:\CA\Ordinances\Boat Club Park Amendment.doc ] replaced for a charge of twent}-liv<: dollars ($25.()() I provIded the holder 2 can return an identifiable portion 01 the mutilated decal 1u the Clt' In the 3 event the holder of a lost or mutilated decal cannot provide an identJiiabk 4 portion or part of the decal, the charge I"l' a rcplacement decal wili he the 5 sum of fifty dollars ($50.001. 6 7 Ie) Dail:,--u_,cr fce '.vill--+equire tk~1-H ohtain -u--(~~l. ~*' 8 cKpire:; 21 hours aftcr i~"alUnce. 9 10 (J.f) Unpemlitted boatsBoats, vessels and trailers that do not have a lawfullv 11 issued decal shall bc -are-subject to a $25 fine. 12 13 (gi) Enforcement: The City Police Depal1ment ie; hereby gi\'en the po',\cr and 14 duty to eHforce this article and shall hme the power to mal:e lawful urrests for the 15 \'iolat;on of the pfll',.ision_~ hereof. .'\nyonc found tn hayc vioiated :Jny prclYision of 16 thi~; :Jection shall be punieJhed l:,; pro\'ided for in thi:: chapter or ao; olher'?,'i.:c 17 provided by-lit'Wc 18 19 {hl;J ~hcald uny ~;cc,ti(~;"l u. t-;~C~;:::;;;::;;~. :~f' :;~;:_~ :'~c::;::;~~ '-" i-;(;7'~;;J;-: :~;::~'.::(,:', a;-:~. 20 paragraph. ::entencc or \yord be declared by u court of conlpetent juri:;diction to be 21 invalid, slIch deci:;ion .;hall not. affect the-J't'Tlllii~t:l-1lis-sec."ltlID, 22 23 24 Section 3. Chapter 16, "Parks and Recreation", Article II "City Parks and 25 Beaches" is hereby amended by creating a new section 16-62 as follows: 26 27 Scc. 16-62. Enforcement. 28 29 -1 he en, Police Depat1ment is hereb, f,(iVell the powcr and duty to enforce this 30 article and shal.l ha\:e th~ow'er t9 make ia.wful arrests Ii)]' the vio]atio_n_of the 31 provisions hcrcof. Anvone found to have violated all\' provision of this ~ectiull 32 shall bc punished as provided ftJr in this chaPter or as otherwise provided h\ la\\ 33 34 35 Section 3. Eaeh and every other provision of Chapter 16, not herein specifically 36 amended shall remain in full lorce and effect as previousiy enacted. 37 Section 4. All ordinances or parts of ordinances in cont1iet herewith be and the 38 same are hereby repealed. 39 Section 5. Should any section or provision of this ordinance or portion hereof any 3 S:\CA\Ordinances\Boat Club Park Amendment.doc paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 2 such decision shall not affect the remainder of this ordinance, 3 Section 6, Authority is hereby granted to codify said ordinance, 4 Section 7, This ordinance shall become effective immediately, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (CORPORATE SEAL) 36 ,2009, FIRST READING this _ day of AND PASSAGE this SECOND, FINAL READING ,2009, day of CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M, Prainito, CMC City Clerk 4 S:\CA\Ordinances\Boat Club Park Amendment.doc XII. - LEGAL ITEM E.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM c:: en w ~"'" ("')--0 """':m ~"o ~'~ -:: -~;:z:. J)'- <:;.> ;I:: '" ..,., 1;>' <"'> :r ::a ..". Requested City Date Final Form Must be Date Final Form Must be Date Final Fonn Musm ';; Commission Meet\m! Turned in to Citv Clerk's Turned in to Le12:al Turned in to ProcuremMlt ~ Dates Office 0::- td, u Seotember 1, 2009 Au.ust \7, 2009 Au.ust 12, 2009 Au.us! 10, 2009 tsl Seotember \4, 2009 Au.us! 31. 2009 Au.us! 26, 2009 August 24. 2009 0 LJ Consent A enda o (it Mana er's Re ort o New Business IZI Le al - other Unfinished Business NA TVRE OF AGENDA ITEM o Announcements/Presentations Administrative o RECOMMENDA TlON: Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement Liens totaling $472,119.74 as of August 24, 2009, held by the City on real property owned by Ralph & Rosie, Inc" located at 2007 South Federal Highway. EXPLANATION: The business located at 2007 South Federal Highway continues to be the source of on-going code violations. The City is seeking authority to foreclose on !hree liens which the City has acquired on the property. SITE PLAN MATTER . Code Enforcement Case No. 07-429 involves a failure to obtain City approval for site plan modifications. In late 2006, a Chickee Hut was installed on the property without prior site plan modification approval. The Code Enforcement Board found a violation, and certified a fine and imposed a lien on the property. Ralph & Rosie's filed an appeal of the certification order in Palm Beach County Circuit Court. The City won that lawsuit, including a successful appeal of a stay order to the Fourth District Court of Appeal. . Notwithstanding the outcome of the legal challenges to the lien, Ralph & Rosie has yet to bring the property into compliance, Complianee requires approval of a site plan modification. . City staff has attempted to work with Ralph & Rosie to attain compliance, but Ralph & Rosie has not acted in accordance with the comments and requirements of City staff on the issues. . The accrued fine for the lien is $452,634,12 as of August 24, 2009. The fine will continue to accrue until compliance is certified by the City at a rate of $500 per day. . The 2008 Property Appraiser records indicate that the property is appraised at the following values: Improvement Value: $190,706 Land Value: $212,560 Total Market Value: $403,266 S:\BULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM SIGN CODE VIOLATIONS . There are two liens recorded against the property located at 2007 South Federal Highway for sign violations. Ralph & Rosie filed appeais in Palm Beach County Circuit Court to challenge the liens, but after its attorney withdrew and Ralph & Rosie failed to obtain substitute legal counsel for the appeals. the court dismissed both appeals. . Both of the sign violations were corrected and brought into compliance. fhe Code Lien certified on November 19, 2007 is $8,012.66 The Code Lien certified on December 16,2007, is $11.472.96. The City Anorney's Office has reviewed the title work for the property located at 2007 South Federal Highway, and there is a twenty (20) year mortgage in the original amount of $225.000, dated September II, 200 I. The mortgage has priori!) and that encumbrance will survive the foreclosure. Pursuant to the requirements of Chapter 162, Florida Statutes, the City's request to authorize t'orcclosurt: was approved b) the City's Code Enforcement Board on August 19.2009. PROGRAM IMPACT: The property located at 2007 South Federal Highway is the source of on-going code issues. and despite knowledge of the violations and direction on how to comply, the property owners have not remedied the out"landing violation. The Chickee Hut was constructed without obtaining site plan modification approval, which is required since ingress, egress, parking and seating capacity issues are among the issues affected by the structure. Although the Chickee Hut does not require building permits since it was cunstructed by the Seminoles. it must meet zoning requirements. In addition. Ralph & Rosie had at one time installed electrical and plumbing under the structure \vithout obtaining the necessary huilding permits for such. These improvements were removed once the City pursued enforcement of building code regulations against owe of the owners of the property, Ralph Devita. In addition, due to the code violations and outstanding liens, the City Code prl;vents Ralph & Rosie from obtaining a business license tax receipt, formerly known as an occupational license. Ralph & Rosie continues to conduct business on the site despite the lack of the local business license, which is the result of its failure to remedy the outstanding violations and satisfy the outstanding liens. Foreclosure of the liens will enable the City or another party to obtain title to the property located at 2007 South Federal Highway. subject to the mortgage, unless the matter E settled through the course of the litigation. FISCAL IMPACT: To date, the City has incurred significant enforcement expenses, including substantial staff time reviewing the- issues, me-ding and corresponding \vith the owners of Ralph & Rosie, and attempting to resolve the issues. 111 addition, due to the litigious nature of Ralph & Rosie. the City has incurred significant legal expenses in defending the appeals tiled by Ralph & Rosie. including the necessity of filing an appeal to the Fourth District Court of Appeal of an order that should not have been requested by Ralph & Rosie, and was entered erroneously by the circuit l.:ourt. which if permitted to stand would have eliminated the ability to enforce any matten against Ralph & Rosie (including possible building <.:odc and noise violations) while the code appeal was pending. Additional legal fees and expenses will be incurred in the litigation. However. a successful foreclosure action should conable the City to recover its costs and expenses incurred in enforcing its codes against Ralph & Rosie. ALTERNATIVES: The City could permit the lien in Case No. 07-429 to continue to accrue at the rate of$500.00 per day until compliance. This would leave the violation in place, and to date Ralph & Rosie has not appeared motivated to "vork \\lith the City on compliance. The City could also consider an injunction case against Ralph & Rosie. seeking to close the business until its local business tax receipts are paid and current, which could not occur until cDmpliance is achil.:vt:d and the liens satisfied. ,\-\!:H,'L!YflN\FORl'vlS\A(il-]\[)i\ ITEM RFQI1FST Fe )RM [)(,(' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM This would result in legal fees in the same manner as the foreclosure case, and an injunction may be seen as a drastic remedy which a court may be hesitant to grant notwithstanding the merits of the City's G.se. City Attomey JJr62.~ City Manage~ Signatur<;, t to City Manager ~ ~~ Department-Head's Signature Department Name Attorney I Finance SIBULLETINlFORMSIAGENDA ITEM REQUEST FORM. DOC 1~~mg~llfi~IIBIIIIIIIII The City of Bovnton Beach City Clerk', OfficL' 100 E BOYNTON BEACH BLVD BOYNTON BL"CH FL :J:q:i~ (561) 742-6u6u Fl":X: (561) 74~-6()Y(j e-mail: prainitojr[l::.ci.buynton-beach.t1.us \V\V\v boy'nton beach.urg CFN 20(J13Dl'71440 OR 8K 23243 PG 0388 RECORDED OS/211200'3 11,1'" 1J Palm Beach County, Plorida Sharon R, Bock,CLERK ~ COftPTROLLER Pgs 0388 - 393; (5pgs) CERTIFICATION I, JUDITH A. PYLE, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached recorded lien #07-429 consisting of five (5) pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 21st day of May 2009. "I r ,..' . I 'u/', -/;/. _,--I,: d. '- /.' :' 7L:.l.~- ! ,f JU'OITH A, PYLE ' DEPUTY CITY CLERK (SEAL) :.J ) '-.J =::::'1 .-< _'" '0 -< "~-:"1 IV 0':' ':;:~ "1 ~~ ",. ::0: co .' ;t: ,;~ ;::;'n'l ..r- ,~q).;:J. ~ -~ N S' '( '(',ilP ,:erlrfiCQIIUnS c(',"II:h.'ci,'l,l/,' - <'./,"1/ r:{r ".)"~'.jr', /l/J/(;.'ril'll's Uafe1hl.l {II (he (;lIltsfretlJl7 Ilmim~m~m~u.m.~~U.".UIR~ CFN 201ZJ71ZJ196162 OR BK 21654 PG 1092 RECORDED 04/24/2007 07:17:53 Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pgs 1092 - 1095; (Spgs) CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO. 07-429 CITY OF BOYNTON BEACH, Petitioner, VS. RALPH & ROSIE INC, Respondent(s), ORDER IMPOSING PENALTIES/LIEN THIS CAUSE came before a public hearing before the Code Enforcement Board of the City of Boynton Beach, Florida on February 21. 2007, aiter due notice to the Respondent(s), at which time the Board heard testimony under oath, received evidence, and issued its findings of fact and conclusions of law and thereupon issued 'Its oral order which was reduced to writing and furnished to the Respondent(s). Said Order required the Respondent(s) to take certain corrective action by the time certain, as more specifically set forth In that Order with a compliance date of March 3, 2007. Under oath, the Code Officer testified to the Board that the required Page 1 of 2 Book21654/Page1092 Page 1 of 5 corrective action was not taken as ordered. This case did not compiy Accordingly, II having been brought to the Board's attention that the Respondent(s) did not comply with the Order dated 3/5/07, il is hereby ORDERED that Respondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of five hundred dollars ($500,OO) per day for the violation(s) that exist at 2007 S. Federal !::h:':iL Boynton Beach, Florida, more fully described as: HAPPY LANE BOYNTON E 30 FT OF L T 25, L T 26 & )I, INT IN PRIVATE 18 FT RD L YG N OF & ADJ TO & N 10 FT OF S 1010 FR OF E Y, OF NE Yo L YGW OF SR 5 (LESS W 569.70 FT), according to the plat thereof as recorded in Plat Book 2 Page 159, of the Public Records of Palm Beach County, Florida. peN: 08-43-45-33-02-000-0251 From March 3, 2007. which was the date previousiy set by the Board's order lor compliance unlillhe date of compliance plus administrative costs in the amount of $96.03 for each inspection totalling $384.12 for 4 inspections and $250.00 filing fee, This Order can be recorded and shall constitute a lien against the above described property pursuant to Chapter 162 of the Florida Statutes. Ordered this Cott\ dayof.1YJ& n -' , 2007, at Boynton Beach, Palm Beach County, Florida. =yy~'~(~ Michele ostantlno CHAIRPERSON CODE ENFORCEMENT BOARD CiTY OF BOYNTON BEACH ATTEST: {tOLl: m. ~ C' Y Clerk c: File FILED APR 0 2 2007 CITY CLERK'S OFFICE Page 2 of 2 Book21654/Page1093 Page 2 of 5 . The City of Boynton Beach Police Department ".4. CFA Acen.dJt~d uw Enfortt:rQmt Agency" /00 E. BO)'TIton BtJ/Ir:i18ouJc~.rr1 BO)'flton Bueh, Flor/da 3]1/25.0310 Fhon~ (561) 74Z.6JO{l Fu: (SG1) 742.6/85 G. Matthew Immlu, Chld'o' Poller:. ScalI BIIUJ~ Code Complbwre Adm/lIb'tn/a, Phone: (551) 74Z-6/2(} FAX: (561) 741-6838 . AFFIDAVIT OF NON-COMPLIANCE DATE: 311912007 RE: 2007 S FEDERAL HWY CASE#: 07-00000429 CITY OF BOYNTON BEACH, Petitioner VS RALPH & ROSIE INC 2007 S FEDERAL HWY BOYNTON BEACH, FL 334356906 !, ( ~ ~' . ), have had the violation, as described in the above-referenced Code Compliance case, personally inspected or researched and find said violation, is NOT in compliance with the Code of the City of Boynton Beac~,. 2007. Affiant ;-...... STATE OF FLORIDA COUNTY OF PALM BEACH, S5: Personally appeared before me, the undersigned authority Scott Blasie, Code Compliance Administrator and aclmowledged that he did execute the foregoing affidavit. Swomtoandsubscribedbeforeasthis~dayof ,', ,,',' '.' 1 2007. ;, Notary PublIC, State offlorida .. - .. . .'''n' ___....._"' _......., .") ,",UH''''''''''UlJ ~,...t-''''-.)' Filed thlS_ day of ,2007 : "A f" ~ ,..,., ~."'" ,~I!\I~l "j :,,.......'.lG~.i. ,. (V)MM:!";~:!m~ {IOj'l';HJ~"'" i i::~C1C]r::~. neT ~; "OOi I ,t.O ~" I "'J~- I,"': ~'~:~O..~:~j Book21654/Page1094 Page 3 of 5 BEFORE THE CODE COMPLIANCE BOARD OF THE CITY OF BOYNTON BEACH, FLORIDA CASE NUMBER: 07-429 CITY OF BOYNTON BEACH, FLORIDA Petltloner, vs, CODE COMPLIANCE BOARD ORDER RALPH & ROSIE INC. Respondent(s). THIS MAnER came before the Code Compliance Board for hearing on the 21ST day of FEBRUARY, 2007 After considering the testimony and evidence the board finds: 1. Respondent(s) owns the Property, which is the subject of this Code Board proceeding 2. A violation or violations existing on the Property as set forth in the Notice of Violation is/are as follows: PT3-lDR. CHAPTER 4 SEC,11, PT3,LDR.CH4. SEC 2.A.3. 3. The Respondent(s) has/have been properly provided with Notice of Hearing and appeared at Ihe hearing. It is therefore, ORDERED AND ADJUDGED THAT 1. Respondent(s) shail correct the violation(s) by 3/3/07. 2 If the Respondent(s) will not comply with this Order, a fine in the amounl of $500.00 Page 1 of 2 Book21654/Page1095 Page 4 of 5 r ! is imposed each day the violatlon(s) exist(s) past the date set for compliance or for each time the violation(s} has/have been repeated plus administrative costs. Once a fine is certified, that Order shall thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a lien upon the property located at: 2007 S. FEDERAL HWY., BOYNTON BEACH, FL, and more particularily describad as: HAPPY LANE BOYNTON E 30 FT OF LT 25, LT 26 & Y, INT IN PRIVATE 18 FT RD LYG N OF & ADJ TO & N 10 FT OFS 1010 FR OF E y, OF NE Y. LYGW OF SR5 (LESS W 569,70 FT), according to the plallhereof as recorded in Plat Book 2 Page 159, ofthe Public Records of Palm Beach County, Florida. PCN: 08-43-45,33-02-000-0251 3, Respondent(s) shall advise the Code Compliance Division within 24 hours after the viofation(s) have/has been corrected, The Code Compliance Officer assigned to this case wlfi verify the status of the vioiation(s), ORDERED AND ADJUDGED after hearing at Boynton Beach, Florida, IhiOltl-day Of~, 2007, CODE COMPLIANCE BOARD STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the County aforesaid to take acknowledgments, personelly appeared Michele Costantino Chairperson of the Code Compliance Board of the City of Boynton Beach, Florida, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. (;, 11. ~ . p Witness my hand and seal In the County and State lasl aforesaid this S - day of /llffA.Jlr-' , 2007. A TrEST: Q~/It,~ NOT MY PUBLIC My Commission Expires D MAR 0 6 2007 CITY CLERK'S OFFICE 1"'1" ~~t ~~~ DIANE M. SPRINGER MY COMMISSION #00310345 EXPIRES. OCT 21, 2007 80nded Ihrough 1.51 Slate Insurance Page 2 of2 Book21654/Page1096 Page 5 of 5 11111 ijH11I III ij 111111111 II HIIII...II. The City of Bovnton Beach City Clerk',; uffice IO() E BOYl\jON BEACH BLVD BOYJ\TTON BL"CH FL :J34:l.S (561) '42~6()6() F1\.'>;: (561) 742~6()yo e-mail: pr3initoj@ci.bo).ntonbeach.f1.lls WWW.hoynlon-heach.mg CFN 200'301~'143'3 DR BK 23243 PG 0382 RECORDED OS/21/2009 11:1'3:i3 Palm Beach County, Plorida Sharon R, Bock,CLERK & COftPTROLLER Pgs 0382 - 387; (6pgsl CERTIFICATION I, JUDITH A. PYLE, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached recorded lien #07-1992 (originally recorded on 12/03/2007) consisting offive (5) pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 21st day of May 2009. .. , .) " -.-----,~ / / . . ~f. jC, ~J./ (; /J;,c( / .1 JUOITH A. PYLe.! ,I (/ DEPUTY CITY CLERK ..-., co -< '- , (SEAL) ::0- -, -~ N r. CD ~.~ '::~ ... - ._". ::;;: '.' '-,z - 'I .. -r.&."D N ~t'i: ;::';. W ,'l~ ~ 5. l ~I ':Irr' '-t'.'-.r~/ha!I")/]S',"L"'{!!ll:(iIJ()/] !.IC'I} ;;!; - .;_"1 ')1' Anll!ricd 's GU(CH'Ll.l' to ,hl' (7u/1s1n'dll1 Ilti~rn~m~m~u~m3M~rnBMfiDI~fi erN 20070542015 OR BK 22290 PG 1282 RECORDED 12/03/2007 10:08:53 Palm Beach County, Florida Sharon R. BOak,CLERK & COMPTROLLER Pga 1282 - 1286; 15pgal CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO, 07-1992 CITY OF BOYNTON BEACH, Petitioner, vs. RALPH & ROSIE INC. Respondent(s). ORDER IMPOSING PENAL T1ES/lI EN CEASE & DESIST TH IS CAUSE came before a public hearing before the Code Enforcement Board of the City of Boynton Beach, Florida on October 17, 2007, after due notice to the Respondent(s), at which time the Board heard testimony under oath, received evidence, and issued its findings of fact and conclusions of law and thereupon issued its oral order which was reduced to writing and furnished to the Respondent(s), Said Order required the Respondent(s) to take certain corrective action by the lime certain, as more specifically set forth in that Order with a cease and desist of October 27, 2007. Under oath, the Code Offieer testified to the Board that the required Page 1 of 2 Book22290/Pag e 1282 Page 1 of 5 corrective action was not taken as ordered. This case did not comply Accordingly, it having been brought to the Board's attention that the Respondent(s) did not comply with the Order dated 10/30107, it is hereby ORDERED that Respondent(s) pay to the City of Boynton Beach, Flo(,da, a fine in the amount of two hundred fifty dollars ($250.00) per occurance for 22 occurances for the violation(s) that exist at 2007 S. Federal Hwv., Boynton Beach, Florida, more fully described as: HAPPY LANE BOYNTON E 30 FT OF LT 25, LT 26 & Yo INT IN PRIVATE 18 FT RD L YG N OF & ADJ TO & N 10FT OF S 1010 FT OF E Yo OF NE % L YGW OF SR 5 (LESS W 569.70 FT), according to the plat thereof as recorded in Plat Book 2 Page 159 and Plat Book 21 Page 33, of the Public Records of Palm Beach County, Florida. peN: 08-43-45-33-02-000-0251 FromOctober 27, 2007, which was the date previously set by the Board's order for compliance until the date of compliance plus administrative costs in the amount of $96.03 for each inspection totalling $2,112.66 for 22 inspections, $250.00 filing fee and $150,00 attorney's fees, This Order can be recorded and shall constitute a lien against the above described property pursuant to Chapter 162 of the Florida Statutes. Ordered this Cl'1 +h day of n f"{ , 2007, at Boynton Beach, Palm Beach County, Fiorida, vy\~l~.r~ Michele Costantino CHAIRPERSON CODE ENFORCEMENT BOARD CITY OF BOYNTON BEACH .~ cFile FILE'D NOV 3 0 2007 em CL.ERK'S OFFice Page 2 of :2 Book22290/Page1283 Page 2 of 5 The City of Boynton Beach POLIOE DEPARTMENT "A CFA AOCREDITED LA. W ENFORCEMENT AGENOY~ 100 E. BOYNTON BEAOH BOULEVARD BO'YNTON BEACH, F'LORIDA 83425-0310 PHONE: (56.V 742-6100 FAX.. (561) 742-6185 G. .MATTHEW JM:MLER, CHJ:EP' OF POLIOE SOOTT BLASIE, CODE CQMPLIANCEl ADMINISTRATOR PHONE: (S6:JJ 7;1S-61!/O FAX: (56)) 742-8838 AFFIDAVIT OF NON-COMPLIANCE CEASE AND DESIST DATE: 11/19/07 RE: 2007 S FEDERAL HWY CASE # CITY OF BOYNTON BEACH, Petitioner VS RALPH AND ROSIE INC 2007 S FEDERAL HWY BOYNTON BEACH, FL 33435 I, ( ~:1, ), have had the violation, as described in the above- referenced Code Compliance case, personally inspected or researched and fiod said violation, is NOT in compliance with the Code of the City of Boynton Beach as of November 19, 2007. Affiant \.:s: STATE OF FLORIDA COUNTY OF P AIM BEACH, ss: Personally appeared before me, the undersigned authority Scott Blasie. Code Compliance Administrator and acknowledged that he did execute the foregoing affidavit. Sworn to and subscribed before as this ;1( J day of ~ 2007. ~A ~J:ud~f;;da My Commission expires: Filed this day of ,2007 NOTARY PUllUC-STATE OF FLORIDA "."'""" Diane M, Springer , . i Commission #DD711070 \. ,./ EKpires: OCT, 21,2011 BoNDED TRiO ATIAN'IlC BONtlI1lG co..!No. AMb'HICA '8 GATltlVA Y 1'0 'THE GULFSTREAM Book22290/Page1284 Page 3 of 5 BEFORE THE CODE COMPLIANCE BOARD OF THE CITY OF BOYNTON BEACH, FLORIDA CASE NUMBER: 07-1992 CITY OF BOYNTON BEACH, FLORIDA Petitioner, vs. CODE COMPLIANCE CEASE & DESIST BOARD ORDER RALPH & ROSIE INC. Respondent(s). THIS MATTER came before the Code Compliance Board for hearing on the 17'" day of OCTOBER 2007. After considering the testimony and evidence the board finds: Respondent(s) owns the Property, which is the sUbject of this Code Board proceeding. 2. A violation or violations existing on the Properly as set forth in the Notice of Violation is/are as follows' LDR CH 20 ART I SEC 8 F13, CH21 ART 11. SECTION 3. 3. The Respondent(s) has/have been properly prov\ded with Notice of Hearing and appeared at the hearing. ft IS the ref Ole, ORDERED AND ADJUDGED THAT' 1. Respondent(s) shall Cease and Desist the violation(s) by 10127107 2. If the RespondenHs) will not comply with this Order, a fine in the amount of $250.00 is imposed Page J uf2 Book22290/Page1285 Page 4 of 5 for each time the violation(s) haslhave been repeated plus administrative costs. Once a fine is certified, that Order shall thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a lien upon Ihe property located at: 2007 S. FEDERAL HWY" BOYNTON BEACH, FLORIDA, and more particularly described as: HAPPY LANE BOYNTON E 30 FT OF L T 25, L T 26 & Y, INT IN PRiVATE 18 FT RD LYG N OF & ADJ TO & N 10 FT OF S 1010 FT OF E Y, OF NE IH YGW OF SR 5 (LESS W 569.70 FT), according to the pial thereof as recorded in Plat Book 2, Page 159 and Plat Book 21 Page 33 of the Public Records of Palm Beach County, Florida. PCN: 08-43-45-33-02-000-0251 3, Respondent(s) shall advise the Code Compliance Division within 24 hours after the violation(s) have/has been corrected. The Code Compliance Officer assigned to fh;s case will 'Verify the status of the vlolation(s). ORDERED AND ADJUaGED after hearing at Boynton Beach, Florida, this '(;,(1' day of ~ ,2007. Richard Yerzy, First Vice STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the eounty aforesaid 10 take acknowledgments, personally appeared Richard Yerzv, First Vice Co.-Chairperson of the Code Compliance Board of the City of Boynton Beach, Florida, to me known to be the person described in and who execuled the foregoing instrument and he acknowiedged before me that he executed the same. / /J Witness my hand and seal in the County and Stale last aforesaid this '<,r\ > day of ()~ 2007. A TrEST: N&~~~ .~A~ Yn.P~ FILED OCi 3 G 2007 CITY CLERK'S OFFICE My Commission Expires NOTARY PUBUC.sTATE OF FLORIDA l""""" Diane M. Springer i ~ koll1ll\iaBion #DD711070 \,,"",/ Expires: OCT. 21, 2011 BO:iUI:O'llUIU ATI..UmC IlONPINlJ co., me. Page2of2 Book22290/Page1286 Page 5 of 5 111111111111111 ~IIIIII.II B~n 1I1i11111 The City of Bovnton Beach City Clerk's CJftiee 100 E BOYC'ITON BEACH lJL\'[) BOTh iON BEACH 1'L :n4:c.l (561) 742-6060 FA-X: (561) ~42-60go e-mail: prainitujlglci.boyntonlwach.fl.us WW\\ .buynlon~beuch.org ':~PN 2,JO'301.':' 14.38 OR BK 23~43 PG 037b RECORDED OS/21/200S 11:t9:13 Palm Beach County, Plorida Sharon R. Bock,CLERK & COKPTROLLER Pgs 0376 - 381; (6pgs' CERTIFICATION I, JUDITH A. PYLE, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached recorded lien #07-1992 (originally recorded on 02/04/2008) consisting of five (5) pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 21st day of May 2009. 1 ~-".. I --~_. ...., "'/ I'" i ;, , I ~ -, r I --,,--:'{,_',-_ (L\. 'L- It.. t. '( i ,'Ct__ / n JU))ITH A. PYLE DEPUTY CITY CLERK (SEAL) sz :/)!1lf 9Z,:tIHG~ Y;I '(':H'/".(.'("'l.'I/UIIII'lIS u'rfllJi ullrJlI- lien ;t!1 ';,"1,,/1,( :J '; I ' ,- -~ H'i4.11_...:\., :;;'" ~,3i ~"(' ~ ,',' I~'- .~. J ,~,. . ..'- r\.:. AmeriL'u's Gt.1!CH'U\ t() the' C;u/1Sr/'l..'LUl1 1~~mMmlw~m~DM~nWIIVIIR CFN 20080041548 OR BK 22420 ?G 1021 RgCORDgD 02/04/2008 15:32:24 . Palm Beach County,. Florida Sharon R. Bock,CLERK & CO"PTROLLER Pgs 1021 - 1025, l5pgs) eOOE eOMPLlANeE BOARD CITY OF BOYNTON BEACH, FLORIDA CASE NO. 07-1992 CITY OF BOYNTON BEACH, Petitioner, VB. RALPH & ROSIE INC, Respondent(s). / ORDER IMPOSING PENALTIES/LIEN CEASE & DESIST THIS CAUSE came before a public hearing before the Code Enforcement Board of the City of Boynton Beach, Florida on October 17, 2007, after due notice to the Respondent(s), at which time the Board heard testimony under oath, received evidence, and issued its findings of fact and conciusions of law and thereupon issued its oral order which was reduced to writing and furnished to the Respondent(s). Said Order required the Respondent(s) 10 lake certain corrective action by the time certain, as more specifically set forth In that Order with a cease and desist of October 27, 2007. Under oath, the Code Officer testified to the Board that the required Page 1 of 2 Book22420/Page1021 Page 1 of 5 corrective action was not taken as ordered. This case did not comply. Acccrdingly, it having been brought to the Board's attention that the Respondent(s) did not comply with the Order dated 10/30/07, it is hereby ORDERED that Respondent(s) pay to the City of Boynton Beach, Florida, a fine In the amount of two hundred fifty dollars ($250.00) per occurance for 30 occurances for the violetion(s) that exist at 2007 S. Federal Hwv.. Boynton Beach, Florida, more fully described as: HAPPY LANE BOYNTON E 30 FT OF LT 25, LT 26 & Yo INT IN PRIVATE 18 FT RD L YG N OF & ADJ TO & N 10FT OF S 1010 FT OF E 1, OF NE % L YGW OF SR 5 (LESS W 569.70 FT), according to the platlhereof as recorded in Plat Book 2 Page 159 and Plat Book 21 Page 33, of the Public Records of Palm Beach County, Florida. peN: 08-43-45-33-02-000-0251 From October 27,2007, which was the date previously set by the Board's order for compliance until the date of compliance plus administrative costs in the amount of $96.03 for each inspection totalling $3,072.96 for 32 inspections, $250.00 filing fee and $650.00 atlorney's fees. This Order can be recorded and shall constitute a lien against the above described property pursuant to Chapter 162 of the Florida Statutes. Ordered this ~ day of ~"Y' ' 20cta at Boynton Beach, Palm Beach County, Florida. jY)~ QOO~~ Michele Costantino CHAIRPERSON CODE ENFORCEMENT BOARD CITY OF BOYNTON BEACH ATTEST: ~ FILED JAN 0 7 ZOOS CITY CLERK'S OFFICE Page 2 of 2 Book22420/Page1022 Page 2 of 5 The City of Boynton Beach POLIOE DEPARTMENT "A CFA ACOREDITED LA.1V ENFOROBMENT A.GENCY~ )00 E. BOyNTON BEACH BOU[,EVARD BOYNTON BEACH. FLORiDA .9.'142$-0310 PHONE: (,'$61) 742-6100 PAX: (56]) 74[!~6185 G. MA'EI'IIEW' IMMLER. OHIJj]Ji' OF POLICE SCOT'I'Bl~ASlE. CODE ODMPT"IANOm" ADMINISTRATOR PHONE: (56}) 742-6130 FAX: (561) 742.6888 AFFIDAVIT OF NON-COMPLIANCE CEASE AND DESIST DATE: \2/19/07 RE: 2007 S FEDERAL HWY CASE #: 07-0001992 CITY OF BOYNTON BEACH, Petitioner VS RALPH AND ROSIE INC 2007 S FEDERAL HWY BOYNTON BEACH, FL 33435 1, ( < 'S ' ), have had the violation, as described in the above- referenced Code Compliance ease,.personalty inspected or researched and find said violation, is NOT in compliance witb the Code ofthe City of Boynton Beach as of December 19, Z007; J Affiant ( ~ -. STATE OF FLORIDA COUNTY OF PALM BEACH, ss: Personally appeared before me, tbe undersigned authority Scott Blasie, Code COIIlpliance Administrator and acknowledged that he did execute the foregoing affidavit, ... f Swom to and subscribed before as this / q day of ~ 2007. ~\ Notary Public, State of Florida My Commission expires: Filed this J Cf day of lJe.a.~ , 2007 NOTARY PUllLIC """"". .STATEOFFLORlDA {.~lJ$.\ Tanya Guim \'%'9'/COIlll!11'~oD #DD6238D2 >>0';;;<"" EXPires: DEC. 20,2010 b TIiRb' ATLAh'11~BQNDmG CQ.,nvc, AMERICA '8 GATEW,1 Y TO THE GTlLPF,TRliJAM Book22420/Page1023 Page 3 of 5 BEFORE THE CODE COMPLIANCE BOARD OF THE CITY OF BOYNTON BEACH, FLORIDA CASE NUMBER: 07-1992 CITY OF BOYNTON BEACH, FLORIDA Petitioner, vs. CODE COMPLIANCE CEASE & DESIST BOARD ORDER RALPH & ROSIE INC. Respondent(s). I THIS MATTER came before the Code Compllanca Board for hearing on the 17TH day of OCTOBER 2007. After considering the testimony and evidenca the board finds: 1. Respondent(s) owns the Prqperty, which Is the subJect of this Code Board proceeding, 2, A violation or violations existIng Dn the Property as set forth in the NotJce of Violation .Isiare as follows: LOR CH20 ART I SEC 8 F13, CH21 ART II, SECTiON 3, 3, The Respondent(s) has/have been properiy provided with Notice of Hearing and appeared at the hearing. It is therefore, ORDERED AND ADJUDGED THAT: 1. Respondent(s) shall Cease and Desist the vlolation(s) by 10127/07. 2. if the Respondent(s) will not comply with this Order, a fine In the amount of $250.00 is imposed Page 1 of2 Book22420/Page1024 Page 4 of 5 lor each time the vlolalion(s) has/have been repeated plus admlnJslrative costs. qnce a fine is certified, that Order shalllhereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a lien upon the property loealed at: 2007 S~ FEDERAL HWY., BOYNTON BE.A.CH,. FLORIDA, and more particularly descnbed as: HAPPY LANE BOYNTON E 30 FT OF L T 25, LT 26 & Y, INT IN PRIVATE 1B FT RO LYG N OF & ADJ TO & N 10 FTOF S 1010 FT OF E Y,OFNE IHYGW OF SR 5 (LESS W 569.70 FT), ac:cordlnglo the plat thereof as recorded In Plat Book 2, Page 109 and Pial Book 21 Page 33 of the Public Records of Palm Beach County, Florida. peN: OB-4345.33-02-00(l.()251 3. Respondent(s) shall advise the Code Compllance Division within 24 hours after the vlofat/on(s) have/has been cOr!ected. The Code Compliance Officer assigned '0 'his case wilf verify the status orthe violat/on(s). ORDERE~:O AND ADJU&GgD after hearing at Boynton Beach, FlorIda, this },(J' deyof ~ J ,2007, STATE'OF FLORIDA COUNTY OF PALM BEACH r HEREBY CERTIFY that on this day, before me, enoffjoer duly authorized in the Countyaforesal9 to t?lke acknowledgments. personally appeared-Richard Yarzv First Vice Co-ChaIrperson of the Code Compliance Board of the City of Boynton Baact1, FJ~rlda, to me known to be the person descrIbed in and who executed the foregoing instrument and he acknowledged bef?re me .1hat he executed the 5l3me. ~ Witness my hand and seal In the County and Stale last aforesaid thIs '<.0 ~ day of I) 2007. ATTEST: ~AO~A ~~ NOTARY PUBLIC A' FILED OCT 3 0 2007 CITY CLERK'S OFFICE My Commission Exp~s NOTARY PUBUC-STATR OP f'LORIDA /.""~ DIIlIl. M. Springer 1~ CoIllllllsBl"UDD7I1070 "....", Exp1m: OCT. 21, 2011 SD:fl.l!Il nDlD' ATt.UI1'lC BONllD'iO ca, me PlIge20f2 STATE OF FLORIDA, PALM BEACH COUNTY I hor.by "rilly !halth. foregoing Is a true copy ;" '2.arflh':7)rd~Olflce. , THIs'.....2..DAY OF GG ,20ffi . SHARON ~ BOCK K &,c0 OLlER By Book22420/Page1025 Page 5 of 5 e CITY OF BOYNTON BEACH XII. - LEGAL ITEM E.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Date Final Fonn Must be Date Final Form Must be Meetino Dates in to Cit" Clerk's Office Turned in to Leoal Turned in to Procurement 0 Sentember 1, 2009 Auoust 17, 2009 Awru't 12,2009 Auoust 10, 2009 1)(1 Sentember 14, 2009 Auoust 31, 2009 AWillst 26, 2009 Auoust 24, 2009 -IT 0 NATURE OF AGENDA ITEM AnnouncementsIPresentations RECOMMENDATION: Conduct impasse hearing to resolve Wage Article of Collective Bargaining Agreement for fiscal year 2009-10. EXPLANATION: The current Collective Bargaining Agreements between the City and the PBA concerning the three police bargaining units (Patrol, Sergeants, and Lieutenants) do not expire until September 3, 2010, Each of those Agreements contains the following language which allows for re- opened negotiations of the Wage Article. In the event of the passage of a State Constitutional Amendment or State Legislative Enactment which will alter or affect the flow of revenue to the City during the term of this agreement, the wage/rate of pay articles of the Agreement may, at the written request of the City, be reopened for negotiations. Reopened negotiations shall commence and be concluded within forty-five (45) calendar days of the date the City gives written notice to the PBA ofthe City's request to reopen negotiations. If an agreement is not reached within forty-five (45) calendar days, the negotiations shall be deemed at impasse and the impasse issue shall be submitted to the City Commission at the second Commission meeting following the expiration of the forty-five (45) days. The City and the PBA waive the appointment of as special magistrate to resolve the impasse and agree that the City Commission shall resolve the impasse issues in accordance with the provisions of 447.403 Florida Statutes. During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the PBA, or, in the event the reopened negotiations do not result in a ratified agreement, as imposed by the City Commission through the impasse process. The City provided notice to the PBA on May 15, 2009 and re-opened bargaining commenced on June 23,2009, but no agreement regarding adjustment of wages has yet been reached. Since no agreement has been reached, the City Commission must resolve the wage issue in accordance with the above referenced provision of the Collective Bargaining Agreement. C:\Documents and Settings\lavernerel\Local Settings\Temporary Internet Files\OLK5B\Agenda Item Request - Sep 142009 (PBA Impasse) SA Draft 2 (3).doc <<It CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The role of the Commission at this point is to: I. Conduct a public hearing at which the City Manager and a PBA representative shall be required to explain their positions regarding wages for Fiscal Year 2009-10. 2. Take such action as the City Commission deems to be in the public interest, including the interest of the employees involved, to resolve the disputed impasse issue. PROGRAM IMPACT: Modification of wages is not expected to impact the services provided by the Police Department. FISCAL IMPACT: The recommended budget for Fiscal Year 2009-10 is based on a wage freeze for all City employees. The additional budgeted appropriation required to fund the current wage requirement of the Collective Bargaining Agreement of the PBA concerning the three police bargaining units (Patrol. Sergeants, and Lieutenants) for Fiscal Year 2009-10, but excluding a 2% cost of living adjustment (COLA) can be estimated under the following assumptions. $ 0 $ 247.000 $ 247,000 $ 19,000 $ 74.000 $ 340.000 2% cost of living adjustment effective October I. 2009 will not be given 4.63% average merit/step increase effective April 1, 2010 (equal to current year) Total Fiscal Year 2009-10 wage increase Additional Social Security and Medicare taxes Increased Pension Costs determined as a percentage of payroll Total Fiscal Year 2009-10 added budget required The above does not include the added budget requirements for all other City employees. The impact for all employees if consistently applied to the above is $1,130,000 of which $840,000 will have an impact on the General Fund, (Both amounts include the $340,000 and assume that the COLA will not be given to any City employees) AL TERNA TIVES: Direct the City Manager to withdraw the request for re-opener and maintain the contract status quo for the tinal year of the Collective Bargaining Agreement. This alternative will require that the City Commission appropriate an additional $1,130,000 for a personnel services increase over the current level of personnel services plus additional amounts for similar increases of other City employees. The Commission will need to identify a source of funds for the appropriation. '<.j .-! - j i.. _ .... _.~- . 7-"1 L- -'--....."._--~-- _~,...,-x..!I. .tYManager's Signatur~, to Ci Mana;er~ .Il.- ," /\_^ Ji . /jt71,.,~~ "- , )t__'>.: "(',-"'l-' ,~~, ttorney / Finance City Attorney Department Head's Signature Department Name C:\Documents and Settings\Javcrrierel\Local Settings\Temporary Intcrnet Files\OLK5J3\A.genda Item Request - Sep 142009 (PH A Impasse) BA Draft 2 (3j.doc ~UG,31.2009 3:56PM PYlllt'1\H'&IABOIl1d. lo1ullWal\lla1l PBSO I'tuIMnt BmeolW, Oealp Retlrocl-WPllPD Eueollw D/N<IO/' Rld1.W McAfee PBSO Vi"..P,.1Ident Lou PcIIq1Ic WPBPD n-.,.,. VinCOIIt OIly PeIny IIeIOb I'D S.otfftU'Y Reber! Odoll Palm .llOlllll 0mleaI PI) $".-rtM_ NO, 691 P. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. 2100 N.l'kldlIl MaDao RollI' _ Palm BCIIlh. PI. 3~' (561) 689-3745' (561) 617-0154 Fu ........~.... August 31, 2009 Sent by Facsimile: (561) 742-6011 And Reaular U.S. ..U Kurt Bl8I8ner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33436 Re: City of Boynton E\each and PBA ('Wagelnrte of pay" Reopeners) Dear Mr. Bressner: A.s you know, this organiZatlon Is the sta18 certified exclusive coUective bargBlnlng Atpresentative for v1rtuaDy eU of the sworn law enforcement personnel In your Police Department; subject of thm (3) leparate Agreemenlll with the CIty (for police olfIcel'$ and detectives, sergeants, and for lieutenants, respectively). Aa )Iou know, 1110, pursuant to Ident/osl provisions In each Agreement, the City reopened for negotiations "the wage/rat8 of pay" ar1icles In liD 3 Agreements. Notwithstanding the Atlat1vely abbreviated window for "negotiations" $8fabJ/ahed by each of the 3 identical provJ&lone, thle office agreed wtth Chief Immler to an extension of time In order to more fully explore the prosped$ for a negotlatad resolution. The expanded IItIl..rUAfne for negotiations. however, cannot expand the nalTOW scope or said negotiations. Therefore, the CIty's proposed reduction In the number of vacation days, among other things, 18 beyond 1ho8e mlltters spec/f/cally Identified as "reopened for negotiations," Consistent with our commitment to the Agreemflnlll, the PeA is ready and willing to work cooperatively with the City in thee dlft1cult tImes. AccordIngly, the PBA will aooept the pay freeze acrosa-the-board proposed by the City, and discu$8ed at the outaet of negotlirtlonl; albeit, for six (8) months, until April 1. 2010. By clelaylng any Increase to "wage/rate of pay" for all 3 bargaining unilB members, the City will save nearly $400,000, Said savings, together with the federal grant monies for police salaries, de18rAtd comp/etlon of the new Pollee facility, and the Increased millage rate, should permit reanimation of the Parties' The Voice of Palm Beach County '. Law Ellforr;emUlt AUG, 31. 2009 3: 56PM NO. 69 i p negotiated PlY plans after the 6 montha, to their Aprll 1, 2010 levels. Thereafter, the Parties will be In pC8ltlon to convene collective bargaining negotiations towards SUCC8880r Agreements. To the extent that any tentative Agreements to the aforementioned pay "freezes- will require ratification votes by each bargaining unit and the City CommlAlon, further de. are In neither PartY. lnWreat. Accordingly, we request your consideration of the foregoing offer at the earliest possible convenience. Should you have any questions or concerns about the PBA'. proposal, pleallQ do not heslt8te to Qd me. GUam Co: John KazanJian, Preeldent Matthew Immler, Chief of Police Toby Athol, PBA Rep Frank Ranz\e, PBA Rep Kelly Han1s. PBA Rap Craig Anthony, PBA Rep