Agenda 04-27-11 Searchable
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
Boynton Beach
Boynton Beach
WEDNESDAY, APRIL 27, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
Marlene Ross
Vice Mayor – District IV
William Orlove
Commissioner – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
We’re Reinventing City Living for
The Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may 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).
2 of 820
1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
B. Informational Items by Members of the City Commission
A. Appointment and Swearing in of Vice Mayor
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim the month of May as Building Safety Month. Accepting the proclamation is
Andrew Mack, Building Official.
B. Proclaim the week of April 24th to the 30th, 2011, as Preservation Week. Accepting
the proclamation will be Anne Watts, Assistant Library Director.
4. 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)
5. ADMINISTRATIVE
A. Accept the resignation of Susan Indilicato, a regular member of the Golf Course
Advisory Committee
B. Accept the resignation of James Brake, a regular member of the Code Compliance
Board
C. Accept the resignation of Barbara Lentz, a regular member of the Arts Commission
D. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
3 of 820
6. 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. PROPOSED RESOLUTION NO. R11-051 - Approve the proposed contract with
AECOM TECHNICAL SERVICES of West Palm Beach, Florida as the selected firm
for the partial design services for repair and/or partially replace/relocate a portion of
the “STORMWATER BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH”
in the amount of $22,000, plus direct expenses as specified on the last page (attached
as Exhibit "B") of the task order.
B. Approve expenditure from the Police Department's Law Enforcement Trust Fund
(State Forfeiture) in the amount of $27,000 for donation to the Youth Violence
Prevention Program
C. Accept the written report to the Commission for purchases over $10,000 for the
months of February and March 2011
D. Approve the Minutes from the City Commission meetings held on August 31, 2010,
and April 5, 2011
E. Approve staff's request to reallocate funding to retain the services of the part time
Office Associate position for the Youth Empowerment Center (YEC)
7. BIDS AND PURCHASES OVER $100,000
A. Award “MICRO-SURFACING of EIGHTEEN (18) STREETS IN CITY OF BOYNTON
BEACH to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, Florida with a total
proposed expenditure of $414,457.80 plus an 8 percent (8%) contingency in the
amount of $33,156.62 for a total estimated project cost of $447,614.42. This includes
both the micro-surfacing and the line restriping when deemed necessary.
B. Award Co-op bid with City of Delray Beach for Chemicals and Fertilizer to various
vendors as listed below as the lowest, most responsive, responsible bidders who meet
all specifications with an annual expenditure of $100,000
C. Approve the Bid for "ANNUAL CONTRACT FOR HARDWARE SUPPLIES AND
ELECTRICAL COMPONENTS" Bid # 026-1412-11/MFD to the following five (5)
companies: AAA Tool Supply, Fastenal Company, Graybar Electric Co., Southern Star
Fasteners and World Electric Supply on an overall basis, to the lowest, most
responsive, responsible bidders who met all specifications.
D. PROPOSED RESOLUTION NO. R11- 048 - (1) Approve the list of top ranking
qualifiers identified by the Evaluation Committee from the responses received to the
Request for Qualifications RFQ #059-2821-10/CJD for the scope of services (A - E),
4 of 820
"TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING
SERVICES FOR THE CITY OF BOYNTON BEACH" ; and (2) authorize the Utilities
Department and Recreation/Parks Department to conduct negotiations for
compensation of services with the recommended qualifiers according to Florida State
Statute 287.55, Consultants' Competitive Negotiations Act, (attached) as Exhibit "C"
(TABLED ON 04-05-11).
E. PROPOSED RESOLUTION NO. R11-052 - Approve City Departments to utilize the
State of Florida Contract for Multifunction Copiers, Service and Supplies with Konica
Minolta under Contract number 600-000-11-1 when replacing existing equipment
F. Approve the Bid for "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK
PARTS AND ACCESSOIRES" Bid # 031-1412-11/MFD to the following seven (7)
companies: Bennett Auto Supply, Cold Air Distributors, General GMC, The Parts
House, South Florida Emergency, Total Truck and Vehicle Maintenance Program on
an overall basis, to the lowest, most responsive, responsible bidders who met all
specifications with an estimated annual amount of $140,000
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve negotiated settlement of $10,000 in Garfield Johnson v. City of Boynton
Beach
9. PUBLIC HEARING
7 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. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the
abandonment of 18.2-foot wide unimproved alley located between West Ocean
Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street.
Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss
and resolve issues raised at the Board hearing and/or recently identified involving
alternative access, access easements, property maintenance and liability. Date
certain tabling will ensure that the required legal ads/public notices are preserved.
B. PROPOSED ORDINANCE NO. 11-016 - FIRST READING - Amend Code of
Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee Schedule to
provide for a five percent (5%) increase in Business Tax fees.
10. CITY MANAGER’S REPORT
A. Staff update on Historic High School Planning Charette that took place on March 26,
2011.
5 of 820
11. UNFINISHED BUSINESS
A. PROPOSED RESOLUTION NO. R11-049 - Appoint an Ad Hoc Committee for Special
Events - TABLED ON 3/15/11
B. Accept staff report regarding transparency in City Government and the "Open
Wellington" webpage.
12. NEW BUSINESS
NONE
13. LEGAL
A. (1) Accept a payment from PBS&J in the amount of $39,897.86 as the final settlement
of design-related issues causing excess construction costs incurred on the SE Federal
Highway / SE 4TH Street Water Main and Drainage Improvements projects and
(2) Approve City payment of the final invoice for $15,781.00 from PBS&J to close out
Task Order No. U04-16-2 approved by the City Commission on February 17, 2004
B. Charter Review Committee Appointment -TABLED ON 3/15/11
C. PROPOSED ORDINANCE NO. 11-013 - SECOND READING - Approve amendment
to add provisions and standards (CDRV 11-001) to the Land Development
Regulations (LDR), Chapter 2, Article II General Provisions, Section 8, to
accommodate solid waste collection sites and temporary housing during periods of
declared emergencies. Applicant: City-initiated.
D. PROPOSED ORDINANCE NO. 11-014 - SECOND READING. - Approve the staff
initiated creation of a City of Boynton Beach Green Building Program Ordinance.
E. PROPOSED ORDINANCE NO. 11-015 - SECOND READING - Approve the
recommended revisions to the City of Boynton Beach Personnel Policy Manual
(PPM). The revisions to the PPM update the manual so that it properly reflects the
intent and purposes of the current City personnel programs, eliminates outdated
policies and provides flexibility to management
14. FUTURE AGENDA ITEMS
A. Report and recommendation on Old High School Feasibility Study by REG Architects
and Staff - 5/3/11
B. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11
C. Follow-up on salaries and expense accounts for City Commissioners - 5/3/11.
D. Naming opportunities for the Congress Avenue Barrier Free Park - 5/3/11
6 of 820
E. Discussion regarding Economic Development, incentives and allocation of funding for
the City of Boynton Beach - 5/17/11
F. Staff report in response to Code of Ordinance restrictions for vehicle size in residential
districts - 5/17/11
G. Follow-up on Downtown Redevelopment Workshop - 5/17/11.
H. Discussion of a proposed committee to be assigned to explore a Green Market for the
City of Boynton Beach in 2011 - TBD
I. Continued discussion on development of Dog Park - 7/19/11
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,
HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH
PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES
WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY
CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION
OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS
ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN
BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
7 of 820
2. A
OTHER
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Appointment and Swearing in of Vice Mayor
EQUESTED CTION BY ITY OMMISSION
ER: In accordance with Chapter 2, Administration, Sec. 2-1.2 of the
XPLANATION OF EQUEST
City of Boynton Beach Code of Ordinances, the City Commission is required to appoint one of
its members to serve as Vice Mayor. Any member who has not previously served as Vice
Mayor during his/her current term of office may be selected to serve as Vice Mayor.
H? The appointment of a Vice Mayor is
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
necessary for the continuity of City business in the event the Mayor is unable to perform his
duties
FI: None
ISCAL MPACT
A: None. Appointment of a Vice-Mayor is required under the Code and Charter.
LTERNATIVES
8 of 820
9 of 820
3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Proclaim the month of May as Building Safety Month.
EQUESTED CTION BY ITY OMMISSION
Accepting the proclamation is Andrew Mack, Building Official.
ER: The Development Department Requests that the City Commission
XPLANATION OF EQUEST
declare the month of May as Building Safety Month in order to help promote citizen awareness
of building safety, energy efficiency, water conservation and sustainability.
H? Raise citizen awareness of building
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
safety, energy efficiency, water conservation and sustainability.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
10 of 820
P R O C L A M A T I O N
Whereas, our City’s continuing efforts to address the critical issues of safety, energy efficiency, water
conservation and sustainability in the built environment that affect our citizens, both in everyday life and in times
of natural disaster, give us confidence that our structures are safe and sound, and
Whereas, our confidence is achieved through the devotion of vigilant guardians – building safety and fire
prevention officials, architects, engineers, builders, laborers and others in the construction industry—who work
year-round to ensure the safe construction of buildings, and
Whereas, these guardians-dedicated members of the International Code Council – develop and implement the
highest-quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and
Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention code in the
nation, are used by the State of Florida as the base code for the Florida Building Code; these modern building
codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms,
tornadoes, wildland fires and earthquakes, and
Whereas, Building Safety Month is sponsored by the International Code Council and International Code Council
Foundation, to remind the public about the critical role of our communities’ largely unknown guardians of public
safety – our local code officials – who assure us of safe, efficient and livable buildings, and
Whereas, “Building Safety Month: An International Celebration of Safe and Sensible Structures” the theme for
Building Safety Month 2011, encourages all Americans to raise awareness of the importance of building safety;
green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry.
Building Safety Month 2011, encourages appropriate steps everyone can take to ensure that the places where we
live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been save
due to the implementation of safety codes by local and state agencies, and
Whereas, each year, in observance of Building Safety Month, Americans are asked to consider projects to
improve building safety and sustainability at home and in the community, and to acknowledge the essential
service provided to all of us by local and state building departments and federal agencies in protecting lives and
property.
Now, therefore I, Jose Rodriguez, Mayor of the City of Boynton Beach, do hereby proclaim the month of May
2011, as
Building Safety Month
and encourage our citizens to join with their communities in participation in Building Safety Month activities.
th
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of April, in the year two thousand eleven.
____________________________________
Jose Rodriguez, Mayor
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
11 of 820
3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
thth
RACC:Proclaim the week of April 24 to the 30, 2011, as
EQUESTED CTION BY ITY OMMISSION
Preservation Week. Accepting the proclamation will be Anne Watts, Assistant Library Director.
ER: Some 630 million items in collecting institutions require immediate
XPLANATION OF EQUEST
attention and care. Eighty percent of these institutions have no paid staff assigned
responsibility for collections care; 22 percent have no collections care personnel at all. Some
2.6 billion items are not protected by an emergency plan. As natural disasters of recent years
have taught us, these resources are in jeopardy should a disaster strike. Personal, family, and
community collections are equally at risk.
The American Library Association encourages libraries and other institutions to use
Preservation Week to connect our communities through events, activities, and resources that
highlight what we can do, individually and together, to preserve our personal and shared
collections.
H? The Proclamation will promote public
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
awareness of all the Library’s services and increase its customer patronage.
FI: N/A
ISCAL MPACT
A: Not approve the Proclamation.
LTERNATIVES
12 of 820
P
R O C L A M A T I O N
WHEREAS, libraries, museums, archives and other organizations work every day to preserve
cultural history;
WHEREASover 4.8 billion artifacts are held in public trust by more than 30,000 archives,
,
historical societies, libraries, museums, scientific research collections and archaeological
repositories in the United States;
WHEREASsome 2.6 billion items are not protected by an emergency plan such as natural
,
disasters and 1.3 billion of these items are at risk of being lost;
WHEREAS, if billions of items are at risk at our heritage institutions, then plausibly trillions of
items held by the general public are at risk;
WHEREAS, Preservation Week at your library encourages sharing your treasures with your
family and community and where your heritage is their heritage;
WHEREAS, the Boynton Beach City Library Local History & Archive acquires, preserves,
indexes and makes available items and information documenting and reflecting the history of
Boynton Beach;
WHEREAS, is a time to make sure your treasures will last to tell your or your family's personal
history at your library during
Preservation Week 2011.
NOW, THEREFORE, be it resolved that I, Jose Rodriguez, Mayor of the City of Boynton
thth
Beach, proclaim National Preservation Week, April 24 to the 30, 2011. I encourage all
residents to visit the Library this week to learn more about preservation resources available at
your Library and take action to preserve our heritage.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City
th
of Boynton Beach, Florida to be affixed to this proclamation on the 27 day of April, Two
Thousand Eleven.
________________________________
Jose Rodriguez, Mayor
City of Boynton Beach
ATTEST:
_________________________
City Clerk
(Corporate Seal)
13 of 820
5. A
ADMINISTRATIVE
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the resignation of Susan Indilicato, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Golf Course Advisory Committee
ER: Susan Indilicato has submitted an email resigning as a regular
XPLANATION OF EQUEST
member of the Golf Course Advisory Committee because she has moved from the area.
H? The Golf Course Advisory Committee will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
have a vacant position.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
14 of 820
15 of 820
5. B
ADMINISTRATIVE
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the resignation of James Brake, a regular member
EQUESTED CTION BY ITY OMMISSION
of the Code Compliance Board
ER: James Brake has submitted his resignation stating the reason for
XPLANATION OF EQUEST
the request.
H? The Code Compliance Board will have a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
vacant position.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
16 of 820
17 of 820
5. C
ADMINISTRATIVE
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the resignation of Barbara Lentz, a regular member
EQUESTED CTION BY ITY OMMISSION
of the Arts Commission
ER: Barbara Lentz has submitted an email stating her reasons for
XPLANATION OF EQUEST
resigning as a regular member of the Arts Commission
H? The Arts Commission will have a vacant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
position.
FI: None
ISCAL MPACT
A: None
LTERNATIVES
18 of 820
19 of 820
5. D
ADMINISTRATIVE
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER: The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H? Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI: None
ISCAL MPACT
A: Allow vacancies to remain unfilled.
LTERNATIVES
20 of 820
21 of 820
6. A
CONSENT AGENDA
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-051 - Approve the
EQUESTED CTION BY ITY OMMISSION
proposed contract with AECOM TECHNICAL SERVICES of West Palm Beach, Florida as the selected
firm for the partial design services for repair and/or partially replace/relocate a portion of the
“STORMWATER BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH” in the amount of
$22,000, plus direct expenses as specified on the last page (attached as Exhibit "B") of the task order.
ER: As a follow up to the selection of the consultant for this project at
XPLANATION OF EQUEST
the November 3, 2010 Commission meeting, the Engineering Division of the Department of
Public Works commenced to review, discuss and negotiate a proposal for a concept design
contract for the first two (2) tasks.
Our negotiations commenced on January 4, 2011, during a meeting with the most qualified
consultant, AECOM. Not withstanding several e-mails back and forth, we received the
consultant’s final proposed task order in the base amount of $22,000.
H? The boardwalk in and around the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
stormwater basin is currently in need of serious maintenance. With some creative thinking,
staff believes that the area can be improved sufficiently to minimize future maintenance.
Improvements for the boardwalk(s) and basin area were allocated in the FY 2010/11 CIP
program for the design services, which was rolled over from the previous year CIP program.
Tentative construction funds will be included in the proposed FY 2011/12 CIP Program.
FI: As funding limits were established in the FY 2009/10 CIP program for design
ISCAL MPACT
services at $30,000, and construction in FY 2010/11 program at $300,000, it may be
22 of 820
necessary that construction be carried forth into the FY 2011/12 program, due to time
constraints within the current fiscal year.
The account number is 302-4227-572-63-01 and the project number is GC1002. Depending
on selective improvements deemed necessary from the consultant, and the continuation of a
design contract, staff will be presenting the design and projected costs to the City Commission
in the summer of 2011, with possible construction thereafter pending sufficient funding.
A: Continue to utilize the existing boardwalk and gazebo areas in their
LTERNATIVES
deteriorating state, which could result in a significantly higher maintenance cost in the future,
and/or the elimination of the boardwalk system from usage due to failing materials.
23 of 820
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING A CONTRACT BETWEEN THE CITY
OF BOYNTON BEACH AND AECOM TECHNICAL SERVICES,
INC., FOR THE PARTIAL DESIGN SERVICES FOR REPAIR
AND/OR PARTIALLY REPLACE A PORTION OF THE
STORMWATER BASIN BOARDWALK IN THE AMOUNT OF
$22,000.00 PLUS DIRECT EXPENSES; AUTHORIZE THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE CONTRACT;
AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS,
at the November 3, 2010 City Commission meeting the City Commission of the
Cityof Boynton Beach authorized staff to negotiate with the selected firm for a consultant fee for the
design services for repair and/or partial replacement of a portion of the “STORMWATER BASIN
BOARDWALK FOR THE CITY OF BOYNTON BEACH”; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to approve a contract with
AECOM Technical Services, Inc for the partial design services for repair and/or partially
replace/relocate a portion of the “STORMWATER BASIN BOARDWALK FOR THE CITY OF
BOYNTON BEACH” in the amount of $22,000.00 and authorize the City Manager and City Clerk to
execute the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT
:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
a contract with AECOM Technical Services, Inc for the partial design services for repair and/or partially
replace/relocate a portion of the “STORMWATER BASIN BOARDWALK FOR THE CITY OF
BOYNTON BEACH” in the amount of $22,000.00, a copy of which is attached hereto as Exhibit “A”.
Section 3. The City Commission of the City of Boynton Beach hereby authorizes the City
24 of 820
Manager and City Clerk to execute the contract with AECOM Technical Services, Inc.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of April, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Jose Rodriguez
______________________________
Marlene Ross
______________________________
William Orlove
_______________________________
Woodrow L. Hay
_______________________________
Steven Holzman
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
25 of 820
26 of 820
27 of 820
28 of 820
29 of 820
30 of 820
31 of 820
32 of 820
33 of 820
34 of 820
35 of 820
36 of 820
37 of 820
6. B
CONSENT AGENDA
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve expenditure from the Police Department's Law
EQUESTED CTION BY ITY OMMISSION
Enforcement Trust Fund (State Forfeiture) in the amount of $27,000 for donation to the Youth Violence
Prevention Program
ER: Florida State Statute 932.7055 provides that when a law
XPLANATION OF EQUEST
enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the
proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for
law enforcement purposes upon request of the chief of police to the governing body of the
municipality.
Florida State Statute 932.7055(5)(c)(3) provides that:
…any local law enforcement agency
that acquires at least $15,000.00 pursuant to the Florida Contraband Forfeiture Act within a
fiscal year must expend or donate no less than 15% of such proceeds for the support or
operation of any drug treatment, drug abuse education, drug prevention, crime prevention,
safe neighborhood, or school resource officer program(s). The local law enforcement agency
has the discretion to determine which program(s) will receive the designated proceeds.
In accordance with this statute, organizations receiving funding will provide an accounting for
any monies received. The Youth Violence Prevention Program qualifies to receive funding
pursuant to the Florida Statute. Previously, the Commission approved the expenditure of
$25,000 to the YVPP for an interactive, hands-on car restoration project where Boynton Beach
Police Officers skilled in the process of restoring vehicles instruct and guide the participants
through a complete restoration project. This project is very similar to the previous YVPP
project and will result in a restored BBPD patrol car (2005 vehicle that was being removed
from the fleet) in the colors of the American Heart Association (AHA). The vehicle will be used
at special events throughout the City where heart and stroke survivors will be able to sign the
38 of 820
car utilizing a special paint pen. The display of the automobile will be part of the City's fund
raising efforts for the AHA.
Any funds remaining as a result of donations to the project from the community can be
retained by YVPP.
H? The Youth Violence Prevention Program,
OW WLL THIS AFFECT CITY PROGRAMS OR SERVICES
which at one time was funded primarily through the County Criminal Justice Commission, now
utilizes City funds primarily, provides educational and recreational activities for juveniles who
have entered the juvenile justice system and are in need of guidance, mentoring and services
in order to provide diversion from criminal activity. This project will enhance the program by
providing additional educational and mentorship opportunities.
FI: The Law Enforcement Trust Fund (State Forfeiture) account number 691-
ISCAL MPACT
5000-590-04-25 has a current balance of $185,068. This donation will count towards the 15%
charitable application requirement.
A: Not to fund the project.
LTERNATIVES
39 of 820
40 of 820
41 of 820
42 of 820
6. C
CONSENT AGENDA
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the months of February and March 2011
ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “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.
H? Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists 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.
FI: This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
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
making more timely purchases.
A: None
LTERNATIVES
43 of 820
44 of 820
45 of 820
46 of 820
47 of 820
48 of 820
49 of 820
50 of 820
51 of 820
52 of 820
53 of 820
54 of 820
55 of 820
56 of 820
57 of 820
58 of 820
59 of 820
60 of 820
61 of 820
62 of 820
63 of 820
64 of 820
65 of 820
66 of 820
67 of 820
68 of 820
69 of 820
70 of 820
71 of 820
72 of 820
73 of 820
74 of 820
75 of 820
76 of 820
77 of 820
78 of 820
79 of 820
80 of 820
81 of 820
82 of 820
83 of 820
84 of 820
6. D
CONSENT AGENDA
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 5, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the Minutes from the City Commission meetings
EQUESTED CTION BY ITY OMMISSION
held on August 31, 2010, and April 5, 2011
The City Commission met on August 31, 2010 and April 5, 2011 and minutes were prepared
from the notes taken at the meeting. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City of
Boynton Beach.
H? A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
85 of 820
86 of 820
87 of 820
88 of 820
89 of 820
90 of 820
91 of 820
92 of 820
93 of 820
94 of 820
95 of 820
96 of 820
97 of 820
98 of 820
99 of 820
100 of 820
101 of 820
102 of 820
103 of 820
104 of 820
105 of 820
106 of 820
107 of 820
108 of 820
109 of 820
110 of 820
111 of 820
112 of 820
113 of 820
114 of 820
115 of 820
116 of 820
117 of 820
118 of 820
119 of 820
120 of 820
121 of 820
122 of 820
123 of 820
124 of 820
125 of 820
6. E
CONSENT AGENDA
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve staff's request to reallocate funding to retain the
EQUESTED CTION BY ITY OMMISSION
services of the part time Office Associate position for the Youth Empowerment Center (YEC)
ER:
XPLANATION OF EQUEST
At the November 30, 2010 meeting, the City Commission approved the allocation of $75,000
as a commitment to the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Grant
for the YEC. These funds are to be used to pay the YEC Director’s salary, and to provide
partial funding for some of the service providers. However, the City has discretion on how
these funds are allocated.
The OJJDP grant is an enhancement to the current YEC programs and involves case
management for high-risk youth. The YEC Director is expected to do much more outreach and
recruitment than what was done in the past, which will significantly reduce time available for
office related activities.
Currently, the YEC Director is responsible for the development, management and coordination
of the YVPP program. She develops a variety of public involvement, educational and
community partnership programs to enhance the implementation and administration of
program goals and objectives. This new grant will fund a part-time Case Manager to work with
the YEC Director in identifying youth who need additional services; including needs
assessment, case planning & management, field observations, conducting home and school
visits and preparing case notes and reports for case transfers and court proceedings.
However, this grant does not provide any funding for clerical or administrative support.
The YVPP Office Associate position (part-time) was funded through a grant from the Florida
Department of Law Enforcement (FDLE) via an Interlocal Agreement with Palm Beach County.
126 of 820
The grant period ended March 31, 2011. The purpose of this classification is to provide clerical
administrative support to YEC staff and customer service to YEC clients and visitors.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Office Associate tasks include managing new registration forms, processing 121 payment
requests, inputting data for reimbursement claims, managing YEC database, typing
correspondence, printing forms, making copies, filing, scheduling events, holding teen council
meetings, and answering phones. In addition to alleviating the YEC Director from the
aforementioned clerical duties, the Office Associate would be a presence in the office while the
director is able to go out in the community to inform at risk youth of our programs and get them
registered. During that time, the Office Associate’s presence in the office would allow the YEC
to continue to remain open for the currently registered youth.
The YEC Director will also need to devote significant time towards attracting new providers
that will be able to offer their services at no cost. This will be facilitated through County and
other resources that the YEC Director will now be able to access. By the retaining the Office
Associate position the YEC Director will be able to focus more of her time on programming
than on clerical tasks.
FI:
ISCAL MPACT
Seventy-five thousand dollars ($75,000) was approved by City Commission in November
2010, as a grant commitment for the Youth Empowerment Center. This funding was allocated
to pay for the YEC Director and service providers. However, considering the expectations of
the YEC Director and the amount of clerical support needed grant reporting and management,
we request $11,052 of the seventy-five thousand dollars ($75,000) to fund the YVPP Office
Associate from May 1, 2011 through March 31, 2012 since funds are available to support this
position.
A:
LTERNATIVES
Do not approve staff’s request to reallocate funding to retain the services of the part time Office
Associate position for the Youth Empowerment Center (YEC).
127 of 820
128 of 820
129 of 820
130 of 820
131 of 820
132 of 820
133 of 820
134 of 820
135 of 820
136 of 820
137 of 820
138 of 820
139 of 820
140 of 820
141 of 820
142 of 820
143 of 820
144 of 820
145 of 820
146 of 820
147 of 820
148 of 820
149 of 820
7. A
BIDS AND PURCHASES OVER $100,000
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Award “MICRO-SURFACING of EIGHTEEN (18)
EQUESTED CTION BY ITY OMMISSION
STREETS IN CITY OF BOYNTON BEACH to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration,
Florida with a total proposed expenditure of $414,457.80 plus an 8 percent (8%) contingency in the
amount of $33,156.62 for a total estimated project cost of $447,614.42. This includes both the micro-
surfacing and the line restriping when deemed necessary.
ER: Two (2) years ago, requests for proposal were issued by
XPLANATION OF EQUEST
Procurement Services. However, only two (2) proposals were received and reviewed by the
Department of Public Works/Engineering Division to which the same contractor (Florida
Highway Products, Inc.) met all the specifications. For last fiscal year’s contract, staff desired
to piggy-back with the contract issued by the City of West Palm Beach, Florida to the same
contractor (Florida Highway Products, Inc.), which was awarded by the City Commission on
May 4, 2010.
For this fiscal year (FY 10/11) contract, staff again desires to piggy-back this work by using the
contract issued by Manatee County to the same firm (Florida Highway Products, Inc.) for
similar tasks and requirements. A copy of Manatee County’s purchase order is attached for
your review.
In general, the area of the City to be addressed is located in the south-west area, the
Meadows Park-Boynton Lakes Blvd. segments in the north-west area, and the south-east
miscellaneous area. Please refer to the attached map depicting locations to be addressed.
Depending on observations as the work progresses, street substitutions may be required in
any given area.
150 of 820
H? The purpose of this award is to utilize a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
contractor to micro-surface said eighteen (18) streets in the City which includes crack sealing
and rut filling of existing streets where required for the most advantageous cost of the program.
FI: The approved CIP budget for this project (CP0266) is $675,000 and is funded
ISCAL MPACT
from Account Number 302-4905-580-63-08.
As a cost comparison, micro-surfacing a roadway surface under this contract is $3.05 per
square yard, whereas one inch asphalt overlay of a roadway surface is $8.18 per square yard
th
based on the cost of the Mission Hill Road, Church Hill Road and SW 4 Street area over the
new force main project being completed by the Utility Department). Thus, the cost savings
with the micro-surfacing product as opposed to an asphalt overlay will be $346,028 to the City.
A: None recommended as this is an annual maintenance project that is on-going
LTERNATIVES
to maintain the streets within the City of Boynton Beach. Without this maintenance, our streets
would deteriorate at an accelerated rate and would require more extensive repairs in the
future.
151 of 820
152 of 820
153 of 820
154 of 820
155 of 820
156 of 820
157 of 820
158 of 820
159 of 820
160 of 820
161 of 820
162 of 820
163 of 820
164 of 820
165 of 820
166 of 820
167 of 820
168 of 820
169 of 820
170 of 820
171 of 820
172 of 820
173 of 820
174 of 820
175 of 820
176 of 820
177 of 820
178 of 820
179 of 820
180 of 820
181 of 820
182 of 820
7. B
BIDS AND PURCHASES OVER $100,000
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Award Co-op bid with City of Delray Beach for Chemicals
EQUESTED CTION BY ITY OMMISSION
and Fertilizer to various vendors as listed below as the lowest, most responsive, responsible bidders who
meet all specifications with an annual expenditure of $100,000
ER: This is a joint bid with the City of Delray Beach acting as the lead
XPLANATION OF EQUEST
agency. On August 20, 2010 Delray received, opened and tabulated nine (9) bids for
Chemicals and Fertilizer. The award recommendation was based on low bid per item. Some
items that were substitutes were submitted and approved for award; and when a tie bid
occurred, the award was made to the vendor located closest geographically to Delray Beach
for delivery purposes. All recommended vendors are considered to be lowest, most
responsive, responsible bidders who met all specifications.
Attached is a summary Tabulation sheet showing awarded vendors by item #. The following
companies were awarded part of the bid: Agro dba Prosource, Crop Production Services,
Diamond R. Fertilizer Co., Inc., Golf Ventures Inc., Helena Chemical Company, Howard
Fertilizer & Chemical Co., John Deere Landscapes, Red River Specialties and Univar USA,
Inc.
Contract period: October 1, 2010 – September 30, 2011
H? The provisions of this bid award will allow
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
for a one (1) year extension at the same terms, conditions and prices subject to vendor
acceptance, satisfactory performance and determination that the renewal is in the best interest
of the city.
183 of 820
FI: The purpose of this bid is to establish firm prices for the purchase of Chemical
ISCAL MPACT
and Fertilizers for the various departments. These supplies are ordered on an “As needed”
basis and some items are stocked in the City’s warehouse. The following represents the
amounts budgeted for the years indicated.
Department Account# 2009-2010 2010-2011
Golf Course (Fertilizer) 411-2911-572-52-19 $ 42,420.00 $ 41,000.00
(Chemicals) 411-2911-572-52-21 $ 60,240.00 $ 56,371.00
Warehouse Herbicide 502-0000-141-01-00 $ 3,000.00 $ 3,000.00
Parks Fertilizer 001-2731-572-52-21 $ 3,315.95 $ 2,759.93
Chemicals 001-2731-572-52-26 $ 6,108.00 $ 4,185.00
$115,083.95 $107,315.93
Difference in expenditures is due to budget constraints, integrated pest maintenance and
current drought conditions.
A: To purchase our own Chemicals and Fertilizer and outsource the service
LTERNATIVES
which would be very costly.
184 of 820
185 of 820
186 of 820
187 of 820
188 of 820
189 of 820
190 of 820
191 of 820
192 of 820
193 of 820
194 of 820
195 of 820
196 of 820
197 of 820
198 of 820
199 of 820
200 of 820
201 of 820
202 of 820
203 of 820
204 of 820
205 of 820
206 of 820
207 of 820
7. C
BIDS AND PURCHASES OVER $100,000
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the Bid for "ANNUAL CONTRACT FOR
EQUESTED CTION BY ITY OMMISSION
HARDWARE SUPPLIES AND ELECTRICAL COMPONENTS" Bid # 026-1412-11/MFD to the
following five (5) companies: AAA Tool Supply, Fastenal Company, Graybar Electric Co., Southern Star
Fasteners and World Electric Supply on an overall basis, to the lowest, most responsive, responsible
bidders who met all specifications.
: 20,2011–19,2012
CONTRACT PERIODAPRIL APRIL
ER: On February 24, 2010, Procurement Services opened and
XPLANATION OF EQUEST
tabulated eight (8) bids for Hardware Supplies and Electrical Components. All bids were
reviewed by the Warehouse Manager. It was determined to recommend this award in part to
five (5) companies as overall “LOW BIDDERS”.
The bid is for the period of April 20, 2011 to April 19, 2012 and allow for a one (1) year
extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory
performance and determination that renewal is in the City’s best interest.
PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase
of various hardware supplies and electrical components. These supplies will be ordered on an
“AS NEEDED BASIS” and stocked within the City’s Warehouse.
FI: ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCK ANNUAL EXPENDITURE
502-0000-141-0100 $80,000
A: Obtain quotes on an “as needed” basis which is not cost effective.
LTERNATIVES
208 of 820
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
Carol Doppler, Purchasing Agent
TO:
FROM:
Michael Dauta, Warehouse Manager
March 23, 2011
DATE:
SUBJECT:
Hardware Electrical Bid # 026-1412-11/MFD
I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The
evaluating factors used were A) Pricing; B) Warehouse processing time C) Delivery time.
Last year’s expenditures were $77,325.84. This year’s expenditures will be an estimated $80,000.
Please see notes for item #’s that are in bold.
AAA Tool & Supply
Item(s) #
5,7,9,14,27,28,30,31,71,72,73,76,80,83,84,85,88,91,92,93,94,96,97,99,100,101,106,114,124,125,283,28
4,285
Fastenal Company
Item(s) #
1,3,11,34,35,40,41,42,43,44,46,47,48,53,54,55,56,61,62,64,65,66,68,69,74,75,95,98,103,112,116,121,12
2,123,206,208,262,279,280,281
Graybar Electric Co.
Item(s) # 127,199,200,201,202,203,204,205,207,209,210,211,212,213,214,216,217,218,220,228,
230,231,232,233,234,235,236,237,239,240,241,242,243,244,245,246,247,248,249,250,
251,252,253,254,255,256,263
209 of 820
Southern Star Fasteners Co. Inc.
Item(s) # 18,32,33,36,77,78,79,90,102,126
World Electric Supply
Item(s) # 37,39,57,58,59,81,82,86,87,89,104,105,107,108,109,110,111,113,115,117,118,119,120,
128,129,130,131,132,133,134,135,136,137,138,139,140,142,143,144,145,146,147,148,
149,150,151,152,153,154,155,156,157,158,159,160,161,162,163,164,165,166,167,168,
169,170,171,172,173,174,175,176,177,178,179,180,181,182,183,184,185,186,187,188,
189,190,191,192,193,194,195,196,197,198,222,223,224,225,226,227,229,238,257,265,
266,267,268,269,270,271,272,273,274,275,276,277,278,282
The following items below were low bid from AAA Tool and Supply. However, AAA Tool placed a
minimum quantity order with each. We will order from AAA Tool and Supply if we meet the minimum,
otherwise we will go with the second lowest vendor. The following breakdown illustrates the ordering
process.
Here is the list of items that AAA Tool and Supply subjected a minimum quantity order.
Item(s) # 4,6,8,10,15,16,17,19,20,21,22,23,24,25,26,29,38,45,49,50,51,52,70
Fastenal Company is the second lowest vendor on these items.
Item(s) # 4,6,8,10,21,24,25,26,29,45,49,50
Southern Star Fasteners Co. Inc. is the second lowest vendor on these items.
Item(s) # 19,20,38
The following items do not have a second lowest vendor. We will obtain quotes when placing an
order.
Item(s) # 15,16,17,22,23,51,52,70
The following items were not bid on. We will go out for quotes when it’s time to order
Item(s) # 2,12,13,60,63,67,141,215,219,221,258,259,260,261,264,286
In addition, the following vendors included a discount of % off list for all items not listed on the bid.
AAA Tool & Supply 15% - 25% (Depending on Brand)
Fastenal Company 40% Fasteners / 15% Hand Tools /
20% for everything else
Graybar Electric 20%
Southern Star Fasteners 1%
World Electric Supply 26.5%
CC: Barry Atwood, Director of Finance
210 of 820
211 of 820
212 of 820
213 of 820
214 of 820
215 of 820
216 of 820
217 of 820
218 of 820
219 of 820
220 of 820
221 of 820
222 of 820
223 of 820
224 of 820
225 of 820
226 of 820
7. D
BIDS AND PURCHASES OVER $100,000
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11- 048 - (1) Approve
EQUESTED CTION BY ITY OMMISSION
the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to
the Request for Qualifications RFQ #059-2821-10/CJD for the scope of services (A - E), "TWO YEAR
CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF
BOYNTON BEACH" ; and (2) authorize the Utilities Department and Recreation/Parks Department to
conduct negotiations for compensation of services with the recommended qualifiers according to Florida
State Statute 287.55, Consultants' Competitive Negotiations Act, (attached) as Exhibit "C" (TABLED ON
04-05-11).
ER:
The City has a need for continuing services (“Tasks”) from qualified
XPLANATION OF EQUEST
professions to perform engineering, surveying and architectural/landscape architectural design. The City
estimates as many as 11 or 12 Tasks over the next two years, some of which are planned and some of
which are unanticipated (i.e-resulting from system failures, new policy directives from the City
Commission, or legislative mandates).
The retention of professional on a continuing contract basis to provide services on Tasks less that
$100,000.00 expedites completion of the Task by eliminating the need to imitate a RFP, RFQ or bidding
process for each individual Task.
The process of selection presented by this agenda item is in compliance with Florida’s statutory
Consultants Competitive Selection Act. The Commission’s role at this stage is to:
…select in order of preference no fewer than three firms deemed to be the most
highly qualified to perform the required services. In determining whether a firm is
qualified, the agency shall consider such factors as the ability of professional
personnel; whether a firm is a certified minority business enterprise; past
227 of 820
performance; willingness to meet time and budget requirements; location; recent,
current, and projected workloads of the firms; and the volume of work previously
awarded to each firm by the agency, with the object of effecting an equitable
distribution of contracts among qualified firms, provided such distribution does
not violate the principle of selection of the most highly qualified firms.(Sec
287.055(4)(b), Florida Statutes)
The Consultants Competitive Selection Act is quite explicit with regard to how consultants must be
competitively selected and deviation from the process can result legal challenge and reversal of the
City’s designation of a consultant. Once the Commission determines the order of ranking, the City
Administrative staff and the City Attorney’s Office will commence negotiations in accordance with
CCNA which provides:
The agency shall negotiate a contract with the most qualified firm for professional
services at compensation which the agency determines is fair, competitive, and
reasonable. In making such determination, the agency shall conduct a detailed
analysis of the cost of the professional services required in addition to considering
their scope and complexity.
…Should the agency be unable to negotiate a satisfactory contract with the firm
considered to be the most qualified at a price the agency determines to be fair,
competitive, and reasonable, negotiations with that firm must be formally
terminated. The agency shall then undertake negotiations with the second most
qualified firm. Failing accord with the second most qualified firm, the agency
must terminate negotiations.
The agency shall then undertake negotiations with the third most qualified firm.
The negotiations will include resolving the terms and conditions of a Consultant’s Agreement. The
Consultant’s Agreement will be returned to the City Commission for approval at the conclusion of the
negotiations and before any consulting work is performed.
RFQ #059-2821-10/CJD was issued by Procurement Services on July 7, 2010 on behalf of the Utilities
Department and the Recreation/Parks Department. The Request for Qualifications (RFQ) was provided
to 168 consultant firms throughout the country having a favorable local and/or national reputation to
provide “General Consulting and Engineering Services for the City of Boynton Beach” for assignments
logically tied to the development, operation, and maintenance of City facilities. This work may include
services for design, design-build, permitting, bidding, construction administration, and all miscellaneous
services for the areas of stormwater, public drinking water, wastewater collection and transmission, and
reclaimed water transmission and distribution; and civil works. The work may also include architectural
and landscape design services for parks, public spaces, and recreation facilities.
A total of 37 firms actually obtained copies of the RFQ in anticipation of submitting a Letter of Interest
(LOI) in response to the RFQ. A pre-submittal meeting was held on July 28, 2010, and the deadline for
LOI submittals was August 11, 2010.
Staff Evaluation, ranking and recommendation took longer than expected (August 2010 to February
2011) due to the following factors:
Number of proposals that were reviewed (37)
Number of possible scope of Services per proposal (5)
Five evaluation committee members to review all proposals
Following up on reference checks of respondents
228 of 820
A “Notice of Evaluation Committee Meeting” was issued on February 8, 2011, per Florida State Statutes
286.011. The Evaluation Committee Meeting, which was open to the public and all of the respondents,
was held on February 10, 2011 for the purpose of reading aloud the scores of each respondent by each
individual committee member. Carol Doppler, Purchasing Agent, served as the Evaluation Committee
facilitator.
The RFQ consisted of five (5) distinct scopes of service and consulting firms/engineers were invited to
submit a Letter of Interest (LOI) for any one (1) scope or a combination of any of the five (5) scopes.
Thirty seven (37) individual firms responded to one or more of the following scopes of services resulting
in sixty five (65) individual Letters of Interest as follows:
Scope A 8 firms responding - Water Plant Modifications and Capacity Evaluation
Wellfield Development and Hydrogeology Services
Scope B 20 firms responding - Infrastructure Improvements
Scope C 11 firms responding - Ancillary Studies and Services
Scope D 8 firms responding - Mapping and Surveying Services
Scope E 18 firms responding - Architectural and Landscape Design Services
65
Exhibit “A” is attached indicating the submittals received. A full set of the 37 firms’ submittals will be
placed in the City Commission offices for review and inspection.
A five (5) member Evaluation Committee comprised of Lori LaVerriere, Assistant City Manager,
Michael Low, Deputy Director of Utility Operations, Pete Mazzella, Deputy Director of Utilities
Engineering and Customer Relations, Jody Rivers, Park Superintendent & Chris Roschek, Utilities
Engineering Division Manager reviewed and evaluated all thirty seven (37) submittals using a standard
Weighting Score sheet (attached as Exhibit B). One score sheet was completed for each Letter of
Interest (LOI) submitted. A total of sixty five (65) score sheets were completed by each committee
member and the highest possible score was 500. Spreadsheets were prepared from the individual raw
scores; averages were calculated for each scope and for each committee member; and the averages were
sorted in descending order.
The City expects to select and negotiate a contract with only the most highly qualified firm for each
scope of work as determined through this selection process. This issue was discussed at the City
Commission meeting of April 5, 2011. A review of the specifications noted that the proposal as written
does not permit selection of more than one firm for each scope of work. The Commission may at its
option, select one firm representing either the first, second or third ranked firm for each scope of work.
This can be accomplished by reviewing the staff recommendations or interviewing the firms directly and
then making a selection.
H?
The RFQ was issued to secure the services of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
qualified consultants/engineers for assignments logically tied to the development, operation, and
maintenance of City facilities. Respondents were informed by way of the RFQ that the City was
ultimately looking to contract with one firm per scope that could demonstrate their ability to be
responsive, innovative and cost effective under any or all five (5) scopes of service.
Staff is requesting approval to move forward with the next step in the selection process to enter into
negotiations for fixed prices with the selected firms. Once the staff is able to complete negotiations with
the selected firms, contracts for service will be brought back to the City Commission for approval. Once
229 of 820
contracts for service are then entered into between the City and the individual consultants, task orders
will be issued on an “As Needed” basis not to exceed $100,000.
It should be noted that, although the Florida Statute governing consultant selection allows for a
$200,000 cap per task order on this type of continuing contract, City staff has reduced this limit to
$100,000 so as to allow the City Commission to have greater input in consultant selection for the larger
projects undertaken by the City. Setting this limit will unfortunately increase the time element for
contractor selection for projects with a consultant fee between $100,000 and $200,000, for those projects
will require a separate RFQ process, as will any project with a fee greater than $200,000.
The Evaluation Committee’s shortlist recommendation for award follows:
SCOPE A – WATER PLANT CONSULTANT
MODIFICATIONS, WELLFIELD SCORE
DEV & HYDROGEOLOGY
SERVICES
Globaltech, Inc. 438.53
AECOM Technical Services 436.63
MWH Americas, Inc. 426.30
SCOPE B - INFRASTRUCTURE CONSULTANT SCORE
IMPROVEMENTS
AECOM Technical Services 437.13
Mathews Consulting, Inc. 427.53
Camp, Dresser, & McKee, Inc. 419.78
SCOPE C - ANCILLARY STUDIES CONSULTANT SCORE
& SERVICES
Stanley Consultants, Inc. 437.85
AECOM Technical Services 437.03
Mathews Consulting, Inc. 436.53
SCOPE – D Mapping & Surveying CONSULTANT SCORE
Services
AECOM Technical 430.73
Wantman Group, Inc. 407.63
Erdman Anthony of Florida, Inc. 396.88
SCOPE – E Architectural & CONSULTANT SCORE
Landscape Design Services
AECOM Technical Services 434.98
Song & Associates, Inc. 407.93
Urban Associates, Inc. 407.78
FI:
None at this time
ISCAL MPACT
230 of 820
A:
LTERNATIVES
Accept or modify staff ranking of firms per scope and direct staff to negotiate with top ranked
firm for each scope; and second and third ranked firm if required.
Accept or modify staff ranking of firms per scope and request presentations to the Commission
and Commission determine final ranking of firms per scope and direct staff to negotiate with top
rank firm for each scope; and second and third firm if required. Estimated time would be 4-6
weeks, giving time for Commission presentations, review and ranking.
Reject staff ranking and direct staff to re-issue RFQ with recommended parameters such as
anticipating rotating per scope, this would require re-advertising, submittals, review, ranking and
recommendation to Commission. Estimated time would probably be 3-5 months to get
recommendation back to commission
Reject staff ranking and have staff advertise for each consultant task in accordance with City
purchasing guidelines and/or CCNA requirements.
Specific Engineers/Architects are determined by the scope of work they practice professionally.
According to our Purchasing Policy, any service/commodity under $25,000 requires (3) quotes although
according to the CCNA process “Consultants Competitive Negotiation Act” (Florida state statute
287.055), compensation is vague. This RFQ is establishing task order limits not to exceed $100,000.
Task orders exceeding this amount would require a separate RFQ (based on the project) on an “as
needed basis”.
According to City’s Purchasing Policy:
1.Any general consulting/engineering scopes of work with an estimated cost of $25,000 or
less would require three (3) Letters of Interest.
2.Any general consulting/engineering scope of work with an estimated cost of $25,000 to
$100,000 would require a competitive RFQ process to comply with the Consultant
Competitive Negotiations Act (CCNA) as stipulated – Florida Statutes, Chapter 287.055.
231 of 820
RESOLUTION NO. R11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE LIST OF TOP
RANKING QUALIFIERS FOR THE RFQ #059-2821-10/CJD FOR
“TWO YEAR CONTRACT FOR GENERAL CONSULTING AND
ENGINEERING SERVICES FOR THE CITY OF BOYNTON
BEACH” SCOPE OF SERVICES (A-E); AUTHORIZING THE
STAFF TO CONDUCT NEGOTIATIONS FOR COMPENSATION
OF SERVICES WITH THE RECOMMENDED QUALIFIERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on July 7, 2010 RFQ #059-2821-10/CJD was issued on behalf of the Utilities
Department and Recreation/Parks Department to provide “General Consulting and Engineering Services
for the City of Boynton Beach” for assignments logically tied to the development, operation and
maintenance of City facilities; and
WHEREAS,
the RFQ consisted of five (5) distinct scopes of service and consulting firms and
engineers were invited to submit a Letter of Interest for any one (1) scope or a combination of any of
the five (5) scopes; and
WHEREAS,
a five member Evaluation Committee reviewed and evaluated all thirty-seven (37)
submittals using a standard weighting score sheet; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation of staff,
hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to
approve the list of top ranking qualifiers as listed in the Evaluation Committee’s shortlist
recommendations attached hereto and to authorize City staff to conduct negotiations for compensation
of services with the recommended qualifiers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution upon adoption hereof.
232 of 820
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve
the ranking of top qualifiers forRFQ #059-2821-10/CJD for “Two Year Contract for General
Consulting and Engineering Services for the City of Boynton Beach” Scope of Services (A-E) as
reflected in the Evaluation Committee’s shortlist recommendation for award, a copy of which is attached
hereto as Exhibit “A”.
Section 3. The City Commission of the City of Boynton Beach does hereby authorize City
staff to conduct negotiations for compensation of services with the recommended qualifiers according to
Florida Statute 287.55.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of April, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
233 of 820
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
234 of 820
235 of 820
236 of 820
237 of 820
238 of 820
239 of 820
240 of 820
241 of 820
242 of 820
243 of 820
244 of 820
245 of 820
246 of 820
247 of 820
248 of 820
249 of 820
250 of 820
251 of 820
252 of 820
253 of 820
254 of 820
255 of 820
256 of 820
257 of 820
258 of 820
7. E
BIDS AND PURCHASES OVER $100,000
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-052 - Approve City
EQUESTED CTION BY ITY OMMISSION
Departments to utilize the State of Florida Contract for Multifunction Copiers, Service and Supplies with
Konica Minolta under Contract number 600-000-11-1 when replacing existing equipment
ER: All City Departments entered into a three-year lease for their
XPLANATION OF EQUEST
copier/scanner/printers with Konica Minolta in January 2007. The City Commission approved
the forty-two (42) leases on November 21, 2006. These leases ended January 31, 2010. At
that time, the City elected to utilize two (2) one-year maintenance agreements for these
copiers under Florida State Contract number 600-340-06-1. Commission approved the
maintenance agreements on February 2, 2010. Unfortunately, Konica Minolta will reclaim their
copiers on February 1, 2012. City Departments must lease new copiers before that deadline.
Procurement issued a “Request for Quotation for Color Copier/Printer/Scanner”; quote no.
028-1410-11/JMA, for a 48 month lease based on the State of Florida Contract no. 600-000-
11-1 to include installation, maintenance, service and supplies. Specifications for the copier
match or exceed existing equipment.
On February 17, 2011, Procurement opened and tabulated three quotes. Konica Minolta was
approximately 40% below the second lowest quote, making Konica Minolta the lowest, most
responsible, responsive bidder on the State Contract pricing.
H? Departments will recognize significant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
cost savings utilizing the new leases under the Florida State Contract. The Konica Minolta
lease agreement includes:
All supplies including unlimited black and white and color toner cartridges;
259 of 820
All Maintenance and service;
Receive and Send faxes from user’s desktop
Departments can eliminate fax machines and printers that use expensive color toner cartridges
resulting in substantial savings in office supplies.
FI: Thirty-four (34) copiers will need replacing during Fiscal Year 2010/2011 and
ISCAL MPACT
Fiscal Year 2011/2012. Four additional copiers have maintenance agreement expiration dates
in 2013.
The model selected for the quote under the State Contract is similar to the Departments’
existing equipment. The base lease price on the copier/printer/scanner/fax for 48 months is
$99.25 per month to include all maintenance, service and supplies. Copies to be billed on a
per copy basis with per copy and
black and white copies billed at $.0055color copies from
$.042 to $.049 per copy.
$ 40,494.00
Projected Basic Copier Lease Costs on an Annual Basis:
10,000.00
Copy cost for black and white copies using current usage:
$ 50,494.00
Totalanticipated annual basic lease costs for 34 copiers:
Copier proposals based on actual usage over past years were distributed to the Departments
to allow for estimates for the next fiscal year budget.
Fiscal Year 2009/2010 Actual Expenditures: $140,192.00
Fiscal Year 2010/2011 Anticipated Expenditures: $107,300.00
A: The City could issue a bid to purchase equipment instead of leasing
LTERNATIVES
equipment. Purchasing would require significant one-time expenditures and would still require
maintenance agreements through the manufacturer after the warranty expiration date.
260 of 820
RESOLUTION NO. R11 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING CITY
DEPARTMENTS USE OF THE STATE OF FLORIDA CONTRACT
WITH KONICA MINOLTA UNDER CONTRACT #600-000-11-1
FOR MULTIFUNCTION COPIERS, SERVICE AND SUPPLIES
WHEN REPLACING EXISTING EQUIPMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
in January, 2007, all City Departments entered into a three (3) year lease for
their copier/scanner/printers with Konica Minolta which ended January 31, 2010; and
WHEREAS
, the City two (2) one-year maintenance agreements for the copiers under the
Florida State Contract which were approved by the City Commission on February 2, 2010; and
WHEREAS,
Konica Minolta will reclaim their equipment on February 1, 2012; and
WHEREAS,
Procurement issued a “Request for Quotation for Color
Copier/Printer/Scanner” RFQ 028-1410-11/JMA for a 48 month lease based on the State Contract
No. 600-000-11-1 to include installation, maintenance, service and supplies; and
WHEREAS,
on February 17, 2011, Procurement opened and tabulated three quotes of which
Konica Minolta was approximately 40% below the second lowest quote making them the lowest,
most responsible, responsive bidder on the State Contract pricing; and
WHEREAS,
staff has recommended that the City Commission approve and authorize City
Departments usage of the State of Florida Contract with Konica Minolta under contract #600-000-
11-1 for multifunction copiers, service and supplies when replacing existing equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, at the
recommendation of staff, hereby approves and authorizes City Departments usage of the State of Florida
261 of 820
Contract with Konica Minolta under contract #600-000-11-1 for multifunction copiers, service and
supplies when replacing existing equipment .
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of April, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
_______________________________
Marlene Ross
_______________________________
William Orlove
________________________________
Woodrow L. Hay
_______________________________
Steven Holzman
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
262 of 820
263 of 820
264 of 820
265 of 820
266 of 820
267 of 820
268 of 820
269 of 820
270 of 820
271 of 820
7. F
BIDS AND PURCHASES OVER $100,000
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: 4/27/11
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the Bid for "ANNUAL CONTRACT FOR
EQUESTED CTION BY ITY OMMISSION
AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSOIRES" Bid # 031-1412-11/MFD to the
following seven (7) companies: Bennett Auto Supply, Cold Air Distributors, General GMC, The Parts
House, South Florida Emergency, Total Truck and Vehicle Maintenance Program on an overall basis, to
the lowest, most responsive, responsible bidders who met all specifications with an estimated annual
amount of $140,000
: 28,2011–27,2012
CONTRACT PERIODAPRIL APRIL
ER: On March 9, 2011, Procurement Services opened and tabulated
XPLANATION OF EQUEST
seven (7) bids for Automotive and Small Truck Parts and Accessories. All bids were reviewed
by the Warehouse Manager. It was determined to recommend this award in part to all seven
(7) companies as overall “LOW BIDDERS”.
The bid will be for the period of April 28, 2011 to April 27, 2012 and allow for a one (1) year
extension at the same terms, conditions and prices subject to vendor acceptance, satisfactory
performance and determination that the renewal is in the best interest of the City.
The estimated expenditures for the contract period is $140,000. Last year’s expenditures were
$137,705 and the year before was $148,657.
PROGRAM IMPACT: The City of Boynton Beach is looking to establish a firm price for the
purchase of various automotive and small truck parts and accessories to be ordered on an “AS
NEEDED” basis; using the formula: % for part orders and fixed firm pricing on items to
off list
be inventoried in the warehouse for use on repair and maintenance of city vehicles.
272 of 820
FI: ACCOUNT NUMBER ESTIMATED
ISCAL MPACT
WAREHOUSE STOCK ANNUAL EXPENDITURE
502-0000-141-0100 $140,000
A: Obtain quotes on an “as needed” basis which would not be cost effective.
LTERNATIVES
273 of 820
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
Tim Howard, Deputy Director of Financial Services
TO:
FROM:
Michael Dauta, Warehouse Manager
April 12, 2011
DATE:
SUBJECT:
Small Truck Bid # 031-1412-11/MFD
I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The
evaluating factors used were A) Pricing; B) Warehouse processing time C) Delivery time.
Last year’s expenditures were $137,705.90. This year’s expenditures will be an estimated $140,000.
Please see notes for item #’s that are in bold.
Itemized Stock (Fixed Price)
Bennett Auto Supply
Item(s) #
7,30,108,124,132,140,144,162,195,204,215,219,222,231
Cold Air Distributors
Item(s) #
4,5,6,103,159,177,178,179,180,181,182,183,184,185,186,187,194,199,201,202,203,207,
224,225,226,227,228,229,230
South Florida Emergency
Item(s) #
10,11,12,13,14,15,16,17,18,19,167,168,170,171,172,175,176
The Parts House
Item(s) #
274 of 820
2,3,8,20,21,31,33,34,35,37,39,40,44,46,48,84,88,89,90,95,98,99,100,105,106,107,113,
121,125,127,128,131,133,134,135,137,142,146,148,151,153,155,157,165,214,220,221, 223
Total Truck Parts
Item(s) #
1,9,22,23,24,25,26,27,28,29,32,36,38,41,42,45,47,49,50,51,53,54,55,56,58,60,61,62,64,
65,66,67,68,69,70,71,72,73,75,76,77,78,81,82,83,85,86,87,93,94,96,97,101,102,104,109,110,111,112,11
4,115,116,117,118,119,120,122,123,126,129,136,138,141,143,145,147,
149,150,169,174,188,189,190,191,192,193,197,198,200,205,206,208,209,210,211,212, 213
Vehicle Maintenance Program
Item(s) #
43,57,59,63,74,79,80,91,92,130,139,152,154,156,158,160,161,163,164,166,173,196,216,217,218
No Bid
Item(s) #
52
Special Order Parts (Percentage off List
Ford Cars
OEM Aftermarket
Primary
Bennett Auto 45% Total Truck 50%
Secondary
Cold Air 43-45% Parts House 50%
Third
NA Bennett Auto 50%
Buick Cars
OEM Aftermarket
Primary
Bennett Auto 50% Total Truck 50%
Secondary
Cold Air 40% Parts House 50%
Third
General GMC 30% Bennett Auto 50%
Chevrolet Cars
OEM Aftermarket
Primary
Bennett Auto 50% Total Truck 50%
Secondary
Cold Air 40% Parts House 50%
Third
General GMC 30% Bennett Auto 50%
Dodge Cars
OEM Aftermarket
Primary
Cold Air 30% Parts House 50%
Secondary
Parts House 25% Total Truck 50%
Third
NA Bennett Auto 50%
Ford Small Trucks
OEM Aftermarket
Primary
Bennett Auto 45% Total Truck 50%
Secondary
Cold Air 40% Parts House 50%
275 of 820
Third
NA Bennett Auto 50%
GMC / Chevy Trucks
OEM Aftermarket
Primary
Bennett Auto 50% Total Truck 50%
Secondary
Cold Air 40% Parts House 50%
Third
General GMC 30% Bennett Auto 50%
Dodge Small Trucks
OEM Aftermarket
Primary
Cold Air 30% Total Truck 50%
Secondary
Parts House 25% Parts House 50%
Third
NA Bennett Auto 45%
In addition, the following vendors included a discount of percentage off list for all items not listed on the
bid.
Bennett Auto 40%
Cold Air 35%
General GMC 30%
South Florida Emergency 22%
The Parts House 35%
Total Truck 50%
Vehicle Maintenance Program 68-83%
CC: Barry Atwood, Director of Finance
276 of 820
277 of 820
278 of 820
279 of 820
280 of 820
281 of 820
282 of 820
283 of 820
284 of 820
285 of 820
286 of 820
287 of 820
288 of 820
289 of 820
290 of 820
291 of 820
292 of 820
293 of 820
294 of 820
8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve negotiated settlement of $10,000 in Garfield
EQUESTED CTION BY ITY OMMISSION
Johnson v. City of Boynton Beach
ER:
XPLANATION OF EQUEST
Defense Counsel: Michael Burke, Johnson Anselmo et al
Plaintiff Counsel: Linnes Finney, Jr., Gary Williams Finney et al
Incident: On October 29, 2007, a Macy’s risk prevention employee contacted BBPD Dispatch to advise
that a person had removed a purse from a security device and appeared to be in the process of
stealing the purse. The employee remained on the phone with Dispatch and continued to report
plaintiff’s movements throughout the store. BBPD officers were dispatched to the scene to respond to
report of a man who had used a knife to remove a purse from a security device and was in the process
of stealing purse. Subsequently, it was determined that plaintiff paid for the purse. This information
was communicated to Dispatch who notified officers on the scene. Officers on the scene either did not
hear or understand the information and stopped plaintiff as he left the store. Officers secured the
plaintiff until they investigated the incident and determined that no crime had occurred. Plaintiff was
released at the scene, uninjured.
H?
Recommendations for settlements of claims of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
this nature are part of the ongoing responsibilities of the Risk Management Department.
FI:
Settlement of $10,000 will be charged to the Risk Management budget expense line
ISCAL MPACT
item 522-1710-519-49.20, Self-insured Losses, for third party liability self-insured losses.
A:
Failure to approve settlement will result in claim being litigated. Value of this case at
LTERNATIVES
trial is estimated at in excess of $50,000. Defense trial legal costs are estimated at an additional
$5,000.
295 of 820
296 of 820
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressner
City Manager
THRU:
Lori Laverierre
Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
March 31, 2011
SUBJECT: Garfield Johnson v. City of Boynton Beach
Date of Loss:
October 29, 2007
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES: Indemnity: $ 25,000 Expenses: $ 75,000
Demand: Original: $ 100,000 Final: $ 15,000
Offer: Original: $ 5,000 Final: $ 10,000
SETTLEMENT$ 10,000
:
X
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
NOTE:
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment Fees: $ -0- Current Legal Fees: $ 63,510
IF NOT SETTLED
Projected Legal Fees: $ 5,000 Projected Jury Verdict: $50,000+
JUDGEMENT$ -
:
__
Current Adjustment Fees: $ - Current Legal Fees: $ -
CASE NARRATIVE
:
On October 29, 2007, a Macy’s risk prevention employee contacted BBPD Dispatch to advise that a person had
removed a purse from a security device and appeared to be in the process of stealing the purse. The employee
remained on the phone with Dispatch and continued to report plaintiff’s movements throughout the store. BBPD
officers were dispatched to the scene to respond to report of a man who had used a knife to remove a purse from a
security device and was in the process of stealing purse. Subsequently, it was determined that plaintiff paid for
the purse. This information was communicated to Dispatch who notified officers on the scene. Officers on the
scene either did not hear or understand the information and stopped plaintiff as he left the store. Officers secured
the plaintiff until they investigated the incident and determined that no crime had occurred. Plaintiff was released
at the scene, uninjured.
Cjm/Claimglt/JohnsonG01.doc
297 of 820
298 of 820
299 of 820
300 of 820
9. A
PUBLIC HEARING
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-008 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West
Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant:
City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at
the Board hearing and/or recently identified involving alternative access, access easements, property
maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are
preserved.
ER: THIS ITEM IS TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at
XPLANATION OF EQUEST
the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain
tabling will ensure that the required legal ads/public notices are preserved.
A late discovery in the review of this item is the use by a resident of one of the properties along
the unimproved alley for accessing a rear detached dwelling unit existing accessory to the
principal home at 222 W. Ocean Avenue. At the first hearing of the Planning & Development
Board, the affected property owner voiced concerns over losing access to this unit, therefore
leading the Board to consider preserving access through an access easement extending the
short distance between the side street and the accessory unit which is on the second lot in
nd
from SW 2 Street. This option then lead to the concern by the other potentially affected
property owner (located opposite the accessory unit), over maintenance and liability attributed
to the access easement being placed over a portion of the abandoned alley which the property
owner would then own following abandonment. Given the potential impact on those four
properties that abut this portion of the alley, and to ensure that all are aware of the pending
action, staff is offering to meet with them and discuss potential scenarios and impacts and
answer any related questions. Invitations were mailed to each of them and the meeting will be
held Thursday the 24th at 5:00 pm. The item will then return to the Planning & Development
ndth
Board at their March 22 meeting, and then reviewed by the Commission on April 19.
301 of 820
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
302 of 820
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 11-007
TO:
Chair and Members
Planning and Development Board
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Kathleen Zeitler
Planner II
DATE:
March 10, 2011
ND
SUBJECT:2 REVIEW
- Abandonment of 18.2 foot wide alley (ABAN 11-002) located between
st
West Ocean Avenue and SW 1 Avenue, and extending to Seacrest Boulevard from
nd
SW 2 Street. City initiated.
This agenda item was before the Board on January 25, 2011. You will recall that Staff recommended
approval with one (1) condition, that the abandonment be contingent upon retaining the full width as a
nd
utility easement, and as an ingress/egress easement only from SW 2 Street to an accessory unit
located two (2) lots east at the rear of 222 West Ocean Avenue. An adjacent property owner spoke
about liability and maintenance concerns regarding the ingress/egress easement. The Board voted
unanimously to approve the alleyway abandonment subject to the staff condition.
The issue of liability and maintenance remained unresolved at the time the item was to be placed on
the February 15, 2011 City Commission agenda, and it was observed that there is front access from
West Ocean Avenue to the accessory dwelling unit. Staff requested that the item be tabled to allow
sufficient time to investigate and resolve issues related to the access easement. Staff notified affected
property owners and met with them to clarify the issues, and discuss needs and preferences. To date,
staff has been contacted by the most affected property owners except the owner of the property with
the accessory unit.
Therefore, given that the unimproved alley is only being used by one (1) resident (renter of accessory
unit), and that conventional access is possible through the front via West Ocean Avenue, staff’s original
recommended condition of approval has been modified to omit the access easement provision, leaving
only the requirement for a utility easement. The two (2) month tabling was intended to allow the item to
return to the Board for consideration of the item with the new information collected and revised
th
condition of approval. First and second readings are scheduled for City Commission on April 19 and
rd
May 3, respectively.
The remainder of this report is a modified version of the original staff report, updated to only indicate on
page #2 the new information regarding the necessity for the access easement, and the corresponding
change to the condition of approval.
NATURE OF REQUEST
Mr. H. David Kelley, Jr., PE/PSM, City Engineer, as agent for the property owner (City of Boynton Beach), is
requesting abandonment of an alley right-of-way located between West Ocean Avenue and SW 1st Avenue, and
nd
extending westward from Seacrest Boulevard to SW 2 Street (see Exhibit “A” – Location Map).
The subject property is described as an unimproved alley located south of lots fronting on West Ocean Avenue
and north of lots fronting on SW 1st Avenue (see Exhibit “B”, Blocks 11-12, Boynton Heights), less a 50 foot
303 of 820
segment abandoned in 1999 (Ord 99-04). This alley is represented by an 18.2-foot wide strip of land to the rear
of 22 residential lots. The 18.2-foot wide strip was intended to be an alley right-of-way but was never improved,
or used as an alley (except for the westernmost 200 feet). Utilities exist upon the subject property which, in
conjunction with the abandonment, would become a dedicated utility easement.
The following is a description of the zoning districts of the properties that surround the subject property to be
abandoned:
North
- Single-family residential lots zoned Single-family Residential (R1-A), and farther
north is West Ocean Avenue right-of-way;
South -
Single- and Two-family residential lots zoned Duplex Residential (R-2), and farther south
st
is SW 1 Avenue right-of-way;
East -
South Seacrest Boulevard right-of-way; and farther east is the City Library zoned
Recreation (REC); and,
nd
West -
SW 2 Street right-of-way, and farther west are single-family residential lots
zoned R1-A.
BACKGROUND
In November of 1924 the plat of Boynton Heights was recorded (see Exhibit “C”). The plat included
several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors
the right of reversion whenever abandoned by the public or discontinued by law. The subject property
is indicated on the plat as an open public area, separate from the adjacent lots. Although the subject
property was never used or improved as an alley as intended by the recorded plat, the property was
dedicated to the public as a right-of-way and is under the control and jurisdiction of the City
Commission.
The city-initiated application states the following grounds and reasons for the requested abandonment:
(1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-
way; (2) continued City ownership suggests continued responsibility and associated liability; and, (3)
staff believes this area will best serve adjacent residents through private ownership. Staff recommends
that the City designate the property as a utility easement and continue to provide utility services to the
rear of these lots. If abandoned, the subject property will be equally divided and reverted to each
adjacent property owner as land to be added to their lot. A utility easement equivalent in width to the
existing alley is proposed on the subject property.
nd
An ingress/egress easement, approximately 200 feet in length as measured from SW 2 Street
eastward, was previously proposed to provide continued access from the subject alley for an accessory
unit located in the rear yard of 222 West Ocean Avenue. However, direct vehicular access from West
Ocean Avenue is available to 222 West Ocean Avenue. In addition, all other adjacent property owners
that would be affected by the access easement oppose continued access across their property (newly
acquired land from abandoned alley). Therefore, staff reconsidered the necessity of the access
easement and rear access to 222 West Ocean Avenue, and revised the recommended condition of
approval to exclude an ingress/egress easement (see Exhibit “D” – Revised Conditions of Approval).
ANALYSIS
Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been
notified and the request has been advertised in the newspaper. A summary of the responses from the
utility companies and city staff is as follows:
304 of 820
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection with easement
Public Works/Utilities - No objection with easement
Planning and Zoning - No objection with easement
PUBLIC UTILITY COMPANIES
Florida Power and Light - No objection with easement
Bell South - No response
Florida Public Utilities Company - No objection with easement
Cable Company (Comcast) - No objection with easement
RECOMMENDATION
Staff recommends that the request to abandon the alley as described above be approved based on the finding that
the alley provides no public purpose, and all existing utilities within the subject property would remain within a
dedicated utility easement. Any conditions required by the Planning and Development Board and the
Commission will be placed in Exhibit “D” - Conditions of Approval.
st
S:\Planning\SHARED\WP\PROJECTS\Ocean Ave & SW 1 St ABAN (City Initiated)\Revised Staff Report for 032211.doc
305 of 820
306 of 820
307 of 820
308 of 820
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
st
PROJECT NAME: Ocean Ave & SW 1 Ave Alley Abandonment between Seacrest Blvd and SW
2nd St (ABAN 11-002) (City Initiated)
APPLICANT’S AGENT: Mr. H. David Kelley, Jr., PE/PSM, City Engineer
APPLICANT’S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
st
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2011 (1 Reading) and May
nd
3, 2011 (2 Reading)
TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as a utility
easement.
LOCATION OF PROPERTY: Alley Between W Ocean Ave and SW 1st Avenue and between Seacrest Ave
nd
and SW 2 Street
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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 “D” 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: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
309 of 820
DATED:__________________________ _____________________________________________
City Clerk
st
S:\Planning\SHARED\WP\PROJECTS\Ocean Ave and SW 1 Ave ABAN 11-002\REVISED DO FOR 032211.doc
310 of 820
EXHIBIT "D"
Revised Conditions of Approval
st
Project name: Ocean Ave and SW 1 Ave Abandonment
File number: ABAN 11-002
Reference:
DEPARTMENTS
INCLUDE REJECT
PUBLIC WORKS- Solid
Waste
Comments: None
PUBLIC WORKS – Forestry & Grounds
Comments: None
PUBLIC WORKS- Traffic
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
RECREATION AND
PARKS
Comments: None
FORESTER/ENVIRONME
NTALIST
Comments: None
311 of 820
DEPARTMENTS
INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. Alley abandonment is contingent upon retaining the full width (18.2
feet) as a utility easement for all land area abandoned.
ADDITIONAL PLANNING
& DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY
COMMISSION CONDITIONS
Comments:
To be determined.
st
S:\Planning\SHARED\WP\PROJECTS\Ocean Ave & SW 1 Ave ABAN (City Initiated)\REVISED COA FOR 032211.doc
312 of 820
313 of 820
314 of 820
315 of 820
316 of 820
9. B
PUBLIC HEARING
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-016 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee
Schedule to provide for a five percent (5%) increase in Business Tax fees.
ER: The City’s Business Tax Receipts (f.k.a. “Occupational License”)
XPLANATION OF EQUEST
fees were last modified on June 20, 2006, by Ordinance 06-049. Pursuant to Florida State
Statute, 205.0535, the governing body of a municipality may increase by ordinance the rates of
local business tax receipts by up to five percent (5%) every other year. Past increases were
proposed by staff in 2008 and 2009, but were denied by the Commission. Should this request
be approved, the typical annual increase in an individual business tax fee would range
between an additional 4 dollars and 15 dollars.
A few examples of this increase per selected business type are as follows: veterinarian, $9.82;
landscaper, $4.39 ($; AC or roofing contractor, $12.23; manufacturing, $14.70 (for an
operation having between 6 and 10 employees); restaurant, 17 cents/seat and $3.58 minimum;
st
bar, $24.47; retail store, 1 $5,000 in value - $4.88 (for every $1,000 increment – 26 cents);
st
apartment building, 18 cents/room; nail salons and barber shops, $3.68 / 1 table/chair and
$1.00 / each additional table/chair; and physician, dentist, engineer, architect, accountant, etc.,
$9.82. The cumulative increase in annual businesses tax receipts is estimated to be $65,605.
For comparison purposes, the City of Delray Beach raised its business fees by 5% last year,
whereas the City of Boca Raton last raised its fees about 5 years ago. As for current rates,
both cities generally have flat rate structures, with Delray’s rate for most businesses being
$156.56, and $105 being the standard rate in the City of Boca Raton.
317 of 820
Although these rates are significantly lower than the rates for many businesses in the City,
Boynton Beach also has many different business types with a business tax fee that is less than
$90, or over $15 less than the rate for the same business in Boca Raton, and over $60 less
than what the City of Delray Beach would charge for the same business type. A few examples
of businesses with current rates that are less than $100 include jewelry repair, $28.35; auto
detailing, shoe repair, dress making, and ice cream shops, $58.80; and retail stores (for the
first $5,000 in value), $97.65. Further, many businesses have a current rate of $88.20,
including for example selected manufacturers, flooring contractors, carpet cleaners, gutter and
downspouts installers, insurance offices, tanning salons, computer services, boat brokerages,
appliance repairers, counseling services, financial consultants, draftsman, paralegal, and
social workers.
H? An increase in revenues contributes
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
toward budget needs and supports services relying on the general fund.
FI: FY 11/12 projected Business Tax Receipts revenues are estimated at
ISCAL MPACT
$1,312,118.22. A five percent (5%) increase in Business Tax Receipts would result in an
estimated $65,605 in additional revenue to the General Fund.
A: Do not increase Business Tax Receipts
LTERNATIVES
318 of 820
ORDINANCE NO. 11 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13
OF THE CODE OF ORDINANCES, SECTION 13-4 BY
Formatted: Font: Bold
PROVIDING FOR A 5% INCREASE IN THE BUSINESS TAX
FEE SCHEDULE; PROVIDING FOR CONFLICTS,
Formatted: Font: Bold
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE
.
WHEREAS,
the City Commission for the City of Boynton Beach desires to increase the
business tax receipt fees for all business operating within the City of Boynton Beach; and
WHEREAS
, pursuant to Section 205.0535(4), Florida Statutes, the City Commission is
authorized to increase the business tax receipt fees up to 5% every other year; and
WHEREAS
, the City Commission last increased the Business Tax Receipt fees on June 20,
2006; and
WHEREAS,
the City Commission finds it is in the best interest of the health, safety, and welfare
of the public to increase the business tax receipt fees for businesses in the City of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,
THAT:
Section 1.
The foregoing "Whereas" clauses are true and correct and incorporated herein by
this reference.
Section 2.
That Chapter 13, "Licenses," Article I, "Business Tax Receipts," Section 13-4,
entitled “Classification and fee schedule” of the City of Boynton Beach Code of Ordinances, be, and the
same is hereby amended in its entirety to read as follows:
Sec. 13-4 Classification and fee schedule.
The City Commission establishes classifications for businesses or groups of business and business
tax receipt taxes therefore as set forth below.
Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses, Professions,
Occupations
(* - See note, end of schedule; NEC - See note, end of schedule)
The businesses, professions and occupations subject to the provisions of Chapter 13, the business tax
receipt taxes imposed and levied, the Standard Industrial Classifications assigned, and other
requirements pertaining thereto are as follows:
319 of 820
SIC Description Fee
0742 Veterinarian* 196.35 206.17
0752 Animal Specialty Service 88.20 92.61
0781 Landscape Architect* 196.35 206.17
0782 Lawn & Garden Service 147.00 154.35
0783 Tree Trimming 147.00 154.35
1520 Contractor - Residential 244.65 256.88
1530 Contractor - Building 244.65 256.88
1540 Contractor - General 244.65 256.88
1611 Contractor - Paving 244.65 256.88
1620 Contractor - Heavy Construction 244.65 256.88
1623 Contractor - TV Antenna & Tower 244.65 256.88
1624 Contractor - Underground Utilities (Ref. 1623) 244.65 256.88
1625 Contractor - Concrete (Ref. 1771) 244.65 256.88
1626 Contractor - Marine (Ref. 1629) 244.65 256.88
1629 Contractor - Tennis Court 244.65 256.88
1700 Miscellaneous Specialty 88.20 92.61
1701 Asphalt Sealing & Coating (Ref. 1799) 88.20 92.61
1702 Landscaping (Ref. 0782) 88.20 92.61
1703 Lathing (Ref. 1742) 88.20 92.61
1704 Residential Gutter & Downspout Installation (Ref. 1761) 88.20 92.61
1705 Striping (Ref. 1721) 88.20 92.61
1706 Vinyl Clad Metal Shelving (Ref. 1799) 88.20 92.61
1707 Mirror/Shower Door Installation (Ref. 1799) 88.20 92.61
1710 Contractor - Irrigation Sprinkler (Ref. 1711) 244.65 256.88
320 of 820
1711 Contractor - Plumbing 244.65 256.88
1712 Contractor - Air Conditioning (Ref. 1711) 244.65 256.88
1713 Contractor - Mechanical (Ref. 1711) 244.65 256.88
1714 Contractor - Fire Sprinkler (Ref. 1711) 244.65 256.88
1715 Contractor - Refrigeration (Ref. 1711) 244.65 256.88
1716 Contractor - Room Air Conditioning (Ref. 1711) 244.65 256.88
1717 Contractor - Septic Tank (Ref. 1711). 244.65 256.88
1718 Contractor - Solar Water Heating (Ref. 1711) 244.65 256.88
1721 Contractor - Painting 244.65 256.88
1731 Contractor - Electrical 244.65 256.88
1732 Contractor - Communication & Sound (Ref. 1731) 244.65 256.88
1733 Contractor - Burglar & Fire Alarm (Ref. 1731) 244.65 256.88
1734 Contractor - Sign - Electrical (Ref. 1731) 244.65 256.88
1741 Contractor - Masonry 244.65 256.88
1742 Contractor - Plastering 244.65 256.88
1743 Contractor - Tile, Terrazzo, & Marble 244.65 256.88
1744 Contractor - Drywall (Ref. 1742) 244.65 256.88
1745 Contractor - Insulation (Ref. 1742) 244.65 256.88
1746 Contractor - Acoustical Tile (Ref. 1742) 244.65 256.88
1750 Contractor - Window (Ref. 1751) 244.65 256.88
1751 Carpentry & Cabinet Installation 88.20 92.61
1752 Contractor - Flooring, NEC 88.20 92.61
1753 Contractor - Door (Ref. 1751) 244.65 256.88
1754 Contractor - Garage Door (Ref. 1751) 244.65 256.88
1761 Contractor - Roofing 244.65 256.88
321 of 820
1762 Contractor - Roof Deck (Ref. 1761) 244.65 256.88
1763 Contractor - Sheet Metal (Ref. 1761) 244.65 256.88
1772 Contractor - Gunite (Ref. 1771) 244.65 256.88
1781 Contractor - Well Driller 244.65 256.88
1791 Contractor - Reinforcing, Iron & Steel 244.65 256.88
1793 Contractor - Glass & Glazing 244.65 256.88
1794 Excavation/Grading 88.20 92.61
1795 Contractor - Demolition 244.65 256.88
1796 Contractor - Elevator 244.65 256.88
1797 Contractor - Sign - Nonelectrical (Ref. 1799) 244.65 256.88
1799 Contractor - Miscellaneous Special Trade 244.65 256.88
1800 Contractor - Aluminum Specialty (Ref. 1799) 244.65 256.88
1801 Contractor - Awnings (Ref. 1799) 244.65 256.88
1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 244.65 256.88
1803 Contractor - Fence Erection (Ref. 1799) 244.65 256.88
1804 Contractor - Liquified Petroleum Gas (Ref. 1799) 244.65 256.88
1805 Contractor - Ornamental Iron (Ref. 1799) 244.65 256.88
1806 Contractor - Pollutant Storage Systems (Ref. 1799) 244.65 256.88
1807 Contractor - Pool/Spa (Ref. 1799) 244.65 256.88
1808 Contractor - Pool/Spa Service (Ref. 1799) 244.65 256.88
1809 Miscellaneous Contractor (Ref. 1799) 244.65 256.88
2024 Manufacturer - Frozen Desserts
Number of workers fee schedule:
Not exceeding 2 persons 108.15 113.56
Not exceeding 4 persons 181.65 190.73
322 of 820
Not exceeding 6 persons 244.65 256.88
More than 6, not exceeding 10 persons 294.00 308.70
More than 10, not exceeding 20 persons 367.50 385.88
More than 20 persons 551.25 578.81
2099 Manufacturer - Food Preparation See 2024
2299 Manufacturer - Textile Goods See 2024
2389 Manufacturer - Apparel and Accessories See 2024
2392 Manufacturer - Slipcovers 88.20 92.61
2396 Manufacturer - Fabricated Trimmings See 2024
2399 Manufacturer - Fabricated Textile Products See 2024
2431 Manufacturer - Millwork See 2024
2434 Manufacturer - Cabinetry See 2024
2439 Manufacturer - Structural Members See 2024
2511 Manufacturer - Wood Furniture See 2024
2512 Manufactured - Wood Furniture, Upholstered See 2024
2515 Manufacturer - Mattresses See 2024
2591 Manufacturer - Window Coverings See 2024
2671 Manufacturer - Plastic Packaging See 2024
2711 Manufacturer - Newspaper Publishing/Printing See 2024
2759 Manufacturer - Commercial Printing See 2024
2834 Manufacturer - Pharmaceutical Preparations See 2024
2842 Manufacturer - Cleaning Preparations See 2024
2844 Manufacturer - Cosmetic Preparations See 2024
2899 Manufacturer - Chemical Preparations See 2024
3083 Manufacturer - Plastic Sheets/Rods See 2024
323 of 820
3089 Manufacturer - Plastic Products, NEC See 2024
3231 Manufacturer - Glass Products See 2024
3271 Manufacturer - Concrete Block/Brick See 2024
3272 Manufacturer - Concrete Products See 2024
3281 Manufacturer - Stone Products See 2024
3354 Manufacturer - Aluminum Extruded Products See 2024
3442 Manufacturer - Metal Products See 2024
3446 Manufacturer - Ornamental Metal Products See 2024
3479 Manufacturer - Coating Application See 2024
3499 Manufacturer - Fabricated Metal Accessories See 2024
3542 Manufacturer - Machinery/Equipment See 2024
3559 Manufacturer - Special Industry Machinery See 2024
3569 Manufacturer - General Industrial Machinery See 2024
3571 Manufacturer - Computers See 2024
3599 Manufacturer - Machine Shop See 2024
3629 Manufacturer - Electrical Industrial Products See 2024
3663 Manufacturer - Communications Equipment See 2024
3679 Manufacturer - Electronic Components See 2024
3728 Manufacturer - Aircraft Parts See 2024
3861 Manufacturer - Photographic Equipment Processing See 2024
3911 Manufacturer - Jewelry See 2024
3942 Manufacturer - Dolls See 2024
3949 Manufacturer - Sporting Goods See 2024
3993 Manufacturer - Advertising Specialties See 2024
3999 Manufacturer - Miscellaneous, NEC See 2024
324 of 820
4013 Railroad Company 196.35 206.17
4118 Ambulance Service (Ref. 4119) 97.65plus 102.53
33.6035.28 per vehicle
4119 Transportation Service, NEC 97.65102.53 plus
33.6035.28 per vehicle
4121 Taxi/Limousine Service 97.65 102.53 plus
33.6035.28 per vehicle
4131 Bus Service 97.65102.53 plus
33.6035.28 per vehicle
4173 Bus Service/Depot 97.65 102.53
4210 Trucking Service 73.5077.18 per vehicle
4222 Cold Storage, per square foot
Warehouse, per square footage fee schedule:
5,000 square feet or fraction thereof 220.50 231.53
Each additional 5,000 square feet 21.00 22.05
4225 Warehouse - Storage, per square foot See 4222
4493 Marina 88.20 92.61
4498 Marine Detailing (Ref. 4499) 88.20 92.61
4522 Air Transportation, Nonscheduled 88.20 92.61
4724 Travel Bureau* 147.00 154.35
4725 Tour Operator 88.20 92.61
4731 Freight Forwarding Service 147.00 154.35
4780 Packing & Crating 147.00 154.35
4783 Express Company 294.00 308.70
4813 Telephone Communications 294.00 308.70
325 of 820
4822 Telegraph & Other Communications 88.20 92.61
4841 Television Services 147.00 154.35
4899 Communication Services, NEC 88.20 92.61
4924 Natural Gas Distribution 294.00 308.70
4925 Liquified Petroleum Gas Distribution 294.00 308.70
5099 Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $5,000 244.65 256.88
More than $5,000, not exceeding $25,000 342.30 359.42
More than $25,000, not exceeding $100,000 489.30 513.77
More than $100,000, not exceeding $500,000 735.00 771.75
More than $500,000 880.95 925.00
5197 Advertising Specialties Sales (Ref. 5199) 88.20 92.61
5211 Lumber Company, per inventory See 5399
5261 Nursery: Trees/Plants, per inventory See 5399
5399 Merchant - Retail, per inventory
Retail, per inventory fee schedule:
Not exceeding $5,000 97.65 102.53
More than $5,000, for each additional $1,000
or fraction thereof 5.15 5.41
5411 Grocery, per inventory See 5399
5421 Market - Meat/Fish/Poultry, per inventory See 5399
5461 Bakery 147.00 154.35
5511 Automobile Dealer* 196.35 206.17
5531 Auto Parts, per inventory See 5399
326 of 820
5541 Gas Station 147.00 154.35
5699 Dressmaking Shop 58.80 61.74
5719 Blinds, Shades, Drapery 147.00 154.35
5810 Ice Cream Parlor 58.80 61.74
5811 Caterer 147.00 154.35
5812 Restaurant 3.413.58 per seat,
97.65 102.53 minimum
5813 Drinking Places 489.30 513.77
5912 Pharmacy, per inventory See 5399
5930 Antique Shop 147.00 154.35
Antique stores and auction houses, selling only objects
of value such as quality restored antiques, art objects,
jewelry, and the like, but not used merchandise generally.
5932 Used Merchandise Stores 147.00 154.35
5933 Pawnbroker 656.25 689.06
5944 Jewelry Shop, per inventory See 5399
5945 Handicraft Shop, per inventory See 5399
5961 Mail Order/Catalog 88.20 92.61
5962 Vending Machine - Coin-Operated
(a) Amusement Vending Machines:
Each operator 196.88 206.73
In addition, for each machine 26.25 27.56
(b) Service Vending Machines:
Each operator 65.63 68.91
In addition, for each machine 26.25 27.56
(c) Merchandise Vending Machines:
327 of 820
Each operator 65.63 68.91
In addition, for each machine as follows:
Requiring deposit under .35 26.25 27.56
Requiring deposit over .35 39.38 41.35
(Coin-operated Auto Wash and Laundry Machines are addressed separately, under SIC 7543 and
SIC 7215, respectively). The following coin-operated machines are exempt from license business tax
receipt requirements:
Cigarette vending machines (F.S. 210.03)
Federal postage stamp machines, Parcel checking
lockers, and Toilets (F.S. 205.63)
Unadulterated Florida-produced citrus juice
vending machines (F.S. 205.632)
Furthermore, no license business tax receipt shall be required for coin-operated machines where
the vending machines are owned and operated by charitable or benevolent nonprofit organizations and
where the entire proceeds of such machines are used solely for recognized charitable or benevolent
purposes. No license business tax receipt shall be required for the operation of any machines where
such machines are owned by a person who is otherwise licensed by the city, and such machines are
located and operated at the owner's regularly licensed place of business.
5963 Vending - Mobile 88.20 92.61
5964 Ice Cream Truck (Ref. 5963) 97.65102.53 plus
33.6035.28 per vehicle
5965 Lunch Wagon (Ref. 5963) 97.65102.53 plus
33.6035.28 per vehicle
5992 Florist, per inventory See 5399
5995 Optician* 196.35 206.17
5998 Auction Company (Ref. 5999) 1443.75 1515.94
6020 Bank - Commercial 367.50 385.88
6030 Bank - Savings 367.50 385.88
6098 Check Cashing Agency 294.00 308.70
328 of 820
6099 Financial Services, NEC 294.00 308.70
6141 Investment & Trading 294.00 308.70
6162 Mortgage Company* 294.00 308.70
6163 Mortgage Broker* 147.00 154.35
6211 Broker - Securities* 294.00 308.70
6282 Investment Advice 88.20 92.61
6410 Insurance Agent 49.35 51.82
6411 Insurance Company 88.20 92.61
6412 Medical Claims Processing Service (Ref. 6411) 88.20 92.61
6513 Apartment Building 3.683.86 per room,
33.6035.28 minimum
6514 Rental property four (4) units or less, including single family residential rentals 3.68
3.86per room
33.6035.28 minimum
Licensing Business tax receipts Procedure:
Every rental unit used for residential living purposes in the city must be licensed have a business
tax receipt. This includes rental property four units or less, including single family residential rentals,
condominiums, and mobile homes.
Licenses Business tax receipts are issued for a period of twelve months, from October 1 to the
st
following September 30. They must be renewed annually. To avoid renewal late fees, rental license
th
business tax receipt fees are payable by October 1. After January 30, late renewals require a Code
stth
Compliance (interior and exterior) inspection of the property.
Whenever a rental property is sold or otherwise changes ownership, the new owner must do the
following:
(1) Apply for a new rental license business tax receipt;
(2) Schedule an inspection of the rental with the Code Compliance Division.
If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they
must be corrected and a re-inspection made by the appropriate department. The owner is given adequate
time to correct any violations. All violations must be corrected before occupancy will be approved.
329 of 820
Any property that has been found in violation by a code compliance board of the city shall be
required to be inspected after six (6) months from the date of the hearing, and again at twelve (12)
months after the date of the hearing in which the property was found to be in violation.
The owner of a property that has been found to be in violation by a code compliance board of the
city shall be required to pay an inspection fee of seventy-five dollars ($75.00) for each of the inspections
required. The required inspection fees shall be included as part of the administrative costs assessed by
the city and shall be included in any liens filed by the city.
NOTE: Fees may change from time to time by Ordinance of the City Commission. The
application and information forms for rental licenses business tax receipts are available at the Licensing
Business Tax Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post
office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required
on the application.
Designation of resident agent: No license business tax receipt shall be issued by the city for a rental
dwelling located on a rental premises unless the applicant therefore designates in writing to the city the
name, address, and local telephone number of the owner or resident agent to receive service of notice of
violation of this Code. The owner may designate as his or her resident agent any natural person eighteen
(18) years of age or older who is customarily present at a business location within the city for the
purposes of transacting business, or who actually resides within the city. An owner may change his or
her designation of a resident by notifying the city in writing of the name, address, and local telephone
number of the person designated by the owner to replace the previous resident agent. Any notice of
violation or legal process which has been delivered or served upon the previous resident agent prior to
the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall
be the sole responsibility of the owner to appoint a reliable resident agent and to inform the resident
agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No
owner shall designate as a resident agent any person who does not expressly comply with the provisions
of this section. The owner or the resident agent shall be deemed to be the “violator” as the term is used
in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice of the
owner, tenant and violator.
6530 Property Management* 88.20 92.61
6531 Real Estate Broker* 88.20 92.61
6532 Real Estate Salesperson* 49.35 51.82
6541 Title Abstract Office 294.00 308.70
6552 Subdividers & Developers, NEC 147.00 154.35
7011 Hotels & Motels 3.68 3.86 room, 33.6035.28 minimum
7033 Trailer Parks & Campsites 97.65102.53plus 3.413.58per lot or site
7212 Laundry/Dryclean - Drop Only 97.65 102.53
7214 Carpet Cleaning, Mobile (Ref. 7217) 88.20 92.61
330 of 820
7215 Laundry Machines, Coin-Operated 65.6368.91plus 1.311.38per machine
7216 Dry Cleaning Establishments 196.35 206.17
7217 Carpet/Upholstery Cleaning, Commercial 196.35 206.17
7219 Laundry & Garment Services, NEC 58.80 61.74
7221 Photography 147.00 154.35
7230 Beauty school 196.35 206.17
7231 Beauty Parlor, Etc.*
One chair 73.50 77.18
Each additional chair or manicurist 19.95 20.95
7232 Nail Salon* (Ref. 7231)
One manicurist table 73.50 77.18
Each additional manicurist 19.95 20.95
7241 Barber Shops*
One chair 73.50 77.18
Each additional chair 19.95 20.95
7251 Shoe Repair & Shoe Shine Parlor 58.80 61.74
7261 Funeral Director* 196.35 206.17
7290 Debt Counseling Service (Ref. 7299) 88.20 92.61
7291 Income Tax Service 147.00 154.35
7292 Valet Parking (Ref. 7299) 88.20 92.61
7293 Tanning Salon (Ref. 7299) 88.20 92.61
7294 Weight Loss Center (Ref. 7299) 88.20 92.61
7295 Family - Home Child Care (Ref. 7299) 88.20 92.61
7296 Dating Service (Ref. 7299) 88.20 92.61
7297 Electrolysis* (Ref. 7299) 88.20 92.61
331 of 820
7298 Massage Therapist* 97.65 102.53
7299 Miscellaneous Personal Services, NEC 88.20 92.61
7311 Publication Service, NEC 147.00 154.35
7319 Advertising 244.65 256.88
7322 Collection Agency* 147.00 154.35
7323 Credit Association 147.00 154.35
7334 Photocopying/Duplicating Service 88.20 92.61
7336 Commercial Art/Graphic Design 88.20 92.61
7337 Typing Service 88.20 92.61
7338 Secretarial Services 147.00 154.35
7342 Exterminator 147.00 154.35
7348 Miscellaneous Commercial Services, NEC 88.20 92.61
7349 Janitorial Service 147.00 154.35
7359 Rental Service 147.00 154.35
7361 Employment Agency 88.20 92.61
7362 Nursing Registry 88.20 92.61
7370 Data Processing Service 88.20 92.61
7371 Computer Programming Service 147.00 154.35
7376 Computer Services 88.20 92.61
7378 Computer Maintenance & Repair 88.20 92.61
7379 Computer Related Services 88.20 92.61
7380 Private Detective* 88.20 92.61
7381 Security Service* 88.20 92.61
7384 Photofinishing Laboratories 147.00 154.35
7385 Books, Periodicals, News Bureaus (Ref. 7389) 88.20 92.61
332 of 820
7386 Auto Broker (Ref. 7389) 147.00 154.35
7387 Messenger Service (Ref. 7389) 58.80 61.74
7388 Appraiser* (Ref. 7389) 196.35 206.17
7389 Business Services, NEC 88.20 92.61
7390 Handyman (No new licenses only renewals) 147.00 154.35
7391 Interior Designer* (Ref. 7389) 196.35 206.17
7392 Manufacturer's Representative (Ref. 7389) 147.00 154.35
7393 Telemarketing/Soliciting* (Ref. 7389) 147.00 154.35
7394 Auctioneer* (Ref. 7389) 244.65 256.88
7395 Interior Decorator (Ref. 7389) 147.00 154.35
7396 Agent or Agency (Ref. 7389) 88.20 92.61
7397 Answering Service (Ref. 7389) 88.20 92.61
7398 Arts & Crafts - Handmade (Ref. 7389) 88.20 92.61
7399 Asbestos Consultant (Ref. 7389) 88.20 92.61
7400 Boat Broker (Ref. 7389) 88.20 92.61
7401 Draftsman (Ref. 7389) 88.20 92.61
7402 Executive Office (Ref. 7389) 88.20 92.61
7403 Furniture Installation (Ref. 7389) 88.20 92.61
7404 Home Demonstrator (Ref. 7389) 88.20 92.61
7405 Import-Export (Ref. 7389) 88.20 92.61
7406 Interpretation & Translation (Ref. 7389) 88.20 92.61
7407 Mail Depot (Ref. 7389) 88.20 92.61
7408 Music Recording Studio (Ref. 7389) 88.20 92.61
7409 Paralegal (Ref. 7389) 88.20 92.61
7410 Pool Cleaning - NO chemicals (Ref. 7389) 88.20 92.61
333 of 820
7411 Pressure Cleaning (Ref. 7389) 88.20 92.61
7412 Sign Painting & Lettering (Ref. 7389) 88.20 92.61
7413 Water Softening Service (Ref. 7389) 88.20 92.61
7414 Yacht Broker* (Ref. 7389) 88.20 92.61
7415 Merchandise Broker (Ref. 7389) 88.20 92.61
7416 Financial Consultant (Ref. 7389) 88.20 92.61
7417 Showroom (Ref. 7389) 88.20 92.61
7418 Courier Service (Ref. 7389) 88.20 92.61
7419 Aquarium Service (Ref. 7389) 88.20 92.61
7420 Religious/Charitable Organization (Ref. 7389) 88.20 92.61
7421 Pet Sitting (Ref. 7389) 88.20 92.61
7422 Housesitting (Ref. 7389) 88.20 92.61
7423 Embroidery Service (Ref. 7389) 88.20 92.61
7424 Diver - Commercial (Ref. 7389) 88.20 92.61
7425 Inspection Service - No Appraisal (Ref. 7389) 88.20 92.61
7426 Consultant (Ref. 7389) 88.20 92.61
7427 Mediation Counselor 88.20 92.61
7513 Truck Rental & Leasing 244.65 256.88
7514 Passenger Car Rental 244.65 256.88
7530 Auto Pinstriping (Ref. 7532) 88.20 92.61
7532 Auto Body Shop, per number of workers* See 2024
7536 Auto Glass Installation* 88.20 92.61
7538 Auto Mechanical Repair*, per number of workers See 2024
7542 Car Wash 88.20 92.61
7543 Car Wash - coin-operated 97.65102.53plus 19.95 20.95 per machine
334 of 820
7544 Auto Detailing 58.80 61.74
7549 Automotive Services, NEC* 88.20 92.61
7550 Wrecker/Towing Service (Ref. 7549) 73.5077.18per vehicle
7551 Window Tinting (Ref. 7549) 88.20 92.61
7629 Appliance Repair 88.20 92.61
7631 Jewelry Repair 28.35 29.77
7641 Reupholstery, per number of workers See 2024
7692 Welding, per number of workers See 2024
7697 Locksmith, per number of workers (Ref. 7699) See 2024
7698 Repair Shops, per number of workers (Ref. 7699) See 2024
7699 Miscellaneous Repair Services, NEC 88.20 92.61
7700 Mobile Repair (Ref. 7699) 88.20 92.61
7701 Bicycle Repair 88.20 92.61
7702 Screen Repair 88.20 92.61
7832 Motion Picture Theatre .47.49per seat, 97.65102.53minimum
7910 Carnival or Circus (Ref. 7999) 489.30 513.77
7911 Dance Studio/School 147.00 154.35
7922 Miscellaneous Theatrical Services 88.20 92.61
7928 Adult Entertainment (Ref. 7929) 1050.00 1102.50
A floor plan showing square footage of building, indicate portion to be allotted for this use and
seating chart if applicable, plus a site plan to show the off-street
parking, shall be submitted for review with the O.L. application and filing fee.
7929 Entertainers & Entertainment Groups 88.20 92.61
7933 Bowling Alley 49.3551.82per alley
7987 Martial Arts Instruction (Ref. 7999) 88.20 92.61
7988 Fishing Guide (Ref. 7999) 88.20 92.61
335 of 820
7989 Boat Captain Service (Ref. 7999) 88.20 92.61
7990 Athletic Clubs (Ref. 7991) 147.00 154.35
7991 Fitness Trainer 88.20 92.61
7993 Amusement Arcade, per machine See 5962
7994 Billiards (Ref. 7993) 49.3551.82per table
7995 Special Events (Ref. 7996) 147.00 154.35
7997 Bankruptcy Sale (Ref. 7389) 147.00 154.35
7998 Miscellaneous Recreation Services, NEC 88.20 92.61
7999 Boats - Recreation
Small motor crafts, each 21.00 22.05
1 - 5 passenger capacity 73.50 77.18
6 - 10 passenger capacity 97.65 102.53
10 - 50 passenger capacity 147.00 154.35
Over 50 passenger capacity 244.65 256.88
8011 Physician* 196.35 206.17
8012 Psychiatrist* 196.35 206.17
8013 Ophthalmologist 196.35 206.17
8021 Dentist* 196.35 206.17
8031 Osteopath* 196.35 206.17
8034 Relaxation Therapist (Ref. 8049) 196.35 206.17
8035 Psychotherapist (Ref. 8049) 196.35 206.17
8036 Psychologist (Ref. 8049) 196.35 206.17
8037 Physical Therapist (Ref. 8049) 196.35 206.17
8038 Occupational Therapist (Ref. 8049) 196.35 206.17
8039 Midwife (Ref. 8049) 196.35 206.17
336 of 820
8040 Mental Health Counselor (Ref. 8049) 196.35 206.17
8041 Chiropractor* 196.35 206.17
8043 Podiatrist* 196.35 206.17
8044 Hypnotist (Ref. 8049) 196.35 206.17
8045 Dietitian (Ref. 8049) 196.35 206.17
8046 Clinical Social Worker (Ref. 8049) 196.35 206.17
8047 Audiologist (Ref. 8049) 196.35 206.17
8048 Acupuncturist (Ref. 8049) 196.35 206.17
8049 Health Practitioners, NEC* 196.35 206.17
8051 Skilled Nursing Care Facilities 147.00 154.35
8059 Nursing Care Facility, NEC 3.413.58per room, 33.6035.28minimum
8062 General Medical/Surgical Centers* 196.35 206.17
8069 Hospital 147.00 154.35
8070 Diagnostic Lab (Ref. 8071) 88.20 92.61
8072 Dental Laboratory 196.35 206.17
8096 Nursing (Ref. 8099) 97.65 102.53
8097 Surgical Technician (Ref. 8099) 97.65 102.53
8098 Hearing Aid Specialist (Ref. 8099) 196.35 206.17
8099 Health & Allied Services, NEC 97.65 102.53
8111 Attorney* 196.35 206.17
8243 Computer Assembly/Setup 88.20 92.61
8244 Business School 147.00 154.35
8249 Art School 147.00 154.35
8296 Ceramic Studio (Ref. 8299) 147.00 154.35
8297 Auto Driving School (Ref. 8299) 147.00 154.35
337 of 820
8298 Piano/Instrument Instruction 88.20 92.61
8299 Schools & Education Services, NEC 147.00 154.35
8322 Individual & Family Social Services 206.17 216.48
8323 Counselor 88.20 92.61
8324 Marriage/Family Therapist* (Ref. 8322) 206.17 216.48
8351 Day Care - Children 147.00 154.35
8361 Adult Congregate Living Facility* 3.41 3.58 per room, 33.6035.28minimum
8399 Social Work Consultant* 88.20 92.61
8422 Aquarium 88.20 92.61
8610 Business Associations (Ref. 8611) 88.20 92.61
8611 Real Estate Board 88.20 92.61
8711 Engineer* 196.35 206.17
8712 Architect* 196.35 206.17
8713 Surveyor* 196.35 206.17
8721 Certified Public Accountant* 196.35 206.17
8722 Bookkeeper (Ref. 8721) 88.20 92.61
8733 Research Organization 88.20 92.61
8742 Business/Management Consultant 88.20 92.61
8748 Traffic Manager 88.20 92.61
8900 Construction Inspector (Ref. 8999) 88.20 92.61
8998 Geologist* (Ref. 8999) 196.35 206.17
8999 Services, NEC 88.20 92.61
9991 Merchant - temp./regional mall concourse
For four (4) or less temporary (less than a week), and portable, regional mall promotion activities
with sales and located within any or all of the mall concourse areas, mall owners shall pay a license fee
of $131.25 $137.81.
338 of 820
9992 Temporary retail/mall carts
Activities which would otherwise be subject to retail license business tax receipt fees, but which
are temporary and portable and located in mall concourse areas, shall be charged a license business tax
receipt fee of $39.38$41.35 for each three-month period or portion thereof. Fees will be paid quarterly
in advance by the mall operator. Fees shall be paid based upon the maximum projected number of
spaces the mall allocates for temporary and portable retail locations within the mall for the twelve-
month period commencing October the first of each year. Fees paid shall be subject to adjustment to
reflect actual operating locations. Adjustment shall be made yearly during the month of August for the
preceding twelve-month period and on written request from the mall operator. The mall operator shall
submit sufficient records to support its request for adjustment.
9993 Itinerant or Transient Merchant
Covers persons who travel from city to city and sell and deliver goods, merchandise or services to
business establishments; or who sell, demonstrate or deliver goods, merchandise or services to the
general public, and do not have a permanent place of business in the city.
Each person, per day 9.45 9.92
Each person, per week 49.35 51.82
Each person, per month 196.35 206.17
(I.D. registration required for each person.)
Notes:
* Requires a license from one of the following: Department of Professional Regulation,
Department of Business Regulation, Department of Agriculture & Consumer Services, Department
of Highway Safety & Motor Vehicles, Florida Bar
Association, Department of Banking & Finance.
NEC - Not Elsewhere Classified
Section 3.
Each and every other provision of Chapter 13, of the Code of Ordinances of the City
of Boynton Beach not herein specifically amended shall remain in full force and effect as previously
enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed, provided that no portion of the City of Boynton Beach Noise Control Ordinance shall
be repealed.
Section 5.
Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately upon passage.
339 of 820
FIRST READING
this ____ day of _________________, 2011.
SECOND, FINAL READING AND PASSAGE
this _____ day of ___________________,
2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – Marlene Ross
_____________________________
Commissioner – William Orlove
_____________________________
Commissioner – Woodrow Hay
_____________________________
Commissioner – Steven Holzman
ATTEST:
____________________________
Janet M. Prainito, MMC
City Clerk
(CORPORATE SEAL)
340 of 820
10. A
CITY MANAGER’S REPORT
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Staff update on Historic High School Planning Charette
EQUESTED CTION BY ITY OMMISSION
that took place on March 26, 2011.
ER: In December 2010, REG Architects, Inc. was contracted to assist
XPLANATION OF EQUEST
the City Commission in developing a strategy to advance the redevelopment of the Historic
High School building located on Ocean Avenue.
The contract services included the planning and facilitation of a public engagement session.
On Saturday, March 26, 2011 REG Architects and IBI Group facilitated a Public Development
Workshop & Design Charette for the Historic High School Redevelopment Project.
This four hour event, which took place on a Saturday, required attendees (public) to actively
participate in the development of design ideas/uses for the site. This process also included
identifying potential funding sources. Approximately 50 participants attended.
Staff will provide a brief update on the success of the planning charette.
H? Assist with redevelopment of Historic High
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
School.
FI: Not yet determined. Depends on plan design selected.
ISCAL MPACT
A: n/a
LTERNATIVES
341 of 820
342 of 820
343 of 820
344 of 820
345 of 820
346 of 820
347 of 820
348 of 820
349 of 820
350 of 820
351 of 820
352 of 820
353 of 820
354 of 820
355 of 820
11. A
UNFINISHED BUSINESS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 5, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-049 - Appoint an
EQUESTED CTION BY ITY OMMISSION
Ad Hoc Committee for Special Events - TABLED ON 3/15/11
ER: At the February 1, 2011, City Commission meeting, Mayor
XPLANATION OF EQUEST
Rodriguez initiated a discussion regarding establishment of a Special Events Advisory Board
for the City. Following an unsuccessful motion to create a new advisory board, the
Commission approved a substitute motion (4-1) to establish an ad hoc committee for special
events that includes one member each from the Community Relations Board, Recreation &
Parks Board, Education and Youth Advisory Board, Arts Commission, and Planning &
Development Board for the next year and to reassess the committee after the first year.
H? This ad hoc committee will provide the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
opportunity to have all special events taking place in the City planned, discussed and budgeted
in one central location with parties interested in the events. In general, where these
committees exist, their purpose is to make recommendations to city commissions of
fundraising opportunities, special event opportunities, and other activities and opportunities
throughout each fiscal year. Attached are three examples of Special Events Committees in the
City of West Palm Beach, Florida (exhibit A); the City of Newport Beach, California (exhibit B);
and the City of Ogden, Utah (exhibit C).
FI: Cost of clerical services.
ISCAL MPACT
A: None.
LTERNATIVES
356 of 820
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ESTABLISHING AN AD HOC
COMMITTEE FOR SPECIAL EVENTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS
, the City Commission of the City of Boynton Beach has determined that it is in the
best interests of the citizens and residents of the City to establish an Ad Hoc Committee for Special
Events; and
WHEREAS
, this ad hoc committee will provide the opportunity to have all special events taking
place in the City planned, discussed and budgeted in one central location with parties interested in the
events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and
confirmed by the City Commission.
Section 2. The City Commission here by establishes an Ad Hoc Committee for Special
Events comprised of one member each from the Community Relations Board, Recreation & Parks
Board, Education and Youth Advisory Board, Arts Commission and Planning & Development Board.
Section 3. The City Commission of the City of Boynton Beach will reassess The Ad Hoc
Committee for Special Events after the first year.
Section 4. The Ad Hoc Committee for Special Events shall function in the sunshine.
Section 5. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this ______ day of April, 2011.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
357 of 820
___________________________________
Vice Mayor – Marlene Ross
___________________________________
Commissioner – William Orlove
___________________________________
Commissioner – Woodrow L. Hay
___________________________________
Commissioner – Steven Holzman
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
358 of 820
359 of 820
360 of 820
361 of 820
362 of 820
363 of 820
364 of 820
365 of 820
366 of 820
367 of 820
368 of 820
369 of 820
370 of 820
371 of 820
372 of 820
11. B
UNFINISHED BUSINESS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept staff report regarding transparency in City
EQUESTED CTION BY ITY OMMISSION
Government and the "Open Wellington" webpage.
ER: At the April 5, 2011 City Commission meeting, a member of the
XPLANATION OF EQUEST
Commission remarked on a presentation at the Palm Beach County League of Cities meeting
regarding Transparency in Government given by representatives of the Town of Wellington.
City staff was directed to bring back to the City Commission information about Wellington’s
Open Wellington
program called .
Open Wellington
is an online tool providing open access to financial information and public
records. This site promotes government transparency allowing residents and other interested
parties online access at their convenience. Information presented on this website is collected,
maintained and provided for public use. While every effort is made to keep such information
accurate and up-to-date, financial information presented is unaudited and in some instances
documents provided may not be final versions. The City of Wellington may make changes to
information at any time to add or update the information provided.
Open Wellington
Through the Financial Transparency Link at , vendor payment information
can be identified through various search criteria’s such as: Expense Type,
Department, Service Area, Fund and Vendor Payee. While financial information has been
available through public records requests, providing this information online is the first step
toward greater transparency.
Open Wellington
Also located at the site is the Document Management tool which is currently
under development and will provide access to public record documents related to council
373 of 820
meetings and recorded documents. Information will be available through searches that will
allow visitors to access and print documents of interest. All other documents will continue to
follow their Public Information Request Process.
Open Wellington
Another feature of is the feedback form where citizens can make comments
and ask questions. Response time is within two (2) business days. For more information, cut
and paste the following to your web browser:
http://www.youtube.com/user/MyWellingtonFl?feature=mhum#p/u/0/iagn6EGyprA
H? City of Boynton Beach ITS staff
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
performed a cursory examination of the web page presented publicly as “Open Wellington.”
The intent was to gather information to make a preliminary comparison between “Open
Wellington” and public information currently available online via the City’s official website,
www.boynton-beach.org
“Open Wellington” web page presents two components: Financial Transparency; Document
Management (Beta)
The information gathering process was hampered by the fact that Wellington’s “Financial
Transparency” service was “temporarily unavailable” over a span of several consecutive
business days and remained so at least through the time of this writing (during the morning of
4/20/11).
A cursory and preliminary review revealed that Wellington’s “Document Management (Beta)”
utilizes LaserFiche WebLink to present public information on the web. The City of Boynton
Beach has utilized LaserFiche and WebLink for a number of years now.
Background: In 1997 the City of Boynton Beach began using LaserFiche, an electronic
document management solution (EDMS) to digitize paper hardcopy documents from Human
Resources Department. During FY1999-2000, the City of Boynton Beach expanded its
LaserFiche EDMS initiative across the enterprise. The expansion included the acquisition of
WebLink, a LaserFiche software component, for publishing documents to the World Wide
Web.
The City of Boynton Beach currently maintains a total of thirteen (13) departmental LaserFiche
repositories: City Clerk; City Manager; Development; Finance; Fire Department; Human
Resources; Information Technology Services; Library; Parks; Pension; Public Works; Risk
Management; Utilities.
374 of 820
Public Information on the Web - LaserFiche and WebLink:
During calendar year 2000, the City of Boynton Beach began utilizing WebLink to publish
certain types of public information. Use of WebLink expanded in September 2007 when the
“Public Records Search” web page appeared online via our Internet website.
(Figure 1: Public Records Search web page)
From this entry portal, our website visitors may browse and search a variety of content from
among three separate departmental repositories: City Clerk, Development, and Finance. Each
participating department has identified specific folders and files to present on the web:
City Clerk: Advisory Board agendas and minutes; City Commission agendas and minutes;
Code of Ordinances; Election information; Palm Beach County Inspector General documents;
Lobbyist information; Ordinances; Resolutions.
Development: Building records; Business Tax receipts; Planning & Zoning Land Development
Records; a variety of P&Z maps and publications.
Finance: Budget archives from FY2001-2002 to FY2010-2011; CAFR archives from FY2000-
2001 to FY2008-2009; archive of documents pertaining to Boynton Beach Historic High
School.
FI: No impact on Boynton Beach. Informational report.
ISCAL MPACT
A: Not to accept the report.
LTERNATIVES
375 of 820
13. A
LEGAL
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:(1) Accept a payment from PBS&J in the amount of
EQUESTED CTION BY ITY OMMISSION
$39,897.86 as the final settlement of design-related issues causing excess construction costs incurred
on the SE Federal Highway / SE 4TH Street Water Main and Drainage Improvements projects and
(2) Approve City payment of the final invoice for $15,781.00 from PBS&J to close out Task Order No.
U04-16-2 approved by the City Commission on February 17, 2004
ER: The SE Federal Highway / SE 4TH Street Water Main and Drainage
XPLANATION OF EQUEST
Improvements projects were successfully completed by B&B Underground Contractors, Inc. and
on September 21, 2010 the Commission approved final payment on the construction contract.
However, a number of construction design issues were raised that contributed in part to a
construction budget over run. To compensate, the Utilities Department and PBS&J, the design
engineer, negotiated and recommend a cost sharing agreement for the projects in order to
resolve all design-related project cost issues. The result of the cost sharing agreement is that
the City accepts a payment of $39,897.86 from PBS&J for the cost of construction change
orders at issue. In turn, the City will pay PBS&J’s final invoice of $15,781.00 bringing the net
cost of design engineering services to $359,239.98.
The following paragraphs outline the construction design issues, the construction costs, the
cost sharing agreement and the final design engineering costs.
Construction Design Issues - During the course of the construction phase of projects, a
number of constructability issues arose. During the development of the resolutions, it was
determined that several of the issues were due to design oversight by PBS&J. In order to
keep the construction moving forward, each of these issues were dealt with as they arose and
376 of 820
were addressed via the Field Change Directive (FCD) procedure set forth in our Contract
Documents.
Some of the challenges encountered on the project that required the issuance of FCDs
included additional water and reclaimed water connections, future service connections,
uncharted underground utilities, the need for conflict structures (between existing sewer
laterals and the new exfiltration trench), additional signage and grade changes.
Construction Costs - The Commission approved the construction phase of the project on
April 21, 2009 for a total amount of $2,466,047.87. The project was successfully completed by
B&B Underground Contractors, Inc. and on September 21, 2010 the Commission approved
final payment on the construction contract.
Of the $224,186.17 approved contingency, $210,003.00 was spent to address unforeseen
conditions as discovered during construction and documented on executed FCDs. The total
amount of quantity over runs was $124,463.60. However, the project deleted $67,380.85 due
TH
to the removal of the deep sewer tie-in on SE 6 Avenue. This reduced the net project over
run to $42,899.58 as summarized below.
$2,241,861.70 awarded to B&B Underground Contractors, Inc.
$ 224,186.17 approved contingency of 10%
$2,466,047.87 total approved project construction budget
$ 210,003.00 executed FCDs (due to unforeseen conditions)
$ 124,463.60 quantity over runs (inaccurate design quantities)
th
$( 67,380.85) removal of deep water sewer tie-in on SE 6 Ave
$ 267,085.75 net cost increases
$(224,186.17) less approved contingency
$ 42,899.58 $ 42,899.58 net 1.7% construction budget over run
$2,508,947.45 total project construction costs incurred
Cost Sharing Agreement – In working with PBS&J to resolve this budget over run issue, the
City and PBS&J staff developed a cost sharing position for each of the applicable and
corresponding Field Change Directives. A total of $161,835.85 in construction changes was
determined to be partially due to the engineer’s error or omission. Following the City’s Errors
and Omissions policy, staff endeavored to identify what percentage of these costs could be
considered as a “premium” cost, due to the lack of competitive bidding on these items.
The premium cost is based upon the premise that if the work had been identified in the bid, the
City would have paid the bid price for the work. Therefore, it is assumed that the cost of doing
the unforeseen work would result in the City paying a premium (not competitively bid) and that
the premium cost is being borne by the Engineer.
The premium cost was estimated to be 20% except for certain items as noted in the table
below. The two items noted to be in excess of the 20% premium cost split were the conflict
structures. The percentage for these items is higher due to additional and related impacts to
the project. The overall split of approximately 75%/25% was agreed to in the cost sharing
negotiations.
Cost Sharing Cost Sharing
FCD
Percentages Values
Description Value
(COR)
City PBS&J City PBS&J
377 of 820
3 (3)
Reclaimed at AT&T $ 17,108.00 80% 20% $ 13,686.40 $ 3,421.60
4 (5)
Reclaimed at 5th Ave $ 18,959.00 80% 20% $ 15,167.20 $ 3,791.80
6 (7)
Potable at AT&T $ 26,385.00 80% 20% $ 21,108.00 $ 5,277.00
7 (8)
Potable tie-in $ 9,877.00 80% 20% $ 7,901.60 $ 1,975.40
8 (16A)
Procure conflict structures $ 35,725.00 70% 30% $ 25,007.50 $10,717.50
12 (6)
6th Ave Sewer $ 14,200.00 80% 20% $ 11,360.00 $ 2,840.00
13 (16)
Install conflict structure $ 39,581.85 70% 30% $ 27,707.30 $11,874.56
75% 25%
Total $161,835.85 $121,938.00 $39,897.86
Final Design Engineering Costs – PBS&J task order activity follows:
Original Task Order $ 290,781.00
Add total Amendments & Change Orders $ 378,619.00
Less Reduction in Scope (construction management) $ (241,583.00)
Net Project Task Order Value $ 427,817.00
Payments to Date $ 383,356.84 $ (383,356.84)
Current Task Order Balance $ 44,460.00
PBS&J Cost Sharing Payment $ (39,897.86) $ 39,897.86
PBS&J Outstanding Invoice $ 15,781.00 $ (15,781.00)
Net Expenditures (84% of Task Order) $ 359,239.98
Final Task Order (Under Run) Balance to Disencumber $ 68,576.86
Total payments to PBS&J equates to just 84% of the net project task order value.
H? The recommendation to accept the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
foregoing $39,897.86 payment from PBS&J will not affect City programs or services since the
TH
SE Federal Highway / SE 4 Street project is complete and the City has made final payment
to the construction contractor.
FI: By the Commission accepting this cost sharing agreement and payment from
ISCAL MPACT
PBS&J, the cost of their design services will be reduced by $39,897.86 (approximately 10%) to
$359,239.98 and the cost of the project to the City will be reduced accordingly.
A:
LTERNATIVES
Accept the $39,897.86 offer as stated in the attached PBS&J letter dated December 16,
2010. (Recommended)
Not accept the offer and renegotiate. (Not recommended)
378 of 820
379 of 820
380 of 820
381 of 820
382 of 820
383 of 820
13. B
LEGAL
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 5, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Charter Review Committee Appointment -TABLED ON
EQUESTED CTION BY ITY OMMISSION
3/15/11
ER: At the January 18, 2011 City Commission meeting, the
XPLANATION OF EQUEST
Commission directed City staff to bring back for review a suggested timeline and scope of work
for the Charter Review. The City Commission directed that an ad-hoc committee made up of
five persons, each nominated from a member of the Commission be appointed.
By way of background, the last time the full Charter was reviewed was in 2001. The
Committee can be provided with external resources available; including the charters of other
Palm Beach County cites and the National Civic Leagues Model City Charter. The table of
contents of the National Civic League Charter is attached as a reference.
The recommended scope of the Ad-Hoc Charter Review Committee is as follows:
1. Review the form and content of each Article of the Charter for possible changes or
modifications.
2. Give special attention to the timeline and methodology for establishing City Commission
District Boundaries. Specifically, the current Charter requires this to be done every four years
using a university. Because detailed census data (block data) is available only once every ten
years, the four-year review cycle may be unrealistic. The pros and cons of requiring the use of
an outside university to conduct the study should be addressed by the Ad-Hoc Charter Review
Committee. For 2011, there is no issue because the 2010 Census data will be available in
April 2011.
3. The schedule of elections for the next two years is as follows:
384 of 820
No City of Boynton Beach election in March 2012
Supervisor of Election will have an election November 6, 2012*
Supervisor of Election will have an election March 5, 2013
* Note: There may be a Primary Election in August 2012
H? Depending on the results of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
recommendations of the Ad-Hoc Charter Review Committee there may be substantive
changes to the City structure.
FI The 2010 city-wide election cost the City approximately $57,000. It would be a
ISCAL MPACT
city-wide election for a referendum. In addition there is an estimated cost of about $5,000 for
materials, legal notices, copying and printing. The City Attorney has indicated that legal
services for the project are covered under the current retainer so there will be no additional
cost.
A: None. The Commission has already directed that Charter review be conducted;
LTERNATIVES
all that remains is selection of the Committee members by the City Commission.
385 of 820
386 of 820
387 of 820
388 of 820
389 of 820
390 of 820
391 of 820
392 of 820
393 of 820
394 of 820
395 of 820
396 of 820
397 of 820
398 of 820
399 of 820
400 of 820
401 of 820
402 of 820
403 of 820
404 of 820
405 of 820
406 of 820
407 of 820
408 of 820
409 of 820
410 of 820
411 of 820
412 of 820
413 of 820
414 of 820
415 of 820
416 of 820
417 of 820
418 of 820
419 of 820
420 of 820
421 of 820
422 of 820
423 of 820
424 of 820
425 of 820
426 of 820
427 of 820
428 of 820
429 of 820
430 of 820
431 of 820
432 of 820
433 of 820
434 of 820
435 of 820
436 of 820
437 of 820
438 of 820
439 of 820
440 of 820
441 of 820
442 of 820
443 of 820
444 of 820
445 of 820
446 of 820
447 of 820
448 of 820
449 of 820
450 of 820
451 of 820
452 of 820
453 of 820
454 of 820
455 of 820
456 of 820
457 of 820
458 of 820
459 of 820
460 of 820
461 of 820
462 of 820
463 of 820
464 of 820
465 of 820
466 of 820
467 of 820
468 of 820
469 of 820
470 of 820
471 of 820
472 of 820
473 of 820
474 of 820
475 of 820
13. C
LEGAL
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-013 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendment to add provisions and standards (CDRV 11-001) to the Land
Development Regulations (LDR), Chapter 2, Article II General Provisions, Section 8, to accommodate
solid waste collection sites and temporary housing during periods of declared emergencies. Applicant:
City-initiated.
ER: This item consists of code amendments related to temporary
XPLANATION OF EQUEST
conditions experienced following a major storm event or other man-made or natural disaster.
One amendment would allow establishment of temporary sites for the collection of vegetative
and other related debris, and the other amendment is the reinsertion of previously approved
provisions for temporary (emergency) housing.
As part of hurricane clean up efforts after the storms in 2004 and 2005, we learned that local
proximity to the debris disposal site is a key element in how quickly debris can be removed
from a community. The more rapidly a community can be cleaned of storm debris, the more
quickly a sense of normalcy occurs.
The John Prince Park on Congress Avenue was the City’s primary debris disposal site during
the storms of 2004 and 2005. However, it now appears that this location will not be available
for future storms and disposal sites will be located farther west, perhaps as far as State
Highway 441. Therefore, it is desirable to encourage the location of debris disposal and
processing sites closer to Boynton Beach.
Many companies in the private sector are willing to construct and maintain debris disposal
sites and processing facilities for storm generated materials only. Each of these sites would be
properly permitted by the Solid Waste Authority and Department of Environmental Protection.
However, the City’s current LDR does not provide for the location of any such facility within any
476 of 820
zoning district in the City. Therefore, the proposed code will allow for this. The proposed
language specifically allows for only one debris disposal and processing facility in the City at
any one time and that such facility must be permitted and approved by the City Commission
prior to the start of the hurricane season. Any selected site could only be used for disposal and
processing of hurricane debris after a declared state of emergency, nothing else. Finally, the
proposed code language provides for fee payment in the amount of $1,000 and then $0.50 for
each cubic yard of debris processed if there is an actual storm. This fee could easily generate
$250,000 or more after a major storm event.
With respect to emergency housing, in January of 2006, the City Commission approved
Ordinance 05-073, which allows mobile homes and trailers within residential areas as
temporary uses for emergency housing purposes. The approved provisions however, were
never inserted into the code by the City’s publishing company and as such, were unwittingly
excluded from the new LDR. This amendment to accommodate temporary solid waste
collection sites provides an opportunity to reinsert these previously approved, but omitted
provisions.
H? City clean up operations will proceed
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
much more quickly. Absent a nearby disposal and processing facility, City haul trucks could be
required to travel greater distances at greater cost and significantly more time.
FI: Revenue could be substantial based upon a fee of $0.50 per cubic yard.
ISCAL MPACT
A: Deny subject request.
LTERNATIVES
477 of 820
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, ARTICLE II, GENERAL PROVISIONS, TO
ACCOMMODATE SOLID WASTE COLLECTION SITES AND TEMPORARY
HOUSING DURING PERIODS OF DECLARED EMERGENCIES MINIMUM
OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR)
involving the solid waste collection sites and temporary housing during periods of declared
emergencies; and
WHEREAS,
as part of hurricane cleanup efforts after the storms in 2004 and 2005 we learned
that local proximity to the debris disposal site is a key element in how quickly debris can be removed
from a community and a sense of normalcy occurs; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interest of the citizens and residents of the City to amend the Land Development Regulations to
accommodate solid waste collection sites and temporary housing during periods of declared
emergencies.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 2, Article II, General Provisions, Section 8, of the Land Development
Regulations, is hereby amended by adding the words and figures in underlined type, as follows:
Section 8. Temporary Buildings and Collection Sites.
A.In Connection with Construction Activity.
Temporary buildings such
as models, offices and tool sheds used in conjunction with construction work
only, may be permitted in any district after approval of the building inspection
department and the removal of which is accomplished within thirty (30) days after
478 of 820
construction ceases or is completed. Mobile and temporary storage structures
shall be regulated in accordance with Chapter 3, Article V, Section 3.E.2.
B. Emergency Housing.
1.
In the event a housing emergency is declared to exist by the City
Commission following a natural or man-made disaster, and subject to the
conditions contained in this subsection, temporary structures such as
mobile homes, travel trailers, and recreational vehicles may be used as
temporary housing by individuals who have been displaced from their
primary residence due to damage from the disaster.
2.
The following conditions shall apply to the use and placement of
temporary structures such as mobile homes, travel trailers, and
recreational vehicles placed on properties only after the City Commission
declares a housing emergency following a natural or man-made disaster:
a.
A maximum of one (1) travel trailer / mobile home /
recreational vehicle for the sole occupancy by the existing
residents of the damaged home, will be allowed on an existing
home site providing the following conditions exist on the site:
(1) The home located on the site has been declared
“unsafe” by the Building Official or designee;
(2) The sanitary sewer must be properly connected to
the City’s sanitary sewer system in accordance with codes
in effect at the time;
(3) Electrical service must be available on-site and
have a proper connection for a travel trailer / mobile home /
recreational vehicle; and
(4) Only a licensed mobile home installation contractor
will be allowed to apply for a permit and perform any work
related to the connection of plumbing, electrical, and
mechanical service systems to the site.
b.
Setback requirements shall be complied with to the
maximum extent possible;
c.
All other applicable regulations and code requirements,
except parking, shall apply, including but not limited to flood plan
management;
d.
The use of mobile homes, recreational vehicles, or travel
trailers as temporary residences in a zoning district where such use
is prohibited prior to the declaration of the housing emergency
shall cease either upon the repair or reconstruction of the
individual’s residence or no later than 18 months after the date the
479 of 820
City Commission declares a housing emergency, whichever occurs
first;
e.
Housing sites for multiple temporary dwelling units
established by the Federal Emergency Management Agency and
approved by the City Commission, may be established in any
zoning district;
f.
All drainage and stormwater management requirements
shall be met Legal and proper disposal of all sanitary sewer and
stormwater is required;
g.
Water and / or sewer connection to previously unserved
locations will require permits and the payment of applicable
connection fees.
3.
No person shall occupy a temporary dwelling unit prior to
inspection of the unit by the City and the issuance of a certificate of
occupancy or temporary certificate of occupancy, as determined by the
Building Official.
C.Emergency Solid Waste Collection Sites.
The City hereby authorizes
the establishment of Emergency Solid Waste Processing Sites that may be placed
into operation only following a declared State of Emergency by the City
Commission, Palm Beach County, and / or the State of Florida. Minimal site
preparation and access work may be conducted through other normal agency
permit processes prior to the State of Emergency declarations. No more than one
(1) Emergency Solid Waste Processing site shall be allowed in the City at any one
time and the location of such site shall be approved by the City Commission prior
to June 1 of each calendar year, a date coinciding with the declared start of
hurricane season. The selected site shall be allowed in any zoning district
provided that it is at least eight (8) acres. City Commission approval may include
any conditions of approval based on the unique character of the site and
surrounding area. The fee shall be $1,000 plus $0.50 per cubic yard for each yard
of material processed at the site as part of an Event cleanup.
Section 3. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
(REMAINDER OF PAGE LEFT BLANK)
480 of 820
FIRST READING this ____ day of ____________, 2011.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
481 of 820
Section 8. Temporary Buildings and Collection Sites.
A.In Connection with Construction Activity.
Temporary buildings such
as models, offices and tool sheds used in conjunction with construction work
only, may be permitted in any district after approval of the building inspection
department and the removal of which is accomplished within thirty (30) days after
construction ceases or is completed. Mobile and temporary storage structures
shall be regulated in accordance with Chapter 3, Article V, Section 3.E.2.
B. Emergency Housing.
1.
In the event a housing emergency is declared to exist by the City
Commission following a natural or man-made disaster, and subject to the
conditions contained in this subsection, temporary structures such as
mobile homes, travel trailers, and recreational vehicles may be used as
temporary housing by individuals who have been displaced from their
primary residence due to damage from the disaster.
2.
The following conditions shall apply to the use and placement of
temporary structures such as mobile homes, travel trailers, and
recreational vehicles placed on properties only after the City Commission
declares a housing emergency following a natural or man-made disaster:
a.
A maximum of one (1) travel trailer / mobile home /
recreational vehicle for the sole occupancy by the existing
residents of the damaged home, will be allowed on an existing
home site providing the following conditions exist on the site:
(1) The home located on the site has been declared
“unsafe” by the Building Official or designee;
(2) The sanitary sewer must be properly connected to
the City’s sanitary sewer system in accordance with codes
in effect at the time;
(3) Electrical service must be available on-site and
have a proper connection for a travel trailer / mobile home /
recreational vehicle; and
(4) Only a licensed mobile home installation contractor
will be allowed to apply for a permit and perform any work
related to the connection of plumbing, electrical, and
mechanical service systems to the site.
b.
Setback requirements shall be complied with to the
maximum extent possible;
c.
All other applicable regulations and code requirements,
except parking, shall apply, including but not limited to flood plan
management;
482 of 820
d.
The use of mobile homes, recreational vehicles, or travel
trailers as temporary residences in a zoning district where such use
is prohibited prior to the declaration of the housing emergency
shall cease either upon the repair or reconstruction of the
individual’s residence or no later than 18 months after the date the
City Commission declares a housing emergency, whichever occurs
first;
e.
Housing sites for multiple temporary dwelling units
established by the Federal Emergency Management Agency and
approved by the City Commission, may be established in any
zoning district;
f.
All drainage and stormwater management requirements
shall be met;
g.
Water and / or sewer connection to previously unserved
locations will require permits and the payment of applicable
connection fees.
3.
No person shall occupy a temporary dwelling unit prior to
inspection of the unit by the City and the issuance of a certificate of
occupancy or temporary certificate of occupancy, as determined by the
Building Official.
C.Emergency Solid Waste Collection Sites.
The City hereby authorizes
the establishment of Emergency Solid Waste Processing Sites that may be placed
into operation only following a declared State of Emergency by the City
Commission, Palm Beach County, and / or the State of Florida. Minimal site
preparation and access work may be conducted through other normal agency
permit processes prior to the State of Emergency declarations. No more than one
(1) Emergency Solid Waste Processing site shall be allowed in the City at any one
time and the location of such site shall be approved by the City Commission prior
to June 1 of each calendar year, a date coinciding with the declared start of
hurricane season. The selected site shall be allowed in any zoning district
provided that it is at least eight (8) acres. City Commission approval may include
any conditions of approval based on the unique character of the site and
surrounding area. The fee shall be $1,000 plus $0.50 per cubic yard for each yard
of material processed at the site as part of an Event cleanup.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-001 Temp Emergency Housing - Solid Waste Collection Site\Draft Language.doc
483 of 820
13. D
LEGAL
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-014 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING. - Approve the staff initiated creation of a City of Boynton Beach Green Building Program
Ordinance.
ER: City Staff is proposing a draft voluntary Green Building Program
XPLANATION OF EQUEST
Ordinance. The ordinance includes Green Building Incentive Fees, based upon the
International Code Council’s, International Green Construction Code, and incorporating
elements of the ICC 700 National Green Building Standard, as the premise for the City of
Boynton Beach Green Building Program.
H? This program furthers the approved
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Climate Action Plan initiative 4.5.2 Sustainable Construction and 4.5 Land Use and
Development.
This program will incentivize Commercial and Residential properties within the City limits of
Boynton Beach to voluntarily participate in a Green Building Program, administered by the
Department of Development, furthering the implementation of the City’s approved Climate
Action Plan toward overall reduction of Community-wide, Greenhouse Gas Emissions,
achieved through energy use reduction and water conservation efficiencies.
This program will incorporate both Commercial reductions in phase 1, presented here, and
Residential reductions through the next phase, to be incorporated in the first quarter of 2012.
The final phase of the program is anticipated to include guidelines and incentives for the
addition of renewable energy sources to structures which have successfully participated in the
Green Building Program
484 of 820
Through these incentives, the City will achieve both Community-wide and City Operations
reduction benefits. Water and wastewater conservation efforts will forestall the construction of
projected water generation and waste water purification needs and reduce the overall cost of
water deliver, and related energy costs to the Citizens of Boynton Beach.
FI: The ordinance proposes a Green Building Fund to be utilized for both Green
ISCAL MPACT
Building incentives as well as Sustainability initiative funding. At the proposed rate of
$0.00011 per permit valuation, the Green Building Fund would generate approximately $800
per month, based upon current permit activity.
The ordinance also provides for State Tax Exemption for renewable energy improvements and
Brown field development along with incorporation of CRA TIFF increment incentive through a
Developers Agreement outlining the incentive and program participation level.
A: 1) Do not approve the Green Building Program.
LTERNATIVES
2) Remove or alter the fee incentive from the Ordinance
485 of 820
ORDINANCE NO. 11 - _____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING PART III , LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, LAND DEVELOPMENT PROCESSES,
ARTICLE I, OVERVIEW AND AMENDING ARTICLE VI, IMPACT AND
SELECTED FEES; TO CREATE PROVISIONS FOR A VOLUNTARY GREEN
BUILDING PROGRAM FOR THE CITY OF BOYNTON BEACH; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS
, the City Commission of Boynton Beach has determined and approved
through the adoption of the City of Boynton Beach Climate Action Plan, that it would be
advantageous and beneficial to the citizens of the City of Boynton Beach (the “City”) to create
procedures and incentives for the implementation of a green building program; and
1
WHEREAS
, buildings within the City consumed 46 percent of total energy used in
2006, and commercial buildings constituted 21 percent of that total; and
WHEREAS,
the amount of salvageable structural lumber disposed of annually in the
2
U.S. is approximately one billion board feet; and
WHEREAS
, the average per person use of publicly supplied water in Boynton Beach is
114 gallons per day with an additional 18 gallons per day in commercial use or 48,180 total
gallons per year; and
WHEREAS
, the City Commission has determined that it is in the best interest of the
citizens of the City to promote energy efficiency, water conservation, and the responsible use of
resources.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA that:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
1
City of Boynton Beach, Greenhouse Gas Emissions Inventory
2
Green Sustainable Growth Symposium, Lake County, Florida
486 of 820
Section 2.
Chapter 2, Article I, Overview, of the Land Development Regulations, is hereby
amended by adding the words and figures in underlined type, as follows:
CHAPTER 2, ARTICLE I OVERVIEW:
Section 5. Green Building Program
.
A.Purpose and Intent.
The Green Building Program establishes procedures
and incentives for the implementation of green building standards. The program
is intended to encourage the incorporation of green building practices into
development projects. The program may be applied to any development within
the City, including redevelopment projects and government initiated development
projects, submitted for City review.
B. Government Leadership.
To demonstrate the City’s commitment to a
green building program, the City shall comply with the green building program
established herein for all government buildings pursuant to Section 255.2575(2)
Florida Statutes, and
1.
Track and report the City’s annual water and energy use; and
2.
Publish an annual report that outlines the City’s energy and water
use performance for the prior year and outline methodologies for potential
reductions in keeping with the approved Climate Action Plan initiatives.
C. Scope and Applicability.
This program applies to all lands private and
public within the City and the City-owned well fields. The scope of its
application shall be for development approvals and building permits submitted for
the voluntary green building program. Such plans and approvals shall be
reviewed for compliance with the appropriate parts of the adopted City’s
Comprehensive Plan and the land development regulations in addition to the
requirements of the Green Building Program.
D Incentives.
The City shall provide the following incentives to
encourage the use of this program and are hereby authorized:
1. Expedited Permitting.
For any voluntary program
participant, the City shall provide expedited review in accordance with
Section 4 above as approved in ordinance 09-024. All such applications
for expedited review shall be accompanied by the appropriate forms,
evidence of a completed green building certification application according
to the requirements of the certifying entity, and proof of payment of the
application fee required to process the application for certification. A City
staff member shall be designated as project manager and shall work in
close contact with the applicant and certifying agent. The project manager
shall oversee the expedited review of the project once formal plans have
been prepared and submitted to the City.
2. Fees and Tax Incentives.
487 of 820
a. Purpose and Intent.
Within 180 days of the effective date
of this program, the City shall establish an incentive program to
promote early adoption of green building practices by applicants
for new site plans and building construction permits for buildings
regulated by this code. The incentive program shall be funded by
funds deposited in the Green Building Fund, subject to the
availability of funds. As part of the incentive program, the City
and / or the Boynton Beach Community Redevelopment Agency
shall establish a property tax incentive along with the Green
Building Fee incentive for Qualifying Green Building Program
Projects, and may provide grant funding to help defray the costs
associated with the early adoption of the Green Building Program.
Property Tax incentives shall be incorporated into a Developers
Agreement pursuant to the requirements of the Green Building
Program.
b. Green Building Fund.
There is established a fund
designated as the Green Building Program Fund, herein referred to
as “Fund,” separate from the General Fund of the City of Boynton
Beach. All additional monies obtained in connection with the
Green Building Fee (subparagraph “c” below) shall be deposited
into the Fund without regard to fiscal year limitations and used
solely to pay the cost of operating and maintaining the Fund for the
purposes contained in this subsection. All funds, interest and other
amounts deposited into the Fund shall not be transferred or revert
to the General Fund of the City at the end of any fiscal year or at
any other time, but shall continually be available for the uses and
purposes set forth in this section. The Fund shall be used as
follows:
(1) Staff salaries and operating costs to provide
technical assistance, plan review, and inspections and
monitoring of green buildings achieving certification
through the Green Building Program.
(2) Education, training and outreach to the public and
private sectors on green building practices; and
(3) Incentive funding for public and private buildings
as provided herein, including establishing a Energy
Efficiency/Water Conservation Revolving Loan fund .
(4) Incentive funding for energy efficiency and water
conservation efforts in City owned facilities pursuant to the
City’s GHGE reduction goal adopted in the Climate Action
Plan.
c. Green Building Fee.
A Green Building Fee, herein
referred to as “Fee” is established to fund the implementation of
this program and the Fund. Upon the effective date of this
ordinance, the Fee shall be established by increasing the building
488 of 820
construction permit fees in effect at the time in accordance with the
following:
All building permits – an additional fee of $0.00011 based on
permit valuation.
d. Community Redevelopment Agency (CRA) Tax
Increment Financing Funding.
CRA Board approved Tax
Increment Finance Funding incentivefor projects within the CRA
district participating in the program incorporated as part of the
City’s Developer’s Agreement, requiring proof of Certification and
annual reporting as outlined in the program.
3. Signage.
The City shall allow the following bonuses to the
currently allowed signage regulations:
a.
One (1) additional temporary construction sign may be
installed that notes that “This project is a City of Boynton Beach
Green Building Project by [Company Name].” This additional
temporary construction sign must meet the standard dimensional
requirements as set forth in Chapter 4, Article IV, Section 4.B.3.
b.
The notation “City of Boynton Beach Green Building
Project” may be added on the project entry monument signage.
The additional sign area to include the City approved notation
letters and logo shall be a maximum of four (4)-inches high by 42-
inches wide. Additional sign area greater than that allowed by the
land development regulations shall be permitted for this notation
only.
4. Marketing.
For any program participant, the City shall provide
the following marketing incentives, including but not limited to:
a.
The inclusion of program participants on a webpage
dedicated to the program;
b.
The creation of promotional documents such as a program
logo for a participant’s advertisements or brochures; and
c.
Press releases.
5. Green Building Award.
For the purpose of publicly
recognizing outstanding commitment to the green building, the program
shall provide for an award called the “City of Boynton Beach Green
Building Award” to be awarded annually by the City to one program
participant obtaining the most elective points and greatest annual energy
reduction.
E. Certification Verification.
The applicant shall provide documentation
to the City verifying the authenticity of a project’s green certification as outlined
489 of 820
in the Green Building Program. The program shall be subject to certification by a
qualified third party.
F. Education and Training.
The City, in conjunction with the ICC,
FGBC, USGBC, GBI or other state or nationally recognized high-performance
green building rating system, may conduct training workshops for the purpose of
educating potential or current program participants about the program.
1.
The City will attempt to make available a meeting space at a
government facility for green building programs offered by organizations
that are of a general nature (not product specific). Organizations shall
contact the facility’s staff to make arrangements.
2.
Development Department staff shall be encouraged to attend at
least eight (8) hours of green building training annually.
Section 6.Development Orders
.
Deleted:
5
The City Clerk or designee will record specific action by the Advisory Board and City
Commission with respect to each staff comment or recommendation. The City Clerk
shall also sign and witness the completed record of the proceedings which then becomes
the official and final development order.
For the purpose of the issuance of development orders and permits, the City of Boynton
Beach has adopted level of service standards for public facilities and services which
include roads, sanitary sewer, solid waste, drainage, potable water, and parks and
recreation.
Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is
required. See Chapter 1, Article VI for additional regulations regarding the concurrency
management system.
Section 7.Revocation of a Development Approval.
Deleted:
6
Unless described otherwise in this article, the following procedures shall outline the
revocation of a development approval:
A. Initiation.
The Director of Planning and Zoning shall investigate
alleged violations of imposed condition or conditions. The Director of Planning
and Zoning shall determine whether or not to terminate or suspend a development
approval. If the Director of Planning and Zoning determines that a termination, or
suspension, of a development approval is appropriate, a recommendation,
including the reason or reasons for their determination, shall be made to the City
Commission who shall conduct a public hearing on the matter.
B. Grounds for Revocation.
The following are grounds for revocation of
a development approval:
490 of 820
1. Misleading Information.
The intentional provision of
materially misleading information by the applicant (the provision of
information is considered “intentional” where the applicant was aware of
the inaccuracies or could have discovered the inaccuracies with reasonable
diligence); and
2. Non Compliance.
The failure to correct any violation of any
condition of a development approval within the time specified by the City
and / or after notification from the City of violations of the development
approval.
C. Notice and Public Hearing.
Notice of the hearing shall be provided to
the development approval holder at least 10 working days prior to the hearing.
Such notice shall be in writing and delivered by personal service or certified mail
and shall advise of the Director of Planning and Zoning’s recommendation as well
as the date and location of the hearing before the agency.
D. Decision and Notice.
The agency shall prepare a development order
approving, approving with conditions, or denying the Director of Planning and
Zoning’s recommendation. The development order shall contain findings that
address the basis for condition or conditions that have been violated and the harm
such violation has caused. In the case of suspension of the use, the development
order shall state the length of time such violation can be cured. In the case of a
termination, the development order shall state the reason such violation cannot be
cured.
Section 3.
Chapter 2, Article VI, Impact and Selected Fees, of the Land Development
Regulations, is hereby amended by adding the words and figures in underlined type, as follows:
CHAPTER 2, ARTICLE VI IMPACT AND SELECTED FEES:
Section 8. Green Building Program.
See Chapter 2, Article I, Section 5 for
additional fees associated with the Green Building Fee, a voluntary program.
Section 4.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5.
Authority is hereby given to codify this Ordinance.
Section 6.
This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2011.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
491 of 820
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – Marlene Ross
______________________________
Commissioner – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
492 of 820
493 of 820
494 of 820
495 of 820
496 of 820
497 of 820
498 of 820
499 of 820
500 of 820
501 of 820
502 of 820
503 of 820
504 of 820
505 of 820
506 of 820
507 of 820
508 of 820
509 of 820
510 of 820
511 of 820
512 of 820
513 of 820
514 of 820
515 of 820
516 of 820
517 of 820
518 of 820
519 of 820
520 of 820
521 of 820
522 of 820
523 of 820
524 of 820
525 of 820
526 of 820
527 of 820
528 of 820
529 of 820
530 of 820
531 of 820
532 of 820
533 of 820
534 of 820
535 of 820
536 of 820
537 of 820
538 of 820
539 of 820
540 of 820
541 of 820
542 of 820
543 of 820
544 of 820
545 of 820
546 of 820
547 of 820
548 of 820
549 of 820
550 of 820
551 of 820
552 of 820
553 of 820
554 of 820
555 of 820
556 of 820
557 of 820
558 of 820
559 of 820
560 of 820
561 of 820
562 of 820
563 of 820
564 of 820
565 of 820
566 of 820
567 of 820
568 of 820
569 of 820
570 of 820
571 of 820
572 of 820
573 of 820
574 of 820
575 of 820
576 of 820
577 of 820
578 of 820
579 of 820
580 of 820
581 of 820
582 of 820
583 of 820
584 of 820
585 of 820
586 of 820
587 of 820
588 of 820
589 of 820
590 of 820
591 of 820
592 of 820
593 of 820
594 of 820
595 of 820
596 of 820
597 of 820
598 of 820
599 of 820
600 of 820
601 of 820
602 of 820
603 of 820
604 of 820
605 of 820
606 of 820
607 of 820
608 of 820
609 of 820
610 of 820
611 of 820
612 of 820
613 of 820
614 of 820
615 of 820
616 of 820
617 of 820
618 of 820
619 of 820
620 of 820
621 of 820
622 of 820
623 of 820
624 of 820
625 of 820
626 of 820
627 of 820
628 of 820
629 of 820
630 of 820
631 of 820
632 of 820
633 of 820
634 of 820
635 of 820
636 of 820
637 of 820
638 of 820
639 of 820
640 of 820
641 of 820
642 of 820
643 of 820
644 of 820
645 of 820
646 of 820
647 of 820
648 of 820
649 of 820
650 of 820
651 of 820
652 of 820
653 of 820
654 of 820
655 of 820
656 of 820
657 of 820
658 of 820
659 of 820
660 of 820
661 of 820
662 of 820
663 of 820
664 of 820
665 of 820
666 of 820
667 of 820
668 of 820
669 of 820
670 of 820
671 of 820
672 of 820
673 of 820
674 of 820
675 of 820
676 of 820
677 of 820
678 of 820
679 of 820
680 of 820
681 of 820
682 of 820
683 of 820
684 of 820
685 of 820
686 of 820
687 of 820
688 of 820
689 of 820
690 of 820
691 of 820
692 of 820
693 of 820
694 of 820
695 of 820
696 of 820
697 of 820
698 of 820
699 of 820
700 of 820
701 of 820
702 of 820
703 of 820
704 of 820
705 of 820
706 of 820
707 of 820
708 of 820
709 of 820
710 of 820
711 of 820
712 of 820
713 of 820
714 of 820
715 of 820
716 of 820
717 of 820
718 of 820
719 of 820
720 of 820
721 of 820
722 of 820
723 of 820
724 of 820
725 of 820
13. E
LEGAL
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-015 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve the recommended revisions to the City of Boynton Beach Personnel Policy Manual
(PPM). The revisions to the PPM update the manual so that it properly reflects the intent and purposes
of the current City personnel programs, eliminates outdated policies and provides flexibility to
management
ER: The Personnel Policy Manual’s (PPM) purpose is to provide
XPLANATION OF EQUEST
guidance for administration of the City’s personnel program. The PPM applies to all
classifications, unless the classification is covered by a collective bargaining agreement or
appointment letter. In that scenario, if the bargaining agreement or appointment letter does not
address a specific issue, then the PPM shall apply.
Exhibit A includes:
Summary of changes
PPM (Updated)
PPM (legislative style)
H? The amendments to the PPM may affect
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
city programs and/or services. The revisions provide additional flexibility to management to
reorganize the workforce and modify benefits in order to address revenue shortfalls. A
reduction in the workforce subsequently will affect programs and services.
FI: The amendments to the PPM will provide management with the flexibility to
ISCAL MPACT
reduce certain benefits and programs covered by the PPM in times of budget shortfalls. The
revisions also include updates to outdated policies.
726 of 820
A: Do not approve the amendments to the PPM and do not provide the flexibility
LTERNATIVES
to suspend or modify benefits and programs when there are reduced revenues. Additionally
policies will not be current. Another alternative is to modify the proposed revisions.
727 of 820
728 of 820
729 of 820
730 of 820
731 of 820
732 of 820
733 of 820
734 of 820
735 of 820
736 of 820
737 of 820
738 of 820
739 of 820
740 of 820
741 of 820
742 of 820
743 of 820
744 of 820
745 of 820
746 of 820
747 of 820
748 of 820
749 of 820
750 of 820
751 of 820
752 of 820
753 of 820
754 of 820
755 of 820
756 of 820
757 of 820
758 of 820
759 of 820
760 of 820
761 of 820
762 of 820
763 of 820
764 of 820
765 of 820
766 of 820
767 of 820
768 of 820
769 of 820
770 of 820
771 of 820
772 of 820
773 of 820
774 of 820
775 of 820
776 of 820
777 of 820
778 of 820
779 of 820
780 of 820
781 of 820
782 of 820
783 of 820
784 of 820
785 of 820
786 of 820
787 of 820
788 of 820
789 of 820
790 of 820
791 of 820
792 of 820
793 of 820
794 of 820
795 of 820
796 of 820
797 of 820
798 of 820
799 of 820
800 of 820
801 of 820
802 of 820
803 of 820
804 of 820
805 of 820
806 of 820
807 of 820
808 of 820
809 of 820
14. A
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Report and recommendation on Old High School
EQUESTED CTION BY ITY OMMISSION
Feasibility Study by REG Architects and Staff - 5/3/11
ER:
XPLANATION OF EQUEST
Program Update:
Staff to develop project website by 2/25/11:
Website to contain: 1) background/history of project; 2) document archives (reports
relating to project); 3) announcements and events relating to the project; 4) link to the
survey; and 5) post public engagement session information.
Launch project survey by 2/25/11- to be available on line and in paper form – survey will
be available to public for 30 days for completion.
Preliminary Building Assessment Report received by REG – report identifies initial
stabilization costs – report will be posted on new project website by 2/25/11.
Public Engagement Session date set for Saturday, March 26, 2011 – Library Program
Room, 10am-3pm; event will be posted on website in addition to press release.
March, 2011 – analyze survey results; conduct public engagement session, identify
prospective uses, evaluate funding mechanisms; develop business plan and present to City
Commission in May, 2011.
810 of 820
REG Anticipates presenting final report and business plan to City Commission in May, 2011.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
811 of 820
14. B
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Bids for replacement of Intracoastal Sanitary Sewer Force
EQUESTED CTION BY ITY OMMISSION
Main - 5/03/11
ER: The utility has a force main running from the St Andrews site under
XPLANATION OF EQUEST
the Intracoastal to Jaycee Park. The main was originally installed in 1983 but in January 2009
we had a break in the line near the surface on the east side by St Andrews. There have been
two subsequent smaller breaks with the last being in January of this year. The City has
engaged an engineering firm, Brown & Caldwell, to design and permit a replacement line.
Design and bid documents have been completed. Staff expects to put the project out to bid
around March 1, 2011 with a possible request for Commission approval on April 15, 2011.
Staff is still waiting for St Andrews to grant us a construction easement as they wish to avoid
disruption on the golf course during their peak season. Florida Department of Environmental
Protection (FDEP) is requesting detailed information on the progress of this project as they
would like it to be completed as soon as possible.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
812 of 820
14. C
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Follow-up on salaries and expense accounts for City
EQUESTED CTION BY ITY OMMISSION
Commissioners - 5/3/11.
ER: Per the request of a member of the City Commission, a report is
XPLANATION OF EQUEST
being prepared to discuss possible reduction of City Commission salary and/or expenses for
FY 2011-12.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
813 of 820
14. D
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Naming opportunities for the Congress Avenue Barrier
EQUESTED CTION BY ITY OMMISSION
Free Park - 5/3/11
ER: The Greater Boynton Beach Foundation is undertaking their capital
XPLANATION OF EQUEST
campaign to raise $500,000 for the Congress Avenue Barrier Free Park Project. As part of the
Foundation’s campaign literature, a Donor/Naming Opportunity List has been developed for
various aspects of the project, i.e. Name the park for $2M, specific naming of pieces of
playground equipment, pavilion, etc.
Staff will request the City Commission’s review of the list and approval of the Park Naming
element of the list.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
814 of 820
14. E
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Discussion regarding Economic Development, incentives
EQUESTED CTION BY ITY OMMISSION
and allocation of funding for the City of Boynton Beach - 5/17/11
ER: Per the request of a member of the City Commission at the April 5,
XPLANATION OF EQUEST
2011 City Commission meeting, staff will provide a report regarding the current code and
proposed incentives and allocation of funding for the City’s Economic Development program.
The report will also include options related to reuse or redevelopment of the Boynton Beach
Mall area. Portions of this property are currently for sale by the owner.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
815 of 820
14. F
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Staff report in response to Code of Ordinance restrictions
EQUESTED CTION BY ITY OMMISSION
for vehicle size in residential districts - 5/17/11
ER: Development staff will provide a follow-up report to the matter
XPLANATION OF EQUEST
raised by Mr. Michael Wood at the April 5, 2011 City Commission meeting regarding the size
of his truck exceeding code restrictions in residential districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
816 of 820
14. G
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Follow-up on Downtown Redevelopment Workshop -
EQUESTED CTION BY ITY OMMISSION
5/17/11.
th
ER: As a follow-up to the CRA meeting of April 12, City and CRA staff
XPLANATION OF EQUEST
will refine the staff report for follow-up discussion. Included in the final report will be a review
of refurbishing the current City Hall/PD building for continued use. This was an additional
option discussed at the meeting. This matter was also discussed in detail in 2003 and data
from that report will be used/updated.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
817 of 820
14. H
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Discussion of a proposed committee to be assigned to
EQUESTED CTION BY ITY OMMISSION
explore a Green Market for the City of Boynton Beach in 2011 - TBD
ER: The City Commission originally discussed this matter at the
XPLANATION OF EQUEST
November 16, 2010 meeting. Subsequently, the CRA Board discussed a Green Market
th
Program outlined at their meeting of December 14. The CRA Board authorized the use of a
consultant for a limited feasibility study with active participation of City and CRA staff in data
gathering and discussion.
H? Unknown at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: Comparative costs and funding sources of the West Palm Beach, Lake Worth
ISCAL MPACT
and Port St. Lucie Green Markets should be obtained.
A: Information
LTERNATIVES
818 of 820
14. I
FUTURE AGENDA ITEMS
April 27, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: April 27, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC: Continued discussion on development of Dog Park -
EQUESTED CTION BY ITY OMMISSION
7/19/11
ER:
At the Recreation & Parks Advisory Board meeting last March (the board
XPLANATION OF EQUEST
meets again in May), there was discussion about the feasibility of developing the Winchester Park site
(located on the NE corner of Old Boynton Beach Blvd. and Congress Ave. behind Best Buy). One of
our new board members felt there would me be several potential public/private partnerships available
with many of the businesses along the Congress Avenue corridor and was asking the board to
contemplate supporting this initiative.
However, board consensus was that any discussion about park (including “dog” park) development
should be within a context that considers the City’s entire parks system. Specifically, the board provides
valuable feedback regarding the prioritization of undeveloped park sites that are included as part of the
City’s Capital Improvement Projects. To enable this feedback, the board on annual basis, visits each of
our park sites so they can gather as much information as possible regarding not only about what these
sites look like, but also how they are serving the community. In regards to the undeveloped sites, they
get a chance to see where they are located in relation to other public and/or private recreational
amenities, but it also give a better opportunity to visualize potential development ideas (i.e. should the
park be passive or active, etc…). So, to the degree that our schedule allows, we strive to get our board
members to visit each of our 28 existing developed parks, 8 undeveloped sites, and our 10 recreation
facilities. They can then use this information to develop CIP priorities.
At the meeting in May, the Advisory Board will start developing the schedule for our annual “parks
tour”.
819 of 820
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
820 of 820