Agenda 07-05-11 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JULY 5, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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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).
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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
A. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim July as Parks & Recreation Month.
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. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
B. Accept the resignation of Lorrie Scott, a regular member of the Code Compliance
Board
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. Approve the recommendations of the Community Development Block Grant review
committee for funding activities in preparation of the City of Boynton Beach’s One
Year Action Plan for FY 2011/2012. The anticipated 2011/2012 Community
Development Block Grant allocation is $479,344.
B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund
Revenues & Expenditures for the eight (8) month period ended May 31, 2011.
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PROPOSED RESOLUTION NO. R11-069
C. - Approve renewal of the City's Vision Plan
with Humana CompBenefits for the renewal period October 1, 2011 to September 30,
2013
PROPOSED RESOLUTION NO. R11-070
D. - Approve a Five-Year Agreement with The
Family Vending Co. Inc. of Coral Springs, FL for providing vending machines at
various City locations, RFP #053-1410-11/CJD. The Agreement calls for the awarded
vendor to pay the City a commission based on sales.
E. Approve the minutes from the City Commission meeting held on June 21, 2011
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R11-071
A. - Approve renewal of the City's Life and
Disability Insurance Plans with Hartford Life for the Fiscal Year 2011/2012
PROPOSED RESOLUTION NO. R11-072
B. - Approve a one-year extension to the
Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION
(TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for the
plan year October 1, 2011 through September 30, 2012 as provided under the Terms
of the contract with CIGNA and the City of Boynton Beach
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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 Loc
al Planning Agency and City Commission.
None
10. CITY MANAGER’S REPORT
A. Provide direction to staff regarding the Old High School RFP elements including
proposed use, land disposition and preliminary engineering / architectural work.
B. Update on staff research regarding potential city ownership of the Women's Club.
C. Discuss the format for the FY2011/2012 Budget Workshops being held July 11, 12 &
13, 2011.
11. UNFINISHED BUSINESS
A. Request to consider amendment to City Code on temporary banners.
B. Follow-up to the Ad Hoc Special Events Committee Staff Liaison and Appointment
Process
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12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 11-018 - SECOND READING
A. - Approve amendments
to the land development regulations to allow bars and nightclubs as conditional uses
on properties located within Mixed Use Pods of Planned Industrial Development
Districts (PID). Applicant: City-initiated.
B. Lobbyist Registration Ordinance - David Katz
14. FUTURE AGENDA ITEMS
A. Discuss the request by Ms. Lonergan of the Meadows HOA to allow the HOA to
assume maintenance of the City vacant park land located at the Southwest Corner of
Meadows Boulevard and Springfield Boulevard (extended) - 7/19/11
B. Economic Development Plan - 7/19/11
C. Modification to City's lobbying registration ordinance - 7/19/11
D. Contractual Agreement between the City of Boynton Beach and Sharyn Goebelt -
7/19/11
E. Update by Utilities on the Seacrest Corridor Project - 7/19/11
F. Follow-up to City/CRA workshop - 8/02/11
G. Veteran's Park on Ocean Ave - 08/16/11
H. City Manager Search - 8/16/11
I. Recommendation from the “review committee” to rename the Boynton Beach Child
Care Center building in honor of Lena Rahming - TBD
J. Discussion of a proposed committee to be assigned to explore a Green Market for the
City of Boynton Beach in 2011 - TBD
15. ADJOURNMENT
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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.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
July 5, 2011
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RACC:
Proclaim July as Parks & Recreation Month.
EQUESTED CTION BY ITY OMMISSION
ER:
National Parks & Recreation Month is scheduled for July. It is
XPLANATION OF EQUEST
always a great time to enjoy many of the great activities being organized by the Recreation &
Parks Department. The U.S. House of Representatives has designated July as Parks and
Recreation Month. By making this proclamation in Boynton Beach, all citizens will be
encouraged to celebrate by participating in their choice of fun activities and enjoy the benefits
derived from quality public recreation.
H?
The proclamation will help promote Parks
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and Recreation in our community.
FI:
N/A
ISCAL MPACT
A:
Do not proclaim July as Parks & Recreation Month.
LTERNATIVES
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P R O C L A M A T I O N
WHEREAS
public parks and lands provide for the critical “green” infrastructure that collectively enhance both
community spaces and wild places making the great State of Florida, the best place to live in the country;
WHEREAS
local parks and recreation experiences enhance the citizens of Boynton Beach’s quality of life by
contributing to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills, and
providing places for enjoyment; and
WHEREAS
, parks and recreation programs, tournaments and events boost the economy, enhance property
values, attract new business, increase tourism, and reduce crime; and
WHEREAS,
opportunity for recreation builds family unity, strengthens neighborhood involvement, provides for
social interaction, enhances education, develops creativity, and promotes cultural diversity; and,
WHEREAS,
Boynton Beachparks and trails ensure ecological beauty, provide space to enjoy nature, help
maintain clean air and water, preserve plant and animal wildlife, and
WHEREAS
participation in recreation and outdoor activities provides education and therapy for stress relief,
improved health and are essential to the rehabilitation of individuals who have been ill or disabled; and
WHERAS
, Boynton Beach recognizes the benefits derived from quality public and private park and natural land
resources at the local and regional level; and
WHEREAS,
the National Recreation and Park Association and the Florida Recreation and Park Association
designated July as Park and Recreation Month;
NOW THEREFORE
, I, Jose Rodriguez, Mayor of the City of Boynton Beach, proclaim July 2011, as
Park and Recreation Month
and encourages residents and visitors to enjoy using the parks, trails, programs and special places that enhance the
quality of life of our community.
In witness thereof
, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be
.
affixed at Boynton Beach Florida, this 5th day of July in the year 2011
Attest: ____________________________________
Jose Rodriguez, Mayor
____________________________
Janet M. Prainito, MMC
(Corporate Seal)
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5. A
ADMINISTRATIVE
July 5, 2011
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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
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5. B
ADMINISTRATIVE
July 5, 2011
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ETTLEMENTS
RACC:
Accept the resignation of Lorrie Scott, a regular member of
EQUESTED CTION BY ITY OMMISSION
the Code Compliance Board
ER:
Lorri Scott has submitted an email resigning as a regular member
XPLANATION OF EQUEST
of the Code Compliance Board due to a conflict of interest.
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
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6. A
CONSENT AGENDA
July 5, 2011
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RACC:
Approve the recommendations of the Community
EQUESTED CTION BY ITY OMMISSION
Development Block Grant review committee for funding activities in preparation of the City of Boynton
Beach’s One Year Action Plan for FY 2011/2012. The anticipated 2011/2012 Community Development
Block Grant allocation is $479,344.
EXPLANATION:
The City Of Boynton Beach is in its fifteenth year as an entitlement community
for receiving Federal Grant Funds. The Acton Plan is being developed with activities listed that
show how the use of these funds will address the needs of the Community.
Entitlement community status, as determined by the Secretary of the Department of Housing and
Urban Development, is one “whereby a Metropolitan City is guaranteed, as determined by formula
set forth by the Housing and Community Development Act of 1974, certain sums of money to assist
states, counties, cities, and towns in devising innovative approaches to improve the physical,
economic, and social conditions in low-income areas”.
City activities that are taken on by a municipality must meet three (3) national objectives:
Benefit low and moderate-income persons
Address slum and blight
Meet a particular urgent community development need
The following is a list of types of eligible activities:
Property acquisition and disposition
Clearance and demolition
Interim assistance to arrest severe deterioration or alleviate emergency conditions – e.g.,
hurricane, earthquakes, flooding
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Completion of urban renewal projects
Relocation assistance
Loss of rental income (related to relocation)
Code Enforcement
Construction of New Housing
Housing Rehabilitation
Public Facilities and Improvements
Public Services
Relocation
Removal of Architectural Barriers
Homeownership assistance (e.g., down payment assistance, interest subsidies)
Technical assistance to public or nonprofit entities to increase the capacity of such entities to
carry out eligible neighborhood revitalization or economic development activities
Lead-based paint testing and abatement
Public Facilities and Improvements
Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer lines,
streets and sidewalks
Acquisition, construction or rehab of neighborhood facilities and facilities for persons with
special needs (e.g., homeless shelters, group homes and halfway houses)
Public Services
Job training and employment services
Health care and substance abuse services
Child care
Crime Prevention
Fair housing counseling
Proposals were received as a result of public advertisement, with a workshop held for the purpose
of explaining the program, eligibility requirements, and public input. The following represents the
committee members that reviewed the applications:
Beverly Agee - Attorney, Member of the City’s Building Board of
Adjustment and Appeals
Brian Edwards - Planner – Palm Beach County EMC
Angela Girtman - Teacher
PROGRAM IMPACT:
As described above, the Community Development Block Grant (CDBG)
Program’s purpose is to help the City of Boynton Beach meet the needs of its lower income
residents by offering a wide range of Community Development Activities. To this end, six (6)
proposals were received and evaluated by the committee and the results are as follows:
Aid to Victims of Domestic Abuse, Inc
. –To provide funding for one-half of the salary and
benefits of an intervention Specialist to work with children affected by domestic abuse to help them
overcome their fears and learn how to live in safety. The Intervention Specialist will conduct
presentations in schools designed to prevent domestic violence with a program that produces
positive, measurable results, and will provide individual and group counseling to children as
needed.
*Funding Request $23,000 Committee Recommendation $17,500
(*Public Service)
Boynton Beach Faith-Based Community Development Corporation
– The Boynton Beach
Faith-Based CDC is a state recognized Community Housing Development Organization (CHODO).
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The agency proposes to continue to provide ongoing support to the community and the City of
Boynton Beach by facilitating the intake process for the affordable housing programs, as well as
other ongoing community development initiatives. They are also a Community Based Development
Organization (CBDO) which offers the city more flexibility in achieving its Community Development
Objectives.
Funding Request $186,210 Committee Recommendation $100,000**
**This amount is based on the belief that the Faith-Based CDC will partner with Habitat for
Humanity in assisting in the development of the Ocean Breeze West Project. Should they choose
not to partner with Habitat, the recommendation for funding is $65,000.
Community Caring Center dba “Ocean Avenue Green Market”
– The Community Caring Center
is facilitating a not-for-profit cooperative/incubator/grocery store. The program includes creating
awareness & educating the public by involving the faith community and creating a business
incubator focusing on entrepreneurs whose businesses are related to the food industry.
Funding Request $25,000 Committee Recommendation $25,000
(Economic Development)
Community Caring Center
– Agency requests funding to provide for staffing costs and other
administrative costs related to the program, i.e. utilities, mortgage assistance, insurance and
accounting services. Agency provides mortgage and rent payments, medication assistance, food
and food vouchers, and direct emergency social services to seniors, to name just a few.
*Funding Request $55,000 Committee Recommendation $45,400
(*Public Service)
Girl Scouts of Southeast Florida
–To provide funding in the form of scholarships for program
supplies for up to 250 girls to attend one of three - six (6) week courses with lessons in personal
safety, life skill development, health & wellness, leadership skills and over all esteem building.
Recruitment of the participants and the location[s] of the activity are pending funding approval.
*Funding Request $10,000 Committee Recommendation $-0-
(*Public Service)
Unlimited Dance & Art Enrichment, Inc
. – To provide funding for participants in the program for
event tickets, trips, incentives, and equipment, as well as for upkeep of their website, application fee
for non-profit status, and various fees for guest facilitators. The City of Boynton Beach provides
meeting space at the Carolyn Sims Recreation Center, and additional funding through its Youth
Violence Prevention Project (YVPP). The program provides educational opportunities and
enrichment through the Arts for participants to experience cultural and social events.
*Funding Request $10,000 Committee Recommendation $-0-
(*Public Service)
City of Boynton Beach Recreation Department
– Provide summer camp scholarships for low income
students eligible for free and reduced lunches.
Staff Recommendation $9,000 (*Public Service)
Summary:
Sub-grantee funding...........................................................................................$187,900
[Public Service funding of sub-grantees = 62,900]
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City of Boynton Beach Recreation Department [*Public Service].............................9,000
Planning & Grant Administration.............................................................................95,868
Housing Rehabilitation & Delivery........................................................................186,576
TOTAL................................................................................................................$479,344
FISCAL IMPACT:
The City Of Boynton Beach’s CDBG allocation for FY 2011/2012 is $479,344, which
is a 16.3% decrease from FY 2010/2011. Twenty percent or $95,868 will be used for the administration of
the CDBG program. Fifteen percent or $71,901 of the funds will be used to provide public services to the
residents of the City of Boynton Beach.
ALTERNATIVES:
The City Of Boynton Beach would have to use General Fund dollars, or
discontinue its revitalization efforts.
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6. B
CONSENT AGENDA
July 5, 2011
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RACC:
Accept the FY 2010 -11 Budget Status Report of the
EQUESTED CTION BY ITY OMMISSION
General Fund & Utility Fund Revenues & Expenditures for the eight (8) month period ended May 31,
2011.
ER:
This report analyzes actual revenues and expenditures of the City’s
XPLANATION OF EQUEST
General Fund and Utility Fund for the eight (8) month period ended May 31, 2011 (67% of the
fiscal year). The analysis compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The report is one of the financial reporting
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services of the Finance Department for the purpose of providing interim financial information to
the City Commission and to City Management,
FI:
The actual budgetary results to date for the General Fund and the Utility Fund
ISCAL MPACT
follow.
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GENERAL FUND
The FY 2011 annual budget of $68.5 million represents a 3% decrease from the FY 2010
budget of $70.5 million. However, in order to balance the budget in FY 2011, it required the
following two non-revenue funding sources.
A fund balance appropriation of $59 thousand and
Transfers from other funds of $27.0 million representing 40% of all fund sources.
For the eight months in FY 2011,
Revenues and transfers realized are $ 52.8 million (77%) of the budget estimate, but
slightly behind the dollar amount and percent of revenue realized to date compared to
FY 2010.
Expenditures incurred are $ 46.3 million (68%) of the annual appropriated budget, but
ahead of FY 2010 with $41.8 million (59%).
FY 2011FY 2010FY 2011 vs. 2010
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 68,551$ 52,83677%$ 70,517$ 54,655 78%-3%-3%
Expenditures$ (68,551)$ (46,306)68%$ (70,517)$ (41,787)59%-3%11%
Excess (Deficit)$ -$ 6,530$ -$ 12,868
The following summarizes the major revenues and expenditures to date.
Revenues & Transfers (Exhibit A) -
Overall, with $52.8 million received to date, the funding
sources are behind by $1.8 million; both at this point in time during the fiscal year and in
comparison to last year for individual sources.
In the current year, these funding sources can be summarized into three major groups making
up the total percentage of the budget:
1. 32% - $ 22.1 M – Property taxes less Tax Increment Financing to the CRA
The majority of property taxes are received in December (versus
proportionally over the year) and the CRA is sent 100% of their
taxes in December. To date net property taxes actually received is
$20.7 million for FY 2011, the City actually levied a $4.5 million tax
reduction in FY 2011 reducing property taxes from $30.0 million in
FY 2010 to $25.5 million in FY 2011.
2. 40% - $ 27.0 M – Transfers from other funds and Fund balance appropriated
Current practice is to make 1/12 of these funding sources available
to the General Fund monthly.
3. 28% - $ 19.4 M – We monitor all other revenues closely comparing to last year.
Franchise fees are down from 62% collected at this point last year
to 58% in FY 2011
100% - $ 68.5 M – Total funding sources
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Expenditures (Exhibit B) –
General Fund expenditures for the eight month period ended May
31 (67% of the fiscal year) are $ 46.3 million (68%) of the $68.5 million expenditure
appropriation for FY 2011. The current appropriation represents a 3% decrease of $2 million
compared to FY 2010.
The table at the top of Exhibit B displays actual expenditures of $ 46.3 million. We are ahead
in spending compared to the $ 41.7 million actual spending levels in FY 2010 for this same
period. Police and Fire spending levels impact the overall total of FY 2011 higher spending
levels. At the 67% part of the fiscal year behind us, their spending levels in FY 2011 compared
to FY 2010 are:
Police FY 2011 = 70% expended compared to 59% at this same point in FY 2010
Fire FY 2011 = 69% expended compared to 58% at this same point in FY 2010
.
The major reason results from the fact that the City’s Annual Required Contribution (ARC) to
the pension plans that are a major expenditure of these two departments are made monthly
this year in order to save interest. Last year the ARC was paid at the end of FY 2010.
UTILITY FUND
The FY 2011 annual expenditure budget of $31.9 million represents a 2% decrease from the
FY 2010 budget of $32.4 million. The operational forecast may yield an estimated $4.3 million
fund balance increase for the year based on the budget.
For the eight months in FY 2011,
Revenues realized are $ 22.8 million (72%) of the annual budget estimate.
Expenditures incurred are $21.1 million (66%) of the annual appropriated budget.
This results in an excess of revenues over expenditures of $ 1.7 million.
FY 2011FY 2010FY 2011 vs. 2010
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues$ 31,967 $ 22,875 72%$ 32,465 $ 22,370 69%-2%2%
Expenditures$ (31,967)$ (21,154)66%$ (32,465)$ (19,898)61%-2%6%
Excess (Deficit)$ -$ 1,721 $ -$ 2,472
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) -
The $ 22.8 million in FY 2011 revenues and fund balance increase
are slightly ahead of the $ 22.3 million to date in FY 2010, because of two factors:
Water Sales - $ 12.0 million equivalent to 71% of the annual estimate, compared to $
11.1 million (72%) at this point in FY2010.
In FY 2011, $ 4.3 million is being recognized as an added increase to fund balance,
compared to an added increase of $ 2.4 million in FY2010.
These factors should provide for adequate bond debt service coverage.
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Expenditures (Exhibit D)
– Utility Fund FY2011 expenditures to date are $ 21.1 million or
66% of the annual appropriation compared to expenditures of $ 19.9 million or 61% for the
prior fiscal year.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. C
CONSENT AGENDA
July 5, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R11-069 - Approve
EQUESTED CTION BY ITY OMMISSION
renewal of the City's Vision Plan with Humana CompBenefits for the renewal period October 1, 2011 to
September 30, 2013
PARP:
October 1, 2011 thru September 30, 2013
ROVIDER GREEMENT ENEWAL ERIOD
ER:
On August 4, 2009 the Commission awarded a Provider
XPLANATION OF EQUEST
Agreement for RFP #056-1610-09/CJD. Per Resolution R09-109, dated August 4, 2009 the
City entered into a Provider Agreement with Humana CompBenefits for a Vision Plan for a one
year term 10/01/09 – 09/30/10, with three additional one (1) year renewal options for all City
employees.
On July 20, 2010 the City passed Resolution R10-096 approving renewal of the Vision Plan
with Humana CompBenefits for a period of one year, 10/01/10 – 09/30/11, at the same terms,
conditions and rates as allowed by the Provider Agreement.
After discussions between Willis of Florida (the City’s Benefits Consultants) and Humana
CompBenefits, Humana CompBenefits has extended the renewal offer for the remaining two
(2) renewal periods with a reduction in rates of 2% for the period 10/01/11 – 09/30/13.
The City’s Insurance committee met on Wednesday, May 18, 2011 at a publically noticed
meeting and was updated by Willis as to the renewal offer from Humana CompBenefits, the
Insurance committee agreed to recommend the renewal of this plan to take advantage of the
2% rate reduction.
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This two year provider agreement will be the remaining renewal periods under this RFP and
staff intends to issue another RFP for this coverage at the end of this agreement period.
The current and renewal monthly rates are as follows:
Current Rates Renewal Rates
Employee $ 3.92 $ 3.84
Family $16.94 $16.60
The annual expenses for the Vision Plan for the current and previous fiscal years are as
follows:
FY 2008/2009 $ 42,726.42
FY 2009/2010 $ 35,243.78
FY 2010/2011(to date) $ 27,408.64
H?
Providing the vision plan as part of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City’s overall benefit package to employees assists in recruiting and maintaining employees.
FI:
The fiscal impact would be a 2% reduction in the City’s monthly premiums for
ISCAL MPACT
the next two fiscal years. The anticipated 2% reduction in monthly premium has been taken
into account during the FY 2011/2012 budget preparation.
A:
Do not renew Provider Agreement for the City’s Vision Plan with Humana
LTERNATIVES
CompBenefits and issue a bid for the City’s Vision Plan. The City’s Benefits Consultant (Willis
of Florida) and staff recommend renewing the City’s current Vision Plan.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING RENEWAL OF THE VISION
PLAN WITH HUMANA COMP BENEFITS FOR A PERIOD OF
TWO YEARS FROM OCTOBER 1, 2011 TO SEPTEMBER 30,
2013; AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, on August 4, 2009, the City Commission of the City of Boynton Beach awarded a
Provider Agreement via Resolution 09-109 to Humana “CompBenefits” for a vision plan; and
WHEREAS
, the Provider Agreement approved by the City Commission provided for three (3)
additional one (1) year extensions; and
WHEREAS
, on July 20, 2010, the City Commission approved renewal of the Vision Plan with
Humana ComBenefits for a period of one year at the same terms, conditions and rates as allowed by the
Provider Agreement; and
WHEREAS,
Humana CompBenefits has extended the renewal offer for the remaining two (2)
additional renewal periods with a reduction in rates of 2% for the period October 1, 2011 to September
30, 2013; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation of staff,
deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve
the two year renewal of the Provider Agreement with Humana CompBenefits vision plan commencing
October 1, 2011 to September 30, 2013 for all city employees.
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
the two year renewal of a Provider Agreement with Humana CompBenefits vision plan commencing
October 1, 2011 through September 30, 2013, for all city employees, a copy of the Provider Agreement
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is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of July 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
July 5, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 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. R11-070 - Approve a
EQUESTED CTION BY ITY OMMISSION
Five-Year Agreement with The Family Vending Co. Inc. of Coral Springs, FL for providing vending
machines at various City locations, RFP #053-1410-11/CJD. The Agreement calls for the awarded
vendor to pay the City a commission based on sales.
AP:A1,201131,2016
GREEMENT ERIOD UGUST THROUGH JULY
ER:
The existing Agreement for beverage and snack machines for
XPLANATION OF EQUEST
various City locations with Coca-Cola Beverage and Steve’s Vending expired on June 30,
2011.
Procurement issued Requests for Proposals and advertised for vendors to provide vending
machines and services at various City locations. Three (3) proposals were received and
opened on June 7, 2011. It is the intent of the RFP to award both the cold drinks and snack
vending services to a single vendor in order to have a single point of contact for services
needed throughout the agreement period.
The current snack vendor did not submit a proposal and the current cold drink vendor
submitted a proposal only to continue providing cold drinks.
An evaluation team consisting of Wally Majors, Recreation & Parks Director, Julie Alibrandi,
Buyer, and Tim Howard, Deputy Director of Finance evaluated the proposals. As explained in
the RFP, the evaluation categories consisted of experience of contact person, technical
approach, experience and qualifications of company and price proposal. After each member
evaluated the proposals and assigned numerical scores to the individual areas an overall
ranking was generated based on the highest numerical score being number one and the
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lowest being number three. The results of the evaluation team’s individual rankings were then
combined to determine the number one ranked firm. The result was that The Family Vending
Co. Inc. of Coral Springs was ranked number one.
The provisions of the RFP and the Agreement provide for a five (5) year term with the
provision that the Agreement can be renewed for three (3) additional one (1) year terms at the
sole discretion of the City.
The Agreement provides a commission of 25% of the selling price to the City on a monthly
basis. The vendor is required to submit the payment monthly along with reports showing the
volume and calculation of the commission per machine.
The Agreement allows the Finance Department to review with the vendor the performance of
the machines and determine if any price adjustments are warranted to the selling price or if
any additional machines are desired by the City at other locations.
The City will need to notify the current vendors of the change in vendors and allow them time
to remove their machines and also coordinate with the new vendor for placement of new
machines. Staff is requesting that the new Agreement become effective on or about August 1,
2011.
H?
The purpose of this RFP was to seek a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
sole vendor to provide drink and snack machines at various locations throughout the City and
for the City to receive commissions based on sales. The machines are utilized by employees
and the public.
FI:
There is no expense to the City as a result of this Agreement. The Agreement
ISCAL MPACT
provides for the vendor to pay the City a commission monthly based on gross sales. The
estimated annual commission the City receives is $5,000. Historically, these funds have been
used to partially subsidize an annual employee party. For this contract period staff
recommends these funds be deposited in miscellaneous revenues in the General Fund.
A:
Do not award the Agreement and remove existing machines from all locations
LTERNATIVES
or re-issue RFP.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE
BOYNTON BEACH, FLORIDA, APPROVING THE AWARD
OF RFP #053-1410-11/CJD TO THE FAMILY VENDING CO.,
INC., PROVIDING FOR A FIVE YEAR AGREEMENT FOR
SNACK AND COLD DRINK VENDING MACHINES;
AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE PARTIES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the existing agreement for beverage and snack machines at various City
locations with Coca-Cola Beverage and Steve’s Vending expired on June 30, 2011; and
WHEREAS
, on June 7, 2011, Procurement received and opened three (3) proposals in
response to the RFP #053-1410-11/CJD
WHEREAS,
after review and evaluation it has been determined appropriate by staff to
recommend award of this agreement to The Family Vending Co., Inc., of Coral Springs, Florida
whose proposal was overall responsive and responsible proposer; and
WHEREAS
, upon recommendation of staff, the City Commission of the City of Boynton
Beach does hereby approve the award of RFP #053-1410-11/CJD to The Family Vending Co., Inc.,
of Coral Springs, Florida.
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, hereby approves
the award of RFP #053-1410-11/CJD to The Family Vending Co., Inc., of Coral; Springs, for a Five
Year Agreement for Snack and Cold Drink Vending Machine Services.
Section 3. That the Interim City Manager is hereby directed to execute an Agreement
between the City of Boynton Beach and The Family Vending Co., Inc., of Coral Springs, Florida, a
copy of which is attached hereto.
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Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of July 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT BETWEEN THE FAMILY VENDING CO., INC.
AND THE CITY OF BOYNTON BEACH, FLORIDA
REQUEST FOR PROPSOSAL #053-1410-11/CJD
THIS AGREEMENTThe Family Vending Co., Inc., VendorCITY OF
between () and the
BOYNTON BEACH, FLORIDACity
() is made this _____ day of ___________, 2011.
W I T N E S S E T H
:
WHEREASVendorCity
, and the wish to enter into an agreement to incorporate the terms and
conditions of RFP #053-1410-11/CJD regarding the provision of Vending Machine Service specified in
such RFP, including but not limited to cold food, snacks, and beverages.
NOW, THEREFORE
, for the mutual promises, covenants, and agreements contained herein,
the parties covenant and agree as follows:
1. That the recitations set forth above are incorporated as if fully set forth herein.
2. The term of this Agreement shall commence on or about _______ , 2011 and extend until
___________________________, 2016. This Agreement may be renewed for three (3)
additional terms at (1) year intervals (not to exceed (3) years) by the City, in its sole discretion.
3Vendor
. shall provide the full service Cold Food/Snacks/Beverages vending placements
Vendor
as specified by RFP #053-1410-11/CJD, attached hereto and incorporated herein. shall
provide 24 hour, 7 days a week priority service for all mechanical problems with its equipment.
Response time shall be within 24 hours of the service call.
Vendor
4. shall provide the brand names of the Product as set forth in RFP #053-1410-
11/CJD. The Cold Food/Snacks/Beverages vending machines shall be filled by a full service
Vendor.
driver employed by
Vendor City
5. shall reimburse the the amounts, as provided in RFP #053-1410-11/CJD
from the sales it incurs from the Cold Food/Snacks/Beverages vending machines.
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Vendor
6. shall provide on an annual basis throughout the 5 year term, and any renewal
periods, of this Agreement all of the items that were set forth in RFP #053-1410-11/CJD.
7. This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
8. All notices, requests, demands, and other given if personally delivered or mailed,
certified mail, return receipt requested, to the following addresses to:
As to City: City of Boynton Beach
Finance Department
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
As to Vendor: The Family Vending Co., Inc.
th
3651 NW 120 Avenue
Coral Springs, FL 33065
ATTN: John F. Brewster
VendorCity
9. shall not, without prior written consent of the , assign any portion of its
Vendor
interest under this contract and, specifically, shall not assign any moneys due or to
City
become due without the prior written consent of the .
CityVendor
10. The and each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto in respect to all covenants, agreements and obligations
contained in the contract documents.
Vendor
11. , for good and valuable consideration shall indemnify, defend and save harmless
City
the , its officer’s agents, and employees, from or on account of any claims, damages,
received or sustained by any person or persons resulting from the work provided pursuant to this
Agreement; or by or in consequence of any negligence in connection with the same; or by use of
any improper materials or by or on account of any use of any improper materials or by or on
Vendor
account of any act or omission of or its subcontractors, agents, servants or employees.
VendorCity
agrees to defend, indemnify and save harmless the itsofficers, agents and
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employees, against any liability arising from or based upon the violation of any federal, state,
Vendor
county or city laws, by-laws, ordinances or regulations by , its subcontractors, agents,
servants or employees.
VendorCity
further agrees to defend, indemnify and save harmless the , its officers,
agents, or employees from all such claims, fees, and from any and all suits and actions of every
City
name and description that may be brought against the or its officers, agents or employees on
account of any claims, fees, royalties, or costs for any invention or patent, and from any and all
City
suits and actions that may be brought against the , its officers, agents, or employees for the
infringement of any and all patents or patent rights claimed by any person, firm or corporation.
Vendor
The indemnification provided above shall obligate to defend at its own expense
City's
or to provide for such defense, at the option, any and all claims or liability and all suits
City
and actions of every name and description that may be brought against the , its officers,
agents, or employees which may result from the operations and activities under this agreement
Vendor
whether the work be performed by , its subcontractor or by anyone directly or indirectly
employed by either. This indemnification includes all costs and fees including attorney’s fees
and costs at trial and appellate levels.
Vendor
12. This Agreement shall be considered null and void unless signed by both and the
City
. This Agreement may be executed in counterparts.
13. The contract documents, including RFP #053-1410-11/CJD, constitute the entire
CityVendor
agreement between the and and may only be altered, amended or repealed by a
duly executed written instrument.
IN WITNESS WHEREOF,
the parties hereto have executed this Agreement, on the day and
year first above written.
ATTEST:
CITY OF BOYNTON BEACH
By: ___________________________ By: _______________________________
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City Clerk Lori LaVerriere, Interim City Manager
Approved as to legal sufficiency
and form:
By: __________________________
City Attorney
VENDOR
WITNESSES: : THE FAMILY VENDING CO., INC.
___________________________ By: _______________________________
___________________________ ___________________________________
(Print or Type Name) (Print or Type Name)
WITNESSES: (SEAL)
___________________________
___________________________
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of ___________,
BARRY FRANKEL, President
2011, byasof The Family Vending Co., Inc., a Florida corporation, on
behalf of the corporation. He/She is personally known to me or has produced
_______________________ (type of identification) as identification.
___________________________________
Notary Public – State of Florida
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PRESENT CITY OF BOYNTON BEACH VENDING MACHINES/LOCATIONS
LOCATION ADDRESSMACHINE INFORMATION
Utilities Admin. Building 124 E. Woolbright Rd. Coke/Snack machines
East Water Treatment Plant 124 E. Woolbright Rd. Coke machine
West Water Treatment Plant 5469W. Boynton Beach Blvd. None/to be considered
Art Center 125 E. Ocean Ave. Coke machine
Tennis Center 3111 S. Congress Ave. Coke machine
Civic Center 128 E. Ocean Ave. Coke/Snack machines
Hester Center 1901 N. Seacrest Blvd. Coke/Snack Machines
West Wing City Hall 100 E. Boynton Beach Blvd. Coke Machine
th
Public Works/Prks Forestry 222 N.E. 9 Avenue Coke/Snack
th
Sims Center 225 NW 12 Ave. Coke/Snack
City Hall Employees Lounge 100 E. Boynton Beach Blvd. Coke/Snack/Cold Food
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NATURE OF SERVICES REQUIRED
PART II
2-1WORK OBJECTIVE
The City of Boynton Beach desires to have a single Vendor provide Product through machines provided
at the Vendor’s sole expense at designated locations on City property. A current list of the location of
the vending machines is attached in Appendix A. These locations may be deleted or added to by the
Vendor upon approval of the City.
The City of Boynton Beach has four (4) specific goals for this proposal:
1.Assurance that the public health and safety are well guarded.
2.Assurance of full compliance with all Federal, State, and Local laws that regulate food and
beverage vending services.
3.Provide the best quality Cold Food/Snacks/Beverages Vending Machine service at the lowest
cost to the taxpayers and employees of the City.
4.Pay a commission to the City.
2-2 SCOPE OF WORK TO BE PROVIDED
A. Provision of Machines, Maintenance, and Stocking
The successful Vendor shall be solely responsible for the placement of machines at locations designated
by the City on City owned or leased property. The Vendor shall be responsible for keeping all
equipment in a clean and sanitary condition. The Vendor shall be solely responsible for their upkeep
and repair to ensure they are in good working order at all times. Machines that are damaged or unsightly
shall be removed within five (5) workdays of notice from the City.
Stocking of new, fresh Product shall be the sole responsibility of the successful Vendor. All dated
Product must be fresh, with un-expired dates of sale at all times. Vendor shall remove all expired
Product not later than the printed expiration date if not sold. Sale of expired Product shall be a basis for
default of the contract.
Vendor shall be responsible for stocking and restocking Product on a regular basis based on sales
volume. Repeated out of stock conditions in one or more machines shall provide a basis for contract
default.
B. Specifications for Cold Food/Snacks /Beverage Vending Machine/Equipment
Machine/Equipment Description
1.Vendors must thoroughly describe all machines covered in their proposal, including the
following data:
a. Physical size, make, model, year
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b. Number of food products dispensed
c. Electrical requirements
d. Plumbing requirements
e. Ability to change item prices
f. Coin change capacity
2.All vending machines must be of current manufacture, no older than five (5) years, and in
excellent physical and mechanical condition. Machines that do not meet these
requirements will not be acceptable for placement. Machines should be attractive and
clean. Proposer must include pictures of machines to be used.
C. Product in Machines
Vendor must provide actual product brand names in Proposal Worksheets (pages 23-26). Once products
are approved, no substitutions are allowed without prior approval from the City.
Candy and Cold Food/Snack Machines: All machines in this
category must provide healthy choices along with candy, gum,
snacks, bagged cookies, chips, popcorn and crackers that do not
require refrigeration.
Beverages: All machines must provide choices along with
decaffeinated soda in bottles and cans.
A broad assortment must be furnished in each machine. Products
furnished must be a recognized name brand approved by the City.
All machines in this category must be equipped with dollar bill and
coin changers.
2-3 VENDOR REQUIREMENTS
The Vendor must meet the following requirements on a continuous basis during the contract period and
any extensions, or it shall be cause for the City to hold the Vendor in default.
1.The Vendor shall provide all machines in those locations as specified in Appendix A to
this solicitation, or as approved by the City. Machine service equipment shall be
operational at all times except in cases beyond the control of the vendor (example –
during periods of electrical power outages).
2.Vending machines equipment shall be maintained in an excellent state of repair by the
Vendor and shall be repaired or replaced to a standard acceptable to the City, within 24
hours of verbal notification of a deficiency.
3.Vending machines shall be added or removed from a location only as requested by or
approved by the City. Valid reasons for removing a machine shall include documented
excess vandalism or low sales that result in the vending machine being uneconomical to
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the Vendor. The City will evaluate each request and removal permission shall not be
unreasonably withheld. Removal for isolated cases of vandalism or seasonable
slowdown of sales will not be accepted. Additional machines will be added at the City’s
request based on new facilities, increased usage or high sales that merit additional
machines. The Vendor may suggest the addition of machines, but must obtain City
approval before installation of the additional machine.
Pricing of products must be accomplished as part of the successful contractor’s bid proposal. Price
changes may be requested by Vendor during the term of the contract. All price changes must be
reasonable and shall be submitted to the City for review and approval. The City may deny the price
change in its sole discretion.
Contractor shall provide both dollar bill and coin changer on all machines. The ability to change larger
denomination bills than a $1 bill will be favorably considered.
Contractor shall collect all sales revenue from each machine on a regular basis, at least once each ten
(10) calendar days, to reduce the risk of pilferage. The contractor shall be solely responsible for any loss
of proceeds through fraud, theft, pilferage or embezzlement.
Remittance of City commissions shall be made MONTHLY by check made payable to the City of
Boynton Beach. Such remittance must be received by the City not later than ten (10) calendar days
following the month for which commissions are due.
Any products and short-changes which result in consumer complaint (including past dated merchandise)
must be resolved by immediate refund. Contractor will provide and maintain a $25.00 petty cash fund
to a designated City employee. The contractor will supply refund slip envelopes.
2-4 MONTHLY STATEMENTS/ AUDIT OF COLLECTIONS – Submit with proposal a
sample report of commission remittance of current customers
The Vendor agrees to compute, report, and pay monthly commission to the City due from gross vending
receipts of the previous month in accordance with the agreed upon percentage as indicated on the
Proposal Worksheet on pages 26-31 of this RFP. The percentage of commission paid to the City shall be
calculated on gross sales less applicable sales tax. Accompanying the check representing payment of
commission due, a statement of sales with the following information will be forwarded to the City:
1.Machine Number
2.Counter reading (beginning and ending)
3.Gross receipts as determined by counter
4.Actual cash taken from machines
5.Taxable receipts (gross receipts less refunds)
6.Florida Sales Tax deduction
7.Net receipts applicable to commission
8.Commission due
The City has the option of spot-checking collections as required to ensure accurate reporting of income
and commissions.
OTHER CONSIDERATIONS
PART III
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3-1 CITY PROVIDED SERVICES TO THE VENDOR
The City will provide the following services to the Vendor to assist in maximizing sales of vended
products:
1.The City will attempt to locate vending machines in areas that will maximize visibility to the
intended customers. For example, machines targeted at employees will be located in employee
break rooms or in locations easily accessible to employees. Machines targeted at the general
public will be located where good exposure will be provided to the users of the facility. If a
conflict arises over location of a machine, the City Contract Administrator will have final
authority to settle the disputed location.
2.The City shall provide electrical service to operate the vending machines, at no cost to the
vendor, from existing outlets. Any construction to expand existing electrical outlet locations will
be provided by the City to the Vendor at the actual cost to the City, if it is in the mutual interest
of the City and the Vendor.
3.The City will provide the Vendor with the exclusive right to vend through machines the products
as defined in the machine categories in Section 2-2 on City property. This shall include any new
buildings, parks and facilities owned or leased by the City during the term of this contract and its
extensions. Exceptions to this agreement include the “Links of Boynton Beach Golf Course”,
the Library and “Oceanfront Park” Concessions which are separate contracts.
3-2 VANDAL PROTECTION
The Vendor shall be responsible for equipping all machines located outdoors, and therefore available to
the public, with vandal-proof enclosures or cages. Approval of the protective devices used must be
obtained from the City.
3-3 CITY CONTACT
Tim Howard, Deputy Finance Director, or designee,
The City contact for this project will be
Monday through Friday from 7:00 A.M. to 6:00 P.M. at (561) 742-6310, or e-mail
howardt@bbfl.us.
After Notice to Proceed is issued, all communications and correspondence shall be
Tim Howard, Deputy Finance Director
directed to at the address above.
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6. E
CONSENT AGENDA
July 5, 2011
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July 5, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
Approve the minutes from the City Commission meeting
EQUESTED CTION BY ITY OMMISSION
held on June 21, 2011
The City Commission met on June 21, 2011 and minutes were prepared from the notes taken
at the meetings. 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
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7. A
BIDS AND PURCHASES OVER $100,000
July 5, 2011
COBB
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GENDA TEM EQUEST ORM
CMD:
July 5, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R11-071 - Approve
EQUESTED CTION BY ITY OMMISSION
renewal of the City's Life and Disability Insurance Plans with Hartford Life for the Fiscal Year 2011/2012
PARP:
October 1, 2011 thru September 30, 2012
ROVIDER GREEMENT ENEWAL ERIOD
ER:
On September 18, 2008 the Commission awarded a Provider
XPLANATION OF EQUEST
Agreement for RFP #062-1610-08/JA. Per Resolution R08-111, dated September 18, 2008
the City entered into a Provider Agreement with Hartford Life and Accident Insurance
Company for Life and Disability Insurance Plans for a two year term 10/01/08 – 09/30/10, with
two additional one (1) year renewal options for all City employees.
On July 20, 2010 the City passed Resolution R10-097 approving renewal of the Life and
Disability Insurance Plans with Hartford Life and Accident Insurance Company for a period of
one year, 10/01/10 – 09/30/11, at the same terms, conditions and rates as allowed by the
Provider Agreement.
After discussions between Willis of Florida (the City’s Benefits Consultants) and Hartford Life
and Accident, Hartford has extended the renewal offer for the last remaining renewal period
with various reductions in rates for the contract period 10/01/11 – 09/30/12. The current and
renewal monthly rates are included in the attached May 1, 2011 renewal letter from Hartford
Life and Accident Insurance Company. The amount of reduction varies depending upon
coverage, but overall the City will most likely see an average of a 5% reduction in monthly
premiums for the agreement period.
The City’s Insurance Committee met on Wednesday, May 18, 2011 at a publically noticed
meeting and was updated by Willis as to the renewal specifics from Hartford Life and Accident.
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The Insurance Committee agreed to recommend the renewal of this Plan for the fiscal year
2011/2012 at the renewal offer extended by Hartford Life and Accident Insurance Company.
This will be the final renewal period for this Provider Agreement and staff intends to issue
another RFP for this coverage for the 2012/2013 fiscal year.
The annual expenses for the Life and Disability Insurance Plan for the current and previous
years are as follows:
FY 2008/2009 $ 169,772.92
FY 2009/2010 $ 174,693.49
FY 2010/2011(to date) $ 118,992.61
H?
The purpose of this program is to provide
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
group insurance coverage to all full-time employees by an insurance carrier for Group Basic
Life and Accidental Death and Dismemberment Insurance (AD & D), Group Optional Life and
Accidental Death and Dismemberment Insurance, Group dependent life insurance, and Group
long-term disability insurance (LTD) plans.
FI:
The fiscal impact would be a reduction in the City’s monthly premiums for the
ISCAL MPACT
next fiscal year. The anticipated reduction in monthly premium has been taken into account
during the FY 2011/2012 budget preparation.
A:
Do not renew Provider Agreement for the City’s Life and Disability Insurance
LTERNATIVES
Plan with Hartford Life and Accident Insurance Company and issue an RFP for the City’s Life
and Disability Insurance Plan. The City’s Benefits Consultant (Willis of Florida) and staff
recommend renewing the City’s current Life and Disability Insurance Plan.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING THE ONE YEAR RENEWAL
OF THE CONTRACT FOR LIFE AND DISABILITY INSURANCE
WITH HARTFORD LIFE AND ACCIDENT INSURANCE
COMPANY FROM OCTOBER 1, 2011 TO SEPTEMBER 30, 2012;
AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS,
on September 18, 2008, the City Commission of the City of Boynton Beach, via
resolution 08-111, approved a Two Year Contract for Life and Disability Insurance Plans with Hartford
Life and Accident Insurance Company; and
WHEREAS
, the contract approved by the City Commission provided for two (2) additional one
(1) year extensions; and
WHEREAS,
on July 20, 2010, the City Commission approved a one year renewal of the Life
and Disability Insurance Plans with Hartford Life and Accident Insurance Company at the same terms,
conditions and rates as allowed by the Provider Agreement; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation of
staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to
approve the one year renewal of the Contract for Life and Disability Insurance with Hartford Life and
Accident Insurance Company from October 1, 2011 to September 30, 2012.
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
the one year renewal of the Contract for Life and Disability Insurance with Hartford Life and Accident
Insurance Company from October 1, 2011 to September 30, 2012, a copy of the original Contract
previously approved) is attached hereto as Exhibit “A”.
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Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of July, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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7. B
BIDS AND PURCHASES OVER $100,000
July 5, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 5, 2011
OMMISSION EETING ATE
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PENINGSUBLIC EARING
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A/P UB
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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RACC:
PROPOSED RESOLUTION NO. R11-072 - Approve a
EQUESTED CTION BY ITY OMMISSION
one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS
ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for
the plan year October 1, 2011 through September 30, 2012 as provided under the Terms of the contract
with CIGNA and the City of Boynton Beach
PROVIDERAGREEMENTPERIOD:OCTOBER1,2011THROUGHSEPTEMBER30,2012
ER:
A Request for Proposal (RFP) 046-1610-10/CJD was issued for
XPLANATION OF EQUEST
Group Benefits Medical Claims Administration (TPA) Services - a Fully Insured Medical Plan
by Procurement Services. The Proposals were opened on June 2, 2010 with five healthcare
companies responding to this RFP. The City’s Human Resources staff (Review Committee)
ranked the proposals based on criteria stated in the RFP. CIGNA received the highest ranking
with a score of 95 out of a possible 100 points. The City’s Insurance Committee, a cross
functional team with representation from the Unions and general employees met to review the
proposals. The Insurance Committee and the Review Committee recommended awarding the
medical insurance agreement for the period October 1, 2010 through September 30, 2011 to
CIGNA Healthcare as the most responsive, beneficial healthcare plan. On July 20, 2010,
Commission approved Resolution No. R10-094 authorizing the City Manager and City Clerk to
execute the Provider Agreement with CIGNA Healthcare.
Under the Term of the Provider Agreement, the City has the option to extend for three
additional one-year periods. CIGNA Healthcare has agreed to extend the Agreement for one
year at the existing rates, with minor benefit changes. (Attached Letter dated June 3, 2011.)
In the Provider Agreement, the Scope of Services states “No modifications will be made to the
original scope of work without the written approval of the City Manager or his designee.” For
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CIGNA to extend a renewal offer with no increase to the current rates, some benefit changes
were necessary as outlined in the letter from CIGNA.
This offer was a result of discussions with Willis of Florida (the City’s Benefits Consultants) and
reviewing the City’s claims experience and various factors that are utilized to determine a
plan’s rate structure. In addition, CIGNA had available to them investment accounts that can
be utilized to continue partnerships with existing clients and apply them to the plan so there
was not an increase in rates. Willis explained that there are rules governing how insurance
carriers can use the investment funds. CIGNA was able to utilize them in their renewal offer,
but cautioned Willis that they would not be able to utilize them to respond to an RFP. After
reviewing the City’s claims experience and CIGNA’s renewal offer, it was the opinion of Willis
that it would be to the City’s benefit to accept CIGNA’s renewal offer instead of issuing a RFP
for Health Insurance for the plan year October 1, 2011 thru September 30, 2012.
The City’s Insurance Committee met on Wednesday, May 18, 2011 at a publically noticed
meeting and was updated by Willis as to the renewal offer from CIGNA. It was explained that
in order to maintain the current monthly premiums there were minor changes that needed to be
made to the plan including increase in deductible for in-network, minor increases in co-pays for
physician visits, emergency room, urgent care centers, and prescription drugs. The Insurance
Committee agreed to recommend the renewal of the CIGNA plan with the minor changes in
order to maintain the current premiums.
The annual expenses for the Health Insurance Plan for the current and previous fiscal years
are as follows:
FY 2008/2009 $5,063,650.27
FY 2009/2010 $4,731,949.85
FY 2010/2011(to date) $4,027,683.47
H?
An extension of the current Provider
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Agreement for healthcare services will provide continued health coverage for City employees
and dependents.
FI:
The City will maintain the Fiscal Year 2010-2011 monthly health benefit
ISCAL MPACT
expenditures for the upcoming 2011-2012 Fiscal Year.
A:
Do not extend current agreement and issue new RFP for Health Insurance
LTERNATIVES
program for the upcoming year.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, AWARDING A PROVIDER AGREEMENT
FOR RFP #046-1610-10/CJD “GROUP BENEFITS: MEDICAL
CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY
INSURED PLANS” WITH CIGNA CORPORATION, FOR
MEDICAL INSURANCE FROM OCTOBER 1, 2010 THROUGH
SEPTEMBER 30, 2011; AUTHORIZING THE INTERIM CITY
MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER
AGREEMENT AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS
, on July 20, 2010, the City Commission of the City of Boynton Beach approved
the award of a Provider Agreement to CIGNA HealthCare for Group Benefits Medical Claims
Administration Services and/or Fully Insured Plan for the one year term from October 1, 2010 to
September 30, 2011; and
WHEREAS,
the Provider Agreement had the option to extend the Agreement for three
additional one-year periods; and
WHEREAS
, the City Commission of the City of Boynton Beach, upon recommendation of staff,
deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve
the one year extension of a Provider Agreement with CIGNA HealthCare for the medical insurance plan
for a term commencing October 1, 2011 to September 30, 2012, for all city employees.
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 one year extension of the Provider Agreement to CIGNA HealthCare for the medical insurance plan
for a one year term commencing October 1, 2011 to September 30, 2012, for all city employees, a copy
of which is attached hereto as Exhibit “A”.
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Section 3. The Interim City Manager and City Clerk are authorized to execute the Provider
Agreement with CIGNA HealthCare.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of July, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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10. A
CITY MANAGER’S REPORT
July 5, 2011
COBB
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AIRF
GENDA TEM EQUEST ORM
CMD:
July 5, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
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BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Provide direction to staff regarding the Old High School
EQUESTED CTION BY ITY OMMISSION
RFP elements including proposed use, land disposition and preliminary engineering / architectural work.
ER:
XPLANATION OF EQUEST
At its May 17 meeting, the City Commission heard a presentation from the IBI Group and REG
Architects (consultants) regarding the potential redevelopment of the Old High School located
on Ocean Avenue. This presentation was the culmination of a month’s long analysis of
potential uses of the school. Significant public input was received and the extended history of
analyses was considered.
At the close of Commission review, the Commission directed City Staff to act upon the
recommendations of the consultants and prepare a Request For Proposals from the private
sector that are responsive to the findings of the consultant. The ultimate goal is to accept and
review proposals with the intent of determining the proposal that best accomplishes the City’s
goal to save a historic structure in a manner than continues to serve the community for many
years to come.
City staff has begun the task of preparing an RFP that addresses all issues. However, prior to
submitting this RFP publicly, City staff has identified five policy areas requiring further direction
from the City Commission. These areas include 1) Building Use, 2) Land Disposition, 3)
Engineering and Architectural Services, 4) Permit Fees / Tax Relief, and 5) Funding
Participation. Further discussion of each of these issues follows.
Building Use
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The consultant has suggested that three uses would most likely be supported by the
commercial market. These uses are as follows:
1. Education or banquet uses as single user/tenants.
2. Jobs Based, Multi Tenant model. In this scenario a single operator/landlord would
lease space to smaller tenants and users for office type purposes, primarily for
executive office space that is shared. This space utilization is compatible with other
uses such as small fitness centers, day care, cafés all with the gymnasium
potentially available for conference space, etc. Each of these uses would be
expected to support each other.
3. Art and Culture Based Users. The consultant believes that a multi-user facility
based upon Art and Culture may be marketable. Users could include artist studios
with further use of the gymnasium for meetings, events, and exhibits as
complimentary elements.
As noted above, the consultant has identified specific uses that they believe the private
market would support. It is important that the RFP provide clear direction to the proposer
regarding uses, preferred or otherwise. The City need not solicit proposals for uses that the
City would, under no terms, consider.
Staff Recommendation: The RFP should be limited to the three specific use categories only
as identified by the consultant.
Land Disposition
Proposers will be expected to comment on the acquisition or lease of the building and land
from the City. The Consultant commented that either land disposition scenario, sale or
lease, would be viable. However, staff believes it wise to tell RFP respondents up front in
the RFP what the preferred City method is for use of the property and what the lease
and/or sale terms would be. Assuming a for-profit use, the land will likely generate future
property tax.
Recommendation: Staff recommends that the City make the old high school building and
land available to the respondents via either sale or lease. Staff further recommends that
land immediately west of the school to Seacrest Blvd. be made available to respondents
under similar terms for parking purposes associated with the proposed use. Respondents
shall propose said terms.
Engineering and Architectural Services
The consultant recommended that the City begin immediate engineering and architectural
design services for stabilization of the core and shell of the building. By doing so, the City
shows commitment to the project. Staff anticipates that this would cost around $250,000.
Funding in the City’s CIP would need to be identified by eliminating other capital projects or
transferring other general funds to the CIP. Staff has included this funding in the CIP
documents as part of FY 2011/12 Budget.
Permit Fees
The consultant recommended that the City package any monetary waivers of taxes and
fees into the RFP.
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Question: Shall the City waive and pay Building Permit and Arts Fees for the final selected
project? Assuming a project is valued at $5.0M, the total waived permits and fees would be
$165,000. These monies must be budgeted as both an expenditure and revenue in the City
budget.
Recommendation: City Staff recommends that the City waive and pay all City generated
fees up to $100,000.
Funding Participation and Incentives
The consultant recommended that the City structure public funding and financing
mechanisms into the RFP. These sources can include City, CRA, County, State and
Federal. These resources can be difficult to identify and obtain confirmation of financial
participation in a timely manner.
The purpose of the Boynton Beach Community Redevelopment Agency (CRA) is to
encourage redevelopment within it designated area. The CRA may elect to negotiate a Tax
Increment Finance Agreement with a successful proposer if the successful proposer is a
for-profit entity. The CRA also offers a number of economic development programs that
can be used for the redevelopment of the Old High School. Therefore, the RFP shall
specifically direct respondents to the Boynton Beach CRA. The CRA Economic
Development Programs can be viewed at the CRA website at:
http://www.boyntonbeachcra.com/businesses/. “
Question: Does the City Commission wish to incorporate all potential public funding into
the RFP, recognizing that this will delay publication of the RFP for several months? Staff
believes that much of this research is the responsibility of the respondent.
Question: Does the City Commission wish to commit City funding for the project over and
above referenced land and fee matters and if so, how much?
H?
Depending upon direction, City funds may
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
need to be identified for capital design services, fee waivers, etc. Reallocation of dollars for
these purposes may mean modification or elimination of other capital projects or general City
services. Further budget discussion is necessary.
FI:
TBD
ISCAL MPACT
A:
Not proceed with an RFP for redevelopment of the old high school as
LTERNATIVES
recommended.
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10. B
CITY MANAGER’S REPORT
July 5, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
July 5, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Update on staff research regarding potential city ownership
EQUESTED CTION BY ITY OMMISSION
of the Women's Club.
ER:
At its May 3rd meeting, the City Commission directed City staff to
XPLANATION OF EQUEST
conduct due diligence regarding the potential for the City to assume ownership of the Boynton
Beach Woman’s Club and the associated land. Staff provides this update to the Commission
regarding progress to date. This action builds further upon Commission reviews in 2002 and
2004 as shown in the attached exhibits.
On June 21, Mayor Rodriguez and City and CRA Staff met with representatives from the
Woman’s Club to begin the due diligence process necessary to make an informed decision
about the future of the Woman’s Club. All parties agreed that the long term goal is to ensure
that the historic Mizner structure continues to serve the needs of future City residents, yet do
so as a constant reminder of the genesis of the building and the unique role the building has
played in the history of Boynton Beach.
Discussion centered on the following topics:
1. Building condition: City staff believes it necessary to conduct an architectural
assessment of the structure. The evaluation conducted in 2002 is no longer valid. A
new assessment should be conducted to evaluate the integrity of a number of building
components such as structure, HVAC, electrical, plumbing and accessibility, to name a
few. It is important that the City identify future maintenance needs prior to any possible
deed transfer so that we do not incur unexpected costly maintenance expense that
could have an impact on other future City capital initiatives. More importantly, staff
wishes to identify all critical historic architectural elements where maintenance expense
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will be imminent. Staff firmly believes that if the City is to take responsibility for this
building then we must do so in a manner respectful of the many historic elements.
Staff has discussed an architectural/historic assessment with a local architect. It
appears that a study of this sort would cost from $15,000 to $25,000. Staff
recommends that the City Commission authorize staff to seek proposals from qualified
architects to conduct this analysis. It would take around 90 to 120 days to complete this
process. This procedure is necessary to comply with City Purchasing requirements.
2. Space Programming. Aside from a shared desire to save this historic structure, should
the City be an active participant in the building’s future then it is critical that we identify
how the building will be used. We need to ensure that any City operated programming
and private rental of the facility do not negatively impact other City facilities and
programs. For example, Intracoastal Park Clubhouse is likely most similar to the
Woman’s Club in its operation and design and we know that we have not utilized that
facility to its full potential for private rentals. We also know that service hours and
programs at a number of our existing buildings (Sims Center, Hester Center, and the
Senior Center) will be reduced next year as a result of diminished staff levels overall in
the Recreation Department. Therefore, adding new building space to the City inventory
must be done in consideration of these other external issues. Furthermore, there is a
separate initiative to re-use the Old High School for unknown future uses which may
compete with the uses of the Woman’s Club.
During our meeting with the Woman’s Club staff, it became apparent that they do seek
private rental use of the building and have had some success in this endeavor. Those
who use the building love it. However, we learned through the Woman’s Club that they
have little time or financial capability to market the availability of the building. For
example, they rely on word of mouth of many prior users, weddings in particular.
Staff believes that a marketing initiative is critical to the future success of the Woman’s
Club building. In fact, marketing may play such an important role in future efforts that it
may be possible for the Woman’s Club to continue ownership.
Staff recommends that City staff and Woman’s Club Representatives explore marketing
options. To that end, Staff recommends the CRA/City actively seek marketing options
with the Woman’s Club as part of the City’s redevelopment efforts. These efforts would
be necessary regardless of whether or not the City assumes control of the building. As
part of the marketing analysis, it may be appropriate to consider private management
and marketing of the building with either the City or Woman’s Club as owner of the
building
3. Parking
Parking is likely the most critical issue. Larger events easily demand parking far greater
than can be accommodated on site. This is true regardless of ownership of the building.
However, should the City own the property, there will be a higher expectation to
accommodate shared parking with the Senior Center, a location that is convenient to
the Woman’s Club, but unfortunately is separated by a high volume arterial roadway
(Federal Highway). Should the City assume an ownership role, staff would recommend
pursuing either a pedestrian crossing signal or fully actuated traffic signal on Federal
Highway. Cost for this could approach $300,000 or more depending upon whether
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intersection reconstruction would be required by the Florida Department of
Transportation. As an alternate, it may be possible to consider less costly shuttle
services but that is a subject of a more in depth analysis.
Based upon Commission input, staff will continue the due diligence evaluation.
H?
Programming uses must be identified.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Long range maintenance costs must be properly planned and budgeted.
FI:
Unknown at this time.
ISCAL MPACT
A:
Direct staff to cease consideration of Woman’s Club alternatives.
LTERNATIVES
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10. C
CITY MANAGER’S REPORT
July 5, 2011
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ETTLEMENTS
RACC:
Discuss the format for the FY2011/2012 Budget
EQUESTED CTION BY ITY OMMISSION
Workshops being held July 11, 12 & 13, 2011.
ER:
Staff is looking for direction regarding the preferred format for the
XPLANATION OF EQUEST
three (3) days of budget workshops. Does the Commission want to utilize the same process
as last year, beginning the workshop with an overview of the budget and then continuing with
individual departmental presentations? The departments would be scheduled for a specific
date and time, while being flexible to changes in the scheduling. The department would be
contacted and invited to attend prior to their presentation, based on the informational needs
and timeframe of the Commission
H?
By determining the format of the budget
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
workshops ahead of time, it will facilitate a smoother, more productive work environment for
the Commission.
FI:
N/A
ISCAL MPACT
A:
Not utilize the same format as last year and recommend alternative format(s)
LTERNATIVES
for staff to implement.
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11. A
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RACC:
Request to consider amendment to City Code on
EQUESTED CTION BY ITY OMMISSION
temporary banners.
th
ER:
This item is in follow-up to the discussion held at the June 7
XPLANATION OF EQUEST
Commission meeting. Staff was directed to meet with the two owners of local businesses who
where present and addressed the Commission, to determine how other cities regulate
banners, and to propose possible amendments for Commission consideration including
provisions for a “feather”-style banner. A “feather” banner is construed to be a banner oriented
vertically and mounted on one side to a pole enabling it to move, either swivel around the pole,
or “wave” freely and rotate, depending on the design and wind strength and direction. The
industry has various labels for these types of signs or banners, which should be understood as
the magnitude and type of movement is a factor of material and design (or shape and framing).
Although some terms are interchangeable and there was not total consistency found
throughout various manufacturer or vendor websites, staff understands the different styles to
be described as follows:
“Feather” or “bow” banner appear to be general terms for a lightweight, vertically-
oriented banner with minimal framing that curves outward at the top to match the curved
shape of the fabric (similar to a bow from a bow and arrow);
Vertical flag-style banner is similar to the bow banner but rectangular in shape with a
top horizontal bracket and lose bottom to allow moderate free motion and reasonable
visibility of the printed information;
“Teardrop” is a feather or bow banner except that the banner is shaped like a teardrop
with a taut outside edge to restrict free or waving movement and maximize visibility to
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the text or message on the banner. Movement is uniform facilitated by the pole base
which swivels with the wind direction; and
Feather banner “flag” appears to be very light weight and with minimal framing to allow
maximum free movement. May or may not contain text or copy, with an emphasis on
the free waving motion rather than visibility of printed information.
Staffs presentation of this item will include a slide show of digital images of the banners and
other signs described in this report.
Current Regulations
The current regulations read as follows:
4. Banner.
a. New Development.
(1) A temporary banner, not to exceed 20 square feet, is allowed for a maximum of one (1)
year for a new multi-family residential development or non-residential use. The permit to allow
for such banner shall only be issued once a certificate of occupancy has been approved for the
project.
(2) For multi-family residential developments and projects located in mixed-use zoning
districts, an additional banner of equal size and shape may be allowed, provided that both are
placed at the main point of vehicular ingress / egress. This placement and symmetry may be
repeated at one (1) project entrance per frontage with a maximum number of two banners per
entrance and maximum height of 15 feet.
b. Existing Development.
A temporary banner, not to exceed 20 square feet, is allowed for
existing multi-family developments and non-residential uses. This banner is allowed for a
maximum of 90 days within a one (1)-year period.
c. Landscaping.
Banners, if placed within the landscape strips abutting rights of way or
perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances,
banners shall be placed behind the shrub line and their location must comply with the cross
visibility and safe sight standards of Section 4.A.3 above.
d. Miscellaneous.
All banners, regardless of location, shall be removed within 12
hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the
following types of temporary signage; 1) project development signs; 2) construction sign; 3)
special temporary sales event; 4) seasonal sales event sign; and 5) Recreation and Parks Special
Event Sign. The provisions of this subsection do not apply to the aforementioned type of
temporary signs. See the appropriate subsections of code and their respective regulations for
each type of aforementioned sign.
The above-described standards and provisions are summarized as follows:
One, 20 square foot banner to be displayed up to one year at a new multi-family
development or at any new, non-residential development;
Two, 20 square foot banners to be displayed at one driveway per project frontage for up
to one year at a new mixed-use development;
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One 20 square foot banner to be displayed for a cumulative maximum period of 90 days
for an existing business or development; and
Banners may be displayed either on a building façade or mounted on posts and placed
on the subject property, except such placement shall not block views at corners and if
placed in the landscape buffers, said banners shall be placed behind the “shrub line”
and not be attached to any trees.
It should also be explained that current regulations are intended to prevent signs from moving
and creating inordinate distractions or a cluttered appearance along a roadway corridor. The
sign regulations (Ch. 4, Art. 4, Sec. 3) prohibit any signs that flutter or are animated, as well as
specifically prohibit pennants and streamers. Therefore, the sign regulations are interpreted to
require banners to be mounted so that they do not wave or move freely in the wind, and
therefore preclude the use of a feather banner.
Feedback from Two Local Businesses
As directed, staff met with the operators of two businesses that brought this issue to the
Commission, and who currently operate within the Marathon Music Center located on the west
side of N. Congress Avenue in front of the Boynton Mall. Staff informed them of the current
regulations and in particular, that banners may be displayed along Congress Avenue as well
as mounted to the building façade. Staff also listened to their respective advertising objectives,
and ideas for increasing the City’s sign provisions. Both operators have purchased a feather
banner. Whereas one operator desires to place the banner along Congress Avenue, the other
operator accepts the potential negative visual impacts of that location, and in contrast, prefers
to display the banner at the northern property line which is along the mall entrance road. This
same operator, after realizing the benefit to business activity from displaying the feather
banner, desires to be allowed to display the feather banner year-round. The operator
recognizes that too many banners simultaneously displayed would be a detriment to the
streetscape, but opines that regulations could prevent that circumstance, as well as ensure
equity between different businesses within a multi-tenant center.
Comparable Banner Regulations
Staff researched other codes to find that several comparable cities in the area allow banners to
be temporarily displayed; however, most Cities sampled limit this provision to the grand
opening of a business and not a pre-existing business, and three of the seven codes
researched allow “feather” banners. This information, in addition to the maximum display
period and mounting restrictions, are summarized in the table below:
Boca Delray Lantana Lake W. Palm WellingtonJupiter
Raton Beach WorthBeach
Only until New New New Non-profits New New
Allowed?
permanent businesses businesses, businesses, businesses businesses
sign is holiday community or or special or special
installed, or period, or special event, event. event.
for special special or end of
event. event. business sale.
1 1 3 2 4 per street 1 1
Max. No.
frontage
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32 sq.ft. 50 sq.ft. 24 sq.ft. 12 sq.ft. 40 sq.ft. 12 sq.ft. 32 sq.ft.
Max.
Size:
60 days 4 weeks 14 days 15 days 37 days 7 days 14 days
Duration:
(eligible for
30-day ext.)
No No Yes No No Yes* Yes
Feather
Banner?:
Only Limited to Affixed to Not mounted Mounted
Other
placed twice / year. light poles, to to 2 posts
Reqts.
- on bldg, - Not attached to min. 5 ft. structure or or bldg,
no utility poles or setback. landscaping. Not to
higher landscaping. Min. of 5’ plants.
than 15’. setback.
Of the cities surveyed, West Palm Beach allows the greatest display period, which totals 67
days (37 days plus a 30-day extension option), and Boca Raton allows 60 days.
Other Information and Observations
Code History – This section of the Land Development Regulations remained unchanged for
many years, and allowed a new business to display a fixed banner for a maximum period of 90
days, and allowed an existing business to display a banner for a maximum of 14 days
(essentially allowing for the promotion of one or two sales events per calendar year). In early
2009, the City Commission amended these regulations to allow existing businesses the same
90-day display period as new businesses, and the ordinance adopting these amendments was
only in effect for 1 year. As no measureable impacts upon the city were realized during this test
period, these standards were re-adopted within the LDR Rewrite in December of 2010;
Observation – The current banner provisions for new and existing businesses appears to be
under-used. Staff conducted a very simple “windshield” survey of selected corridors with a
concentration of commercial businesses to find very few businesses displaying a permitted
banner. It is not known whether this circumstance is due to the lack of familiarity with the City’s
sign provisions, or if such permitted “static” banners are not as visible and therefore not worth
the effort required to obtain the banner and necessary approvals;
Observation – In the few areas viewed by staff, more feather banners were observed being
displayed than the standard, code-compliant static banners;
Observation – Various methods of attracting attention to businesses was observed, and most
techniques are contrary to the City’s sign regulations. Two of the most visible methods include
window advertising, commercial vehicle signage, and other forms of signage including snipe
signs and small “A”-frame signs. Window signage is the most visible form of advertising, and
examples include New York Carpet and Tile and Cort Furniture stores. Window signage is
allowed by the new LDR; and even encouraged to create the traditional storefront image;
however, window signage is limited to either 20% or 3 square feet of the window area,
depending on the location of the window in proximity to the business entrance, and is not
intended to be large enough to be visible to passing motorists. As for vehicle signage, vehicles
were observed being parked intentionally within spaces located nearest to the street. The new
LDR also prohibits the parking of such vehicles with visible signage, within 25 feet from the
front property line for more than 4 hours within a 24-hour period; and
Permit activity – Development Department records indicate that 10 businesses have been
issued one or more banner permits during the past 6 months.
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Alternatives
Option #1: Status quo – The relatively low use of the City’s banner permit option may not
justify a change in current regulations, leaving the type of banner and duration of display to a
properly mounted static banner and 90 days, respectively.
Option #2: Increase display period – This could be done for either a temporary test period
similar to Ordinance 09-13 which “sunsetted” after 1 year, or without a sunsetting provision.
The display period could be increased to a period desired by the Commission, whether it be for
180 days (the doubling of the current 90-day display provision), or for a greater period. A
variation of this could be to maintain the current standard of 90 days, but as a base period that
may be extended for additional periods (i.e. 30-day increments with a corresponding fee for
each extension).
Option #3: Allow feather banners – This scenario would only include a simple code
amendment allowing the feather banner in addition to the current static banner, but without any
change in the maximum display period. Given the uncertainty of the magnitude of use and
visual impacts upon the streetscape, staff would recommend that such an amendment be
evaluated for a period of 1 year, as a checkpoint for determining impacts and benefits, and the
net value of such provisions. As an option, the adopting ordinance could contain a sunsetting
clause so that it naturally expires unless there are no negative findings and extended by
separate action by the Commission. However, by introducing signs which are now allowed
some movement, caution should be given to the exact wording, the terms and definitions, and
prohibitions to maintain the integrity and defensibility of the City’s sign regulations.
Option #4: Allow feather banners w/density limit – To address the concern regarding
possible proliferation of banners and a degraded streetscape, the City could include in the
amendments a density limit so that only a set number of banners are simultaneously allowed
on a given property (e.g. based on linear street frontage). This would require the establishment
of a rather arbitrary standard such as a maximum of 1 or 2 banners per 300 feet of street
frontage. Under this standard, and without a limit on parcels with multiple frontages, the
Marathon Music Center would be allowed either 3 or 6 banners at any one time (the northern
boundary is approximately 600 feet and the eastern boundary along Congress Avenue is 295
feet). In addition to this center, the frontage dimensions for other properties in the area, along
with anticipated banner allowances, are as follows:
4
Business/Property Frontage (ft.) 1 per 300 ft. 2 per 300 ft.
295/600 3 5
Marathon Music Ctr
215 1 1
Brus Room
294 1 1
Toys R Us
170 1 1
Olive Garden
279 1 1
U-Haul
157 1 1
KFC (west store)
1
519 1 1
Dick’s
22
1
1,700
Mall
5/1 10/1
3
4,500 15 30
Sports Auth./B&N
1
- .
Old Boynton Road frontage only
2
–
If the Mall is construed to be a single property/owner, then only one (1) may be allowed per frontage.
3
-
Includes 3 frontages. 1 frontage is appx. 1,500 ft. or 5 banners.
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4
- 1 per property minimum regardless of dimension of frontage; 1 per single occupant parcels; not to exceed 1 /
300 ft. for multiple tenant properties. Shall not exceed the total business on the property.
Of course this option operates on the principle of first-come, first-served. It would also include
a provision that allows 1 banner per single-occupant properties, regardless of linear frontage.
Other notable aspects of this option include the increase in the complexity of the City’s
monitoring process, the increased competition for banner permits during holiday or other
commonly recognized days of the year, a positive impact on permit revenues, and the
increased obligation to conduct site inspections. The owner of the Marathon Music Store
recommended that the duration for displaying banners be unrestricted, and that the issue of
equity be handled through a rotational provision in the regulations. Meaning, if the maximum
banners are permitted, the next banner permit application filed with the City is placed in a
queue in the order of it being received, which would then “bump” the displayed banner that has
been displayed the longest. The banner that is bumped can then be the subject of a new
application and be placed in the queuing sequence (and so on). This option would represent a
further intensification of the City’s administrative and enforcement processes, and possibly
result in the permanent display at the streetscape of waving banners of various colors and
shapes.
Recommendation
If the Commission desires to increase the advertising mechanisms and visibility for
businesses, while minimizing the overall potential impacts on the streetscape, staff
recommends that the sign regulations be amended to consider the following:
1. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height
standards and type of banners allowed and discouraged;
2. Establishment of a density standard to set a limit on the number of banners to be
simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage);
Optionally, because this provision could represent a net reduction in total
3.
banners allowed at any one time (compared to current regulations), the density
limit could be written to only apply to those banners placed adjacent to the
roadway, and all other banners would either be required to be placed a maximum
distance from the roadway or property line and subject to a separate density
ratio)
;
4. Currently prohibited signs and provisions that allow limited sign movement;
5. A minimum of 1 banner would be allowed regardless of linear frontage;
6. The maximum display period remains at 90 days;
7. A sunsetting provision to ensure the impacts are monitored and ordinance extended
only if minimal negative effects and net benefit to the area businesses;
8. Impacts on visibility particularly at intersections and driveways, and on views to traffic or
pedestrian signage, bus stops, transportation information signage, emergency signage,
or to other signage or information that is intended to direct or inform the public;
9. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and
restrictions regarding uniform size and design, location, and pedestrian scale and
purpose;
10. Needed amendments to the application fee schedule to account for anticipated
increases in processing and monitoring time and costs.
As indicated above, staff would evaluate the impacts and benefits from the subject
amendments over the first 12 months, and advise the Commission as to whether the ordinance
should sunset or be extended.
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H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The magnitude of increase in temporary banner permit revenues is difficult to
ISCAL MPACT
estimate, and would vary depending on the ultimate action taken.
A:
As described in the above staff analysis.
LTERNATIVES
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11. B
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RACC:
Follow-up to the Ad Hoc Special Events Committee Staff
EQUESTED CTION BY ITY OMMISSION
Liaison and Appointment Process
ER:
At the June 7, 2011 City Commission meeting, the Commission
XPLANATION OF EQUEST
approved Resolution No. R11-059 establishing an Ad Hoc Special Events Advisory
Committee. The Commission also requested that the City Manager and CRA Director appoint
a staff liaison to the committee. After meeting with staff, it was determined that the staff liaison
duties would be shared between Kathy Biscuiti of the CRA and Ginny Shea from the City’s
Recreation Department.
At this juncture we are ready to start the recruitment of applicants and would like direction from
the Commission. Similar to the Green Community Alliance and Historical Preservation
Advisory Committee, specific qualifications are desired for the members of the Ad Hoc Special
Events Advisory Committee. Staff will advertise for applicants through the usual venues and
the City Clerk’s Office will collect the applications.
Staff recommends the Commission allow the initial work group that developed this program
(Carisse LeJeune, Kathy Biscuiti, and Ginny Shea) screen the applications for qualified
candidates then forward a list to the Commission for consideration of appointment?
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
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A:
Review all applications, regardless of qualifications, or allow staff to conduct
LTERNATIVES
the screening process so that only qualified candidates will be forwarded to the Commission
for consideration of appointment.
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13. A
LEGAL
July 5, 2011
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-018 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendments to the land development regulations to allow bars and nightclubs as
conditional uses on properties located within Mixed Use Pods of Planned Industrial Development
Districts (PID). Applicant: City-initiated.
ER:
A cigar retailer desires to open a business in the City and has
XPLANATION OF EQUEST
chosen a vacant commercial bay located in a project named Quantum Park & Village South,
within a mixed-used pod of the Quantum Park Planned Industrial Development (PID zoning).
The retailer’s proposed business plan includes the retailing of cigars and related merchandise,
and the on-site consumption of alcohol. The proposed use would be a “cigar bar”, which would
be categorized and regulated as a “bar / night club.”In 2002, the subject site was approved for
a mixed use development containing 234 residential units and over 132,000 square feet of
commercial space. Mixed Use Pods are unique in that they allow for a varied range of retail
and commercial service uses, but the uses that are allowed in the Mixed Use Pod are directly
related to those uses allowed within the C-1, C-2, and C-3 zoning districts. More specifically,
any permitted use in any of the three aforementioned zoning districts would also be permitted
within the Mixed Use Pod of a PID. A cigar retailer is a permitted use in the C-3 zoning district,
and therefore, would be allowed in the Mixed Use Pod of a PID. With respect to conditional
uses however, the Mixed Use Pod provisions are more restrictive. Conditional uses in the C-1
and C-2 districts are permitted uses within the Mixed Use Pods; however, any conditional use
in the C-3 district is not allowed in the Mixed Use Pod, either permitted or conditionally. In the
C-3 district, a cigar bar (bar / night club) requires conditional use approval, and therefore,
would not be allowed in the Mixed Use Pod. The subject regulations were originally drafted
through a collaborative effort of Quantum Park developers and city staff, which final product
was influenced more by the different compromises made and ultimate consensus reached
between the two parties, than by the framework of existing zoning regulations. The recent
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inquiry by an interested business operator has led to the discovery of this inconsistency. This
code amendment would modify that particular restriction so that cigar bars (or any type of bar /
night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with the C-
3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning district. Both
mixed use districts have similar design and development standards, and intended
development patterns. Please see the accompanying staff report for the specific wording to be
added to the Land Development Regulations to codify this proposed amendment.
H?
(In response to Commission inquiry from
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the June 21, 2011 City Commission meeting) As for impacts on areas currently meeting zoning
and separation requirements for adult entertainment businesses, the addition of alcohol sales
to the Mixed-use Pods within the Quantum Park PID would have no impact. Since residential
land uses are permitted within Mixed-use Pods, Mixed-use Pods were specifically included in
the adult entertainment regulations as one of the uses or zoning districts from which adult
businesses must be separated at least 750 feet. So the subject Mixed-use Pod was originally
incorporated into the model that determined the available areas and parcels with zoning and
st
separation compliance. To fully answer the question raised at the June 21 Commission
meeting, alcohol sales was not included as one of the land uses or businesses from which
adult businesses must be separated.
FI:
New businesses accommodated to contribute to property values, permit
ISCAL MPACT
revenues, and business tax revenues.
A:
Not approve subject code amendment or approve with changes.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS BY AMENDING CHAPTER 3, ARTICLE IV, SECTION
3(C)(6)(B), “USES ALLOWED” TO ALLOW BARS AND NIGHTCLUBS AS
CONDITIONAL USES ON PROPERTIES LOCATED WITHIN MIXED USE
PODS OF PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS (PID);
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR) to
allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned
Industrial Development districts (PID) which would increase internal consistency (with other similar
mixed-use zoning districts) and further business and economic development; 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 allow
bars and nightclubs as conditional uses on properties within Mixed Use Pods of Planned Industrial
Development districts (PID).
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 3, Article IV, Section 3.C.6.b of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
Chapter 3, Article IV, Section 3.C.6.b
b. Use(s) Allowed in Mixed Use Pod
. Mixed-Use Pod within the PID district shall
contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID
district: 1) Townhouse and /or multi-family residential; 2) Commercial / retail; and 3)
Business and professional offices.
(1) Townhouse and / or multi-family residential;
(2) Commercial / retail; and
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(3) Business and professional offices.
Townhouse and multi-family residential, if located on parcels fronting on an arterial
roadway, shall be integrated into a mixed-use project (vertical or horizontal), including
one (1) or more of the uses listed below. The intent of this provision is to further the
intent and purpose of both the PID district and Mixed-Use Pod regulations by requiring
developments along the streetscape that benefit motorists and pedestrians alike, through
proper orientation, visual attributes, desirable commercial, retail, and office uses and
services. Allowable uses within the Mixed Use Pod shall be limited as follows:
(1) Any permitted use in the C-1, C-2, or C-3 zoning district is considered
permitted in the Mixed Use Pod;
(2) Any conditional use in the C-1 or C-2 zoning district shall require
conditional use approval in the Mixed Use Pod; and
(3) Bars and nightclub establishments shall require conditional use approval
in the Mixed Use Pod.
Allowed uses within the Mixed-Use Pod shall be limited to those conditional and
permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3
zoning district as indicated by the Use Matrix Table 3-28 below.
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.
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 – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
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Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 11-017
TO: Chair and Members
Planning & Development Board
FROM: Eric Lee Johnson, AICP
Planner II
THROUGH: Michael Rumpf
Planning and Zoning Director
DATE: May 18, 2011
RE: Cigar Bar in Mixed Use Pod
CDRV 11-005
OVERVIEW
The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete
review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff
anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to
the LDR for one or more of the following reasons or initiatives:
1. Business and economic development initiatives (the attraction and retention of
businesses, and response to changes in the economic environment);
2. Sustainability initiatives (to further general energy conservation and/or the specific
recommendations of the Climate Action Plan or for general energy conservation);
3. Internal consistency (those amendments warranted to address identified internal
inconsistencies or errors);
4. Regulatory compliance (responses to changes in State and / or county laws and
regulations); and
5. Implementation feedback (those adjustments in standards, regulations, and processes
necessary to meet original or current objectives and vision).
NATURE OF REQUEST
Amend the land development regulations to allow bars and nightclubs as conditional uses on properties
located within Mixed Use Pods of Planned Industrial Development districts (PID). The proposed
request would increase internal consistency (with other similar mixed-use zoning districts), and further
business and economic development.
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BACKGROUND
A cigar retailer desires to open a business in the City and has chosen a vacant commercial bay located
on property known as Quantum Park & Village South. The retailer’s proposed business plan includes
the retailing of cigars and related merchandise, and the on-site consumption of alcohol. Based on
discussions with representatives from the establishment, staff determined that the proposed use would be
a cigar bar, which would be categorized and regulated the same as a “bar / night club.”
The Quantum Park & Village South master plan is zoned PID with a Quantum Park land use option of
Mixed Use (MU). In 2002, the subject site was approved for a mixed use development containing 234
residential units and over 132,000 square feet of commercial space. Mixed Use Pods are unique in that
they allow for a varied range of retail and commercial service uses, but the uses that are allowed in the
Mixed Use Pod are directly related to those uses allowed within the C-1, C-2, and C-3 zoning districts.
More specifically, any permitted use in any of the three aforementioned zoning districts would also be
permitted within the Mixed Use Pod of a PID. A cigar retailer is a permitted use in the C-3 zoning
district, and therefore, would be allowed in the Mixed Use Pod of a PID. With respect to conditional
uses however, the Mixed Use Pod provisions are more restrictive. Conditional uses in the C-1 and C-2
districts are permitted uses within the Mixed Use Pods; however, any conditional use in the C-3 district
is not allowed in the Mixed Use Pod, either permitted or conditionally. In the C-3 district, a cigar bar
(bar / night club) requires conditional use approval, and therefore, would not be allowed in the Mixed
Use Pod. The subject regulations were originally drafted through a collaborative effort of Quantum Park
developers and city staff, which final product was influenced more by the different compromises made
and ultimate consensus reached between the two parties, than by the framework of existing zoning
regulations. The recent inquiry by an interested business operator has led to the discovery of this
inconsistency. This code amendment would modify that particular restriction so that cigar bars (or any
type of bar / night club) would be allowed as a conditional use in the Mixed Use Pod, consistent with the
C-3 zoning regulations as well with the newer Suburban Mixed Use (SMU) zoning district. Both mixed
use districts have similar design and development standards, and intended development patterns.
In both districts, the conditional use process affords the City an opportunity to more closely examine
each proposed bar and nightclub establishment on a case-by-case basis to ensure compliance with
minimum code requirements as well as compatibility with the residential components of the
development.
Proposed Changes:
Part III (LDR), Chapter 3, Article IV, Section 3.C.6.b
b. Use(s) Allowed in Mixed Use Pod
. Mixed-Use Pod within the PID district shall
contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID
district: 1) Townhouse and /or multi-family residential; 2) Commercial / retail; and 3)
Business and professional offices.
(1) Townhouse and / or multi-family residential;
(2) Commercial / retail; and
(3) Business and professional offices.
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Townhouse and multi-family residential, if located on parcels fronting on an arterial
roadway, shall be integrated into a mixed-use project (vertical or horizontal), including
one (1) or more of the uses listed below. The intent of this provision is to further the
intent and purpose of both the PID district and Mixed-Use Pod regulations by requiring
developments along the streetscape that benefit motorists and pedestrians alike, through
proper orientation, visual attributes, desirable commercial, retail, and office uses and
services. Allowable uses within the Mixed Use Pod shall be limited as follows:
(1) Any permitted use in the C-1, C-2, or C-3 zoning districts is considered
permitted in the Mixed Use Pod;
(2) Any conditional use in the C-1 or C-2 zoning district shall require
conditional use approval in the Mixed Use Pod; and
(3) Bars and nightclub establishments shall require conditional use approval
in the Mixed Use Pod.
Allowed uses within the Mixed-Use Pod shall be limited to those conditional and
permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3
zoning district as indicated by the Use Matrix Table 3-28 below.
CONCLUSION / RECOMENDATION
Staff determined that modifying the above Mixed Use Pod provisions would allow bars and night clubs
into the Mixed use Pod (as conditional uses). This would increase the consistent treatment of like uses
in generally similar mixed-use zoning districts, and avail the City the opportunity to promote innovative
ways of attracting new businesses thereby strengthening its economic base, while still reserving the
authority to deny any applications that are found to be noncompliant or would otherwise fail to meet the
intent of the City’s performance standards.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-005 Cigar Bar in Mixed Use Pod\Staff Report.doc
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13. B
LEGAL
July 5, 2011
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RACC:
Lobbyist Registration Ordinance - David Katz
EQUESTED CTION BY ITY OMMISSION
ER:
Commissioner Orlove requested this item be placed on the agenda
XPLANATION OF EQUEST
for continued discussion.
H?
n/a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
n/a
ISCAL MPACT
A:
n/a
LTERNATIVES
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14. A
FUTURE AGENDA ITEMS
July 5, 2011
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RACC:
Discuss the request by Ms. Lonergan of the Meadows
EQUESTED CTION BY ITY OMMISSION
HOA to allow the HOA to assume maintenance of the City vacant park land located at the Southwest
Corner of Meadows Boulevard and Springfield Boulevard (extended) - 7/19/11
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
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July 5, 2011
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RACC:
Economic Development Plan - 7/19/11
EQUESTED CTION BY ITY OMMISSION
ER:
A the June 7, 2011 City Commission meeting, staff was directed to
XPLANATION OF EQUEST
bring back to Commission an Economic Development Plan to include a two-pronged approach
that will assist with both business retention and business recruitment throughout the city.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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FUTURE AGENDA ITEMS
July 5, 2011
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RACC:
Modification to City's lobbying registration ordinance -
EQUESTED CTION BY ITY OMMISSION
7/19/11
ER:
At the June 7, 2011 City Commission meeting, the City Attorney
XPLANATION OF EQUEST
was directed by the Commission to bring back revisions to the City’s Lobbying Registration
Ordinance.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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FUTURE AGENDA ITEMS
July 5, 2011
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RACC:
Contractual Agreement between the City of Boynton
EQUESTED CTION BY ITY OMMISSION
Beach and Sharyn Goebelt - 7/19/11
ER:
At the June 21, 2011 City Commission meeting, the Commission
XPLANATION OF EQUEST
requested that a contractual agreement be negotiated between the City of Boynton Beach and
the out-going Human Resources Director, Sharyn Goebelt to assist during the transition period
of bringing on board a new H.R. Director.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. E
FUTURE AGENDA ITEMS
July 5, 2011
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RACC:
Update by Utilities on the Seacrest Corridor Project -
EQUESTED CTION BY ITY OMMISSION
7/19/11
ER:
Utilities Department will provide a report to Commission on the
XPLANATION OF EQUEST
history of the Seacrest Corridor Project, including challenges associated with the project and
the timeline for moving forward.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. F
FUTURE AGENDA ITEMS
July 5, 2011
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RACC:
Follow-up to City/CRA workshop - 8/02/11
EQUESTED CTION BY ITY OMMISSION
ER:
As a follow-up to the May 17, 2011 Commission meeting, staff will
XPLANATION OF EQUEST
bring back to the Commission updated funding estimates for options 1a and 1b which included
relocating the Police Department to either the High Ridge Road site or East Seacrest Blvd.
Staff will also provide land values on city owned property available for sale.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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FUTURE AGENDA ITEMS
July 5, 2011
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CMD:
July 5, 2011
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RACC:
Veteran's Park on Ocean Ave - 08/16/11
EQUESTED CTION BY ITY OMMISSION
ER:
At the June 21, 2011 City Commission meeting, staff was directed
XPLANATION OF EQUEST
to collaborate with the CRA and Recreation and Parks Advisory Board to bring back to the
Commissions options for park enhancement/redevelopment for the Ocean Avenue Veteran’s
Park.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. H
FUTURE AGENDA ITEMS
July 5, 2011
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RACC:
City Manager Search - 8/16/11
EQUESTED CTION BY ITY OMMISSION
ER:
As a follow-up to the June 21, 2011 City Commission meeting, staff
XPLANATION OF EQUEST
will bring back to Commission a recommended process for a City Manager search. This will
include job description and qualifications, profile of the City and the ideal candidate, application
screening options and suggested timeline.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:
Recommendation from the “review committee” to rename
EQUESTED CTION BY ITY OMMISSION
the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD
ER:
This item was tabled at the June 21, 2011 City Commission
XPLANATION OF EQUEST
meeting. Staff recommends that this item remain tabled pending the conclusion of litigation concerning
the Rahming and Williams families.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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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
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