Agenda 12-06-11 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, DECEMBER 6, 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
Visit our Web site
www.boynton–beach.org
We’re Reinventing City Living for
The Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
2 of 534
1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
Closed-door session to be held at 6:00 p.m. on December 6, 2011 regarding
CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH,
Defendant - Case No. 502011CA014815XXXXMB(AJ).
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. Presentation of the Sand Sifters Volunteer of the Year Award -- Presenters will include
Sand Sifters founder Gary Solomon and Recreation & Parks Director, Wally Majors
B. Presentation by 4KIDS of South Florida -- Presentation will be made by Thomas
Lukasik, Executive Director of 4KIDS of South Florida, Inc
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
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.
3 of 534
PROPOSED RESOLUTION NO. R11-130
A. - Approve and authorize signing of an
Agreement for Water Service outside the City Limits with Louis Ductan and Marie Elda
Ductan for the property at 1124 Highview Rd, Lantana, FL.
PROPOSED RESOLUTION NO. R11-131
B. - Approve and authorize signing of an
Agreement for Water Service outside the City Limits with Joseph DeFeo Jr. for the
property at 806 Bamboo Lane Delray Beach FL.
PROPOSED RESOLUTION NO. R11-132
C. - Approve and authorize signing of an
Agreement for Water Service outside the City Limits with Santos H. Carballo for the
property at 1021 Peak Rd, Lantana FL.
D. Accept the City of Boynton Beach FY2010/2011 Annual Grants Report.
E. Approve the sole source purchase of two (2) LIFEPAK 15 cardiac monitor/defibrillators
from Physio-Control Inc, located in Redmond, Washington for a total expenditure of $
55,158.80.
PROPOSED RESOLUTION NO. R11-133
F. - Approve piggyback of the City of West
Palm Beach Bid No. 08/09-05 "Term Contract for Board and Secure Services" with
Anchors Emergency Board-Up Services, Inc. with the same terms, conditions and
pricing for an anticipated annual expenditure of $35,000; Approve execution of a
piggy-back Agreement by the Interim City Manager
PROPOSED RESOLUTION NO. R11-134
G. - Approve extending the Interlocal
Agreement which provides technical support from the City's Information Technology
Services Department (I.T.S.) to the Community Redevelopment Agency (CRA).
H. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Fund
Revenues & Expenditures for the first (1) month period ended October 31, 2011.
I. Accept the written report to the Commission for purchases over $10,000 for the month
of October 2011.
J. Approve the minutes from the City Commission regular meeting held on November
15, 2011
K. Approve utilizing the General Services Administration (GSA) Contract #GS-07F-
0396M pricing for contractual fire alarm system services and repairs from Simplex
Grinnell LP in the amount of $50,400.
L. Approve utilizing the US Communities Contract #MA-IS-1140130-1, Commodity Code
#285-93-00-047498 pricing for the purchase of energy efficiency lighting supplies for
system upgrades and electrical/lighting supplies for maintenance/repairs from Graybar
Electric Company for an estimated annual expenditure of $37,500. CLIMATE
ACTION PLAN IMPLEMENTATION INITIATIVE # 4.1.1.1
PROPOSED RESOLUTION NO. R11-135
M. - Approve Maintenance Agreement with the
Boynton Beach Athletic Association for certain maintenance of the Little League ball
fields located on City property commonly known as Little League Park
4 of 534
7. BIDS AND PURCHASES OVER $100,000
A. Approve a requested 1.4% increased cost for the purchase of bulk quicklime from
Chemical Lime Company. Chemical Lime Company was awarded the Palm Beach
County Co-op Bulk Quicklime Bid no. 005-2821-09/JA. which was approved by City
Commission December 16, 2008. The Utilities Department anticipated annual
expenditure for the purchase of quicklime is $225,000 which includes the increase of
1.4%
PROPOSED RESOLUTION NO. R11-136
B. - (1) Approve piggy-back of the City of
Lake Worth contract (contract # UT-WAT-09-10-775) with Aquifer Maintenance and
Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions,
specifications and pricing and (2) authorize the Interim City Manager to sign the
contract.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Recommend approval of negotiated settlement of $9,000 in Betania Santos v. City of
Boynton Beach
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission
.
A. Approve a site plan time extension for 18 months for the proposed Healing Grounds
project consisting of a holistic veterinary clinic (3,416 square feet) and ancillary human
massage and acupuncture spa services on 0.60 acre in the C-2 Neighborhood
Commercial zoning district Applicants: Bridget Keller, Agent and Nancy Keller,
Owner
B. Approval of major site plan modification to construct a 2,166 square foot addition to an
existing 1,978 square foot office building for a total of 4,144 square feet on a 0.29-acre
parcel in the CBD zoning district
C. Approve Master Plan Modification to the Quantum Park Development of Regional
Impact (DRI) Master Plan to convert the land use option on Lot 75 from OI (Office and
Industrial) to OIC (Office, Industrial and Commercial), to accommodate a 94,000
square foot flooring showroom business. Applicant: Douglas B. MacDonald, Quantum
Limited Partners.
D.Notice of Intent 2011-01. Following Public Hearing the City Commission by majority
vote shall either approve or disapprove the further processing of the proposed
regulation which is the subject of the Notice of Intent. NOI 2011-01, adopted by
Resolution R11-129 established a 180 study period regarding not-for-profit entities in
various commercial zoning districts and declared zoning in progress regarding
possible regulations following study.
5 of 534
10. CITY MANAGER’S REPORT
A. Discuss request for financial assistance from Colonial Club Condo Association - as it
relates to the 2006 Emergency Generator and/or Ice Machine (EGIM) Program-per
request of Commissioner Holzman.
11. UNFINISHED BUSINESS
PROPOSED RESOLUTION NO. R11-137
A. - Terminate existing lease with Boynton
Beach Child Care Center, Inc. and approve new lease with Palm Beach County for
operation of Head Start Program at 909 NE 3rd Street
B. Consider proposal to lease a portion of the Public Works Compound for construction
of a billboard.
12. NEW BUSINESS
A. Review Management Agreement with Schoolhouse Children's Museum and Learning
Center regarding City appointments to the Museum Board of Directors
13. LEGAL
PROPOSED ORDINANCE NO. 11-030 - SECOND READING - PUBLIC HEARING
A. -
Request to consider amendment to City Code regarding temporary banners to allow
"feather" banners
PROPOSED ORDINANCE NO. 11-031 - SECOND READING - PUBLIC HEARING
B. -
Provide for a temporary, 2-year suspension of the application or enforcement of
provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant:
City-initiated.
PROPOSED ORDINANCE NO. 11-032 - FIRST READING
C. - Amend provisions of
Chapter 2, Article VI, Section 2: City Parks and Recreation Impact Fee or Land
Dedication. Applicant: City-initiated
PROPOSED ORDINANCE NO. 11-033 - FIRST READING
D. - Amending Section 2-41
of the Code of Ordinances establishing revised redistricting boundary maps
PROPOSED ORDINANCE NO. 11-034 - FIRST READING
E. - Providing for an
amendment to the Pension Plan for the General Employees which contained a
scrivener’s error in the definition of “Actuarial Equivalence.
F. Approve (1) Closeout Change Order and Special Release (Field Change Directive No.
13) for GlobeTec Construction, LLC in connection with the Rolling Green Stormwater
and Water Main Improvement Project; and (2) Final Application for Payment in the
amount of $101, 710.55 to close out the project.
14. FUTURE AGENDA ITEMS
A. 1st Qtr update on Mae Volen Transportation Program - 1/17/12
6 of 534
B. 3rd & 4th Qtr 2011 combined Climate Action Plan update - 1/17/12
C. Brand Promise Committee Report - 2/7/12
D. Economic Development Implementation Program update - 2/7/12
E. Revisions to restrictions for vehicle size in residential districts - TBD
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD
AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS
OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S
OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER
FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON
THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
7 of 534
3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Presentation of the Sand Sifters Volunteer of the Year
EQUESTED CTION BY ITY OMMISSION
Award -- Presenters will include Sand Sifters founder Gary Solomon and Recreation & Parks Director,
Wally Majors
ER:
The Sand Sifters is a volunteer group that conducts monthly trash
XPLANATION OF EQUEST
cleanups at Oceanfront Park. They contribute over 5,000 hours of volunteer service to the City
annually. The Volunteer of the Year for 2011 is Gordon Meyer. Gordon has donated
generously of his time removing litter from our beach. Along with the many other volunteers,
Gordon helps make our beach one of the most attractive destination points in the County.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not make the presentation.
LTERNATIVES
8 of 534
3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Presentation by 4KIDS of South Florida -- Presentation will
EQUESTED CTION BY ITY OMMISSION
be made by Thomas Lukasik, Executive Director of 4KIDS of South Florida, Inc
ER:
4KIDS of South Florida provides prevention services through Safe
XPLANATION OF EQUEST
Families for Children and protection by removing children from their homes because of abuse,
abandonment or neglect and placing them in the SafePlace intake shelter operated by 4KIDS
of South Florida.
4KIDS provide food, clothing and a loving family in family-style homes with live-in
houseparents trained and licensed to create loving, caring, stable foster families. 4KIDS also
offers permanent solutions by helping facilitate adoptions, family reconciliation, teaching youth
to live independently as responsible adults, and breaking the cycle of abuse that they have
been exposed to from childhood.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to allow presentation.
LTERNATIVES
9 of 534
Paradigm:
PREVENTION - PROTECTION - PROVISION - PERMANENT SOLUTIONS
Vision:
UNTIL EVERY CHILD HAS A HOME
Mission:
PROVIDING HOPE… FOR KIDS IN CRISIS
Prevention
1)4KIDS provides services through Safe Families for Children. Safe Families is an
innovative network of host families who provide parents in a crisis situation, a loving sanctuary
where they can safely place their children in those difficult times.
Protection.
2)4KIDS provides Every child removed from their home because of abuse,
abandonment or neglect in Broward County, is brought to the SafePlace intake shelter operated
4KIDS of South Florida
by .
Provision
3)4KIDS offers : food, clothing, and a loving family. We provide family-style homes
with live-in houseparents, and we train and license loving, caring, stable foster families. These
homes are usually the first time many of these children ever experience a healthy family
environment. 4KIDS cares for over 1,300 children and youth every year. The children might be
newborn babies who are born exposed to drugs or alcohol from their mothers; little boys or girls
coming from a home where they have been abused for years; young girls in a crisis pregnancy
with no place to go; or 18 year old former foster teenagers about to go out on their own, but
unprepared. Without our help many of these children and youth would end up uneducated,
homeless, or in a life of crime.
Permanent Solutions
4) 4KIDS offers byhelping facilitate adoptions, family reconciliation,
teaching youth to live independently as responsible adults, and breaking the cycle of abuse that
they have been exposed to from childhood.
10 of 534
11 of 534
12 of 534
13 of 534
14 of 534
15 of 534
16 of 534
17 of 534
18 of 534
19 of 534
20 of 534
21 of 534
22 of 534
5. A
ADMINISTRATIVE
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER:
The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H?
Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
23 of 534
24 of 534
25 of 534
6. A
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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. R11-130 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize signing of an Agreement for Water Service outside the City Limits with Louis Ductan and Marie
Elda Ductan for the property at 1124 Highview Rd, Lantana, FL.
ER:
Water service areas have been designated between the County
XPLANATION OF EQUEST
and local utilities. This was accomplished under agreement #85-757 and revised under City
Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach County area
outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd
and Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
Attached are the following documents:
Property Information from the County Property Appraiser verifying ownership.
Application & Agreement for Water Service Outside City Limits and Covenant for
Annexation Between the City of Boynton Beach and the property owner.
H?
The City is able to provide water to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
property resulting from water main improvements constructed by Palm Beach County. The
owner agrees to be responsible for all costs to provide service to the owner’s premises. No
additional construction is required by the City to serve this property.
26 of 534
FI:
Customers outside the City limits pay an additional 25% surcharge above the
ISCAL MPACT
water rates charged to customers within the City.
A:
Deny request to provide service. If service is denied, the Consumptive Use
LTERNATIVES
Permit could be subject to modification. The Utility Department is granted water allocation
under the South Florida Water Management District Consumptive Use Permit. The current
permit has limiting restriction #19 that states “The Permittee shall notify the District within 30
days of any change in service area boundary. If the Permittee will not serve a new demand
within the service area for which the annual allocation was calculated, the annual allocation
may then be subject to modification and reduction”.
27 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND LOUIS DUCTAN AND MARIE
ELDA DUCTAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 1124 Highview Road, Florida (PCN: 00-43-45-09-09-000-1710); and
WHEREAS
, the parcel covered by this agreement includes a single family home located in the
unincorporated Palm Beach County which receives water from a well; and
WHEREAS
, a water distribution main has recently been completed on this street, allowing for
the service to this parcel. No additional construction will be required by the City to serve this property
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 hereby authorizes and directs the Interim City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Louis Ductan and
Marie Elda Ductan, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of December, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
_______________________________
Vice Mayor – William Orlove
28 of 534
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
29 of 534
30 of 534
31 of 534
32 of 534
33 of 534
34 of 534
35 of 534
36 of 534
37 of 534
38 of 534
6. B
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6,2011
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. R11-131 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize signing of an Agreement for Water Service outside the City Limits with Joseph DeFeo Jr. for
the property at 806 Bamboo Lane Delray Beach FL.
ER:
Water service areas have been designated between the County
XPLANATION OF EQUEST
and local utilities. This was accomplished under agreement #85-757 and revised under City
Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach County area
rd
outside of the City limits in our water service area south of 23/ Golf Rd between Federal
Highway and the Intracoastal
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
Attached are the following documents:
Property Information from the County Property Appraiser verifying ownership.
Application & Agreement for Water Service Outside City Limits and Covenant for
Annexation Between the City of Boynton Beach and the property owner.
H?
The City is Able to provide water to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
property resulting from water main improvements constructed by Palm Beach County. The
owner agrees to be responsible for all costs to provide service to the owner’s premises. No
additional construction is required by the City to serve this property.
39 of 534
FI:
Customers outside the City limits pay an additional 25% surcharge above the
ISCAL MPACT
water rates charged to customers within the City.
A:
Deny request to provide service. If service is denied the Consumptive Use
LTERNATIVES
Permit could be subject to modification. The Utility Department is granted water allocation
under the South Florida Water Management District Consumptive Use Permit. The current
permit has limiting restriction #19 that states “The Permittee shall notify the District within 30
days of any change in service area boundary. If the Permittee will not serve a new demand
within the service area for which the annual allocation was calculated, the annual allocation
may then be subject to modification and reduction”.
40 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND JOSEPH DEFEO JR;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 806 Bamboo Lane, Delray Beach, Florida (PCN: 00-43-46-04-00-001-
0200); and
WHEREAS
, the parcel covered by this agreement includes a single family home located in the
unincorporated Palm Beach County which receives water from a well; and
WHEREAS
, a water distribution main has recently been completed on this street, allowing for
the service to this parcel. No additional construction will be required by the City to serve this property
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 hereby authorizes and directs the Interim City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Joseph DeFeo, Jr.,
a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of December, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
41 of 534
_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
42 of 534
43 of 534
44 of 534
45 of 534
46 of 534
47 of 534
48 of 534
49 of 534
50 of 534
51 of 534
52 of 534
6. C
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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. R11-132 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize signing of an Agreement for Water Service outside the City Limits with Santos H. Carballo for
the property at 1021 Peak Rd, Lantana FL.
ER:
Water service areas have been designated between the County
XPLANATION OF EQUEST
and local utilities. This was accomplished under agreement #85-757 and revised under City
Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach County area
outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd
and Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
Attached are the following documents:
Property Information from the County Property Appraiser verifying ownership.
Application & Agreement for Water Service Outside City Limits and Covenant for
Annexation Between the City of Boynton Beach and the property owner.
H?
The City is Able to provide water to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
property resulting from water main improvements constructed by Palm Beach County. The
owner agrees to be responsible for all costs to provide service to the owner’s premises. No
additional construction is required by the City to serve this property.
53 of 534
FI:
Customers outside the City limits pay an additional 25% surcharge above the
ISCAL MPACT
water rates charged to customers within the City.
A:
Deny request to provide service. If service is denied the Consumptive Use
LTERNATIVES
Permit could be subject to modification. The Utility Department is granted water allocation
under the South Florida Water Management District Consumptive Use Permit. The current
permit has limiting restriction #19 that states “The Permittee shall notify the District within 30
days of any change in service area boundary. If the Permittee will not serve a new demand
within the service area for which the annual allocation was calculated, the annual allocation
may then be subject to modification and reduction”.
54 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND SANTOS H. CARBALLO;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 1021 Peak Road, Lantana, Florida (PCN: 00-43-45-09-09-000-2780); and
WHEREAS
, the parcel covered by this agreement includes a single family home located in the
unincorporated Palm Beach County which receives water from a well; and
WHEREAS
, a water distribution main has recently been completed on this street, allowing for
the service to this parcel. No additional construction will be required by the City to serve this property
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 hereby authorizes and directs the Interim City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida and Santos H.
Carballo, a copy of said Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of December, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
_______________________________
Vice Mayor – William Orlove
55 of 534
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
56 of 534
57 of 534
58 of 534
59 of 534
60 of 534
61 of 534
62 of 534
63 of 534
64 of 534
65 of 534
6. D
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the City of Boynton Beach FY2010/2011 Annual
EQUESTED CTION BY ITY OMMISSION
Grants Report.
ER:
The mission of the Grants Team is to enhance the achievement of
XPLANATION OF EQUEST
the City’s overall goals by providing research, planning, support, feedback and other
assistance to its departments in the development of alternative funding sources for citywide
projects. The Grants Coordinator prepares an Annual Grants Report each year, which
summarizes the City’s previous year’s grant activity.
H?
The Grants Team provides grant
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
development support services to City departments through the identification and monitoring of
federal, state, regional, and local grant opportunities. Team members and department staff
seek funding for priorities identified during the budget process. Team members and staff
specifically focus on meeting department goals, supporting the Capital Improvement Program
(CIP) and responding to citywide emergency needs. The Annual Report serves to document
citywide efforts and identify focus areas for the next fiscal year.
FI:
None.
ISCAL MPACT
A:
Not accept the report.
LTERNATIVES
66 of 534
67 of 534
68 of 534
69 of 534
70 of 534
71 of 534
72 of 534
73 of 534
74 of 534
75 of 534
76 of 534
77 of 534
78 of 534
79 of 534
80 of 534
6. E
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
12/06/2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the sole source purchase of two (2) LIFEPAK 15
EQUESTED CTION BY ITY OMMISSION
cardiac monitor/defibrillators from Physio-Control Inc, located in Redmond, Washington for a total
expenditure of $ 55,158.80.
ER:
The Boynton Beach Fire Rescue Department initiated a 7-year replacement plan of its
XPLANATION OF EQUEST
thirteen (13) Physio-Control Inc, LIFEPAK-12 cardiac monitors/defibrillators during FY 08/09. This request will allow the
department to continue with the fourth phase of the plan by purchasing two (2) additional LIFEPAK-15 cardiac
monitor/defibrillators. The LIFEPAK-15 models are the next generation of cardiac monitor/defibrillators offered by Physio-
Control Inc, (the sole source vendor) and are anticipated to replace the LIFEPAK-12 models by 2016. The LIFEPAK cardiac
monitors are the most sophisticated piece of EMS equipment the department utilizes. The LIFEPAK is used on a daily basis
and is a key component to patient survivability. The LIFEPAK allows our paramedics the ability to acquire 4-lead ECG and
12-lead ECG monitoring in the field. The LIFEPAK also features an external pacemaker and allows paramedics to perform
cardio-version, (a lowering of a dangerously fast heart rate using electricity). The monitor also functions as an Automated
External Defibrillator (AED). Other features of the LIFEPAK include SaO2 (detects oxygen in the bloodstream), blood
pressure and carbon monoxide monitoring capabilities.
H?
If approved, this purchase will allow the department the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
ability to proceed forward with the fourth phase (the sole source purchase of two units per fiscal year, initiated in FY08/09
and expected through FY 2015/16) of our cardiac monitor/defibrillators replacement plan, thus providing our paramedics and
patients with the most cutting edge cardiac monitoring technology/equipment available today.
FI:
Account # :
The fiscal impact is approximately $55,158.80. 001-2210-522-64-23, these funds are
ISCAL MPACT
budgeted in the FY11/12 Operating Budget.
A:
Not to approve the purchase of these two (2) LIFEPAK-15 cardiac monitors/defibrillators, thus not
LTERNATIVES
allowing the department to proceed forward with its current 7-year cardiac monitor/defibrillator replacement plan. Stay with
existing equipment and experience breakdowns therefore reducing response time. Purchase from another company and not
have compatible equipment to the existing equipment.
81 of 534
82 of 534
83 of 534
84 of 534
85 of 534
6. F
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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. R11-133 - Approve
EQUESTED CTION BY ITY OMMISSION
piggyback of the City of West Palm Beach Bid No. 08/09-05 "Term Contract for Board and Secure
Services" with Anchors Emergency Board-Up Services, Inc. with the same terms, conditions and pricing
for an anticipated annual expenditure of $35,000; Approve execution of a piggy-back Agreement by the
Interim City Manager
WESTPALMBEACHBIDTERM:APRIL15,2009TOAPRIL14,2012
The terms of the City of West Palm Beach Bid allow for two additional one-year renewals with
the original terms, conditions and prices. The City of West Palm Beach has complied with public
contract bid requirements that equal or exceed the City of Boynton Beach bid requirements.
ER:
The abandoned and/or vacant properties located within the City
XPLANATION OF EQUEST
limits have become a public nuisance since the properties are being accessed by animals and
unauthorized individuals. As this situation is posing a risk to public safety, we are requesting to
piggyback West Palm Beach’s bid rather than delaying correcting the public nuisance by an
additional two months to comply with the public bid process.
In the past, when individual properties required board and secure services, Code Compliance
piggybacked the Palm Beach County Term Contract No. 07313 with Anchors Emergency
Board-Up Services. Code was very pleased with Anchors Emergency Board-Up Services’
expedient response and professional work.
Currently there are several abandoned properties that must be immediately secured. This bid
will be used on an as-needed basis.
86 of 534
H?
By utilizing the City of West Palm Beach
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Bid for Board and Secure Services with Anchors Emergency Board-Up Services, Inc., the Code
Compliance Department can efficiently and effectively secure abandoned and vacant
properties to prevent vandalism, theft, and fire.
FI:
The City has designated funds in our FY 2011/2012 budget to address
ISCAL MPACT
nuisance abatement issues such as lot clearing and cutting, board-up of abandoned and
vacant houses, etc. Funds are budgeted in the Sanitation Fund for nuisance abatement issues
in FY 2011/2012. The cost of these services will be charged to account number 431-2515-
534-49-17.
A:
Issue our own Invitation to Bid for “Board-Up and Secure Services” which is
LTERNATIVES
not recommended as it would not provide timely service to address the public safety risks of
the abandoned/vacant properties.
87 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
“PIGGY-BACK” OF A CITY OF WEST PALM BEACH BID
NO. 08/09-05 “TERM CONTRACT FOR BOARD AND SECURE
SERVICES” WITH ANCHORS EMERGENCY BOARD-UP
SERVICES, INC., IN THE ESTIMATED ANNUAL
EXPENDITURE OF $35,000; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
ANCHORS EMERGENCY BOARD-UP SERVICES, INC., AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that the City of West Palm Beach has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements;
and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” a City of
West Palm Beach Bid No. 08/09-05 with Anchors Emergency Board-up Services, Inc., in the
estimated annual expenditure of $35,000.
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.
Section 2. The City Commission hereby approves the “piggy-back” of a City of West Palm
Beach Bid No. 08/09-05 with Anchors Emergency Board-Up Services, Inc., in the estimated annual
expenditure of $35,000.
Section 3. The City Commission hereby authorizes the Mayor and City Clerk to sign an
Agreement with Anchors Emergency Board-Up Services, Inc., a copy of the Agreement is attached
hereto as Exhibit “A”.
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of December, 2011.
88 of 534
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)
89 of 534
CONTRACT FOR BOARD & SECURE SERVICES
This Contract is made as of this ____ day of __________, 2011 by and between ANCHORS
rd
EMERGENCY BOARD-UP SERVICES, INC., a Florida Corporation, with offices at 16190 63 Road
North, Loxahatchee, Florida 33470 (“ANCHORS”), and THE CITY OF BOYNTON BEACH, a Florida
municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL
33435 (the “City”).
RECITALS
WHEREAS,
abandoned and/or vacant properties located within the City limits have become a
public nuisance since the properties are being accessed by animals and unauthorized individuals; and
WHEREAS,
ANCHORS, submitted a letter dated November 23, 2011 authorizing the City to
piggyback the City of West Palm Beach contract for Board and Secure services; and
NOW THEREFORE
, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and ANCHORS agree that ANCHORS shall provide Board and Secure
Services in the estimated annual amount of $35,000.00 for Board and Secure services based on the West
Palm Beach Bid #08/09-05 “Term Contract for Board and Secure Services”, a copy of which is attached
hereto as Exhibit “A”, except as hereinafter provided:
A. All references to West Palm Beach, Florida shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The letter from ANCHORS dated November 23, 2011, is attached hereto Exhibit “B”.
90 of 534
Section 3. In the event that the West Palm Beach, Florida Contract is amended, or
terminated, ANCHORS shall notify the City within ten (10) days. In the event the West Palm Beach,
Florida Contract is amended or terminated prior to its expiration, this Contract shall remain in full force
and effect, and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 4. ANCHORS agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the West Palm Beach, Florida
Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by
their terms.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH,FLORIDA
ATTEST:
By:_________________________________
___________________________________ Jose Rodriguez, Mayor
Janet M. Prainito, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
James A. Cherof, City Attorney
91 of 534
ANCHORS EMERGENCY BOARD-UP
SERVICES, INC.
WITNESSES:
____________________________________ BY:_________________________________
Print Name:
____________________________________ Title: _________________________
ATTEST:
____________________________________
SECRETARY
92 of 534
EXHIBIT A
AGREEMENT BETWEEN WEST PALM BEACH AND
ANCHORS EMERGENCY BOARD-UP SERVICES, INC.
93 of 534
EXHIBIT B
PROPOSAL FROM ANCHORS EMERGENCY BOARD-UP SERVICES, INC.
DATED NOVEMBER 23, 2011
94 of 534
95 of 534
96 of 534
97 of 534
98 of 534
99 of 534
100 of 534
101 of 534
102 of 534
103 of 534
104 of 534
105 of 534
106 of 534
107 of 534
108 of 534
109 of 534
110 of 534
111 of 534
112 of 534
113 of 534
114 of 534
115 of 534
116 of 534
117 of 534
118 of 534
119 of 534
120 of 534
121 of 534
122 of 534
123 of 534
124 of 534
125 of 534
126 of 534
127 of 534
128 of 534
129 of 534
130 of 534
131 of 534
132 of 534
133 of 534
134 of 534
135 of 534
136 of 534
137 of 534
138 of 534
139 of 534
140 of 534
141 of 534
142 of 534
143 of 534
144 of 534
145 of 534
6. G
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
12/06/2011
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. R11-134 - Approve
EQUESTED CTION BY ITY OMMISSION
extending the Interlocal Agreement which provides technical support from the City's Information
Technology Services Department (I.T.S.) to the Community Redevelopment Agency (CRA).
ER:
XPLANATION OF EQUEST
The City’s I.T.S. Department has been providing technical support for CRA computers and
communication equipment during the past six years under an Interlocal Agreement.
The agreement stipulated pricing for an initial term from February 1, 2006 until January 31,
2009 and included renewal options for two additional three-year terms. Pricing for all nine
years was defined in the agreement. The contract fees are for I.T.S. staff time; replacement
equipment and supplies are not covered and would be the CRA’s responsibility. The City
Commission approved the initial extension of the Interlocal Agreement on March 3, 2009 via
Resolution 09-042. The CRA approved the initial extension of the Interlocal Agreement on
March 10, 2009.
The CRA desires to extend the Interlocal Agreement for a second three-year term from
February 1, 2012 through January 31, 2015. As described in the Interlocal Agreement, CRA
payments to the City of Boynton Beach for technical support during the next three-year term
will be:
Term Dates Annual Amount
2/1/12 – 1/31/13 $21,493
2/1/13 – 1/31/14 $22,137
2/1/14 – 1/31/15 $22,802
146 of 534
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The City will be able to share labor costs among both City Departments and the CRA for
activities such as data backup, virus scanning, Help Desk support, etc.
The CRA will benefit from lower support costs by utilizing existing City I.T.S. personnel
instead of contracting with commercial vendors.
Both the City and the CRA will benefit from economies of scale in purchasing computer
hardware and software, data and voice communications, yearly maintenance, and other
shared products and support.
Both the City and CRA will be able to more effectively share information (e.g., via GIS)
and coordinate activities (e.g., via Email and calendaring).
FI:
ISCAL MPACT
The CRA will make quarterly payments to the City of Boynton Beach as follows:
Term Dates Quarterly Amount
2/1/12 – 1/31/13 $5373.25
2/1/13 – 1/31/14 $5534.25
2/1/14 – 1/31/15 $5700.50
A:
LTERNATIVES
Do not approve the final three-year term and the CRA will have to contract with commercial
vendors.
147 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING THE SECOND EXTENSION OF
THE INTERLOCAL AGREEMENT FOR TECHNICAL SERVICES
BETWEEN THE CITY OF BOYNTON BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY FOR AN
ADDITIONAL THREE (3) YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS
, the City of Boynton Beach and the Community Redevelopment Agency (CRA)
entered into an Interlocal Agreement for Technical Support on February 28, 2006 for an initial term
from February 1, 2006 through January 31, 2009; and
WHEREAS,
pursuant to the paragraph 3 of the Agreement entitled “Term”, the CRA was
granted the right to renew the Agreement for two (2) additional three (3) year terms; and
WHEREAS,
the City Commission approved the initial extension of the Interlocal Agreement on
March 3, 2009, via Resolution 09-042 covering the period of February 1, 2009 through January 31,
2012; and
WHEREAS,
the CRA desires to extend the Interlocal Agreement for a second term of three (3)
years from February 1, 2012 through January 31, 2015.
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 approves the second extension of the February 28, 2006
Interlocal Agreement for technical support for a three (3) year term from February 1, 2012 through
January 31, 2015. CRA payments to the City of Boynton Beach for technical support during the three
(3) year term shall be as follows:
Year 7 2/1/12 – 1/31/13 $21,493
Year 8 2/1/13 – 1/31/14 $22,137
Year 9 2/1/14 – 1/31/15 $22, 802
148 of 534
Section 3. A copy of this Resolution shall be affixed to the original Agreement on file with
the City Clerk and shall serve as a second addendum to the original agreement.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of December, 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)
149 of 534
6. H
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2011 -12 Budget Status Report of the
EQUESTED CTION BY ITY OMMISSION
General Fund & Utility Fund Revenues & Expenditures for the first (1) month period ended October 31,
2011.
Explanation of Request
:This report summarizes the estimated funding sources and the
adopted expenditure budgets for the General Fund and Utility Fund for the first (1) month
period ended October 31, 2011 (8% of the fiscal year). The analysis compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what provides and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility Fund
ISCAL MPACT
follow.
GENERAL FUND
FY 2011-12FY 2010-11
FY 2012 vs. 2011
Annual Actual to DateAnnual Actual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 65,142$ 4,4457%$ 68,551$ 5,087 7%-5%-13%
Expenditures$ (65,142)$ (13,514)21%$ (68,551)$ (7,327) 11%-5%84%
Excess (Deficit)$ -$ (9,069)$ -$ (2,240)
150 of 534
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes and other
revenues only provide funding sources of $42.8 M or 66% of our total $65.1 M General Fund
budget estimate for FY 2012. Transfers from other funds (non-revenues) provide $22.3 M or a
large 34% of the total funding sources to balance our $65.1 M General Fund budgeted
expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 22.5 M – Property taxes less Tax Increment Financing to the CRA
2. 31% - $ 20.3 M – All other revenues
3._34% - $ 22.3 M – Transfers from other funds
100% - $ 65.1 M – Total funding sources
The property tax rate for FY 2012 was increased from 6.7626 mills to 7.1941 mills; the property
taxes levied of $22.5 M in FY 2012 represent a 6.4% increase in property tax revenue or an
increase of $0.3 M from FY 2011. To balance the budget in FY 2011, it required transfers from
other funds of $22.3 M representing 34% of all funding sources.
Actual Funding Sources Realized:
For the first month in FY 2012, revenues and transfers
realized are $ 4.4 M or 7% of the budget estimate compared to the same 7% realized to date
in FY 2011.
Property Taxes: As of October 31, as noted on Exhibit A, no property taxes have been
received by the City as they are being held by the County Tax Collector. They will be
forwarded to us beginning in November of FY 2011-12.
Other Revenues: The three major revenue sources other than property taxes are Franchise
Fees (realized $0.4 M or 10% actually collected), State shared revenues (on target $0.5 M or
8% collected), and Public Safety revenues (at this point $97 K or 2% collected).
Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted transfers
from other funds each month. This will result in 100% realization of this funding source for the
year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, total budget appropriations decreased approximately 5%
from $68.5 M to $65.1 M. The decrease impacted all departments with the larger decreases
coming from Police, Parks Maintenance, and Building departments.
Actual Expenditures –
General Fund expenditures for the first month period ending October
31 (8% of the fiscal year) are $13.5 M that is 21% of the $65.1 M expenditure appropriation for
FY 2012 as noted on the table at the top of Exhibit B. This compares to $7.3 M in FY 2011
where spending levels were 11% of the total annual expenditure appropriation for this same
period. This is due to making the total annual payment for pension obligation at the beginning
of the year in October as opposed to FY 2011 where we made bi-weekly payments. This
change saved the City approximately $500,000.
UTILITY FUND
The FY 2012 annual expenditure budget of $32.3 M represents a $0.2 M increase from the FY
2011 budget of $31.9 M. The operational forecast may yield an estimated $6.8 M fund balance
151 of 534
increase for capital expansion.
For the first month in FY 2012,
Revenues realized are $2.5 M (8%) of the annual budget estimate.
Expenditures incurred are $3.1 M (10%) of the annual appropriated budget.
This results in an excess of expenditures over revenues of $0.6 M.
FY 2011-12FY 2010-11FY 2012 vs. 2011
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 32,217$ 2,5228%$ 31,967$ 2,723 9%1%-7%
Expenditures$ (32,217)$ (3,155)10%$ (31,967)$ (2,360)7%1%34%
Excess (Deficit)$ -$ (633)$ -$ 363
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) -
The $2.5 M in FY 2012 actual revenues realized are on target with the
$2.7 M to date in FY 2011, because of two factors:
Water Sales - $1.4 M equivalent to 8% of the annual estimate, compared to $1.4 M
(8%) at this point in FY2011.
In FY 2012, $6.8 M is being recognized as an added increase to fund balance,
compared to an added increase of $4.3 M in FY 2011.
These factors should provide for adequate bond debt service coverage.
Expenditures (Exhibit D)
– Utility Fund FY 2012 expenditures to date are $3.1 M or 10% of
the annual appropriation compared to expenditures of $2.3 M or 7% for the prior fiscal year.
This compares to $2.3 M in FY 2011 where spending levels were 7% of the total annual
expenditure appropriation for this same period. Similar to the General Fund, this is due to
making the total annual payment for pension obligation at the beginning of the year in October
as opposed to FY 2011 where we made bi-weekly payments. This change saved the City
approximately $500,000 in total for all funds.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
152 of 534
153 of 534
154 of 534
155 of 534
156 of 534
6. I
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of October 2011.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for July 2011:
Purchase Order Vendor Amount
120384 Sport Surfaces $ 12,400.00
120409 CH2M Hill Eng $ 17,850.00
H?
Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
157 of 534
A:
None
LTERNATIVES
158 of 534
159 of 534
160 of 534
161 of 534
162 of 534
163 of 534
164 of 534
165 of 534
166 of 534
167 of 534
168 of 534
169 of 534
170 of 534
171 of 534
172 of 534
173 of 534
174 of 534
175 of 534
176 of 534
177 of 534
178 of 534
179 of 534
180 of 534
181 of 534
182 of 534
183 of 534
184 of 534
185 of 534
186 of 534
6. J
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on November 15, 2011
The City Commission met on November 15, 2011 and minutes were prepared from the notes
taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings
be prepared, approved and maintained in the records of the City of Boynton Beach.
H?
A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
187 of 534
188 of 534
189 of 534
190 of 534
191 of 534
192 of 534
193 of 534
194 of 534
195 of 534
196 of 534
197 of 534
198 of 534
199 of 534
200 of 534
201 of 534
202 of 534
203 of 534
204 of 534
205 of 534
206 of 534
6. K
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
th
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve utilizing the General Services Administration
EQUESTED CTION BY ITY OMMISSION
(GSA) Contract #GS-07F-0396M pricing for contractual fire alarm system services and repairs from
Simplex Grinnell LP in the amount of $50,400.
EFFECTIVEDATE:J30,2012J26,2013
UNE THRU UNE
The GSA contract procurement procedures meet or exceed the City of Boynton Beach competitive bid
requirements.
ER:
XPLANATION OF EQUEST
The Facilities Management Division is responsible for fire alarm monitoring, inspections,
maintenance, and repairs of all of the City’s fire alarm and fire sprinkler systems. This work is
done contractually by an authorized contractor for fire and life/safety systems. The purpose of
this request is to continue to provide fire alarm monitoring, annual inspections and any
necessary repairs "for all the City's facilities".
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Fire Code requires that the fire alarm and fire sprinkler systems in all City facilities are annually
inspected and that all deficiencies are corrected.
FI:
Funding is budgeted in Other Contractual Services in Facilities Management
ISCAL MPACT
Account #001-2511-519-49.17 , Utilities Accounts #401-2821-536-49.17 and #401-2811-536-
49.17, and Schoolhouse Museum’s Equipment Repair Account #001-2612-571-46.20.
A:
None
LTERNATIVES
207 of 534
208 of 534
209 of 534
210 of 534
211 of 534
212 of 534
213 of 534
214 of 534
215 of 534
216 of 534
217 of 534
218 of 534
219 of 534
220 of 534
221 of 534
222 of 534
223 of 534
224 of 534
225 of 534
226 of 534
227 of 534
228 of 534
229 of 534
230 of 534
231 of 534
232 of 534
233 of 534
234 of 534
6. L
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve utilizing the US Communities Contract #MA-IS-
EQUESTED CTION BY ITY OMMISSION
1140130-1, Commodity Code #285-93-00-047498 pricing for the purchase of energy efficiency lighting
supplies for system upgrades and electrical/lighting supplies for maintenance/repairs from Graybar
Electric Company for an estimated annual expenditure of $37,500. CLIMATE ACTION PLAN
IMPLEMENTATION INITIATIVE # 4.1.1.1
ED10/15/1001/31/13
FFECTIVE ATE THRU
The US Communities Contract procedure meets or exceeds the City of Boynton Beach competitive bid
process.
ER:
XPLANATION OF EQUEST
In October, 2010 the Facilities Management Division started retro-fitting T12 fluorescent lights
and fixtures due to changes in the lighting industry limiting bulbs and fixtures containing
mercury. The division is replacing the T12 lights and fixtures throughout City facilities to the
energy saving lamps and fixtures while providing all necessary electrical/lighting
maintenance/repairs that normally occur in occupied buildings.
Utilizing the Palm Beach County School Board's Electrical Supply bid, we choose the vendor
that was not only local, but one that had a comprehensive supply of lighting and electrical
supplies. We then investigated further to find that we could take advantage of the US
Communities Pricing which is even more cost effective.
H?
.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The lighting upgrades will save on electric costs not only based on the reduced amount of
electric the fixtures will draw, but because of the reduced amount of heat the new lights
235 of 534
produce. This also allows the City to move closer to our sustainability goals regarding energy
savings.
Electrical/lighting maintenance/repairs are necessary for lights, electrical outlets, etc.
necessary to support all City buildings and parks.
FI:
Funding is budgeted in C.I.P. Account #302-4101-580-62.01/CP0812 -
ISCAL MPACT
Municipal Building Energy/Environmental Initiatives and in the Facilities Management Building
Materials Account #001-2511-519-52.24.
A:
For the City to issue their own bid to procure energy efficient lighting supplies
LTERNATIVES
and electrical/lighting supplies for maintenance and repairs.
236 of 534
237 of 534
238 of 534
239 of 534
240 of 534
241 of 534
242 of 534
243 of 534
244 of 534
6. M
CONSENT AGENDA
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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. R11-135 - Approve
EQUESTED CTION BY ITY OMMISSION
Maintenance Agreement with the Boynton Beach Athletic Association for certain maintenance of the
Little League ball fields located on City property commonly known as Little League Park
ER:
During its FY 2011/12 Budget deliberation, the City Commission
XPLANATION OF EQUEST
reinstated partial funding of Little League operations in the amount of $20,000 per year. This
funding is in the form of a grant to the Boynton Beach Athletic Association (BBAA), a not-for-
profit organization specifically created to receive funding from the City of Boynton Beach.
In September 2008, the City Commission approved funding to the BBAA in the following
amounts:
2008: $30,000
2009: $20,000
2010: $10,000
The Commission did not approve funding for calendar years 2011 and beyond. The hope was
that the BBAA would be able to maintain the fields and be fully self sufficient. During this
year’s budget process, the Commission received a continued request for funding from the
BBAA. As such the Commission authorized $20,000 for FY 2011/12. The Commission also
specifically requested that the funding be stipulated upon receiving certain documents from the
BBAA that document the use of these public funds. Direct funding of BBAA operations is
preferable to the option of using/hiring City staff for the field maintenance.
In order to allocate this funding, staff has drafted a new three-year agreement between the City
and the BBAA. The agreement specifically allows for quarterly payments to the BBAA with the
245 of 534
requirement that expense documentation be provided along with an invoice. Furthermore, the
agreement, although written for a three-year term, is subject to budget allocation in future
years as may be determined by the City Commission.
H?
This action will relieve the City from any
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
responsibility to maintain the ball fields.
FI:
$20,000 - budgeted
ISCAL MPACT
A:
The City could hire additional staff and maintain the fields.
LTERNATIVES
246 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF BOYNTON
BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND BOYNTON BEACH
ATHLETIC ASSOCIATION, INC. (BBAA), TO ALLOW BBAA TO
MANAGE THE BALL FIELDS AND RELATED AMENITIES AT
LITTLE LEAGUE PARK; AUTHORIZING THE INTERIM CITY
MANAGER AND CITY CLERK TO EXECUTE SAID
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City is the owner of the real property known as Little League Park; and
WHEREAS
, Little League Park includes four lighted and fenced ball fields with score boards
and bleachers, pitching wall, three batting cages, storage shed, picnic pavilion with table and benches,
concession stand, restroom with storage area, clay and sand storage bins, Casey walkway and a parking
area; and
WHEREAS,
in order to allocate funding, a three year Agreement was created to allow for
quarterly payments to the BBAA with the requirement that expense documentation be provided along
with back-up invoice information; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it in the best interest,
health, safety and welfare of the citizens and residents of Boynton Beach to enter into the Agreement
with Boynton Beach Athletic Association, Inc., for the maintenance of the Little League ball fields.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated herein
by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and
authorizes the Interim City Manager and City Clerk to execute the Agreement between the City of
Boynton Beach and Boynton Beach Athletic Association, to allow BBAA to manage the ball fields and
related amenities at Little League Park, a copy of said Agreement is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
247 of 534
PASSED AND ADOPTED
this _____ day of December, 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)
248 of 534
AGREEMENT
THIS AGREEMENT
, made and entered into this _____ day of __________, 20___, by and
between the:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, organized and existing under the laws of the
State of Florida, hereinafter referred to as “CITY,”
and
BOYNTON BEACH ATHLETIC ASSOCIATION, INC., a
Florida not-for-profit corporation, hereinafter referred to as
“BBAA.”
WITNESSETH:
WHEREAS
, City is the owner of the real property known as Little League Park, hereinafter
referred to as “PARK”, situated in Palm Beach County in the City of Boynton Beach, and bounded on
rdth
two sides by S.W. 3 Street and S.W. 15 Avenue, respectively; and
WHEREAS,
Little League Park includes four lighted and fenced ballfields with score boards
and bleachers, pitching wall, three batting cages, storage shed, picnic pavilion with tables and benches,
concession stand building, restroom with storage area attached, clay and sand storage bins, Casey
walkway and a parking area; and
WHEREAS,
both parties desire that said PARK be utilized to the greatest capacity for
community use.
NOW,THEREFORE,
in consideration of the covenants herein contained and other good and
valuable considerations, the parties agree as follows:
Recitals.
1.0 The foregoing recitals are true and correct and are hereby incorporated into this
Agreement.
Use of Little League Park.
2.0
2.1BBAA will have full control of the Park and amenities from January 1 through
December 31 of each year this Agreement remains in force.
2.2BBAA will have sole authority to approve and schedule use of the PARK by other
groups not related to Little League providing said groups meet CITY permitting
and insurance.
Maintenance.
3.0
BBAA Shall:
249 of 534
3.1BBAA shall maintain the four ballfields from the fencing in. BBAA will also
maintain the common areas surrounding the batting cages within the fenced area
where the cages are situated. BBAA will maintain the common areas between
fields 2 and 3 along the asphalt walkway to the end of the fencing on field 2
outfield, the Casey Walkway from the beginning of the asphalt walkway to the
entrance of the batting cages, the area along the walkway between fields 1 and 4
from the beginning of the left field fence to the end of the backstop on field 4.
3.2 BBAA will maintain the batting cage structure and storage shed.
3.3. BBAA will maintain the garden areas behind the backstops on field 1 & 4.
3.4 Maintenance shall include the mowing, weeding, fertilizing, watering, clay and
general repair of the fields.
3.5BBAA will maintain trash removal from the containers and cleaning and
maintaining the restrooms.
3.6 BBAA will maintain the concession stand on a day to day basis however
the CITY will be responsible for major structural repairs.
3.7 BBAA will have exclusive use of the storage area attached to the
restrooms.
3.8 BBAA will be responsible for placement and maintenance of tables and benches
in pavilion area only.
3.9BBAA will be responsible for bulb replacement on all fields.
3.10BBAA will be responsible for all energy charges for ballfield lighting and the
concession stand any other electric charges incidental to BBAA operations.
3.11BBAA shall maintain the Memorial Wall located at the rear of field 2.
3.12BBAA will be responsible for utility bills associated with potable water, and
wastewater for the concession stand, Utility Account Number 225489-46164.
CITY shall:
3.11 CITY will train the appropriate BBAA personnel, as designated by the
BBAA President, in the use and operation of the irrigation system.
3.12 CITY will continue to maintain all other areas of the PARK.
3.13 CITY will be accessible to answer questions and assist with maintenance
issues beyond the control of BBAA during normal CITY working hours.
3.14 CITY will provide access to all electrical boxes, rooms and other areas
250 of 534
necessary to properly monitor electrical needs or issues.
3.15 CITY will ensure that the parking areas are properly lighted during the term of this
agreement.
3.16 CITY will train the appropriate BBAA personnel, as designated by the BBAA
President, in the use and operation of the security system and cameras.
3.17 CITY will be responsible for utility bills associated with potable water, and
wastewater for the public restrooms, Utility Account Number 225489-22700.
3.18CITY will provide and pay for all costs associated with collection and disposal of
solid waste.
3.19CITY will be responsible for utility bills associated with reclaimed water, Utility
Account Number 138157-102706, that serves both the ball fields and cemetery.
Insurance
4.
BBAA will provide the proper insurance approved by the CITY for all approved
baseball activities played at the Park. The policy shall include comprehensive
general liability insurance with minimum limits of $1,000,000 per occurrence, combined
single limit for bodily injury liability and property damage liability, including premises
and operations.
The policy shall be endorsed to contain the following provisions:
4.2.1. The City of Boynton Beach shall be named as an additional insured. The
coverage shall contain no limitations on the scope of protection afforded
the CITY, its officers, officials, employees or volunteers.
4.2.2 A current valid insurance policy meeting the requirements
herein identified shall be maintained during the duration of this
Agreement, and shall be endorsed to state that coverage shall not be
suspended, voided or cancelled by either party, reduced in coverage in
limits except after thirty (30) days prior written notice by either certified
mail, return receipt requested, has been given to the CITY.
4.2.3 BBAA shall inform its insurer to furnish directly to the City of Boynton
Beach certificates of insurance with original endorsements affecting
coverage required within. BBAA shall provide binders indicating
placement of coverage to CITY prior to the effective date of this
Agreement.
4.2.4 CITY will continue to maintain all necessary insurance coverage to protect
its interest as determined by the CITY’S Risk Manager.
BBAA will provide all necessary insurance coverage, as determined by
the City’s Risk Manager, to protect the buildings and structures under the
control of the BBAA as described in this Agreement.
251 of 534
Consideration.
5.0 CITY shall pay to BBAA the following maintenance fees over the term of the
Agreement:
Year One - $20,000
Year Two - $20,000
Year Three - $20,000
Payments in the amount of $5,000 shall be paid as soon as practicable upon receipt of an invoice
by the CITY from the BBAA according to the following schedule:
First Payment: Upon ratification of this agreement by both parties.
Second Payment: January 1, 2012
Third Payment: April 1, 2012
Fourth Payment July 1, 2012
BBAA shall provide documentation of its expenses during the quarter prior for which an invoice
is submitted.
Term
6.0 . This Agreement shall be for a period of three (3) years commencing on October 1, 2011.
The parties may agree to renew the Agreement for three (3) additional three (3) year terms
through the execution of a written Amendment to the Agreement signed by both parties.
Termination.
7.0Each party may cancel this agreement for convenience or cause by providing
written notice of at least one hundred twenty (30) days to the other party. Should this Agreement
be terminated for cause, the reason(s) for the termination shall be included in the notice and can
specifically include deletion of budget appropriations in future CITY budgets by the City
Commission. Any termination for convenience shall be without liability to the terminating party.
Conduct.
8.0BBAA agrees to conduct its activities upon the premises so as not to endanger any
person lawfully thereon and to the extent provided by law, to indemnify and hold harmless the
CITY, its officers, officials, agents, and employees from and against any and all claims, suits,
actions, damages, liabilities, expenditures or causes of action of any kind arising out of or
occurring during the activity of BBAA and those resulting or occurring from any negligent act,
omission or error of BBAA, its officers, directors, agents, employees, guests, or members
resulting in or relating to injuries to body, life, limb, or property sustained in, about, or upon the
premises or improvements thereto, or arising from the use of said premises.
Compliance with laws.
9.0 BBAA agrees to comply with all laws of the United States, the State of
Florida, and all local laws, including but not limited to the ordinances and regulations of the City
of Boynton Beach, and all rules and requirements of the City Police and Fire Departments, and
will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done,
anything on said premises during this Agreement in violation of any such laws, ordinances, rules,
or requirements, and if the attention of the Licensee is called to any violation on the part of
BBAA, or any person employed by or admitted to the said premises by Licensee, such BBAA
will immediately desist from and correct the violation.
Removal of Persons.
10.0 City reserves the right, through its representatives, agents and police to
eject any objectionable person or persons from said facility, and upon the exercise of this
authority, BBAA hereby waives any right and all claims for damages against the City.
252 of 534
Evacuation of Premises.
11.0 City reserves the right to evacuate the premises or facilities during any
activity in progress where it deemed necessary for the safety of the general public, patrons, or
guests.
Assignment Prohibited.
12.0 BBAA shall not assign this Agreement, or sublet the demised premises
or any part thereof without the prior written consent of the CITY endorsed hereon.
Notice.
13.0 Any notice or demand, which under the terms of this Agreement, or by any statute or
ordinance given or made by a party hereto shall be in writing and shall be given by certified or
registered mail, return receipt requested, sent to the other at the address set forth below, or to
such other address as such party may, from time to time, designate by notice:
Notice to CITY shall be addressed to:
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425-0310
Notice to BBAA shall be addressed to:
Boynton Beach Athletic Association, Inc
P.O. Box 284
Boynton Beach, Florida 33425-0284
Agreement Binding; Amendment.
14.0 All terms and conditions of this written Agreement shall be
binding upon the parties, their heirs or representatives, and assigns, and cannot be varied or
waived by any oral representations or promise of any agent or other person of the parties hereto,
unless the same be in writing and mutually signed by the duly authorized agent or agents
executing this Agreement.
Authority.
15.0 Each person signing this Agreement on behalf of either party individually warrants
that he or she has full legal power to execute this Agreement on behalf of the party for whom he
or she is signing, and to bind and obligate such party with respect to all provisions contained in
this Agreement.
Termination of Prior Agreement.
16.0This Agreement has the immediate effect of terminating any
existing agreements between the CITY, BBAA, and Boynton Beach Little League, Inc.,
pertaining to the use of the PARK, including that agreement between the parties dated June 28,
2005. Any indemnification obligations in any previous agreements between the parties shall
survive this termination.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the day and
year first written above.
WITNESSES: CITY OF BOYNTON BEACH
___________________________ By____________________________
253 of 534
Lori LaVerriere, Interim City Manager
___________________________
(CORPORATE SEAL) ATTESTED:
______________________________
City Clerk
Approved as to form:
______________________________
City Attorney
WITNESSES: BOYNTON BEACH ATHLETIC ASSOCIATION, INC.
___________________________ By___________________________________
President
___________________________ By____________________________________
Secretary
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ______ day of ________, 20___ by
_________________ and __________________, as President and Secretary, respectively, of Boynton
Beach Athletic Association, Inc., a Florida corporation, on behalf of the corporation. They are
personally known to me or have produced ____________________ as identification and did not (did)
take an oath.
(SEAL) __________________________________
Notary Public, State of Florida Signature of
254 of 534
Notary taking Acknowledgment
My Commission Expires:
255 of 534
7. A
BIDS AND PURCHASES OVER $100,000
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a requested 1.4% increased cost for the
EQUESTED CTION BY ITY OMMISSION
purchase of bulk quicklime from Chemical Lime Company. Chemical Lime Company was awarded the
Palm Beach County Co-op Bulk Quicklime Bid no. 005-2821-09/JA. which was approved by City
Commission December 16, 2008. The Utilities Department anticipated annual expenditure for the
purchase of quicklime is $225,000 which includes the increase of 1.4%
BID EXTENSION PERIOD: December 16, 2011 through December 15, 2012.
ER:
Chemical Lime Company production facilities are located near
XPLANATION OF EQUEST
Birmingham, Alabama and must be shipped by rail and then transported to the facilities by
truck. Due to increased costs in rail, transfer and storage, and truck freight, Chemical Lime
has requested an increase of $3.37 per ton, or 1.4%. The attached letter from the Florida
Sales Manager for Chemical Lime gives justification for the requested increase. This bid is a
Co-op bid with four other participating cities. All four cities have agreed to the increase.
This Co-op bid was a one-year bid with three (3) one-year extensions:
Original Bid Term: December 16, 2008 to December 15, 2009
st
1 Year Extension: December 16, 2009 to December 15, 2010
nd
2 Year Extension: December 16, 2010 to December 15, 2011
rd
3 Year Extension: December 16, 2011 to December 15, 2012
256 of 534
Quicklime is used at the East Water Treatment Plant to adjust the pH of the raw water in
preparing for further treatment, and to remove water hardness that creates scaling in the
pipelines.
H?
The absence of quicklime may result in
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the scaling of pipelines and increased water hardness. The purpose of extending this bid is to
continue to provide the best quality quicklime at the most economical price delivered to the
cities that participate in the PBC Co-operative bid.
FI:
Funds have been budgeted in account 401-2811-536-52-35. Previous fiscal
ISCAL MPACT
year expenditures are:
FY 2009/2010 $272,438.00
FY 2010/2011 $220,647.00
A:
The City of Boynton Beach could explore the use of other coagulants or
LTERNATIVES
antiscalants which may lead to higher water treatment costs or possible water quality
infractions.
257 of 534
258 of 534
259 of 534
260 of 534
261 of 534
262 of 534
263 of 534
264 of 534
265 of 534
266 of 534
267 of 534
7. B
BIDS AND PURCHASES OVER $100,000
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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. R11-136 - (1) Approve
EQUESTED CTION BY ITY OMMISSION
piggy-back of the City of Lake Worth contract (contract # UT-WAT-09-10-775) with Aquifer Maintenance
and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing
and (2) authorize the Interim City Manager to sign the contract.
ER:
The bid term is from September 2, 2011 to September 2, 2012, the first of
XPLANATION OF EQUEST
two one-year mutual options to renew. This contract will be utilized for well rehabilitation services at an
estimated annual expenditure of $307,500. The City of Lake Worth complied with Public Contract Bid
requirements equal to or exceeding the City of Boynton Beach's Requirements.The City of Boynton
Beach currently piggybacks the contract between the City of Lake Worth and AMPS which
expired on September 2, 2011. This contract was awarded to AMPS following a competitive
bid process and the City of Lake Worth has since exercised the first of two one-year mutual
options to renew.
H?
The City of Boynton Beach has
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
piggybacked contracts with AMPS in the past and AMPS has performed its services
satisfactorily. The services offered under this contract meet the wellfield maintenance and
rehab requirements of the City.
The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and Recovery
(ASR) wells. Production wells are used to recover raw water from underground whereas ASR
wells are used to inject treated water underground during the rainy season and then reclaim
that water during the dry season or as needed. Well yield is affected by the age and physical
condition of the wells as well as the underground environment. A decrease in well yield results
in a decrease in raw water supply which, in turn, leads to less water being available for home
268 of 534
and industrial use. To increase well yield the wells may be rehabbed, a process that involves a
combination of two or more of the following:
(i) removal and reinstallation of the pump, motor and well head
(ii) air lifting sand and other sediments from the well
(iii) chemical cleaning of the well by adding acid to kill bio-mass and other organisms
that may clog screens or porous rock structures underground
(iv) rebuilding or replacing of pumps and motors, if needed
On average, about 10 wells are rehabbed each year and the same will hold true for the coming
year. The Utilities Department began utilizing AMPS, Inc. in January 2004 by piggybacking its
contract with the City of Palm Bay resulting in successful rehabilitation of wells throughout the
City of Boynton Beach at a significantly reduced cost. Thus, good production has continued at
efficient pumpage rates for home and industrial consumers.
FI:
CIP Renewal and Replacement Account number: 403-5000-590-96-02
ISCAL MPACT
(WTR075), Wellfield Rehabilitation - $300,000 and Operating Budget Account Number 401-
2811-536-46-50, Wells Repair and Maintenance - $7,500.
Prior to 2004, fiscal year expenditure for well rehabilitation was approximately $500,000.
Utilizing AMPS, historical fiscal year expenditure has since been:
FY 05/06 - $265,000
FY 06/07 - $117,115
FY 07/08 - $206,809
FY 08/09 - $657,916
FY 09/10 - $227,759
FY 10/11 - $180,220
Cost increases in FY 08/09 and FY 09/10 are related to the successful completion and
commissioning of the new well 12E and the wellfield flowmeter replacement project.
A:
The City of Boynton Beach could issue its own bid for the provision of these
LTERNATIVES
services from other potential wellfield rehab providers.
269 of 534
RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE ONE
YEAR RENEWAL OF A “PIGGY-BACK” OF A CITY OF
LAKE WORTH CONTRACT#UT-WAT-09-10-775 WITH
AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS,
INC., OF WEST PALM BEACH, FLORIDA, FOR WELL
REHABILITATION SERVICES; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
FOR AN ESTIMATED ANNUAL EXPENDITURE OF $307,500;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that the City of Lake Worth has complied with Public
Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and
WHEREAS,
upon recommendation of staff, it is the City’s desire to renew the “piggy-back”
a City of Lake Worth Contract #UT-WAT-09-10-775 and authorizes the Mayor and City Clerk to
sign a Contract with Aquifer Maintenance and Performance Systems, Inc., of West Palm Beach,
Florida for well rehabilitation for an estimated annual expenditure of $307,500.
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.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
one year renewal of a “piggy-back” of a City of Lake Worth Contract #UT-WAT-09-10-775 and
authorizes the Mayor and City Clerk to sign a Contract with Aquifer Maintenance and Performance
Systems, Inc., for well rehabilitation in an estimated annual expenditure of $307,500, a copy of the
Agreement is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of December, 2011.
CITY OF BOYNTON BEACH, FLORIDA
270 of 534
________________________________
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)
271 of 534
RENEWAL CONTRACT FOR WELL REHABILITATION SERVICES
This Agreement is made as of this ____ day of __________, 2011 by and between AQUIFER
MAINTENANCE AND PERFORMANCE SYSTEMS, INC., a Florida Corporation, with offices at
7146 Haverhill Road, West Palm Beach, Florida 33407 (“AMPS”), and THE CITY OF BOYNTON
BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard,
Boynton Beach, FL 33435 (the “City”).
RECITALS
WHEREAS,
The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and
Recovery wells; and
WHEREAS,
ongoing maintenance of the wells aids in achieving good well yields. Maintenance
may include rebuilding or replacing relief and check valves, line cleaning or relining of pipe and
calibration, repair or replacement of flow meters; and
WHEREAS
, AMPS, submitted a proposal dated September 13, 2010 to the City to provide well
rehabilitation services at prices based on City of Lake Worth contract #UT-WAT-09-10-775; and
WHEREAS,
The City would like to renew the existing contract under the same terms and
conditions for an estimated annual expenditure of $307,500.
NOW THEREFORE
, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and AMPS agree that AMPS shall provide well rehabilitation services
for an estimated annual expenditure of $307,500 at prices based on City of Lake Worth contract #UT-
WAT-09-10-775, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided:
A. All references to the City of Lake Worth shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
272 of 534
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
Section 3. In the event that the City of Lake Worth Contract is amended, or terminated,
AMPS shall notify the City within ten (10) days. In the event the City of Lake Worth Contract is
amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not
be deemed amended or terminated, until specifically amended or terminated by the parties hereto.
Section 4. AMPS agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Lake Worth Contract
are hereby ratified and shall remain in full force and effect under this Contract, as provided by their
terms.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH,FLORIDA
ATTEST:
By:_________________________________
___________________________________ Mayor
City Clerk
APPROVED AS TO FORM:
___________________________________
James A. Cherof, City Attorney
AQUIFER MAINTENANCE AND
PERFORMANCE SYSTEMS, INC.
WITNESSES:
____________________________________ BY:_________________________________
Print Name:
____________________________________ Title: _________________________
ATTEST:
273 of 534
____________________________________
SECRETARY
274 of 534
EXHIBIT A
AGREEMENT BETWEEN CITY OF LAKE WORTH
AND AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC.
275 of 534
276 of 534
277 of 534
278 of 534
279 of 534
280 of 534
281 of 534
282 of 534
283 of 534
284 of 534
285 of 534
286 of 534
287 of 534
288 of 534
289 of 534
290 of 534
291 of 534
292 of 534
293 of 534
294 of 534
295 of 534
296 of 534
297 of 534
298 of 534
299 of 534
300 of 534
301 of 534
302 of 534
303 of 534
304 of 534
305 of 534
306 of 534
307 of 534
308 of 534
309 of 534
310 of 534
311 of 534
312 of 534
313 of 534
314 of 534
315 of 534
316 of 534
317 of 534
318 of 534
319 of 534
320 of 534
321 of 534
322 of 534
323 of 534
324 of 534
325 of 534
326 of 534
327 of 534
328 of 534
329 of 534
330 of 534
331 of 534
332 of 534
333 of 534
334 of 534
335 of 534
336 of 534
337 of 534
338 of 534
339 of 534
340 of 534
341 of 534
342 of 534
8. A
CODE COMPLIANCE & LEGAL SETTLEMENTS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Recommend approval of negotiated settlement of $9,000
EQUESTED CTION BY ITY OMMISSION
in Betania Santos v. City of Boynton Beach
ER:
XPLANATION OF EQUEST
Defense Counsel: none
Plaintiff Counsel: Max Rudmann
Incident: Motor vehicle accident on July 14, 2010. City Recreation and Parks Bus Driver
travelling east on Boynton Beach Boulevard approaching to turn north onto Seacrest
Boulevard. Plaintiff vehicle travelling west on Boynton Beach Boulevard. City driver failed to
yield right of way to oncoming plaintiff and struck plaintiff in the intersection. Plaintiff suffered
injuries to neck, back, left hand and left ankle. Current medicals are in excess of $25,000.
H?
Recommendations for settlements of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
claims of this nature are part of the ongoing responsibilities of the Risk Management
Department.
FI:
Settlement of $9,000 will be charged to the Risk Management budget expense
ISCAL MPACT
line item 522-1710-519-49.21, Self-insured Losses, for third party automobile liability self-
insured losses.
A:
Failure to approve settlement will result in claim being litigated. Value of this
LTERNATIVES
case at trial is estimated at $35,000. Defense trial legal costs are estimated at $20,000.
343 of 534
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Lori LaVerierre
Interim City Manager
THRU:
Carisse Lejeune
Interim Assistant City Manager
FROM:
Charles J. Magazine
Risk Manager
DATE:
November 15, 2011
SUBJECT: Betania Santos v. City of Boynton Beach
Date of Loss:
July 14, 2010
X Settlement __ Judgement
Risk Management recommends the City Commission ratify the:
in the above stated manner.
RESERVES
: Indemnity: $ 35,000 Expenses: $ 25,000
Demand
: Original: $ 100,000 Final: $ 75,000
Offer
: Original: $ 4,000 Final: $ 9,000
SETTLEMENT$ 9,000
:
X
NOTE:
This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment FeesCurrent Legal Fees:
: $ 1,815 -0-
IF NOT SETTLED
Projected Legal FeesProjected Jury Verdict
: $ 20,000 : $35,000
JUDGEMENT$ -
:
__
Current Adjustment Fees:Current Legal Fees:
$ - $ -
CASE NARRATIVE
:
Motor vehicle accident on July 14, 2010. City Recreation and Parks Bus Driver travelling east
on Boynton Beach Boulevard approaching to turn north onto Seacrest Boulevard. Plaintiff
vehicle travelling west on Boynton Beach Boulevard. City driver failed to yield right of way to
oncoming plaintiff and struck plaintiff in the intersection. Plaintiff suffered injuries to neck,
back, left hand and left ankle. Current medicals are in excess of $25,000.
Cjm/Claimaut/SantosB01.doc
344 of 534
9. A
PUBLIC HEARING
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
12/06/11
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a site plan time extension for 18 months for the
EQUESTED CTION BY ITY OMMISSION
proposed Healing Grounds project consisting of a holistic veterinary clinic (3,416 square feet) and
ancillary human massage and acupuncture spa services on 0.60 acre in the C-2 Neighborhood
Commercial zoning district Applicants: Bridget Keller, Agent and Nancy Keller, Owner
ER:
Bridget Keller is the agent and applicant representing property
XPLANATION OF EQUEST
owner Nancy Keller, DVM of White Elk Enterprises, LLC. They are requesting an 18-month
time extension for the Healing Grounds new site plan (NWSP 10-002) development order
approved by the City Commission on March 16, 2010. The original approval is valid for 18
months and therefore was scheduled to expire September 16, 2011. If this request for an
extension is approved, the expiration date of this approval would be extended to March 16,
2013. There has been no previous time extension applications filed for this project.
The Healing Grounds project was approved for a one (1)-story 3,416 square foot holistic
veterinary clinic and 200 square feet of ancillary human massage and acupuncture spa
services at 220 and 226 West Boynton Beach Boulevard.
The site plan approval is valid for 18 months, in which time the developer is required to secure
a building permit for the project. The applicant’s justification for the request indicates
additional time is needed due to the high construction bids received for estimated costs of
development, including the site work and LEED building components. The applicant has met
with the architect to value engineer the project and has hired a general contractor. As such, an
18-month time extension is requested to extend site plan approval from September 16, 2011 to
March 16, 2013 and allow additional time to secure a building permit for the project.
345 of 534
Staff recommends approval of this first request for a time extension subject to the condition
that the original conditions of site plan approval would still apply. The Planning and
Development Board has also reviewed this request and forwards it with a recommendation of
approval subject to staff’s recommended condition of approval. Lastly, in order to prevent the
holiday meeting schedule from delaying the processing of this request, staff proposes that it
follow the typical expeditious schedule and be heard at this first (and only) Commission
meeting in December.
.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Direct economic impact to the City is minimal, as this is a business having
ISCAL MPACT
estimated 12-15 employees. It is staff’s opinion that a redeveloped site at this location,
including new landscaping and a well-designed building, will have a positive impact on
surrounding property values at this entrance into the downtown.
A:
Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
346 of 534
347 of 534
348 of 534
349 of 534
350 of 534
351 of 534
352 of 534
353 of 534
354 of 534
355 of 534
356 of 534
357 of 534
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Healing Grounds
File Number: SPTE 11-008
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
RECREATION AND PARKS
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. The approval of the Site Plan Time Extension is subject to the 17
conditions of approval of the original site plan approval (NWSP 10-X
002).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
358 of 534
DEPARTMENTS INCLUDREJECT
E
None
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
MWR/kz
S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\SPTE 11-008\COA.doc
359 of 534
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Healing Grounds
APPLICANT: Nancy Keller, DVM
AGENT: Bridget Keller
th
AGENT’S ADDRESS: 3181 NE 165 St, N Miami Beach, FL 33160
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6, 2011
TYPE OF RELIEF SOUGHT: Request approval of a site plan time extension of 18 months for a 3,716 square
foot veterinary clinic on 0.60 acre in a C-2 zoning district.
LOCATION OF PROPERTY: 220 and 226 West Boynton Beach Boulevard (SE corner of Boynton Beach Blvd
nd
and NW 2 Street)
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
_________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the relief sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit “D” with
notation “Included”.
4. The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ __________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Healing Grounds\SPTE 11-008\DO.doc
360 of 534
9. B
PUBLIC HEARING
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Approval of major site plan modification to construct a
EQUESTED CTION BY ITY OMMISSION
2,166 square foot addition to an existing 1,978 square foot office building for a total of 4,144 square feet
on a 0.29-acre parcel in the CBD zoning district
ER:
XPLANATION OF EQUEST
Feldman Group – Subway of South Florida,
Mr. Agustin Amaro, agent for The is seeking major site
plan modification approval for a 2,166 square foot addition to an existing headquarters of the Subway
th
Regional office. The subject property is located at the southeast corner of NE 4 Street and E. Boynton
Beach Boulevard, and is zoned Central Business District (CBD) and has a Mixed Use (MX) future land
use classification. According to a past appraisal, the site was originally developed in 1958, and
completely renovated in 1999. According to City records, the Subway Regional Headquarters has been
there since 2000. The project is to be completed in one (1) phase with a build-out date of early-to-mid
2012. The office currently has five (5) full-time employees and four (4) part-time employees. The
applicant anticipates that an additional employee may be hired after completion of the project. The
nd
Planning & Development Board reviewed this request on November 22 and forwards it with a
recommendation for approval subject to all staff comments. Lastly, in order to prevent the holiday
meeting schedule from delaying the processing of this request, staff proposes that it follow the typical
expeditious schedule and be heard at this first (and only) Commission meeting in December.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The project would generate about $1,300 in ad valorem taxes and $1,000 in fees
FI:
ISCAL MPACT
annually, for a total of $2,300.
A:
Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
S:\Planning\SHARED\WP\PROJECTS\Subway Regional Headquarters\Agenda Cover Sheet 120611 - Public hearing.doc
361 of 534
362 of 534
363 of 534
364 of 534
365 of 534
366 of 534
367 of 534
368 of 534
369 of 534
370 of 534
371 of 534
372 of 534
373 of 534
374 of 534
375 of 534
376 of 534
377 of 534
378 of 534
379 of 534
380 of 534
9. C
PUBLIC HEARING
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve Master Plan Modification to the Quantum Park
EQUESTED CTION BY ITY OMMISSION
Development of Regional Impact (DRI) Master Plan to convert the land use option on Lot 75 from OI
(Office and Industrial) to OIC (Office, Industrial and Commercial), to accommodate a 94,000 square foot
flooring showroom business. Applicant: Douglas B. MacDonald, Quantum Limited Partners.
ER:
Quantum Limited Partners has submitted a Notice of Proposed Change
XPLANATION OF EQUEST
(NOPC) to the Quantum Park Development of Regional Impact (DRI) to change the land use option on
Lot 75 from OI (Office and Industrial) to OIC (Office, Industrial and Commercial) in order to
accommodate a 94,000 square foot flooring showroom business. At the mandatory pre-application
meeting, both staff and the applicant’s agent agreed the proposed modification was minor in nature and
appeared to be a non-substantive change to the DRI.
The Treasure Coast Regional Planning Council (TCRPC) and the Florida Department of Economic
Opportunity (DEO) have both reviewed the submittal and indicated no objection to the non-substantive
determination, which means the DRI does not need to be amended. Instead, the City would only need
to require the applicant to request a Master Plan Modification, based upon the lack of regional impacts.
Staff also conducted a review of the potential of the modification to create any regional impacts, and is
in agreement with both the TCRPC and DEO that there would be no impacts of a regional nature
associated with the proposed modification. Additionally, staff does not expect any local impacts
resulting from the modification over that which would be allowed under the current land use option. As a
result of these determinations, staff is recommending approval of the Master Plan Modification. The
st
Planning and Development Board reviewed this request on November 21 and forwards it with a
recommendation of approval.
381 of 534
Lastly, in order to prevent the holiday meeting schedule from delaying the processing of this request,
staff proposes that it follow the typical expeditious schedule and be heard at this first (and only)
Commission meeting in December.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Approval of the request will expand the list of potential tenants for the long-vacant
ISCAL MPACT
space. Once approved, the landlord has an approved lease with a flooring showroom business (Floor &
Décor) to occupy 94,000 square feet and employ 50 workers.
A:
Approve the request, approve the request with conditions, or deny the request.
LTERNATIVES
382 of 534
383 of 534
384 of 534
385 of 534
386 of 534
387 of 534
388 of 534
389 of 534
390 of 534
391 of 534
392 of 534
393 of 534
394 of 534
395 of 534
396 of 534
397 of 534
10. A
CITY MANAGER’S REPORT
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Discuss request for financial assistance from Colonial Club
EQUESTED CTION BY ITY OMMISSION
Condo Association - as it relates to the 2006 Emergency Generator and/or Ice Machine (EGIM)
Program-per request of Commissioner Holzman.
ER:
The Emergency Generator and/or Ice Machine program began in
XPLANATION OF EQUEST
2006 and was funded in the 2005/2006 FY Budget through a General Fund appropriation of
$60,000 and was administered by the Neighborhood Services Division (no longer in existence)
and distributed through the Neighborhood Assistance Program account number 001-2417-559-
49-65.
A total of 12 projects were to be awarded through September 30, 2006. Application submittal
deadline was June 30, 2006 for a one-time reimbursement grant award of up to $5,000 to
purchase and install emergency generators and/or ice machines at approved facilities to
leverage the relief efforts of the community during post hurricane/disaster. Neighborhood-
based organizations including faith-based institutions were eligible.
The reimbursable grant required a 1:1 match (one-dollar value of neighborhood match for
every dollar awarded by the City). Organizations also had to submit a copy of the
organization’s most current operating budget to insure their capacity to meet project
requirements. Associations or faith-based institutions were required to provide a copy of the
paid invoice from the company contracted to install the emergency generator and/or ice
machine as well as proof of purchase of the equipment. Site inspections were required prior to
disbursement of funds, and the award letters clearly stated that the City would not provide
maintenance for emergency generators and/or ice machines awarded through the EGIM
project fund. Recipients of the grant were also required to submit a current, viable hurricane
398 of 534
plan to be eligible, thereby encouraging community disaster preparedness, capacity building
and self-reliance post disaster.
In July of 2006 Neighborhood Services requested a continuation of the EGIM project funding
for the FY 2006/2007. The request was denied by Commission. However, a deadline
extension was issued until January 12, 2007 for organizations to apply because all of the
$60,000 had not yet been encumbered.
By October 15, 2007 sixteen (16) applications had been funded for generators/ice machines
for a total pay out of $61,314.83. The program was then discontinued for lack of neighborhood
demand (no new applications were being submitted) and for lack of Commission support for
continuing the program in the FY 2006/2007 Budget.
H?
The EGIM program enabled
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
neighborhoods and faith-based institutions the ability to provide ice and refrigeration of
medicines to their members and neighboring communities in the event of a hurricane or other
devastating disaster.
FI:
The EGIM program cost the city a total of $61,314.83 from the General Fund
ISCAL MPACT
account number 001-2417-559-49-65 and staff time to administrate the program. There are no
funds currently budgeted for this program.
A:
The EGIM program has been discontinued. The Commission may elect to
LTERNATIVES
identify alternative funding to consider this request in full or in part.
399 of 534
400 of 534
401 of 534
402 of 534
City of Boynton Beach
Neighborhood Services Division
NOTICE OF FUNDING AVAILABILITY
Emergency Generator and/or Ice Machine Project Fund (EGIM)
Emergency Generator
The City of Boynton Beach has appropriated $60,000 to support the
and/or Ice Machine Project Fund(EGIM)
. A total of 12 projects may be awarded through
September 30, 2006. The purpose of the project is to ensure the safety and well-being of
residents during hurricane/disaster relief efforts.
This project provides neighborhood-based organizations, including faith-based Institutions with
a one-time reimbursable grant award of up to $5,000.00 to purchase and install emergency
generators and/or ice machines at approved facilities. The EGIM project funds will be used to
leverage the efforts of the community during post hurricane/disaster relief.
Neighborhood organizations (e.g., neighborhood associations, homeowner associations, or
civic organizations) and faith-based institutions primarily run by volunteers that are located
within the city limits of Boynton Beach are eligible to apply. Personal residences are
prohibited and not an allowable facility.
June 30, 2006
Application deadline is and must be submitted to:
Neighborhood Services Division
City of Boynton Beach - West Wing
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach, FL 33425-310
This is a reimbursable grant and requires a 1:1 match (one-dollar value of neighborhood match
for every dollar awarded by the City).
Applicants will be required to submit a Hurricane Plan by July 31, 2006 to be awarded funds.
The hurricane plans should include details of post storm/disaster recovery and arrangements
for distribution of resources.
To receive an application or obtain additional information contact:
Neighborhood Services Office at (561) 742-6029.
403 of 534
404 of 534
Neighborhood Services Division
Emergency Generator and/or Ice Machine Project
STATUS REPORT
Eighteen organizations applied for the EGIM program
Tuscany on the Intracoastal Condo withdrew from the program, due to HOA priorities
(building and roof repairs)
Sixteen generators installed as of 10-15-07 (11-hardwires and 5-rolled out’s)
One pending:
One – Being Installed
District Applicant Organization Recommended Status of Project Fiscal Year
Funding to Charge
1 Eastgate 1 & 2 Condo Assoc.- $5,000.00 Completed, reimbursement paid FY 2006-07
Hunters Run8-28-07 (Hardwire generator).
1 Palm Beach Leisureville$5,000.00 Completed, reimbursement paid FY 2005-06
12-21-06 (Hardwire generator
and Ice Truck)
1 Stratford at Hunters Run Condo $5,000.00 Completed, reimbursement paid FY 2006-07
Assoc.8-29-07 (Hardwire generator).
2 Waters Edge$2,330.00 Completed, reimbursement paid FY 2006-07
2-01-07 (Hardwire generator, and
Ice Machine)
1 Westgate Condo Association - $5,000.00 Completed, reimbursement paid FY 2006-07
Hunters Run1-17-07 (Hardwire generator).
3 St. Joseph’s Episcopal Church$5,000.00 Completed, reimbursement FY 2006-07
submitted 6-1-07 (Hardwire
generator and Ice Machine).
3 High Point Condo Association - $374.22 Completed, reimbursement paid FY 2005-06
Section 19-25-06 (Rolled out generator)
2 The Crossings of Boynton $5,000.00 Completed, reimbursement FY 2005-06
Beachpaid10-4-06 (Hardwire generator,
and Ice Machine)
3 Tuscany on the Intracoastal $5,000.00 Priorities shifted due to repairs NA
Condo Associationfrom hurricane damage.
3 High Point Boulevard $1,651.84 Completed, reimbursement paid FY 2005-06
Association10-4-06 (Rolled out generator)
3 Colonial Club Condominium 5,000.00 Completed, reimbursement paid FY 2006-07
Association4-2-07 (Hardwire generator and
Ice Machine)
1 The Woods Condominium $5,000.00 Completed, reimbursement paid FY 2006-07
Association2-01-07 (Hardwire generator, and
Ice Machine)
2 St. John’s Missionary Baptist $1,279.00 Completed, reimbursement FY 2006-07
Churchsubmitted on 10-15-07(Rolled out
generator)
3 Sterling Village Condominium $2,764.26 Completed, reimbursement paid FY 2005-06
Association 9-27-06 (Rolled out generator)
1 Hunter’s Run Master HOA $5,000.00 Completed, submitted FY 2005-06
reimbursement paid 11-30-06
(Hardwire generator)
405 of 534
1 American Legion Hall $5,000.00 Completed, reimbursement paid FY 2006-07
9-25-07 (Hardwire generator)
2 Village Royale on the Green $2,915.51 Completed, reimbursement paid FY 2006-07
7-27-07 (Rolled out generator and
Ice Machine)
1 Boynton Leisureville Community $5,000.00 Being install as of 9-29-07 FY 2006-07
Association (Hardwire generator)
TOTAL PROPOSED FUNDING $66,314.83
as of 10/1/2007
Total EGIM dollars paid out $61,314.83
406 of 534
11. A
UNFINISHED BUSINESS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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. R11-137 - Terminate
EQUESTED CTION BY ITY OMMISSION
existing lease with Boynton Beach Child Care Center, Inc. and approve new lease with Palm Beach
rd
County for operation of Head Start Program at 909 NE 3 Street
ER:
Please see the attached request from Palm Beach County.
XPLANATION OF EQUEST
Currently, the City leases the above facility to the Boynton Beach Child Care Center, Inc.
(BBCCC). Palm Beach County subleases space from the Child Care Center to operate the
County’s Head Start Program. Over the past year, issues have arisen regarding the co-
existence of these two programs in this building as it pertains to the County’s license
requirements to run the Head Start Program. One of the key issues being the County is
required to have “site control” under its license with the State Department of Health to run the
program. As a sub-lessee, the County does not have site control, the Child Care center does.
There are additional issues with controlled access to the site.
The attached letter from Palm Beach County clearly outlines the licensing issues that need to
be addressed. Palm Beach County representatives Mr. Ross Hering, Director, Real Estate
and Mr. Channel Wilkins, Director, Community Services will attend the meeting to address the
Commission on the County’s attempts to date to obtain programming and access information
from the Boynton Beach Child Care Center.
Historically, it has been the intent and priority of the City Commission to provide space for the
County to operate a Head Start Program in the city. This program provides much needed
services to our immediate community.
H?
Possible loss of Head Start Program
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
operation in the City of Boynton Beach.
407 of 534
FI:
The new lease with PBC will save the City approximately $10,000 in labor
ISCAL MPACT
costs for landscape maintenance. The County will resume this responsibility. This staff time
will be allocated to other maintenance needs in the department where staff reductions have
had an impact. Additionally, capital replacement of the playground equipment will fall to the
County and no longer be the responsibility of the city. Several years ago the City spent
approximately $15,000 for playground equipment replacement on this site.
A:
Not terminate existing lease with Boynton Beach Child Care Center, Inc.
LTERNATIVES
408 of 534
RESOLUTION NO. R11 -
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND PALM
BEACH COUNTY, FOR LEASE OF THE FACILITY AT 909 NE
RD
3 STREET FOR OPERATION OF THE HEAD START
PROGRAM; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Palm Beach County has been subleasing space from the Boynton Beach Child
Care Center for the operation of the County’s Head Start Program; and
WHEREAS
, the County’s Head Start Program provides a much needed service to the
Boynton Beach Community; and
WHEREAS
, issues have arisen regarding the two programs in the facility as it pertains to the
County’s licensing requirements to run the head Start Program; and
WHEREAS
, staff is recommending the City Commission approve the execution of a Lease
Agreement between the City of Boynton Beach and Palm Beach County for the lease of the facility
rd
at 909 NE 3 Street for operation of the County’s Head Start Program.
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 hereby approves and
authorizes the Mayor and City Clerk to execute a Lease Agreement between the City of Boynton Beach
rd
and Palm Beach County for the lease of the facility at 909 NE 3 Street for the County’s operation of
the Head Start Program, a copy of which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of December, 2011.
409 of 534
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)
410 of 534
411 of 534
412 of 534
413 of 534
414 of 534
415 of 534
416 of 534
417 of 534
418 of 534
419 of 534
420 of 534
421 of 534
422 of 534
423 of 534
424 of 534
425 of 534
426 of 534
427 of 534
428 of 534
429 of 534
11. B
UNFINISHED BUSINESS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Consider proposal to lease a portion of the Public Works
EQUESTED CTION BY ITY OMMISSION
Compound for construction of a billboard.
ER:
Wilton Manors Street Systems, Inc. has proposed to lease a
XPLANATION OF EQUEST
portion of the Public Works Compound to construct a billboard. Wilton Manors Street Systems
is entitled to construct a billboard pursuant to a Settlement Agreement reached approximately
10 years ago with Florida Outdoor Advertising. A representative of Wilton manors Street
Systems wishes to address the Commission to explain their lease proposal to the City
Commission.
H?
Not determined at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Not determined at this time.
ISCAL MPACT
A:
Not allow the presentation.
LTERNATIVES
430 of 534
431 of 534
432 of 534
433 of 534
434 of 534
435 of 534
436 of 534
437 of 534
438 of 534
439 of 534
440 of 534
441 of 534
442 of 534
443 of 534
444 of 534
445 of 534
446 of 534
447 of 534
12. A
NEW BUSINESS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Review Management Agreement with Schoolhouse
EQUESTED CTION BY ITY OMMISSION
Children's Museum and Learning Center regarding City appointments to the Museum Board of Directors
ER:
Commissioner Holzman requested this item be placed on the
XPLANATION OF EQUEST
agenda for discussion.
Attached please find a copy of the current management agreement as adopted in 2010 along
with a copy of the Museum Board of Directors Roster.
H?
n/a
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
n/a
ISCAL MPACT
A:
n/a
LTERNATIVES
448 of 534
449 of 534
450 of 534
451 of 534
452 of 534
453 of 534
454 of 534
455 of 534
456 of 534
457 of 534
458 of 534
459 of 534
460 of 534
461 of 534
462 of 534
Craig Clark, Library Director, City of Boynton Beach Library
Secretary
Member, Audit Committee
Member, Finance Committee
Member, Marketing Committee
Brian Edwards Vice President, Marketing & Development, Gulfstream Goodwill Industries and
Lighthouse for the Blind
Past President
Member, Finance Committee
Member, Marketing Committee
Nancy Ernst Resident, Boynton Beach
President
Chair, Executive Committee
Member, Governance & Nominating Committee
Member, Finance Committee
Member, Marketing Committee
Member, Development Committee
Robin Just Retired
Member, Program & Exhibits Committee
Member, Development Committee
Lori LaVerriere Interim City Manager, City of Boynton Beach
Chair, Audit Committee
Member, Marketing Committee
Lori Livergood Resident, Boynton Beach
Vice President
Chair Marketing Committee
Brian Merbler Director of Sales & Marketing, The Brickell Group
Treasurer
Chair, Finance Committee
Member, Marketing Committee
Member, Development Committee
John Platt, R.Ph. General Manager & Community Liason, Walgreens
Chair, Operations Committee
Member, Development Committee
Dr. Michael Roseff, DMD Owner, Roseff Pediatric Dentistry
Chair, Programs & Exhibit Committee
Dr. Allan A. Schlossberg Retired, Professor of Temple University
Member, Operations Committee
Member, Marketing Committee
Member, Development Committee
Voncile Smith
Chair, Governance Committee
Alejandro Solis
TBD
Anne Vyronides
Member, Marketing Committee
Member, Development Committee
463 of 534
464 of 534
13. A
LEGAL
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-030 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Request to consider amendment to City Code regarding temporary
banners to allow "feather" banners
ER:
The City Commission previously reviewed this item on July 5th,
XPLANATION OF EQUEST
and acted to support the modification of the City's sign regulations to allow "feather-style"
banners in addition to the static banner that is currently allowed by the LDR for temporary
display purposes. The Commission directed staff to return with an ordinance containing the
corresponding amendments to accommodate said temporary signs, including provisions or
standards that address maximum size and the anticipated locational and quantity issues. Staff
is also to prepare to implement administrative processes that resolve the anticipated
processing and monitoring challenges. Options for consideration, as well as the background
information and analysis on which the proposed amendments are based were provided in the
th
July 5 agenda item, and that agenda cover sheet has been included as an attachment to this
item. The recommendations from that report have been listed below as an introduction to the
proposed amendments. The recommendations reviewed and supported by the Commission on
th
July 5 read as follows:
Original Recommendations
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;
465 of 534
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);
3. Optionally, because this provision could represent a net reduction in total 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 (to be adopted under separate ordinance);
10. Needed amendments to the application fee schedule to account for anticipated
increases in processing and monitoring time and costs.
Staff also recommended that the proposed changes be in effect for a trial or pilot period during
which time staff would evaluate the impacts and benefits from the subject amendments. Staff
recommended that the temporary period last for 12 months, and at the end of such period the
Commission would review the findings and determine whether the ordinance should sunset or
be extended.
Proposed Text Amendments
Modify Part III. Land Development Regulations, Chapter 1, Article II. Definitions and Chapter 4,
Article IV. Sign Regulations, as follows:
Terms and definitions - Insert description/definition to allow for a feather banner as a
temporary sign in addition to the static banner currently allowed, to include the various
typical shapes/styles commonly seen but limited to feather banners – “bow”, “teardrop”
and ”flag” (rectangular-shaped).
Height/Size standards - Add size standards for feather banners to include a maximum
height of 10’ 6”, overall measurement., and a maximum width of 30”. These odd
dimensions are based on the various “standard” sizes provided by a sample of
manufacturers or suppliers researched by staff, and the differences in width dimensions
between the feather or flag banners and teardrop banners. Whereas width dimensions
for bow banners can start at 2’, teardrop banners are wider starting at around 34”. Given
the varying shapes of feather banners, no maximum area standard is being proposed.
Lastly, for consistency, this maximum height standard will also apply to the static banner
that is currently allowed by the sign regulations (there is currently no applicable
maximum height standard for static banners).
Quantity standard – To prevent proliferation of banners along the streetscape, a
maximum of 1 feather or static banner per business will be allowed per display period,
and at a maximum intensity or quantity of 1 feather or static banner per 300 feet of
linear street frontage with a minimum of 1 banner per property on which an approved
466 of 534
business operates. Banners placed on or within 5 feet from the building façade or
supporting components will not be subject to the intensity/quantity standard.
Location – Similar to current restrictions applicable to static banners, feather banners
shall not be placed within the site triangle of driveways or intersections, shall not be
attached to landscaping materials, and must be placed behind the shrub row of the
landscape buffer. A minimum setback of 10 feet. Not to be placed in parking spaces or
drive aisles.
Duration – Similar to current regulations for temporary banners, the maximum
cumulative display period shall be 90 days per calendar year.
Evaluation period – It is difficult to project future permit activity and the overall visual
effect of these proposed feather banners. Therefore staff recommends that the
proposed changes be in effect for a 12-month trial or pilot period during which time staff
would evaluate the impacts and benefits from the subject amendments. At the end of
such period the Commission would review the findings and determine if the ordinance
should be extended.
Purpose – To prevent such signs from being used to solely attract attention without
communicating the subject business and/or product, the proposed regulations should
prohibit such signs that are blank or that contain no wording, logo or other message
associated with a specific store approved to operate on the subject property.
Fee requirements – Staff proposes to apply the same zoning permit fee as applicable to
static banners. If the process required in conjunction with the processing of feather
banners is significantly more staff-intensive than for static banners, staff will propose an
amendment to the fee schedule as necessary to reflect the actual processing time
experienced with the first several applications. The administrative process will include
both automated and manual aspects.
A-frame signs - A-frame or “sandwich” signs are use to identify and locate businesses,
promote merchandise or services, attract customers, provide direction and information
in a pedestrian setting, and can be accomplished without any impact on the streetscape
through proper proximity to business entrances, and uniformity in design. Such signs
are frequently used by restaurants for displaying daily menu options or values and are
being proposed for accommodation by City regulations. One (1) sign shall be allowed
per business, and each shall be non-illuminated and constructed of durable materials
compatible with the project. The size of each sign shall be of a scale that is consistent
with the scale of the adjacent storefront, building, and sidewalk width, and are limited to
five (5) square feet. Staff will require uniformity within a plaza or other multi-tenant
center through involvement of the leasing agent or property owner, and the use of the
respective sign program and minor site plan modification process.
Staff proposes to forward these proposed amendments in ordinance form for first reading, to
confirm Commission direction, then circulate the item to the Planning & Development Board
prior to final reading of the ordinance.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
467 of 534
FI:
An increase in demand for zoning permits is anticipated but the magnitude of
ISCAL MPACT
increase is difficult to estimate.
A:
Approve code amendments as proposed, modify as desired, or not approve
LTERNATIVES
amendments to the sign code thereby preventing any additional types of temporary signs
within the City.
468 of 534
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS ARTICLE IV “SIGN REQUIREMENTS” BY AMENDING
SEC. 4 “STANDARDS” TO ADD A NEW SUBSECTION B. 10 ENTITLED
“FEATHER BANNERS” PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR) to
modify the sign regulations to allow temporary feather banners in commercial areas; and
WHEREAS
, it is the intent of the City Commission to modify the sign code on a trial one (1)
year six (6) month basis after which time the City Commission will evaluate if the use of temporary
feather banner signs provides benefit to the business community in balance with aesthetic considerations
which might negatively impact the City.
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. Article IV “Sign Requirements”, Sec. 4 “Standards” to be amended to add a new
subsection B. 10 entitled “Feather Banners” as follows:
Terms and definitions-
A “feather banner” is a style of a temporary lightweight sign comprised
of a partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester
fabric sign face is attached. Depending on the shape and type of movement, such signs may also
be called a “flutter”, “tear drop”, “flying”, “wing”, “bow”, “blade”, or “rectangular” banner, etc.
Height/Size standards -
A maximum height of 10’ 6” overall measurement including support
portion of sign, and a maximum width of 30”.
Materials-
The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor
the sign frame shall contain glitter, florescent, metallic, or reflective materials.
Number of banners
-
Along business or shopping center frontage, within 25 feet of the property line: 1 feather
banner per business (as evidenced by business tax receipt) per 300 feet (or less) of linear
street frontage. A minimum of one banner shall be allowed along the frontage if linear
469 of 534
frontage is less than 300 feet, and banners shall not be placed along a single frontage
when the property has multiple frontages.
Banners placed on or within 5 feet from the building façade or supporting components: 1
feather banner per business (as evidenced by business tax receipt).
Only one banner (i.e. feather or fixed banner as provided for in Sec 3.B.4) shall be
permitted and displayed per business at any one time.
Location –
Feather banners shall not be placed within the site triangle of driveways or
intersections, shall not be attached to landscaping materials, and must be placed behind the shrub
row of the landscape buffer. The minimum setback shall be 10 feet from the property line, except
that the setback may be less than 10 feet if still placed, as described herein, within an existing
landscape buffer with a continuous hedge row. Banners shall not be placed in, or otherwise block
parking spaces or drive aisles. Banners may not be placed on sidewalks.
Duration –
The maximum cumulative display period shall be 90 days per calendar year. The
duration period shall run for consecutive days.
Application-
An application shall be required for each banner, shall include a scaled plan or
drawing that identifies the location of and setback for the proposed banner, and indicates the
length of the property frontage if banner is to be placed greater than 5 feet from the building
where the subject business is located less than 25 feet from property frontage. The application
shall be signed by the business owner and the property owner.
Fee requirements –
Permit applications shall be processed following the same process used for processing
other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for
each application shall be $50.
Deposit-
$100.00, refundable on or before the expiration of the 90 day permit, provided the
applicant surrenders the original permit.
Penalties:
$50 per day or portion of a day for each banner displayed without a permit or after the
expiration of a permit.
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 and shall automatically be
deemed repealed at the one year six (6) month anniversary of second and final reading.
FIRST READING this ____ day of ____________, 2011.
470 of 534
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
471 of 534
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
472 of 534
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:
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
the text or message on the banner. Movement is uniform facilitated by the pole base
which swivels with the wind direction; and
473 of 534
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;
One 20 square foot banner to be displayed for a cumulative maximum period of 90 days
for an existing business or development; and
474 of 534
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
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.)
475 of 534
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.
Alternatives
476 of 534
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.
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.
477 of 534
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 and to staff
recommends that the sign regulations be amended to consider the following:
11. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height
standards and type of banners allowed and discouraged;
12. 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
13.
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)
;
14. Currently prohibited signs and provisions that allow limited sign movement;
15. A minimum of 1 banner would be allowed regardless of linear frontage;
16. The maximum display period remains at 90 days;
17. A sunsetting provision to ensure the impacts are monitored and ordinance extended
only if minimal negative effects and net benefit to the area businesses;
18. 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;
19. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and
restrictions regarding uniform size and design, location, and pedestrian scale and
purpose;
20. 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.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
478 of 534
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
479 of 534
13. B
LEGAL
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
DECEMBER 15, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-031 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Provide for a temporary, 2-year suspension of the application or
enforcement of provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant:
City-initiated.
ER:
The Workforce Housing Program (WHP) was adopted on April 3,
XPLANATION OF EQUEST
2007. The purpose of the Program was to implement recommendations of the 2006 Boynton
Beach Housing Needs Assessment Study, which found that the need to address the workforce
housing shortage had become urgent. The WHP requires developers of projects with a
residential component to set aside a certain percentage of units for low – and moderate-
income households. Housing needs of very low-income households are not addressed.
When the WHP was adopted, the residential real estate market in Palm Beach County had
already been in a downturn for over two years, with prices steadily falling after their peak in
November 2005. Since then, the housing market slump deepened considerably, with median
sales price of all units down over 50% (the August 2011 median housing sales price in the City
was $125,000). Development activity dropped sharply, and in effect, no project has been
subject to the Program’s provisions.
For sale housing
. Even though a sharp decline of home prices in the City combined with very
low mortgage rates dramatically improved affordability for home buyers, rigid underwriting
standards currently embraced by the banking industry, including high down payments and
near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for
many households to qualify for a loan. Please note that the majority of these issues cannot be
addressed by the Workforce Housing Program.
480 of 534
Rental housing
. The WHP requires monthly rents for rental units not to exceed the HUD-
determined Fair Market Rents (FMR) for Palm Beach County (FMR is a concept used in a
number of government housing assistance programs). At present, the rental housing market in
the City offers reasonably priced units for low-to moderate-income households. According to
the 2011 third quarter data provided by the Reinhold P. Woolf Economic Research, Inc.,
average monthly rents for one-, two- and three-bedroom apartments are either equal or lower
than the county FMR. Moreover, the Boynton Beach area market has, at 7.6%, the highest
vacancy rate in the county. Finally, Woolf’s data indicates that lower-income affordable tax
credit developments countywide had a vacancy rate of 7.9%, considerably higher than 6.1%
vacancy rate found in market rate developments (August 2011).
Temporary suspension of the WHP
. Under the current market conditions the Program’s
requirements may inhibit development and redevelopment activities, which is of a particular
concern in the downtown and surrounding areas.
The goal of the proposed suspension of the WHP is to offer interim relief to stimulate
development and is therefore consistent with the Economic Development Implementation
Initiative 15 a.The suspension, if approved, should be reviewed at the time of its expiration for
a possible extension.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The fiscal impact of this action is potentially positive if new properties are
ISCAL MPACT
placed on the tax roll. It also depends on the residential-to commercial ratio for new
development.
A:
Deny the proposed suspension of the Workforce Housing Program.
LTERNATIVES
481 of 534
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE
V, SECTION 2, “WORKFORCE HOUSING PROGRAM”, CREATING SUB-
SECTION I, “SUSPENSION OF PROGRAM” SUSPENDING APPLICATION OR
ENFORCEMENT OF THE WORKFORCE HOUSING PROGRAM FOR A
PERIOD OF TWO YEARS; PROVIDING FOR AUTOMATIC
REIMPLEMENTATION OF APPLICATION AND ENFORCEMENT UPON THE
EXPIRATION OF THE STATED TIME PERIOD; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, the Workforce Housing Program was adopted by the City Commission on April 3,
2007; and
WHEREAS,
staff believes that suspension of the application and enforcement of the Workforce
Housing Program will offer interim relief to stimulate development and is therefore consistent with the
Economic Development Implementation Initiative 15a.; and
WHEREAS,
the City Commission has considered the recommendations and has determined and
finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to
suspend the application and enforcement of the Workforce Housing Program for a period of two years.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
The Land Development Regulations of the City of Boynton Beach Code of
Ordinances, Chapter 1, Article V, Section 2, “Workforce Housing Program” is hereby amended by
adding sub-section I, “Suspension of Program” as follows:
I. Suspension of Program. Commencing December 15, 2011 and ending December 14,
2013 application of the Workforce Housing Program is suspended and parties to whom it
may apply are relieved of any compliance requirements. The Workforce Housing
Program will automatically be re-implemented upon expiration of the suspension of the
application and enforcement of the Program.
482 of 534
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 4.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5.
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 6.
Authority is hereby given to codify this Ordinance.
Section 7.
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
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
483 of 534
13. C
LEGAL
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-032 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend provisions of Chapter 2, Article VI, Section 2: City Parks and Recreation Impact Fee
or Land Dedication. Applicant: City-initiated
ER:
The park and recreation impact fee, charged to residential
XPLANATION OF EQUEST
development, provides a source of revenue to fund construction or improvement of the City’s
parks necessitated by growth. It ensures that all future development creating an impact on
park and recreational facilities within the City will bear a proportional share of the cost.
The methodology used to generate the impact fee schedule is based on the replacement costs
of parks and facilities, which fluctuate over time. Since the last update of the impact fees in
July of 2006, there have been major decreases in property values as well as significant
changes in pricing of facilities. As a result of these changes, the proposed impact fees are
substantially reduced.
Legal requirements. Florida Statutes, Chapter 163.31801 now requires that the calculation of
impact fee be based on the most recent and localized data. The City’s
Comprehensive Plan stipulates that the park and recreation impact fee should be reviewed
every other year. The proposed update will bring the City in compliance with these
requirements.
Sources of data. The average cost of vacant land was provided by the 2010 Palm Beach
County Appraiser’s database. Staff obtained cost estimates for facilities from three park
development/construction firms - Recreational Design and Construction, AECOM, and West
Construction. The first two firms provided estimates for 2001 and 2006 calculation of impact
fees. West Construction recently completed construction of improvements to Wilson and
484 of 534
Jaycee parks, and has nearly completed construction of the Congress Avenue Community
park; it is a contractor with extensive local experience. The estimates were also compared to
park construction data obtained from Palm Beach County, and reviewed by staff of Broward
County and the City of Boca Raton. As AECOM figures were determined to be
underestimated, staff used the average of the West Construction and Recreation Design and
Construction pricing in the impact fee calculations. The average civil and site development cost
per park acre was provided by West Construction.
Changes in methodology. There are no changes in the overall methodology. However, due to
data collection changes in the 2010 Census, the only source of the update for the person-per-
dwelling unit figures is the Census Bureau’s American Community Survey (ACS). Staff used
the ACS data, but had to combine the single-family detached and attached dwellings since the
ACS provides no breakdown for population residing in these two dwelling categories.
Moreover, dwellings in buildings containing two-to-four units were added to the table, since the
household size for these dwellings differed significantly from the other two categories.
Proposed impact fees per dwelling unit:
Type of Dwelling Unit Impact fee per dwelling
Single-family, detached or attached $875
Dwellings in buildings containing 2 to 4 units $678
Multi-family (dwellings in buildings containing 5 or more units) $595
Current impact fees per dwelling unit:
Type of Dwelling Unit Impact fee per dwelling
Single-family, detached $1,418
Single-family, attached $1,045
Multi-family $924
For further information and documentation, see attached ordinance.
H?Fiscal Impact
See
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The substantially reduced figures in the updated impact fee schedule reflect
ISCAL MPACT
the current economic environment. The balance of impact fee trust fund, currently at about
$258,000, is unlikely to grow significantly for the foreseeable future, as residential development
activity in the region remains dormant, especially in the for-sale housing sector. Although rental
rd
demand has been strong nationwide, the Palm Beach County apartment vacancy rate in 3
quarter was 7.1%, above the U.S. average of 5.6%.
It should be noted that while park construction has slowed due to funding availability (for both
for construction and maintenance), existing park resources within the City are adequate to
meet the recommended level of service standard for park acreage as indicated in the City’s
Comprehensive Plan. Worst case, the future construction of planned park space will be timed
with the slower accumulation of impact fee dollars, and/or identification of additional funding
sources for park construction and maintenance.
A:
This update is required by state law. Staff proposes this update based on the
LTERNATIVES
best available data and a professionally-accepted methodology. Staff does not propose an
485 of 534
alternative methodology or recommend the use of an outside consultant to conduct this
analysis and update due to cost, and the likelihood that the consultant would use core data
similar to what was used by staff.
486 of 534
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS,
CHAPTER 2, ARTICLE VI, “IMPACT AND SELECTED
FEES”, SECTION 2, “CITY PARKS AND RECREATION
FACILITIES IMPACT FEE OR LAND DEDICATION” TO RE-
CALCULATE THE IMPACT FEES BASED ON THE MOST
RECENT AND LOCALIZED DATA OF THE REPLACEMENT
COSTS OF PARKS AND FACILITIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, Florida Statutes, Chapter 163.31801 now requires that the calculation of impact fee
be based on the most recent and localized data; and
WHEREAS
, the City’s Comprehensive Plan requires that the park and recreation impact fee be
reviewed every other year; and
WHEREAS,
the last modification of the park and recreation impact fees was by Ordinance 06-
057 in July 5, 2006; and
WHEREAS
, the City impact fee methodology is based on the replacement cost of parks and
recreational facilities; and
WHEREAS,
the City has conducted a review of the current level of impact fees and has made
recommendations to the City Commission regarding modification of fees, based on the decrease of
property values and significant changes in pricing of facilities that have occurred since the fees were
last modified.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
Chapter 2 “Land Development Process”, Article VI, “Impact and Selected Fees”,
of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby
amended as follows:
487 of 534
A. General.
1. Purpose and Intent. This section is enacted to ensure that future land development within the
city provides land and facilities for park or recreational purposes in accordance with the Open Space and
Recreation Element of the Comprehensive Plan adopted by the city. The imposition of a park and
recreation facilities impact fee is to provide a source of revenue to fund the construction or improvement
of the city park system necessitated by growth, as delineated in the Capital Improvement Element of the
Comprehensive Plan. The purpose of this section is to ensure that all future residential land
development creating an impact on park and recreational facilities within the city shall bear a
proportionate share of the cost of capital expenditure necessary to provide such facilities in accordance
with the Open Space and Recreation Element of the Comprehensive Plan adopted by the city.
2. Applicability. A park and recreation facilities impact fee is hereby imposed on the
construction of any type of new residential dwelling unit. For the purposes of this section, a residential
use shall be construed to be any such use that is listed under the "residential and lodging" category
shown in the use matrix (see Chapter 3, Article IV, Section 3.D.). A residential use shall include the
residential component of mixed-use developments, or the conversion of any existing non-residential use
to a new residential use. The provisions of this section however, shall not apply to accessory dwelling
units, bed and breakfast, hotel and motel establishments, and nursing homes (as defined by the state).
3. Terms and Definitions. See Chapter 1, Article II for the terms and definitions associated
with impact fees.
4. Waiver. Any request to waive a city impact fee shall be in accordance with City Code of
Ordinances Part II, Chapter 8, Economic Development, Section 8-1.
B. Time of Impact Fee Payment. Payment of park and recreation facilities impact fees or transfer
of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance of a building
permit (see Chapter 2, Article IV, Section 2). , or prior to approval of a plat or replat application in
accordance with Chapter 2, Article III, Section 2, whichever occurs first.
C. Impact Fee Calculation. The formula used to develop park and recreation facilities impact fee
assessment is set forth in accordance with the following:
1. Table 2-3. Costs Per Capita: Methodology. The cost per capita is calculated by multiplying
the standard quantity of park land and facility by average cost per facility. The standard quantity is
based on actual provision. The land value is the average assessed value per acre of all vacant parcels
within the city of two (2) acres or more. Average development cost has been added to the average
assessed value to account for basic civil and site development costs.
ComponentStandard per Capita Average Cost per Cost per Capita
Facility
Land Acres 0.004700 0.002456 $543,292 $275,626 $2,553.47 676.89
Playgrounds 0.000259 0.000249 $100,000 $192,500 $25.90 $47.84
Basketball Courts 0.000198 0.000219 $60,000 $$152,500 $11.88 $33.44
Handball/Racquetball Courts 0.000122 0.000117 $225,000 $225,000 $27.44 $26.31
488 of 534
Baseball/Softball Fields - Youth 0.000061 0.000073 $595,000 $300,000 $36.30 $21.93
Baseball/Softball Fields - Adults 0.000061 0.000029 $655,000 357,500 $39.96 $10.45
Football/Soccer Fields 0.000025 0.000029 $560,000 $355,000 $14.00 $10.38
Tennis Courts 0.000473 0.000453 $60,000 $120,000 $28.35 $54.38
Shuffleboard Courts 0.000244 0.000234 $25,000 $46,250 $6.10 $10.82
Picnic Areas 0.000320 0.000351 $50,000 $57,200 $16.01 $20.07
Fitness Trails (Stations) 0.000030 0.000029 $100,000 $92,500 $3.05 2.70
TOTAL COST PER CAPITA $2,762.45 $915
ADJUSTED COST PER Adjustment ($915 x 0.36)* $329
CAPITA
2. Table 2-4. Adjustment Rate. *Based on park improvement budgets over the last five (5)
fiscal years, eighty-one64 percent (8164%) of the cost of park development is anticipated to be
generated paid by the city, with the remaining nineteen thirty six percent (1936%) covered by funds
from the trust fund established for deposition of impact fees. In the calculation of adjusted cost per
capita, other revenues that are being used to pay for new parks and recreation facilities and for
improvement of existing facilities are subtracted from the total per capita cost.
In the calculation below, other revenues that are being used to pay for new parks and recreational
facilities and for improvements of existing facilities are subtracted from the total per capita cost, as
shown:
Total Investment Less Credit: Net Unfunded
Cost Per CapitaPercent Other Revenues Cost per Capita
$2,762.45 81% $525
32. Table 2-54. Cost Per Dwelling Unit (Impact Fee) Methodology. The cost of parks and
recreational facilities per dwelling unit is the impact fee. It is calculated by multiplying the park and
recreational facility cost per person (after the credit reduction for other revenues) by the average number
of persons per dwelling unit in a given type of structure:
Type of Net Persons Per Impact Fee Per
Dwelling UnitUnfunded Dwelling Unit* Dwelling Unit
Cost Per
Capita
Single-Family, Detached or Attached* $525 2.70 2.66 $1,418 $875
$329
Dwellings in buildings containing two $329 2.06 $678
489 of 534
(2) to four (4) units*
Single-family, Attached $525 1.99 $1,045
Multi-Family (dwellings in buildings $525 1.76 1.81 $924 $595
containing five (5) or more units*) $329
*As per Census definitions. The persons-per-unit numbers are currently based on 2000 the
Census Bureau 2008-2010 American Community Survey data. estimates.
D. Table 2-65. Impact Fee Amount. The established park and recreation facilities impact fee per
residential unit is as follows:
Type of Dwelling UnitImpact Fee per Dwelling Unit
Single-Family, Detached or Attached $1,418 $875
Single-family, AttachedDwellings in buildings $1,045 $678
containing two (2) to four (4) units
Multi-Family (dwellings in buildings containing $924 $595
five (5) or more units)
E. Credit Towards Impact Fee Imposition. Where a building(s) consisting of one (1) or more
dwelling units is demolished for redevelopment purposes and replaced by another building of one (1) or
more dwelling units the developer of the redevelopment project can request, there shall be a credit for all
or part of any previous park and recreational impact fees paid to the City for the building(s).against the
payment of the fees originally paid or assessed. The burden is on the developer to submit proof of
previous payment of park and recreation impact fees. Following application, City staff shall determine
the amount of credit to be given based on a cost per dwelling unit basis. If the number of units being
constructed in redevelopment are equal to or less than the number of units that previously existed on the
property and impact fees were previously paid, the developer will be assessed no additional park and
recreational impact fees. If the number of units being constructed in redevelopment is greater than the
number of units that previously existed on the site and impact fees were previously paid, the developer
will be charged additional impact fees only for the number of new units that exceeds the original number
of units.
F. Land Donation as in lieu of Impact Fee Obligation Satisfaction. Some or all of the park and
recreation facilities impact fee obligation may be satisfied by dedication of land to the city for park and
recreation facilities. The process of donation may be initiated by the applicant or the city upon the
formal filing of a development application and prior to the completion of staff reviews. When staff
anticipates the need for a land dedication in lieu of an impact fee, staff shall notify the property
owner/applicant at the pre-application conference. Staff's notification to the property owner/applicant
shall include a statement that only the City Commission has the authority to decide when a land
dedication will be required in lieu of the payment of the impact fee. In either case, the decision to accept
land in lieu of a fee is reserved to the City Commission.
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
490 of 534
Section 4.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5.
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 6.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
FIRST READING this ___ day of ___________, 2011.
SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2012.
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)
491 of 534
13. D
LEGAL
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-033 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amending Section 2-41 of the Code of Ordinances establishing revised redistricting
boundary maps
ER:
The City Charter stipulates that; “The election districts shall be of
XPLANATION OF EQUEST
equal population, compact, proportional and logically related to the natural internal boundaries
of the neighborhoods within the city. The principal of non-discrimination and one man/one vote
shall be adhered to strictly”. These districting requirements in the City Charter are consistent
with generally accepted standard practice and the legal rulings and guidelines that emanate
from the 1965 Voting Rights Act and its Amendments.
Due to substantial population imbalance across the districts significant boundary adjustments
need to be made to reach a reasonable population balance by district. The smaller districts
must add population/territory and the largest district will need to release territory and thus
population to several of its neighboring districts. To reestablish population balance, District 2
must expand significantly and District 1 and District 3 also need increased population.
At the October 18, 2011 City Commission meeting, Florida Atlantic University (FAU), the
consultant contracted to facilitate the redistricting process, presented four (4) separate
alternatives for the City Commission’s consideration. The motion was made to accept
Alternative B and was passed on a 3-2 vote with Mayor Rodriguez and Commissioner Ross
dissenting.
H?
Alternative B uses I-95 as the boundary
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
between District 1 and District 3 in the southern part of the city. This straightens out the current
492 of 534
irregular boundary in that area. Alternative B also has relatively modest population deviation
and it shifts the downtown marina into District 3. (See attached Alternative B District Map).
FI:
None
ISCAL MPACT
A:
None. Redistricting is required by City Charter.
LTERNATIVES
493 of 534
ORDINANCE NO. 11-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2.
ADMINISTRATION. ARTICLE III. ELECTIONS. SECTION 2-
41. VOTING DISTRICTS, OF THE CODE OF ORDINANCES,
ESTABLISHING REVISED REDISTRICTING BOUNDARY MAPS;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE
.
WHEREAS
, pursuant to Section 17(G) of the Charter of the City of Boynton Beach, the
geographic boundaries for each of the four (4) voting districts of the City Commission have been
revised; and
WHEREAS
, the City Commission deems the adoption of this Ordinance to be in the best
interests of the citizens and residents of the City of Boynton Beach, Florida;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 2. Administration, Article III, Section 2-41 is hereby amended by
deleting (1), (2), (3) and (4) in their entirety, and adding a revised (1), (2), (3) and (4) as follows:
(1) District No. 1. COMMENCING at the centerline intersection of Boynton Beach Boulevard
and the centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton Beach
Boulevard to the centerline intersection of NW 8th Street and the POINT OF BEGINNING; thence run
southerly along the centerline of NW 8th Street and SW 10th Street to the centerline intersection of
Woolbright Road; thence run easterly along the centerline of Woolbright Road to the centerline
intersection of Interstate 95 (S.R. 9); thence run southerly along the centerline of said Interstate 95 (S.R.
9) to the easterly extension of the centerline of the Lake Worth Drainage District (LWDD) Lateral 30
Canal; thence run westerly along the centerline of said LWDD Lateral 30 Canal to the city's western
corporate limits; thence run northerly, easterly and northerly along the city's western corporate limits to
a point on the centerline of the C. Stanley Weaver/Boynton Beach Canal; thence run easterly along the
centerline of the C. Stanley Weaver/Boynton Beach Canal to the centerline intersection of Congress
Avenue; thence run northerly along Congress avenue to the centerline intersection of Gateway
Boulevard; thence run easterly along the centerline of Gateway Boulevard to the centerline intersection
of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal; thence run southerly along the
centerline of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal to the centerline
intersection of Old Boynton Road; thence run easterly, southeasterly and southerly along the centerline
of Old Boynton Road to the POINT OF BEGINNING.
494 of 534
(2) District No. 2. COMMENCING at the centerline intersection of Boynton Beach Boulevard
and the centerline of Interstate 95 (S.R. 9); thence run westerly along the centerline of Boynton Beach
Boulevard to the centerline intersection of Old Boynton Road and the POINT OF BEGINNING; thence
run northerly, northwesterly, and westerly along the centerline of Old Boynton Road to the centerline
intersection of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal; thence run
northerly along the centerline of the Lake Worth Drainage District (LWDD) Equalization (E) 4 Canal to
the centerline intersection of Gateway Boulevard; thence run easterly along the centerline of Gateway
Boulevard to the centerline intersection of Interstate 95 (S.R. 9); thence run northerly along the
centerline of said Interstate 95 (S.R. 9) to the city's northern corporate limits; thence run easterly,
southerly and easterly along the city's northern corporate limits to the centerline of the Intracoastal
Waterway; thence run southerly along the centerline of said Intracoastal Waterway to the centerline of
thth
easterly extension of NE 4 Avenue; thence westerly along the centerline of easterly extension of NE 4
Avenue to the centerline of Federal Highway (U.S. 1); thence run southerly along, the centerline of
Federal Highway to the centerline of Boynton Beach Boulevard; thence run westerly along the
centerline of said Boynton Beach Boulevard to the POINT OF BEGINNING.
(3) District No. 3. BEGINNING at the centerline intersection of Boynton Beach Boulevard and
thth
the centerline of SW 10 Street/NW 8 Street; thence run easterly along the centerline of said Boynton
Beach Boulevard to the centerline of Federal Highway (U.S. 1); thence run northerly along the
th
centerline of Federal Highway to the centerline of NE 4 Avenue; thence run easterly along the
th
centerline of NE 4 Avenue and its easterly extension to the centerline of the Intracoastal Waterway;
thence run southerly along the centerline of said Intracoastal Waterway and the city's eastern corporate
limits as located to the east side of the Intracoastal Waterway and periodically adjacent to the corporate
limits of the Town of Gulfstream to a point on the centerline of said Intracoastal Waterway at the city's
southern corporate limits adjacent with a portion of Palm Beach County; thence run westerly, southerly
and northwesterly along the city's southern corporate limits crossing South Federal Highway south of
Gulfstream Boulevard to a point on the west right-of-way line of Old Dixie Highway and the centerline
of Gulfstream Boulevard being the city's southern corporate limits with the City of Delray Beach; thence
run westerly along the city's southern corporate limits and the centerline of Gulfstream Boulevard and
along the southern subdivision line of the HILLS AT LAKE EDEN, P.U.D. as recorded in Plat Book 79,
Pages 89 and 90, according to the Public Records of Palm Beach County, Florida, to the centerline of
Interstate 95 (S.R. 9); thence run northerly along the centerline of Interstate 95 (S.R. 9) to the centerline
intersection of Woolbright Road; thence run easterly along the centerline of Woolbright Road to the
thth
centerline intersection of SW 10 Street/NW 8 Street; thence run northerly along the centerline of SW
thth
10 Street/NW 8 Street to the centerline intersection of Boynton Beach Boulevard and the POINT OF
BEGINNING.
(4) District No. 4. BEGINNING at the centerline intersection of the C. Stanley Weaver/Boynton
Beach Canal and the city's western corporate limits; thence run northerly, westerly, southerly, westerly,
northerly, easterly, northerly, easterly and northerly to the city's northern corporate limits, said northern
corporate limits being also the north right-of-way line of Hypoluxo Road; thence run easterly along the
city's northern corporate limits to the to the centerline of Interstate 95 (S.R. 9); thence run southerly
along the centerline of said Interstate 95 (S.R. 9) to the centerline intersection of Gateway Boulevard;
thence run westerly along Gateway Boulevard to the centerline intersection of Congress Avenue; thence
run southerly along Congress Avenue to the centerline intersection of the C. Stanley Weaver/Boynton
Beach Canal; thence run westerly along the centerline of the C. Stanley Weaver/Boynton Beach Canal to
the POINT OF BEGINNING.
495 of 534
Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ____ day of December, 2011.
496 of 534
SECOND, FINAL READING AND PASSAGE this _____ day of
January, 2012.
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)
497 of 534
498 of 534
499 of 534
500 of 534
501 of 534
502 of 534
13. E
LEGAL
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 11-034 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Providing for an amendment to the Pension Plan for the General Employees which
contained a scrivener’s error in the definition of “Actuarial Equivalence.”
ER:
The Ordinance 10-028 provided for an amendment to the Pension
XPLANATION OF EQUEST
Plan for the General Employees contained a scrivener’s error in the definition of “Actuarial
Equivalence.” This Ordinance corrects the error. The benefits under the Plan are measured
using the “interest rates, mortality and other actuarial tables in effect under the plan.” There
has been no change in the assumptions under the plan.
H?
It will have no effect on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services, but will make the Ordinance consistent with the Board’s action and the pension
administration.
FI:
None.
ISCAL MPACT
A:
None.
LTERNATIVES
503 of 534
504 of 534
505 of 534
506 of 534
507 of 534
13. F
LEGAL
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve (1) Closeout Change Order and Special Release
EQUESTED CTION BY ITY OMMISSION
(Field Change Directive No. 13) for GlobeTec Construction, LLC in connection with the Rolling Green
Stormwater and Water Main Improvement Project; and (2) Final Application for Payment in the amount
of $101, 710.55 to close out the project.
ER:
GlobeTec Construction, LLC (GlobeTec) has asserted, among
XPLANATION OF EQUEST
other matters that are resolved by Field Change Directive (FCD) No. 13, a claim against the
City totaling more than $450,000. GlobeTec generally alleged:
1. Water Service connections were not completed per City’s proposed schedule; and
2. The City forced work sequencing and excessive phasing of water main construction
City staff denied GlobeTec’s claims.
City staff, along with the assistance of the City’s Attorney’s office, and GlobeTec has agreed to
resolve the claim for $87,500 as FCD No.13, subject to City Commission approval.
On March 17, 2009, the City Commission awarded Bid #008-2821-09/JA, Rolling Green
Stormwater and Water Main Improvement Project, to GlobeTec Construction, LLC for
$3,489,346.60 and approved a 10% contingency of $348,934.00 for a total budget
appropriation of $3,838,280.60.
Of the $348,934.00 approved contingency, during the course of the project $143,847.22 was
spent for FCD No. 1 through FCD No. 13. Subsequently, the amount of the Closeout Change
Order ($52,782.12) was deducted from the $143,847.22, resulting in a net total of $91,065.10
spent contingency.
508 of 534
The $143,847.22 was documented on a total of thirteen (13) FCDs issued by the City. The
attached FCD log provides the details for each approved change. Additionally, the thirteen
(13) FCDs also granted a total time extension of twenty-eight (28) calendar days.
The following is a timeline of the executed FCDs:
FCD #1 3/8/10 $ 8,100.00
FCD #2 3/8/10 $6,385.67
FCD #3 5/12/10 $21,915.00
FCD #4 5/12/10 $5,000.00
FCD #5 7/12/10 $2,750.00
FCD #6 7/29/10 $5,496.00
FCD #7 9/20/10 $2,250.00
FCD #8 10/18/10 $3,000.00
FCD #9 11/28/11 (Adjustment to FCD #3) ($4,555.42)
FCD #10 11/28/11 $2,623.78
FCD #11 11/28/11 $764.40
FCD #12 11/28/11 $2,617.79
FCD #13 11/28/11 $87,500.00
TOTAL Total FCDs $143,847.22
The following is the project closeout which addresses project overruns/under runs and direct
owner purchase changes:
Closeout Project Overruns $19,766.86
Closeout DOP Material Credit – Direct Owner Purchase ($30,618.10)
Closeout DOP Tax ($41,930.88)
CLOSEOUT CHANGE ORDER ($52,782.12)
The final project accounting is as follows:
CONSTRUCTION CONTRACT - GlobeTec Construction, LLC
Reconciliation to close Purchase Order #090993 –
Original Purchase Order Value $3,489,346.60
Less Direct owner purchases ($698,848.00)
FCDs (#1 through #13) $143,847.22
Closeout Change Order ($52,782.12)
TOTAL CONTRACT $2,881,563.70
509 of 534
PROJECT CLOSEOUT
Current Purchase Order Value $2,826,510.84
Updated contract $2,881,563.70
Request for FINAL payment, Increase to Purchase Order $55,052.86
Total Payments to Contractor to date $2,779,853.15
FINAL Payment $101,710.55
Sub-Total Contract $2,881,563.70
Direct owner purchases $698,848.00
TOTAL PROJECT COST $3,580,411.70
Final Project Costs reflect a tax savings of $41,930.88 on direct owner purchases.
The Utilities Department recommends approval of the $87,500.00 claim resolution (FCD
No.13) and final payment for a total of $101,710.55, which includes FCD No. 13, in accordance
with the attached application for payment.
H?
All construction work for the project is
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
complete. Staff is seeking the City Commission’s approval to close out the project.
FI
: Funds are available in Utilities’ Account Nos. 403-5006-590-65-02 WTR121
ISCAL MPACT
and 403-5006-590-65-07 STM027; and Public Works’ Account Nos. 302-4904-541-63-24
CP0264 and 302-4905-580-63-24 CP0264.
A:
Reject settlement and litigate. The project would remain open until settlement
LTERNATIVES
is reached.
510 of 534
THIS INSTRUMENT PREPARED BY:
KERRY L. EZROL, ESQUIRE
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 EAST COMMERCIAL BOULEVARD
SUITE 200
FORT LAUDERDALE, FL 33308
SPECIAL RELEASE
SPECIAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That GLOBETEC CONTRUCTION, LLC, a Florida limited liability company, ("first party"), on its
own behalf and on behalf of all affiliated entities and persons, jointly and severally, for and in consideration
of the sum of EIGHTY SEVEN THOUSAND, FIVE HUNDRED and 00/100 ($87,500.00) DOLLARS, or
other valuable considerations, received from or on behalf of the CITY OF BOYNTON BEACH ("second
party"), the receipt and sufficiency whereof is hereby acknowledged, hereby remise, release, acquit, satisfy,
and forever discharge the second party, of and from any and all manner of action and actions, cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, liens,
assessments, executions, losses, attorneys' fees, court costs, expenses, claims and demands whatsoever, in
law or in equity, which first party ever had, now has, or which any personal representatives, successor, heir
or assign of first party, or anyone claiming by, through or under them or any of them, hereafter can, shall or
may have, against said second party, for, upon or by reason of any matter, cause or thing whatsoever,
known or unknown, fixed or contingent, matured or unmatured from the beginning of the world to the day
of these presents arising out of or in any way related to the Contract for Construction Service, dated
December 18, 2008, between the CITY OF BOYNTON BEACH and GLOBETEC CONSTRUCTION,
LLC for the Rolling Green Stormwater and Water Main Improvement Project.
First party hereby represents and acknowledges that any and all of them have obtained independent
legal counsel before signing this instrument, that they have been fully advised that this instrument shall be
legally binding upon them.
511 of 534
(Wherever used herein the terms "first party" and "second party" shall include singular and plural,
heirs, legal representatives, and assigns of individuals, and the past and present commissioners, agents,
officers, stockholders, directors and employees, and the successors and assigns of corporations.)
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of
________________ 2011.
Signed, sealed and delivered in GLOBETEC CONSTRUCTION, LLC
the presence of: A Florida limited liability company,
By:
Antonio Assenza, Title:____________
(Print Name)
Dated:
(Print Name)
H:\2011\110292\Special Release (10.25.11).doc
512 of 534
513 of 534
514 of 534
515 of 534
516 of 534
517 of 534
518 of 534
519 of 534
520 of 534
521 of 534
522 of 534
523 of 534
524 of 534
525 of 534
526 of 534
527 of 534
528 of 534
529 of 534
14. A
FUTURE AGENDA ITEMS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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
st
RACC:
1 Qtr update on Mae Volen Transportation Program -
EQUESTED CTION BY ITY OMMISSION
1/17/12
ER:
Per the request of the Commission, staff will prepare quarterly
XPLANATION OF EQUEST
status reports on ridership of the Mae Volen Transportation Program.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
530 of 534
14. B
FUTURE AGENDA ITEMS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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
rdth
RACC:
3 & 4 Qtr 2011 combined Climate Action Plan update -
EQUESTED CTION BY ITY OMMISSION
1/17/12
ER:
Staff continues to further the implementation strategies and every
XPLANATION OF EQUEST
quarter a report will be provided to the City Commission on the status of implementation of the
strategies listed in Section 4 of the Climate Action Plan.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
531 of 534
14. C
FUTURE AGENDA ITEMS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Brand Promise Committee Report - 2/7/12
EQUESTED CTION BY ITY OMMISSION
ER:
The Brand Promise Committee is charged with
XPLANATION OF EQUEST
the fulfillment of the next two steps of the City’s Branding Initiative, the Brand
Assessment* and development of the Brand Promise*. The Committee members will
jointly develop the Promise with recommended Action Steps. A final draft of
the Promise will be presented to the Boynton Beach City Commissioners for their
review/comments/approval at their February 7, 2012 meeting.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
532 of 534
14. D
FUTURE AGENDA ITEMS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
December 6, 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:
Economic Development Implementation Program update -
EQUESTED CTION BY ITY OMMISSION
2/7/12
ER:
Staff will provide a status update on the implementation initiatives
XPLANATION OF EQUEST
of the Economic Development Program.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
533 of 534
14. E
FUTURE AGENDA ITEMS
December 6, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
November 15, 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:
Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - TBD
ER:
Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
534 of 534