Loading...
Agenda 12-01-20The C ity of Boynton Beach City Com m ission Agenda Tuesday, December 1, 2020, 5:30 PM G oToWebin ar O n l ine Meeting and City Hal l Commu n ity Room, 100 E. O cean Aven u e Boynton Beach City Commission M ayor S teven B . Grant (A t Large) Vice M ayo r Ty P enserga (District I V ) C ommissio ner Justin K atz (District I) C ommissio ner Wo odrow L. H ay (District I I) C ommissio ner Christina L. Ro melus (D istrict I I I) Lori LaVerriere, C ity M anager James Chero f , C ity A tto rney C rystal Gibso n, C ity Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Page 1 of 453 W elcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of B oynton Beach C ommission Meetings The Agenda: There is an official agenda for every meeting of the C ity C ommissioners, which deter mines 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 major ity 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 I tems that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Due to the C OV I D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToW ebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on December 1, 2020 or calling (561) 742-6006 and leaving a message on the public comment Page 2 of 453 hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 453 1.Openings A.Call to Order - Mayor Steven B. Grant I nvocation by Rabbi Dr. Solomon Rothstein, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2.Other A.I nformational items by Members of the City Commission 3.Announcements, Community And Special Events And Presentations A.Announce P earl Harbor Remembranc e Day Ceremony being held at Tom Kaiser, US N, Boynton Beach Veterans Memorial Park on Monday, Dec ember 7th, at 12:00 P M. C D C guidelines will be followed. B.Announce the lighting of Downtown Boynton on Tuesday, December 1, 2020 immediately after the City Commission meeting in front of City Hall. 4.Public Audience Individual Speakers W ill 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 C ity Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A.Legal Expenses - October, 2020 - I nformation at the request of the City Commission. No action required. B.Proposed Resolution N o. R20-131 - Authorize the Mayor to sign all documents assoc iated with the acc eptance and grant agreement for the Edward Byrne Memorial J ustic e A ssistance Grant (J A G) subject to the approval of the City Attorney. C.Proposed Resolution No. R20-132 - Releasing the Declaration of Unity of Title for Habitat for Humanity of South Palm Beac h County (a.k.a. HF H) to allow establishment of individual parcels and property c ontrol numbers for eac h of the two duplex units and satisfy lending requirements. Applicant: J effrey Fengler, Habitat for Humanity of S. Palm Beach County. D.Proposed Resolution No. R20-133 - Approving the Declaration of Unity of Control for the property constructed with a duplex by Habitat for Humanity of South Palm B each C ounty (a.k.a. Page 4 of 453 HF H), as required to satisfy lending requirements. Applic ant: J effrey Fengler, Habitat for Humanity of S. Palm Beach County. E.Approve the one-y ear extension for RF Ps/Bids and/ or piggy -backs for the proc urement of services and/or c ommodities as desc ribed in the written report for December 1, 2020- "Request for Extensions and/or Piggybacks." F.Proposed Resolution No. R20-134 - Authorize the May or to sign an I nterlocal Agreement between the City and C RA for the funding of the Tree Canopy Coverage Project. G.Approve minutes from the City Commission meeting on November 4, 2020. 7.Consent Bids And Purchases Over $100,000 A.Approve the purchase of twenty-five (25) replac ement vehicles as approved in the fisc al year 20/21 fleet replacement budget in the estimated amount of $762,708 by utilizing the following contract: Florida S heriffs Association, F S A20-V E L 28.0. The Florida Sheriffs Association contract satisfies the City's procurement requirements. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City C ommission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed O rdinance No. 20-039 - Second Reading - Approve W ells Landing North Rezoning from C-2, Neighborhood C ommercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elisabeth Roque/ W ells Landing Apartments LLC B.Approve W ells Landing North (NW S P 20-004) for a mixed-use development c onsisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, assoc iated parking and related site improvements on a 1.23-acre site. Applic ant: Elizabeth Roque, Wells Landing Apartments LLC. (Tabled from the November 4, 2020 Commission meeting.) C.Proposed O rdinance No. 20-043 - Second Reading - Request for abandonment of a portion of the S W 6th Street right-of-way c onsisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 S W 25th Avenue (A B A N 20-010). 9.City Manager ’s Report - None 10.Unfinished Business - None 11.New Business A.Review and action on Annual Performance Evaluation for the City Manager. 12.Legal - None 13.Future Agenda Items A.Discuss attainable housing options for future development in Boynton Beach. - December 15, 2020 B.I LA for Women's Club transfer to the City - December 15, 2020 C.Staff to provide Executive Summary of discussion on poly styrene foam waste reduction options that were disc ussed during at the November 17, 2020 C ity C ommission meeting. - December 15, 2020 Page 5 of 453 D.Recommendations from the Recreation & Parks Advisory Board for the naming of City facilities in the downtown/town square area will be presented to the City Commission for approval. - December 15, 2020 E.Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 F.I LA for Sara Sims Park Pavilion I mprovements - February 2021 G.Vice Mayor Penserga requested a discussion regarding a City Mural Program - TB D H.Discussion on funding for expanding W i-Fi to City parks. - T B D I .Discussion of L OI process for sale of city land - TB D J .Proposed O rdinance N o. 20-034 - First Reading - Approve Legacy at Boynton Beach (RE ZN 20-001) rezoning subject property from C B D (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of S E 2nd Avenue and Federal Highway. Applic ant: Evan Vlaeminck of GC I Acquisitions LLC. - T B D K.Proposed Ordinance N o. 20-035 - First Reading - Approve Legacy at Boynton Beach (A B A N 20-009) abandoning a portion of the improved 45 foot wide right-of-way of S E 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applic ant: Evan Vlaeminck of GC I Acquisitions L L C. - T B D L.Approval of Legacy at Boynton Beac h (NW SP 20-003) new site plan applic ation for a mixed-use development c onsisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated rec reational amenities and parking on a 2.76 ac re site. Applicant: Evan Vlaeminck, GC I Acquisitions LLC. - T B D 14.Adjournment Notice If a pers on decides to appeal to any decis ion made by the City Commis s ion with res pect to any matter cons idered at this meeting, He/She will need a record of the proceedings and, for such purpos e, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the tes timony and evidence upon which the appeal is to be based. (F.S. 286.0105) The city shall furnis h appropriate auxiliary aids and services where neces s ary to afford an individual with a dis ability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Pleas e contact the City Clerk's office, (561) 742- 6060 or (TTY) 1-800-955-8771, at leas t 48 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 publis hed on the city's web s ite can be obtained from the office of the City Clerk. Page 6 of 453 1.A. OP E NI NG I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Call to Order - Mayor Steven B. Grant I nvocation by Rabbi Dr. Solomon Rothstein, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? No Grant Amount: Page 7 of 453 2.A. OTHE R 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: I nformational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 8 of 453 3.A. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Announce Pearl Harbor Remembrance Day Ceremony being held at Tom Kaiser, US N, Boynton Beach Veterans Memorial Park on Monday, December 7th, at 12:00 P M. C D C guidelines will be followed. Explanation of Request: The Boynton Beach Veteran's Council will host a Pearl Harbor Remembrance Day Ceremony on December 7, at 12:00 P M. The event will held at Tom Kaiser, US N, Boynton Beach Veterans Memorial Park, and all C D C guidelines will be followed. How will this affect city programs or services? No affect on City Programs or Services. Fiscal Impact: Non-budgeted No Fiscal I mpact Alternatives: Not to make the announcement Strategic Plan: Boynton Beach Branding Strategic Plan Application: Hosting special events provide an opportunity for more residents and non- residents to visit Tom Kaiser, US N Boynton Beach Veterans Memorial Park. C L IMAT E AC T IO N AP P LIC AT IO N: None Is this a grant? Grant Amount: Page 9 of 453 3.B. A NNOUNC E ME NTS, C OMMUNI TY A ND S P E C I A L E V E NTS A ND P RE S E NTATI ONS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Announce the lighting of Downtown Boynton on Tuesday, December 1, 2020 immediately after the City Commission meeting in front of City Hall. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 10 of 453 5.A. A D MI NI S TRATI V E 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible. Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building W ealth in the Community Strategic Plan Application: Building W ealth in the Community C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Attachment Appointments and Applicants for December 01, 2020 Page 11 of 453 Appointments and Applicants for December 01, 2020 ______________________________________________________________________ Building Board of Adjustments and Appeals IV Penserga Alt 1 yr term to 3/21 (Tabled 3)* Mayor Grant Reg 2 yr term to 3/22 (Tabled 3) I Katz Reg 2 yr term to 3/22 (Tabled 3) Applicants: None Education and Youth Advisory Board Mayor Grant STU V 2 yr term to 3/22 (Tabled 3) Applicants: None Library Board IV Penserga Alt 1 yr term to 3/21 (Tabled 3) Applicants: None *All terms were updated from ending in December to ending in March, reflecting the extension provided by Ordinance No. 20-016 Page 12 of 453 6.A. C ONS E NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Legal Expenses - October, 2020 - I nformation at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Attachment Goren Cherof October 2020 I nvoices Attachment Goren Cherof Risk Litigation October 2020 I nvoices Attachment Outside Counsel Readon October 2020 I nvoice Page 13 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-0603180 Boynton Beach FL 33435 STATEMENT NO: 33542 Attn: Lynn Swanson LABOR - General HOURS 10/02/2020 JAC Review SEIU draft contract; review former city clerk severance issues 0.80 10/12/2020 SHB Telephone conference with PD re: IA and PIU matters.0.30 10/23/2020 SHB Telephone conference with Spates re: IA matters.0.10 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 SHANA H. BRIDGEMAN 0.40 205.00 82.00 TOTAL CURRENT WORK 246.00 BALANCE DUE $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 14 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-0806020 Boynton Beach FL 33435 STATEMENT NO: 33543 Attn: Lynn Swanson Red Light Cameras HOURS 10/01/2020 PE Converted 43 Boynton notices to PDF/A and e-filed.5.50 SHB Review and approve NOIs.0.50 10/08/2020 SHB Review ATS contract and follow up with City re: renewal and RFP matters.0.60 10/09/2020 PE Sort organized and prepared Boynton notices for 10/27/2020 hearing.5.20 SHB Review contract and follow up with Chief re: renewal option.0.60 10/13/2020 PE Sort and organized Boynton notices, updated SHB calendar, updated tracking log.2.10 SHB Various correspondence re: contract matters.0.10 10/15/2020 SHB Review and approve NOIs.0.50 PE Prepared 40 Boynton notices for SHB approval.3.70 10/16/2020 PE Converted 40 Boynton to PDF/A and e-filed. Sent pro se notices to printer and envelopes for mailing.6.40 10/18/2020 PE Sort organized and prepared Boynton notices for 10/27/2020 hearing, converted to PDF/A and e-filed.5.70 10/21/2020 PE Converted Boynton notices to PDF/A e-filed and printed pro se notice for mailing.3.10 10/22/2020 SHB Telephone conference with Verrigni re: upcoming hearings.0.10 10/26/2020 SHB Prepare for constitutionality motion and upcoming trials. Review supreme court and local administrative orders re: covid procedures. Review various pleadings and case law. Follow up with PD re: status of other attorney cases.4.00 10/27/2020 SHB Prepare for and attend RLC trials and hearings on defense motions.5.00 10/28/2020 SHB Receive and review order on defense motion to continue.0.20 10/29/2020 MDC Review court order on Exchange of Evidence; telephone call with SHB on how to address continued hearings.0.50 SHB Discuss pending trials and program matters with MDC.0.30 10/30/2020 SHB Review and approve NOI.0.10 PE Prepared and efiled Boynton notice.1.60 Page 15 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-0806020 STATEMENT NO: 33543 Red Light Cameras HOURS FOR CURRENT SERVICES RENDERED 45.80 6,725.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $205.00 $102.50 SHANA H. BRIDGEMAN 12.00 205.00 2,460.00 PATRICIA EUGENE 33.30 125.00 4,162.50 Photocopies 21.70 TOTAL EXPENSES THRU 10/31/2020 21.70 TOTAL CURRENT WORK 6,746.70 BALANCE DUE $6,746.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 16 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9304150 Boynton Beach FL 33435 STATEMENT NO: 33545 Attn: Lynn Swanson Bankruptcy HOURS 10/20/2020 KLE Emails/review documents re: Ka Hock Go 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 17 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9904950 Boynton Beach FL 33435 STATEMENT NO: 33546 Attn: Lynn Swanson Litigation Miscellaneous HOURS 10/01/2020 GB Telephone conference call with JAC regarding library incidents. Telephone conference call with City regarding scheduling conference call with library director. Emails with City and JAC regarding phone conferences.0.40 10/03/2020 JAC Review pleadings from pending toward defense, foreclosure, forfeiting, red light cases; Prepare notes for discussion with assistant city attorneys on pending assigned cases, discovery issues, and research issues 3.20 10/05/2020 TAD Confer with risk regarding park incident.0.40 SMS Review of Habitat property ownership information for adjuster based on property damage 0.40 GB Telephone conference call with Jeannie Taylor regarding 9/4 and 9/9 incidents at the library. Reviewed incident reports to prepare for phone call. Drafted conference call report and email to JAC. Legal research regarding constitutional rights of an individual to attend the library.2.40 10/06/2020 GB Telephone conference call with JAC regarding library incident. Drafted memo summarizing conversation with City library staff. Legal research regarding rules of library conduct upheld by the court. Telephone conference call with City library staff regarding trespass warning. Edits to library code of conduct.3.10 10/07/2020 GB Continued editing library code of conduct. Legal research regarding library rules that have been upheld as constitutional. Legal research regarding using internet in the library and restricting internet use. Legal research regarding soliciting and selling at the library. Email to JAC regarding legal research.2.00 10/08/2020 TAD Receipt and review of correspondence re: waiver. Review waiver. Prepare correspondence to City re: same. Receipt of additional correspondence re: waiver and review changes. Prepare additional correspondence to City.0.70 GB Continued working on revisions to library's code of conduct.0.40 10/09/2020 GB Telephone conference call and email with JAC regarding library code of conduct revisions. Legal research regarding customer's first amendment rights in the library. Legal research regarding service animals. Draft revisions to Library Code of Conduct.2.30 10/12/2020 GB Emails with JAC regarding Library Code of Conduct.0.10 10/13/2020 GB Reviewed video of commissioner's meeting on 9/8/2020 for public comment Page 18 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9904950 STATEMENT NO: 33546 Litigation Miscellaneous HOURS regarding library. Email to JAC regarding meeting.0.60 BJS Legal Research nd FOllow up re: Rodney Caldwell/motion to return property 0.80 10/14/2020 BJS Follow up re: Return of Property 0.30 10/15/2020 BJS Review correspondence and draft response re: Motion to Return Property, review correspondence adn follow up re: Evidence Room 0.70 10/16/2020 TAD Receipt and review of correspondence re: sharing agreement. Review claims and prepare response to same.0.40 BJS Follow up with Tom D'Andrea re: Caldwell, and follow up with opposing counsel.0.60 10/19/2020 GB Telephone conference call with City regarding Library. Emails with JAC regarding telephone conference call with City re: Library.0.70 TAD Receipt and review of correspondence re: accident claim. Review report and incident report re: same.0.40 10/20/2020 HN Review of draft of quitclaim deed from the City to the CRA for the property located at 1102 N. Federal HIghway. Email exchanges with RL and phone call. Phone call with Lynn Swanson regarding releasing the liens before transferring property to CRA.0.50 JAC Review pleadings and case status in foreclosure cases 1.50 10/22/2020 BJS Telephone call with Ade Griffin and follow up re: Return of Property 0.30 10/23/2020 GB Emails with JAC regarding public comment regarding library at CRA meeting. Reviewed CRA meeting footage for public comment regarding library.0.90 10/26/2020 GB Reviewed City correspondence regarding flood issues in the City in preparation for possible telephone conference call with the City.0.20 10/27/2020 TAD Receipt and review of correspondence from City re: proposed release. Review release and prepare correspondence to City re: same.0.40 GB Emails with LS and JAC regarding library.0.10 10/28/2020 GB Reviewed JAC's edits of library code of conduct. Telephone conference call with JAC regarding edits to code of conduct. Edits to Library Code of Conduct. Emails with City regarding library.2.30 BJS Review and follow up re: Caldwell Return of Property/Settlement 0.30 10/29/2020 TAD Receipt and review of correspondence re: claim information. Review incident report re: same.0.30 GB Emails with city regarding library. Telephone conference call with City regarding library.0.60 BJS Review correspondence and follow up re: Return of Firearm 0.30 10/30/2020 BJS Draft Agreed Order on Motion to Return Property re: Caldwell, review and follow up re: Disposition/Davis, telephone call re: Markiss/Return of Firearm and review file 1.40 GB Telephone conference call with City regarding library code of conduct and security cameras. Emails with JAC regarding revisions to library code of conduct. Emails with City regarding new library Code of Conduct. Drafted and revised to Code of Conduct.1.90 Page 19 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9904950 STATEMENT NO: 33546 Litigation Miscellaneous HOURS FOR CURRENT SERVICES RENDERED 30.90 6,334.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.70 $205.00 $963.50 SEAN M. SWARTZ 0.40 205.00 82.00 HEATHER NEEDELMAN 0.50 205.00 102.50 GAL BETESH 18.00 205.00 3,690.00 BRIAN J. SHERMAN 4.70 205.00 963.50 TRACEY A. DECARLO 2.60 205.00 533.00 Photocopies 4.90 TOTAL EXPENSES THRU 10/31/2020 4.90 TOTAL CURRENT WORK 6,339.40 BALANCE DUE $6,339.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 20 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905184 Boynton Beach FL 33435 STATEMENT NO: 33547 Attn: Lynn Swanson adv. Cleveland, Darren (Federal National Mortgage Association) HOURS 10/13/2020 SHB Receive and review notice of hearing.0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 21 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905263 Boynton Beach FL 33435 STATEMENT NO: 33548 Attn: Lynn Swanson Town Square Development HOURS 10/01/2020 RLL Review temporary parking easements and termination of parking agreements signed by JKM.0.40 JAC Begin review-comparison of signed parking easement documents from JKM attorney; discuss with Racheal L; call to Colin Groff regarding same 0.70 10/02/2020 RLL Review letter from attorney for JKM regarding Section 8 of Development Agreement.0.30 DJD Review correspondence from counsel for JKM.0.30 JAC Preparation and review with Colin Groff for presentation of status of town Square project; review emails with JKM and check him attorney regarding timing of parking garage build out 1.60 10/05/2020 DJD Participate in conference call with City Staff. Address Notice of Completion for Fire Station and City Hall.1.30 JAC Conference call and follow up to review JKM letter Regarding parking garages and related issues; additional prep for city commission meeting regarding same 1.60 10/12/2020 JAC Review Colin Groff analysis of TIF calculations for Townsquare; follow up on certificates of completion and release of easements 0.80 10/13/2020 RLL Review Termination of Easements and new Easements to confirm latest version signed and all exhibits attached.0.50 10/14/2020 RLL Attend telephone conference call with DJD, JAC, city manager and assistant city manager to discuss response to letter from counsel for John Markey.0.50 DJD Participate in conference call.0.50 10/16/2020 JAC Review consolidated town Square documents prepared by CG for a response to breach of contract/non-compliance issue asserted by JKM 2.80 10/20/2020 DJD Address documents.0.30 10/21/2020 DJD Address status of certificates of completion.0.40 JAC Weekly conference call with Colin Groff regarding status of report to commission and authorization for contract action; continue review of Groff consolidated documents and outline for discussion with Commissioners 1.80 10/28/2020 JAC Weekly status conference call; prep reference documents for discussion with individuals and Commissioners 1.30 Page 22 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905263 STATEMENT NO: 33548 Town Square Development HOURS DJD Telephone conference call with City Staff.0.60 10/30/2020 DJD Review of Groff documents.0.70 FOR CURRENT SERVICES RENDERED 16.40 3,226.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 10.60 $205.00 $2,173.00 D.J. DOODY 4.10 205.00 840.50 RACHEL L LEACH 1.70 125.00 212.50 Photocopies 0.70 TOTAL EXPENSES THRU 10/31/2020 0.70 TOTAL CURRENT WORK 3,226.70 BALANCE DUE $3,226.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 23 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905407 Boynton Beach FL 33435 STATEMENT NO: 33549 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Circuit Ct App Shah, Kirit and Dipka HOURS 10/06/2020 SHB Receive and review appellate order. Send update to all interested parties.1.00 10/29/2020 SHB Receive and review Mandate. Draft final memo to Commission re: conclusion of appeal.1.00 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.00 $205.00 $410.00 TOTAL CURRENT WORK 410.00 BALANCE DUE $410.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 24 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905424 Boynton Beach FL 33435 STATEMENT NO: 33550 Attn: Lynn Swanson adv. Al-Hattab, Andrew (Appeal - RLC Magistrate) HOURS 10/09/2020 SHB Receive and review Motion for Rehearing.0.30 10/13/2020 SHB Receive and review Order Denying Motion for Rehearing.0.30 10/30/2020 SHB Receive and review Notice of Appeal; discuss with MDC.0.30 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 25 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905432 Boynton Beach FL 33435 STATEMENT NO: 33551 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 10/07/2020 CLD Drafted Motions for Clerk Default against unknown tenants #2 and #3; e-filed same.0.60 HN Review of edit of motion for clerk's default on tenants.0.40 10/19/2020 CLD Drafted Motion to Strike Affirmative Defenses re: Amended Complaint; e-filed same; second drafting and e-filing of Motions for Clerk Defaults as to unknown tenants 2 and 3 after clerk's rejection in error of first filing.0.60 10/20/2020 SHB Discuss foreclosure and nuisance matters with HN.0.10 10/21/2020 HN Phone discussions with JAC and SHB regarding message from Chief of Staff from Commissioner Bernard's Office. Called and left voice message for Lori. Discussion with Lori about subject property. Called back Wilneeda Emmanuel from Commissioner Mack Bernard's office and left her a voice message.0.50 CLD Phone call with Palm Beach Clerk re: filed Motions for Clerk Default against unknown tenants; drafted Affidavit of Unknown Military Status for tenants Smith and Montgomery.1.50 SHB Discuss case matters with HN.0.10 10/22/2020 HN Discussion with Wilneeda Emmanuel, aide to Palm Beach County Commissioner Mack Bernard. Follow up discussion with JAC and SHB. Phone call and message for Lori. Phone discussion Lori.0.50 CLD Phone calls and drafted email to PBSO Court Services Division re: corrections to PBSO Returns of Service as requested by the clerk's office.0.40 10/28/2020 HN Review of four notice of filings with the court. Affidavits of non-military service and the revised return of service for tenants 2 and 3.0.20 10/30/2020 HN Coordinating hearing on motion to strike defendant's affirmative defenses.0.10 FOR CURRENT SERVICES RENDERED 5.00 777.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.70 $205.00 $348.50 SHANA H. BRIDGEMAN 0.20 205.00 41.00 CYNTHIA L. DUNN 3.10 125.00 387.50 Page 26 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905432 STATEMENT NO: 33551 Laurore, Iva and Renan (Code/Foreclosure) Photocopies 1.40 TOTAL EXPENSES THRU 10/31/2020 1.40 TOTAL CURRENT WORK 778.40 BALANCE DUE $778.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 27 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905433 Boynton Beach FL 33435 STATEMENT NO: 33552 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 10/01/2020 HN Edits to draft response to Karen Ho's September 28, 2020 filing with the court. Discussion with JAC to file our response to Karen Ho's filing.0.40 CLD Drafted City's response to Karen Ho's filing dated September 28, 2020 and her re-filed Motion to Dismiss; e-filed same; service to pro se Defendant, Karen Ho.0.40 10/02/2020 HN Preparation for 10/7/20 hearing on the City's Motion for Judicial default. Review of the Judge's instruction and coordination of documents to be mailed to the Judge.1.30 CLD Assemble multiple documents for (4) binders for 10/07/20 UMC hearing on City's Motion for Judicial Default; email and phone instructions to MM for FedEx and mailing of binders; created index and cover; drafted cover letter to Judge Hafele.2.50 10/05/2020 HN Review of binder in preparation for hearing on City's motion for judicial default scheduled for October 7, 2020. Phone call and left voice message for JA for Judge Hafele.0.40 CLD Compiled materials, drafted email to transmit to Karen Ho for 10/07 hearing.0.30 10/06/2020 HN Review of binder prepared for motion for judicial default hearing on 10/7/20. Review of case law.1.40 10/07/2020 HN Preparation and attendance of hearing of City's motion for Judicial default. Review of Judge's order.1.50 10/08/2020 CLD Drafted and e-filed Certificate of Mailing as to service of Order on pro se defendants.0.20 10/09/2020 HN Pursuant to Judge's Order, preparing response to Karen Ho's refiled motion to dismiss. Research as to issues raised in motion to dismiss. Review of Chapter 49 relating to service by publication 2.30 10/12/2020 HN Review of Chapter 49, Florida Statutes. Review of Affidavits in compliance with Chapter 49. Coordination for Affidavit from City Attorney's office and the process server.0.70 HN Edits to reply to motion to dismiss. Email to Tanya Guim and Tammy Stanzione regarding proof of mailing notices to Karen Ho. Review of legal description on quitclaim deed and legal description on complaint.1.60 10/13/2020 HN Coordinating scheduling hearing in compliance with Judge's order. Page 28 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905433 STATEMENT NO: 33552 v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS Request of service processor's status on Wing Ho. Email exchanges with Tammy Stanzione from the clerk's office. Drafting reply to Karen Ho's motion to dismiss.1.40 10/14/2020 HN Phone call to John at Compass and follow up email related to the Skip trace and the affidavits for service by publication. Phone call to JAC about PBSO serving Wing. Email exchanges with process server regarding service to Wing Ho. Drafting reply to motion to dismiss in response to claims related to statute of limitations, notice, and failure to state of claim. Review of the City's Code of Ordinances regarding notice of assessment and statute of limitations of foreclosing on assessments. Emails to Tanya Guim regarding notice of assessment related to two nuisance abatement liens.3.20 CLD Drafted Motion for Extension of Time to Serve WH; research and draft Affidavit for Constructive Service; follow up with Compass re: service and additional addresses, advise Compass to discontinue attempting service; online calendaring search for special set hearing dates; discussions/emails to/from HN; phone call to PBSO and draft cover letter to PBSO for service on Wing Ho; instructions re: check req and mailing.2.10 10/15/2020 HN Drafting reply to motion to dismiss. Research as to Florida Constitution right to protect property impacts on foreclosure cases. Discussion with BJS regarding whether we need to add AKA 1103 to address.1.50 BJS Telephone call with HLN and review of records 0.50 10/16/2020 HN Left voice message with Tanya Guim. Phone call to Judge Hafele's JA. Email to Karen Ho with dates of availability for hearing on her motion to dismiss. Further edits to reply to motion to dismiss.1.20 10/19/2020 HN Discussion with TAD regarding motion to set a hearing status conference if Karen Ho fails to coordinate date with us on her motion to dismiss. Drafting motion to dismiss. Review of Chapter 162, Florida Statutes and Section 695.01(3), Florida Statutes. Westlaw research on constructive notice. Incorporate statutes and case law into motion to dismiss.1.50 10/22/2020 HN Coordinating setting the hearing to dismiss despite Karen Ho's lack of response to coordinate hearing. Email exchange with TAD regarding setting hearing on motion to dismiss of moving court to set a CMC. Conversation with TAD regarding legal strategy of moving case along despite Karen Ho's lack of response to pick a date of a hearing on her motion to dismiss. Review of emails of efforts to set hearing with Karen Ho.1.10 CLD Attempted phone calls to Defendant, Karen Ho; phone call with judicial assistant; drafted email to Karen Ho; discussions with HN.0.70 JAC Review pleadings and evaluate status and options 0.50 10/23/2020 CLD Drafted City's Motion for Case Management Conference; discussions with HN; e-filed same; phone call with judicial assistant; drafted Notice of Hearing, e-filed, submitted e-courtesy copies; effected service on pro se defendant.2.00 HN Review and revise of draft motion requesting the court to set a case management conference re: Karen Ho's motion to dismiss.0.50 10/27/2020 HN Reviewing and editing draft response to motion to dismiss. Review of Motion to Dismiss relating to legal description allegation and review of recorded documents in the amended complaint.2.30 Page 29 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905433 STATEMENT NO: 33552 v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 10/28/2020 HN Review of exhibits to reply and edits to reply. Email to MDC with draft.0.90 10/30/2020 HN Discussion with MDC regarding response. Research related to elected body speaking on behalf of commission and not one individual. Edits of response to Karen Ho's Motion to Dismiss.2.10 MDC Review draft Motion to Dismiss, provide comments to HN.0.40 FOR CURRENT SERVICES RENDERED 34.90 6,498.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 MICHAEL D. CIRULLO 0.40 205.00 82.00 HEATHER NEEDELMAN 25.30 205.00 5,186.50 CYNTHIA L. DUNN 8.20 125.00 1,025.00 BRIAN J. SHERMAN 0.50 205.00 102.50 Photocopies 100.10 TOTAL EXPENSES THRU 10/31/2020 100.10 10/15/2020 Palm Beach County Sheriff's Office - Service of Process 40.00 40.00 10/02/2020 Federal Express - Invoice 7-162-28668 19.78 10/02/2020 Federal Express - Invoice 7-162-28668 16.17 35.95 TOTAL ADVANCES THRU 10/31/2020 75.95 TOTAL CURRENT WORK 6,674.55 BALANCE DUE $6,674.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 30 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905434 Boynton Beach FL 33435 STATEMENT NO: 33553 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 10/01/2020 HN Email to opposing counsel Jordan Brill for status on settlement agreement. Review of response email from Jordan Brill. Review of email from Jordan Brill with the executed agreements. Email to RL.0.40 JAC Review status and form of settlement agreement documents; discuss with Heather Needleman 0.70 10/02/2020 HN Phone call discussions with JAC, Lynn Swanson and RL related to the doc stamp amount related to the settlement agreement. Review of Jordan Brill's emails related to mailing the City originals of the signed settlement agreement and corresponding documents. Email exchanges with RL. Phone call and left voice message for Adam Temple.0.70 10/05/2020 RLL Review legal description on surveys provided against legal description on settlement agreement and warranty deed.0.50 HN Review of signed agreement and corresponding documents. Email exchange with Tanya Guim. Phone call discussion with RL regarding amount owed on the doc stamps. Phone call discussion with Adam Temple.0.70 10/06/2020 HN Reached out to city for confirmation on amount owed on lot lien and utility lien so we have the correct doc stamp amount when we send to the CRA. Follow up with CIty as to signing settlement agreement. Phone call discussion with Theresa Utterback from the CRA. Discussion with RL and TC related to recording the deed and the doc stamp amounts. Email to RL as to next steps. Phone call with Theresa. Email to Mike Simon cc Theresa, JAC, RL, Viki Hill regarding amount owed for recording deed and doc stamps amount, including wire instructions.2.20 RLL Work on calculation of recording costs for deed in lieu of foreclosure.0.40 10/07/2020 HN Phone call discussion with Viki Hill regarding wire transfer. Review of emails related to the transfer. Follow up email to RL. Email to DJD cc JAC and RL re next steps after the deed is recorded. Phone call and left message for Jordan Brill. Discussion with RL.0.70 10/08/2020 HN Discussion with RL regarding recording the deed. Phone call discussion with opposing counsel Jordan Brill. Discussion with BJS regarding filing notice of voluntary dismissal.0.60 RLL Prepare recording of deed in lieu of foreclosure in the public records.0.40 10/09/2020 HN Discussion with Lynn Swanson related to releasing liens. Review of Florida Page 31 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905434 STATEMENT NO: 33553 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS Rules of Procedure relating to Voluntary Dismissal of the case.0.30 10/14/2020 HN Phone discussion with Adam Temple regarding status of recording deed. Phone discussion with RL regarding recording deed and drafting deed to convey property to CRA.0.20 10/15/2020 HN Review of deed and email to Jordan Brill, RL and Lynn Swanson cc JAC. Email to Adam Temple. Phone call discussion with Jordan Brill as to next steps. Email to RL.0.70 10/16/2020 HN Review of notice of voluntary dismissal with prejudice. Email exchange with opposing counsel with the executed agreement and the recorded deed. Discussion with Lynn Swanson about deed to CRA. Email to JAC. Phone calls with Jordan Brill regarding the building and the back entrance.0.90 10/19/2020 HN Email exchange with JAC regarding dismissal with prejudice. Phone call discussion with Adam Temple. Review of notice to dismiss with prejudice. Email to RL regarding quitclaim deed to CRA. Discussion with Lynn Swanson. Phone call to Jordan Brill's office.0.60 CLD Drafted Notice of Filing Dismissal; e-filed same.0.20 10/20/2020 RLL Preparation of quit claim deed to BBCRA.0.50 FOR CURRENT SERVICES RENDERED 10.70 2,033.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 HEATHER NEEDELMAN 8.00 205.00 1,640.00 RACHEL L LEACH 1.80 125.00 225.00 CYNTHIA L. DUNN 0.20 125.00 25.00 Photocopies 18.55 TOTAL EXPENSES THRU 10/31/2020 18.55 TOTAL CURRENT WORK 2,052.05 BALANCE DUE $2,052.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 32 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905435 Boynton Beach FL 33435 STATEMENT NO: 33554 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 10/20/2020 HN Review of Chapter 13 filing. Email exchange with JAC.0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 33 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905436 Boynton Beach FL 33435 STATEMENT NO: 33555 Attn: Lynn Swanson Hall-Mark RTC HOURS 10/08/2020 QEM Review of information provided by Mr. Darty re: Fleet purchase of fire suppression vehicle through co-op.0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 34 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905441 Boynton Beach FL 33435 STATEMENT NO: 33556 Attn: Lynn Swanson Sale to Pulte Group - approx.. 14.7 acres off Nickels Blvd. HOURS 10/05/2020 RLL Review letter from buyer requesting amendment to contract.0.30 DJD Review correspondence.0.20 10/06/2020 RLL Telephone conference call with DJD and JAC regarding status of commission approval of purchase and sale agreement.0.40 DJD Review documents; Review Florida Statute. Telephone conference call with Jim Cherof.0.60 MDC Miscellaneous review of research, telephone call with JAC on status of Agreement and Agenda item.0.50 10/13/2020 DJD Review of appraisal from Anderson Carr.0.30 FOR CURRENT SERVICES RENDERED 2.30 415.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 1.10 $205.00 $225.50 MICHAEL D. CIRULLO 0.50 205.00 102.50 RACHEL L LEACH 0.70 125.00 87.50 Photocopies 1.40 TOTAL EXPENSES THRU 10/31/2020 1.40 TOTAL CURRENT WORK 416.90 BALANCE DUE $416.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 35 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905456 Boynton Beach FL 33435 STATEMENT NO: 33557 Attn: Lynn Swanson adv. Priority Towing HOURS 10/07/2020 TAD Review and edit answer to include additional comments and defenses. Confer with GB re: same 1.10 GB Emails with TAD regarding Answer and Affirmative Defenses. Reviewed TAD's comments and edits to RFP. Legal research regarding judicial interference with legislative function.0.80 10/08/2020 GB Edits to Answer and Affirmative Defenses pursuant to TAD's comments. gal research regarding elements of permanent injunction versus temporary injunction.0.60 10/12/2020 GB Continued making edits to Answer and Affirmative Defenses pursuant to TAD's comments. Legal research regarding difference between elements for permanent and temporary injunction and court's ability to overturn legislative decisions.0.80 10/13/2020 TAD Receipt and review of revisions to response to amended complaint. Confer with GB regarding response to same.0.50 GB Telephone conference call regarding City's answer and affirmative defenses. Finalized the City's Answer and Affirmative Defenses to Plaintiff's 2nd Complaint and filed and served.0.90 IR Receipt and review of Palm Beach Circuit Court docket clerk, with attachment of the City of Boynton Beach's Answer and Affirmative Defenses to the Plaintiff's Second Amended Complaint, filed October 13, 2020; preparation of tickler for Plaintiff's Reply to the City's Affirmative Defenses, within 10 days;0.30 10/20/2020 GB Email to opposing counsel regarding setting Plaintiff's deposition.0.10 FOR CURRENT SERVICES RENDERED 5.10 1,021.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.20 $205.00 $656.00 INGRID RIERA 0.30 125.00 37.50 TRACEY A. DECARLO 1.60 205.00 328.00 TOTAL CURRENT WORK 1,021.50 BALANCE DUE $1,021.50 Page 36 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905461 Boynton Beach FL 33435 STATEMENT NO: 33558 Attn: Lynn Swanson adv. Deutsche Bank (Estate of Herbert Campbell) HOURS 10/01/2020 SHB Receive and review response to Order to Show Cause.0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 37 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905466 Boynton Beach FL 33435 STATEMENT NO: 33559 Attn: Lynn Swanson adv. US Bank National (Norfus, Ricky 2020) HOURS 10/27/2020 SHB Various correspondence with plaintiff's counsel re: hearing matters.0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 38 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905475 Boynton Beach FL 33435 STATEMENT NO: 33560 Attn: Lynn Swanson Landfill Closure HOURS 10/01/2020 JAC Miscellaneous review in preparation for conference regarding settlement of landfill dispute; Florida administrative code research regarding same 1.20 10/08/2020 JAC Follow up team conference call regarding notice and surveying for possible or irrigation wells on adjacent properties;0.50 10/09/2020 JAC Review follow up regarding landfill closure monitoring and surveying adjacent properties; review rules provided by Tim Perry 0.50 10/16/2020 JAC Telephone conference regarding continuation of settlement option; miscellaneous follow up research regarding landfill closure administrative proceeding 0.80 10/23/2020 JAC Weekly status review conference call with Tim Perry, et al 0.40 FOR CURRENT SERVICES RENDERED 3.40 697.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.40 $205.00 $697.00 TOTAL CURRENT WORK 697.00 BALANCE DUE $697.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 39 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905477 Boynton Beach FL 33435 STATEMENT NO: 33561 Attn: Lynn Swanson Purchase of Half Moon Bay’s Lift Station HOURS 10/13/2020 SMS Review of "As-Builts" and revise APA 0.40 10/14/2020 SMS Call with staff related to closing period and revise APA to include updated closing period and revised "As-Built" description.0.70 10/16/2020 SMS Finalize and circulate final APA with Exhibits 0.60 10/20/2020 SMS Finalize Asset Purchase Agreement for Agenda item 0.70 FOR CURRENT SERVICES RENDERED 2.40 492.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 2.40 $205.00 $492.00 Photocopies 7.00 TOTAL EXPENSES THRU 10/31/2020 7.00 TOTAL CURRENT WORK 499.00 BALANCE DUE $499.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 40 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905502 Boynton Beach FL 33435 STATEMENT NO: 33562 Attn: Lynn Swanson adv. CHIDR, LLC (Tarpon IV, LLC) HOURS 10/01/2020 SHB Correspondence with Parrish re: case matters.0.10 10/06/2020 SHB Receive and review correspondence re: prior sale of the property. Follow up with staff re: past payments for lien releases. Follow up with counsel re: status of liens.0.80 10/13/2020 SHB Receive and review amended motion for final judgment.0.30 10/27/2020 SHB Telephone conference with counsel for plaintiff re: settlement and closing matters. Review court docket re: hearing matters. Follow up with City staff re: payoff amount.1.00 10/28/2020 SHB Follow up with Parrish re: final judgment order.0.10 FOR CURRENT SERVICES RENDERED 2.30 471.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.30 $205.00 $471.50 TOTAL CURRENT WORK 471.50 BALANCE DUE $471.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 41 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905503 Boynton Beach FL 33435 STATEMENT NO: 33563 Attn: Lynn Swanson adv. Lionesz Investments, LLC. (Tarpon IV, LLC) HOURS 10/01/2020 SHB Receive and review West Palm Motion to Dismiss.0.20 10/15/2020 SHB Discuss mediation matters with Plaintiff's counsel.0.30 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 42 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905505 Boynton Beach FL 33435 STATEMENT NO: 33564 Attn: Lynn Swanson adv. MJBS Holdings, LLC (Tarpon IV, LLC) HOURS 10/20/2020 SHB Telephone conference with attorney Platzek re: settlement offer; follow up re: surplus claims.0.20 10/21/2020 SHB Various correspondence from Clerk re: status of surplus claim.0.10 10/22/2020 SHB Various correspondence and discussion with staff re: settlement and lien matters.0.20 10/26/2020 SHB Follow up with Platzek re: surplus funds and City's settlement amount for partial release.0.20 10/27/2020 SHB Follow up re: clerk's recording of surplus claim.0.10 10/28/2020 SHB Telephone conference with Platzek re: settlement options.0.10 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 43 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905507 Boynton Beach FL 33435 STATEMENT NO: 33565 Attn: Lynn Swanson Adv. MJBS Holdings, LLC (KC Enterprise/Tarpon IV, LLC) HOURS 10/20/2020 SHB Telephone conference with attorney Platzek re: settlement offer; follow up re: surplus claims.0.20 10/21/2020 SHB Various correspondence from Clerk re: status of surplus claim.0.10 10/22/2020 SHB Various correspondence and discussion with staff re: settlement and lien matters.0.20 10/26/2020 SHB Follow up with Platzek re: surplus funds and City's settlement amount for partial release.0.20 10/27/2020 SHB Follow up re: clerk's recording of surplus claim.0.10 10/28/2020 SHB Telephone conference with Platzek re: settlement options.0.10 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 44 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905508 Boynton Beach FL 33435 STATEMENT NO: 33566 Attn: Lynn Swanson adv. MJBS Holdings, LLC 2 (KC Enterprise/Tarpon IV, LLC) HOURS 10/20/2020 SHB Telephone conference with attorney Platzek re: settlement offer; follow up re: surplus claims.0.20 10/21/2020 SHB Various correspondence from Clerk re: status of surplus claim.0.10 10/22/2020 SHB Various correspondence and discussion with staff re: settlement and lien matters.0.20 10/26/2020 SHB Follow up with Platzek re: surplus funds and City's settlement amount for partial release.0.20 10/27/2020 SHB Follow up re: clerk's recording of surplus claim.0.10 10/28/2020 SHB Telephone conference with Platzek re: settlement options.0.10 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 45 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905509 Boynton Beach FL 33435 STATEMENT NO: 33567 Attn: Lynn Swanson Drainage Easement Agreement with Boynton Beach Distribution Center Master Association Inc. HOURS 10/26/2020 SMS Revise Drainage Easement 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 46 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905512 Boynton Beach FL 33435 STATEMENT NO: 33568 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) HOURS 10/26/2020 SHB Correspondence with Plaintiff's counsel re: hearing matters.0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905520 Boynton Beach FL 33435 STATEMENT NO: 33569 Attn: Lynn Swanson v. Rudderow, Scott David (RPO) HOURS 10/15/2020 SHB Receive and review initial reports re: RPO; begin review of footage. Assemble initial pleadings.1.50 10/16/2020 SHB Receive and review draft RPO pleadings and supplemental documents. Finalize and file RPO Petition. Review body camera footage.4.00 10/20/2020 SHB Receive and review supplemental police report. Prepare Order on Compliance, Notices of Filing, and Agreed order.2.00 10/21/2020 SHB Follow up re: compliance order and service of final RPO.0.30 FOR CURRENT SERVICES RENDERED 7.80 1,599.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 7.80 $205.00 $1,599.00 TOTAL CURRENT WORK 1,599.00 BALANCE DUE $1,599.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 48 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2020 100 E. Ocean Avenue ACCOUNT NO:306-9001821 Boynton Beach FL 33435 STATEMENT NO: 33544 Attn: Lynn Swanson General Matters HOURS 10/01/2020 HN Research as to whether a contract passed by the city commission is enforceable if the Mayor did not sign the contract. Review of case law and Florida attorney general opinions.1.40 SMS Draft First Amendment to ILA with Delray Beach for Engineering Design.1.50 JAC Review staff Submittals for agenda; miscellaneous calls in review of back up related to agenda approval; review status of assistance CityAttorney work assignments and status of tort defense cases; Miscellaneous communications and calls regarding status of legacy project for agenda; Review governors executive order regarding extension of virtual meetings 5.20 10/02/2020 SMS review of drainage permit related to historic drainage for adjacent developments 0.80 JAC Review correspondence In preparation regarding fire vehicle contracts; Continue agenda item review and preparation; no modifications to CMT meeting ordinance; Review correspondence regarding flooding and maintenance issues;3.70 SHB Coordinate public records training. Follow up with staff re: chronic nuisance matters.0.60 10/05/2020 SHB Discuss poll transportation matters with JAC; attend meeting re: logistics. Telephone conference with Blasie and Sluggett re: property registration ordinance and service agreement.2.00 JAC Review status of Pulte contract and correspondence from Pulte representatives; calls with staff regarding same; prepare for city commission meeting agenda issue; review status of Casa Costa issues and City draft status report; Review issue regarding police chief participation in pension plan; call with Commissioner regarding pending matters; review correspondence from Steve Collins regarding town Square matter; review library disruption incident and research case law regardingDisruptive patrons- discuss assignment with Gal B 4.80 10/06/2020 SMS Call and correspondences with staff related to review of Condominium Docs for High Ridge Industrial Property; Review of Condominium Docs and Unity of Title for High Ridge Industrial Property; Review/revise Agreement for Electronic Plan Review; Call with attorney for Lake Worth Drainage District related to Code Enforcement and crumbling sea wall 3.80 SHB Follow up re: PD substation matters. Telephone conference with Hay. Attend Commission meeting.1.60 Page 49 of 453 Page: 2 CITY OF BOYNTON BEACH 11/02/2020 ACCOUNT NO:306-9001821 STATEMENT NO: 33544 General Matters HOURS JAC Review former city employee entitlement to leave payout; review employment agreement and discuss with JO; telephone conference with Mike Cirullo to review caselaw regarding rescinding contract offer; miscellaneous preparation regarding Pulte homes agenda item; review email from Commissioners regarding same;Prepare for and attend city commission meeting;Post meeting notes and preparation for follow up on pending matters 8.40 10/07/2020 DS Drafted email re: EBSCO License Agreement Addendum.0.10 JAC Commission meeting follow up with staff and manager and assistant CityAttorney's; review correspondence and plan of action for state permitting for removal of boardwalk; follow up on Pulte commission meeting issues; review and approve ads; review and approve employment letters; Review transportation options for early election and election day voting 4.20 SHB Review knowledge base agreement and follow up with City. Review and revise FAQ and follow up with Durgan. Review TFO MOU. Review Cart MOU.2.00 10/08/2020 SHB Telephone conference with Art Board Chair, JAC, and Matos re: board functioning matters. Attend Arts Commission meeting and present re: sunshine law matters. Attend chronic nuisance meeting and follow up with Mayor grant.2.50 JAC Call with Kathryn Matos regarding art board and scope of duties; review current ordinance and notate for clarification; call with David Norris regarding Code and building permit issue for dock renovation; Follow up to obtain staff documents;Review Randy Wood employment agreement; review facility rental waiver; Review with Sean Swartz regarding Lake Worth drainage District canal maintenance issues in Leisureville; review weekly attorneys reports for status of pending issues; Call with chairman of arts board to discuss agenda items and hearing process scope of boards responsibility; follow up with assistant CityManager and Shana Bridgeman on sunshine issue 4.50 SMS research on Leisureville sea wall issue related to enforcement of code violations for damaged seawalls 1.70 10/09/2020 SMS Call with staff on Oceanfront Park Easement and review and comments to the Agreement; Call with Engineering Department related to necessary Outfall Easement and review of property information; Review of correspondence and documents provided by the Master Association for Drainage Easement related to maintenance of lake 2.40 JAC Review updated federal and state guidelines for reopening and Covid related issues; evaluate expiration of governors emergency declaration orders; discuss with attorneys; Review library code of conduct and federal caselaw regarding library patron rights and responsibilities; discuss same with Gal Betesh;Review and respond to Mike Rumpf regarding habitat consolidation of adjacent properties for development issue 4.20 10/12/2020 DS Reviewed and accepted EBSCO's proposed modifications to Addendum. Drafted email re: EBSCO Agreement and Addendum.0.30 SHB Return call to Art Commission vice chair re: sunshine training. Receive and review various documents re: 944 sunset road. Various correspondence with City. Return call to Steve Brannock. Receive and review documents re: nuisance agreement.1.30 SMS Review of correspondence on outfall easement for Coquina Cove Drainage Project 0.20 Page 50 of 453 Page: 3 CITY OF BOYNTON BEACH 11/02/2020 ACCOUNT NO:306-9001821 STATEMENT NO: 33544 General Matters HOURS JAC Review art board ordinance and public art policy; confer with Kathryn Matos regarding same; review Sara Sims Wi-Fi coverage and filter issue; review requests for publication; review SEIU collective bargaining agreement; review issue regarding building official/ acting authority; Review draft of library code conduct; review appointment boat dock issue; review pending engineering related issues and prep for call with Gary 'Dunmyer; follow up regarding security cameras Girl Scout park 5.20 10/13/2020 QEM Telephone conference with staff re: Fleet purchase Fire Rescue vehicles; review of information provided by staff for inclusion; review of PO terms and conditions.1.80 SHB Receive and review IDEA task force agreement. Follow up with Adam re: nuisance matters. Begin drafting Covid waiver.1.00 MDC Attend office hours; review and execute documents for CAO.2.00 JAC Review employment letters; review FSA base contract terms and conditions related to fire truck purchase; continue review of library code and conduct related issue; telephone conference regarding fleet purchase of fire rescue vehicles with city staff; review 653 Riviera Dr. dock permit issue with building official; call with Gary Dunmyer regarding pending matters; review please Pension/Chief participation issue and correspond with Bonni Jensen regarding same; follow up regarding appraisal of Nickels property; review correspondence regarding ATS contract compliance 5.50 10/14/2020 DS Discussed fire truck contract issue with J.A.C. and Q.E.M. Reviewed Palm Beach County Ethics Code and Advisory Opnions related to travel expenses.2.00 HN Review of email from Adam Temple regarding Sign Code. Review of email from Mike Rumpf. Phone call discussion with Adam Temple relating to specifics of list provided by Mike.0.50 QEM Review and edits general terms and conditions; review and edit staff supplemental terms for fleet management purchases.5.00 SMS Correspondences and review related to procurement requirements for consultants under the ILA with Delray 0.40 JAC Review staff submitted agenda items; related documents; and approved with conditions; telephone conference with manager and assistant manager regarding arts board; additional work on town square easement issues; Telephone conference regarding purchase a fire trucks and follow up with Quinton Morgan regarding same; discuss the employee travel issue with 'Danielle S And research Palm Beach County commission on ethics opinions 5.00 SHB Review and revise recorded books agreement. Begin review of property registration agreement.2.00 10/15/2020 DS Discussed firetruck ethics with the palm beach county commission on ethics.0.60 SMS Correspondences with staff related to Master Association Drainage Easement and Maintenance Obligation 0.30 JAC Continue review and approval of proposed agenda items; review and approve employment agreements revisions; Calls and review regarding mangrove park permitting issue in response to diocese attorney; Review assignments of assistance CityAttorney's and discuss foreclosure issues with Heather N. ;4.80 JAC Continue review of city commission agenda; review signage County Road and interstate 95 overpass; Audit pending litigation toward defense case calendars and pleadings 4.80 Page 51 of 453 Page: 4 CITY OF BOYNTON BEACH 11/02/2020 ACCOUNT NO:306-9001821 STATEMENT NO: 33544 General Matters HOURS SHB Review and approve agenda items. Discuss sunset road code enforcement matters with Temple and Weixlefr. Discuss scrutinized company matters with JAC. Review DUI agreement.2.00 10/16/2020 SHB Various correspondence re: overpass jurisdictional matters; discuss with JAC.0.60 JAC Continue reviewed to finalize commission agenda; review/order pending toward defense case pleadings and discovery; discuss pending foreclosure issues with Heather N; miscellaneous office administration issues regarding retention Of records; review State of Florida records retention schedules; review arts commission minutes;5.40 10/19/2020 HN Review of Adam Temple's email and attachment of a chart related to the sign code project. Response email to set up a conference call to 0.40 JAC Review agenda and attend virtual staff agenda review meeting; follow up call with LL and CG regarding sale of real property; Pulte and related transactions; Follow up with GB regarding library rules and regulations and call with library director; review email regarding false alarm billing issue; miscellaneous research regarding pending city commission items;4.20 SHB Telephone conference with Brannock re: 944 Sunset; various correspondence with City and Brannock. Receive and review inquiry re: false alarms; discuss with HN.1.00 10/20/2020 HN Review of SHB email related to reviewing more recent ordinances and laws related to alarm systems billing. Research as to what other municipal clients have done recently in their code of ordinances relating to alarm systems billing. Westlaw research. Email exchanges with Adam Temple regarding sign code project.1.60 BJS Review correspondence and follow up with Adam Temple re: Miscellaneous Rentals with review of correspondence 0.40 JAC Review legal ads; discuss status of department items with Lynn Swanson; review K Hock Go bankruptcy Filing and issues; prepare for and attend city commission meeting 4.00 SHB Review meeting agenda; discuss agenda items with City Manager. Attend commission meeting. Discuss Code matters with BJS.2.50 10/21/2020 HN Email exchange with Adam Temple regarding sign code and meeting to discuss details.0.20 QEM Review of BID 039-2821-20/TP- 24IN RWM Extension Little League Park- Bid Documents; correspond with Mr. Wood re: matter.1.90 SHB Review documents re: cemetery ownership and transfer. Follow up with Clerk's office. Review information re: opiod epidemic; send to Chronic Nuisance team for review.0.70 BJS Review and follow up re: Mia Rentals/2280 NW 2nd Street re: BTRs 0.40 10/22/2020 QEM Work on documents for purchase of fire rescue vehicles; finalize review of procurement retainage requirements and follow-up with Mr. Wood re: matter.1.50 SMS Call with staff, and draft wastewater collection Agreement with Hypoluxo Harbor Association 1.70 HN Phone call conference with Adam Temple and Mike Rumpf regarding sign code ordinance project. Follow up email to Adam and Mike cc JAC as to next steps. Started researching legal issues raised in the phone call.2.10 SHB Review and revise various agreements - library, DUI task force, firearms, sages.3.00 Page 52 of 453 Page: 5 CITY OF BOYNTON BEACH 11/02/2020 ACCOUNT NO:306-9001821 STATEMENT NO: 33544 General Matters HOURS BJS Review and follow up re: Mia Rentals, and correspondence with Adam Temple 0.30 JAC Review Mayor's request regarding solicitation of funds for suits for seniors; discussed with city clerk; review revised CDC guidance regarding COVID-19 workplace issues; review planning and development board meeting agenda back up; Review fleet division terms and conditions of various contracts for acquisition of fire rescue vehicles;3.50 10/23/2020 HN Further review of other municipal clients fire alarm code post dating the City's firm alarm code. Review of two Oakland Park ordinances post dating the City's ordinance along with supporting documentation. Comparison of Boynton Beach alarm code to Oakland Park's to see if there is anything new in the Oakland Park ordinance that can be added to Boynton's code.2.40 SMS Draft/revise Agreement for Water Services with Hypoluxo Harbor Association; Revise ILA with Delray Beach for Agenda item 1.90 JAC Office administration issue regarding assignments to assistant CityAttorneys; review Mayor's inquiry regarding registration or filing related to non-for profit participation; online research regarding same; Review federal state county orders and regulations regarding continuation of COVID-19 safeguards; miscellaneous research regarding employee testing issues; review ad regarding ADU Code amendment; Review master plan amendment issue regarding Townsquare; review county MSTU program availability; Discuss same with MC 3.30 10/26/2020 HN On site: review and signature of contracts. Comparison of Oakland Park ordinance of fire alarms to the City's firm alarm code.2.70 QEM Review and evaluation of general contract revisions for City GC's; respond to staff re: matter; review full revised documents provided by staff.3.00 MDC Review materials; research County MSTU; telephone call with JAC on utility expansion.0.40 JAC Discuss and follow up review regarding Civic Center feed schedule and process for adoption/enforcement; conference call with staff and city commissioner regarding Lake Boynton estate flooding; Research city documents and state regulations regarding potential enforcement action and alternatives for recovery of city expenditures from state; review with MC regarding collection of assessments and county Agreement/objections to municipal collection; Research regarding municipal liability for flooding damage; research annexation issue; Office administration issues regarding assignments to assistant CityAttorney's and distribution of work; follow up with LS regarding departmental pending requests.6.50 BJS Review correspondence re: Mia Rentals and draft follow up correspondence, follow up with staff 0.40 10/27/2020 HN Review of Wilton Manors and Pembroke Pines codes regarding fire alarms and false alarms. Drafted list of sections from other municipal clients that the City does not have in their code. Email to SHB with list of sections not in the City's code.1.30 QEM Work with staff on piggyback agreements and purchase orders for the replacement Fire Department vehicles approved as part of the FY20/21 fleet replacement budget.2.40 JAC Preliminary review of agenda items; Prep for and attend virtual planning and development board meeting; respond to city clerk regarding application of virtual meeting ordinance to Pension boards 5.20 SMS Correspondences on prepared Agreements for November Commission meetings 0.20 Page 53 of 453 Page: 6 CITY OF BOYNTON BEACH 11/02/2020 ACCOUNT NO:306-9001821 STATEMENT NO: 33544 General Matters HOURS 10/28/2020 DS Reviewed and analyzed Section 849.0935 Florida Statutes. Researched secondary sources and attorney general opinions regarding lottery. Drafted research response regarding lottery. Reviewed general terms and conditions for fire truck purchase.1.60 QEM Finalize changes and transmit to staff General Terms and Conditions and Supplemental Terms.0.80 JAC Phone conference with Kathryn Matos and follow up call with Gal Betesh regarding library code of conduct issues; review proposed agenda items; research and approval regarding same; research regarding games of chance/drawings related to economic development concept; research in conference call with CityManager regarding naming rights ordinance and process; review public defender inquiry regarding Fabrice Derilus; Review utility service lien, property transfer issue; Review annexation/lantana issue with CityManager; follow up research regarding same and option of special act modifying boundaries; Discussion and follow up with city clerk regarding virtual meetings and Pension boards 5.30 SMS Calls, correspondences and review related to Casa Del Mar Certificate of Occupancy and blocking of streets; Review of revisions and correspondences related to ISAA Agreement with FEMA 1.90 SHB Review and discuss false alarm matters with HN. Various correspondence re: Fabrice Derilus plea matters; review court docket and follow up with PD and ASA.0.60 10/29/2020 HN Email to Captain Zeller with information related to fire system ordinances cc SHB. Review of his response email. Reviewed Mike Rumpf's sign code chart with corresponding code sections. Reviewed each code section cited in chart. Legal research relating to medical marijuana signage, billboard prohibition, reed case impact on sign sizes, whether digital sizes are permissible, preemptions on medical marijuana signage regulation and relief provisions in times of emergency. Also, review of other municipal clients sign codes. Review of gas station signage, changeable copy and locations. Review of harvard law article regarding the impacts of reed v. town of gilbert.3.20 DS Discussed general and supplemental terms for fleet division with Q.E.M. Revised general and supplemental terms for fleet division vehicle purchase.0.90 MDC Review e-mails on City Seal; review materials on utility matters.0.20 JAC Continue review of staff submittals for agenda; research regarding 1116 Hypoluxo Rd. annexation/Lantana; research PBC code regarding annexation; evaluate local special act option to resolve boundary issues; Follow up regarding 653 unpermitted dock construction; review notices and request for publication/procurement division issue 5.50 10/30/2020 HN sign code project research related to medical marijuana signage preemption, billboard restrictions and general review of the city's sign code.1.10 SHB Office hours at City Hall. Review and approve various agenda items. Review and sign various agreements. Sign deeds. Review and approve appointment letter.4.00 SMS Review revised Condo Docs for release of unity of title 0.70 JAC Finalize agenda review for commission meeting; follow up on police pension amendment and rescheduling with Bonni Jensen; Review FDEP warning letter and administrative rules regarding same; weekly assignment review for assistant CityAttorney's/office administration issues 4.40 FOR CURRENT SERVICES RENDERED 195.40 18,385.92 Page 54 of 453 Page: 7 CITY OF BOYNTON BEACH 11/02/2020 ACCOUNT NO:306-9001821 STATEMENT NO: 33544 General Matters TOTAL CURRENT WORK 18,385.92 BALANCE DUE $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905029 Boynton Beach FL 33435 STATEMENT NO: 33626 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB HOURS 10/26/2020 TAD Receipt and review of correspondence re: appeal.0.10 GB Emails with TAD regarding oral argument in appeal.0.10 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 TRACEY A. DECARLO 0.10 205.00 20.50 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 56 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905098 Boynton Beach FL 33435 STATEMENT NO: 33627 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470000367AB HOURS 10/09/2020 IR Receipt and review of Judge Glenn D. Kelley's Final Disposition with Directions to the Clerk to Capture Final Judgment Amounts, entered October 9, 2020;0.20 10/12/2020 IR Receipt and review of Clerk of the Court docket entry, filed by Non-Party, Underwriters at Lloyds London, of its Response to the Additional Briefing Filed by the Plaintiff on September 17., ,2020 Regarding the Plaintiff's Motion to Add Insurer to Final Judgment, filed on October 9, 2020;0.30 10/15/2020 TAD Attend hearing on motion to add insurer to judgment. Prepare correspondence to City re: same.1.10 IR Retrieved Palm Beach Circuit Court online docket, to check if any new Plaintiff's filings, in advance of today's hearing on Plaintiff's Additional Briefing on Motion to Add Insurer to Final Judgment; receipt and review of TAD email to City of Boynton Beach, with status of today's special set hearing; receipt, review and responded to TAD email to IVR regarding same;0.60 FOR CURRENT SERVICES RENDERED 2.20 363.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.10 $125.00 $137.50 TRACEY A. DECARLO 1.10 205.00 225.50 TOTAL CURRENT WORK 363.00 BALANCE DUE $363.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 57 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905160 Boynton Beach FL 33435 STATEMENT NO: 33628 Attn: Lynn Swanson Ryan, Ron Complaint Billing Category: 18 - RLO Claim # HOURS 10/20/2020 TAD Receipt and review of correspondence (multiple emails) from plaintiff re: depositions of City former employees. Prepare responses to same 0.40 10/21/2020 TAD Receipt and review of correspondence re: depositions of Katz and Magnanti. Prepare correspondence regarding same. Review information on witnesses re:: depositions.0.40 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 58 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905171 Boynton Beach FL 33435 STATEMENT NO: 33629 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400PI HOURS 10/01/2020 IR Reviewed the Court's Order Setting Non-Jury Trial and Directing Pretrial and Mediation Procedures, entered on August 5, 2020, by Honorable Judge Donald Hafele, Division AG; online review of court docket, for current status of discovery, in advance of trial period commencing February 8, 2021; reviewed Judge Hafele's current and 2021 trial docket, as posted through Division AG online; preparation of tickler to retrieve same in 30 days;0.90 10/02/2020 IR Analyzed fact witness documents, and cross-referenced with sets of records produced by both parties, in anticipation for trial testimony as well as upcoming depositions;1.80 10/06/2020 TAD Prepare revisions to memorandum of law supporting motion for summary judgment and notice of filing. Review judge's instructions re: special set hearings and prepare correspondence re: same.1.80 10/08/2020 TAD Prepare correspondence to plaintiff re: response to request for production. Confer with judicial assistant re: motion and hearing.0.20 IR Preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, with new witness information; receipt and review of the City's Motion for Summary Judgment, filed on October 6, 2020; receipt and review of the City's Notice of Filling Deposition Transcript of Plaintiff, Giovanni Caliendo, filed on October 6, 2020 [112 pages total];2.10 10/09/2020 IR Preparation of trial disclosure projects, in advance of discovery that's due to the Court by January 19, 2020; receipt and review of Plaintiff's objections to the City of Boynton Beach's motion to compel Plaintiff's past due responses to its Request for Production, in advance of trial, set to commence on February 8, 2021; preparation of ticklers for further follow up next week;1.70 10/12/2020 IR Preparation of summaries, from discovery records received from the Plaintiff, and cross-referenced same, with previously received documents;1.20 10/14/2020 TAD Confer with JA re: summary judgment hearing issues. Receipt of plaintiff's response and objections to request for production.0.50 IR Online docket search, on Palm Beach County Circuit Court website; reviewed request for Defendant's Motion for Summary Judgment hearing, Page 59 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905171 STATEMENT NO: 33629 adv. Caliendo, Giovanni & Emily (code violation) HOURS to potentially be scheduled on October 26, 2020 at 1:30pm, for 30 minutes special set; continuation of review Plaintiffs' documents, photographs, summaries provided as response to request for production;2.40 10/15/2020 IR Continued to review discovery of Plaintiffs' online website and updated the City of Boynton Beach's Trial Witness and Subpoena Duces Tracking chart, according, with witness names, not previously, or specifically disclosed by the Plaintiffs;0.90 10/20/2020 TAD Receipt and review of information from Court re: summary judgment hearing. Prepare correspondence re: same. Prepare correspondence to plaintiff re: hearing. Prepare notice of hearing.0.40 GB Emails regarding Motion for Summary Judgment hearing. Reviewed Motion for Summary Judgment, Amended Complaint, and Caliendo's deposition summary.1.80 10/22/2020 TAD Prepare correspondence to plaintiff re: hearing on summary judgment and receipt of response to same.0.20 10/23/2020 TAD Receipt of correspondence from plaintiff counsel re: motion for summary judgment. Prepare notice of hearing on same. Prepare correspondence to court re: hearing. Receipt of additional correspondence from plaintiff re: hearing. Prepare renotice of hearing.0.60 IR Receipt and review of the City of Boynton beach's Motion for Summary Final Judgement, for December 17, 2020 at 11:00a.m.; summaries of final sets of records, received from Plaintiffs' discovery responses;1.30 10/26/2020 TAD Receipt and review of correspondence from plaintiff re: motion for summary judgment. Prepare response to same. Confer with judicial assistant re: motion for summary judgment. Prepare additional correspondence to plaintiff re: same.0.40 IR Preparation of the City of Boynton Beach's anticipated trial witness disclosures, with addresses and expected testimony, as gleaned through both parties' discovery responses;2.80 10/27/2020 GB Telephone conference call with TAD regarding mediation. Conversation with IVR regarding upcoming deadlines per trial order.0.40 10/28/2020 TAD Review trial order re: trial deadlines. Review information re: production from plaintiff re: trial witnesses and exhibits. Prepare correspondence re: mediation. Confer with GB re: pretrial motions. Prepare motion to reset hearing and correspondence re: same.1.80 IR Receipt and review of email from the City of Boynton Beach's attorneys, to Plaintiff's counsel, requesting to schedule Mediation, in advance of the deadline to do so, following the Court's Order Setting Non-Jury Trial and Directing Pretrial and Mediation Procedures, entered by Judge Donald Hafele on August 5, 2020; preparation of updates to Trial Exhibits Disclosure, to be filed by the City of Boynton Beach, following Judge Hafele's Order, stated above;1.80 GB Emails with opposing counsel regarding mediation.0.10 10/29/2020 TAD Review information on trial witnesses and production from plaintiff. Confer with GB re: mediation and trial preparation issues. Revise motion re: hearing setting and prepare correspondence re: same.0.80 GB Telephone conference call with TAD regarding upcoming trial deadlines. Page 60 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905171 STATEMENT NO: 33629 adv. Caliendo, Giovanni & Emily (code violation) HOURS Emails with IVR regarding discovery. Reviewed trial order and skimmed documents received and outlined drafted by IVR in preparation for drafting witness and exhibit lists.0.80 IR Continuation of summaries of Plaintiff's discovery records and continued cross-reference with anticipated trial witness disclosure, due to the Courts, in preparation for civil jury trial; exchange of emails with GB regarding trial preparation conference; receipt and review of the City of Boynton Beach's Motion to Cancel Zoom Special Set Hearing of December 17, 2020 at 11:00a.m.;3.30 10/30/2020 TAD Prepare correspondence to plaintiffs re: motion for summary judgment hearing. Confer with judicial assistant re: same. Receipt of correspondence from plaintiff re: hearing and prepare response to same.0.40 IR Telephone conference with GB regarding trial preparation, witnesses and anticipated exhibits; continued organization of multiple sets of trial exhibits, for use during the 10 week trial docket, commencing February 8 through April 16, 2021; online review of Judge Hafele's in Division AG, posted trial listing through the end of this year [and to check if 2021 is on the Court's public docket, yet]; receipt and review of the City of Boynton Beach's Motion to Cancel its 30 Minute Special set hearing, previously scheduled on December 17, 2020 at 11:00a.m.; receipt and review of the City's Re-Notice of Hearing [on Motion Calendar] on the City's cancellation of its special set Motion for Summary Judgment, with the next hearing scheduled for December 8, 2020 at 8:45a.m.;3.60 GB Telephone conference call with IVR regarding discovery and trial deadlines. Telephone conference call with TAD Regarding preparing for trial and drafting witness and exhibit lists for trial. Reviewed file for discovery responses by plaintiff.1.00 FOR CURRENT SERVICES RENDERED 35.00 5,271.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.10 $205.00 $840.50 INGRID RIERA 23.80 125.00 2,975.00 TRACEY A. DECARLO 7.10 205.00 1,455.50 Photocopies 72.80 TOTAL EXPENSES THRU 10/31/2020 72.80 TOTAL CURRENT WORK 5,343.80 BALANCE DUE $5,343.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 61 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905190 Boynton Beach FL 33435 STATEMENT NO: 33630 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470-000396-AB-01 HOURS 10/05/2020 GB Emails with TAD regarding Plaintiff's questions about officers still employed by City. Emails with the City regarding employment of PD. Emails with opposing counsel regarding employment of officers.0.40 TAD Receipt and review of correspondence re: depositions of City employees and prepare response to same.0.30 10/09/2020 GB Emails with opposing counsel regarding setting Officer Herny's depositions. Emails with the City regarding deposition request.0.40 10/12/2020 GB Prepared for call with Officer Herny by reviewing Officer Sohn's deposition and Officer Herny's deposition in criminal matter. Telephone conference call with Officer Herny regarding deposition. Emails with Plaintiff's counsel regarding Officer Herny's deposition. Emails with Officer Herny regarding deposition.1.60 10/13/2020 GB Emails with Sohn's attorney regarding Officer Herny's deposition. Emails with opposing counsel regarding Officer Herny's deposition. Emails with Officer Herny regarding deposition date.0.40 10/14/2020 GB Emails with Officer Herny regarding his deposition.0.10 IR Receipt and review of Plaintiff's Notice of Taking Deposition of Officer Corey Henry, scheduled for December 2, 2020 at 1:00pm, to take place in West Palm Beach, via ZOOM; preparation of tickler, for assistance in advance of said deposition; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, regarding same;0.30 10/19/2020 GB Emails with TAD regarding Officer Herny's deposition. Emails with Officer Herny regarding his deposition. Emails with Plaintiff's counsel regarding Officer Herny's deposition.0.50 FOR CURRENT SERVICES RENDERED 4.00 796.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.40 $205.00 $697.00 INGRID RIERA 0.30 125.00 37.50 Page 62 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905190 STATEMENT NO: 33630 adv. Readon, Jayden, Estate of (police chase) TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 796.00 BALANCE DUE $796.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905216 Boynton Beach FL 33435 STATEMENT NO: 33631 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP HOURS 10/21/2020 GB Emails with TAD regarding Plaintiff's request to depose Katz and Magnanti. Emails with City regarding contact information. Emails with opposing counsel regarding deposition. Telephone conference call with Katz re: depo. Email to TAD regarding call with Katz.0.90 10/23/2020 TAD Receipt and review of information re: witnesses. Confer with GB re: same.0.30 10/26/2020 IR Retrieved and reviewed Palm Beach Circuit Court docket, for recent activity in this litigation; retrieved Judge Kerner's most recent civil jury trial setting, into 2021; review status of discovery, where depositions and other materials were left off, pre-pandemic; reviewed and saved May 2019 article written by Laura J. Starr, Esq., regarding Judge Scott Kerner's personal and professional background, prior to becoming a circuit court judge;1.60 FOR CURRENT SERVICES RENDERED 2.80 446.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.90 $205.00 $184.50 INGRID RIERA 1.60 125.00 200.00 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 446.00 BALANCE DUE $446.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 64 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905344 Boynton Beach FL 33435 STATEMENT NO: 33632 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18 - RLO Claim #001470000450EP HOURS 10/01/2020 IR Reviewed the Court's Order Setting Jury Trial and Directing Pretrial, Mediation and Jury Instructions Procedures, entered on March 11, 2020, by Honorable Judge Glenn D. Kelley, Division AE; online review of court docket, for current status of discovery, in advance of trial period commencing February 16, 2021; reviewed Judge Kelley's current and 2021 trial docket, as posted through Division AE online; preparation of tickler to retrieve same in 30 days;0.80 10/05/2020 IR Receipt and review of email from Michael Kridel, CPA, Forensic Accountant for the City of Boynton Beach, regarding a status of the matter, in advance of the year end holidays of 2020; reviewed pleadings and status of discovery, to organize and update to provide the City's forensic accountant, with an update;0.90 10/08/2020 GB Emails with TAD regarding what needs to be done before trial.0.20 10/12/2020 GB Emails with Tristar regarding what needs to be done before trial. Legal research re: proposal for settlement. Reviewed Plaintiff's witness list and file to figure out who needs to be deposed. Email to TAD Regarding legal research and review of file.1.10 IR Receipt and review of email from GB regarding Delray Physicians medical records of Plaintiff; reviewed emails and documents received in sets from Michael Agocs, Officer Manager at Delray Physicians Care Center / Lisa Kelso, M.D., with over 250 pages of records from 2016 through April 2020; preparation of several responsive emails to GB, along with sets 1 through 4 medical records;1.20 10/13/2020 GB Telephone conference call with TAD regarding what needs to be done before trial.0.30 TAD Receipt and review of plaintiffs witness list. Review status of claim and confer with GB re: trial preparation and further discovery.0.90 10/14/2020 IR Online court docket review, of Palm Beach Circuit Court; reviewed pleadings and the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; reviewed emails regarding responsive documents, to the City's issued and served subpoenas and organized same;0.90 Page 65 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 33632 Brescia, Brandon (EEOC Complaint) HOURS 10/16/2020 GB Drafted Second Set of interrogatories to Plaintiff. Emails with TAD regarding interrogatories. Drafted tristar trial report. Reviewed and summarized Delray medical center documents and documents produced by Luna Wolf. Legal research regarding therapist response to subpoena re: recoverable costs, physiologist patient privilege and exceptions, and protective order.5.00 10/19/2020 TAD Receipt and review of correspondence re: trial issues and preparation. Review information on trial witnesses and remaining discovery. Confer with GB re: trial preparation.1.60 GB Emails with TAD regarding medical records, depositions, and City's 2nd Set of Interrogatories to Plaintiff. Email to IVR regarding Dr. Agos. Finalized, filed and served City's 2nd Set of Interrogatories to Plaintiff.0.50 10/20/2020 GB Reviewed deadlines in order setting trial for discovery cut off and PFS. Emails with Luna Wolf's attorney regarding deposition. Emails with TAD regarding Subpoena DT to Manal Michail and trial preparation. Emails with IVR regarding her communications with Manal Michail about City's Subpoena DT. Reviewed file for communications with Manal Michail. Reviewed documents produced by Luna Wolf. Emails with Dawn Cannon and Vence Carpenter re: telephone conference.1.60 TAD Receipt and review of information from Plaintiff re: trial witnesses. Review records re: treatment of plaintiff and issues with doctor appearance at deposition re: continued discovery pre-trial. Confer with GB re: same.1.10 IR Received emails from GB regarding Plaintiff's medical providers; researched GB's inquires; prepared several emails;1.30 10/21/2020 GB Telephone conference call with Dawn Cannon regarding facts. Email to TAD regarding conversation with Cannon. Emails with Vance regarding telephone conference call. Emails with Luna Wolf's attorney regarding her deposition. Left Luna Wolf's attorney a voicemail regarding documents produced. Emails with Plaintiff's counsel regarding Luna Wolf's deposition.1.40 10/23/2020 GB Telephone conference call and emails with attorney for Luna Wolf regarding subpoena and deposition. Telephone conference call with TAD regarding therapist's deposition and witnesses.0.90 10/26/2020 TAD Receipt and review of information on plaintiffs medical witnesses and prepare correspondence re: same.0.70 GB Email to attorney for Luna Wolf regarding deposition date. Emails with attorney for Manal Michail regarding deposition. Reviewed file for mention of Vance Carpenter including Plaintiff's Answer to City's Interrogatories and Plaintiff's deposition transcript in preparation for telephone conference call with Vance Carpenter. Telephone conference call with Vance Carpenter regarding matter. Email to TAD regarding conversation with Vance.1.50 IR Receipt and review of emails from GB regarding Plaintiff's therapist, including request for deposition; prepared responsive email to GB regarding same;0.20 10/27/2020 TAD Receipt and review of correspondence re: information on plaintiff's treating physicians. Receipt of correspondence re: interviews with witnesses re: trial preparation. Review claims and case law re: same and confer with GB re: trial issues.1.20 GB Emails with Luna Wolf's attorney regarding documents and deposition. Page 66 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 33632 Brescia, Brandon (EEOC Complaint) HOURS Skimmed additional documents produced by Luna Wolf.0.20 IR Receipt and review of email with documents attached from GB; reviewed Trial Order Outline, for civil jury trial period commencing February 16, 2021 through March 26, 2021, with revised Defendant's trial exhibits disclosure deadline, of December 7, 2020; prepared revisions to the City of Boynton Beach's trial exhibits disclosures, with Luna Wolf's records, received this week; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to capture newly received documents from Plaintiff's medical providers; received email from GB regarding medical records summaries and responded to same; online research of United HealthCare Insurance Company, including state of Florida, Department of State, Division of Corporations, regarding the registered agent information and other Florida filings, for this national health insurance carrier; prepared updates to the Trial Witness and Subpoena Duces Tecum tracking chart; retrieved the parties' previously filed exhibits disclosures to the Court, from June 2020; prepared updates to the City of Boynton Beach's exhibits disclosure, to include new information just received from Plaintiff's medical providers;3.40 10/28/2020 GB Emails with TAD and opposing counsel regarding plaintiff's deposition.0.10 GB Telephone conference call and emails with attorney for Manal Michail re: documents and deposition. Telephone conference call with TAD regarding depositions of non-party witnesses. Emails with attorney for Luna Wolf regarding her deposition.0.90 10/29/2020 TAD Receipt and review of information re: trial witnesses and issues with depositions and discovery. Confer with GB re: same.0.40 IR Receipt and review of emails regarding depositions; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart;1.40 GB Emails with opposing counsel and attorney for Luna Wolf regarding deposition and service. Emails with attorney for Manal Michail regarding her deposition, service and documents. Telephone conference call with TAD regarding depositions. Legal research regarding whether an attorney licensed in another state can defend a witness at deposition.2.10 10/30/2020 IR Receipt and review of Subpoena Duces Tecum to Luna Wolf, LMHC, in Boca Raton, FL; conference with GB regarding discovery and projects; prepared email regarding Subpoena to Wolf and information noted to Manal Michel;0.60 FOR CURRENT SERVICES RENDERED 32.40 5,786.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 15.80 $205.00 $3,239.00 INGRID RIERA 10.70 125.00 1,337.50 TRACEY A. DECARLO 5.90 205.00 1,209.50 Photocopies 2.45 TOTAL EXPENSES THRU 10/31/2020 2.45 Page 67 of 453 Page: 4 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 33632 Brescia, Brandon (EEOC Complaint) TOTAL CURRENT WORK 5,788.45 BALANCE DUE $5,788.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 68 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905360 Boynton Beach FL 33435 STATEMENT NO: 33633 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RLO Claim #001470001005EP HOURS 10/01/2020 GB Continued drafting responses to Plaintiff's First Set of Interrogatories and First Request for Production. Reviewed documents produced by City to figure out which are responsive and which additional documents, if any we need.2.40 10/08/2020 GB Drafted answers to Plaintiff's first set of interrogatories. Email to TAD regarding City's discovery to Plaintiff and answers to Plaintiff's first set of interrogatories. Drafted responses to Plaintiff's request for production to Plaintiff and put together responsive documents.1.90 10/12/2020 GB Continued drafting response to Plaintiff's First Request for Production and email tot TAD regarding responses.0.30 10/13/2020 TAD Receipt and review of request for production to City. Review and revise draft responses. Prepare correspondence re: same. Review and revise request for admissions to plaintiff. Review draft interrogatory response and revise same. Confer with GB re: discovery.1.80 GB Telephone conference call with TAD regarding City's response to discovery responses. Finalized & filed City's First Set of Interrogatories to Plaintiff and City's First Request for Production to Plaintiff. Legal research regarding public records and confidential information. Began redacting documents to be produced in response to Plaintiff's 1st Request for Production. Emails with City regarding documents.2.20 IR Receipt and review of email from Palm Beach Circuit Court docket clerk, as well as from the City's litigation team, enclosing the City of Boynton Beach's discovery to Plaintiff, specifically the City's Request for Production, Notice of Interrogatories and Interrogatories; preparation of ticklers to receive Plaintiff's discovery responses thereto;0.50 10/14/2020 TAD Receipt and review of revised requests for admissions and discovery responses. Confer with GB re: same.0.90 GB Redacted documents to be produced in response to Plaintiff's First Request for Production to Plaintiff. Reviewed edits and comments by TAD to City's First Request for Admissions to Plaintiff and emails with TAD regarding edits and comments. Emails with the City regarding documents and reviewed documents provided by the City.3.50 Page 69 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905360 STATEMENT NO: 33633 adv. Cain, Courtney HOURS 10/15/2020 GB Edits to Discovery Requests from Plaintiff pursuant to TAD's comments. Continued compiling documents in response to Plaintiff's 1st Request for Production from City. Emails to City regarding City's answers to interrogatories.1.60 TAD Receipt and review of additional records re: response to discovery. Review amended discovery to plaintiff.Confer with GB re: same.0.90 10/19/2020 GB Emails with the City regarding interrogatories. Emails with TAD regarding edits to City's Request for Admissions to Plaintiff.0.40 TAD Review request for admissions to plaintiff and prepare correspondence re: same.0.20 10/20/2020 GB Emails with City regarding executed answers to interrogatories. Finalized the City's responses to Plaintiff's first set of discovery requests from the City. Email to TAD regarding discovery responses.0.40 TAD Receipt and review of additional discovery responses. Revise same and confer with GB re: same.0.60 10/22/2020 TAD Receipt and review of amended discovery responses and documents re: information from the City. Prepare revisions and correspondence re: same.0.70 GB Emails with TAD regarding finalizing discovery responses. Made edits to interrogatories and request for production pursuant to TAD's review. Had City's responses to Plaintiff's first set of discovery served and filed. Email to opposing counsel regarding Plaintiff's deposition dates.0.60 IR Receipt and review of the City of Boynton Beach's Answers to Plaintiff's Interrogatories and Responses / Objections to Request to Produce; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, following review of documents as well as other discovery to and from Plaintiff;2.30 10/27/2020 GB Emails with opposing counsel regarding plaintiff's deposition.0.10 IR Receipt and review of emails between counsel for Plaintiff and Defendant, regarding the scheduling of depositions; reviewed online court docket, regarding the status of discovery; preparation of ticklers to follow up pertaining to said deposition requests;0.60 10/28/2020 TAD Receipt and review of correspondence re: deposition of plaintiff and of City representatives. Review of status of discovery from plaintiff. Review information from City re: history of claim and depositions and discovery for defenses. Confer with GB re: same.0.90 GB Emails with Plaintiff's counsel regarding Plaintiff's deposition.0.10 FOR CURRENT SERVICES RENDERED 22.90 4,422.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 13.50 $205.00 $2,767.50 INGRID RIERA 3.40 125.00 425.00 TRACEY A. DECARLO 6.00 205.00 1,230.00 TOTAL CURRENT WORK 4,422.50 BALANCE DUE $4,422.50 Page 70 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905369 Boynton Beach FL 33435 STATEMENT NO: 33634 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 HOURS 10/13/2020 GB Telephone conference call with TAD regarding Plaintiff's settlement offer.0.30 10/15/2020 GB Reviewed documents obtained from Guardian Credit Union to ascertain hire date, salary and benefits. Reviewed Plaintiff's personnel file from City to ascertain salary at time of termination. Reviewed Tristar report and budget to ascertain estimated cost for trial. Draft letter to City re: Plaintiff's settlement offer. Update d timeline. Reviewed Plaintiff's deposition for testimony regarding counseling.2.50 10/19/2020 TAD Review and revise correspondence re: settlement offer and response. Confer with GB re: response.0.40 GB Emails with TAD regarding letter to city re: Plaintiff's settlement offer. Put letter and final format along with attachment and emailed to City and tristar. Email to City scheduling conference call re: settlement offer from Plaintiff. Telephone conference call with City re: Plaintiff's settlement offer. Conversations with TAD regarding counter offer.0.90 10/20/2020 GB Telephone conference call with opposing counsel regarding settlement offer. Emails with opposing counsel regarding documents from Guardian Credit Union. Conversations with TAD regarding update of conversation with Plaintiff's counsel.0.40 FOR CURRENT SERVICES RENDERED 4.50 922.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.10 $205.00 $840.50 TRACEY A. DECARLO 0.40 205.00 82.00 TOTAL CURRENT WORK 922.50 BALANCE DUE $922.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905370 Boynton Beach FL 33435 STATEMENT NO: 33635 Attn: Lynn Swanson adv. Moyse, Rosie (Discrimination Complaint) Billing Category: 18 - RLO Claim # HOURS 10/01/2020 GB Telephone conference call with opposing counsel regarding settlement.0.30 10/02/2020 GB Began drafting and legal research Motion for Summary Judgment.4.10 10/07/2020 GB Telephone conference call with opposing counsel regarding settlement. Email to TAD regarding settlement offer from plaintiff.0.40 10/26/2020 GB Emails to attorney for plaintiff re: settlement.0.10 FOR CURRENT SERVICES RENDERED 4.90 1,004.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.90 $205.00 $1,004.50 TOTAL CURRENT WORK 1,004.50 BALANCE DUE $1,004.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 72 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905421 Boynton Beach FL 33435 STATEMENT NO: 33636 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 HOURS 10/01/2020 IR Reviewed pleadings, including discovery and the Court's Order Setting Civil Trial Date, Pretrial Deadlines & Referral to Magistrate, entered on September 16, 2020 [DE 178], by Honorable Rodney Smith, as well as the Order of Referral to Mediation, entered on September 16, 2020 [DE 17]; preparation of tickler updates to check the status of pending discovery, in advance of the court's deadline of May 10, 2021; analyzed all City fo Boynton Beach's civil trials, set in Palm Beach state and federal court, in chronological order, for conference with TAD regarding same;1.40 TAD Receipt and review of interrogatories and request for production to City. Review information regarding incident re: response to discovery and information needed from the City. Confer with GB re: same.1.10 10/02/2020 IR Online review of Judge Smith Divisional Instructions and Trial Docket, posted on the Palm Beach 15th Judicial Circuit website, as posted by Judge Smith's judicial assistant, to ascertain if this matter is noticed for trial, following the Court's Civil Trial Order;0.70 GB Emails with telephone conference with TAD and the City regarding discovery. Emails with opposing counsel regarding discovery. Began drafting responses to Plaintiff's first set of discovery. Continued viewing videos and taking notes of Plaintiff's initial disclosures.1.30 10/05/2020 TAD Receipt and review of correspondence re: initial disclosures. Confer with GB re: same.0.30 GB Draft responses to Plaintiff's First Request for Production to City and email to TAD regarding response and objections. FInalized redaction of City's initial disclosures. Emails with the City regarding redaction of recordings and interrogatories. Reviewed all recordings and documents being produced to ensure fully redacted. Emails with opposing counsel regarding initial disclosures.2.60 10/06/2020 IR Preparation of updates to witness list, in anticipation for trial, set by the Court on September 16, 2020 [DE 17], by Honorable Rodney Smith; continuation of review and cross-reference fact witnesses, for use during discovery and anticipation at trial; research service of process to Broward Sheriff's Office, to obtain arrest records of Plaintiff from the incident, that resulted in the instant litigation, as well as other potential arrests of Plaintiff;2.20 Page 73 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905421 STATEMENT NO: 33636 adv. McFadden, Patrick (K9 Injuries) HOURS 10/07/2020 IR Continuation of research of anticipated trial witnesses, as disclosed by the Plaintiff and Co-Defendant, Mark Sohn, in their respective Initial Disclosures to the Court in September, following Fed.R.Civ.P. 16; online searches for addresses and other types of contacts, for use during discovery and for trial subpoenas;1.30 GB Telephone conference call and emails with the City regarding Plaintiff's discovery requests to City. Emails to TAD regarding Sohn's deposition and Plaintiff's discovery requests to City. Drafted answers to Plaintiff's first set of interrogatories to the City. Legal research regarding conditions precedent to file a lawsuit against the City under FS 768.28 1.80 10/09/2020 GB Emails and telephone conference call with City regarding Plaintiff's discovery requests. Edits to City's answers to Plaintiff's interrogatories.0.70 10/12/2020 GB Emails with City regarding telephone conference calls.0.20 10/13/2020 TAD Receipt and review of interrogatories and request for production to the City. Review records regarding initial disclosure records and plaintiff's production. Confer with GB re: responses and information from the City.1.30 GB Telephone conference calls with City officers regarding incident and Telephone conference call and emails with TAD regarding City's discovery responses. Emails with Sohn's attorney regarding deposition. Emails with City PD regarding documents.1.60 10/14/2020 GB Telephone conference calls with City regarding PD's file on the matter. Telephone conference call with Investigator Whitfield regarding records. Emails with City regarding records. Telephone conference call with City regarding incident.1.20 IR Research of online court docket at Palm Beach Circuit Court; reviewed pleadings and the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; reviewed emails regarding responsive documents;0.60 10/15/2020 GB Telephone conference call and emails with City regarding documents, discovery, and records.0.70 10/16/2020 GB Continued reviewing Plaintiff's initial disclosures.2.10 10/19/2020 GB Legal research regarding whether Use of Force Policy is relevant to a battery claim against the City. Legal research scope of discovery in federal court. Legal Research objection irrelevant to request for production in federal court. Legal research regarding objecting as overbroad or vague in federal courts in response to request for production. Drafted responses to request for production. Email with City regarding records. Legal research whether insurance policy needs to be redacted. Began putting together documents in response to Plaintiff's first request for production.4.10 10/20/2020 GB Telephone conference call with City regarding documents. Emails with City regarding response to interrogatories and records. Telephone conference call with Officer regarding incident. Emails with the City regarding records.0.70 10/21/2020 GB Emails with City regarding telephone conference call. Emails regarding documents.0.20 10/22/2020 GB Reviewed evidence folder provided by City PD.3.60 Page 74 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905421 STATEMENT NO: 33636 adv. McFadden, Patrick (K9 Injuries) HOURS 10/23/2020 GB Continued reviewing evidence folder provided by City PD.0.70 TAD Review discovery response documents and information from the BBPD re: responses to discovery and objections and privileged materials.0.40 GB Telephone conference call with Chief Snow regarding Plaintiff's discovery. Telephone conference call with TAD regarding discovery. Emails with City regarding records. Continued reviewing records of incident from City for response to Plaintiff's discovery.1.80 10/26/2020 GB Continued reviewing evidence file from PD for response to Plaintiff's request for production from City. Emails with TAD regarding request for copies to Plaintiff re: Plaintiff request for production to Sohn. Finalized and served Request for Copies.3.70 IR Receipt and review of Palm Beach Circuit Court, Docket Clerk email with the City of Boynton Beach's Request for Copies, filed this date, requesting Plaintiff to provide duplications of his responses and responsive records, as produced from Co-Defendant, Officer Sohn's Request for Production, filed October 9, 2020 [due November 9, 2020]; preparation of ticklers for follow up regarding the City's request;0.30 10/27/2020 TAD Review discovery re: additional revisions and responses. Confer with GB re: body camera recordings.0.70 IR Receipt and review of email from Emily Cruz, Legal Assistant at Roberts, Reynolds, counsel for Co-Defendant, Mark Sohn, requesting Plaintiff provide password, or other information to unlock information Sohn's counsel received via flash drive, as the Plaintiff's Response to Sohn's Request for Production; prepared tickler to receive a copy set of said records [via the City's Request made earlier this week];0.30 GB Reviewed Plaintiff's medical files along with body camera videos produced by plaintiff as part of his initial disclosures.4.30 10/28/2020 GB Edits to City's answers to interrogatories. Emails with the City regarding City's responses to Plaintiff's discovery. Emails and telephone conference call with Plaintiff's counsel regarding extension to respond to discovery. Reviewed Plaintiff's initial disclosures for tristar report.1.80 FOR CURRENT SERVICES RENDERED 43.70 8,414.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 33.10 $205.00 $6,785.50 INGRID RIERA 6.80 125.00 850.00 TRACEY A. DECARLO 3.80 205.00 779.00 Photocopies 2.80 TOTAL EXPENSES THRU 10/31/2020 2.80 TOTAL CURRENT WORK 8,417.30 BALANCE DUE $8,417.30 Page 75 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905423 Boynton Beach FL 33435 STATEMENT NO: 33637 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 HOURS 10/05/2020 IR Review of Judge Dimitrouleas' Amended Trial Order, entered on September 30, 2020; preparation of revisions to the City of Boynton Beach's Trial Order Outline, for the City's trial litigation team, with new trial deadlines and internal dates; confirmed ticklers with new dates; receipt and review of email from Michael Kridel, CPA, Forensic Accountant for the City of Boynton Beach, regarding a status of the matter, in advance of the year end holidays of 2020; reviewed docket, for all previously entered trial orders and orders entered by Magistrate Judge Matthewman;1.90 TAD Receipt and review of order resetting trial. Continue research for motions in limine and jury instructions. Revise pre-trial stipulation.2.80 10/06/2020 TAD Revise pre-trial stipulation to include additional information. Confer with IVR re: expert and witness/exhibit lists. Continue preparation of jury instructions.3.40 IR Receipt, reviewed and responded to TAD inquiry regarding Michael Kridel's email from October 5, 2020; retrieved previously entered trial orders by Judge Dimitrouleas, from 2019 through current, including review of upcoming trial deadlines;0.40 10/07/2020 IR Reviewed the City of Boynton Beach's draft of its Joint Pretrial Stipulation, to be filed with the Court by October 16, 2020; finalized email to Michael Kridel, CPA, and City of Boynton Beach's Forensic Accountant, with court filing attached, and provided new trial period dates; review pleadings and status of discovery, in preparation for trial and following the Court's Order Setting Trial Date & Discovery Deadlines, Referring Case to Mediation & Referring Discovery Motions to US Magistrate Judge Matthewman, entered 12.19.19 [DE 38] and the Court's Order Resetting Trial Date & Calendar Call, entered on 9.29.20 [DE 103];2.70 10/09/2020 TAD Continue research re: jury instructions and motions in limine. Continue preparation of proposed jury instructions.3.40 10/12/2020 TAD Review depositions of Fisher, Palmer, Kirit Shah and Dipika Shah re: motion in limine. Continue research re: same.3.70 IR Review of pleadings and discovery taken; preparation of lists of depositions of fact and expert witnesses, along with dates of same; prepared updates to trial exhibit list, to be included as the parties' Joint Pretrial Stipulation;1.80 Page 76 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905423 STATEMENT NO: 33637 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit HOURS 10/13/2020 TAD Complete review of depositions. Begin preparation of motion in limine.2.20 IR Research pleadings and discovery to ascertain if there are additional, potential trial witnesses; prepared updates to the City of Boynton Beach's Trial Witness Disclosures; continuation of updates to Trial Exhibits Disclosure, on behalf of the City, in advance of the new trial period, commencing March 1 through March 12, 2021;2.10 10/14/2020 TAD Begin draft of omnibus motion in limine with supporting memorandum of law. Review additional testimony re: same. Review additional case law re: damage claims.4.40 10/15/2020 TAD Continue preparation of motion in limine and supporting memorandum of law. Prepare correspondence to plaintiff's counsel re: same.3.60 IR Receipt and review of TAD email to Plaintiffs' counsel, regarding compliance with the Court's DE 38, entered on December 19, 2019 Order Setting Trial Date & Discovery Deadlines, Referring Case to Mediation & Referring Discovery Motions to United States Magistrate Judge Matthewman, as well as the Court's DE 103, entered on September 29, 2020, Resetting trial Date & Calendar Call until 2021, leaving other court deadlines in place; receipt and review of responsive email from Plaintiffs' counsel, who offered to contact the Court, in an effort to clarify its DE 103 court order; reviewed list of documents received from Plaintiffs' counsel, to confirm materials are delineated as trial exhibits, for use in March 2021 civil jury trial; online research of Judge Dimitrouleas' specific court and divisional instructions [as updated periodically] to confirm judge's information is accurate of the City of Boynton Beach's Trial Witness Disclosure, as well as the City's Trial Exhibits Disclosures;2.90 10/16/2020 TAD Receipt and review of correspondence from plaintiff re: trial. Receipt of proposed motion. Review motion and prepare correspondence re: same. Complete Motion in Limine and prepare correspondence re: same. Receipt of correspondence from plaintiff re: stipulation. Revise stipulation and review and revise witness list. Revise exhibit list. Prepare correspondence to plaintiff re: same.4.70 IR Receipt and review of Plaintiffs' counsel's draft Joint Motion for Clarification [of DE 103 Order]; receipt and review of proposed Order on Joint Motion for Clarification; receipt and review of TAD responsive email to Plaintiff's counsel; receipt and review of US District Court docket clerk DE 104 of the Parties' Joint Motion for Clarification of DE 103 Scheduling Order and Response due by October 30, 2020; continuation of list of potential trial exhibits, on behalf of the City of Boynton Beach;5.20 10/19/2020 TAD Receipt and review of order from court re: motion. Receipt of correspondence from plaintiff re: response to motion in limine and prepare response to same. Prepare correspondence to plaintiff re: pre-trial stipulation. Receipt of correspondence from plaintiff re: motion for extension of time. Receipt of motion and proposed order on same. Continue preparation of proposed jury instructions. Review additional case law re: same.2.60 10/21/2020 TAD Continue preparation of jury instructions for trial per court order. Review case law re: jury instructions for inclusion in same. Receipt of order from court re: extension of time and prepare correspondence re: same.4.10 IR Reviewed Plaintiffs' discovery responses, to confirm all witnesses and Page 77 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905423 STATEMENT NO: 33637 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit HOURS documents were captured in the City of Boynton Beach's Trial Disclosures, filed October 16, 2020, in compliance with Judge Dimitrouleas' prior court order with trial deadlines;1.90 10/22/2020 TAD Continue preparation of jury instructions for trial with citations for court.2.20 IR Receipt and review of Order [DE 108] Granting of Plaintiff's Motion for Extension of Time [specifically, addressed to trial deadlines and to clarify the Court's previous order], entered by Judge Dimitrouleas on October 21, 2020; preparation of the City of Boynton Beach's Trial Order Deadlines Outline, with Revised Dates as of October 22, 2020;1.80 10/23/2020 IR Finalization of Resetting of Trial Deadlines, following Judge Dimitrouleas' Court Order, entered on October 22, 2020 [DE 108]; reviewed prior trial orders, including initial DE 38 Court Order; preparation of email to litigation team with 4th Resetting Trial Order Outline; preparation of new tickler deadlines and lead up to date;1.30 TAD Receipt and review of order resetting deadlines. Outline issues for vior dire questions and verdict form. Review and prepare case law re: same for trial.2.60 10/26/2020 TAD Receipt of order on plaintiff's motion for extension of time and review new deadlines. Receipt and review of plaintiffs response in opposition to motion in limine with supporting law. Review case law re: reply.1.80 10/28/2020 TAD Receipt and review case law from plaintiff and testimony cited. Review depositions and transcript of hearing and prepare City's Reply Memorandum to Plaintiff's Opposition to the City's Motion in Limine. Continue preparation of jury instruction case law research and instructions.4.20 IR Reviewed pleadings as well as the Court's most recent Trial Orders, with new deadlines, leading up to the March 1, 2021 trial period; prepared ticklers to potentially update the City of Boynton Beach's Trial Witness and Trial Exhibits disclosures, after review of discovery responsive records received;0.40 10/29/2020 TAD Receipt and review of correspondence re: state court appeal. Revise reply memorandum. Prepare outline of trial issues and witnesses. Prepare case law for claims and arguments at trial.3.60 JAC Review status of circuit and federal court cases for report to Commission; reevaluate motion for summary judgment; Miscellaneous research regarding jury instructions 1.10 10/30/2020 TAD Continue trial preparation, jury instructions and verdict form additions and revisions. Continue review of cases re: jury instructions for first amendment claims asserted. Review witness list regarding additional witnesses for trial and pre-trial conferences.3.70 FOR CURRENT SERVICES RENDERED 76.50 13,890.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.10 $205.00 $225.50 INGRID RIERA 22.40 125.00 2,800.00 TRACEY A. DECARLO 53.00 205.00 10,865.00 Page 78 of 453 Page: 4 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905423 STATEMENT NO: 33637 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit TOTAL CURRENT WORK 13,890.50 BALANCE DUE $13,890.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 79 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905448 Boynton Beach FL 33435 STATEMENT NO: 33638 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18 - RLO Claim #19787449 HOURS 10/07/2020 TAD Confer with plaintiff's counsel re: settlement. Prepare correspondence to the City re: same. Confer with City re: settlement. Prepare correspondence to the Plaintiff re: same.0.70 10/08/2020 TAD Receipt and review of correspondence from plaintiff re: settlement. Prepare response to same.0.30 10/16/2020 TAD Receipt and review of correspondence from Plaintiff. Prepare release document. Prepare correspondence to plaintiff re: same.1.80 10/19/2020 TAD Revise release to include additional information. Prepare correspondence to city re: same. Prepare correspondence to plaintiff re: same.0.80 10/20/2020 TAD Review demand information re: settlement issues. Revise release to include additional information. Prepare correspondence re: release and additional information needed for settlement.0.80 FOR CURRENT SERVICES RENDERED 4.40 902.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 4.40 $205.00 $902.00 TOTAL CURRENT WORK 902.00 BALANCE DUE $902.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 80 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905462 Boynton Beach FL 33435 STATEMENT NO: 33639 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 HOURS 10/20/2020 TAD Review information re: EEOC and claims. Revise report and budget. Prepare correspondence re: information needed for report. Receipt of response to same.1.90 10/26/2020 TAD Review case law re: claims and potential damages. Review responses to discovery from plaintiff re: report. Revise report regarding information from plaintiff's discovery responses and information from the City. Prepare requests for admission to plaintiff. Prepare correspondence to plaintiff's counsel re: deposition of plaintiff.3.40 10/27/2020 TAD Revise requests for admission to include additional requests. Prepare subpoena for employment records. Telephone conference with plaintiff counsel re: depositions.0.60 10/28/2020 TAD Receipt and review of correspondence from plaintiff re: deposition. Prepare response to same. Prepare notice of deposition of plaintiff.0.20 IR Receipt and reveiw of the City of Boynton Beach's Notice of Taking Deposition of the Plaintiff, scheduled for December 10, 2020 at 10:00a.m., via Zoom Video-Conference; preparation of tickler to discuss preparation of Virtual Deposition Notebook, in advance of said deposition; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to list new discovery and deadlines, as well as subpoena, anticipated to be issued on November 11, 2020;0.90 FOR CURRENT SERVICES RENDERED 7.00 1,363.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.90 $125.00 $112.50 TRACEY A. DECARLO 6.10 205.00 1,250.50 Photocopies 10.50 TOTAL EXPENSES THRU 10/31/2020 10.50 Page 81 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905462 STATEMENT NO: 33639 adv. Capobianco, Ewa (Charge of Discrimination) TOTAL CURRENT WORK 1,373.50 BALANCE DUE $1,373.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 82 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905465 Boynton Beach FL 33435 STATEMENT NO: 33640 Attn: Lynn Swanson adv. Estimable, Gerard (water damage to residence from sewer overflow) Billing Category: 18 - RLO Claim #20807873 HOURS 10/05/2020 TAD Receipt and review of correspondence re: release. Review deed and property appraiser information. Confer with SAS re: ownership issues and prepare correspondence to adjuster and City re: same.0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 83 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905511 Boynton Beach FL 33435 STATEMENT NO: 33641 Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18 - RLO Claim #20825463 HOURS 10/01/2020 HN Email and phone call to TAD regarding the joint discovery report. Phone discussion with JAC regarding the joint discovery report. Email to Karen Ho and Wing Ho with the draft joint discovery plan.0.50 TAD Receipt and review of correspondence re: disclosures and discovery plan. Review and edit plan. Receipt of correspondence re: mediation. Confer with HN re: conference and plan.1.40 10/02/2020 HN Emails and phone calls to Karen and Wing Ho and counsel for the CRA related to the Joint Discovery Plan filing due on Monday, October 5, 2020. Edit to Joint Discovery Plan to include the CRA. Emails to Plaintiffs and CRA related to Notice of Mediator Selection and recommendation of two mediators we have used in the past. Email to plaintiffs most recent joint discovery plan with the CRA information cc Telsula Morgan and TAD. Phone call discussions with Telsula Morgan. Review of Karen Ho's email and response to Karen's Ho's email cc TAD and Telsula Morgan.2.90 IR Receipt and review of email regarding the Plaintiff's response to the City of Boynton Beach's Motion to Dismiss, filed on September 16, 2020; online retrieval and analyzed the Plaintiff's court filings, saved the United States District Court docket through current, and prepared email to attorneys, attaching said court docket, regarding whether the Plaintiff responded, or otherwise filed some sort of answer to the City's Motion to Dismiss, which they did not; reviewed the Court's Divisional information from online United States District Court, Southern District of Florida, regarding trial information of civil cases in 2021; preparation of ticklers to follow up with deadlines and review docket in 20 days, regarding status of discovery, in compliance with the Court's Order of same;1.60 CLD Two phone calls to pro se defendant, Karen Ho, re: coordinating discussion on joint discovery plan.0.60 10/05/2020 TAD Receipt and review of proposed discovery plan. Receipt of correspondence re: changes to same. Receipt of plaintiff's motion to strike Kitttendorf motion to dismiss. Receipt of Plaintiff's motion to strike City's Motion to Dismiss. Receipt of Plaintiffs Motion to Strike CRA/Simon Motion to Dismiss. Confer with HN re: responsse to same. Review information on docket re: response.2.20 IR Receipt and review of email from HSN, regarding status of Plaintiff's recent Page 84 of 453 Page: 2 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905511 STATEMENT NO: 33641 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS filings, received at Goren Cherof in hard copy, as the Plaintiff's response to the Defendants' Motion to Dismiss and Motion to Strike, as alleged to be in violation of the US Constitution; reviewed Plaintiff's filings; retrieval of online docket of United States District Court, Southern District of Florida and review of court docket filings; preparation of response to HSN regarding status of Plaintiffs' filings, with a Certificate of Service date of September 29, 2020; preparation of tickler to retrieve docket on October 6, 2020; receipt and review of USDC Clerk's emails, with attached filings posted this date of Plaintiffs' [DE 19], Motion to Strike [DE 12], Defendants' Motion to Dismiss with Prejudice of [DE 1] Plaintiffs' Complaint, along with the Plaintiffs' filings of [DE 18] and [DE 17], which includes the Plaintiffs' Memorandum of Law, in Support of their Motions to Strike; preparation of ticklers for October 19, 2020, as noted by the Clerk of the Court for the USDC, for Defendants' responses thereto;1.60 HN Edits to Joint Discovery Plan. Phone call discussion with TAD. Phone call discussion with Telsula Morgan. Review of Motions to Strike that were filed today. Started drafting response to Motions to strike. Drafted City's motion to strike plaintiffs pretrial discovery plan. Email to Telsula Morgan cc TAD of the draft motion to strike. Review of Telsula Morgan's edits. Approved for filing with the court.4.70 10/06/2020 TAD Receipt and review of correspondence re: discovery plan and motion. Review motion to strike.0.30 CLD Drafted follow up email to pro se Plaintiff re: mediator selection.0.20 10/07/2020 TAD Receipt and review of correspondence re: mediator. Review information on mediator. Confer with HN and CRA counsel re: same.0.40 HN Drafting City's response and Shane Kittendorf's response to Plaintiffs' Motion to Strike. Research on westlaw as to use of a motion to strike. Research as to FRCP 11, 9 and 5. Follow up email to TAD with draft responses. Drafted notice of selection of mediator.3.60 CLD Drafted and e-filed Notice of Mediator Selection.0.20 10/08/2020 HN Review of email from Telsula Morgan regarding the mediator selected by Karen Ho. Edit to notice of selection of mediator. Email to TAD with draft. Email exchanges with TAD regarding setting a mediation date. Review of Pretrial Scheduling order. Review of TAD's edits to City and Kittendorf's responses to Plaintiffs' Motion to Strike. Edit of responses. Review of Local Rule 7.1(a)(3)(B). Follow up email to TAD with revised language.2.20 TAD Receipt and review of correspondence re: selection of mediator. Confer with HN re: same. Receipt of motions to strike. Receipt of responses and memorandum of law. Revise same and prepare correspondence re: issues and exhibits to motion.2.20 10/09/2020 TAD Receipt and review of amended response re: motion to strike. Receipt of notice of suggestion of mediator. Receipt of correspondence re: response to Plaintiffs' motions and motions. Review case law re: motions for memorandum of law and response.1.10 HN Review of draft responses to Plaintiffs' motion to strike city's motion to strike and Shane Kittendorf's motion to strike. Phone call discussion with Telsula Morgan and coordination to file notice of mediator selection.0.80 IR Receipt and review of United States District Court, Clerk of the Court emails that pertain to filings with the Courts of several documents related to initial pleadings' filings and responses thereto, with court deadlines that replies Page 85 of 453 Page: 3 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905511 STATEMENT NO: 33641 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS thereto are due by October 16, 2020;0.70 CLD Drafted Service of Court Document e-transmittals to pro se defendants re: City and S. Kittendorf's Response to M/Strike Plaintiff's MTD Complaint and Notice of Mediator Selection.0.30 10/12/2020 HN Review of filed discovery plans, review of Federal Rule of Civil Procedure 26(a)(1)(C) and email to TAD. Phone call discussions with Shane Kittendorf, TAD and Lynn Swanson. Started drafting initial disclosures and email to Telsula Morgan from CRA related to deadline of 10/16 for initial disclosures.1.10 TAD Receipt and review of correspondence re: initial disclosures. Review Plaintiffs proposed case management schedule. Prepare correspondence re: same. Confer with HN re: initial disclosures and motions to dismiss. Confer with City re: Kittendorf motion.1.10 IR Receipt and review of Clerk of the United States District court docket, with, DE 25, dated October 9, 2020, of the City's Response to Motion Regarding DE 17, Motion to Strike DE 10, Motion to Dismiss DE 1, Complaint, filed by the City of Boynton Beach, with Replies due to the Court by October 16, 2020; receipt and review of the United States District Court, docket clerk of DE 26, Notice to Mediator Section, as Steven Mayans as Mediator, by the City of Boynton Beach, filed October 9, 2020; retrieve Mediator Mayans online information to the City's Witness and Document Tracking list, accordingly;0.80 10/13/2020 HN Drafting Initial disclosures. Review of all documents providing by Shane Kittendorf. Phone call discussion with John Kuntzman, Crystal Gibson and Lynn Swanson in preparation of initial disclosures.3.50 CLD Downloaded documents from LS for Initial Disclosures.0.30 10/14/2020 TAD Receipt and review of correspondence from Plaintiff re: mediation. Receipt of notice of mediator selection. Review order re: requirements for initial disclosures. Review claims against Kittendorf and prepare correspondence re: same.0.90 HN Preparing documents related to initial disclosures. Review of the recorded corrective order from the building board of adjustments and appeals case and email to John Kuntzman. Email exchanges with John Kuntzman related to mailing the corrective order from the Building Board of Adjustment and Appeals.0.90 CLD Started identifying/matching up Initial Disclosures documents for serving on the Plaintiffs.0.30 10/15/2020 HN Left a voice message for Telsula Morgan, counsel to CRA. Review of initial disclosures draft and email to TAD with draft. Review of TAD's comments and edits. Email to Lynn Swanson and John Kuntzman regarding documents and recordings that the City may have in its possession. Phone call discussion with Crystal Gibson and Lynn Swanson. Listened to Building Board of Adjustment and Appeals meetings from 8/14/19, 9/25/19, and 2/18/20. Email exchanges with Telsula Morgan.4.80 TAD Receipt and review of proposed disclosures. Prepare revisions to same. Confer with HN re: initial disclosures.0.80 CLD Continued working on identifying Initial Disclosure documents; began formatting assistance of the pleading.3.00 10/16/2020 TAD Receipt and review of information re: meetings and board. Review Page 86 of 453 Page: 4 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905511 STATEMENT NO: 33641 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS information re: initial disclosures and correspondence re: same. Prepare correspondence re: same.1.30 HN Review of draft initial disclosures and final review of documents being sent to Karen Ho. Discussion with TAD. Email exchanges with John Kuntzman for recent documents to include in the initial disclosures. Phone call discussion with Telsula Morgan regarding initial disclosure documents.1.80 CLD Finalized Initial Disclosures document.0.50 CLD Continued working on identifying Initial Disclosure documents; review numerous emails with additional documents and additions to the pleading, including materials from J. Kuntzman; resizing of .jpg photographs for printing; revisions to certificate of service and body of the pleading; drafted instructions to MM for mailing.5.50 10/19/2020 TAD Receipt and review of plaintiffs reply. Prepare correspondence re: same. Confer with HN re: response to motion and mediation.0.70 HN Review of Karen Ho's Reply to our response. Phone call discussion with TAD on legal strategy in the case and possible defenses. Review and edit to notice of appearance. Review of federal and local rules related to notice.1.10 10/20/2020 TAD Receipt and review of CRA and Simon response to Motion to Strike with memorandum of law. Review rules cited by Plaintiff re: reply memorandum. Receipt of correspondence re: mediation of matter and prepare response to same.0.60 HN Email exchange regarding mediation and discussion with GB regarding federal case and mediation.0.50 GB Telephone conference call with HN regarding case update and mediation. Emails with TAD and HN regarding mediation. Emails with City regarding mediation. Reviewed case file in preparation for upcoming mediation.0.90 10/21/2020 CLD Drafted e-correspondence to CRA attorney and S. Kittendorf re: mediation and coordination of dates.0.20 GB Telephone conference call and emails with HN regarding mediation.0.20 HN Email exchanges regarding mediation.0.20 10/22/2020 TAD Receipt and review of correspondence re: hearing. Prepare correspondence re: same.0.20 CLD Discussion with HN re mediation date; drafted email to Karen Ho to coordinate same.0.20 IR Receipt and review of Wing K. Ho and Karen Yeh-Ho, Pro Se Plaintiffs' Reply and Response [DE 24, 25] to Motion to Strike, Motion to Dismiss Complaint [DE 17, 10 & 1], filed October 19, 2020; receipt and review of Response in Opposition [DE 19] to Defendant's Motion to Strike [DE 12] and Defendant's Motion to Dismiss with Prejudice Plaintiffs' Complaint [DE 1], filed by City of Boynton Beach's Community Redevelopment, filed October 19, 2020, with Response due by October 26, 2020 by Plaintiff; receipt and review of City of Boynton Beach's Notice of Appearance of Counsel, Attorney Needleman [DE 1.20 10/23/2020 HN Email exchange with TAD re: non response from Karen Ho related to mediation scheduling.0.20 TAD Receipt and review of information re: mediation. Review trial order and prepare correspondence re: mediation issues.0.30 CLD Drafted letter to Karen Ho re: scheduling mediation.0.30 GB Telephone conference call with HN Regarding mediation and plaintiff's lack Page 87 of 453 Page: 5 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905511 STATEMENT NO: 33641 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS of response to coordination attempts.0.20 10/27/2020 HN Review and edits of letter to Karen Ho regarding a mediation date. Review of pretrial scheduling order. Discussion with GB.0.30 TAD Receipt and review of correspondence re: mediation and prepare response to same. Review CRA/Simon motion to dismiss and response in opposition to motion. Receipt of correspondence re: initial disclosure and prepare response to same.0.70 GB Telephone conference call with HN regarding mediation and letter to Plaintiff. Reviewed and edits to letter to Plaintiff regarding mediation.0.30 10/29/2020 HN Email to TAD cc GB regarding 11/30 deadline to provide list of expert witnesses. Phone discussion with TAD regarding list of experts due on 11/30/20. Phone discussion with Telsula Morgan. Left message for Andrew Baumann regarding filing a joint motion for extension of time to file list of experts. Review of docket.0.80 TAD Receipt and review of correspondence re: expert list. Confer with HN re: motion for extension of time due to pending motions.0.30 10/30/2020 HN Email to CRA counsel, Andrew Baumann regarding joining in our motion to extend time to list our experts cc TAD. Email exchange with Andrew Baumann. Drafting motion for extension of time to file expert list. Review of docket, federal rules of civil procedure and the southern district local rules related to expansion of time. Email with draft motion to TAD.2.10 TAD Receipt and review of correspondence re: expert disclosure and motion. Prepare correspondence re: same. Review motion and trial order regarding deadlines and proposed extension. Prepare revisions to same. Receipt of Plaintiff's reply memorandum to motion to dismiss with exhibits.1.20 FOR CURRENT SERVICES RENDERED 66.80 12,294.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 32.00 $205.00 $6,560.00 GAL BETESH 1.60 205.00 328.00 CYNTHIA L. DUNN 11.60 125.00 1,450.00 INGRID RIERA 5.90 125.00 737.50 TRACEY A. DECARLO 15.70 205.00 3,218.50 Photocopies 329.35 TOTAL EXPENSES THRU 10/31/2020 329.35 10/16/2020 Federal Express - Invoice 7-162-28668 15.50 15.50 TOTAL ADVANCES THRU 10/31/2020 15.50 Page 88 of 453 Page: 6 CITY OF BOYNTON BEACH 11/03/2020 ACCOUNT NO:306-9905511 STATEMENT NO: 33641 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) TOTAL CURRENT WORK 12,638.85 BALANCE DUE $12,638.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 89 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905518 Boynton Beach FL 33435 STATEMENT NO: 33642 Attn: Lynn Swanson adv. Jones, Doris (MVA with Personal Injury) Billing Category: 18 - RLO Claim # HOURS 09/28/2020 IR Receipt and review of email received from R. Ignoffo, Human Resources / Risk Coordinator I, with the City of Boynton Beach RE: moving vehicle accident from September 22, 2020 between Doris Jones and city employee, Frank Gerrard Harvey, who was driving the garbage truck; reviewed Florida Traffic Crash Report, 17 color photographs, incident report, supervisor's notes, Accord Loss Notice; checked if new COBB matter number provided yet; prepared sixty and ninety day tickler;1.40 10/02/2020 IR Receipt and review of email forwarded from City of Boynton Beach, L. Swanson; reviewed new City of Boynton Beach case and responded with information pertaining thereto;0.30 FOR CURRENT SERVICES RENDERED 1.70 212.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.70 $125.00 $212.50 TOTAL CURRENT WORK 212.50 BALANCE DUE $212.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 90 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905519 Boynton Beach FL 33435 STATEMENT NO: 33643 Attn: Lynn Swanson adv. Mass, Delores (Sewer Line Back-up) Billing Category: 18 - RLO Claim # HOURS 10/13/2020 IR Receipt and review of email from Richard Ignoffo, Human Resources and Risk Coordinator at the City of Boynton Beach, with attachments thereto, pertaining to new matter of water damage on October 1, 2020, at Boynton Beach property; reviewed photographs, Incident Report, First Claim of Loss form, and Emergency Express Restoration Invoice with W-9; preparation of 30 day ticklers, otherwise, no further action with regard to proposed litigation;0.80 10/14/2020 TAD Receipt and review of correspondence from City re: claim. Receipt of claim information.0.40 FOR CURRENT SERVICES RENDERED 1.20 182.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TRACEY A. DECARLO 0.40 205.00 82.00 Photocopies 10.85 TOTAL EXPENSES THRU 10/31/2020 10.85 TOTAL CURRENT WORK 192.85 BALANCE DUE $192.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905521 Boynton Beach FL 33435 STATEMENT NO: 33644 Attn: Lynn Swanson adv. Williams, Tiera (MVA) Billing Category: 18 - RLO Claim # HOURS 10/20/2020 GB Reviewed police report, incident report and loss notice for new file.0.30 10/21/2020 TAD Receipt and review of correspondence re: claim notice. Review claim notice and accident report. Review BBPD report re: accident. Receipt of additional correspondence from City re: same.0.50 IR Receipt and review of email from Richard Ignoffo, City of Boynton Beach Risk Management Division, with attachments of Florida Traffic Crash Report, Photographs, CAD Call Summary, Statements received; initial preparation of the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; prepared ticklers for 30, 60 and 90 days out from the initial receipt of this accident information, from the City's Risk Management department;2.10 10/23/2020 IR Preparation of background searches on Tiara Latrice Williams in South Florida and from Michigan; online searches of claimant on the Palm Beach County and Circuit courts' dockets, for prior automobile accidents, or other litigation, etc.; updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart;1.20 10/26/2020 TAD Receipt and review of correspondence from City re: claim and additional claim information.0.20 FOR CURRENT SERVICES RENDERED 4.30 617.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.30 $205.00 $61.50 INGRID RIERA 3.30 125.00 412.50 TRACEY A. DECARLO 0.70 205.00 143.50 TOTAL CURRENT WORK 617.50 BALANCE DUE $617.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 453 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2020 100 E. Ocean Avenue ACCOUNT NO:306-9905522 Boynton Beach FL 33435 STATEMENT NO: 33645 Attn: Lynn Swanson adv. Ward, Doreen (Sewer Line Back-up) Billing Category: 18 - RLO Claim # HOURS 10/29/2020 GB Reviewed new file.0.20 IR Receipt and review of email from Richard Ignoffo, Risk Management Division of the City of Boynton Beach, regarding new claim within the City of an alleged broken sewer line back-up; reviewed color photographs of property, bathroom area, etc; reviewed Incident Report by the City, as well as the Claim of Loss form; receipt and review of internal memoranda with new case file matter;0.60 FOR CURRENT SERVICES RENDERED 0.80 116.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $205.00 $41.00 INGRID RIERA 0.60 125.00 75.00 TOTAL CURRENT WORK 116.00 BALANCE DUE $116.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 93 of 453 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management Attn: Karen Klein P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT:Gallagher Bassett Services, Inc.138 MATTER:Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 10/31/20 November 17, 2020 Bill No. 54727 HoursDateAttorneyServices PROFESSIONAL SERVICES 10/02/20 Communicate/Other Counsel correspondence from Attorney Sharmin re: status of employment of Mr. Hurney with Boynton Beach Police Dept and whether Mr. Katz is still the Chief of Police in Boynton Beach. 0.20SWK 10/05/20 Communicate/Other Counsel correspondence from Attorney De Carlo to Attorney Sharmin re: status of employment of Mr. Henry with Boynton Beach Police Dept and Mr. Katz is no longer the Chief of Police in Boynton Beach. 0.20SWK 10/14/20 Review/Analyze Plaintiff's Notice of Taking Deposition of Officer Corey Herny. 0.20SWK Code AmountHoursRateName PROFESSIONAL SERVICES SUMMARY 111.00185.000.60SWKStephanie W. Kaufer, Partner Total Professional Services $111.000.60 Page 94 of 453 Gallagher Bassett Services, Inc. Matter: 18187 - Readon v. Boynton Beach Page 2 November 17, 2020Client: CURRENT BILL TOTAL AMOUNT DUE $111.00 Balance Forward: Payments & Adjustments:-694.00 694.00 111.00Total Due:$ Page 95 of 453 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 54727Bill Number: Client Code:138 Client Name:Gallagher Bassett Services, Inc. Bill Date:November 17, 2020 18187 Readon v. Boynton Beach Matter Code: Matter Name: CURRENT BILL TOTAL AMOUNT DUE $111.00 0.00Past Due Balance TOTAL AMOUNT DUE $111.00 Balance Forward: Payments & Adjustments:-694.00 694.00 111.00Total Due:$ Total Professional Services Total Disbursements 0.00 111.00 Page 96 of 453 6.B. C ONS E NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Resolution No. R20-131 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Edward Byrne Memorial J ustice Assistance Grant (J A G) subject to the approval of the City Attorney. Explanation of Request: The U.S. Department of J ustice, Office of J ustice Programs, has awarded the Police Department a J ustice Assistance Grant (J A G) for the 2020-2021 funding cycle in the amount of $32,298. Approval of this award will allow the police department to develop and integrate an empowerment based training program to aid in breaking the cycle of violence in the following ways: I ncrease women's and girl's safety Provide an understanding of violence and Offer comprehensive options to recognize, prevent and interrupt violence We are requesting the full allocation of the award to support the program's essential supply needs, training costs, and overtime costs for personnel. How will this affect city programs or services? I ntegrating an empowerment based program will enhance a sense of safety, instill confidence, and support the healing process for individuals within the community who have experienc ed difficult and/or traumatic incidents in their lives. The program also teac hes how to communicate assertively and advoc ate for one's self while under emotional or physical stress perpetrated by both strangers and familiar people. Finally, ac ceptanc e of this grant will allow the police department to implement another proac tive strategy to reduce crime through the education of victims and bystanders of violent crime in the city. Fiscal Impact: Non-budgeted By accepting this award, the police department will receive $32,298 to improve our operations and better serve the community. J A G awards previously accepted: FY19/20 $34,740 FY 18/19 $33,744 FY 17/18 $30,300 Alternatives: Do not accept the award. Page 97 of 453 Strategic Plan: Boynton Beach Branding Strategic Plan Application: n/a C L IMAT E AC T IO N AP P LIC AT IO N: n/a Is this a grant? Yes Grant Amount: $32,298.00 AT TAC H ME N TS: Type Description Resolution Resolution approving and accepting the D OJ J A G Grant 2020 Page 98 of 453 S:\CA\RESO\Agreements\Grants\DOJ JAG Grant 2020 - Reso.docx RESOLUTION NO. R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AUTHORIZING THE MAYOR TO ACCEPT 4 THE EDWARD BYRNE MEMORIAL JUSTICE 5 ASSISTANCE GRANT (JAG) (2020-DJ-BX-0897) IN THE 6 AMOUNT OF $32,298.00 AND TO SIGN ANY REQUIRED 7 DOCUMENTS ASSOCIATED WITH THE GRANT 8 ACCEPTANCE; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, the City of Boynton Beach Police Department has been awarded 13 $32,298.00 in grant funding for the Department of Justice funding cycle 2020 - 2021 Justice 14 Assistance Grant (JAG) (2020-DJ-BX-0897); and 15 WHEREAS, the grant funding will be used to develop and integrate an empowerment 16 based training program to aid in breaking the cycle of violence; and 17 WHEREAS, upon recommendation of staff, the City Commission has determined that 18 it is in the best interests of the residents of the City to authorize the Mayor to sign all documents 19 associated with acceptance of the Department of Justice fiscal year 2020 Justice Assistance 20 Grant (JAG) (2020-DJ-BX-0897) in the amount of $32,298.00 to develop and integrate an 21 empowerment based training program to aid in breaking the cycle of violence. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 authorize the Mayor accept and to sign all documents associated with the Department of Justice 29 Page 99 of 453 S:\CA\RESO\Agreements\Grants\DOJ JAG Grant 2020 - Reso.docx fiscal year 2020 Justice Assistance Grant (JAG) (2020-DJ-BX-0897) in the amount of 30 $32,298.00 to develop and integrate an empowerment based training program to aid in breaking 31 the cycle of violence, a copy of which is attached hereto as Exhibit “A”. 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this _____ day of December, 2020. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor – Steven B. Grant _____ _____ 39 40 Commissioner – Ty Penserga _____ _____ 41 42 Commissioner – Justin Katz _____ _____ 43 44 Commissioner – Woodrow L. Hay _____ _____ 45 46 Commissioner – Christina L. Romelus _____ _____ 47 48 49 VOTE ______ 50 51 ATTEST: 52 53 54 _____________________________ 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 60 (Corporate Seal) 61 62 63 Page 100 of 453 Department of Justice (DOJ) Office of Justice Programs �s Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Boynton Beach 3301 Quantum Boulevard Suite 100 Boynton Beach, FL 33426-8670 2a. GRANTEE IRS/VENDOR NO. 596000282 2b. GRANTEE DUNS NO. 072247133 3. PROJECT TITLE Fiscal Year 2020 JAG Grant 4. AWARD NUMBER: 2020 -1)J -BX -0897 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 09/19/2020 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD PAGE I OF 32 10/01/2019 TO 09/30/2023 10/01/2019 TO 09/30/2023 7. ACTION Initial 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). $0 S32,298 $ 32,298 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byme Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE - 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL I Katharine T. Sullivan Steven Grant Principal Deputy Assistant Attorney General Mayor I 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. VDJUGT3807 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 32298 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs * Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements PAGE 2 OF 32 The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ('DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements PAGE 3 OF 32 The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the 'Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UnifonnRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 5. Required training for Point of Contact and all Financial Points of Contact PAGE 4 OF 32 Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfiilly completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead ON to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION E Bureau of Justice Assistance SHEET PAGE 5 OF 32 Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. i The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:Hojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- PAGE 6 OF 32 A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award ofboth-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 7 OF 32 any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can email E - Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance 10. Requirement to report actual or imminent breach ofpersonally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipients breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract'). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ftmding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement 'contract' (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htni (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs a Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award; association with federal government PAGE 8 OF 32 SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage [d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) 0 Office of Justice Programs 9�Bureau of Justice Assistance PROJECTNUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 9 OF 32 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htrn (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION SHEET Bureau of Justice Assistance PAGE 10 OF 32 Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agencyV (OJP or OW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET �nMR%e Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 I SPECIAL CONDITIONS 24. Restrictions on "lobbying" PAGE 11 OF 32 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be i barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRcstrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION t Bureau of Justice Assistance SHEET Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters PAGE 12 OF 32 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it leams or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/1912020 SPECIAL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 13 OF 32 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S. C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 14 OF 32 Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; unallowable costs: notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information -communication restriction." B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. LA of this condition) that would be reimbursed wholly or partly with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. LA of this condition, is in compliance with the award condition entitled "Noninterference (within the funded'program or activity') with federal law enforcement: information -communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. LA of this condition, may be subject to any information - communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. LA of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information - communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information - communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information - communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 15 OF 32 32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information -communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph LA of this condition) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph 1.A of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph LA of this condition, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV 4-88) Department of Justice (DOJ) = r Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 16 OF 32 Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 33. Noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information - communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 17 OF 32 34. No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 18 OF 32 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition -- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law -enforcement -sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law -enforcement -sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 19 OF 32 36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition -- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law -enforcement -sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law -enforcement -sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs € 'I Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 20 OF 32 37. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement'; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local govermnent (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 38. No use of funds to interfere with federal law enforcement: Notice of scheduled release PAGE 21 OF 32 SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government -contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government -contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 22 OF 32 39. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations --including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain" in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside" the U.S.--within the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien." (2) The term "juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of - (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that - (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. OJP FORM 4000/2 (REV 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS PAGE 23 OF 32 (7) "State" and 'local government' include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) 'Program or activity" means what it means under 42 USC 2000d -4a B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV 4-88) Department of Justice (DOJ) Office of Justice Programs i+ Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens PAGE 24 OF 32 SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government - contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC I101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien." (2) The term "juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)). (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 25 OF 32 Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 SPECIAL CONDITIONS (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d -4a B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 41. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. 42. Cooperating with OJP Monitoring The recipient agrees to cooperate with ON monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to ON all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000/2 (REV. 4-88) ' Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 43. FFATA reporting: Subawards and executive compensation PAGE 26 OF 32 The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.httn (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 44. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 45. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 46. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.cjp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 47. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 48. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c) -(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs t i Bureau of Justice Assistance Vba, PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 49. Protection of human research subjects PAGE 27 OF 32 The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 50. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 51. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 52. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (intemet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 53. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 54. Submission of eligible records relevant to the National Instant Background Check System PAGE 28 OF 32 Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 55. Compliance with National Environmental Policy Act and related statutes PAGE 29 OF 32 Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/Ibja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 56. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROJECT NUMBER 2020 -DJ -BX -0897 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 57. Prohibition on use of award funds for match under BVP program PAGE 30 OF 32 JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 58. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 59. Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/tecbnology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 60. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 61. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Too] (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 62. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. ON FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 63. Expenditures prohibited without waiver PAGE 31 OF 32 No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 64. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA] Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OR (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 65. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 66. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. 1 the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0897 AWARD CONTINUATION SHEET Grant AWARD DATE 09/19/2020 SPECIAL CONDITIONS 67. Withholding of funds: Required certification from the chief executive of the applicant government PAGE 32 OF 32 The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 68. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) F Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Boynton Beach The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 4, Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 12020 -DJ -BX -0897 PAGE 1 OF 1 This project is supported under FY20(BJA -JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 ofpart E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 1. STAFF CONTACT (Name & telephone number) Tamaro White (202)353-3503 3a. TITLE OF THE PROGRAM JAG Local: Eligible Allocation Amounts $25,000 or More 4. TITLE OF PROJECT Fiscal Year 2020 JAG 5. NAME & ADDRESS OF GRANTEE City of Boynton Beach 3301 Quantum Boulevard Suite 100 Boynton Beach, FL 33426-8670 i i 2. PROJECT DIRECTOR (Name, address & telephone number) Jaclyn Smith Officer PO Box 310 Boynton Beach, FL 33425-0310 (561)742-6195 ext.6141 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2019 TO: 09/30/2023 FROM: 10/01/2019 TO: 09/30/2023 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 32,298 09/19/2020 11. SECOND YEAR'S BUDGET I 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information OJP FORM 4000/2 (REV. 4-88) sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF 6.C. C ONS E NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Resolution No. R20-132 - Releasing the Declaration of Unity of Title for Habitat for Humanity of South Palm Beach County (a.k.a. HF H) to allow establishment of individual parcels and property control numbers for each of the two duplex units and satisfy lending requirements. Applicant: J effrey Fengler, Habitat for Humanity of S. Palm Beach County. Explanation of Request: Habitat for Humanity has acquired and assembled, and unified property, and built a duplex on the property located at NE 12th Avenue. The property (land) will be maintained in ownership under a 99-year land trust, with the two dwelling units being sold to eligible homeowners. The lender is requiring property control numbers for each of the two units, which requires re-creating two separate parcels. To create individual lots, the unity of title recorded in 2018 must be released by the City Commission. I t is also important to know that this request is co-joined by a request from HF H for the City to execute and record a Declaration of Unity of Control for the same property, in place of the Unity of Title document to be released. This document allows the land to be construed as a single parcel for zoning purposes, and fulfills the requirements of a lot line modification review in accordance with the Land Development Regulations. This item is being processed concurrently by a separate resolution. How will this affect city programs or services? No impact on programs or services except that HFH's housing programs supports home ownership by low income families within the Community. Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 101 of 453 AT TAC H ME N TS: Type Description Resolution Resolution approving Release of Declaration of Unity of Title Exhibit Release of Unity of Title Exhibit Survey of duplex and parcels Exhibit Original Unity of Title to be released Page 102 of 453 {00414400.1 306-9001821} RESOLUTION NO. R20-___ 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE RELEASE OF THE 4 DECLARATION OF UNITY OF TITLE FOR PROPERTY 5 CONSTRUCTED WITH A DUPLEX BY HABITAT FOR 6 HUMANITY OF SOUTH PALM BEACH COUNTY (A.K.A. HFH); 7 AND PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, Habitat for Humanity assembled and unified property, and built a duplex on 9 NE 12th Avenue, which will be maintained in ownership under a 99-year land trust, with the two 10 dwelling units being sold to eligible homeowners; and 11 WHEREAS, the lender is requiring property control numbers for each of the two units, 12 which requires re-creating two separate parcels therefore, the unity of title recorded in 2018 must 13 be released by the City Commission; and 14 WHEREAS, the applicant is requesting a subsequent approval and recordation of a 15 Declaration of Unity of Control to be in place once the Unity of Title document is released; and 16 WHEREAS, the City Staff has reviewed the request and recommends approving the 17 Release of the Declaration of Unity of Title for the property constructed with a duplex by Habitat 18 for Humanity of South Palm Beach County (a.k.a. HFH). 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and incorporated 22 herein by this reference. 23 Section 2. The City Commission approves the Release of the Declaration of Unity of 24 Title for property constructed with a duplex by Habitat for Humanity of South Palm Beach County 25 (a.k.a. HFH), and authorizes the City Manager to sign the Release of Unity of Title and any related 26 documents to effectuate the release, a copy of which is attached hereto as Exhibit “A”. 27 Section 3. This Resolution shall become effective immediately upon passage. 28 29 PASSED AND ADOPTED this _____ day of December, 2020 30 Page 103 of 453 {00414400.1 306-9001821} CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 Mayor – Steven B. Grant _____ _____ 33 34 Vice-Mayor – Ty Penserga _____ _____ 35 36 Commissioner – Justin Katz _____ _____ 37 38 Commissioner – Woodrow L. Hay _____ _____ 39 40 Commissioner – Christina L. Romelus _____ _____ 41 42 VOTE ______ 43 ATTEST: 44 45 46 _____________________________ 47 Crystal Gibson, MMC 48 City Clerk 49 50 51 (Corporate Seal) 52 53 Page 104 of 453 Page 105 of 453 Page 106 of 453 Page 107 of 453 Page 108 of 453 Page 109 of 453 Page 110 of 453 Page 111 of 453 Page 112 of 453 Page 113 of 453 6.D. C ONS E NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Resolution No. R20-133 - Approving the Declaration of Unity of Control for the property constructed with a duplex by Habitat for Humanity of South Palm Beach County (a.k.a. HFH), as required to satisfy lending requirements. Applicant: J effrey Fengler, Habitat for Humanity of S. Palm Beach County. Explanation of Request: Habitat for Humanity unified the property, and built a duplex on the property located at NE 12th Avenue. The property (land) will be maintained in ownership under a 99-year land trust, with the two dwelling units being sold to eligible homeowners. The lender is requiring property control numbers for each of the two units, which requires re-creating two separate parcels. To create individual lots, the unity of title recorded in 2018 must be released by the City Commission. This request for approval and recordation of a Declaration of Unity of Control is in place of the Unity of Title document that is to be released. The Declaration of Unity of Control allows the land to be construed as a single parcel for zoning purposes, and fulfills the requirements of a lot line modification review in accordance with the Land Development Regulations. Alternatively explained, a duplex within the conventional zoning district of R-2 is construed as a single structure on a single parcel with minimum setback standards applied to all property boundaries. The Declaration of Unity of Control document recognizes the single (unified) ownership of the parcels over the existence of the two separate parcels which would otherwise be seen as violating the minimum setback regulations with the units being constructed in zero-lot-line fashion. Through a Land Trust, Habitat for Humanity will retain ownership and control of the entire property and in compliance with all other Land Development Regulations and ensure proper cross access and maintenance of property. How will this affect city programs or services? No impact on programs or services except that HFH's housing programs supports home ownership by low income families within the Community Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Page 114 of 453 Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution approving Declaration of Unity of Control Attachment Unity of Control-Legal Description-Survey Attachment Original Unity of Title Page 115 of 453 {00414129.1 306-9001821} RESOLUTION NO. R20-___ 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING A DECLARATION OF UNITY OF 4 CONTROL FOR PROPERTY CONSTRUCTED WITH A DUPLEX 5 BY HABITAT FOR HUMANITY OF SOUTH PALM BEACH 6 COUNTY (A.K.A. HFH); AND PROVIDING AN EFFECTIVE 7 DATE. 8 WHEREAS, Habitat for Humanity assembled and unified property, and built a 9 duplex on NE 12th Avenue, which will be maintained in ownership under a 99-year land trust, 10 with the two dwelling units being sold to eligible homeowners; and 11 WHEREAS, the lender is requiring property control numbers for each of the two units, 12 which requires re-creating two separate parcels therefore, the unity of title recorded in 2018 must 13 be released by the City Commission; and 14 WHEREAS, this request for approval and recordation of a Declaration of Unity of Control 15 is in place of the Unity of Title document that is to be released; and 16 WHEREAS, this legal instrument allows the land to be construed as a single parcel for 17 zoning purposes, and fulfills the requirements of a lot line modification review in accordance with 18 the Land Development Regulations; and 19 WHEREAS, the City Staff has reviewed the request and recommends approving the 20 Declaration of Unity of Control for the property constructed with a duplex by Habitat for Humanity 21 of South Palm Beach County (a.k.a. HFH), to satisfy lending requirements. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 23 CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and incorporated 25 herein by this reference. 26 Section 2. The City Commission approves the Declaration of Unity of Control for 27 property constructed with a duplex by Habitat for Humanity of South Palm Beach County (a.k.a. 28 HFH), to satisfy lending requirements and authorizes the City Manager to sign any related 29 documents to effectuate the recording of the Declaration of Unity of Control, a copy of which is 30 attached hereto as Exhibit “A”. 31 Page 116 of 453 {00414129.1 306-9001821} Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this _____ day of December, 2020 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 Mayor – Steven B. Grant _____ _____ 36 37 Vice-Mayor – Ty Penserga _____ _____ 38 39 Commissioner – Justin Katz _____ _____ 40 41 Commissioner – Woodrow L. Hay _____ _____ 42 43 Commissioner – Christina L. Romelus _____ _____ 44 45 VOTE ______ 46 ATTEST: 47 48 49 _____________________________ 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 56 Page 117 of 453 Page 118 of 453 Page 119 of 453 Page 120 of 453 Page 121 of 453 Page 122 of 453 Page 123 of 453 Page 124 of 453 Page 125 of 453 Page 126 of 453 Page 127 of 453 Page 128 of 453 Page 129 of 453 Page 130 of 453 Page 131 of 453 6.E . C ONSE NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Approve the one-year extension for RF Ps/Bids and/ or piggy -bac ks for the procurement of servic es and/or c ommodities as desc ribed in the written report for D ecember 1, 2020- "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Financ e/Proc urement D epartment submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to C ommission as part of the initial approval process. Procurement seeks to provide an acc urate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). V E N D O R (S)D ES C R IP T IO N O F S O LIC ITAT IO N S O L IC ITAT IO N N U MB E R R E N E W AL T E R M AMO U N T B RY C E R. LLC .The C ompliance Engine City RF Q No. 029- 1710-16/J MA J anuary 5, 2020 thru J anuary 4, 2021 3rd Party agreement approved thru Ordinance. I t is a software that cost the C ity no money to use. S TRATUS I NTE RP RE TI NG S E RV I C E S Video Remote I nterpreting City Two-Party Agreement Dec ember 19, 2020 thru Dec ember 18, 2021 $1,500 Annually OC E A N S I D E B E A C H S E RV I C E, I NC . Beach Equipment Concession for Oceanfront Park 007-2730-16J MA Dec ember 16, 2020 thru Dec ember 15, 2021 $43,200/Y R THE GE HRI NG GROUP, I NC . Employee Benefits Consulting Servic es 012-1610-18/I T J anuary 1, 2021 thru Dec ember 31, 2021 $79,800 Annually Page 132 of 453 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -bac ks that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solic itations to be issued Str ategic Plan: Str ategic Plan Application: C L IMAT E AC T IO N AP P L IC ATIO N: Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description A ddendum RE QUE ST FOR B I D E X TE NS I ONS 12-01-20 RW - P D F A ddendum Bry cer LL C E xec uted S LA Agreement W ith C OB B RW A ddendum Bry cer LL C - C OB B S L A Renewal Agreement Signed 11-16-20 RW A ddendum Gehring-Renewal I nterest Letter thru 12.31.21 - S I GNE D A ddendum Proposal - Oceanside B eac h Servic e A ddendum Concessionaire A greement A ddendum Oceanside Beac h Service Contract Renewal I nterest Letter Signed 11-16-20 RW A ddendum Stratus - C OB B Executed Agreement Page 133 of 453 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS December 01, 2020 Page 1 0f 2 REQUESTING DEPARTMENT: RECREATION (Equipment Concession for Oceanfront Park ) DEPARTMENT CONTACT: KACY YOUNG TERM: December 16, 2020 thru December 15, 2021 SOURCE FOR PURCHASE: City RFP No. 007-2730-16/JMA ACCOUNT NUMBER: N/A VENDOR(S): Oceanside Beach Service, Inc. ANNUAL ESTIMATED EXPENDITURE: N/A – Annual Estimated Revenue: $40,800 DESCRIPTION: On December 15, 2015, City Commission approved a three-year lease agreement with Oceanside Beach Service, Inc. for beach equipment rental concession at Oceanfront Park. The Contract allows for three (3) additional one-year renewal options with the same terms and conditions and predetermined annual increases in the monthly rent paid to City of Boynton Beach. The vendor has agreed to renew the Contract for the third one-year renewal option thru December 15, 2021 with $3,400 monthly lease payments in accordance with the lease agreement provisions. REQUESTING DEPARTMENT: HUMAN RESOURCES DEPARTMENT CONTACT: JULIE OLDBURY TERM: JANUARY 1, 2021 thru December 31, 2021 SOURCE FOR PURCHASE: RFP NO. 012-1610-18/IT ACCOUNT NUMBER: 001-1610-513-49-17 VENDOR(S): GEHRING GROUP, INC. ANNUAL ESTIMATED EXPENDITURE: $79,800 DESCRIPTION: On June 05, 2018, City Commission authorized the City Manager to sign an Agreement with Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for Employee Benefits Consulting Services, in the monthly amount of $6,650 for an initial period covering July 1, 2018 thru December 31, 2019. The agreement allows for four (4) additional one-year renewal terms. The Vendor has agreed to renew the Agreement for the second one-year renewal term under the same prices, terms and conditions. REQUESTING DEPARTMENT: CITY MANAGER DEPARTMENT CONTACT: DEBBIE MAJORS TERM: December 19, 2020 thru December 18, 2021 SOURCE FOR PURCHASE: City Two-Party Agreement ACCOUNT NUMBER: 103-2110-521-34-53 VENDOR(S): STRATUS INTERPRETING SERVICES ANNUAL ESTIMATED EXPENDITURE: $1500 DESCRIPTION: On December14, 2016, the City Manager approved a two-year contract with Stratus Interpreting Services for video remote interpreting for American Sign Language. The Contract allows for automatic one-year renewal options with the same prices, terms and conditions until either party elects to terminate the agreement. Page 134 of 453 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS December 01, 2020 Page 2 0f 2 REQUESTING DEPARTMENT: FIRE DEPARTMENT CONTACT: KATHY CLINE TERM: January 5, 2020 thru January 4, 2021 SOURCE FOR PURCHASE: City RFQ No. 029-1710-16/JMA ACCOUNT NUMBER: N/A VENDOR(S): BRYCER LLC ANNUAL ESTIMATED EXPENDITURE: N/A DESCRIPTION: The City Manager approved a one-year contract, dated November 14, 2018, with Brycer LLC for “The Compliance Engine”.. The Contract allows for successive annual one-year renewal periods by mutual consent with the same prices, terms and conditions until either party elects to terminate the agreement. The Vendor has agreed to renew the Agreement for one-year renewal term under the same prices, terms and conditions . Page 135 of 453 Page 136 of 453 Page 137 of 453 Page 138 of 453 Page 139 of 453 Page 140 of 453 Page 141 of 453 Page 142 of 453 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 November 16, 2020 Cindy Thompson, V.P. of Operations The Gehring Group, Inc. 4200 Northcorp Parkway, Suite 185 Palm Beach Gardens, FL 33410 VIA EMAIL TRANSMITTAL TO: cindy.thompson@gehringgroup.com BID: Employee Benefits Consulting Services BID No.: 012-1610-18/IT CURRENT TERM: January 1, 2020 thru December 31, 2020 Dear Ms. Thompson: The current renewal term for the “Employee Benefits Consulting Services” contract awarded to The Gehring Group, Inc. expires December 31, 2020. We have been very happy with The Gehring Group, Inc.’s service. The contract documents allow for four (4) additional one-year renewal (with three remaining)and we would like to extend the contract terms for the second additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to woodj@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at (561) 742-6318. Sincerely, Randy Wood, CPPB Contract Administrator cc: Julie Oldbury, Director of Human Resources and Risk Management Andrea Javier, Benefits Administrator Page 143 of 453 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 December 10, 2019 BID: Employee Benefits Consulting Services BID No.: 012-1610-18/IT Agreement between the City of Boynton Beach and The Gehring Group, Inc.: BID RENEWAL TERM: January 1, 2021 thru December 31, 2021 _____ Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the contract for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ The Gehring Group, Inc. ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL X Kurt Gehring CEO 11/17/2020 561-626-6797 kurt.gehring@gehringgroup.com cindy.thompson@gehringgroup.com Page 144 of 453 Page 145 of 453 Page 146 of 453 Page 147 of 453 Page 148 of 453 Page 149 of 453 Page 150 of 453 Page 151 of 453 Page 152 of 453 Page 153 of 453 Page 154 of 453 Page 155 of 453 Page 156 of 453 Page 157 of 453 Page 158 of 453 Page 159 of 453 Page 160 of 453 Page 161 of 453 Page 162 of 453 Page 163 of 453 Page 164 of 453 Page 165 of 453 Page 166 of 453 Page 167 of 453 Page 168 of 453 Page 169 of 453 Page 170 of 453 Page 171 of 453 Page 172 of 453 Page 173 of 453 Page 174 of 453 Page 175 of 453 Page 176 of 453 Page 177 of 453 Page 178 of 453 Page 179 of 453 Page 180 of 453 Page 181 of 453 Page 182 of 453 Page 183 of 453 Page 184 of 453 Page 185 of 453 Page 186 of 453 Page 187 of 453 Page 188 of 453 Page 189 of 453 Page 190 of 453 Page 191 of 453 Page 192 of 453 Page 193 of 453 Page 194 of 453 Page 195 of 453 Page 196 of 453 Page 197 of 453 Page 198 of 453 Page 199 of 453 Page 200 of 453 Page 201 of 453 Page 202 of 453 Page 203 of 453 Page 204 of 453 Page 205 of 453 Page 206 of 453 Page 207 of 453 Page 208 of 453 Page 209 of 453 Page 210 of 453 Page 211 of 453 Page 212 of 453 Page 213 of 453 Page 214 of 453 Page 215 of 453 Maureen Huber 12/19/16 Page 216 of 453 Page 217 of 453 Page 218 of 453 Page 219 of 453 6.F. C ONS E NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Resolution No. R20-134 - Authorize the Mayor to sign an I nterlocal Agreement between the City and C RA for the funding of the Tree Canopy Coverage Project. Explanation of Request: On September 1, 2020, the City Commission of Boynton Beac h adopted a citywide tree planting goal of 3,000 trees per year to achieve 20% tree canopy c overage by 2035 (R20-091). The tree planting goal will assist with the implementation of the C ity's 2020 Climate Ac tion Plan to encourage development equity for the low-income neighborhoods with lower c anopy coverage, and help make Boy nton Beach a more sustainable city. On November 10, 2020, the Boynton Beac h Community Redevelopment Agency (C RA) Board signed the attached I nterlocal Agreement (I L A) for the funding of the Tree Canopy C overage Project in an amount not to exceed $60,650. This amount was approved by the C RA Board on S eptember 8, 2020 as part of the F Y 2020-2021 Budget to fund the Tree C anopy Coverage Projec t. The goal is to assist the City with its tree planting goal and to improve the overall quality, aesthetics, and function of the designated properties identified as Tree Canopy Coverage Project Potential Planting Areas (P PAs) within the C RA Area. The I L A details the responsibilities of the City and C RA , the procedures for fund reimbursement to the City, and the reporting requirements by the City to ensure compliance with the Plan and Florida Statutes. Consistent with the 2016 Boynton Beac h Redevelopment Plan and C hapter 163, Florida S tatutes, the C RA funds will be used for material and equipment costs assoc iated with the physical improvements of the Project. The City will be responsible for overseeing the Project, coordinating with the contractor(s) and other entities as nec essary for the completion of the project. Additionally, the City will also be responsible for the maintenance of the trees planted as a result of the projec t, along with contracting with other entities as necessary to comply with Urban Forestry Management or applicable industry best management standards. Staff have reviewed the I LA and recommend approval by City Commission. How will this affect city programs or services? This I nterlocal Agreement with the C RA will provide funding to help meet the citywide goal of planting 3,000 trees per year. The City will utilize this funding for tree plantings on public lands within the C RA area. The City will hire one or more vendors to supply trees, associated materials, equipment, and labor to install the trees; and will request reimbursement from the C RA for trees, materials, and equipment only as stipulated in the I LA. Funding for the labor costs is described below under Fiscal I mpact. The City will submit a year-end report to C RA summarizing the tree plantings completed and funds expended during F Y 2020-2021. Fiscal Impact: Budgeted Funding for the tree plantings (estimated $45,000) is allocated in F Y 2020-2021 in the following accounts: Utilities Sustainability Account #401-2821-536.94-44 and Parks and Grounds Account #001-2730-572.49-17 Alternatives: Not approve the I nterlocal Agreement to fund the Tree Canopy Coverage Project. Strategic Plan: Redevelop Downtown, Building W ealth in the Community, Boynton Beach Page 220 of 453 Branding, Transportation and Mobility Strategic Plan Application: By increasing tree canopy, this project will enhance property values and economic development across the C RA, contribute to more walkable neighborhoods, and help to brand Boynton Beach as a sustainable community. C L IMAT E AC T IO N AP P LIC AT IO N: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Resolution Resolution approving I LA with C RA for Tree Canopy Project funding I nterlocal Agreement C RA Executed I L A for Tree Canopy Page 221 of 453 S:\CA\RESO\Agreements\ILA With CRA For Funding Tree Canopy Coverage Project - Reso1.Docx RESOLUTION NO. R20-___ 1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 3 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 4 OF BOYNTON BEACH AND THE BOYNTON BEACH 5 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 6 FUNDING FOR THE TREE CANOPY COVERAGE PROJECT; 7 AND PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, the City Commission adopted Resolution R20-091 which established a 9 city-wide tree planting goal; and 10 WHEREAS, the City is undertaking a Tree Canopy Coverage Project to plant trees in 11 furtherance of that goal; and 12 WHEREAS, on November 10, 2020 the Boynton Beach CRA approved the Interlocal 13 Agreement between the City of Boynton Beach and the CRA to fund the Tree Canopy Coverage 14 Project within the Boynton Beach Community Redevelopment Area in the amount of 15 $60,650.00; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve and 18 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 19 Redevelopment Agency to fund the Tree Canopy Coverage Project within the Boynton Beach 20 Community Redevelopment Area. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and incorporated 24 herein by this reference. 25 Page 222 of 453 S:\CA\RESO\Agreements\ILA With CRA For Funding Tree Canopy Coverage Project - Reso1.Docx Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 26 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 27 Beach and the Boynton Beach Community Redevelopment Agency to fund the Tree Canopy 28 Coverage Project in an amount not to exceed $60,650.00, a copy of said Interlocal Agreement 29 is attached hereto as Exhibit “A”. 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this _____ day of December, 2020. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor – Steven B. Grant _____ _____ 37 38 Vice Mayor – Ty Penserga _____ _____ 39 40 Commissioner – Justin Katz _____ _____ 41 42 Commissioner – Woodrow L. Hay _____ _____ 43 44 Commissioner – Christina L. Romelus _____ _____ 45 46 VOTE ______ 47 ATTEST: 48 49 50 _____________________________ 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) 56 Page 223 of 453 Page 224 of 453 Page 225 of 453 Page 226 of 453 Page 227 of 453 Page 228 of 453 Page 229 of 453 Page 230 of 453 Page 231 of 453 Page 232 of 453 Page 233 of 453 Page 234 of 453 Page 235 of 453 Page 236 of 453 Page 237 of 453 Page 238 of 453 Page 239 of 453 Page 240 of 453 Page 241 of 453 Page 242 of 453 Page 243 of 453 Page 244 of 453 Page 245 of 453 Page 246 of 453 Page 247 of 453 Page 248 of 453 Page 249 of 453 Page 250 of 453 6.G. C ONS E NT A GE ND A 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on November 4, 2020. Explanation of Request: The City Commission met on November 4, 2020 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. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building W ealth in the Community Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Minutes Minutes 11-04-2020 Page 251 of 453 Minutes of the Boynton Beach City Commission Special Meeting Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Wednesday, November 4, 2020, at 5:30 P.M. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner (arrived at 5:48pm) Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Director, ITS, explained how the meeting would proceed and how the public could participate. Invocation by Apostle Tommy Brown of New Disciples Worship Center Apostle Tommy Brown gave the Invocation. Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Vice Mayor Penserga led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant moved Item 3.I., update regarding the Town Square Project, regarding JKM Development to Legal as Item 12. E. and moved 12 C, Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Boulevard property to before the Consent Agenda. Items 8. A, B, and C, should remain on the table. Page 252 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 2 2. Adoption Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioners Katz and Hay had no disclosures. Vice Mayor Penserga disclosed he spoke to both parties involved with the Mallorca Isles item. Mayor Grant attended the Florida League of Cities Advisory Committee on the 23 rd and that afternoon attended the Tim Howard Excellence in Public Service Award. He was pleased Mr. Howard was honored for his service. He attended a Palm Tran Connection Disadvantaged Local Coordinating Board meeting on the 28th. On the 29th, he attended Read for the Record at Freedom Shores Elementary and attended a virtual Metropolitan Planning Organization Advisory Council on behalf of the Palm Beach County Transportation Planning Agency. He played golf with John Markey and Jeff Johnson of JKM Developers to support Habitat for Humanity, and he was able to speak with their Executive Director, Randy Nobles, Troy McClellan of the Boca Chamber and Jason Hagensick of the YMCA. That morning Habitat partnered with Lowes and the Boynton Beach Police Department to paint and install a new roof on Mr. Barton’s home. Mr. Barton is 98 years old and a WWII Veteran who is still driving his Cadillac. This morning Mayor Grant was a panelist for Congress Middle School for the new assistant principal and they have a new fundraising campaign, a step it up kit that he will be contributing to. 3. Announcements, Community and Special Events And Presentations A. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Mayor Grant read the Proclamation declaring the month of November as National Family Caregivers Month. Mr. Petty was honored and pleased to accept the award. He advised caregiving is an amazing and challenging job. Their mission is to assist caregivers and provide resources and services for caregivers and each year, they provide an event in appreciation of caregivers. This year’s event will be held virtually on November 10 th from 11 a.m. to 1 p.m. on Facebook Live. He hoped all would join in. He will send a link to post on the City’s website. It will be a drive through pick-up event at St. John Missionary Baptist Church. Caregivers can pick up a gift bag if they register for the event. B. Proclaim November 16 - 22, 2020 as “Entrepreneurship Week” for the City of Boynton Beach. David Scott, Director of Economic Development and Strategy, will accept the proclamation. Page 253 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 3 Mayor Grant read the Proclamation declaring November 16th to 22nd as Entrepreneurship Week. Mr. Scott accepted the award and thanked all for the Proclamation. He announced 80% of businesses have 10 or less employees and Boynton is a City of small businesses. The Proclamation acknowledges the start-ups and entrepreneurs that make Boynton Beach their home. Each week global entrepreneurship inspires thousands of events, activities and competitions in over 180 countries. Last year, they partnered with Palm Beach County and West Palm Beach to implement a seven-day showcase. This year’s event was cancelled due to COVID, but a large event was planned for next year. Hosting this type of activity has a positive impact on aspiring entrepreneurs, moving them along the spectrum from an idea to beginning a start-up. This year’s workshops focused on start-ups and entrepreneurs. A partnership with the City, the CRA and the Library helps cultivate an entrepreneurial ecosystem. He announced the Business over Coffee meetings are the first Thursday of every month at 8 a.m. The meetings were previously held at Fire Station No. 5, but are now held virtually and ten to 15 businesses attend. Businesses who participate love the networking opportunities. (Commissioner Romelus arrived at 5:48 p.m. She advised she had no disclosures.) C. A Veterans Day Ceremony will be held on Wednesday, November 11, 2020, at 11:00 a.m. at the Tom Kaiser, USN, Boynton Beach Veterans Memorial Park. This event is produced in partnership with the Boynton Beach Veterans Task Force. CDC guidelines will be followed. Mayor Grant announced the above event. D. Announcement by Diane Valentini from Recreation and Parks about the Oceanfront Bark special event held at Oceanfront Park beach. The event is scheduled for Saturday November 21, 2020, from 9 am - 12 noon. Diane Valentini, Recreation Manager, announced the Oceanfront Bark event They welcome all well-behaved dogs to party on Oceanfront Park Beach on November 21st from 9 a.m. to noon. It is an opportunity for dogs to be allowed off leash in a designated fenced area on the beach. Dogs must have appropriate licensing and there will be free parking that day. This event was held last year and was very popular. This year, they are bringing in some vendors providing information about their business, which are all pet related. The event will be held the third Saturday of every month. The next events will be held December 19th, January 16th, and February 20th. Anyone with further questions should call (561) 742-6243. E. Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents from November 2nd through November 6th, 2020. Page 254 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 4 Mayor Grant announced the details about Tire Amnesty Week. F. Reminder: City offices & the Library are closed on Wednesday, November 11, 2020 in observance of Veterans Day. Mayor Grant announced City closings due to Veterans Day. G. The PBC Health Care District Mobile Covid-19 testing unit will be coming back to Boynton Beach on the following dates: Friday, November 6, 2020 at the Boynton Beach Mall Monday, November 9, 2020 at the Ezell Hester Center Monday, November 16, 2020 at the Senior Center The unit will be open from 9 a.m. to 4.p.m. An informational flyer is attached. Mayor Grant announced the events. H. The City Commission will have a workshop meeting at 5:00 p.m. on Thursday, November 12th to discuss the City's affordable and workforce housing programs/ordinance. Mayor Grant announced the virtual workshop. He commented in order to provide affordable workforce housing, there are certain subsidies to be provided to the developers otherwise they are unable to build the structures. I. Update on the Town Square Project from E2L Solutions and JKM Developers, Inc Mark Hefferin, E2L, reviewed a PowerPoint presentation and gave a progress report of movement made over the last month. An aerial photo of the Town Square showed the landscaped areas including the grass was completed. The amphitheater is finished and a sound test was conducted last Thursday. Landscaping on 1st Street was completed and the Kapok Tree was doing well. E2L received the time capsule and will deliver it to the City next week along with a bronze plaque representing the Centennial time frame to be opened in future generations. The artwork, Synerthesia was installed. The children’s playground dedication took place and over 200 butterflies were released. The temporary north parking lot by the Schoolhouse Children’s Museum (SCM) is active. They spoke with Suzanne Ross, Executive Director SCM and Diane Valentini, Recreation Manager, and attendance was increasing. The Old High School is open and has lots of activity. They landscaped the Seacrest and Boynton Beach Boulevard corner, which is set up for overflow parking. Using a drone, a hotel view from the hotel pool deck area looking to the Old High School was viewed without the north garage obstruction. They are still talking about parking options and continue to like the original design, but adjustments Page 255 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 5 were being made. Commissioner Katz commented there had been discussion about the Old High School and the back of the building, but it was not the back. He asked if there were accent pieces or City banners to improve the façade and make the building more aesthetically pleasing. Colin Groff, Assistant City Manager, responded there is more construction planned north of the building so one would not see the back of the building. When building on the north parcel takes place, they will try to dress it up temporarily. Vice Mayor Penserga asked about the status of a hotel. Mr. Hefferin explained they have a Memorandum of Understanding signed with a hotel group, but they are considering a different brand. The market is impacted by the pandemic and the beach communities were rebounding better. There is a lot of interest in the parcel, but parking is the number one challenge for them. This was always Phase IV of the Town Square planned and they are trying to move it up to an earlier phase, but they need to address parking to get in and out of that parcel as well as traffic and rights-of-way issues. Mayor Grant asked when E2L will take ownership of the land. Mr. Hefferin responded they have an option to turn in to update the original Purchase and Sales agreement. They could take rights to it now, but they did not want to start construction without knowing they have alternatives regarding parking. They will not take title until they had a permit and knew that the project would move forward before actually making the purchase. 4. Public Audience Individual Speakers Will Be Limited to Three-Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27th Way, asked Mr. Hefferin if the time capsule was waterproof and learned it was. Ms. Oyer thanked the Police Department. A young girl in her neighborhood disappeared and the Police were amazing going door-to-door. The girl was found safe. Ms. Oyer suggested using the back of the Old High School to project movies for the community. When she was in England, they projected historic pictures on buildings in the wintertime and she thought something similar could be done here. Ms. Krusell had informed her they had done something like that in the past. Luanne Moore, 133 Buffet Key, spoke about a public safety issue resulting from permitting high powered antennas in close proximity to the public and the denial of responsibility by Assistant City Manager Groff. She was contacted last week by a person claiming to represent the applicant for these permits and she asked them why they were constructing and operating antennas close to the public in violation of federal law. He told her it was because compliance with federal law is not a requirement for these construction permits. She emphasized they were low and mid-band, high-powered broadcasts into residential homes and bodies. She advised the Governor’s office said the permitting falls under Home Rule and she asserted the City was causing these public safety problems by its denial and failure to keep up with federal law. She commented Page 256 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 6 federal law can supersede state and local laws. The City Ordinances in Florida and elsewhere can and do exceed federal compliance in rights-of-way and other laws pertaining to wireless communication infrastructure and the City has the definition and regulations in their Code or Ordinances. In addition to the rights-of-way rules they are in Part IIL LDR, Chapter 3 Zoning, Article 5 Supplemental Regulations, Section 13 for wireless communications facilities. She explained WCX means any manned or unmanned location that transmits or receives radio frequency signals or other wireless communication usually consists of an antenna or proof of antenna, transmission cables and equipment cabinets and they include antenna support structures. Under general provisions for the purpose of antennas is to promote the health safety and welfare of the general public. She wanted the permits denied and revoked and an application screening process put in place for all telecommunication facilities. Mayor Grant requested they get the information from staff about the City’s current LDR so they can make an informed decision. Tory Orr, 407 NE 17th Avenue, asked about Wells Landing and if the management company would offer jobs to the community. Mayor Grant explained the item would be discussed later. Mr. McNally noted a question submitted by the public from Courtlandt McQuire who asked if the parking garage was put on hold indefinitely. Mayor Grant explained the permit for the parking garage was ready, but there are still revisions to the residences and a permit for them was not yet ready. 5. Administrative A. Approve the request of Commissioner Hay to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. B. Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to the Chevy DTV Foundation. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Darryl Sanders, 2001 NW 6th Street, Chevy DTV Foundation, thanked Mayor Grant for his donation. He explained this was just the first step with partnering with the Education Page 257 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 7 Foundation to teach the community how to use computers, partner with Healthier Boynton and help with Telemedicine. C. Approve the request of Mayor Grant to distribute $500.00 of his Community Support Funds to Boynton Strong Community Outreach and Training, Inc. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. Irwin Cineus thanked Mayor Grant and the Commission. They have been doing this since 2017 and are continuing to grow. Their main mission is outreach to help communities and families access resources. They try to identify issues in each community and bring solutions. They hold toy and food drives. They have held flea markets, and have been partnering with City officials and act as liaisons for the community. They help with job fairs and try to help with resources. They received a grant with Healthier Boynton Beach and have been holding training for 20 community members on how to perform CPR and Stop the Bleed. They also picked up 500 pounds of garbage. They will do anything to bring opportunities to the community. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Penserga nominated Frando Patterson as an alternate on the Education and Youth Advisory Board. Commissioner Romelus seconded the motion. The motion unanimously passed. Mayor Grant announced the other Board vacancies. C. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Motion Commissioner Hay moved to remove the item from the table. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant explained he received a lot of emails about the item. He reviewed the appraisal and contemplated why he was elected and felt he was elected to help improve the City. Originally the property would help the City because the area is an unincorporated part of Palm Beach County. He looked at the water utility map and those Page 258 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 8 properties would most likely come into the City He walked the property, and it has not been touched by humans. The forest is between the canals and they should preserve it. They can plant more trees in the City, but they cannot build homes there and then plant those trees. He announced he would not support selling the property. The appraisal did not take into account property south of the park in Delray and Boca and he thought the City should speak to other cities and try and find partners within the county and State to try to switch the homes with septic systems to a sewer system. Septic systems cause excess nutrients and fecal matter to enter the canals and Intracoastal. He did not think it was right they are using the waterways and property within City limits to dispose of their fecal matter. Mr. Groff explained the first appraisal was done in 2014 and the City has asked for an update. The entire parcel was originally appraised for $2.8M. The new appraisal is for $3.8M based on the best use based on the Future Land Use Map and zoning the County has on the property. It is also based on the property being ready to be developed. Vice Mayor Penserga understood the prior Commission had initiated a process where they list and publicly announce surplus properties and thought this was one of them. It is City-owned, but it is controlled by the County and whether the property is sold or not, the City has no legal say in what can be done. Now there are two parties interested in purchasing the property. He had explained if they are going to pursue the property, they should get the best value for the land and they need to set the facts straight. There is a political motivation behind all of this that was intentionally made to stir the pot. They are voting to sell or not sell surplus property. He thought they could add a condition that the animals be saved and relocated, and a portion of the proceeds of a sale be reinvested back into the environment, specifically for the Quantum Eco-Park. The idea that this property was the last forest was not true. The City has 60 acres that has been promised to be developed as an eco-park which would put the park on the map and make the City unique. The residents waited too long and they have an opportunity to invest and turn it into reality. He thought the Commission could make an investment in the 60-acre eco park. He requested those conditions be added. Mayor Grant asked Mr. Groff what the shaded areas on the unincorporated water utility map were and learned the shaded areas were the areas that have water and sewer utility service agreements. The service agreements have power of attorney language where the property owners have agreed to voluntarily annex into the City when the City chooses to do so. Mayor Grant thought it was important to obtain the property between Nickels and Javert for water service and start the process of annexation because the funds they will obtain for the City was needed. He understood Vice Mayor Penserga’s concerns, but if they sell the property to a home builder, they will build homes and not keep the property. He could not see cutting down one tree to plant another. There was not enough information from staff because they did not say $2.1M was an awful offer. The only thing they can gain by waiting is more money for this property if this or a future Commission decides to sell it, but the City could get a lot more value by holding on to it and working Page 259 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 9 with their neighbors. They will expand the City limits and have increased property values. He wanted to work with the City’s neighbors in the unincorporated areas. Commissioner Katz requested clarification when the property was transferred from the County to the City as a public use. He asked about the language used and about a percentage of property was conveyed to be preserved versus the entire property. Mr. Groff replied that based on their research and appraisal, there is .8 acres on the bottom corner that was deed restricted for a park. Most of the property was conveyed to the City by the County for the public good or for a public purpose. It does not say dedicated for any other use. Commissioner Hay agreed with Vice Mayor Penserga. He did not see annexing the property and he favored selling the property. It was surplus and the proceeds could work wonders in Quantum Park. He thought annexation would be a challenge. He supported selling it and moving on. Vice Mayor Penserga reiterated his reasons for opposing annexation. The dilemma is as good as it sounds and the optics might be a political gold mine. There are several undeveloped, unmaintained acres of properties in the City. Quantum Park has no lights and no gates. There were four dead bodies found there and the Fire Department has been called for brushfires from arsonists. He thought why absorb more when the City does not have the funds to maintain it. He did not support annexing additional property. Commissioner Hay pointed out annexation could only occur with property that was contiguous. Mayor Grant explained the Westside Baptist Church property was contiguous and could be annexed, but the area between Javert and Nickels would create a pocket, and unless they want to become part of the City, they could not be annexed. He had hoped to give them the opportunity. There would be 230 residences that were mostly single-family homes. If the homes paid $1,000 a year, in 10 years or more they will have achieved the value of the property. It would also be in perpetuity and then they could annex Cypress Creek and increase the City’s property value. Currently, Boynton Beach has the highest density in Palm Beach County at 4,600 people per square mile compared to Delray with 4,300. Delray’s property values were also higher than Boynton’s. The City does not have oceanfront property to help fund city services. Mayor Grant understood the comments, but thought taking the money and running was something to do in the short term and in the long term, they should try to expand the City and city services so they will have a long-term benefit for current and future residents. In 2017, the City attempted to connect them to City water and they were not interested. He thinks the residents thought there was no way the City would sell the property, If they realized the City would sell, unless they agreed to connect to water service so they could annex the property, it would make a difference. If the residents prefer septic, they are unlikely to sell their home and if the system fails, it cost of $20K to fix. There are environmental regulations in place that would hopefully encourage the residents to connect to the City’s sewer system. Page 260 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 10 Commissioner Hay explained the last time he spoke with residents, they did not want to annex. Mayor Grant wanted to expand the City’s footprint. He thought there should not be septic properties because the canal system does not look good when there is too much rain. The water table rises and they have to protect the environment. He further pointed out the appraisal depicts the land value per building, but not the value to the City and world how much carbon is there. He thought there was thousands of tons of carbon in the forest. If they sell to a developer, they are releasing carbon into the atmosphere. Mayor Grant opened Public Comment. The following citizens spoke individually and collectively against the City selling the Nickels Property based on public uses, climate action, lack of green space and traffic concerns:  Drew Martin, Sierra Club  Mike Fitzpatrick, 175 SW 2nd Street  Laura Milligan, 3621 Harlow Avenue. (Ms. Milligan presented a petition with 750 Signatures in support of preserving the forest)  Kathleen Gates, 9693 El Clair Ranch Road  Michael Zwierzyna, 9341 Longmeadow Circle  John Tierney, 3626 Ivanhoe Avenue  Kathryn Monaco, 9335 Longmeadow Circle  Charles Kanter, 2905 S Greenleaf Circle (He clarified when he heard the proceeds of the sale would be used for Quantum Eco Park, he supported the matter. He supports preserving these trees and announced he was neutral)  Desmond Gallant, 3590 Quentin Avenue  Ann Saunders, 9365 Longmeadow Circle  Louis (inaudible last name) at 9335 Longmeadow Circle  Gigi Grein, 9305 and 9311 Longmeadow Circle  Maryland Hammet, 102 SW 7th Street  Mike Corcoran, 9317 Longmeadow Circle  Tom Warnke, 2780 Worchester Road  Fernando Rocha, 2301 S Congress Avenue, # 1713  Susan Oyer, 140 SE 27th Way Mayor Grant commented they should try to find the best offer, which was to annex the area between Nickels and Javert, to get them off of septic systems. The EPA website said the soil can treat some pathogens, viruses and bacteria, but not medicines, cleaners and other harmful chemicals and septic systems did not work when the water levels are on the same levels as the septic system. Commissioner Romelus did not agree with the Mayor to solicit residents to switch from septic to sewer and did not agree it would be because the City Commission choose to save the forest. She believes until it is inconvenient enough, people would not switch from septic to sewer. She thought either way, it was a potential lose-lose situation. She noted there is an $3.8M appraisal that is above the two offers on the table and she would not Page 261 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 11 accept either offer. She would direct staff to end all negotiation and walk away. The residents in the area are unwilling to annex so there is no real win. The situation arose due to an unsolicited Letter of Interest. She was interested in seeing affordable housing constructed, but was not really sold on the proposals. She thought leave it alone and direct staff to have conversations with residents in the area and start making the transition from septic to sewer moving forward in an environmentally-friendly direction. Commissioner Hay was pleased so many showed up to speak on the property. He visited the site and spoke to people and there did not seem to be much interest in annexation. He is an advocate of green space and would like to preserve the forest. He walked it for a short time but thought the homeowners had to agree to keep it clean as it looked unkempt. It was 14 acres total, and he saw nice homes in the area. His earlier comments were made because he did not think there was much interest, but sees differently and he changed his mind. He agreed with Commissioner Romelus to make a transition to sewer and preserving the land. They can find funds for Quantum Park at another time. There are not many forests left in the City and there is room for improvement. Vice Mayor Penserga explained if people reviewed the recording, he took that line of reasoning based on a vote that the Commission previously had. His common sense told him to find a way to find a positive outcome, so he pushed for an investment at Quantum Eco Park as there have been bodies found there, trash and fires. He has heard a majority of the Commissioners change direction. He will always keep trying to present ideas to obtain benefits for the City. He is genuinely concerned about the properties the City currently has. They first have to take care of what they have and should not be reliant on external agents. Commissioner Katz did not have a strong position on this one way or the other, but he commended Vice Mayor Penserga for acknowledging the City has passive parks that were neglected. He noted some of the same people saying at every Commission meeting what to spend money on and then opposed an opportunity to obtain the funds to do so. There is a cost analysis to develop anything. He asked people to keep an open mind. You can’t get 100% of what you want when conflicting things are wanted. Attorney Cherof explained how to proceed. The item is about the Mallorca Letter of Interest and bundled into it is the Pulte contract which is on hold and is unsigned. If the Commission wants to clear the Board so all options are off the table, they need to reject the Letter of Interest from Mallorca and rescind Resolution No. R20-087 for the Purchase and Sale contract. Motion Vice Chair Penserga moved to reject the Letter of Interest from Mallorca Isles. Commissioner Hay seconded the motion. The motion unanimously passed. Motion Page 262 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 12 Commissioner Katz moved to reconsider and rescind Resolution No. R20-087. Commissioner Hay seconded the motion. The motion unanimously passed. Staff will move forward to treat the deposit as a transaction that is no longer pending. Mayor Grant will discuss any future options regarding this property on a future agenda. Commissioner Romelus asked how this situation occurred. Attorney Cherof explained the original transaction with Pulte regarding the deposit Pulte gave started in November 2019. They offered to purchase the property with terms and it had provisions for making deposits while they were making inspections and conducting due diligence. There were two deposits made and they offered the deposits with the idea it was a credit against the purchase price when the Purchase and Sale agreement was approved of and closed. The City will revisit the right of the City to either hold the deposit or return them. The methodology of the transaction from the inception was accepting a Letter of Interest to the property. The City would likely revisit the process in which City property is disposed of and staff will bring back ideas. Ms. LaVerriere explained when the Letter of Interest and was conveyed to the City Commission, at no time did staff negotiate anything until the City Commission directed them to do so. It was a very transparent process. Commissioner Romelus requested a Future Agenda Item to develop a more cohesive policy how to move forward with situations like this and in that policy, they look at Letters of Interest that give certain timelines. Commissioner Katz commented at this time, he did not intend to explore or support annexation of residential homes near the Nickels property. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve an increase to Purchase Order PO # 201223 for $53,500.00 issued to EnviroWaste Services Group, Inc for emergency cleaning of Master Pumping Station #317 wet well. With the proposed increase the new purchase order will be $83,000.00. B. Proposed Resolution No. R20-118 - Authorize the Mayor to sign an agreement between the City of Boynton Beach and the Hypoluxo Harbor Club Homeowners Association (Hypoluxo Harbor) providing for the collection and treatment of bulk sewer from their internal wastewater systems. Page 263 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 13 C. Proposed Resolution No. R20-119 - Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach (City) and Half Moon Bay Master Association, Inc. (Half Moon Bay) for the acquisition of the Half Moon Bay private Lift Station, and approve the associated costs to purchase the systems and install the necessary control panels and equipment. The purchase agreement also authorizes two associated utility easements required within Half Moon Bay. D. Legal Expenses - September 2020 - Information at the request of the City Commission. No action required. E. Approve minutes from the City Commission meeting on October 6, 2020. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Approve a purchase from Integrity Municipal Systems, Inc. for $177,800 to furnish, install and start-up services of a new Lime Slaker System at the East Water Treatment Plant as a sole source. B. Approve and authorize the issuance of a purchase order to Gentile Glas Holloway O’Mahoney, in the amount of $128,859.39 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 for the design, permitting, and construction administration of the site improvements at Ezell Hester Park. C. Proposed Resolution No. R20-120 - Approve utilizing City of Lake Worth Beach, Florida Bid No. 20-108 with Shrieve Chemical Company to provide 93% Sulfuric Acid on an “as needed” basis, in an estimated annual amount not to exceed $204,264 and authorize the City Manager to sign an Agreement with Shrieve Chemical Company. The City of Lake Worth Beach procurement process satisfied the City's competitive bid requirements. D. Approve an increase to the estimated two-year expenditure with Kelly Janitorial to $625,000 due to the additional COVID-19 response costs needed this fiscal year. Motion Page 264 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 14 Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 8. Public Hearing 6 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. Mayor Grant announced the first three items will remain on the table. A. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission Meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45-foot wide right-of-way of SE 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) D. Proposed Ordinance No. 20-036 - Second Reading - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Attorney Cherof read proposed Ordinance No. 20-036 by title only on Second Reading. Motion Page 265 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 15 Commissioner Katz moved to approve Ordinance No. 20-036. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. E. Proposed Ordinance No. 20-037 - Second Reading - Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts. Attorney Cherof read proposed Ordinance No. 20-037 by title only on Second Reading. There was no public comment received. Motion Commissioner Hay moved to approve Ordinance No. 20-037. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. F. Proposed Ordinance No. 20-038 - First Reading - Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL). Applicant: Elizabeth Roque/Wells Landing Apartments LLC Mayor Grant read proposed Ordinance No. 20-038 by title only on First Reading. Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elizabeth Roque/Wells Landing Apartments LLC Mayor Grant read Proposed Ordinance No. 20-039 by title only on First Reading. Brian Herbert, 1311 Newport Center Drive, Deerfield Beach, the architect of record was present. He explained the only proposed request to the north parcel of the Wells Landing project was a land use land amendment and a new site plan and a rezoning within the land use plan amendment. He reviewed a presentation. The zoning would change to MU Page 266 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 16 -1 at 20 dwelling units (DUs) per acre. To do so, they needed to change the land use. The current land use was a combination of Local Retail Commercial and medium density residential. The proposed land use would be Mixed-Use Low with 20 DUs per acre. The second request was a 30-foot roadway abandonment which is a portion of property that was not used. The next portion was a five-foot easement abandonment behind the property. The third request was a new site plan for a three-story 24 dwelling unit affordable housing mixed-use project with about 8K square feet of mixed-use commercial on the first floor. The building would front MLK Jr. Boulevard creating a plaza atmosphere with a breezeway and courtyard element between the buildings. Parking would be towards the rear of the development with ingress and egress on MLK Jr. Boulevard and a driveway onto N. 11th Avenue. There will be a buffer consisting of decorative concrete wall. There are conditions of approval which they agree with. An image of the site amenities was viewed. He reviewed the sustainability standards and they have exceeded them. Mayor Grant asked about electric vehicle charging stations and learned they were included. Other sustainable amenities included butterfly attracting plants, bike racks, energy efficient lighting and Heating Ventilation Air Conditioning systems, higher than normal insulation and water efficient features on the building. The landscaping was reviewed and they worked with staff on the north parcel and the Complete Street program to tie into MLK Jr. Boulevard with shade trees and typical planting along the perimeter of the property and the parking. They agreed to additional landscaping on the east and west ends of the building. An image of the building’s elevation was viewed which was Floribbean and Caribbean influenced. There will be a plaza, pedestrian atmosphere with shade trees and a courtyard. He reviewed the additional conditions of approval they agreed with. Ms. LaVerriere explained these amenities were items requested by staff after the Planning and Development meeting including the new State Fire Code which requires bi-directional amplifiers that will allow Fire and Police not have gaps in the communication systems inside the building if they are responding to an emergency. The Police Department wanted to work with the developer to have access to their security cameras and License Plate Readers once the project is constructed. The developer would maintain the cameras. Mayor Grant asked how wide the sidewalks would be on north side of MLK Jr. Boulevard and learned there is an eight-foot sidewalk from the backside of the parallel parking spaces to the tree planters and 25 feet between the back of the parallel parking to the outermost portion of the building creating 25 feet worth of sidewalk and plaza area. The building will have hurricane impact windows. Mayor Grant asked for a motion to approve Ordinance No. 20-038. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion for discussion. He noted former Commissioner McCray explained the community wanted a different project name. Commissioner Hay noted the community requested the project Page 267 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 17 be named the Heart of Boynton Village. Mr. Herbert explained this arose at the Planning and Development Board meeting and the developer was amenable to making a name change. Susan Oyer, 140 SE 27th Way, suggested the project be named after the Continental Club, a former club on MLK Jr. Boulevard that used to host several famous musicians. She thought it was a good way to honor the community’s history. Mayor Grant explained it was not their decision and he deferred to Commissioner Hay. A decision did not have to be made today. The applicant had agreed to wait on a formal name for the development. Vote City Clerk Gibson called the roll. The vote was 5-0. G. Approve Wells Landing North (NWSP 20-004) for a mixed-use development consisting of a three (3) story building with 24 Affordable housing dwelling units, 8530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC Motion Commissioner Katz moved to table item 8.G. to the next meeting. Commissioner Hay seconded the motion. The motion unanimously passed. H. Proposed Ordinance No. 20-040 - First Reading - Request for abandonment of a portion of the unimproved 30-foot wide right-of-way of NE 1st Street running north and south from NE 11th Avenue south approximately 150 feet (ABAN 21-002) Attorney Cherof read proposed Ordinance No. 20-040 by title only on first reading. A presentation on this Ordinance was made earlier in the meeting. Mayor Grant asked for a motion to approve Ordinance No. 20-040. Motion Commissioner Hay so moved. Vice Mayor Penserga seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. Page 268 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 18 Proposed Ordinance No. 20-041 - First Reading - Request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). Attorney Cherof read proposed Ordinance No. 20-041 by title only on First Reading. Mayor Grant asked for a motion to approve Ordinance No. 20-041. Motion Commissioner Hay moved to approve Ordinance No. 20-041. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. I. Approve Wells Landing South (NW SP 20-005) New Site Plan for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC Mr. Herbert reviewed the Site Plan has 100 units. One building runs parallel to MLK Jr. Boulevard with a pedestrian plaza in front of the property. They created small porch type elements. Parking is towards the rear of the building as well as the trash enclosure. The second building is on the west side of the property. The north portion has office and common areas to create a more active element. Adjacent residential properties are screened with a decorative concrete wall. Site amenities included efficient cooling 16 Seer air conditioners, efficient water heating systems, a cool roof system, lighter building colors, energy efficiency lighting and appliances in units and common areas, and reclaimed irrigation water. The insulation was increased from R19 to R30. The tree canopy increased by 10% and there are two EVC stations over the required minimum. The landscape plan was viewed. Additional landscaping will be added in the lower right-hand corner of the parcel and perhaps create a slash pine area. The civil engineering plan was reviewed. All the buildings would be covered within the radii of the fire hydrants. The building elevation was viewed. Mayor Grant liked that they had two four-story buildings, as they will have elevators which provided greater access for more people. The three-story building will have an elevator as well. Mayor Grant asked for a motion to table item 8.I to the next meeting. Motion Page 269 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 19 Commissioner Hay moved to table. The motion was duly seconded and unanimously passed. 9. City Manager’s Report A. Discuss naming City facilities in the Town Square Project in downtown Boynton Beach. Ms. LaVerriere explained the City has reached a point where they can begin to name some of the facilities in the Town Square. The City has a naming ordinance which provides a procedure. They are looking to name the area near the Kapok tree on the west side of the Old High School, the amphitheater, and the Old High School. They recommend Centennial Park for the open green space because it was built in the City’s Centennial Year. The Kapok tree is historic and stunning and the City recommends it be called Kapok Park and the Old High School be renamed the Boynton Beach Arts and Cultural Center. The Commission can initiate and have a five-member committee review the suggestions, hold a public meeting for input and bring back recommendations. The Recreation and Parks Board has handled naming requests in the past. They would take the suggestions and consider them at a public meeting and provide a recommendation to the Commission. The City was developing a marketing brochure for the Old High School as they are looking to rent it, particularly the upper floor. Commissioner Hay asked how much would it cost if he wanted to name the park Woodrow Hay Park or if it was an option the Commission would allow, The Ordinance also addresses remuneration if they want to sponsor the Arts and Cultural Center and they have a naming rights campaign. If donations are received to name a facility, it will come before the City Commission. Charlotte Pelton Associates helped determine what donation levels would be appropriate. If a donation is made, the matter would come before the City Commission to potentially alter the name again. Mayor Grant asked if a public survey was conducted and learned not yet. They are trying to have people attend the Recreation and Parks Board. If staff or the Commissioners receive suggestions, they too should be sent to the Recreation and Parks Board. Mayor Grant asked for a motion to send the naming rights to the Park and Recreation Board for naming rights and he wanted to limit the amount of suggestions the Board could provide to the City Commission to three suggestions per facility. Commissioner Katz added as a condition that the City Commission is not bound to taking any of those three suggestions. Mayor Grant agreed. Motion Commissioner Katz so moved. Commissioner Hay seconded the motion. The motion unanimously passed. The next Recreation and Parks Board meeting is the 23 rd. Page 270 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 20 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-121 - Approve the recovery of credit card/debit card surcharges (convenience fee) commencing December 1, 2020. Ms. LaVerriere explained the City is paying about $150K in transaction fees for credit card payments. Staff thought it was appropriate that the customer using the credit card to make payment absorb their transaction fee. There were no public comments received. Motion Commission Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. It was noted customers using Visa/Mastercard Credit/Debit Cards or any card with the Visa/Mastercard logo are charged. Customers paying using an E-check, check, or cash are not charged. B. Discuss and consider the development of a policy relating to the location of monuments on City property. Ms. LaVerriere explained staff had discussions with Legal and the Executive Team and the City does not have a policy on monuments in parks or on the side of the road. Some other cities do. The State and County have standards for that, and the City may want to develop a policy. If there is a request to install a monument, there is no criteria to review it. Staff can conduct further research to bring back to the Board. Some cities are discussing tearing down monuments. The City should have criteria to determine how to make that decision. Mayor Grant thought it may be similar to a letter of intent. Ms. LaVerriere explained staff needs guidelines. Mayor Grant suggested having it go through the Historic Resource Preservation Board and then to the City. Commissioner Katz explained it is one thing if a monument universally could not be considered questionable or open the door for people to request one under freedom of speech or equal treatment principles. He did not have an issue with monuments specific to the history of Boynton Beach or the City. But he was concerned someone may want to install something that could be deemed objectionable. There are military monuments. He was concerned if the City lets any group do this in a public park, and the community around the park objects, there would be problems. It should have a finite scope and be dedicated to the history of Boynton Beach. The last monument Mayor Grant was aware of was the 911 monument. He requested information on how the City Commission decided to put the piece of girder there. They reviewed what other cities have done. Mayor Grant thought it may not be Page 271 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 21 only Boynton Beach. It could be for the United States. It should be something that makes the world a better place. Attorney Cherof thought it would be helpful to gather ordinances from around the country that reveals the complexity of review and the balancing of interest that a review and approval would encompass. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) Motion Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion. Attorney Cherof explained in conjunction with the development of the Town Square, there were several easements granted for temporary construction areas and parking. As the project developed, the concern about releasing easements and approving new ones is no longer an issue for the City. They held them to ensure they did not give away anything they needed for the contractors to work or to park on under the terms of the Development Agreement. They are clear to move forward with the release of the old easements and adoption of new ones. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. B. Proposed Resolution No. R20-122 - Approve and authorize the Mayor to sign a Quit Claim Deed transferring the City of Boynton Beach property located at 1102 N. Federal Highway, Boynton Beach, FL to the Boynton Beach Community Redevelopment Agency (CRA). Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Any liens that would have been in favor of the City merge into the deed they will acquire on the successful outcome of the foreclosure case. The CRA will receive them from the City free and clear. The motion unanimously passed. C. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Page 272 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 22 This item was addressed earlier in the meeting. D. Proposed Ordinance No. 20-042 - First Reading - Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. There were no public comments received. Vote City Clerk Gibson called the roll. The vote was 5-0. Ms. LaVerriere will give Mayor Grant an executive summary of what has changed. E Update from JKM Developers Attorney Cherof explained JKM Developers presented a letter that provides no definitive deadline for dealing with the issue of the construction of the two parking garages. He noted the language in the latter: The expectation or hope to be able to finance construction is followed a disclaimer, which may just be wishful thinking. This item dates back to in December when Mr. Groff sent a letter to begin the 18 and 24-month clock running for the construction and delivery of the two garages. A few meetings ago, Commissioner Katz asked about the timelines, which were out the window. Shortly after, the City pressed to get something in writing. The City received a letter from JKM’s attorney indicating that four of the 11 conditions the City needed to implement to start the clock running had not been satisfied. Attorney Cherof explained it will not be resolved by further discussion, an exchange of letters or wishful thinking. He requested the City Commission give him approval to initiate proceedings to get that important element of the agreement resolved. There is an interest the City holds arising from the language and obligations of the developer that are contingent on those interpretations and there are legal vehicles to do so. Mayor Grant agreed with Attorney Cherof’s request. Mayor Grant gave his rational for supporting Attorney Cherof’s request. Mayor Grant wanted a deadline to pull the building permit. They learned with the Magnuson House that the reverter clause allows them to retain the property if the project does not move forward. He wanted to do it at time of permit rather than completion. Commissioner Katz asked if the City Commission can approve Attorney Cherof to engage in both actions as he sees fit regarding summary judgement whether the timeline should have started and to give Attorney Cherof the authority to pursue legal action in anticipation of breach of contract when appropriate. He expressed JKM did nothing, had no financing and they did not believe they had to start the project or was capable of doing so. Attorney Cherof explained he needs a simple authorization to initiate the appropriate litigation to Page 273 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 23 resolve the matter. There is plenty of opportunity to make the relief they are seeking more detailed as they move forward. Any solutions would return to the City Commission for approval. Motion Commissioner Katz moved to authorize Attorney Cherof to initiate litigation. Vice Mayor Penserga seconded the motion. Mayor Grant asked how much it cost to file a Declaratory Judgement and learned it may cost $10K or 15K to start. They had prevailing party attorney fees included. Mayor Grant asked if they pay to file a Declaratory Judgement and are wrong, they would likely pay for JKM’s attorney’s fees. Mayor Grant requested reviewing the documents. Attorney Cherof explained when the complaint is prepared he will meet with each Commissioner before filing. If there are any issues, they would come back to the City Commission before filing. Vote Commissioner Katz amended his motion to include said language. Vice Mayor Penserga agreed to the amendment. The motion unanimously passed. Mayor Grant noted JKM made a request to negotiate with a workforce housing developer. Attorney Cherof recommended holding off on taking action at this point. 13. Future Agenda Items A. Vice Mayor Penserga requested a discussion regarding a City Mural Program -TBD B. Proposed ordinance prohibiting the use of EPS foam in City facilities – TBD Mayor Grant added No Shave November as a Future Agenda Item and advised he would be participating. He thanked all who voted in the November election. He had a meeting with the Chevy DTV Foundation and the Marketing Department about Juneteenth and MLK Day. He hoped they could have the MLK Committee on a future agenda so they could move forward. He wanted a meeting similar to last year or an announcement. As soon as they get a date for the MLK Committee’s first meeting he wanted to be made aware of it. Mayor Grant wanted to add a discussion about the LDR’s and high-powered antennas. Commissioner Katz commented with respect to a speaker and their individual views about viruses and radio waves, he did not think the City Commission needed to discuss or perpetuate the idea that antennas cause medical problems that scientifically are not real. He did not want to perpetuate the idea they are changing their regulations based on invalid scientific and medical conspiracy theories. Mayor Grant noted they did extend Page 274 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 24 antennas at Little League Ball Parks and where they can go in the City. He wanted to know where residential and commercial antennas were. He noted 5G was coming in. Two or three years ago, when the State preempted them from allowing 5G towers, he wanted to get a better understanding of what the City’s LDRs say regarding 5G and high-powered antennas versus residential antennas. He would be happy to have that discussion with staff if the City Commission did not want to hear the matter. Ms. LaVerriere will put together a staff report for the Commission. Mayor Grant wanted to add a discussion of annexation and expanding water services. He opposed septic systems. Septic Systems over 40 years being in great working condition made no sense to him, especially with canal high rises. He wanted to know if there was any information they could get from the LWDD and SFWMD about the nutrient and bacterial levels in the canals throughout the City. Vice Mayor Penserga supported more information. It is not an annexation report, it was more of a quality of the City’s canal system working with other agencies. A report will be made in January. A college student sent a report indicating some nutrient and Ibuprofen levels in Boynton Beach are much higher than other areas, which he believes is due to septic systems as they do not remove medications that go through the human body. Medication in water is a problem. It was noted there is a medication drop off box. Staff will bring back further information. Mayor Grant thanked the City Commission for preserving the forest. Commissioner Katz suggested adding staff looking at the cost of Wi-Fi for the Joseph Crowder Dog Park area as it is in other parks and there are about a thousand residential units close to that park. The Wi-Fi would further enhance the park and park activities. Mayor Grant wanted to expand the park and get the cost of Wi-Fi for all the parks. The CRA has the funding. One aspect is to develop the operation and then the maintenance. He wanted to know the cost to place it there and the operator has the monthly fee and maintenance of the equipment. Ms. LaVerriere explained staff was already reviewing the matter. They would like to look at the entire park system and have a plan. It is not only installation but maintenance as well. It would have to be funded by or be a capital project. Staff will make a report. Vice Mayor Penserga asked for continued support to fund the Quantum Eco Park as it will be a jewel in the City. It will be a city-wide ecological educational and experiential park that will set the City apart from others. It could be part of their legacy. Mayor Grant agreed. He asked if they want to find a partner or issue a Request for Proposal. He asked if they wanted to make the park a wildlife sanctuary or other type of animal place where people would come with animals. Mayor Grant was amenable with partnering with someone to get it built and save animals at the same time. Commissioner Katz agreed with Vice Chair Penserga. The City wrestled for control of that park and they need to prioritize funding. He supported whatever mechanism that could be used between the District and the City to launch the park. The initiative would last beyond their terms and he supported Vice Chair Penserga’s views. Commissioners Hay and Romelus agreed. Page 275 of 453 Meeting Minutes City Commission Boynton Beach, Florida November 4, 2020 25 John McNally explained how the public could access the video and audio of this meeting. 14. Adjournment There being no further business to discuss, Mayor Grant adjourned the meeting at 9:23 p.m. CITY OF BOYNTON BEACH ___________________________ Mayor - Steven B. Grant __________________________ Vice Mayor – Ty Penserga ___________________________ Commissioner – Justin Katz ___________________________ Commissioner – Woodrow L. Hay ___________________________ Commissioner – Christina Romelus ATTEST: _______________________________ Crystal Gibson, MMC City Clerk ________________________________ Catherine Cherry Minutes Specialist Page 276 of 453 November 4, 2020 City Commission Meeting Minutes Attachment “A” Public Comments – November 4, 2020 Commission Meeting Agenda Item No(s). Name Comments E-mail and/or Physical Address Phone No. Date/Time Received Method Received 1. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Amber Prinkey “Hello, I am writing to ask that the forested area at Nickels Blvd in Boynton Beach remain untouched as countless acres in our area are taken over by builders. This leaves fewer and fewer habitats for our native wildife which are a vital part of our planet. When we remove forests from our feathered, furry, and scaled friends we risk damaging the fragile ecosystem involving food chains which keep humans healthy as well. Foxes and owls catch rats that can carry diseases to humans, raccoons are part of nature's clean up crew as they scavenge for whatever dead and decaying plant and animal matter they can find, and gopher tortoises are a keystone species, helping other animals who seek refuge in their burrows. Please help keep our vibrant wildlife community safe by leaving this site alone. Thank you, Amber Prinkey Boynton Beach resident” amber0rose@yahoo.com None provided. 11/2/2020; 1:15pm E-mail 2. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) BJ Saul “Subject: Please read at the meeting: OPPOSE THE SALE OF 14.7 ACRES FORESTED LAND INTENDED FOR PUBLIC USE TO DEVELOPERS IN BOYNTON BEACH Dear City Manager, I admittedly oppose building home on this protected area. Our ecosystem is an indispensable and valued part of human and animal survival. This area is a natural environmental ecosystem and once destroyed is gone. It is not coming back. I will impact on not only our survival today but in the future for our children and every generation. Many of the animals and plants living in this area are native to Florida and don’t have anywhere else to live and survive. Once the area is mowed down for homes for the sake of big business and financial profit it is forever gone. The plants and animals are gone and on their way toward extinction. There is no excuse for this. Save our forests, save our planet, save our future. The proposed development of 100 new homes would translate to the destruction of approximately 1000 mature trees and the loss of habitat for wildlife and native flora. Currently Florida gray foxes, threatened gopher tortoises, raccoons and many species of birds, including Great-horned owls, are commonly seen on the property. Forested areas with mature trees are the anchors for plant and wildlife biodiversity and provide important carbon sequestration to combat the affects of climate change. Each mature tree absorbs 48 lbs of carbon a year, enough for 4 people to breath fresh air. STOP this destruction!!! Sincerely, BJ Saul Parent and grandparent of kids who enjoy the outdoors and learn from their environment.” bjfsaul@comcast.net None provided. 11/2/2020; 2:44pm E-mail Page 277 of 453 November 4, 2020 City Commission Meeting Minutes Attachment “A” 3. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Roberta Wesley “To the Mayor and those attending the meeting 11-4-20 Along with residents of this Boynton Beach community I would like to vote for the almost 15 acres of public land to NOT be sold to developers, it has been set aside for the public use and for the community to enjoy. Please consider with sincerity what the neighborhood would like to see happen here. I would also like to say that the plans to plant 1500 or more trees in BB in the near future will be appreciated by all. Thank you, Roberta Wesley” wesley6698@icloud.com None provided. 11/2/2020; 3:55pm E-mail 4. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Elwood Bracey “Subject: Preserve our forests by rejecting the proposed development. Elwood D. Bracey Former Pres. Audubon Everglades Society, WPB, FL.” edb643@gmail.com None provided. 11/2/2020; 4:07pm E-mail 5. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Paul Davis “Dear Ms. LaVerriere, I would like to provide comment on Item 12C at the upcoming commission meeting. I urge the city to reconsider selling the Nickels Boulevard property since it is one of the few remaining natural habitats left in the area. I understand the desire to sell the property to meet the city's financial needs but hope the commissioners would consider the local health and environmental benefits of keeping mature forest intact. This is particularly true in view of the other wonderful environmental and sustainability initiatives you have launched in the city. It would seem there are other options that could be considered such as offering the property to Palm Beach County to manage similar to the other natural areas in the city. Thank you for your time, Paul Davis” pwdavis9@gmail.com None provided. 11/2/2020; 4:50pm E-mail 6. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Faye Kravitz “As a home owner in Boynton Beach, I am imploring you not to sell the 14.7 acres of forested land intended for public use. This land should be preserved as is and not be sold for real estate development. Please do not allow this to happen! Faye M. Kravitz” fkravitz18@gmail.com None provided. 11/3/2020; 1:37pm E-mail 7. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Lisa Hanley “Mayor Grant and City Commissioners, Agenda Item 12 C There exists an alternative to selling the so-called Nickels property and that is to keep it as an preserve for the citizens of Boynton Beach, as it has been for over 40 years. Please do more than provide lip service to this statement, taken off the City website: "Natural outdoor spaces are essential to a community's health and well-being. Green places give us many benefits including recreation, education, social interaction, therapeutic and spiritual renewal, and more. As Boynton Beach grows and develops, we continue to lisa.hanley@juno.com 175 SW 2nd St Boynton Beach, FL 33435 None provided. 11/3/2020; 3:23pm E-mail Page 278 of 453 November 4, 2020 City Commission Meeting Minutes Attachment “A” conserve open spaces and "green" the places where we live and work. We hope you enjoy exploring our City's natural treasures." Lisa Hanley 175 SW 2nd St Boynton Beach, FL 33435” 8. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Marc Kramer “Dear City Manager, I’m writing on behalf of preserving the 14.7 forested acres that were bestowed upon Boynton Beach for public use. Please do not sell it off to developers. The property harbors mature trees, wildlife, and is a small oasis of life in an ever-crowded urbanized South Florida. We need to preserve the last green space we have, especially those containing mature woods. Additional development significantly impacts wildlife, water drainage, storm mitigation, and contributes to urban sprawl. Please save this green space for our children and do not sell it off to developers. Sincerely, Marc Kramer, DVM” exoticdvm@mac.com None provided. 11/3/2020; 3:29pm E-mail 9. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Pamela and Robert Lee “Hello Boynton Beach Commission, My husband and I bought our home on 3592 Ivanhoe Avenue in February 2018. We loved the neighborhood because we like it quiet and we love not having an HOA. We also love well water and being in control of our own land. We bought this house for our retirement home under the assumption that the neighborhood would remain as it was in February 2018. We lived in Boynton Beach in Island Reach Apartments when we moved to Florida in 1996. We bought a house in Delray Beach in 1998 to raise our kids. We decided to down-size and move back to Boynton Beach because we found our forever home on Ivanhoe Avenue. Please share our comments with the City Council members at the meeting on November 4, 2020 since we cannot be there physically. Best regards, Pamela and Robert Lee 561-901-5288” rpl1506@gmail.com 561-901-5288 11/3/2020; 3:18pm and 3:29pm Voicemail and E-mail 10. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Drew Martin “Dear City Manager, I am strongly opposed to the plan to sell the property that currently has native forest on it near the Boynton Beach Mall. I am representing the Loxahatchee Group of the Sierra Club. dmandch@aol.com 561-533-6814 11/3/2020; 5:13pm E-mail Page 279 of 453 November 4, 2020 City Commission Meeting Minutes Attachment “A” May I speak in person if I wear a mask at the commission meeting. I will not see email tomorrow. Can you call me and let me know. Regards, Drew Martin 561-533-6814” 11. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Helen and Dean Jordan “Hello, I am sending this is regards to saving or last patch of forest in this area. I have been living here on Ruskin Ave for 25 years and have watched as all the property around us has been built up and it is sad that the county and City has let this happen. There are Gopher Tortoise that I have been watching since I have been living here and this would be awful to kill all the Turtles and other animals that live in that little patch of woods. they will have no where else to move to. There is little Red foxes, Gopher Tortoise, racoons, Owls and other wild life that live there and that bit of land was giving to the county to be a preserve and they really had no right to trade it to Boynton. We went through this a few years ago so we are aware of the agreement. Also back in this are can't handle the traffic building all those homes will create. It takes long enough now to get out on to Old Boynton off of Nickel Blvd. I think there is enough apartments and homes built and being built in Boynton that are sitting empty that there is no need to build a bunch of homes on the last bit of forest in this area. I also know they are planning on building more homes at the Mall area. This area is a county pocket and we want to say under the county. We don't Want the City of Boynton's high taxes and rules and the cost of changing us over to city water and sewer You sent out the form last year for this and we all refused. so how dare you try to bargain with us to save the forest just to pad your pockets. When election time comes I think people should band together to get rid of the Mayor Grant Since he only seems to have his best interest at heart. Thank you, Helen and Dean Jordan.” bahamabrat@aol.com None provided. 11/4/2020; 10:29am E-mail 12. 12.C. (Letter of Intent from Mallorca Isles regarding the Nickels Blvd. Property) Kristi Fox “Please oppose the sale of 14.7 forested acres that was previously given to Boynton Beach by Palm Beach County in 1961 for public use. The proposed development of 100 new homes would translate to the destruction of approximately 1000 mature trees and the loss of habitat for wildlife and native flora. Currently Florida gray foxes, threatened gopher Kristi_Fox@yahoo.com None provided. 11/4/2020; 11:25am E-mail Page 280 of 453 November 4, 2020 City Commission Meeting Minutes Attachment “A” tortoises, raccoons and many species of birds, including Great-horned owls, are commonly seen on the property. Forested areas with mature trees are the anchors for plant and wildlife biodiversity and provide important carbon sequestration to combat the affects of climate change. All additional development in Boynton Beach significantly impacts wildlife, water drainage, storm mitigation and contributes to the problem of urban sprawl in what little open green space remains in the city. Thank you for your consideration. Sincerely, Kristi Fox” 13. Not on the agenda. Michael Fitzpatrick “Subject: Legal 12 B. R20-087” The City Commission should rescind R20-087 because 1) if they must sell it, Pulte's bid leaves $1.5 million on the table. 2) But they should not sell it because the land was given for a public purpose. Building houses is not a public purpose. The City Commission should set up a citizen committee to develop a recommendation to manage the orphan lands around the City. And fire Colin Grof. He said he was going to retire 18 months ago. Why is he still here trying to pave over the City?” fitzpatrickm1971@gmail.com None provided. 11/4/2020; 11:59am E-mail Page 281 of 453 7.A. C ONS E NT B I D S A ND P URC HA S E S OV E R $100,000 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Approve the purchase of twenty-five (25) replacement vehicles as approved in the fiscal year 20/21 fleet replacement budget in the estimated amount of $762,708 by utilizing the following contract: Florida Sheriffs Association, FS A20-V E L 28.0. The Florida Sheriffs Association contract satisfies the City's procurement requirements. Explanation of Request: The Fleet Manager recommends the purchase of twenty-five (25) replacement vehicles. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FS A20-V E L 28.0 (Effective October 1, 2020 – September 30, 2022) The Fleet Maintenance Division intends to issue a purchase order to the following vendors for purchases as follows (see attached Exhibits for vendor details): 1. Alan J ay for one (1) Chevy Silverado extended cab for Fire/Rescue in the amount of $28,145.00 and one (1) Dodge Durango for Police in the amount of $25,850.00. These units utilize the FS A20-V E L 28.0 contract. 2. Auto Nation for four (4) Chevy Traverse for Police in the amount of $99,876.00 and one (1) Chevy Silverado crew cab for Police in the amount of $25,299.00. These units utilize the FS A20-V E L 28.0 contract. 3. Bruce Rossmeyer ’s H.D. for one (1) Harley Davidson Electra Glide for Police in the amount of $23,425.00. This unit utilizes the F S A20-V E L 28.0 contract. 4. Duval Ford for ten (10) Ford Police I nterceptor Utilities for Police in the amount of $344,250.00 and one (1) Ford F-150 Police I nterceptor pick-up for Police in the amount of $36,881.00. These units utilize the F S A20-V E L 28.0 contract. 5. Garber Fleet Sales for one (1) J eep Cherokee for Police in the amount of $23,918.55, one (1) Chevy Tahoe for Police in the amount of $39,953.55 and four (4) Doge Chargers for Police in the amount of $115,110.20. These units utilize the FS A20-V E L 28.0 contract. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to our residents. Fiscal Impact: Budgeted Funding is allocated in the fleet replacement budget in the amount of $1,163,518 for the replacement of the above referenced vehicles for a total purchase amount of $762,708. Alternatives: N/A Strategic Plan: Page 282 of 453 Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? No Grant Amount: Contracts Vendor Name: Various Start Date: 10/1/2020 End Date: 9/30/2020 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: AT TAC H ME N TS: Type Description Contract Fleet Vehicles Purchased F Y2020-2021 Spreadsheet Contract FS A20-V E L28.0 Contract Cover Quotes Vehicles Listed #1 - Alan J ay and Dodge Durango Quotes Quotes Vehicles Listed #2 - Auto Nation Quotes Quotes Vehicles Listed #3 - Bruce Rossmeyer's Quote Quotes Vehicles Listed #4 - Duval Ford Quotes Quotes Vehicles Listed #5 - Garber Fleet Sales Quotes Page 283 of 453 Page 284 of 453 Page 285 of 453 Page 286 of 453 Page 287 of 453 Page 288 of 453 Page 289 of 453 Page 290 of 453 Page 291 of 453 Page 292 of 453 Page 293 of 453 Page 294 of 453 Page 295 of 453 Page 296 of 453 Page 297 of 453 Page 298 of 453 Page 299 of 453 Page 300 of 453 Page 301 of 453 Page 302 of 453 Page 303 of 453 Page 304 of 453 Page 305 of 453 Page 306 of 453 Page 307 of 453 Page 308 of 453 Page 309 of 453 Page 310 of 453 Page 311 of 453 Page 312 of 453 Page 313 of 453 Page 314 of 453 Page 315 of 453 8.A. P UB LI C HE A RI NG 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Ordinance No. 20-039 - Second Reading - A pprove W ells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commerc ial. A pplic ant: Elisabeth Roque/ W ells Landing Apartments L L C Explanation of Request: The proposed Future Land Use (F L U) amendment and rezoning will support the 1.23-acre north part of the Wells Landing mixed-use project. The properties assembled for the south part of the project have already been reclasified to the the C RA Plan’s recommended Mixed-Use Medium (MX M) future land use and rezoned to MU-2, Mixed-Use 2 zoning district. The projec t will be developed with the use of the Low-I ncome Housing Tax Credit (L I HTC) financing tool. The program provides nonprofit and for-profit developers with a dollar-for-dollar reduc tion in federal tax liability in exchange for the development of affordable rental housing. Both affordable housing and commerc ial uses are in short supply in the Heart of Boy nton (HOB) D istrict, which has been an area of disinvestment for decades. I n rec ent years, efforts mounted by the C RA and the City, in partnership with loc al non-profits, resulted in development of single-family homes in several loc ations. These efforts continue, but there is also a need— recognized by the C RA Plan—for development of quality affordable multi-family rental housing. W hile the Plan endorses preservation of the single-family neighborhoods west of S eacrest Boulevard, it recommends significant reclassifications to mixed uses and higher residential densities for the lands east of the corridor. The south side of the Martin Luther King (ML K) J r. Boulevard is one of the three areas recommended for and already under a high intensity MX M future land use category. The subject site—along with the remainder of the two-block area extending to NE 11th Avenue—was envisaged by the P lan to become a Seac rest B oulevard-fronting, commerc ial hub for the District under the Local Retail Commerc ial future land use, which does not allow residential uses. However, it became inc reasingly c lear that limiting the land uses in this area to commerc ial is unlikely to be supported by the market. The proposed rec lassific ation to the mixed- use future land use and zoning will address this issue. The developer is requesting to amend the site’s future land use from the existing Local Retail C ommercial and Medium Density Residential classifications to Mixed Use Low (MX L), and to rezone the site from C-2 Neighborhood Commerc ial and R-2, Single-and Two-Family Residential to MU-1, Mixed Use 1. The project will include 24 multi-family units and 8,530 square feet of commercial space. The Planning and Development Board reviewed these requests at its October 27, 2020 meeting and forwards them with a recommendation of approval. How will this affect city programs or services? No direct effects on programs or services Fiscal Impact: Future increase in property tax revenue Alternatives: None recommended Page 316 of 453 Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area and therefore furthers Strategic Plan Project 2.5 which is implementation of the Community Redevelopment Agency Plan. C L IMAT E AC T IO N AP P LIC AT IO N: N/A Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Ordinance Ordinance approving Wells Landing Rezoning Staff Report Staff Report Location Map Exhibit A. Location Map Location Map Exhibit B1. Current FLU Location Map Exhibit B2. Proposed F L U Location Map Exhibit C1. Existing Zoning Location Map Exhibit C2. Proposed Zoning Location Map Exhibit D. C RA Plan recommendation Page 317 of 453 1 S:\CA\Ordinances\Planning\Rezoning\Wells Landing North - Rezone - Ordinance.Docx ORDINANCE NO. 20- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 4 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 5 WELLS LANDING NORTH FROM C-2 NEIGHBORHOOD 6 COMMERCIAL AND R-2 SINGLE AND TWO FAMILY 7 RESIDENTIAL TO MU-1 MIXED-USE 1; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the City has made application to rezone land, said land being more 13 particularly described hereinafter, from C-2 Neighborhood Commercial and R-2 Single and Two 14 Family Residential to MU-1 Mixed Use 1; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from C-2 25 Neighborhood Commercial and R-2 Single and Two Family Residential to MU-1 Mixed-Use 1. 26 A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. 27 Legal Description: 28 PARCEL 1: 29 LOT 1, MEEKS ADDITION TO BOYNTON, ACCORDING TO 30 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC 31 RECORDS OF PALM BEACH COUNTY, FLORIDA. 32 33 PARCEL 2: 34 LOTS 4 THROUGH 9, INCLUSIVE, BLOCK 1, FRANK 35 Page 318 of 453 2 S:\CA\Ordinances\Planning\Rezoning\Wells Landing North - Rezone - Ordinance.Docx WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 36 PLAT BOOK 9, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, 37 FLORIDA. 38 39 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 40 accordingly. 41 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 42 Section 5. Should any section or provision of this Ordinance or any portion thereof be 43 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 44 remainder of this Ordinance. 45 Section 6. This ordinance shall become effective immediately upon passage. 46 FIRST READING this 4th day of November, 2020. 47 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2020. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 51 Mayor – Steven B. Grant _____ _____ 52 53 Vice Mayor – Ty Penserga _____ _____ 54 55 Commissioner – Justin Katz _____ _____ 56 57 Commissioner – Woodrow L. Hay _____ _____ 58 59 Commissioner – Christina L. Romelus _____ _____ 60 61 VOTE ______ 62 ATTEST: 63 64 65 _____________________________ 66 Crystal Gibson, MMC 67 City Clerk 68 69 70 (Corporate Seal) 71 Page 319 of 453 N.Seacrest BlvdMar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ SITE LOCATION MAP Exhibit A Page 320 of 453 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-022 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: October 15, 2020 PROJECT: Wells Landing North LUAR 20-004 REQUEST: Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL), and Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi- family units and 8,530 square feet of commercial. ________________ PROJECT DESCRIPTION Property Owner: Wells Landing Apartments LLC Applicant: Elisabeth Roque/ Wells Landing Apartments LLC Agent: Brian Herbert/ Gallo Herbert Architects Location: North side of E Martin Luther King Jr. Blvd, approximately 150 feet from the corner of E Martin Luther King Jr. Blvd and N Seacrest Blvd, extending north to the corner of NE 1st Street and NE 11th Avenue. Existing Land Use/ Zoning: Local Retail Commercial (LRC) and Medium Density Residential (MEDR) / C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential Proposed Land Use/ Mixed-Use Low (MXL)/MU-1, Mixed-Use 1 Zoning: Page 321 of 453 Page 2 Wells Landing North LUAR 20-004 2 Proposed Use: Mixed-use project with 24 multi-family units and approximately 8,530 square feet of commercial Acreage: 1.232 acres Adjacent Uses: North: Developed single-family homes and a vacant parcel, classified Medium Density Residential (MEDR) and zoned R- 2, Single-and Two-Family; north of the northeast part of the site, right-of-way of NE 11th Avenue and farther north, developed single-family homes, classified Medium Density Residential (MEDR) and zoned R-2, Single-and Two-Family; South: Right-of-way of E Martin Luther King Jr. Blvd, farther south Wells Landing South site, clasified Mixed-Use Medium (MXM) and zoned MU-2, Mixed-Use 2; East: On the southeast, vacant parcel classified Local Retail Commercial (LRC) and zoned C-2; on the northeast, right-of- way of NE 1st Street and farther east, Bride of Christ Tabernacle Church, classified Medium Density Residential (MEDR) and zoned R-2, Single-and Two-Family; West: On the southwest, developed property (church) and then two vacant pproperties, all classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; farther west, right-of-way for N. Seacrest Blvd. BACKGROUND The proposed Future Land Use (FLU) amendment and rezoning will support the 1.23- acre north part of the Wells Landing mixed-use project. The properties assembled for the south part of the project have already been reclasified to the the CRA Plan’s recommended Mixed-Use Medium (MXM) future land use and rezoned to the corresponding MU-2, Mixed-Use 2 district. While the CRA Plan (the Plan) endorses preservation of the single-family neighborhoods west of Seacrest Blvd, its vision for the lands east of Seacrest Blvd involves significant reclassifications to mixed uses and higher residential densities. The south side of the Martin Luther King (MLK) Jr. Boulevard is one of the three areas recommended for and already under a high intensity MXM future land use category. Importantly, the Plan emphasises redevelopment of the Boulevard into a key commercial area for the Heart of Boynton (HOB) District. The MLK Jr. Boulevard Overlay implements this vision, requiring commercial uses on the street frontage. Page 322 of 453 Page 3 Wells Landing North LUAR 20-004 3 The site subject to the proposed reclassification —along with the remainder of the two- block area extending to NE 11th Avenue—was envisaged by the Plan to become a Seacrest Boulevard-fronting, commercial hub for the District under the Local Retail Commercial FLU, which does not allow residential uses. However, it became increasingly clear that the market will not entirely support the Plan’s vision. To accommodate a mixed-use project with a residential component of 24 multi-family units and 8,530 square feet of commercial space, the developer is requesting to amend the site’s future land use from the existing Local Retail Commercial and Medium Density Residential to Mixed Use Low (MXL), and to rezone the site from C-2 Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed Use 1. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested Future Land Use Map (FLUM) amendment and rezoning will support a part of a mixed-use project to be developed with the use of Low-Income Housing Tax Credit (LIHTC) financing mechanism. The program provides nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax liability in exchange for the development of affordable rental housing. Both affordable housing and commercial uses are in short supply in the Heart of Boynton (HOB) District, which has been an area of disinvestment for decades. In recent years, efforts mounted by the CRA and the City, in partnership with local non-profits, resulted in development of single-family homes in several locations. These efforts continue, but there is a need—recognized by the CRA Plan—for development of quality affordable multi-family rental housing in the HOB District. The subsidy provided through the LIHRC will allow a second such development (after Ocean Breeze East) to be built. The project will also include 8,530 square feet of commercial space. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Page 323 of 453 Page 4 Wells Landing North LUAR 20-004 4 The proposed FLUM amendment and rezoning is generally consistent with the vision for the HOB District embedded in the the CRA Plan. However, as noted in the BACKGROUND section of this report, it is not consistent with the specifc future land use recommendation for lands assembled for the northern part of the Wells Landing development. This recommendation calls for Local Retail Commercial FLU for a two- block, 3.3 acre area between Martin Luther King Blvd and NE 11th Avenue, extending east to NE 1st Street and beyond (see Exhibit D). Note that the Local Retail Commercial classification does not allow residential uses; it is highly unlikely that the market would support commercial-only redevelopment of this area as recommended. The proposed use includes 8,530 feet of commercial space. Moreover, the amendment leaves three parcels fronting Martin Luther King Blvd west of the subject site under the LRC and C-2 designations, inviting a commercial node at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. The combined residential densities of the north and south parts of the project will likely generate enough demand to support the future node as well as commercial uses housed within the project. Finally, it should also be noted that—except for one property adjacent to the project and facing Martin Luther King, Jr. Boulevard—the CRA Plan recommends Mixed-Use Low classification for lands lying to the east of the subject site, between Martin Luther King Blvd and NE 11th Avenue. The proposed rezoning would therefore be consistent with the future redevelopment of the nearby areas. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. See responses to criteria “a” and “b”. The proposed rezoning would result “in more desirable and sustainable growth for the community”. There is a need—recognized by the CRA Plan—for development of quality affordable multi-family rental housing in the HOB District. The Plan endorses preservation of the single-famiy neighborhoods west of N. Seacrest Blvd, while recommending reclassifications to mixed uses and higher densities for a significant share of areas east of the Boulevard. In these areas, the land use patterns will undergo gradual change. Consistent with the Plan (except for the commercial node fronting Seacrest Blvd), the block between Martin Luther King, Jr. Boulevard and NE 9th Avenue was already reclassified to Mixed-Use Medium and rezoned to MU-2 district, allowing densities up to 40 du/acre (50 du/acre with a density bonus). South of NE 7th Avenue, the construction of the Ocean Breeze East project has recently been completed. Although the proposed MXL future land use category allows for a lesser intensity, it is Page 324 of 453 Page 5 Wells Landing North LUAR 20-004 5 already related to adjacent and nearby classifications in that it will support a mixed-use project with a sustainable design recommended by the Plan. Also, as already noted earlier in this report, lands east of the subject site will eventually carry the same classification. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning constitutes a significant contribution to sustainable, high density redevelopment integrating residential and commercial uses in the HOB District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. The Palm Tran bus route along Seacrest Blvd would ensure access to public transportation. The City’s Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project’s sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception; it is also located within the Traffic Concurrency Exemption Area (TCEA) and therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. The applicant submitted the traffic study with information required for projects in TCEA-designated areas including trip generation, assignment throughout the Test 1 Radius of Development Influence and traffic at the site access. Page 325 of 453 Page 6 Wells Landing North LUAR 20-004 6 Schools. The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria “a”, “b” and “c”. The proposed FLUM and rezoning support the northern part of Wells Landing project. The properties assembled for the southern part of the project already have the mixed-use classification of MXM (Mixed-Use Medium) and a corresponding MU-2, Mixed-Use 2 zoning. As noted earlier in this report, the CRA Plan recommends Mixed-Use Low classification for lands lying to the east of the subject site, between Martin Luther King Blvd and NE 11th Avenue. The proposed rezoning would therefore be consistent with the future redevelopment of the nearby areas. The CRA Plan envisages mixed uses and higher densities for a significant share of HOB District east of the Seacrest Boulevard. The master plan includes features designed to mitigate the negative impacts of the project’s height and scale on the adjacent low-rise residential properties (see the corresponding staff report for details). The proposed FLUM and rezoning is related to the needs of the neighborhood and the City as a whole. Affordable housing and commercial uses are in short supply in the HOB District, which has long been an area of disinvestment. The CRA Plan recognizes the need for development of quality attainable rental housing; moreover, the combined densities of the north and south parts of the project will generate significant demand for commercial uses within the project and elsewhere in the District. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City’s tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; Page 326 of 453 Page 7 Wells Landing North LUAR 20-004 7 (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project would generate economic development benefits for the HOB District through responding to the community needs for affordable housing, jobs and commercial uses (g3 and g4) while furthering the process of blight elimination (g7). It will also contribute to the enhancement of the City tax base (g2). h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request reduces the amount of land available for commercial-only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed-Use Low (MXL) category. Also, as noted in response to criterion “b”, the proposed FLUM amendment and rezoning is not consistent with the CRA Plan’s LRC future land use recommendation for the site. However: (i) the proposed use includes 8,530 feet of commercial space; (ii) the amendment leaves three parcels fronting Martin Luther King Blvd east of the subject site under the LRC and C-2 designations, inviting a commercial node at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard; and (iii) the combined residential densities of the north and south parts of the project will likely generate enough demand to support the future node as well as commercial uses housed within the project. Finally, the proposed FLU amendment and rezoning meets at least four conditions under criterion “g”. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Page 327 of 453 Page 8 Wells Landing North LUAR 20-004 8 The parcels assembled for both the north and the south sections of the proposed development included CRA-owned properties, which made the project financially feasible. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. The master plan/ site plan shall comply with the requirements of the MU-1 zoning district. For details, see the corresponding staff report. RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and found it to be consistent with the CRA Plan’s vision for redevelopment of the Heart Boynton District District. Therefore, staff recommends that the subject request be approved. Page 328 of 453 N.Seacrest BlvdMar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ SITE LOCATION MAP Exhibit A Page 329 of 453 N.Seacrest BlvdMar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ SITE WELLS LANDING NORTH CURRENT FLUExhibit B1 Legend LOCAL RETAIL COMMERCIAL (LRC) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE MEDIUM (MXM), 50 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MEDR MEDR LRC LRC MXM PPGI Page 330 of 453 N.Seacrest BlvdMar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ SITE WELLS LANDING NORTH PROPOSED FLU Exhibit B2 MIXED USE LOW (MXL), 20 D.U./Acre Legend LOCAL RETAIL COMMERCIAL (LRC) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE MEDIUM (MXM), 50 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MEDR MEDR MEDR LRC LRC MXL MXM PPGI Page 331 of 453 N.Seacrest BlvdMar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ SITE WELLS LANDING NORTH CURRENT ZONING Exhibit C1 R-2 R-2 C-2 C-2 MU-2 Legend Zoning R2 Duplex, 10 du/ac C2 Neighborhood Commercial MU-2 Mixed Use 2, 40 du/ac Page 332 of 453 N.Seacrest BlvdMar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ SITE WELLS LANDING NORTH PROPOSED ZONINGExhibit C2 R-2 R-2 C-2 C-2 MU-2 MU-1 Mixed Use 1, 20 du/ac Legend Zoning R2 Duplex, 10 du/ac C2 Neighborhood Commercial MU-2 Mixed Use 2, 40 du/ac Page 333 of 453 113 Boynton Beach Blvd.Seacrest Blvd.MLK Jr. Blvd.NW 3rd St.NE 3rd St.NW 6th Ave. NE 9th Ave. N LDR MUM MUL MDR HDR GC I R PBG/I Figure 63: Recommended Land Use for the Heart of Boynton District Page 334 of 453 8.B. P UB LI C HE A RI NG 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Approve W ells Landing North (NW S P 20-004) for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments L L C. (Tabled from the November 4, 2020 Commission meeting.) Explanation of Request: The proposed Wells Landing development is located within the Martin Luther King J r. Boulevard Overlay as defined by the C RA Community Redevelopment Plan. The project area totals 1.23 acres and is composed of several undeveloped parcels. The mixed-use building is proposed on the southern portion of the site. The first floor will contain over 8,000 square feet of commercial space, an expanded pedestrian zone, and an urban plaza. The second and third levels of the building will contain 20 one-bedroom apartments and four (4) two-bedroom apartments. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional dwelling units will increase the City's tax base, and provide much needed attainable housing within the Heart of Boynton. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area within the C RA, and therefore furthers Strategic Plan Project 2.5 which is implementation of the Boynton Beach Community Redevelopment Plan. C L IMAT E AC T IO N AP P LIC AT IO N: N/A Is this a grant? Grant Amount: Page 335 of 453 AT TAC H ME N TS: Type Description Staff Report Staff Report Location Map Exhibit A - Location Map Drawings Exhibit B - Project Plans Conditions of Approval Exhibit C - Conditions of Approval Development Order Development Order Page 336 of 453 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-024 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Luis Bencosme, Planner II DATE: October 13, 2020 PROJECT NAME: Wells Landing North (NWSP 20-004) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments, LLC Applicant: Elizabeth Roque, Wells Landing Apartments, LLC Agent: Brian Herbert, Gallo Herbert Architects Location: Northeast corner of NE 11th Avenue and NE 1st Street, extending south to Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit “A” – Site Location Map) Existing Land Use: Local Retail Commercial (LRC) & Medium Density Residential (MEDR) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: Neighborhood Commercial (C-2) & Duplex (R-2) Proposed Zoning: MU-1 (Mixed Use 1) Proposed Use: Mixed use development with 24 affordable housing dwelling units, approximately 8,530 square feet of commercial space, and associated parking and related site improvements. Acreage: 1.23 acres Page 337 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 2 2 Adjacent Uses: North: Developed single-family and two-two family residential properties, classified Medium Density Residential (MEDR) and zoned R-2 (Duplex); farther north, the right-of-way for NE 11th Avenue; South: Right-of-way for East Martin Luther King Jr. Boulevard; further south developed and undeveloped commercial and mixed-used properties classified Local Retail Commercial (LRC) and Mixed Use-Medium (MXM) and zoned C2 (Neighborhood Commercial) and MU-2 (Mixed- Use 2). East: Developed and undeveloped residential properties classified Medium Density Residential (MEDR) and zoned R2 (Duplex). West: Developed and undeveloped commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial); further west right-of-way for N. Seacrest Boulevard. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Wells Landing development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 1.23 acres and is composed of several undeveloped parcels. The applicant is requesting approval of several concurrent applications associated with the Wells Landing North development (see the respective staff reports). The first application, Land Use Map Amendment and Rezoning (LUAR 20-004), is to revise the existing Future Land Use Classifications of the subject properties from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed-Use Low (MXL), as well as rezone the properties from Neighborhood Commercial (C-2) and Duplex (R-2) to Mixed-Use 1 (MU-1). The second application, New Major Site Plan (NWSP 20-004), is for the proposed three (3)-story building consisting of 8,530 square feet of ground floor commercial space along East Martin Luther King Jr. Boulevard, 24 affordable dwelling units comprised of a mix of one-bedroom and two -bedroom apartments, associated site improvements, and amenities. Finally, the applicant is applying for two Abandonments (ABAN 20-001 & 20-002), to vacate a five (5) foot alley and the unimproved right-of-way of NE 1st Street. Page 338 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 3 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. An approval letter from the County is required prior to permit issuance (See Exhibit “C” - Conditions of Approval). The traffic study provided indicates that this project is expected to generate 538 net daily trips, 12 net A.M. peak hour trips and 43 net P.M. peak hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit “C” - Conditions of Approval). Utilities: The City’s water capacity can meet the projected potable water demand for this project. The applicant has agreed to provide two independent sources of water and a looped portable water main. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, reclaimed water is available. The applicant has agreed to make any necessary improvements to connect and use this resource for irrigation purposes (See Exhibit “C” - Conditions of Approval). The applicant has also agreed to make several upgrades to utility lines in the vicinity of the project as part of the site development, and will remove, cap and plug the sewer laterals that are currently not in service (See Exhibit “C” - Conditions of Approval). Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. The Engineering Department is requesting additional information on any historic surface water flows directed to the site, to ensure they are accommodated into the post development design (See Exhibit “C” - Conditions of Approval). Page 339 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 4 4 Access: The development has two points of ingress/ egress. The main vehicular point of access is located on East Martin Luther King Jr. Boulevard. The secondary point of access is located on NE 11th Avenue. These two points of access are connected by a two-way, 24-foot-wide, drive-isle to ensure safe, adequate and efficient vehicular circulation throughout the site. In addition, the project proposes pedestrian access by providing eight (8) on- street parking spaces along East Martin Luther King Jr. Boulevard. The on- street parking spaces are intended to provide retail users convenient and quick access to the first-floor retail spaces, as well as additional parking for the project. It is also intended to create a safer pedestrian environment by providing a physical barrier between the vehicular traffic and the sidewalk. The walkways around the building are a minimum of five (5)-foot wide and expand to 17 feet to provide access to the building entrances. Also, the building design includes a central urban plaza that improves pedestrian circulation and access to proposed commercial spaces. Parking: Off-street parking for the MU-1 zoning district requires 1.5 parking spaces for studios and one-bedroom units, and two (2) parking spaces for two (2) or more bedroom units. The project proposes a total of 24 units (20 one- bedroom apartments and four (4) two-bedroom apartments), which would require 38 parking spaces. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, which adds another 4 parking spaces to the total. The commercial spaces – which is intended for uses related to retail – requires one (1) parking space per 200 square feet of gross floor area, which computes to 43 additional parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 85 parking spaces would be required (See Exhibit “C” - Conditions of Approval). The applicant submitted a parking study that recommends a 15% parking reduction based on the parking rates suggested by four nationally recognized publications in the parking industry, the implementation of Transportation Demand Management (TDM) program, and the parking ratios provided by comparable projects – thus reducing the required amount of parking spaces to 72. The study indicates that the project’s parking demand will be lowered by the inclusion of covered bicycle racks that can accommodate 12 bicycles, installation of a kiosk in the clubhouse to provide bus route and ride sharing information, and restricting tenants to a maximum of 2 vehicles per unit. Furthermore, the parking analysis compares the proposed parking ratio with similar Centennial projects located in South Florida (Pembroke Park and Miami-Dade); the projects include Pembroke Villas, Country Club Villas Phase II and Viscaya Villas. According to the analysis, the comparable projects have not experienced any parking issues, even though they provide less parking per bedroom in comparison to the Wells Landing North development. The site plan proposes a total of 85 parking spaces, 79 of which are off-street parking spaces and eight (8) on-street parking spaces. The parking spaces conform to the dimensional standards required for parking spaces within the CRA of 9 feet by 18 feet for 90-degree parking and Page 340 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 5 5 8 feet by 22 feet for parallel spaces. Additionally, the residential, visitor, and commercial spaces will be clearly marked with signs or painted parking bumpers and monitored by management (See Exhibit “C” - Conditions of Approval). The parking lot will be located on the north side of the site and fully screened from view from East Martin Luther King Jr. Boulevard by the proposed building. It will also be effectively screened from view of adjacent properties with landscape buffers. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 67 trees including 61 canopy trees and 6 palm trees, 1,024 shrub specimens, and 974 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer, within landscape islands, and along the right-of-way. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having “low” or “medium” watering needs in the South Florida Water Management’s “Waterwise” publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Pigeon Plum, Pink Trumpet Tree and Japanese Blueberry, including Single Alexander Palm Trees. The applicant has chosen Milkweed, Gold Mound Duranta and Dwarf Firebush as the project’s butterfly attracting plant species. Projects proposed in the Mixed-Use 1 (MU-1) zoning district are subject to the “Streetscape Design” portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the “Streetscape Design” concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The proposed streetscape design for the project includes canopy street trees (High Rise Live Oak) – installed in planters and spaced 20 feet on center –and shrubs (Green Island Ficus) planted around the base of the trees. The streetscape has been designed with the street trees placed between the sidewalk and active area to provide a pleasant pedestrian pathway that is shaded to the maximum extent possible. Additionally, landscape buffers are provided along the west, north and east property lines. The buffers consist of Pigeon Plum trees spaced 20 feet on center, and shrubs (Podocarpus and Wax Jasmine). The buffer along the west and north property lines also incorporate a six (6)-foot tall decorative masonry wall. Lastly, foundation planting is proposed on the west side of the building consisting of 5 (five) closely spaced trees (Japanese Blueberry), and two hedges (Podocarpus and Milweed). Building and Site: The project site comprises of several undeveloped parcels – totaling 1.23 acres and abutting East Martin Luther King Jr. Boulevard to the south. One of the subject parcels is located on the north side of the site abuting NE 11th Page 341 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 6 6 Avenue. This parcel will be part of the proposed parking lot and provide a secondary entrance to the project. The mixed-use building is proposed on the south side of the site. The second and third levels of the building will contain 20 one-bedroom apartments and four (4) two-bedroom apartments. Additionally, the apartments will contain a balcony that either faces south towards the street or north towards the parking lot. The first floor will include 8,530 square feet of commercial space – intended for retail uses. Also the first floor will contain a 2,090 square foot urban plaza intended for public events. The plaza also separates the 1st floor of the building into two separate areas, each containing four (4) commecial units. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 1 (MU-1) zoning district has a maximum allowable FAR of 2.5; the project propoes 0.62. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 24 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the MU-1 (Mixed Use 1) zoning district is 55 feet. The proposed building elevations depict the height of the mixed-use building just over 44 feet, which is 16 feet below the maximum allowable height. Setbacks: The MU-1 (Mixed Use 1) zoning district requires no building setbacks from the Martin Luther King Jr. Boulevard right-of-way, but rather a build-to line which accommodates for the required pedestrian zone. The pedestrian zone along East Martin Luther King Jr. Boulevard is required to have the following components: 1) a five (5) foot wide street tree area, measured from the back of the curb, 2) an eight (8) foot wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) a five (5) foot wide active area, measured from the edge of the sidewalk. The project proposes an expanded pedestrian area along this street at approximately 25.5 feet from the back of the curb. The building is setback approximately 10 feet from the east side property line, 52 feet from the west side property lines, and 68 feet from the rear (north) property line. The proposed setbacks conform to the MU-1 setback requirements. Amenities: As previously stated, project proposes an expanded pedestrain zone to accomadte activity activity along the right-or-way. The project also proposes a large covered urban plaza centrally located on the frontage creating an urban courtyard on the ground floor of the building. The plaza is accessible from both the pedestrian zone along East Martin Luther King Jr. Boulevard and the parking lot on the north side of the building. This feature is an extension of the required active area as it encourages a mixture of active uses along the exterior of the ground floor retail spaces and provides space for public events. Additionally, the pedestrian zone is designed with the required street trees planted between the sidewalk and active area to ensure Page 342 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 7 7 proper shading. The area also includes several benches to encourage the use of the space. The project is located at walking distance to the newly renovated Sara Sims Park, which provides the following amenities: basketball courts, BBQ grills, fitness trail, horseshoe court, open play area, pavilions, racquetball court and restrooms. Also, the project is at a short walking distance to the Palm Tram bus stops near the corner of East Martin Luther King Jr. Boulevard and N. Seacrest Boulevard. Lastly, covered bike racks are provided on the north side of the site, near the building. Design: The intended architectural style for the project is Floribbean Style, which is an interpretation of Old Florida Style architecture. This architectural style helps to create a sense of identity for the East Martin Luther King Jr. Boulevard Overlay zone as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical façade articulation, and a combination of architectural features, materials and complementary colors. The façade of the commercial base of the building along East Martin Luther King Jr. includes an extensive use of vertically oriented vision glass windows and doors, as well as horizontal vinyl siding and concrete panels. The extensive use of glass at the base of the building is a key component of the building design as it provides a sufficient amount of transparency - fostering a welcoming environment. This area is shaded by architectural overhangs and ‘eyebrows’ above the front and rear doors The upper portions of the building – second and third levels – include balconies with decorative railings and vertically oriented windows and sliding doors. The materials consist of smooth stucco, horizontal vinyl siding and concrete panels. The project will include a contemporary standing seam metal hip roof, which enhances the look of the building. Mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting Martin Luther King Jr. Boulevard steps back at the center to create a covered courtyard area that resembles a gazebo – an architectural element that defines the focal point. Also, the building frontage steps back several times to break the building mass and add architectural interest and variety to the building. Sustainability: Mixed use developments consisting of 21 dwelling units and up to 50 units must achieve a minimum of 20 sustainability points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Page 343 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 8 8 Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or solar water heaters. 2 Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. 2 Building Color – Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs. Accent and trim colors are not limited to these choices. 2 Lighting – Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances – All appliance with in a building are 100% energy star. 2 Insulation - Provide increased insulation to achieve a minimum R-19 in walls and R-38 in the ceiling. 2 WATER CONSERVATION & MANAGEMENT Reuse Water - Utilization of reuse water for irrigation (if requested and approved by the Utilities Department to be brought to the site). 4 URBAN NATURE Tree Canopy – Provide canopy trees in an amount that exceeds the minimum number of required trees by 10%. 2 TRANSPORTATION Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 2 Total Points 21 Lighting: The photometric plans (Sheets (Sheets EPH-001N & EPH-101N) include 10 freestanding pole light fixtures, with pole height of 25 feet. It also includes 4 light fixtures mounted to the building walls. The City’s Land Development Regulations requires limits the lighting levels to a maximum of 5.9 foot- candles. The Site Photometric Plan depicts lighting levels below the above- mentioned foot-candles limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit “C” – Conditions of Approval). Public Art: As a low-income housing project, this project is exempt from participating in the Art in Public Places Program. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. Page 344 of 453 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 9 9 S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\Wells Landing North Staff Report NWSP 20-004.doc Page 345 of 453 Mar tin Luther King Jr Blvd NE 11th Ave NE 9th Ave NE 1st St0 50 100 15025Feet ¯ WELLS LANDING NORTH WELLS LANDING LOCATION MAPExhibit A WELLS LANDING SOUTH Page 346 of 453 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 1' = 20'-0"0 10'20'40'A-1 ARCHITECTURAL SITE PLAN ARCHITECTURAL SITE PLAN AS-101 NOT TO SCALEA-3 KEY PLAN AS-101 1 NORTH PARCEL SOUTH PARCEL CL CL 1/16" = 1'-0"0 8'16'32'A-2 TURNING RADIUS DETAIL EAST MARTIN LUTHER KING JR. BLVD. NE 11th AVENUE 7 8 11 COMMERCIAL 4,294 SF 6 COMMERCIAL 4,236 SF 9 8 10 10 COVERED BIKES RACKS SEE DETAIL D4/AS-102 3 3 FH 5 5 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 E.V.CHARGING STATIONS (5) FFE 16.5 FFE 16.5 15.04 14.75 14.33 14.19 BENCHS NOT TO SCALED1PRE-CAST SITE WALL DETAIL PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE WALL COLUMN FOOTING COLUMN FOOTING BOLARD SEE DETAIL A1/AS-102 1 DART COMMENTS 09-10-2020 1 1 2 1 1 2 1 1 2 1 1- SITE PLAN SHALL MEET CPTD DESIGN STANDARDS 2- BUILDING TO BE FULLY SPRINKLERED NOTES: 3- ALL PORTION OF BLDG AREA WITH 450 OF F.D. ACCESS PER NFPA 1-18.2.3.2.2 STREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c) OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILED AS SUCH IN PERMIT PLAN 1 OUTDOOR SEATING AREA 846 SF OUTDOOR SEATING AREA 846 SF PUBLIC EVENT PLAZA 2,090 SF TRASH AREA2 2 2 2 2 2 2 DART COMMENTS 09-21-2020 NORTH 2 2 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 2 EAST MARTIN LUTHER KING JR. BLVD.WELLS LANDINGNORTHBUILDING2% SLOPE FFE 16.5 FFE 15.0 1/8" = 1'-0"0 4'8'16'D2 STREET - PLAZA SECTION A A A 1 3 DART COMMENTS 10-08-2020 3 3 3 3 Page 347 of 453 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 38-9" ROOF TOP 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 38-9" ROOF TOP 38-9" ROOF TOP 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 ELEVATION PLAN A-201 3/32" = 1'-0"0 8'16'24'A-1 SOUTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-2 NORTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-3 WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-4 EAST ELEVATION 3/32" = 1'-0"0 8'16'24'A-5 CENTRAL - PLAZA WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-6 CENTRAL - PLAZA EAST ELEVATION ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT 1 DART COMMENTS 09-10-2020 1 1 1 1 11 1111 2 DART COMMENTS 09-21-2020 NORTH 2 3 DART COMMENTS 10-08-2020 3 3 3 3 Page 348 of 453 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 COLOR ELEVATION PLANS A-202 NOT TO SCALEA-1 SOUTH ELEVATION NOT TO SCALEA-2 NORTH ELEVATION NOT TO SCALEA-3 WEST ELEVATION NOT TO SCALEA-4 EAST ELEVATION 1 DART COMMENTS 09-10-2020 1 01 02 03 04 05 06 07 A-5 MATERIAL & COLOR LEGENDS A-6 MATERIAL NOTES STANDING SEAM METAL ROOF. ON THE ROCKS (SW7671) BY SHERWIN WILLIAMS OR SIMILAR 1.ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS OR RAIN WATER LEADERS WILL BE CONCEALED IN ARCHITECTURAL ELEMENTS. 2.ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BE PAINTED TO MATCH BUILDING COLORS CONCRETE PANEL SCORED STUCCO & STUCCO: SPARE WHITE (SW6203) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: TOPIARY TINT (SW6449) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: BLUEBELL (SW6793) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: PINEAPPLE CREAM (SW1668) BY SHERWIN WILLIAMS OR SIMILAR PAINT: GREEK VILLA (SW7551) BY SHERWIN WILLIAMS OR SIMILAR 2 DART COMMENTS 09-21-2020 NORTH 2 01 01 01 01 01 01 01 01 01 01 01 01 01 0202 02 02 02 02 0202 03 03 03 03 03 03 03 03 0303 03 0303 03 03 03 03 04040404 04 04 04 04 04 0404 04 0505 05 05 0505 05 05 0606 06 06 0606 06 07 0707 07 07 07 07 07 07 07 0707 2 2 2 03 03 Page 349 of 453 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 FIRST AND SECOND FLOOR PLAN A-101 1/8" = 1'-0"0 4'8'16'A-1 FIRST FLOOR PLAN 1/8" = 1'-0"0 4'8'16'A-2 SECOND FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" OPEN COVERED PLAZA COMMERCIAL #1 COMMERCIAL #2 COMMERCIAL #3 COMMERCIAL #4 COMMERCIAL #5 COMMERCIAL #6 COMMERCIAL #7 COMMERCIAL #8 LOBBY COMMON TRASH ROOM 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 333 3 3 3 3 DART COMMENTS 10-08-2020 Page 350 of 453 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 THIRD FLOOR PLAN A-102 1/8" = 1'-0"0 4'8'16'A-1 THIRD FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 Page 351 of 453 EAST MARTIN LUTHER KING JR. BLVD. NE 9th AVENUE NE 11th AVENUE 14 13 ZONE DISTRICT: C-2 Gross Land: 55,183 (s.f.) Net Land: 1.27 acres Water Bodies: 0 LANDSCAPE LEGEND - COMMERCIAL (NORTH) REQ.PROV. TOTAL NUMBER OF TREES (ALL PALMS IN 3:1 RATIO) 292 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery. STREET TREES (South - East MLK Blvd.): 300 l.f. (1 tree / 20 l.f.)15 TOTAL NUMBER OF SHRUBS, GROUNDCOVERS 60 1,363 63 15 PERIMETER BUFFER Requirements: North (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: West (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: East (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. 15 98 (295 L.F.) 15 (295 L.F.) 15 96 (287 L.F.) 15 (287 L.F.) * IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT * ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL 103 117 15 98 (295 L.F.) 15 (295 L.F.) 133 155% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE 219 DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL SHRUBS AND GROUNDCOVERS DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL TREES LANDSCAPE LIST - NORTH PARCEL ST. AUGUSTINE GRASS Stenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAs Required 12 14' HT. X 6' SPR. 4" DBH. F.G. 10 31 3 F.G., "CHARACTER" SPECIMENGUMBO LIMBO *Bursera simaruba 14' HT. X 6' SPR. 4" DBH. 14' HT. X 6' SPR. 4" DBH.*Coccoloba diversiflora PIGEON PLUM F.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH. F.G. 27CV 172DE 635FM 347IT 154JV 167MC 435PM Codieaum variegatum 'Mammey' RED - YELLOW CROTON 3 GAL. 18" HT. X 18" SPR. / 18" O.C. 3 GAL. 18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound' GOLD MOUND DURANTA Ficus microcarpa 'Green Island' GREEN ISLAND FICUS 3 GAL. 15" HT. X 15" SPR. / 18" O.C. DWARF IXORA Ixora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C. 3 GAL. * DENOTES NATIVE SPECIES 24" HT. X 24" SPR. / 24" O.C.Jasmine volubile WAX JASMINE 3 GAL. 3 GAL. 24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillaris PINK MUHLY GRASS 7 GAL. 36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllus PODOCARPUS [BUTTERFLY ATTRACTIVE] LIVE OAK "HIGH RISE" *Quercus virginiana 'High Rise' 6 5 F.G., TOPIARY 12'-14' O.A. HT.Elaeocarpus decipiens JAPANESE BLUEBERRY 32AC 15HP Asclepias curassavica MILKWEED 3 GAL. 24" HT. X 24" SPR. / 24" O.C. [BUTTERFLY ATTRACTIVE] [BUTTERFLY ATTRACTIVE] 24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact' DWARF FIREBUSH 3 GAL. Ptychosperma elegans 'single'20' O.A. HT., SINGLE F.G.SINGLE ALEXANDER PALMS 14CG2 *Clusia guttifera SMALL LEAF CLUSIA 7 GAL. 36" HT. X 24" SPR. / 24" O.C. NORTHSHEET INDEX: L-1 INDEX L-2 LANDSCAPE PLAN L-3 LANDSCAPE DETAILS Scale: 1" = 40'-0" KEY PLAN Drawing: Index Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-1 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLINDEX09.24.20201) DART Comments / Site Plan LDC Seal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACTL-2 SEE SOUTH PARCEL LANDSCAPE PLANS FOR LANDSCAPE IN THIS AREA IRRIGATION NOTE: 100% IRRIGATION COVERAGE WILL BE PROVIDED AT TIME OF PERMITTING SABAL PALMS (IF APPLICABLE) ARE TO BE INSTALLED WITH FRONDS CUT AT 10-2, NOT HURRICANE CUT ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL TREES AND PALMS SHALL BE FLORIDA GRADE 1 AT TIME OF PLANTING. ANY PRUNING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT AND/OR AN ARBORIST FIRE DEPARTMENT ACCESS ROADS SHALL HAVE AN UNOBSTRUCTED VERTICAL CLEARANCE OF NOT LESS THAN 14' NFPA IF APPLICABLE, SAFETY CAPS SHALL BE INSTALLED ON ALL #5 REBAR USED FOR TREE BRACING 1 1 1 Page 352 of 453 EAST MARTIN LUTHER KING JR. BLVD.20'-0" O.C.,TYP.LAWN NE 11th AVENUE LAWNLAWNDOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW COMMERCIAL COMMERCIAL 13 LAWNLAWNDOUBLE ROW DOUBLE ROW LAWN2'-0" PARKING OVERHANG, TYP. 20'-0" O.C., TYP.20'-0" O.C.,TYP.2'-0" PARKING OVERHANG, TYP.20'-0" O.C.,TYP.LAWN FM 53 IT 32 CV 3 FM 55 FM 53 IT 75 CV 3 MC 10 HP 15 FM 55 CG2 14 FM 50 IT 50 CV 3 MC 10 FM 30 IT 8 CV 3 MC 5 IT 62 CV 3 MC 12 FM 72 FM 40 IT 60 CV 3 MC 20 FM 50 IT 20 CV 3 MC 7 20'-0" O.C., TYP. DE 27 FM 25 EXISTING TREE TO REMAIN, TYP. (SEE NORTH PARCEL DISPOSITION PLANS FOR DETAILS)15'-0"15'-0"15'-0"15'-0" SIGHT-TRIANGLE, TYP. (ANY LANDSCAPE WITHIN SHALL BE MAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0" MC 8 IT 40 PM 24 SEE "LARGE TREE PLANTING DETAIL" ON SHEET L-3 FOR BRACING DETAILS LAWN FM 67 CV 3 DE 80 MC 20 JV 62 PM 252 FM 60 CV 3 DE 65 MC 15 JV 92 PM 159 DOUBLE ROWDOUBLE ROW FM 25 MC 60 5 BEDS 5 BEDS AC 32 SEE "LARGE TREE PLANTING LAWN NORTH Scale: 1" = 20'-0" LANDSCAPE PLAN Drawing: Landscape Plan Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-2 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLLANDSCAPE PLANSeal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACT SEE SOUTH PARCEL LANDSCAPE PLANS 09.24.20201) DART Comments / Site Plan LDC 1 Page 353 of 453 Know what'sRPage 354 of 453 74-2018No.DescriptionDateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENTƑ WILLIAM J. GALLO FL AR0008440Ƒ BRIAN P. HERBERT FL AR0015474MARTIN LUTHERKINGCOMMUNITYNORTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANNORTHEPH-101N1' = 20'-0"010'20'40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription4WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount10SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.555.01.02.555.00SpillIlluminanceFc0.040.30.0N.A.N.A.Page 355 of 453 EXHIBIT “C” Conditions of Approval Project Name: Wells Landing North File number: NWSP 20-004 Reference: 4th review of plans identified as a New Site Plan with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The access on East Martin Luther King Jr. Blvd. is classified as an intermediate driveway and must provide a minimum of 50 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. X 2. The access on NE 11th Ave. is classified as a minor driveway and must provide a minimum of 25 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. X 3. Provide a five (5) wide sidewalk on NE 11th Avenue. X 4. Show that each ingress/egress is designed to accommodate a 25’ minimum radius. X 5. The area of the unimproved right-of-way of NE 1st Street which is proposed to be abandoned shall be graded, irrigated and sodded. X 6. Any existing ‘historic’ surface water flows, directed to the site, shall be accommodated into the post development design. X 7. Provide irrigation to landscape planters located within Martin Luther King Jr. Blvd. X 8. Developer is responsible for the replacement of existing FPL street lighting adjacent to site with underground decorative street lighting to match City’s standards. X 9. Provide a proposed addressing plan. X 10. Provide landscape screening around the parking lot to prevent light pollution from car headlights onto adjacent residences. X 11. The existing 6‐inch water main on East Martin Luther King Blvd. is an Asbestos Cement pipe and shall be replaced with a 12‐inch C‐900 PVC pipe to the full length of the project property lines. The tapping sleeve of the new main will be located on the west side of Seacrest Blvd. X Page 356 of 453 Wells Landing North NWSP 20-004 Conditions of Approval Page 2 of 4 12. The proposed project will make any necessary improvements to connect to the City’s reclaimed water infrastructure. X FIRE Comments: 13. Provide a plan showing a 300’ radius from the center of each fire hydrants to ensure Code 9-32b is being met. X 14. Provide a note on the plans that states access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450’ NFPA 1- 18.2.3.2.2 X POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 15. Per City Ordinance, the Park Impact Fee is based upon a factor of $595 per unit for multi-family dwellings. Based upon the proposed 24 units, the fee will be $14,280 (24 X $595) due at time of building permit issuance. X PLANNING AND ZONING Comments: 16. The Abandonment application is lacking consent forms from Utility providers. The Site Plan approval is contingent on the approval of the Abandonment applications (ABAN 21-001 and ABAN 21-002) and the associated conditions of approval. X 17. Per the City’s Sustainability Code, please indicate on all Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. X 18. The applicant will be placing, at their cost, all overhead utilities below ground around the perimeter of the site. X Page 357 of 453 Wells Landing North NWSP 20-004 Conditions of Approval Page 3 of 4 19. A Sign Program will need to be submitted and approved prior to issuance of any signs for the project. X 20. Provide a detail of the proposed decorative 6’ tall buffer wall to be located within the landscape barrier along the east property line and ensure it is shown consistently on all plans. X 21. provide a detail of the covered bike racks. Sheet with detail provided in the south side project, but not the north. X 22. Revise the landscape to show the landscape islands are fully planted with shrub and ground cover materials. X 23. Provide a letter of approval from the Palm Beach Country Traffic Division stating that the project meets the Palm Beach County Traffic Performance Standards. X 24. Provide an approval letter from the School District of Palm Beach County confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units. X 25. Revise parking calculations to reflect 85 required parking spaces X 26. Revise plans to note that residential, visitor, and commercial spaces will be clearly marked with signs or painted parking bumpers and monitored by management. X COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. 27. Sidewalks, street lights, site amenities, commercial leasable space, and trees for the project shall meet the requirements of Section 18.2.a) through k), Required Project Improvements, of the Purchase and Sale Agreement between the Boynton Beach CRA and Wells Landings Apartments, LLC. X ADDITIONAL REPRESENTATION / COMMITMENTS 28. The applicant or applicant’s representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the Page 358 of 453 Wells Landing North NWSP 20-004 Conditions of Approval Page 4 of 4 applicant. The obligations have the same weight as other conditions of approval. _____________________________________________________ _____________________________________________________ _____________________________________________________ S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\Exhibit C - COA Wells Landing NORTH NWSP 20-004.doc Page 359 of 453 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wells Landing North (NWSP 20-004) APPLICANT: Elizabeth Roque, Wells Landing Apartments LLC APPLICANT’S ADDRESS: 7735 NW 146 Street Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. LOCATION OF PROPERTY: Northeast corner of NE 11th Avenue and NE 1st Street, extending south to Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit “A2” – Site Location Map) DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ 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\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\NWSP 20-004 DO.doc Page 360 of 453 8.C. P UB LI C HE A RI NG 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Ordinance No. 20-043 - Second Reading - Request for abandonment of a portion of the S W 6th Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 S W 25th Avenue (A B A N 20-010). Explanation of Request: The applic ant is requesting to abandon a portion (25 feet wide) of the SW 6th Street right-of-way – currently consisting of unimproved swale – in order to construct a single-family residenc e on the vac ant parc el located at 704 S W 25th Avenue, as depic ted and described in Exhibit “B ” (Sketc h and Legal Description). According to the Forest Hills Subdivision Plat (Exhibit C), the parcel borders the Ridgewood Estates and Seac rest Hills Subdivisions. I t is also located immediately west of the existing P oint of Reference Monument (P.R.M) – which marks the geographical location where the three subdivisions (Forest Hills, Ridgewood Estates and Seacrest Hills) meet. Staff notes that the subject property is the only one with an excessively wide right-of-way along S W 6th Street. The alignment of S W 6th Street was shifted as the result of the three (3) separate plats meeting at this loc ation, resulting in the extraordinarily large unimproved right-of-way segment abutting this parcel. I t also c aused a swale in excess of that of others in the area, creating the impression that the large grass area is part of the adjacent lot. The ty pic al width of a right-of-way c lassified as a loc al street (a.k.a. neighborhood street) is 50 feet. According to the Forest Hills Subdivision plat (Exhibit C ), nearly the entire length of the NW 6th Street R.O.W . is 50 feet wide, except for the portion of the R.O.W . in front of the subjec t property. The width of this portion varies between 73 feet, at the narrowest point, and 105 feet, at the widest point, as depic ted in Exhibit “D”. The proposed abandonment would reduc e the existing R.O.W . width to 50 feet, at the narrowest point, and 79 feet, at the widest point, as shown in Exhibit “E”. The resulting swale in front of the subject property will be consistent with the swales in front of other properties in the immediate vic inity and large enough to serve its intended purpose. The Planning and development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? NA Fiscal Impact: NA Alternatives: Non recommended Strategic Plan: Strategic Plan Application: NA C L IMAT E AC T IO N AP P LIC AT IO N: NA Page 361 of 453 Is this a grant? Grant Amount: AT TAC H ME N TS: Type Description Ordinance Ordinance approving abandonment of 25 ft ROW (S W 6th) Staff Report Staff Report Location Map Exhibit A - Location Map Drawings Exhibit B - Sketch and Legal Description Exhibit Exhibit C - Forest Hills Plat Exhibit Exhibit D - Subject Property W ithout Abandonment Exhibit Exhibit E - Subject Property W ith Abandonment Addendum Exhibit F - Conditions of Approval Exhibit Development Order Page 362 of 453 {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx ORDINANCE NO. 20- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE ABANDONMENT OF A 25 FOOT 4 WIDE PORTION OF THE SOUTHWEST 6TH STREET RIGHT-OF-5 WAY CONSISTING OF A PORTION OF THE UNIMPROVED 6 SWALE ABUTTING THE EAST LOT LINE OF THE PROPERTY 7 LOCATED AT 704 SW 25TH AVENUE; AUTHORIZING THE CITY 8 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a 25 foot wide portion of the SW 14 6th Street right-of-way currently consisting of unimproved swale in order to construct a single 15 family residence on the vacant parcel located at 704 SW 25th Avenue; and 16 17 WHEREAS, Staff has determined that the subject portion of the right-of-way requested 18 to be abandoned does not adversely impact traffic, does not adversely affect other adjacent 19 property owners, subject to the conditions of approval including the provision of the necessary 20 utility easements noted by staff during their review; and 21 22 WHEREAS, comments have been solicited from the appropriate City Departments, and 23 public hearings have been held before the City Commission on the proposed abandonment; and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a public 26 purpose other than retention of a utility easement, if warranted and therefore reco mmends 27 approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30 CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated herein by 33 this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36 abandon a 25 foot wide portion of the SW 6th Street right-of-way currently consisting of 37 unimproved swale in order to construct a single family residence on the vacant parcel located at 38 704 SW 25th Avenue. The property being abandoned is more particularly described as follows: 39 40 A PORTION OF THE 50 FOOT RIGHT -OF-WAY LYING EAST OF AND ADJACENT TO 41 LOT 7, BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS 42 RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM 43 BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 44 COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE 45 AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87°19'10" EAST ON 46 THE NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE 47 Page 363 of 453 {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx POINT OF BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE 48 EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE 49 OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE 50 RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING 51 A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 52 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°56'32" EAST ON A LINE 25 53 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7, A 54 DISTANCE OF 79.69 FEET; THENCE SOUTH 87°19'10" WEST ON THE EASTERLY 55 PROLONGATION OF THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 12.50 FEET TO 56 THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, AT WHICH THE 57 RADIUS POINT BEARS NORTH 28°03'28" EAST; 58 THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE 59 EAST LINE OF SAID LOT 7: 60 1) NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET 61 AND A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 26.18 FEET TO THE POINT OF 62 TANGENCY; 63 2) NORTH 01°56'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY 64 OF A CIRCULAR CURVE TO THE LEFT; 65 3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A 66 RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 67 FEET TO THE POINT OF BEGINNING. 68 69 SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, 70 FLORIDA AND CONTAINING 2,545 SQUARE FEET, MORE OR LESS. 71 72 Section 3. The City Manager is hereby authorized and directed to execute the attached 73 Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm 74 Beach County, Florida. 75 76 Section 4. This Ordinance shall take effect immediately upon passage. 77 78 FIRST READING this ____ day of November, 2020. 79 80 SECOND, FINAL READING AND PASSAGE THIS _____day of __________, 2020. 81 82 CITY OF BOYNTON BEACH, FLORIDA 83 YES NO 84 Mayor – Steven B. Grant _____ _____ 85 86 Vice Mayor – Ty Penserga _____ _____ 87 88 Commissioner – Justin Katz _____ _____ 89 90 Commissioner – Woodrow L. Hay _____ _____ 91 92 Commissioner – Christina L. Romelus _____ _____ 93 94 VOTE ______ 95 Page 364 of 453 {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx ATTEST: 96 97 _____________________________ 98 Crystal Gibson, MMC 99 City Clerk 100 101 102 (Corporate Seal) 103 Page 365 of 453 {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 25 foot wide portion of the SW 6th Street right-of- way currently consisting of unimproved swale in order to construct a single family residence on the vacant parcel located at 704 SW 25th Avenue. The property being abandoned is more particularly described as follows: A PORTION OF THE 50 FOOT RIGHT -OF-WAY LYING EAST OF AND ADJACENT TO LOT 7, BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87°19'10" EAST ON THE NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°56'32" EAST ON A LINE 25 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7, A DISTANCE OF 79.69 FEET; THENCE SOUTH 87°19'10" WEST ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 12.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 28°03'28" EAST; THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE EAST LINE OF SAID LOT 7: 1) NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 26.18 FEET TO THE POINT OF TANGENCY; 2) NORTH 01°56'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF A CIRCULAR CURVE TO THE LEFT; 3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 2,545 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of November, 2020. Page 366 of 453 {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of  physical presence or  online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day o f ________________, 2020. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: Page 367 of 453 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-028 TO: Chair and Members Planning & Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner II DATE: October 13, 2020 SUBJECT: Request for abandonment of a portion of the SW 6th Street right-of-way (ABAN 20-010) consisting of a portion of the unimproved swale abutting the east lot line of the subject property (704 SW 25th Avenue). Applicant: Zachary Schaffer NATURE OF REQUEST Zachary Schaffer, property owner of 704 SW 25th Avenue, is requesting to abandon a portion of the SW 6th Street right-of-way consisting of 25 feet of unimproved swale located between the existing east property line of the subject property and SW 6th Street. (see Exhibit “A” – Location Map). Should the abandonment be approved, the remaining grass swale would vary in width between 11- 24 feet; consistent with the swale in front of other properties in the immediate vicinity, and sufficient width to serve its intended purpose. The portion of the right-of-way to be abandoned would ultimately increase the subject property’s lot area. The abandonment request has been depicted and described in Exhibit “B” (Sketch and Legal Description). BACKGROUND The applicant is requesting to abandon a portion (25 feet wide) of the SW 6th Street right-of-way – currently consisting of unimproved swale – in order to construct a single-family residence on the vacant parcel located at 704 SW 25th Avenue, as depicted and described in Exhibit “B” (Sketch and Legal Description). According to the Forest Hills Subdivision Plat (Exhibit C), the parcel borders the Ridgewood Estates and Seacrest Hills Subdivisions. It is also located immediately west of the existing Point of Reference Monument (P.R.M) – which marks the geographical location where the three subdivisions (Forest Hills, Ridgewood Estates and Seacrest Hills) meet. Staff notes that the subject property is the only one with an excessively wide right-of-way along SW 6th Street. The alignment of SW 6th Street was shifted as the result of the three (3) separate plats meeting at this location, resulting in the extraordinarily large unimproved right-of-way segment abutting this parcel. It also caused a swale in excess of that of others in the area, creating the illusion that the large grass area already is part of the adjacent lot. The typical width of a right-of-way classified as a local street (a.k.a. neighborhood street) is 50 feet. Page 368 of 453 Page 2 Memorandum No. PZ 20-028 ABAN 20-010 According to the Forest Hills Subdivision plat (Exhibit C), nearly the entire length of the NW 6th Street R.O.W. is 50 feet wide, except for the portion of the R.O.W. in front of the subject property. The width of this portion varies between 73 feet, at the narrowest point, and 105 feet, at the widest point, as depicted in Exhibit “D”. The proposed abandonment would reduce the existing R.O.W. width to 50 feet, at the narrowest point, and 79 feet, at the widest point, as shown in Exhibit “E”. The resulting swale in front of the subject property will be consistent with the swales in front of other properties in the immediate vicinity and large enough to serve its intended purpose. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses from the easement holders follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection. Public Works/ Utilities - No objection with the following conditions: 1. Provision of a 12’ easement; and 2. Prohibition of planting canopy trees within the easement. Planning and Zoning - No objection. PUBLIC UTILITY COMPANIES Florida Power and light - No objection with provision of necessary easements to cover existing and future facilities as needed. AT&T - No objection with provision of necessary easements to cover existing and future facilities as needed. Comcast - No objection Florida Public Utilities No objection with provision of necessary easements to cover existing and future facilities as needed. RECOMMENDATION Staff has determined that the subject portion of the right-of-way requested to be abandoned does not adversely impact traffic, does not adversely affect other adjacent property owners, and therefore no longer serve a public purpose, subject to the conditions of approval including the provision of the necessary utility easements noted by staff during their review. Based on the above analysis, staff recommends APPROVAL of the applicant’s request to abandon this portion of the right-of-way, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit “F” - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\704 SW 25th (SW 6th Street Abandonment)\Staff Report ABAN_20-010.doc Page 369 of 453 ±0 20 40 60 8010Feet LOCATION MAP EXHIBIT A Legend S W 2 5 T H S T SW 6TH STFeetSUBJECT PROPERTY Page 370 of 453 P&Z 09/22/2020 Page 371 of 453 P&Z 09/22/2020 Page 372 of 453 Page 373 of 453 S W 2 5 t h A v e SW 5th StSW 6th StS W 2 5 t h P l SW7thSt0 25 50 75 10012.5 Feet /Page 374 of 453 S W 2 5 t h A v e SW 5th StSW 6th StS W 2 5 t h P l SW7thSt0 25 50 75 10012.5 Feet /Page 375 of 453 EXHIBIT F Conditions of Approval Project Name: 704 SW 25th - SW 6th Street Abandonment File number: ABAN 20-010 Reference: 1st review documents identified as Abandonment Application with a September 22, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Provide a 12 feet wide utility easement. X 2. Canopy trees shall not be planted within the easement. X FIRE Comments: Not applicable. POLICE Comments: Not applicable. BUILDING DIVISION Comments: Not applicable. PARKS AND RECREATION Comments: Not applicable. PLANNING AND ZONING Comments: 1. Provide necessary easements to cover existing and future utility facilities as needed. X COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. Page 376 of 453 704 SW 25th Street – SW 6th Street Abandonment (ABAN 20-010) Conditions of Approval Page 2 of 2 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant’s representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. __________________________________________________________ __________________________________________________________ __________________________________________________________ S:\Planning\SHARED\WP\PROJECTS\704 SW 25th (SW 6th Street Abandonment)\ABAN 20-010 COA.docx Page 377 of 453 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 704 SW 25th Avenue – SW 6th Street Abandonment (ABAN 20-010) APPLICANT: Zachary Schaffer, Property Owner APPLICANT’S ADDRESS: 4807 NW 16th Terrace, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 1, 2020 APPROVAL SOUGHT: Request for abandonment of a portion of the SW 6th Street right-of-way (ABAN 20-010) consisting of 25 feet of unimproved swale abutting the east lot line of the property located at 704 SW 25th Avenue. LOCATION OF PROPERTY: Portion of the SW 6th Street R.O.W. located south of SW 25th Avenue, and north of SW 25th Place. DRAWING(S): SEE EXHIBITS “B”, “C”, “D” & “E” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval 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 “F” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ 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\704 SW 25th (SW 6th Street Abandonment)\ABAN 20-010 DO.doc Page 378 of 453 11.A. NE W B US I NE S S 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Review and action on Annual Performance Evaluation for the City Manager. Explanation of Request: Pursuant to the City Manager's Appointment Agreement, the Commission will provide the City Manager with a performance evaluation no less than annually. Ms. LaVerriere's last evaluation was on December 3, 2019. How will this affect city programs or services? Providing feedback regarding performance allows opportunities to recognize areas of strength and to suggest areas for improvement. Fiscal Impact: Budgeted I n conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of the City Manager in such amounts and to the extent the Commission may determine is proper. The Commission may, from time to time, grant the City Manager a performance bonus, provided the bonus is granted in accordance with Florida Statute 214.425. Modification to monetary items in the Agreement may have a resulting financial impact. Alternatives: N/A Strategic Plan: Strategic Plan Application: High Performing Organization C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? No Grant Amount: AT TAC H ME N TS: Type Description Addendum Appointment Agreement & Addenda Addendum Evaluation - Vice Mayor Penserga Addendum Evaluation - Commissioner Hay Addendum Evaluation - Commissioner Katz Page 379 of 453 Page 380 of 453 Page 381 of 453 Page 382 of 453 Page 383 of 453 Page 384 of 453 Page 385 of 453 Page 386 of 453 Page 387 of 453 Page 388 of 453 Page 389 of 453 Page 390 of 453 Page 391 of 453 Page 392 of 453 Page 393 of 453 Page 394 of 453 Performance Evaluation for the City Manager FOR: Lori LaVerriere DATE: ___________________ NAME OF EVALUATOR: _____________________________________________________________ ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An “Overall Impression” rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a “Comments” section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager’s compensation. INSTRUCTIONS: Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an “X” along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED 11/22/2020 Ty PENSERGA Page 395 of 453 Page 2 of 15 CITY MANAGER’S TEN MAJOR AREAS OF RESPONSIBILITY I. Organizational Management 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ www.gh-eddd.itional oversight of employees is strongly Page 396 of 453 Page 3 of 15 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ II. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ The budget proposals are excellent. Let 's work on making the agendasavailableearlier.The agendas are comprehensive and more time for their analysis would be ideal . Page 397 of 453 Page 4 of 15 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his /her control? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 398 of 453 Page 5 of 15 III. Program Development and Follow-Through 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 399 of 453 Page 6 of 15 IV. Communication 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Reports are sporadic .I would prefer forthemtobecombinedintoasinglepackage,and provided according to a consistent and regular schedule . Page 400 of 453 Page 7 of 15 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ V. Relationship with the Mayor/Commission 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions’ attitudes, feelings and needs? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 401 of 453 Page 8 of 15 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for “quality of life” issues? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 20. Multi-Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 402 of 453 Page 9 of 15 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his /her public credibility an asset or liability to the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Responsive , consistent , and demonstrates follow -through with resident concerns . Particularly important in our responsetothispandemic. Page 403 of 453 Page 10 of 15 IX. Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager res pected by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 404 of 453 Page 11 of 15 X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self -starter? Does the City Manager have good mental and physical stamina? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 405 of 453 Page 12 of 15 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 406 of 453 Page 13 of 15 OVERALL PERFORMANCE IMPRESSION: + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praise/commendation . Excellent,proud of our city manager and the overall leadership team . Clarity ,responsiveness ,leadership . Exert additional control of employees . Page 407 of 453 Page 14 of 15 Comment Areas 1. What are the manager’s most significant accomplishments during the past year? 2. What are the manager’s strongest qualities? 3. In what areas does the manager need to improve? Recommendations. 4. Two things the manager does that you would like him/her to continue. 5. Two things the manager does that you would like him/her to discontinue. 6. Two things the Manager does not do you would like him/her to start. Consistent and regular meetings with myself. Always available and responsive . I.Earlier access or publication of agenda . 2 . Consolidated staff dept.reports on a consistent and regular schedule. 3 .Additional supervision /oversight of subordinate employees,not just at the level of department heads 1 directors . Page 408 of 453 Page 15 of 15 Performance Evaluation for the City Manager Signature Page ________________________________________________________________ ____________________________ Evaluator’s Signature Date ________________________________________________________________ Evaluator’s Printed Name Performance Conference Date: _________________________ ________________________________________________________________ ____________________________ City Manager’s Signature Date City Manager’s Comments: _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ Etp "Huw Ty PEN SERA A 11/24 how Page 409 of 453 Performance Evaluation for the City Manager FOR: Lori LaVerriere DATE: Nov 24, 2020 NAME OF EVALUATOR: Commissioner Woodrow L. Hay ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An “Overall Impression” rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a “Comments” section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager’s compensation. INSTRUCTIONS: Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an “X” along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 410 of 453 Page 2 of 16 CITY MANAGER’S TEN MAJOR AREAS OF RESPONSIBILITY I. Organizational Management 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is Page 411 of 453 Page 3 of 16 the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: She gives many responsible tasks to her Asst. Managers to handled.___________________________________________________________________________________________________ II. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:The budget is always on time. _____________________________________________________________________________________________________________ 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- Page 412 of 453 Page 4 of 16 designed, informative and understandable format? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his /her control? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ III. Program Development and Follow-Through Page 413 of 453 Page 5 of 16 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? + + + + (X4.5) + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ IV. Communication Page 414 of 453 Page 6 of 16 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Newletters, agendas, and minutes are received in a timely manner.__________________________________________________________________________________________________ 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Through the use of social media, the City Manager keeps the Council informed on issues pertaining to the City. _____________________________________________________________________________________________________________ Page 415 of 453 Page 7 of 16 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ V. Relationship with the Mayor/Commission 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions’ attitudes, feelings and needs? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 416 of 453 Page 8 of 16 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for “quality of life” issues? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Accomplished through the creation of an Economic Development Manager in David Scott. _____________________________________________________________________________________________________ 20. Multi-Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:This is shown thru the completion of Town Square, new Police Station, and renovation of the old High School. _____________________________________________________________________________________________________ VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in her dealings with the news media? Does the City Manager properly convey the policies and programs of the City? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Lori’s comments to the news media helped to maintain order in the volatile Fire Station #1 mural situation. _____________________________________________________________________________________________________________ Page 417 of 453 Page 9 of 16 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Lori is definitely an asset. The City Manager is highly respected by the community. When she found out about the mural problem, she immediately had it removed and gave an explanation to the community. She quickly deescalated a potential problem. VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? + + + + X(4.5) + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 418 of 453 Page 10 of 16 IX. Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? + + + + X(4.5) + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respec ted by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? + + + + X(4.5) + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Page 419 of 453 Page 11 of 16 COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Lori attends community events, she helps with Feeding South Florida, and many other City programs. _____________________________________________________________________________________________________________ 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self -starter? Does the City Manager have good mental and physical stamina? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Lori completed City work at home during her surgery. _____________________________________________________________________________________________________________ Page 420 of 453 Page 12 of 16 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Lori removed, re-assigned, and recruited City personnel during Fire Station #1 situation. _____________________________________________________________________________________________________________ 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capaci ties? Does the City Manager have a reputation in the community for honesty and integrity? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? + + + + + 1.0 2.0 3.0 4.0 (5.0) Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ Page 421 of 453 Page 13 of 16 _____________________________________________________________________________________________________________ OVERALL PERFORMANCE IMPRESSION: + + + + X(4.5) + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? Her ability to adjust to situations and make proper decisions for the betterment of the City of Boynton Beach. Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? It maybe a challenge, but try not to get emotionally attached to City situations. Commendations: Area(s) of performance calling for praise/commendation . The de-escalation of a potential riot in the City by addressing the mural problem quickly and directly. Page 422 of 453 Page 14 of 16 Comment Areas 1. What are the manager’s most significant accomplishments during the past year? Completion of City Hall and the new Police Building. 2. What are the manager’s strongest qualities? Leadership and her ability to relate to community leaders. 3. In what areas does the manager need to improve? Recommendations. Increase her attendance at more community events. 4. Two things the manager does that you would like him/her to continue. a) Continue to be involved in the day-to-day activities in the City through the use of social media. b) Continue to be visible with employees and community leaders. 5. Two things the manager does that you would like him/her to discontinue. None at this time. Page 423 of 453 Page 15 of 16 6. Two things the Manager does not do you would like him/her to start. None at this time. Performance Evaluation for the City Manager Signature Page Woodrow L. Hay Date: Nov. 24, 2020 Evaluator’s Signature Woodrow L. Hay Evaluator’s Printed Name Performance Conference Date: _________________________ ________________________________________________________________ ____________________________ City Manager’s Signature Date City Manager’s Comments: _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 424 of 453 Page 16 of 16 _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 425 of 453 Performance Evaluation for the City Manager FOR: Lori LaVerriere DATE: ___________________ NAME OF EVALUATOR: _____________________________________________________________ ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An “Overall Impression” rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a “Comments” section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager’s compensation. INSTRUCTIONS: Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an “X” along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 426 of 453 Page 2 of 16 CITY MANAGER’S TEN MAJOR AREAS OF RESPONSIBILITY I. Organizational Management 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 427 of 453 Page 3 of 16 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ II. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 428 of 453 Page 4 of 16 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 429 of 453 Page 5 of 16 III. Program Development and Follow-Through 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 430 of 453 Page 6 of 16 IV. Communication 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 431 of 453 Page 7 of 16 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ V. Relationship with the Mayor/Commission 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions’ attitudes, feelings and needs? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 432 of 453 Page 8 of 16 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for “quality of life” issues? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 20. Multi-Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 433 of 453 Page 9 of 16 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 434 of 453 Page 10 of 16 IX. Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respected by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 435 of 453 Page 11 of 16 X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self -starter? Does the City Manager have good mental and physical stamina? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 436 of 453 Page 12 of 16 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ 32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 437 of 453 Page 13 of 16 OVERALL PERFORMANCE IMPRESSION: + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:______________________________________________________________________________________________ _____________________________________________________________________________________________________________ Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for praise/commendation. Page 438 of 453 Page 14 of 16 Comment Areas 1. What are the manager’s most significant accomplishments during the past year? Government complex in downtown Boynton Beach. Continued downtown redevelopment. 2. What are the manager’s strongest qualities? Leadership. Decision-making. 3. In what areas does the manager need to improve? Recommendations. 4. Two things the manager does that you would like him/her to continue. Her job. Continue working with Boynton Beach. Page 439 of 453 Page 15 of 16 5. Two things the manager does that you would like him/her to discontinue. 6. Two things the Manager does not do you would like him/her to start. Performance Evaluation for the City Manager Signature Page ______Justin Katz____________________________________________ Evaluator’s Signature Date 11-24-2020 _____Justin Katz______________________________________________ Evaluator’s Printed Name Performance Conference Date: _________________________ ________________________________________________________________ ____________________________ City Manager’s Signature Date City Manager’s Comments: _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 440 of 453 Page 16 of 16 _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ Page 441 of 453 13.A. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Discuss attainable housing options for future development in Boynton Beach. - December 15, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 442 of 453 13.B. FUTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: I LA for Women's Club transfer to the City - December 15, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 443 of 453 13.C. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Staff to provide Executive Summary of discussion on polystyrene foam waste reduction options that were discussed during at the November 17, 2020 City Commission meeting. - December 15, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 444 of 453 13.D. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Recommendations from the Recreation & Parks Advisory Board for the naming of City facilities in the downtown/town square area will be presented to the City Commission for approval. - December 15, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 445 of 453 13.E. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 446 of 453 13.F. FUTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: I LA for Sara Sims Park Pavilion I mprovements - February 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 447 of 453 13.G. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program - TB D Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 448 of 453 13.H. FUTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - T B D Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 449 of 453 13.I . FUTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Discussion of L OI process for sale of city land - TB D Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 450 of 453 13.J . F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (RE ZN 20-001) rezoning subject property from C B D (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of S E 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GC I Acquisitions L L C. - TB D Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 451 of 453 13.K. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (A B A N 20-009) abandoning a portion of the improved 45 foot wide right-of-way of S E 1st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GC I Acquisitions L L C. - T B D Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 452 of 453 13.L. F UTURE A GE ND A I TE MS 12/1/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/1/2020 Requested Action by Commission: Approval of Legacy at Boynton Beach (NW S P 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GC I Acquisitions LLC. - T B D Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: C L IMAT E AC T IO N AP P LIC AT IO N: Is this a grant? Grant Amount: Page 453 of 453