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Agenda 02-02-10 Searchable The City of B nt n Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 TUESDAY, FEBRUARY 2, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I Woodrow Hay Vice Mayor - District II Jose Rodriguez Commissioner - District III Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton-beach.org We're Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORU M: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). 20f375 1. OPENINGS A. B. C. D. 1. 2. 2. OTHER Call to order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Commissioner Rodriguez Agenda Approval: Additions, Deletions, Corrections Adoption A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Announcing the upcoming Movies on the Avenue event. Announcement of the upcoming Ocean Avenue Concert. Permit recognition of City Clerk Janet Prainito, who has earned the designation of Master Municipal Clerk from the International Institute of Municipal Clerks. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE Accept the resignation of Lloyd McCoy, a regular member of the Community Relations Board. Appoint eligible members of the community to serve In vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Approve the Minutes from the City Commission meeting held on January 5, 2010. 30f375 PROPOSED RESOLUTION NO. R10-014 - Approve Piggy-backing of a contract between the City of Lake Wales and the ISI Water Company (a.k.a. Water Company of America) for Utility Revenue Enhancement Services. PROPOSED RESOLUTION NO R10-015 -- Authorize application for a grant in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, for the 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees and palms in Pence Park and in the medians on S.W. 4th Street. PROPOSED RESOLUTION NO. R10-016 -- Approve and authorize execution of the agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach PROPOSED RESOLUTION NO. R10-017 -- Authorize City Manager to sign Local Government Verification Forms on behalf of the Cornerstone Group for the developer's participation in the New Issue Bond Program (NIPB) administered by the Florida Housing Corporation, to support the completion of the final phase (64 townhome units) of The Preserve development. . PROPOSED RESOLUTION R10-018 -- Approve the payment of $28,644.79 to Midrange Support and Service, Inc. for the annual renewal of the AS/400 hardware and operating system support and maintenance. PROPOSED RESOLUTION NO. R10-019 - Designate Jeff Livergood, Director of Public Works and Engineering, as the appointed representative to the Technical Advisory Committee (TAC) of the Palm Beach County Metropolitan Planning Organization (MPO). Approve the "SURPLUS VEHICLE / EQUIPMENT LIST" as submitted by Public Works / Fleet Maintenance and allow for the auction of the same. Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the three month period ended December 31, 2009. . Approve the proposed monuments commemorating "Gold Star Mothers" and "POW / MIA's"; and, four (4) commemorative benches, as funding permits. Authorize City Administration to exercise the City's Lease Option or Buy-Out Option rights under the existing contractual agreements as approved in 2006. Review and approve FY2011 Federal Appropriations submittals. 7. BIDS AND PURCHASES OVER $100,000 Authorize City staff to seek proposals from contractors currently performing utility installation work for FPL and Palm Beach County for the installation of the City's 36" water main on Military Trail. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS 40f375 None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Request relief from Chapter 21 Signs, Article IV, Section 3. B. limiting maximum sign area to 160 square feet, to allow an additional 40 square feet of signage and a variance of 40 square feet in the C-3, Community Commercial zoning district. Applicant: Agree Limited Partnership. 10. CITY MANAGER'S REPORT Consider request by the Palm Beach County Criminal Justice Commission to provide a host location for a Justice Service Center at the Carolyn Sims Center. Review staff analysis of the compressed work week (4-10 hour days) at City Hall, Public Works and the Library and provide direction to staff regarding continuation of the compressed work week program. Verbal report on purchase negotiations for Police Facility Office Space. Review staff ideas for Municipal Election Public Service Announcement and other election information. 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 2010). B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS Request code review and prohibition of adult uses in the City's Zoning Ordinance. 13. LEGAL PROPOSED ORDINANCE NO.10-003 -- SECOND READING - Hemingway Square Medical Office land use amendmenUrezoning (LUAR 09-004). Amend the Future Land Use Map classification for the 1.249 acre property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). 50f375 PROPOSED ORDINANCE NO. 10-004 -- SECOND READING - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Approve rezoning the property from Infill Planned Unit Development (IPUD) to C-3, Community Commercial. PROPOSED ORDINANCE NO. 10-005 -- SECOND READING -- Amending and restating Article III, Chapter 18 of Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund. PROPOSED ORDINANCE NO. 10- 006 -- FIRST READING -- Amend and restate Article II, Chapter 18 of Boynton Beach Code of Ordinances entitled "Employees' Pension Plan". PROPOSED RESOLUTION NO. R10-020 -- Authorize issuance of "Notice of Intent" (NOI) to commence temporary moratorium to allow for study of regulations related to pain management clinics and other uses which dispense prescription pain medications. 14. UNFINISHED BUSINESS None 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 60f375 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 ~ ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Announcing the upcoming Movies on the Avenue event. EXPLANATION OF REQUEST: On Friday, February 5, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present a Movies on the Ave film screening, featuring the award winning musical Hairspray, PG. This FREE event will take place from 7:00 PM to 9:00 PM at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest. Food and Drink vendors are available. Please bring your folding chairs or blankets. Parking onsite, no pets please. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget - line item 02-58500-480 AL TERNA TIVES: 70f375 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 ~ ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF D CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: Announcement of the upcoming Ocean Avenue Concert. EXPLANATION OF REQUEST: On Friday, February 19, 2010, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Ocean Avenue Concert, featuring the Reggae and Island sounds of Wildfire. This FREE concert will take place from 6:00 PM to 9:00 PM at the Amphitheatre next to the Schoolhouse Children's Museum on Ocean Avenue just east of Seacrest Blvd. Food and Drink vendors are available. Please bring your folding chairs and be prepared to dance the night away. Parking onsite, no pets please. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: CRA Budget - line item 02-58500-480 AL TERNA TIVES: 80f375 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT ~ ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Permit recognition of City Clerk Janet Prainito, who has earned the designation of Master Municipal Clerk from the International Institute of Municipal Clerks. EXPLANATION OF REQUEST: The MMC is the second of the two professional designations offered by IIMC. To qualify for entrance into the Master Municipal program, an applicant must have already earned the CMC designation. The MMC program prepares the participants to meet the challenges of the complex role of the Municipal Clerk by providing an advanced continuing education program that prepares participants to perform more complex municipal duties. The program has an extensive and advanced educational component, and a professional and social contribution component. MMC applicants must demonstrate that they have actively pursued educational and professional activities and have remained informed of current socio-political, cultural, and economic issues that affect local governments and municipalities. The IIMC, founded in 1947, has over 10,000 members throughout the United States, Canada and 15 other countries. The mission of this global, non-profit corporation is to enhance the education opportunities and professional development of its membership. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Recognition will help raise awareness of the role of the City Clerk, who is responsible for keeping a public record of all proceedings of the City Commission, including the certification of all ordinances and resolutions. FISCAL IMPACT: None ALTERNATIVES: Not permit recognition. 90f375 January 21 , 2010 Attention: City Manager Kurt Bressner Dear City Manager Bressner: Janet M. Prainito, City Clerk to the Boynton Beach, has earned the designation of MMC, which is awarded by the International Institute of Municipal Clerks, Inc. IIMC grants the MMC designation only to those municipal clerks who complete demanding education requirements; and who have a record of significant contributions to their local government, their community and state. The International Institute of Municipal Clerks, founded in 1947, has 10,300 members throughout the United States, Canada and 15 other countries, and the mission of this global non-profit corporation is to enhance the education opportunities and professional development of its diverse membership. In light of the speed and drastic nature of change these days, lifelong learning is not only desirable, it is necessary for all in local government to keep pace with growing demands and changing needs of the citizens we serve. Your municipality can take immense pride in Janet's educational accomplishments and achievement of this milestone. On behalf of the IIMC Board of Directors, I am honored to endorse the conferring of MMC to Janet M. Prainito, City Clerk to the Boynton Beach. We share your pride in this achievement and we applaud your support of the role Janet plays in your municipality. Sincerely, ~~~W-~ Mary Lynne Stratta, MMC II Me President MS:em 100f375 Program Prepares Participants To Perform Complex Duties Janet M. Prainito, Boynton Beach City Clerk, has earned the designation Master Municipal Clerk from the International Institute of Municipal Clerks. The MMC program prepares participants to meet the challenges of the complex role of the Municipal Clerk by providing an advanced continuing education program that prepares participants to perform more complex municipal duties. The program has an extensive and advanced educational component and professional and social contribution components. MMC applicants must demonstrate that they have actively pursued educational and professional activities and have remained informed of current socio- political, cultural, and economic issues that affect local governments and municipalities. Ms.Prainito joinedlhe City Clerk staff as Recording Secretary in 1991 and was named Deputy City Clerkin 1997. In 2001, she was appointed to the position of City Clerk. She oversees a service department that is the oldest office of municipal government and is responsible for keeping a public record of all proceedings of the City Commission, including the .certification of all ordinances and resolutions. The City Clerk is the official custodian oflheCity Seal and any other papers, documents or records pertaining to the City. TheiCity Clerk's Office is also responsible for the administration of all city elections. The IIMC, founded in 1947, has over 10,000 members throughout the United States, Canada and 15 other countries. The mission of this global, non-profit corporation is to enhance the education opportunities and professional development of its membership. ### 375 5. A ADMINISTRATIVE February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF ~ ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Accept the resignation of Lloyd McCoy, a regular member of the Community Relations Board. EXPLANATION OF REQUEST: Lloyd McCoy has submitted a letter of resignation stating his reason for the request. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Community Relations Board will have a vacant position. FISCAL IMPACT: None ALTERNATIVES: None 120f375 Mr.Lloyd McCoy 3923 Westchester Way Boynton Beach,Fl.33436 December 14,2009 Mayor Jerry Taylor 100 East Boynton Beach Blvd. Boynton Beach,F1.33435 Dear Mayor Taylor: Thank you for giving me the opportunity to serve on the City's Community Relations Board. Regrettably,at this time I must resign to address some family and health matters. I commend the Community Relations Board for the dedication and commitment they've demonstrated towards the bettennent and unity of our community.! hope to serve again In some capacity as conditions allow. SinnelY, /....-- / I } ..-"._-7"'~ /.; /# ../' j i I /. Lloyd MC~~~/./ L/ 13 of375 5. B ADMINISTRATIVE February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 02,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF ~ ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY 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 member 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: None ALTERNATIVES: Allow vacancies to remain unfilled. 140f375 APPOINTMENTS FOR FEBRUARY 02,2010 Appointment Length of Term To Be Made By Board Expiration Date III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 (Tabled 2) IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/10 (Tabled 3) IV Ross Cemetery Board Reg 3 yr term to 12/12 (Tabled 3) Mayor Taylor Cemetery Board Alt 1 yr term to 12/10 (Tabled 3) II Hay Code Compliance Board Alt 1 yr term to 12/10 (Tabled 3) Mayor Taylor Community Relations Bd. Reg 3 yr term to 12/11 II Hay Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 3) IV Ross Community Relations Bd. Alt 1 yr term to 12/10 I Weiland Education & Youth Advisory Board Stu N/V 1 yr term to 12/10 (Tabled 2) Mayor Taylor Education & Youth Advisory Board Stu 1 yr term to 12/10 (Tabled 3) II Hay Employees' Pension Board Reg 3 yr term to 12/12 (Tabled 3) Mayor Taylor Library Board Alt 1 yr term to 12/10 (Tabled 2) IV Ross Recreation & Parks Board Alt. 1 yr term to 12/10 III Rodriguez Recreation & Parks Board Alt 1 yr term to 12/10 (Tabled 3) I Weiland Senior Advisory Board Alt 1 yr term to 12/10 (Tabled 3) II Hay Senior Advisory Board Alt 1 yr term to 12/10 (Tabled 3) Weiland Veterans Adv. Commission Alt 1 yr term to 12/10 (Tabled 3) 150f375 APPLICANT ELIGIBLE FOR APPOINTMENT 02/02/10 Last Name First 1st Choice 2" Choice I 3ri'r Choice Name Jackson Doris Community Relations Bd. Victor Community Veterans Recreation and Relations Bd. Commission Parks Board Laurie Arts Commission Library Bd. Ben Library Board Community Relations 160f375 6. A CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the Minutes from the City Commission meeting held on January 5, 2010. EXPLANATION OF REQUEST: The City Commission met on January 5,2010 and minutes were prepared from the notes taken at the meeting by the Deputy City Clerk. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? A permanent record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: N/A ALTERNATIVES: NI A 17 of 375 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JANUARY 5,2010 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Vice Mayor Hay. Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross recognized Citrus Cove Elementary celebrating their 20th Anniversary, and congratulated the Principal, Assistant Principal, teachers and students. 180f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Mayor Taylor announced the upcoming City Services Institute classes starting January 25, 2010 through March 22, 2010. It is an opportunity to learn more about City government, how it operates and the people involved. There is a $25 fee that includes all materials and a graduation dinner. Vice Mayor Hay wished everyone a Happy New Year and hoped everyone could work together for a better year and the betterment of the City of Boynton Beach. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the upcoming Ocean Avenue Concert. Kathy Biscuiti, Special Events Director, announced the Oceanfront Concert Series would be returning as the Ocean Avenue Concert Series. The concerts would be held on the third Friday of each month commencing January 15, 2010 through May. It would be held next to the Children's Schoolhouse Museum in the amphitheater including a large grassy area and two playgrounds in the near vicinity. Chairs or blankets would be needed. The Bulldog Rock n' Roll band would be performing first. Food and drink vendors would be on-site. No pets allowed. Mayor Taylor explained the events are sponsored by the Community Redevelopment Agency and must be held within their area. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Victoria Castello, 406 S. Seacrest Blvd., discussed the relocation of the police station to Renaissance Commons. She indicated the City Attorney's law firm had been paid $455,000 to represent the City. Mayor Taylor noted the City Attorney also saved the City millions of dollars. Ms. Castello noted there was not a great deal of back up materials available on the issue. LuLu Dacamara, 836 East Drive, pointed out a state-of-the-art library and Children's Schoolhouse Museum were both downtown. It is a perfect area for a cultural center in accordance with the latest development plan. The hearts of the cities along the coastline are downtown. The Chamber of Commerce, Police Department, City Hall and Library should remain downtown. She questioned if there was a plan to kill the downtown by moving the Chamber of Commerce, Police Department and possibly City Hall being relocated. If this happened, the area would become a slum area. Ms. Dacamara cautioned that people would remember how the Commissioners voted on certain issues when they vote in the municipal election. 2 190f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Charles Gaulkin, 8 Colonial Club Drive, protested the plan to move the Police Department. The plan would have a negative impact on the development along the coastal area and east side. He contended the proposed location was totally impractical. There would be traffic congestion created in emergency situations and restaurant and retail patrons would be intermingled with police and the associated criminal element. The expenditure of $15 million in tough economic times was disturbing. Mr. Gaulkin inquired about the status of the project at this time. Mayor Taylor explained the issue would come back before the Commission January, 19. There would be further discussion at that time and the Mayor welcomed interested parties to attend. Mr. Bressner added the responses from the contractors are available in the City Clerk's office. Mr. Gaulkin felt more than publishing the agenda should be done to notify the residents. Cliff Montross, 109 SW 18th Street, surmised that the police facility issue would be brought back before a Commission of only three members. He urged that the matter be tabled. He contended the Commissioners running for office had to step down 10 days before the election. Attorney Cherof advised there was no requirement that a Commissioner step down to run for the positions that are vacant. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. There was consensus to approve the collective appointments to each board, rather than each appointment individually. Arts Commission Commissioner Weiland appointed Dana Cook as a regular member. Vice Mayor Hay re-appointed Halena Wolf as a regular member. Commissioner Rodriguez re-appointed Donn Davenport as an alternate member Commissioner Ross appointed Christine Moeller as an alternate member. Commissioner Weiland commented he had appointed an alternate as a regular to give the alternate an opportunity to participate as a regular member. It does result in a regular member becoming an alternate member. Vice Mayor Hay contended if there was no problem with the current regular members, they should not be displaced. Mayor Taylor agreed with Vice Mayor Hay. The appointments passed unanimously. 3 200f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Buildinq Board of Adiustment and Appeals Mayor Taylor re-appointed Richard Kurtz as a regular member. Commissioner Weiland tabled his appointment for a regular member. Vice Mayor Hay re-appointed Sanford Guritzky as a regular member. There were no other applicants for the vacancies remaining. The appointments passed unanimously. Cemetery Board There were no applicants for the vacancies. Code Compliance Mayor Taylor re-appointed Jamie LaTour as a regular member. Commissioner Weiland appointed James Brake as a regular member. Commissioner Ross appointed Kathleen Carroll as an alternate member. There were no other applicants. The appointments passed unanimously. Community Relations Board Commissioner Ross re-appointed Phyllis Stern as a regular member Mayor Taylor re~appointed Joyce Mura as a regular member. Commissioner Weiland appointed Regina Waterhouse as a regular member. There were no other applicants. The appointments passed unanimously. Education and Youth Advisory Board Mayor Taylor re-appointed Mary Morera as a regular member. Commissioner Weiland re-appointed Loretta Wilkinson as a regular member. Vice Mayor Hay appointed Myra Jones as a regular member. Commissioner Rodriguez re-appointed Steve Waldman as a regular member. Vice Mayor Hay appointed Jose Dela Torre III as an alternate member. Commissioner Ross appointed Tiffany North as an alternate member. Commissioner Rodriguez tabled his appointment for a Student Non-voting member. Commissioner Ross re-appointed Robert Chiste as a student member. 4 210f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 There were no other applicants. The appointments passed unanimously. Emplovee Pension Board There was no applicant for the vacancy. Library Board Commissioner Rodriguez appointed Deborah Hoban as a regular member. Commissioner Ross re-appointed Jeanne Taylor as a regular member. Vice May Hay appointed Valerie Pleasanton as an alternate member. There were no other applicants. The appointments passed unanimously. Planninq and Development Board Commissioner Weiland re-appointed Candace Killian as a regular member. Vice Mayor Hay re-appointed Mathew Barnes as a regular member. Commissioner Rodriguez appointed Warren Timm as a regular member. Commissioner Ross re-appointed Steve Myott as a regular member. Mayor Taylor appointed Sharon Grcevic as an alternate member. Mayor Taylor appointed Leah Foertsch as an alternate member. The appointments passed unanimously. Recreation and Parks Board Mayor Taylor re-appointed William Orlove as a regular member. Commissioner Weiland appointed Jack McVey as a regular member. Vice Mayor Hay re-appointed Thomas Gresh as a regular member. There were no other applicants. The appointments passed unanimously. Senior Advisorv Board Commissioner Ross appointed Patricia Frazier as a regular member. Mayor Taylor appointed Katharine Cregan as a regular member. There were no other applicants. 5 220f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 The appointments passed unanimously. Veterans Commission Commissioner Weiland appointed Don Scantlan as a regular member. Vice Mayor Hay re-appointed Thomas Krabill as a regular member. Commissioner Rodriguez appointed John Farrington as an alternate member. Commissioner Ross appointed Morris Boruck as an alternate member. Mayor Taylor re-appointed Stanley Gavlick as an alternate member. There were no other applicants. The appointments passed unanimously. Motion Vice Mayor Hay moved to table those appointments not made. Commissioner vVeiland seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meetings held on November 17,2009, December 1, 2009 and December 15,2009. B. PROPOSED RESOLUTION NO. R10-001 -- Approve an Agreement with Broadcast Music, Inc. (BMI) to acquire the licensing necessary to play music for public performance C. PROPOSED RESOLUTION NO. R10-002 -- Approve Cooperative Agreement among COALA (Cooperative Authority for Library Automation) member libraries to include the City of Boynton Beach, Town of Lake Park, Village of Palm Springs, Village of North Palm Beach, and Delray Beach Public Library Association, Inc., for the operation of a shared library automation system. D. PROPOSED RESOLUTION NO. R10-003 -- Approve 36-month Agreement with Paetec for existing phone-line equipment and ongoing long distance service. 6 23 of 375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5,2010 E. PROPOSED RESOLUTION NO. R10-004 -- Approve an agreement with Federal Property Registration Corporation for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040 including the proactive notification to all mortgagees requiring their registration of vacant properties within the City's jurisdiction. F. PROPOSED RESOLUTION NO. R10-005 Approve a Railroad Reimbursement Agreement with the Florida Department of Transportation authorizing grade crossing signal improvements on the FEC rail line on Martin Luther King, Jr. Blvd.lNE 10th Avenue. G. PROPOSED RESOLUTION NO. R10-006 -- Approve update to the fee schedule used by the Department of Public Works, Engineering Division in issuance of various permits from time to time within the public rights-of-way of the City. H. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. I. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 2, A P.U.D." Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). J. Approve payment of $41,712 to R&S Integrated Products for the annual renewal of the Laserfiche software and scanner hardware maintenance. Motion Commissioner Weiland moved to approve the Consent Agenda as presented. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve mediated settlement agreement in the case of Southeast Drilling Services vs. City of Boynton Beach. Attorney Cherof presented the points of the settlement. It was litigation from deep well work done under contract. There was a mediated settlement agreement for the City to pay a lump sum of $950,000 to Southeast Drilling Services between January 11, 2010 and January 30,2010. The amount includes release of $56,000 previously deducted by the City from amounts due the contractor as liquidated damages. The City would pay the cost of the mediator. Neither party will disparage the other party and Southeast Drilling will not be precluded from bidding on projects in the future. Each party releases the other from any claims and each pays their own attorney fees and court costs. There 7 240f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 was a significant savings realized by the City due to a change in the project. The original claim was for $2.1 million. Approval of the settlement was recommended. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. Commissioner Rodriguez requested data on the amount budgeted for the settlement and the actual settlement to determine the net gain to the budget. Mr. Bressner advised he would provide the information. The motion passed unanimously. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Conduct impasse Hearing and resolve open issues to settle SEIU - White Collar Collective Bargaining Agreement. Attorney Cherof outlined the public hearing process. Both the City and Union representative would have twenty minutes to present their proposals. The public would be given a chance to comment and then the Commission would deliberate and decide the two outstanding issues. Attorney Cherof further explained the public hearing was being held on the two open impasse issues. All other issues had been resolved through negotiations with the exception of "^,Iages and insurance. The Commission's role was to take action in the public interest including the interest of the public employees and the public in general. At the conclusion of the impasse hearing, a written collective bargaining agreement would be created covering all the issues to be returned to the Commission and Union for ratification. The City proposed no wage increase through the term of the agreement being the date of ratification to September 30, 2010. The Union proposed that effective September 30, 2010 all employee receive a 5% market adjustment to their base wage. The current wage freeze results in a $270,000 savings in the 2010 fiscal budget. The Union's proposal would drive up the base wages by 5% for an increase of $324,791 including salaries and associated FICA. The budget did not including funding wage increases for the bargaining unit. Non-bargaining unit employees did not receive an increase either. Attorney Cherof pointed out Police and Fire had ongoing contracts and had agreed to defer salary increases they had negotiated for their members for this fiscal year. Union negotiation status and wages were compared with the other cities in the area. The 8 250f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 trend reflects no COLA increases or merit increases and the wages are comparable to other cities in the area. The PEPIE salary analysis reflected the wages were high in some areas and low in others. The City's proposal relating to insurance was for the employees to pay 25% of the premium cost for health and medical coverage. The Union requests the status quo be continued with the City paying 100% of the employee's premium for health insurance. The current cost of medical insurance per employee is $527 a month. The City's proposal would save the City $213,684. Statistics from the Bureau of Labor Statistics revealed that employees are required to pay some percentage of their health care coverage costs. It was also noted the Consumer Price Index fell 0.4 percent from 2008 to 2009. Attorney Cherof requested the Commission accept the City's proposal to keep the current wage levels with no increase during the term of the contract. He suggested the Commission reject the argument that the White Collar be treated like the Police and Fire Unions receiving wage adjustments on the last day of the fiscal year, Those contracts are continuing until 2010 and 2012 respectively. Attorney Cherof suggested the Commission accept the City's proposal that employees be required to pay 25% of the premium for health insurance. The full increases in premiums could not be absorbed the City's budget in the years to come without the employees accepting a share of the cost. He also requested the Commission reject the proposal of the Union to be allowed to reopen bargaining if the cost for health insurance rises. Carl Booth, Bargaining Coordinator for SEIU,FPSU, (Florida Public Services Union), noted the negotiations went fairly well, but the ratification of the Police and Fire Union contracts to continue with the step increases, upset many of the SEIU members. Over 60% of the white collar bargaining unit lives within the City limits. They are revenue producers and givers within the City. He understood there was an economic crisis and the Union was working to partner with the City. He contended the workers lost some benefits in the last negotiated contract and several concessions have been made with the longevity and other areas. Mr. Booth felt the white collar workers were as important as the Police and Fire and should receive the same type of agreement. He requested the Commission do the right thing for other working folks within the City. Skip Lewis, Senior Code Compliance Officer and Union Steward, asked the Commission to accept the request for a raise on September 30, 2010. The cost of insurance issue was approved in the budget and the rest of City employees were not required to pay 25% of the cost per month. Many benefits were eliminated during the bargaining sessions. The white collar workers wanted to be treated fairly and many lived within the City. He thanked the Commission for the job they do and advised he did appreciate having his job. Mayor Taylor opened the issue for public hearing. 9 260f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Nick Skzrecki, 8003 Red Reef Lane, advised the streets in his development were destroyed by the garbage workers and wanted to know if the contract included provisions to hold employees responsible for damage. Mr. Bressner noted in several western communities there was a trail of hydraulic line leakage from one of the Public Works' vehicles. Commissioner Ross and Mr. Livergood had attended the homeowners' board meeting. Attorney Cherof responded the collective bargaining agreement did include provisions regarding just cause disciplinary action and standards of conduct. There is also a provision for progressive discipline. Attorney Cherof stressed the disciplinary provisions of the contract are not before the Commission at this time. Mike Osborn, 3712 Coelebs Avenue, reminded the Mayor of his statement that he did not want to take away benefits when he was addressing the deferred compensation packages for management. The impasse involves other employees and not management, but the same standard should apply. As Commissioner Rodriguez stated management should set the example. Not all employees were being asked to pay 25% of their health insurance. Many of the employees pay for family coverage of $600 monthly and adding another $130 to $150 would mean employees making $12 to $15 an hour would spend their entire check for health insurance. Mr. Osborn indicated the Unions were looking for the same treatment that was afforded the Police, Fire and management. He stressed that a comparison should be made of what management brought to the table during negotiations and the budget hearings. It should be the same for all employees. Glenn Weixler, 1115 Villa Lane, opined the human element was left out of the City's proposal. As an employee he felt animosity because concessions had not been made by upper management while asking other employees to sacrifice raises for two years. Employees' attitude and efficiency would suffer and retention of quality employees will be an issue. Leslie Yanes, 7910 Piper Lane, Lake Worth, a 911 Communication Specialist, pointed out that statistics can be used to favor any outcome. She felt the cost of living increasies, together with additional health insurance costs, would only penalize the employees and that any increase or additional costs should be assessed on all employees not only a few. Ron McCrief 211 NE 9th Avenue, Delray Beach, a 20-year employee, noted the City had been cutting benefits for many years. The Unions had made concessions many times over the years and the City should give something back to the employees. He urged the Commission to appreciate the work done by the employees. Herb Suss, 1711 Woodfern Drive, stressed, in tough economic times, it would be deplorable to ask the white collar workers, who are also citizens, to pay 25% of medical coverage. 10 270f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Brian Edwards, 629 NE 9th Avenue, viewed the issue as a future negotiation item and to negotiate a change for all employees in better economic times. The 25% is a significant amount for many of the workers who are paid the least. Don Scantlan, 13 Cedar Circle, suggested the best practice was to give a pay raise that would offset the medical insurance payment resulting in a zero cost to the employee. The employees get a pay raise, but recognize their portion of the increase in medical coverage. Mr. Scantlan felt increasing their cost and not giving a pay raise would compound the economic crisis for many. No on else coming forward, Mayor Taylor closed the public hearing. Commissioner Rodriguez noted other negotiations and agreements were made during negotiations and questioned the net cost to the employee of the prior negotiations. Attorney Cherof replied there were concessions by the Union and management as part of the bargaining. One of the objectives of negotiations was to preserve the bargaining unit members' jobs. Commissioner Rodriguez confirmed none of the other bargaining units were paying a portion of their insurance coverage. He explained it was the Commission's responsibility to balance the cost of giving increases and maintaining benefits with the resulting tax increases to provide those benefits. Some type of documentation from the Union would have been helpful. He was open to discussion on the issue. Commissioner Weiland stressed it was a give and take from each party. He could not favor both the wage freeze and the 25% of medical costs. He preferred that all employees agree to the wage freeze for a year to avoid layoffs. Next year's bargaining sessions could include the 25% for medical coverage for all employees. Vice Mayor Hay emphasized any decision would have ramifications. The budget discussions concluded layoffs should be avoided and services should not be reduced. He did not favor both the wage freeze and 25% insurance costs. He hoped a compromise could be reached. Commissioner Ross agreed with Vice Mayor Hay. Mayor Taylor appreciated both sides. He stressed if jobs were lost, the employee would then have no insurance. He also pointed out raises were not given to any employees. Mayor Taylor's position was to maintain the status quo with the insurance and the wage freeze was necessary to retain all the jobs and positions. The issues could be revisited with the spring negotiations. Vice Mayor Hay inquired about the policy of other municipalities. Sharyn Goebelt, Human Resources Director, advised generally employers pay 90% and employees average 10%. If the employees assumed the 25% it would result in a $213,684 savings to the City. The total cost is $844,000 annually for medical, dental and vision. Mr. Bressner added the total cost was included in the budget's base. 11 280f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Motion Mayor Taylor passed the gavel to Vice Mayor Hay and moved to accept the City's proposal to keep the wages at their current level and no increase for fiscal 2009/10 and deny the City's proposal to require the employees to pay 25% of the premium for health insurance and to keep that at the City paying 100%. Commissioner Weiland seconded the motion. The motion passed unanimously. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. B. PROPOSED ORDINANCE NO. 10-001 -- FIRST READING - Casa Del Mar Yacht Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multi- family use to IPUD with a master plan for a marina use. Attorney Cherof read Proposed Ordinance NO.1 0-001 by title only on first reading. Hanna Matras, Senior Planner, reported the property was originally approved for 82 multi-family units. Due to changes in the real estate market, that project was not economically feasible. In addition to rezoning to IPUD with a master plan for marina use, the applicant also requested a conditional use and new site plan with two variances. The zoning would remain IPUD, but a change in the master plan to marina use requires rezoning. The applicant submitted a request for an expedited schedule to accommodate loan requirements. The Land Development Regulations have been changed to correspond to the Comprehensive Plan text amendments incorporating in the IPUD use provisions and development standards for marine-oriented and water dependent users. The Master Plan with the rezoning included 320 dry and 32 wet slips and 75,000 square feet of building area. The project has a one-story boat show room and office, dry boat storage building and a retail store and office and there is a one story boat staging and wash down area. A dock would also be included. Staff reviewed the requests with the criteria of the Land Development Regulations and concluded the request was consistent with the Comprehensive Plan policies with no additional impact on the infrastructure. The project would contribute to the overall economic growth of the City. Staff concluded the height of 66 feet was incompatible with adjoining properties and could have a negative impact on adjoining single-family neighborhoods. The Code currently allows for 45 feet. The concerns would not be offset by the benefit. Staff did not support the proposed change with the height and recommended approval with compliance to the 45 foot maximum height for an IPUD zoning district. Bonnie Miskel, agent for the owner, advised the Planning and Development Board did recommend approval with the proposed height exceeding the 45 feet limit. The only issue with the IPUD zoning application was the height. The dry storage facility, located 12 290f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 in the center of the property, would be 66 feet 1 inch. All other structures were within the 45-feet limitation. Victoria Castello, 406 S. Seacrest Blvd., felt the matter should be tabled until the residents in the area were given more notice. Conrad Merry, 640 Dimick Road, had bought his house 15 years ago in the area zoned to be a residential area and not a six-story building next door. Harry Woodworth, 695 NE 15th Place, alleged the issue had not come before the Planning and Development Board until the Commission had removed every obstacle in the IPUD with the exception of height. He stressed, with the change in height for IPUD, the starting point for height exceptions would be 67 feet rather than 45 feet in all IPUDs within the Community Redevelopment Agency area. Tony Mauro, 2611 lake Drive North, lived in the area of the proposed project since 2003. He applauded the City for designating the area as a marina area. There are currently homes and businesses in varying degrees of repair in the area and some are unsightly. Being creative to find ways to improve the area was commendable. Mr. Mauro felt every area needed an identity and he envisioned the area as a destination place close to the inlet. He contended the project was unique and very upscale. It would provide an incentive for other development in the area. Improvements to lighting and electrical poles would provide additional security to the neighborhood. The alternative of another project could be devastating to the community rather than a positive influence. Commissioner Rodriguez mentioned no one was challenging the quality of the project or increase in the tax base. The challenge was the height of the dry boat storage. Ms. Miskel noted the previous proposal for condominiums would have required a height of 57 feet and the project to the north was approved for 50 feet. She stressed the dry boat storage was in the center of the property with the greatest setbacks from the neighbors. Multiple lines of sight varied in excess of 50 to 150 feet. The owner agreed to put the power lines underground on Dimick Road. large canopy trees would be strategically located to minimize the view of the tall building. On the water would be a three story amenities building and on Federal Highway would be a sales building. A dock and wash-down area would be on the water and further screen the use from the neighbors. The project would more than quadruple the present tax base and create 25 to 35 new jobs. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 10-001. Commissioner Ross seconded the motion. Vote 13 300f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 City Clerk Prainito called the roll. The vote was 5-0. C. Pro-Golf / Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951 SW 14th Place. Request approval for an appeal of an administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self-storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11.0.1.c. Applicant: Michael Weiner, Weiner & Associates, PA (TABLED on December 15, 2009 in order for the applicant to satisfy the prerequisite public notification requirements.) Motion Commissioner Ross moved to remove Item 8.C from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mike Rumpf, Director of Planning and Zoning, reported the appeal was an administrative zoning interpretation as facilitated by the Land Development Regulations (LOR). The appeal would allow individual business operations at Mega Mini Self- Storage. The regulations prohibit individual businesses from operating in storage bays. It was specifically against the application of the regulations based on the project being vested from the regulations. The project was originally approved in 1978 and not limited to storage use at that time, according to appellant. Mr. Rumpf noted the appeal applied to 216 of the total 484 storage units. He reported the records were limited on the original approval and use. Mr. Rumpf reviewed the location of the facility and advised the current zoning was M-1, Industrial. The appellant implies the title, general warehouse and the business tax receipt allows uses in addition to storage according to the M-1 regulations. Mr. Rumpf contended warehouse was synonymous with storage with respect to zoning descriptions and parking requirements. He pointed out the M-1 regulations remain essentially the same as in 1978 when the project was approved. The M-1 zoning uses separate storage uses and is a separate sub-category. In the records all 400 units were described as storage units and subsequent phases were approved for storage uses. Various excerpts from previous minutes were read that limited the use to storage as mini-warehouses. The project did include large bays for the purpose of local businesses to store materials that vary in size and include office space in conjunction with a storage area. There were references to parking for dead storage. The Building Code requirements satisfied at that time were for storage. Phases added in 1985 and 1986 were referred to as warehouse building additions and specialized dead storage. The site plan shows a parking ratio of 1 :800 which is a storage parking ratio. Mr. Rumpf stressed the project was built as a storage project. There was limited parking designed at the bays. Active business uses require parking near the bays and citations 14 31 of 375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 were issued for vehicles blocking isles and bays. The original permit record identified the project as storage and warehouse The project does not meet minimum Code requirements for occupancy other than storage with minimal ventilation, facilities and separation walls. The fact that each bay has an electrical meter was not proof of an active business occupancy, The records also reflected the man-doors were for offices in connection with storage uses. (Commissioner Rodriguez left the dais at 8:47 p.m.) Mr. Rumpf admitted, over the years, various businesses had been licensed and limited to a storage-type use, but no manufacturing or industrial uses. There may have been errors made in licensing, especially if the applications were not clear on the intended use. Those errors should not be a criteria for future uses. Mr. Rumpf had also researched the property tax records and found Mega Mini was described as a storage use. There would be a difference in assessments and valuations between storage use and income producing business occupancy. He also noted prior denials of license requests had not been appealed. The records indicated that in 1992 a large parking area was approved for outdoor storage. The determination of use should be based on the evaluation of the building codes, fire ratings in various parts of the building, type of structure, zoning and site plan of the specific facility. (Commissioner Rodriguez returned to the dais at 8:51 p.m.) (Commissioner Ross left the dais at 8:52 p.rn.) Applications have been withdrawn or operating tenants vacated the premises when license applications have been denied. Applications have contained generic leases with Mega Mini and they specifically state storage use only. If approved, life/safety matters and Building Code precedents could affect the many older self-storage businesses within the City, looking to capitalize on the outcome of this determination. Code Compliance only had access to a few of the bays and the violations going undetected could be significant and relate to unsafe conditions. Licensed businesses would be inspected regularly and known violations could be identified. There are over 600 bays within the City. Structural and electrical violations exist in many bays that were unpermitted. The recommendation was to deny the appeal in spite of the fact the Commission supported local businesses. If the appeal were granted, Mr. Rumpf asked staff be given direction to review the LOR to be modified to accommodate such uses and satisfy applicable Building Codes. The property owner views improvements to comply with Codes as being financially not feasible. Michael Weiner, agent for the applicant, introduced Bob Gaudio, 301 Isle of Capri Drive, Ft. Lauderdale who is the present manager of the property. Mr. Gaudio indicated there were over forty meters installed for individual bays during the original construction of the first phase. The units are 600 to 1080 square feet in size and the Code indicates a storage bay cannot exceed 450 square feet. There was no economic reason in 1978, 15 320f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 1990 and 2010 to provide separately meter units with 110 and 220 electrical power. Mr. Gaudio recalled that in 1978 self storage was not an industry. At the time, financing required a dual purpose property. The property has been in existence for over 30 years with only one safety related issue having occurred. He contended the property had always been a multi-purpose property. He corrected the name of the property to be Mega Mini Storage and Small Business Industrial Park. The name and signage had been approved following Hurricane Wilma. Mr. Weiner added the facility had 19 offices. Glenn Freet, 3184 SE 1ih Street, Pompano Beach, has been involved with the property as a partner and now general partner for the past thirty years. He stressed the property had always been a multi-use business property with storage. Olivia Knight, 14783 Wood lodge Lane, Delray Beach, had been employed by Mega Mini for seven years and has seen numerous businesses working out of bays and very busy. The Boynton Mall was the only tenant who exclusively used it as storage. Most units were rented for businesses and inspected by the City. Due to action on the part of the City, many tenants moved their businesses or lost their businesses completely starting two years ago. Mr. Weiner appreciated staff's concerns and agreed with staff that two-thirds of the property was dedicated to self storage. However, 216 larger units were available for all M-1 uses. He reviewed the expansion of the property over the years and noted in 1986 the Code did not contain Section 11.0.1.c being the self storage ordinance. The property has continuously been zoned M-1 with many permitted uses. He pointed out the uses of storage, distribution and wholesale uses were grouped together and contended storage or warehouse, under the Code, did not equal self storage or mini warehouse. The current uses were all permitted uses in M-1 zoning since 1974. Mr. Weiner stressed the parking requirements in the self storage ordinance in 1986 sets parking requirements based on 200 bays per one space or 75 storage bays for one space. Using the most liberal standard, the facility would only need eight parking spaces. He emphasized the project was completely built before the self storage ordinance in 1986 was enacted. The 1978 minutes do reflect that over 100 parking spaces would be required, a far greater number than required for self storage. The minutes do not contain a condition of approval limiting the use to self storage. It was conceded that the 19,000 square foot addition was self storage. The request was for only one-third of the bays to remain available for general M-1 permitted uses and two-thirds for self storage. There is sufficient parking for warehouse uses and M-1 uses based on square footage. In 1992 there was a request for amendment for outdoor storage and the parking was approved to 200 spaces. Mr. Weiner added that $2 million had been spent for repairs after Hurricane Wilma. In 2006, the City began denying Certificates of Occupancy and Business Tax Receipts. 16 330f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Mr. Weiner alleged there were three legal reasons that the applicant should prevail. First, the uses are permitted uses, special conditions were never applied and the applicant was properly grandfathered in and would not need to comply with later ordinances. Secondly, the theory of latches would apply when someone sits on one's rights to the detriment of another party's rights. For 30 years the property operated with operating businesses within the bays and any use restrictions were not enforced until 2009. Forty licenses were issued in 10 years. The third reason was the Statute of Limitations based on the operation of the business for several decades with multi- purpose uses. There was no action by the City for 21 years and it was not limited to a single use during that time. Mr. Weiner further argued that the application of zoning regulations to restrict an existing use of property resulting in diminishing the value of a property would constitute a taking by a governmental agency requiring the payment of compensation. The owners have been paying taxes based on the use code of 480, warehouse distribution terminal. He urged the Commission to allow 216 units to be used for M-1 uses and remaining units continue as self storage. Mayor Taylor opened the issue for public hearing. Victoria Castello, 406 S. Seacrest Boulevard, advised she was on the Planning and Zoning Board and assisted in writing the Master Plan many years ago, The Board did care a lot about the City. She stressed the importance of keeping complete records. Herb Suss, 1711 Woodfern Drive, offered his opinion that the units pictured appeared to be unsafe. He cautioned against the storage of fertilizer and suggested the units should be inspected on a more regular basis. He opined manufacturing uses should not be allowed. Nick Skzrecki, 8003 Red Reef Lane, a tenant at the facility, indicated the entire area is industrial and light manufacturing should be allowed. It was built under different codes. He suggested the City should be generating money from licenses and taxes for the City. Improvements to the facility have been made, but the current issue has made further improvements impossible. The park is hidden from view and if left vacant would attract vandalism and squatters. It did offer an opportunity for small businesses to start in a small space and hopefully expand. John Behan, 8243 White Rock Circle, had investigated opening a small business at the facility and was aware of the ongoing dispute. He remarked the Commission should be helping to create jobs and not deny others the opportunity to create jobs. He agreed the facility should be grandfathered and small businesses should be allowed at the site. Mayor Taylor noted he had moved next door to the site in 1980 and has not heard a single complaint regarding the park. The park was surrounded by awall and nicely landscaped. He had recently visited the entire site and did not see any problems. 17 340f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Licenses have been issued, fire inspections have been done and it has been ongoing for 30 years. Mayor Taylor agreed the site should be grandfathered in and the Code issues should be addressed. Commissioner Ross disclosed she had met with the applicant and his attorney previously. She could not negatively impact the small businesses and noted it did not have safety issues. Many highly successful businesses had started at the ground level in this type of space. Commissioner Rodriguez indicated both sides had presented valid arguments. He stressed the Commission did want to support small businesses. There were safety issues that needed to be mitigated. There would be the opportunity for revenue from business licenses if the 216 bays were operating as businesses. Attorney Cheraf cautioned the appeal was based on the specific decision to not allow the business operations of Pro Golf/Mega Mini in the M-1 industrial district. Other conditions could not be added. The other issues would be administrative decisions to be addressed after the appeal issue was resolved. Commissioner Rodriguez wanted assurances that the other issues that were present would be addressed and Vice Mayor Hay agreed. Commissioner Weiland added the facility was his neighbor also and he did not want to jeopardize anyone's livelihood or quality of life. He divulged he has met with the applicant and his attorney. They agreed to correct any issues to ensure the facility is safe. Attorney Cherof clarified if the appeal was granted, how each application submitted thereafter is handled would be another matter. The only issue for decision at this time was the Pro Golf/Mega Mini appeal. Mr. Weiner indicated the appeal was based on a letter from Mr. Rumpf explaining the application of one tenant could be refused based on the theory the entire complex was self storage. Granting the appeal would set a precedent for future applications relating to the 216 bays and M-1 uses. Commissioner Weiland revealed from 1982 through 1986 he ran a business out of the establishment along with plumbers, carpenters, cabinet makers, lawn maintenance, and electricians. He had a phone and electric at the site. The operation has been ongoing since 1979. Commissioner Weiland wanted to be business friendly and make sure it was safe for the community. He trusted any Code violations would be investigated. Motion Commissioner Weiland moved to grant the appeal in favor of the applicant. Commissioner Ross seconded the motion. 18 35 of 375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Vice Mayor Hay questioned what leverage the Commission had to ensure any violations were corrected, Mayor Taylor responded Code Enforcement would intervene. Mr. Bressner explained staff's concern was issuing a business license for a business that is not allowed in the particular zoning district. If approved the businesses granted licenses would be subject to the regulations including basic life safety issues and inspections for basic compliance. Units not properly maintained could put inspecting staff at risk. The motion passed unanimously. (Meeting recessed at 9:59 p.rn.) (Meeting reconvened at 10:07 p.rn.) Mayor Taylor announced Commissioner Ross had to leave the meeting and had requested the tabling of three items, 9.F and 12.A and 12.B. The applicant agreed. Motion Commissioner itVeiland moved to table item 9.F. The motion passed unanirnously. Motion Commissioner Weiland moved to table Items 12.A and 12.8. The motion passed unanimously. 9. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-007 -- (a) Approve and authorize execution of a Contract for "OCEANFRONT PARK BOARDWALK REPLACEMENT" Bid # 002-2730-10/CJD with: PALM BEACH MARINE CONSTRUCTION INC. of West Palm Beach, Florida, in the amount of: $1,281,262 plus a 10% contingency of $128,126 for a total expenditure of: $1,409,388 and (b) Waive a minor technicality in the bid submission. Commissioner Weiland noted there was a difference of approximately $900,000 between the amount budgeted and contract price. Mr. Bressner replied there would be a savings; however, the funding was from impact fees. Commissioner Weiland understood the monies could not be transferred to the General Fund and used for salary increases, but he was impressed with the savings being realized. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Accept the City of Boynton Beach FY2008/2009 Annual Grants Report. 19 360f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Motion Commissioner Weiland moved to accept Item 9.B. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures as of November 30,2009. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. Commissioner Rodriguez inquired if there were any areas of concern. Barry Atwood, Finance Director, replied for the first two months, the City was doing reasonably well. It was difficult to project future gains or losses. Trends were monitored. Mr. Bressner predicted there would be another 15% in property value reductions while 12% was budgeted. The motion passed unanimously. D. Review property notification language and procedures for CRA Brownfield program. Mr. Bressner advised there were only 116 parcels and certified mailings would not be difficult including the opt in and opt out notification and forms. City staff would receive the responses and provide the information to the CRA staff. Attorney Cherof indicated a response would only be required for those wishing to opt out of the designation. Ms. LaVerriere noted a card would be sent to those responding acknowledging receipt of the form. Commissioner Rodriguez established the City would be maintaining the brownfield designations and nothing would be recorded in the County records. Mr. Bressner noted a basic fact sheet would be included in the mailing, plus a Q & A insert. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. E. PROPOSED RESOLUTON NO. R10-008 -- Award a contract for Bid #004- 2821-10/JA, "Regional Force Main Jack & Bore Project" to Johnson-Davis, Inc. (J-D) of Lantana, Florida with a bid price of $1,021,270, also approve an owner's contingency of 10% in the amount of $102,127 for a total project funding authorization of$1,123,397. Motion 20 37 of 375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. F. Review of Renovation Plan for Historic Boynton Beach High School submitted to the City Commission on December 15, 2009. (This item was tabled.) G. Reject the nine (9) highest bids the City received in response to the Invitation to Bidders. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. PROPOSED RESOLUTiON NO. R10-009 -- Award a contract for Bid #005- 2821-10/JA "Regional Force Main Project" to Danella Utility Construction, Inc. of Pompano Beach, Florida with a Bid price of $4,209,900, and to also approve an owner's contingency of 10% in the amount of $420,990 for a total funding authorization of $4,630,890. Motion Commissioner Rodriguez moved to approve Resolution R10-009. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to January 2010). Motion Commissioner Rodriguez moved to remove Item 10.A from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Commissioner Rodriguez moved to table the matter to after the election. Vice Mayor Hay seconded the motion. The motion passed unanimously. 21 38 of 375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5,2010 11. NEW BUSINESS None 12. LEGAL A. PROPOSED ORDINANCE NO. 09-044 -- SECOND READING -- IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09-008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent section to promote water access and recreational opportunities with accommodation of uses including marine-oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant:: City-initiated. (Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09- 044 which was adopted on second reading at the December 1, 2009 Commission Meeting was approved by the Commission on December 15, 2009.) (This item was tabled) B. PROPOSED ORDINANCE NO. 09-048 -- SECOND READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09-044. (This item was tabled) C. PROPOSED ORDINANCE NO. 10-002 -- FIRST READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. Attorney Cherof read Proposed Ordinance NO.1 0-002 by title only on first reading. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 10-002. Vice Mayor Hay seconded the motion. 22 390f375 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Vote City Clerk Prainito called the roll. The vote was 4-0. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 10: 18 p.m. CITY OF BOYNTON BEACH Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner ATTEST: Marlene Ross, Commissioner Janet M. Prainito, CMC City Clerk Judith A. Pyle, CMC Deputy City Clerk 23 400f375 6. B CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-014 -Approve Piggy-backing of a contract between the City of Lake Wales and the ISI Water Company (a.k.a. Water Company of America) for Utility Revenue Enhancement Services. EXPLANATION OF REQUEST: The Water Company of America provides a revenue enhancement program, on a contingent fee basis, which consists of reviewing utility billing and operational information for the purpose of locating potential unbilled revenue. This lost revenue may occur in the form of unbilled accounts, or accounts not billed for all provided services; account coding errors; by-passed or malfunctioning meters; use of improper rates, or inaccuracies in property impervious area measurements, as examples. The City of Lake Wales contract was issued in response to a Request for Proposals (RFP) by the City, and a response by Water Company of America (WCA) for similar work performed in that City. This RFP outlines the type of services sought by the City, with the purpose of identifying sources of un-billed revenue. As part of their review, WCA will analyze the City's billing records and database, and then investigate potential errors. Any claimed errors will be reviewed by the City's staff, and if found to be valid, the City will correct the error. In turn, the City and WCA will monitor the account for a period of three years, and 50% of the increased revenue attributed to WCA's findings will be paid to WCA, but only upon the receipt of the increased revenue for those accounts included in approved claims. This process is presented in much greater detail in the proposal and in the contract. Based upon the review by the Utilities and Procurement staff, this proposal has complied with public contract bid requirements equal to or exceeding Boynton Beach's requirements. 410f375 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This contract has the potential for increasing Utility revenues over the near-term (36 months) in the amount of 50% of the approved claims that result in actual increased revenues. The City will retain 100% of the increased revenues following the initial 36 month period. FISCAL IMPACT: Staff is unable to estimate the amount of annual increased revenue that WCA will potentially identify as many factors are involved. However, based on Florida cities with a similar number of accounts, WCA has identified annual increased revenues ranging from $9,300 (Lakeland) to $1,400,000 (Hollywood). However, the City will not incur any "up-front" costs for this service. At this time, the total payment to WCA cannot be ascertained; but by the contract, only 50% of those documented and approved claims will be paid to WCA once the actual increased revenues are received. AL TERNA TIVES: . Conduct an independent review of the City's billing database, on a flat-fee basis, or on a "not-to-exceed" cost basis with no guarantee of additional revenues. . Hire additional staff for the purpose of performing ongoing audits of the system. . Take no further action. 420f375 RESOLUTION NO. RI0-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY-BACK" OF A CITY OF LAKE WALES CONTRACT #09-183 WITH ISI WATER COMPANY FOR UTILITY REVENUE ENHANCEMENT SERVICES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Lake Wales has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" a City of Lake Wales Contract #09-183 and authorizes the Mayor and City Clerk to sign a Contract with ISI Water Company for Utility Revenue Enhancement Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the "piggy-back" of a City of Lake Wales Contract #09-183 and authorizes the Mayor and City Clerk to sign a Contract with ISI Water Company, for Utility Revenue Enhancement Services, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay 430f375 Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 440f375 CONTRACT FOR WELL REHABILIT AnON SERVICES This Agreement is made as of this _ day of , 2010 by and between ISI WATER COMPANY (a.k.a Water Company of America), a Foreign Corporation, with offices at 2200 Winter Springs Blvd., Ste. 106 #320, Oviedo, Florida 32765 ("ISI"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, The Water Company of America provides a revenue enhancement program, on a contingent fee basis, which consists of reviewing utility billing and operational information for the purpose of locating potential unbilled revenue; and WHEREAS, the City of Lake Wales contract was issued in response to a Request for Proposals by the City and a response by Water Company of America for similar work performed in that City; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. Agreement. The foregoing recitals are true and correct and are hereby incorporated in this Section 2. The City and ISI, agree that ISI shall provide Utility Revenue Enhancement Services on a contingent fee basis which consists of reviewing utility billing and operational information for the purpose of locating potential unbilled revenue based on City of Lake Wales contract #09-183, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of Lake Wales shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010/ Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 450f375 Section 3. In the event that the City of Lake Wales Contract is amended, or terminated, ISI shall notify the City within ten (10) days. In the event the City of Lake Wales Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The ISI agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Lake Wales Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney ISI WATER COMPANY WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY 460f375 EXHIBIT A AGREEMENT BETWEEN CITY OF LAKE WALES AND ISI W ATER COMPANY 470f375 Cut along border and affix this label to your sealed bid envelope to identify it as a "Sealed Bid". Be sure to include the name of the company submitting the bid where requested. SEALED PROPOSAL - DO NOT OPEN SEALED PROPOSAL NO: 09-183 BTDTTTLE:UTILITY REVENUE ENHANCEMENT SERVICES DUE DATE/TIME: SEPTEMBER 25, 2009 2:00 PM DELIVER TO: PURCHASING DEPART1\'IENT CITY OF LAKE WALES 201 W CENTRAL AVE. LAKE WALES, FL 33853 Please Note: From time to time, addenda may be issued to this bid. Any such addenda \'>111 be posted on the same Website, www.dtHJflakewales.com. from which you obtained this bid. Before submitting your bid/proposal, you should eheek our Website to download any addenda that may have been issued. Please remember to sign and return addendum acknowledgement form with completed bid package if applicable 480f375 CITY OF LAKE WALES, FL #09-183 REQUEST FOR PROPOSAL FOR UTILITY REVENUE ENHANCEMENT SERViCES 201 Central Avenue West, Lake Wales, Florida 33853 P.O. Box 1320, Lake Wales, Florida 33859-1320 SUBMISSIONS ARE DUE NO LATER THAN FRlDAY, SEPTEMBER 25, 2009 AT 2:00 PM THE RESPONSIBILITY FOR SUBtvlITTING A RESPONSE TO THrS PROPOSAL AT THE OFFICE OF THE PURCHASING MANAGER ON OR BEFORE THE STATED TIME AND DATE WILL BE SOLELY AND STRICTL Y THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAL'SED BY THE UNITED STATES POSTAL SERVICE OR CAUSED BY ANY OTHER OCCURANCE. A LATE SUBMISSION OF THIS PROPOSAL WILL NOT BE CONSIDERED. 2 490f375 WATER, W ASTEW A TER & SOLID WASTE REVErqm ENHANCEMENT SERVICES L PURPOSE The City of Lake Wales, FL. hereinafter referred to as the City, seeks proposals in response to this Request for Proposals (RFP) from firms specializing in the analysis and correction of water, wastewater and solid waste system underbillings and misbillings, with the intent of increasing revenue for the City. II. SCOPE OF PROJECT A. TITLE OF PROJECT - Utility Revenue Enhancement Sen'ices. B. OBJECTIVE - The proposer, in conjunction with the Customer Service Staff and Water/Wastewater Field Operations (hereinafter "City Staff"), will examine ,ertain utility billing and metering functions to identifY causes of, and r<::medies for, inaccuracies in water and wastewater billings, meter reading ami associated water metering. The proposer will provide the software to analyze raw unjoincd account data provided by the City; at no time will the City be responsible for providing data manipulation of any sort. The proposer will provide experienced multidiscipline field personnel capable of evaluating all aspects of utility usage and identifying variances with the account record. The City is seeking performance fee based proposals. Specifically, the proposer will identifY opportunities for revenue recovery/enhancement through the correction of problems associated with such inaccuracies. The following areas are to be addressed: I. BILLING SYSTEM DEFIClF.l\CIFS AND UNBILLED SERVICES - Billing system deficiencies are defined as any factor adversely affecting total collected revenue by the City on an account. Examples ofthese factors are: misapplication of the City rate structure billing system accuracy unknown connections account coding errors chronic meter reading errors 2. l)'\IMETERED FIRE UNES - Fire protection systems are to be used within the guidelines of City Ordinance. Fire lines that are used for any unauthorized non- emergency service represent lost revenues to the City. The proposer will be required to have the requisite experience to determine if any unauthorized use of existing fire lines is occurring. The proposer, in conjunction with the City Staff, wiII develop and implement a program to correct all identified deficiencies and to limit reoccurrence of revenue loss related to fire lines. 3. METERING - The City routinely conducts lesling and repairs of meters with in its system. It is anticipated that dcspite the utility's diligence, additional field investigation may result in the discovery of potentially problematic situations. The proposer will he provided billing and consumption history related to known utility consumers so that the proposer may review and research these consumers to verifY correct billings. The proposer will provide the requisite manpower, portable Transit Time Flow Meter, hand tools, vehicle and equipment to identifY problematic conditions in the field. 4. SERVICE THEFT - Theft of service includes illegal connections made to the utility's water distribution and wastewater collection systems and on open meter bypasses in the system. An illegal connection, for example, could consist of a straight pipe connection rather than a metered connection. Locations of an authorized meters and connections will be provided to the successful proposer. To facilitate detection of unauthorized meter bypass use, the Wilily will provide information related to those accounts which are "locked", and their associated addresses. C. SYSTEM CONCEPT ANO SOLUTIO:" - Define in detail your understanding of the issues presented in section B., and your recommended means of addressing them. In addition, provide any other facts or alternative infol1nation you deem necessary to evaluate your proposal. Responses to the fonowing questions must be answered in order for your submission TO be deemed responsive. I. What is the relcvancc ofthc Utility's historical data to this project. 3 500f375 2. What is your plan to accomplish the stated project objective. 3. Descrihe within your program the criteria to evaluate City billing policy as it relates to the end users ofwatcr and wastewater service of the City. 4. Describe in detail the methodologies and procedures for documentation of revenue recovery attributable to the proposer's actions. 5. How will your program impact the allocation of City Staff time. 6. What equipment or facilities will you require from the City. 7. How long after the award of a contract will you require for mobilization. lll. RESPONSE FORMAT - In order to be considered responsive, the proposer shall organize the response in the following manner: A. TECHNICAL PROPOSAL RESPONSE FORMAT ]. Transrnil1al ktter - This letter shall be no longer than one page in length, addressed to the Director, and signed by the representative of the proposer authorized to represent the firm contractually. 2. Table of Contents - A table of contents should follow the transmiual, should list all titles, sections, and major subsections. All pages of the Proposal should be sequentially numbered. 3. Executive Summary - This shall be of three pages or less, and shall provide a summation of the Proposal iu succinct terms. 4. Business Organization and Project Management Structure - State the full name and address of your organi7,ation and identify the parent company if you are a subsidiary or division of a larger organization. Specif)' the branch office or other subordinate element that will perform or assist in pertorming the necessary work. Indicate whether you operate as a partnership, corporation or individual. Provide a general explanation and chart which specifies project leadership, reporting responsibilities and how the proposer will interface with City Staff. 5. Prior Experience - The City requires the proposer to have successfully engaged in a minimum of three (3) projects of this nature within the last ten years. Respondents shali submit reference information (name, telephone number and address) related to each projecl. Only projccts equivalent to that contemplated by the City in this RFP shall bc listed. 6. P~rsonnel - IdentifY all key personnel who will be involved in the proje~t, and includc resumes. List only those persons who will be directly involved. 7. Implementation Plan - Define in detail your understanding of the System Concept and Solution as described in this RFP. Include your work program, hy ta,k, as well as any related charts, diagrams, etc. helpful in under..tanding the proposed operational methodology. 8. Authorized Negotiator - Include the name and title of the individual within the company who ;s authori~ed to negotiate contract terms and render binding decisions of contract matters. R PRICE PROPOSAL RESPONSE FORMAT - Detail your proposal for compensation for the work to be performed by completing the attached price proposal included in this RFP. Compensation will be based on a specified percentage of documented future and retroactive revenue recovery resulting from the project. The Price Proposal is a presentation of the Proposer's total offering price which is to include all costs for providing each component of the required goods or services. The Propost:r is rt:sponsible for all direct and indirect costs associated with the performanct: of lht: work necessitated under this RFP, except for service and meter installations and rcplacements, which shall be performed by the City. Proposers mll5t utilize the format attached hereto entitled "Price Proposal". IV. PROPOSAL EV ALVA nON - This procurement will comply with the applicable City policies. A. This evaluation will include all pertinent matters contained within this RFP. Award of a contract may be made without discussions with firms after Proposals arc received. The City reserves the right to accept or reject any recommendations madc and/or solutions proposed, or reject all Proposals and to resolicit for Proposals in such an event. Proposals should therefore be submitted on the mOst favorable terms. 4 510f375 B. The City intends to receive, review, and evaluate Proposals according to the general procedures as outlined in this RFP. The evaluation will determine if proposer has met the criteria of the RFP to be considered as "qualified to perform the work". The items to be considered are not limited to, but include the following: 1. System Concept and Solution Proposed - The grasp of the issues and their solutions, responsiveness to terms and conditions, completeness and thoroughness of the technical data and documentation.(25%) 2. Demonstrated Applicable Experience - This will include documentation of successful revenue recovery in three or more previous engagements and also include total years performing this service.(25%) 3. Personnel Qualifications.(25%) 4. Evidence of good organization, management practices and cost.(25'Yo) V. PROPOSAL SUBMISSION PROCEDURE - An unbound one-sided, 8112 x 11" original and three (3) copies (a total of 4) of the complete proposal response must be received by Friday, September 25, 2009 at 2:00 PM. A. Proposals wiIl be opened at the City of Lakc Waks, Purchasing Department by the Purchasing Manager in conjunction with the Finance Director. B. The original and all copies must be submitted in a sealed envelope or container stating on the outside; proposer's name, address, telephone nllmber, due date, due time, the RFP title (Ana~vsis of Unbilled Water and Wastewater Usage) and the identifYing RFP number. C. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for insuring that the required address information appears on the outer container used by such service D. The proposal must be signed by an oUicer ofthe company, who is legally authorized to enter into a contractual relationship in the name of the proposer. The submission of a proposal by a proposer \vill be considered by the City as constituting an offer by the Proposer LO per form the required services at the stated fees. E. Any Proposal received afler the RFP closing datc will be considered non-responsive and will not be considered. V!. SELECTION PROCEDURE - All proposals will be subject to the following: A. Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. 1\ responsive proposal is one which follows the requiremcnts ofthc RFP, includes all required documentation, is submitted in the form outlined in the RFP, is of timely submission. and has the appropriate signatures required. Failure to comply with these requirements may deem your propmal non-responsive. B. The Finance Director will appoint an Evaluation Committee who will be responsible fur reviewing and evaluating the proposals. C. Upon completion of the proposal evaluation, the Committee may choose to conduct oral presentation(s), from any proposer warranting further consideration. D. Upon completion ofrhe Evaluation Committee, a recommendation shall be presented to the City Commission based on the proposals received. E. A WARD OF CONTRACT - The City shall award a contract to the Proposer who offers the best overall plan for the City, factoring in technical ability and the most favorable plan for the City Lo share increase revenue. VII. ADDIT10NAL REOUIREMENTS 1\. CONTACT PERSON - The conlact person for this RFP is (Bonnie Hodge, Purchasing Manager, 201 Central Avenue, PO Box 1320, LHk~s WHI~s, FL 33859, (863) 678-4182 exi. 264, hh"d~'ec(;.citvonake\Vale".GOm). Any requests for additional information or clarification regHrding this RFP should be addressed to the contact person in writing or by c-mail. Furthermore, proposers are advised that from the date of the release of this R FP until award of the contract. NO contact with City personnel related to this RFP is pennitted, except as authorized by the contact person. Any such unauthorized contact shall not be used as a basis for responding to this RFP and also may result in the disqualification ofthe proposer's submittal. 5 520f375 B. A II persons and finns wishing to submit bids mnst obtain a complete copy of the Request for Proposal document, and submit a City of Lake Wales Vendor Application and W.9 and a current Public Entity Crimes Statement with their response. Access emr website, www.citvoflakcwaies.com. go to Departments, Purcbasing and Fonns and Documents or contact Bonnie Hodge, Purchasing Agent, (863) 676.4182, extension 264, to obtain these items. There is no charge for the Request for Proposal document or for submitting proposals. Responses may be hand delivered, mailed or delivered via courier service to the following address. Faxed or e-mailed responses will not be accepted. DELIVER Y ADDRl:iSS City of Lake Wales City Manager's Office Attn: Bonnie Hodge, Purchasing Agent 201 Central Ave. W. Lake Wales, FL 33853 MAIUKG ADDRESS City of Lake Wales City Manager's Office Ann: Bonnie Hodge, Purchasing Agent P.O. Box 1320 Lake Wales, FI. 33859.1320 C. INSURANCE. Before starting and until termination of work for, or on behalf of, the City of Lake Wales, the Proposer shall procure and maintain insurance of the types and to the limits specified in Appendix A. D. CONTRACT INCORPORATION. Respondent should be aware that the contents of the successful Proposal will become a part of the subsequent contractual documents. Failure of the respondent to accept this obligation may result in the cancellation of any award. I:i. FAILURE TO COl'vIPLY - Failure to comply with the Proposal Response Fonnat detailed in this RFP may result in the respondent's proposal being rejected as non-responsive. F. PROPOSAL ACCEPTANCE PERIOD. All Proposals must include a statement that they are vaHd for a minimum p\:riOlI ofnindy (90) days subsequent to the RFP closing date. G. COST INCURRED IN RESPONDING - All costs directly or indirectly related to the response by a proposer to this RrP shall be the sole responsibility of and shall be borne by the respondent. 6 530f375 IJTJI.JTY REVENLE El\-HANCEMENT SERVICES FOR THE CITY OF LAKE WALES #09-183 PRICE PROPOSAL For any work performed by the proposer which results in increased revenue [or the City of Lake Wales in accordance with the provisions of the RFP, the proposer shall be paitl_ percent of all increase revenue for a term ofthirty-six (36) months thereafter. For the purpose o[ this RFP, increased revenue shall mean the difference between the amount of monthly income received by the City on an account subsequent to and prior to corrective action being taken on all unbilled or mishilled water and wastewater services provided by the City, including retroactive collections made as a result of work by the proposer. The proposer is responsible for all direct and indirect costs aswciated with the performance of the work necessitated under this RFP, except fnr service and meter installations, replacements, and repairs, which shall be performed by the City. WITNESSETH: (signature) (signature) (print name) (print /lame) ATTEST: [firm name) (signature) (date) (print name) 7 540f375 f! PP~dix A PUB!.l': RiSK MANAOllM2NT 01' FLORIDA INSURANCE GUIDE f . MINOR CONTRACTS FOR SERVICE STANDARD INSURANCE lJ\NGUAGE TO BE UTILIZED IN CONTRACTS MEETING "GUiDE j" SPECIFICATIONS SPECIFICATIONS; Project will not exceed 30 calendar days Project cost will not exceed $50,000 No unusual or high hazards present WORKERS' COMPENSATION: Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Uabillty with a limit of $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease. COMMERCIAL GEN(;'RAL LlABtUTY - OCCURRENCe FORM REQUIRED: (ContractorNendor) shall maintain commercial general liability (CGL) insurance with a limit of not less than S300,OOO each occurrence. If such eGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $600,000. CGL insurance shall be written on an occurrence form and shaH include bodily injury and property damage Jiabiflty for premises, operations, independent contractors. products and completed oj)erations, contractual liability, broad form property damage and property damage resulting from explosion; coHapse or underground (x, C, u) $XpO$Ur&s,personal injury and advertising injury. Fire damage !lability shall be included at $100,000. COMMERCIAL AUTOMOBILE LIABILITY iNSURANCE: (ContractorNendor) shall maintain automobile liability insurance with a limit of not less than $300,000 eacl1 accident for bodily injwy and property damage liability. Such insurance shall cover liability arising out of any auto (Including owned, hired and non- owned autos.) The policy sha!! be endorsed to provide contrac:l.ualliabllity coverage. .!;YlDENCE OF INSURANCE,;, The (ContractorNendor) shall furnish the (Entity) withCel1ificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bInd coverage on its behalf. Tne (Entity) is to be specifically included as an additional insured on air policles except Workers' Compensation. In the event the insurance coverage expires prlor to the completion of the project, a renewal certificate shall be issued 3D-days prior to said expiration date. The policy shall provide a 30-day notification clause In the event of cancellation or modification to the policy. All certificates of Insurance must be on file with and approved by the (Entity) before the commencemel1t of any work activities. kv.3/02 133 550f375 " -----~ - -- I.. :""'~ ~: t, :.. 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J"=L".__~-:.~._-...-_ - ....._:.=.A;-._..._._ _ ._"._.. -..:.-:&.1-.._.. __. ___"i:. _.....~_ -_-r:!: -,JJ;:r-''7 ...... " '; I' ~ z ,. .~.'~ '{I>;."f' ~_'i', ""';r.'! ...t.~ I;~~. ,,...,..~ "= ~ .'-' "!I.' t:'(i :~ ~ ~ ~ '~'~ . . . ~-~-'~- ~~ ~ 1060f375 6. C CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO R10-015 -Authorize application for a grant in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, for the 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees and palms in Pence Park and in the medians on S.W. 4th Street. EXPLANATION OF REQUEST: The Florida Department of Agriculture and Consumer Services Division of Forestry is offering a federal stimulus grant program through the American Recovery and Reinvestment Act (ARRA) titled the Florida Forest Health Initiative. The goal of the program is to improve the overall health of community forests by providing grants to local governments for tree planting projects on city owned lands. Individual grant awards can be as much as $24,000 with no matching requirement. The deadline for the application is February 12, 2010. The City is proposing to apply for funding for the installation of trees and palms in the medians on 4th Street and Pence Park. The project will help boost the tree canopy in the City and maintain the City's Tree City USA designation. The project will also provide replacement trees and palms for the trees that were removed in Pence Park due to the utility work on 4th Street. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will increase the tree canopy of the City and will require minimal maintenance. The trees and palms will be irrigated with re- use water. FISCAL IMPACT: The grant application requests funding in the amount up to $24,000. No matching funds from the City will be required. Maintenance costs at Pence Park will be negligible. Maintenance costs for 4th Street will also be minor and will be the responsibility of the CRA. ALTERNATIVES: Not to apply for the grant. 1070f375 VBS - Advertisement Detail ~'~ Navigation , VBS Home VBS Search ~ Page I of3 Advertisement Detail Department of Agriculture Request for Proposal 2009-2011 FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM Advertisement Number: RFP DF 09 1047 Version Number: 000 Advertisement Begin DatelTime: 12/07/2009 - 02:00 P.M. Commodity Code(s): 991-070-000-0000 Descriplion(s): Investments in reforestation will stimulate increased economic activity in the nursery, landscaping, and transportation sectors of the economy, Arborists and tree workers will benefit from funds that are made available for tree maintenance practices such as pruning and site amelioration, Communities all over Florida will benefit ecologically from the increase in canopy cover and improved health and vigor of existing trees. Projects will contribute to improved water and air quality, improved community aesthetics, and increased employment opportunities for the green industry, The Florida Division of Forestry will utilize 2009 American Recovery and Reinvestment Act (ARRA) funding from the US Forest SelVice to conduct a competitive grant process inviting eligible participants to apply for funding to reforest public rights-of-ways, parks, public schools, and other natural areas, as well as provide opportunities for tree remediation work which include http://vbs.dms.state.fl.us/vbs/ad. view _ad?advertisemenckey _num=83788 112012010 1080f375 VBS - Advertisement Detail corrective tree pruning, hazard tree removal and rehabilitation of soil conditions for significant trees. Cities, counties, educational institutions, Native American tribal entities, and non-profit groups throughout the state will be eligible to apply for these grants, Priority for funding will be given to communities that have the highest unemployment rates in the state of Florida, and to blighted neighborhoods or underserved rural population centers. These areas should see increased employment opportunity for commercial arborists, landscape contractors, nurserymen, consulting arborists, and landscape architects/designers as a result of this initiative. Request for Proposal will be available at: 407 S. Calhoun Street SB-8 Mayo Building Tallahassee, FL, 32399 -0800, Request for Proposal will be opened at the above address at 02:00 P,M" February 12, 2010. Please direct all questions to: Christie Hutchinson Phone: (850) 617-7181 FAX: (850) 617-7190 Email: hutchict<i.>doacs.state.fl.us Any person with a qualified disability requiring special accommodations at the pre-solicitation conference and/or bid/proposal opening shall contact purchasing at the phone number above at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TOO). The Department reserves the right to reject any and all bids or accept minor irregularities in the best interest of the State of Florida, Minority Business Enterprises are encouraged to participate in the solicitation process, Click here to view more related documents. For questions on a specific bid advertisement, please review the contact information for the agency advertisement owner on the actual advertisement page. The agency advertisement owner will be able to assist vendors with specific questions. http://vbs.dms.state.fl.us/vbs/ad. view _ad?advertisemenckey _num=83788 1090f375 Page 2 of 3 112012010 VBS - Advertisement Detail Page 3 of3 Copyright@ 2000 State Of Florida Privacy Statement http://vbs.dms.state.fl.us/vbs/ad. view _ad?advertisemenckey _num=83788 112012010 1100f375 RESOLUTION NO. RIO -015 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community; and WHEREAS, the City of Boynton Beach desires to apply for a Forest Health Improvement Initiative Grant which would provide monies to improve the condition of the community's tree canopy; and WHEREAS, the City of Boynton Beach wishes to enter into a Forest Health Improvement Initiative Grant Memorandum of Agreement between the City of Boynton Beach, Florida and the Florida Department of Agriculture and Consumer Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission supports the improvement of the condition of the City's tree canopy. Section 3. The City Commission hereby authorizes the City manager to enter into a Forest Health Improvement Initiative Grant Memorandum of Agreement between the City of Boynton Beach, Florida and Florida Department of Agriculture and Consumer Services. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA I1lof375 ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross l120f375 6. D CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOU NCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-016 - Approve and authorize execution of the agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach EXPLANATION OF REQUEST: In early spring of 2009, the Supervisor of Elections announced that according to Florida State Statute, she was not required to conduct municipal elections and it was her intention to return that responsibility to the municipal clerks. That put into motion an Ad Hoc Committee on Municipal Elections among the Palm Beach County League of Cities, representatives of municipalities, the Palm Beach County Supervisor of Elections office and representing attorneys. The Supervisor of Elections offered to put together a list of services her Office would provide along with the associated costs. During these Committee meetings, the agreement was presented that spells out all of the duties, responsibilities and fees associated with hosting municipal elections. The Supervisor of Elections Office is willing to provide the services spelled out in the agreement even though State law may not require her to do so. In arriving at this agreement, the Ad Hoc Committee which was made up of elected officials, city clerks, attorneys, SOE and League staff, has attempted to negotiate best practices and reasonable considerations. Positive action by the City Commission is necessary to implement this agreement. By returning our election to March, we are participants in the uniform municipal election date which maximizes efficiencies, reduces costs overall for all municipalities and helps to eliminate confusion to Palm Beach County voters. 113 of 375 Ho W WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continued cooperation with the Supervisor of Elections Office will assure smooth election cycles this year and in the future. FISCAL IMPACT: The fiscal impact of this new agreement with the SOE Office appears to be minimal when you take into account that we were required to reimburse the Supervisor of Elections Office $24,538.36 for our November 2006 election. The estimated cost of reimbursement to the SOE Office is estimated at approximately $27,000 for our March 9,2010 election. It is important to point out; however that we have been advised the following by the SOE: . We no longer must hire one Precinct Advisor per precinct. We are now allowed to provide one Precinct Advisor per polling location. Therefore, instead of providing 38 Precinct Advisors at $205, we will hire 30 for an approximate savings of $1 ,640. . Only one (1) Inspector is required for every 750 registered voters rather than 500 voters. This will allow us to reduce the number of Inspectors we anticipated hiring from 115 to 95 for an approximate savings of $3,700. . We are no longer required to hire Deputies, but it was strongly recommended that we hire some Deputies for large precincts. We will reduce the number of Deputies from 27 to 10 for a savings of approximately $2,890. Therefore, although we will be paying the Supervisor of Elections approximately $2,500 more for her services, we should realize cost savings of approximately $8,230 through the reduction of pollworkers, netting a reduction in costs of $5,730. The actual costs will be tabulated after this year's election and we will evaluate additional cost saving measures. In 2006, when there were County elections in addition to our General Election, the City of Boynton Beach shared costs with the Supervisor of Elections. We paid to the SOE $27,000 to cover our share of the election costs. In the November 2007 election, the City of Boynton Beach had a stand-alone election for Districts I, II and IV and the costs escalated to $32,000. The City paid the full cost of the November 2007 election. In anticipation of rising costs and not knowing the impact of the Supervisor of Elections fees to handle services associated with the election, we budgeted $75,000 in this fiscal year's budget for the upcoming election. After receiving a list of the fees from the Supervisor of Elections, it appears that the impact will be less than anticipated. Exact costs are unknown at this time, but will be evaluated at the conclusion of the election. In addition, there are nine (9) mayoral candidates for the General Election. Because this is a large number, there is potential for a run-off election. Since a run-off would be City-wide, the costs would be similar to those for the General Election. Staff anticipates our current funding for elections will cover both the regular election and a run-off election should if become necessary. ALTERNATIVES: If the City of Boynton Beach does not approve this agreement to work with the Palm Beach County Supervisor of Elections, we would have to conduct our own election and we are not prepared to do that with no assistance from the SOE this year. 1140f375 RESOLUTION NO. RI0-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO PROVIDE FOR A MUNICIPAL ELECTION AND TO ALLOCATE CERTAIN RESPONSIBILITIES BETWEEN THE PARTIES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; APPOINTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO HANDLE AND CANVAS ALL CITY ABSENTEE BALLOTS FOR THE MARCH 9, 2010, GENERAL ELECTION, AND IF IT BECOMES NECESSARY, A RUN-OFF ELECTION, WHICH WILL BE HELD ON MARCH 23, 2010, TO REPRESENT THE MUNICIPAL CANVASSING BOARD A T ALL LOGIC AND ACCURACY TESTS, AND CERTIFY ELECTION RESULTS; AUTHORIZING THE CITY CLERK TO NOTIFY THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS OF HIS APPOINTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has designated Tuesday, March 9,2010, as the date for the next General Election, and if it becomes necessary, a run-off election which will be held on March 23,2010; and WHEREAS, the City and the Supervisor of Elections desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the Supervisor of Elections and the City wish to enter into this Agreement to set out the terms of this coordinated program; and WHEREAS, the City Commission of the City of Boynton Beach desires to appoint the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots, certify election results, and represent the municipal canvassing board at all logic and accuracy tests to be held prior to the March 9, 2010, General Election and if it becomes necessary, a run-off election which will be held on March 23,2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1150f375 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves the Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of Elections and authorizes the Mayor and the City Clerk to execute said Agreement, a copy of which is attached hereto as Exhibit "A" Section 3. The City Commission of the City of Boynton Beach, Florida does hereby appoint the Palm Beach County Supervisor of Elections to handle and canvas all city absentee ballots for the March 9, 2010, General Election, and if becomes necessary a run-off election which will be held on March 23, 2010, represent the municipal canvassing board at all logic and accuracy tests, and certify election results. Section 4. The City Commission hereby authorizes the City Clerk to notify the Palm Beach County Supervisor of Elections of her appointment to handle and canvas all city absentee ballots and represent the municipal canvassing board at all logic and accuracy tests to be held prior to the election. Section 5. That this Resolution shall become effective immediately upon passage. 1160f375 PASSED AND ADOPTED this _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 117 of 375 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE CITY OF BOYNTON BEACH THIS AGREEMENT, is made and entered into this day of , 2010, effective January 1, 2010, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant to Article Vlll, Sec.l(d) of the Florida Constitution, hereinafter referred to as the "SOE", and the City of Boynton Beach, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code") which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run-Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated hereinbelow. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of the City of Boynton Beach's General Municipal election is March 9, 2010. It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on a pro-rata share basis; otherwise, it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs ofthe election, incurred by the office of the SOE. 3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY: 1180f375 The SOE hereby agrees not to charge Municipality for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places within its dominion and control. Examples of municipal elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2nd Tuesday in March or November) are attached hereto as Exhibit A; Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (I) Municipality (a) Properly call and advertise the election according to statutes and charter at its own expense. (b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality's election and act as a member of the Municipality's Canvassing Board. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing. B. Qualifying Candidates (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates and notify the Municipality of such results upon the close of the candidate qualifying deadline. C. Ballots (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable. *(c) Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cost of said ballots. *(e) Reimburse the SOE for costs incurred for translation and audio recording of ballot. *(f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. 1190f375 (2) SOE (a) Layout, check, proof and delivery ballot layout to the printer. (b) Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting - Optional (1) Municipality *(a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. *(b) Pay SOE for Early Voting supplies. (c) Contract with, schedule and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites thirty (30) days prior to each Election and notify SOE in writing oflocations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE. F. Absentee Voting (I) Municipality *(a) Reimburse SOE for all postage costs incurred at the current postal rate. *(b) Pay SOE for materials and handling of each absentee ballot. *(c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. l200f375 (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. G) Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places (1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty (30) days prior to election ofthe need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used. (e) Notify the SOE not less than 30 days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. (2) SOE (a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change. H. Precinct Supplies (I) Municipality *(a) Pay SOE for precinct supplies provided. *(b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night. *(c) Pay SOE for the production of Precinct Registers. *(d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors. (c) Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. l2lof375 (e) Provide laptop computer at each polling place. (f) Provide CD of voter file database for each polling place. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes and affidavit forms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (I) Municipality (a) Contact, contract with and pay poll workers directly. (b) Schedule and notify poll workers of training classes. *(c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. *(d) Reimburse SOE for expenses incurred in printing training material. *(e) Reimburse SOE for expenses incurred for trainers to train poll workers. *(f) Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a) Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers. (e) Provide printed training materials for poll workers. J. Election Day Support (1) Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election Day. (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting *(c) Reimburse SOE for all phone bank costs. (2) SOE (a) Assist in finding poll worker replacements ifneeded. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation/Counting of Election Results (I) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. *(c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. (d) Act as member of Canvassing Board. (2) SOE l220f375 (a) Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act as a member ofthe Municipality's Canvassing Board (optional). (c) Post election results on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day. L. Post Election Day (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board, as required by law. (f) Respond to public records requests regarding records kept on behalf ofthe Municipality. (g) Record voting history for each voter who voted on Election Day. M. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit. *(b) Reimburse SOE for any staff overtime or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(2) that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration ofthe Recount, with support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule IS-2.031. Recount Procedures; and Rule IS- 2.027. Standards for Determining Voter's Choice on a Ballot. l230f375 *(g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s) ofthe Recount with the tine and location. (b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. * all items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30) days of receipt of an invoice from the SOE with documentation verifying the charges. 5. INDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of the Municipality's negligence in connection with its performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of the office of the SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $100,000 for anyone person or beyond $200,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other's negligent, willful or intentional acts or omissions. Notwithstanding the above, the Municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs for such defense of the Municipality and the SOE. The Municipality shall be responsible for damages, if any, assessed by virtue of such a lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. 6. TERM: This Agreement shall begin on the effective date January 1, 2010 and continue for a term of one year in order to cover Special Elections, if any. It shall be automatically renewed in accordance with the same terms and conditions as set forth herein upon the adoption of a Resolution by the Municipality requesting the SOE to conduct the municipality's election for the applicable year or may be modified by mutual agreement of the parties. 7. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 8. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. l240f375 For the SOE: For the Municipality: Supervisor of Elections City of Boynton Beach 240 S. Military Trail 100 East Boynton Beach Blvd. West Palm Beach, Florida 33415 Boynton Beach, FL 33435 Attention: Susan Bucher Attention: City Manager 9. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in hill force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 10. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1,2010. As to the SOE: WITNESSES: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY Susan Bucher Date: As to the MUNCIPALITY: ATTEST: CITY OF BOYNTON BEACH Janet M. Prainito, MMC Municipal Clerk Jerry Taylor, Mayor (Affix Municipal Seal) Date: APPROVED AS TO FORM James A. Cherof, City Attorney l250f375 6. E CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-017 -Authorize City Manager to sign Local Government Verification Forms on behalf of the Cornerstone Group for the developer's participation in the New Issue Bond Program (NIPB) administered by the Florida Housing Corporation, to support the completion of the final phase (64 townhome units) of The Preserve development. . EXPLANATION OF REQUEST: Staff received a letter dated January 20, 2010 from the Cornerstone Group requesting City completion of local government certification forms required for the New Issue Bond Program (NIBP). Cornerstone Group has received an allocation of the bond reservation which makes them eligible for continued application for lending assistance for the construction of affordable housing. The next step is for the developer to submit their application for funding approval as part of the Florida Housing Corporation's Universal Cycle application that is due in Tallahassee on February 1, 2010. Because the application deadline date precedes the City Commission meeting date of February 2, 2010, the requested action is for the City Commission to ratify staff's endorsement/completion and timely submission of the forms which is necessary to meet the application deadline. The financial benefits of this program are intended to support the funding of the final phase of construction of The Preserve development. This development received site plan approval in April of 2005, which included 180 townhouse-style units, recreation amenities and related site improvements on the east side of NE 4th Street, approximately 850 feet south of Gateway Boulevard. The first phase has been completed leaving 64 units in several buildings in a final phase. The ultimate outcome would be the completion of the project as approved by the City in 2005. The NIBP is one product from the President's Administration providing an initiative for state and local housing finance agencies (HFAs) that help support low mortgage rates and provide resources l260f375 for low and middle income borrowers to purchase or rent homes. The subject forms are identical to those previously completed for The Auburn Group ("Boynton Bay Tower 1" - 2009), and in connection with the Boynton Terrace rehabilitation project (2000). The forms continue to be used by the awarding agency as confirmation that the host cities have specific measures in place that support affordable housing. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The program is designed to make mortgage funds available for purchasers of affordable housing. FISCAL IMPACT: None to the City or the CRA. We are certifying affordable housing benefits already included in our code. ALTERNATIVES: Do not authorize endorsement of the forms. The City will notify the Florida Housing Corporation that we have rescinded execution of the forms. l270f375 RESOLUTION RIO-017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND RATIFYING THE CITY MANAGER'S EXECUTION OF THE VERIFICATION DOCUMENTS TO ASSIST THE CORNERSTONE GROUP IN ITS PARTICIPATION IN THE NEW ISSUE BOND PROGRAM (NIBP) ADMINISTERED BY THE FLORIDA HOUSING CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Cornerstone Group has requested that the City of Boynton Beach complete required local government certification forms for the New Issue Bond Program administered by the Florida Housing Corporation; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize and ratify the City Manager's execution of the Local Government Verification forms on behalf of the Cornerstone Group for the developer's participation in the New Issue Bond Program (NIBP) administered by the Florida Housing Corporation. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT: Section 1: The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorizes and ratifies the City Manager's execution of the 2009 Universal Cycle Verification documents (copies of which are attached as composite Exhibit "A" to this Resolution) in support of the Cornerstone Group's participation in the New Issue Bond Program administered by the Florida Housing Corporation intended to support the completion of the final phase of The Preserve at Boynton Beach development. Section 3: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA l280f375 Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) l290f375 January 20,2010 Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: THE PRESERVE AT BOYNTON BEACH - LOCAL GOVERNMENT VERIFICATION FORMS Dear Mr. Bressner: The Preserve at Boynton Beach recently applied and was allocated a reservation of bonds from the state in a new program called the New Issue Bond Program ("NIBP"), which has about $248 million reserved for multifamily across Florida. The next step in the award is to submit a Supplemental Universal Cycle application to Florida Housing Finance Corporation by February I st. We havc provided for your review and signature the following local government verification forms: · Local Government Verification of Qualification as Urban In-Fill Development · Verification of Affordable Housing Incentives Expedited Permitting · Verification of Affordable Housing Incentives Contributions to Affordable Housing · Verification of Affordable Housing Incentives Modification of Fee Requirements · Verification of Affordable Housing Incentives Impact of Policies, Ordinances, Regulations, or Plan Provisions We havc previously requested and received from Mr. Michael Rumpf, Director of Planning and Zoning, the Local Government Verification fornls that confmn that The Preserve of Boynton Beach a) is consistent with the zoning and land usc rcgulations; and, b) verification of status of site plan approval. Attached is a copy of those executed forms. Also please find attached a project description of the community. The application is only requiring the verification that the City of Boynton Beach has the stated policies in place. We are not requesting any local government match or a discount in permit fees or credits to impact fees as it relates to affordable housing. Again, we only require the forms verifying that the policies and rcsolutions are in place in regards to the above requested forms. Please do not hesitate to contact me at extension 2246 if you have any questions. I may also be reached via e-mail at: Max.Cruz(tll,Cornerstonegrp.com Thank you, cz Max Cruz Vice President - 2100 Hollywood Boulevard' Hollywood, Florida 33020. PH (305) 443-8288' FX (305) 443-9339 1300f375 The Preserve at Boynton Beach Project Description The Preserve at Boynton Beach is located at 1866 NE 5th Street, Boynton Beach, Florida 33435, Located in central Palm Beach County, the property is one block from the Atlantic Ocean just south of Gateway Boulevard. The community offers townhome-style condominiums and flats, providing 2- and 3- bedroom units with attached garages to residents of Palm Beach County, The residences range in size from a 1,070 two bedroom flat to a 1,590 square foot three bedroom townhome, All units have private, attached garages, The elevations of the Preserve are unique, offering the flats on the end of the buildings (two bedroom flats on the first floor; three bedrooms on the second floor), with the three- story townhomes in the middle of the building, This change in height and elevation, along with the popped-out windows provide an elegant, upscale look to the community, Moreover, the units themselves are very spacious, larger than the typical units in the submarket. On-site amenities include a clubhouse, a swimming pool complemented by shaded gazebos, a children's playground and a park, The Preserve at Boynton Beach is a private, gated community. The unit mix is as follows, and is in the same proportion of flats and townhomes as exist overall at the community (1/3rd of the units are flats; 2/3rds are townhomes). Banyan Cypress Hibiscus Palm Units 10 10 22 22 Location End Unit End Unit Interior Interior Living Area 1,070 sq. ft. 1,561 sq ft. 1,544 sq. ft. 1,590 sq. ft. Design Flat Flat Townhome Townhome Bedrooms 2 3 3 3 Bathrooms 2 2 3 3 1 Car Garage 260 sq ft. 243 sq,ft. 275 sq, ft. 275 sq, ft. The property is new construction and will be built in phases. 66 of the units have been completed, The next phase of The Preserve is 64 units and recently applied to Florida Housing Finance Corp for, and has received an allocation of, financing under a new program called the New Issue Bond Program ("NIBP"), which is has approximately $248 million reserved for multifamily across Florida. The next required step is to submit a supplemental universal cycle bond application to Florida Housing by February 1 st. Currently we are in the process of getting government verification forms signed for the application, NIBP is designed for affordable housing, multifamily projects. If the funds are committed to the Preserve, it would provide state subsidy to continue construction on 64 units in unfinished buildings. The project will look identical to what has been approved by the City of Boynton Beach, All 64 units will be rented to tenants whose household income is 60% or less of the Palm Beach County median income, 131 of 375 200' UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF STATUS OF SITE PLAN APPROVAL FOR MULTIl<'AMlLY DEVELOPMENTS Name of Development: The Pre,erve at BOl'lton B.:~~:~~:..:..., Development Location: 1 R/;/; North.,., ~,h ~It"j R"l'n'.m R..d" Flo";d" 114.1~ (A~.a minifllll.ll\ ~m...;r;t~ th~adr;!.~li-a;:;A8I1edbyth=Urj\l:r;tSt.ate3F(I SernClC, i~dua;t.in&1he.a~ rMnb~. llIled:nameand c~y, oriftheM~!ha:8 notyrt b~~assigne.::l. prO'Jide the wee!: name, clo~e:il dr:~ignal~ ir:lt~stcYc:n 8fld ci1~.) Development Type: TOwri.OU5C5 (Pnrt lH.A.f'I of~OC~ Un:.vl7:;:L1 C"ycll:' AppliVltilJn) Total Number of Un its in Development: 64 ~Cp;ffIli:AIi:;;r'lOD'9'Lrn""""1 Cy~.AppJl"'lIon) Zoning Designation: PUD Mark the applicable statc;mcnt: I. 0 The ooove....ef,.,.enc.d Development is new con,;ruction or rehabilit.uioll with neW con,tructi(>T1 ,.,,,:1 the flJlal site plm, in !he zoning cksignation stated above, WllS ~proved by action of the City C<<n1I11lslion 011 O<llOjl200j (L,gdl~Aulhor.,.d h ody 'J PO'" ("""'ddlyyyy)"* (L,~ly Acllmmd Dodt') 001'( mmldOlym) ~ I r I ! 2. 0 The abDv..........f,.,.enced Development i~ new COn!.1m~tioo (I" rch(<hililll(i(H1 with lleW ~on~tru~lion md !his jurisdiction providc~ cilher preliminary ~ite plan approval or ~onl:eptual ~ile plan 3!lproval. 'lbe prditnil'll<c)' .... ~o"c.pluHl .ile pI"'" in the %on;'\/:l d<;$igrll<lion .1Hled Hbuve. wall Elppl'oveQ by wlion of lbe on 3. OThe Bhove.......ferenced Development is new construclion or rehabilitation \\lith new conlllfiJclion Md require. sile pl;m appro"," farlhe !leW ctlllstruclion wOrk, However, tllisju,'i.dictiall provides lIeither' preliminary site plan approval nor conceptual site plan approval, nor is any other similar process pmvided prior to issuing f",aI.ite plan approval. Although there is no preliminary r:rr COl1CeplUal site plan approval process and the Il1Ialsit... plan approval has not yet b.en iSSlled, the site plan, in the zoning designation tt;tted ahov..., waJ; revi...w...d by on ~L~8:dly AuUlOnZl!d I:!I mt~'tJ D8~(mmJtl1Ij'yyy) ...... 4. 0 The abov........ferenced Development, in the zoning designation stlll...d above, is rehabilitation without ~y now construction and does not require additiooalsite plan approval or similar fX'ocess. ""'''l.r~fil.lly ^ulhon:z;~nl;ldi' il;r.[]~;m ~q.:4vjdJ,J.:LJ, ^pp]il;:ilr'_~JJlI..:i~ ~'L~'l.h.eI;la"'L~ nflh~ !;ily COUIlCJI" Caunly C.[JrnmI.~m:n, B[lm-d.D~~l, O('wQ~iqn.~. 'Wl.~;)UlliCl":ll'yC:"I!t'~:!'ll.;lU~. If,:III: Oat!: rust b~lj:[]n orlletore' ~ A~pl.ir:atiOD DCEldl.1!lC. CERTIFICATION I cmify Ihat the City/County of flol'llon Beam has vested in me Ihe authority 10 verify status of (N.,n. of c,ty or COOIlty) site plan approval as specified above and I further ~ertify th3lthe infulT1l;ttion stated above is true and correct. -?z.-G.J. zL- t1 (~ h..... I 7? <.) l"'\ or SignatufC -7- ' ,~ Print or Type Name f 7? in. 'f)" ;;J' .t- ?:.--, r. :;" 7-7) X-. Pant or Type e -.J This ccrtifi(;rQ(>fI mu~t he ~igl1ed by tho "l'plicahl. City', or County', Directm of Hanning and Zoning, chief appointed official (.taff) rospoJl5iblc for determination of i..uo> ...loled to ,il. .,lon al'l'roVlli, City Mllllog.r, or County Mani'lll(if/AdministratQr/C()ordinator_ s..ignatur~5 from lor;::al elc:ded oAiaa15 arc not .l::l.c::c:cptabl~~ ncr me: other signatoriC::5. If this certification i, al'plioabl, 10 this Development and it i. inappropri.tely ,aKD.d, !he ApI'6..tion willli.il to JtIc<l thr..hold. Ifthi. e.ttifio.tion ,ontain, etn'.otiofls or '\\-bite-out', or if it is s(atI1Ied.lmi1ged, altered, or ..e!wed. the Al'plicition will fail to mo<l tl....hold. nle certifioation may bel'llOtocoried. UA1Dl6 (R.<:>, 5-D9) 6)-<l004:1)(.l~ m.~l {l))(lX'l F',C, E':<hlbil~ 1320f375 2009 UNlVJlR.Si\I, CYCLE - LOCAL COVERNMENT VERIFICA'l'lON THAT DEVELOP1\fENT IS CONSISTENT "'TIH Z ONlNG ANI) LAND USE RECULATIONS Name of DeYtlopment: Tbe Prmrve at 8oYfllon Beach, Ph... I Development location: 1866 Northeast 5th Str.e(,Boyn~on Beaeh.F1ofid.:l'l<l~S (At'i: min.jmwn, p~lJl.~~ frl.l!:3.d~d3.!lICiJll!:c.1:Jyl"eUnitcd.S~8Post.al ScMCC'. inl;hrllnRth~:;:J.ddt~~~n.umhi!r. !ll:'1!.!f.:nanll'and citYri)rirth~ f1.dd.r!::s.8baa r.oty~ be~B6liign~.provi.r;!~ Ul~ rtf~."!\. n&Jr."\~. c:I;)':j~ d~gnaJ:I!d.int!fs.tGti(]nand tity.) Development Type: Townholl5" (P'Ilt III A~, of lno~ Urti""o:d cyCle APP].caUDl\l Total Number of Units in Development: &1 (1)Mt llJ.A,O. O~J009 \lni"'ll'Ol Cyol. A,plimon) The undersigned Local Government official confirms that on or bdore o,;L~ 0 La 0.1'( )" (1) The number of units (nat buildings) allowed for this development site (ifresrricted) is: ~ and/or if a PUD, the number of units (not buildings) allowed per development site is: 180 or if not a PUD 311d development site is subject to t~ing special use or similar permit, Ilwnber of units allowed for this development site is: N A : and (2) (3) The zoning designation for the referenced Development site is PUD : and The intended use is consistent with current land use regl)lations and the refert:nccd zoning designation or, if the Development consists of rehabilitation, the intended use is allowed as a legally non-conforming use. To the beol of my knowledge, there are no additional hmd use regulation hearings or <lpprovals required to obtain the zoning c1<1Ssification or density described herein. Assuming compliance with the applicable land use regulal.ions, there are na known conditions which would preclude construction or rehabilitation (as the case may be) of the referenced Development Oil the proposed site. ,. D:..L: lnlsi be "an or bc:fug" thc:A~lJljtit:lon Dl:Iii:rUjn~ CERTlFICA nON I certify that the City/County of B"~t"n Bmh has vested in me the authority ,~OlllC 0; C,tylC01n~Y) 1.0 verify consistency with local land uSe regulations and The ;;:oning designation specified above or, if the Develapment consists of rehabilitation, the intended use is allowed as a "legally non.confonning use" and I further certify that the foregoing information is lrut and correct In addition. if the proposed Development site is in the Florida Keys Area as defined in Rule Chapters 67-21 and 67.48, F.A.C., I further certify Ulat the Applicant has obtained the necessary Rate of Growth Ordinance (ROGO) allocations from the Local Government. Mic.J.,-..c. ( Ru~+ Print (>I" Type Name '? k.... tilL i kii ~2G..6;"J U ~.(' Prin I or Type T 'Illis certification mllst be signed by the applicable City's or County's Oirector of Planning and Zoning, chief appointcd oJJ'icial (.t:.:lI) l'tspOllgible for detennination of i."ues related to comprehensive planning md zoning, City MlUIager. (lr County M3I'Iager/Administrnlor/Coocdinr.lQt, Sign:ltures from local elected officials are not lICeeptable, nor are other signatorics. If Ihe certification is applicable to this Devdopment BIld it is im.ppro)f't'iarely signed, the Application will fail to meet threshold. If this certiiielii(lll contems corrections or 'white-out', or if it is scanned, imaged, altered, or retyped. the Application will fRillo meet threshold. The certification may he photocopied, UA1016 (R,o, 5-09) 614&,OO<l(]X,), d7.J: .(0)( ])(,1 P ~ c F.xhJbit1L- 1330f375 200' UNIVERSAL CYCLE - LOCAL GOVERNMENr ~R,l)'1CATION OF QUAUFICATION AS UR'BJL'l IN.FlLL DEVELOPMENT Name ofDeveloprnent: 'lhe Pre.e",e at Boynton Dcaeh, R\..e I Development Location: 1866 NorcheMt ~lh Street, Boynton Beach, Flood. 3343~ (Ata:minimum. pmvid~ th~ad~Ij:.a~Agm=~'byth:=1Jr.ite~ :3'\.l.l.e:>pgD.olJ St;"Il.t::=,ir..cll..lll.1nl3. Ule ~dili'~~ nUl"l'lbet". ml!tt~.aftd dty, oriftht:fld~5!he..s Mtyd. b:CCT.as&lp:lw.prtN:Id~ th~ :;tr:=c:tnnm~, l;t[]5~.s'I. dl!~igrIall!diml!t'~a:t'laf\drit'l) Local Government City ofBoynlonB..eh TIn; City/County of !loyntoo Be.eh (Name "fCity or County) confIrms that the Development identified above meets the following criteria: 1. The proposed Development is located Oil a site or in an area that is targeted for in.t1II housing or neighborhood revitalization by the local, county, state or fedcral govcrnmrnt as evidenced by its inclusion 111 a HUD EmpowennentJEnterprise Zone; a HUD-3pproved Neighborhood Revitalization Strategy; fllorida Enterprise Zone; area designated under a Corrununity Development Block GrIDl (CDBG): area designated as HOPE VI or a Front Porch Florida CorrununiLy; or a Community Redevelopment. Area as described and defined in the Florida Communily Redevelopment Act of 1969: or the proposed Development is located in a qulliified ct;O~jS tract and the development of which contributes to a concerted community revil<llizalioo plan~ and 2. The ~iLe i~ in an area that. is already developed and is part of 311 incCJl1lorated area or existing urban sel>;ce area; and 3. The proposed Development is not located within the Small Calmly Cmegory, CERTIFICA nON KURT BRESSNER CITY MANAGtR BOYNTON BEACH, Fl Print or Type Name Signature Print or Type Title This certification must be signed by the chief awointcd official (staff) responsible for such approvals. Mayor, City Manager, County Manager/Administrator/ Coordinator, or Chairperson of the City Councilor County Commission, Other signatories are not acceptable. If this certification is inappropriately signed, the Application will not cp..iaJify as an Urban Tn-Fill Development. If the certification contains cOlTectioos or 'white-out' or ifit is scanned. imaged, altered, or retyped, the Application will fail to qualify as an Urban In.Fill Development and will fail Lhreshold. The certification may be photooopied. UA10t6 (R"" 5-09) 6~.;g004(IIr.l. 61.]1 OOJ(l)(.l F.A,C, I!>;hihit~ 1340f375 2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERtflCA TION m' AFFORDABLE HOUSING INCENTIVES EXPEDITED PERMTTTING PRoCESS ~'OR AFFORDABLli; HOUSING N3lTle of Development: Th. Promv. at Eo~ton E..<:h, Ph",. I. Development Location: ~..<I ~th :'llr..! ROVlllon B..ch F1orida3W", (At a.mici:1Uum.p~"t'.idc tt1~a(:f('.rcn~5:a~u~d by l.."'Il!UrjL~d E:liItt'!lPD8I:.:d gmi:Ge.uJ.duJifli::Un~;::u:ldr~5~ Mll'&:Itt. :5trfana!.iJ.!and city. orifth.: addr:sst.as. roJt.)'~ bm1aj;5ign~,pn:l'\Ad~ lhl! !:U'!!t.l'lar.:Ie. clo!leR.d'=Agn.atcdiflter~~~Ill.;md tily.) Name of City or County Government Cty of Boynton E..~h Name of Jurisdiction thlll will iS5lJC building permits: .Q!z of Boynton B..~h The City/County of f.Iovnton s"".h (Nam. ofeil)' or COMly) curr!;l1l.Jy admin i'iters 3!l expedited permitting prowls for affordable hou,ing enacted by adopted O~f19!2009 Date (mm/ddlyyyy) R.~ollltion # 09-024 <OrctnCUlcC', R~;~jf';;-Nl.lmbl!r orcitati(lft (Ifpolicy) CERTIFICA'fION Signature ~UR! BRESSNER CITY tlANAGER BOYNTON StACH, FL Print or Type Narne Print or Type Title This certification must be signed by the dlief appoinled official (staff) responsible for issues related to this incentive, Mayor, City Manager, County Manager/Administrator/Coordinator, or Chailperson of the City Council/Commission or Chairperson of the Board of County Commissioners. Other signatories are nol acceptable. Zero points will be awarded if the certification is improperly signed. Signatory must be a representative of the local government that has enacted the incentive. For purposes of this fonn only, if a Development is locllled within a municipality but the incentive is not available in the city, Applicant may use county incentive. For example. if a Development is located in a town whidl does not have impact fee requirements but the county has SlIch requirements and they have a reduction or waiver of these fees for affordable housing. the Applicant may submit a properly executed Local Government Verification of Affordable HOll"ing Incentives Form from the county. The Applicant will not receive credit for this incentive and the Application will fail threshold if the certification contains corrections or 'white-out' or if the certification is scanned, imaged, altered, or retwed. The certification may be photocopied. 0"1016 (R,'], 5-(9) 6J~OO4(JX.l, 67.'1 no):])(.~ ,.I c Exhibit 135 of 375 2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VEIUFICA TION OF AFFORD ABU HOUSING INCENTIVES CONTRIBUTIONS TO AFFORDABLE HOUSING PROPERTIES OR DEVELOPMENTS Name of Development: The Pr<O<IT< at Boynton Beach, llia.e I DevelopmentLocation: 1866 Northe..l ~lh Su-w. BOl-"'ton Bc.oh. Flocid.33435 (M.J.:'ru:niI'ri~ pfOVl.d~ thtad~g'BiI:;.si.PJI.cd ':'1y lh~Uni~d SI.a~~Po~ E:crv:iee. inc::h.difJ~th~ ;ulo:lr~z n~u. ~~~tLbr'I1elilld dty, Of{f-:h.cil.ddrc:;sha~ n~ty~ I=:em ilP&ignl:", ~rQ1.'ltl.e the i'l.:"ec:: tmne, c10fi.~~ d~~ignat~d in~c:r~~g(. ;ml:ll::lly.) Name of City or County Government City ofBoymonBellch The rcfl.Tenced Local Government has <III on-going and current process lor providing contributions to affordable housing properties or developments. CERTIFICA TIOl\T inforrnalim is true and correct. KURt BRESSNER eill'MANAGER BUYN~ON BEACH, Fl Print or Type Name Signawre Print or Type Title This certification must be signed by the chief appointed oJlicial (5taff) responsible for issues rdated to this incentive. Mayor, City Manager, County Manager/Administrator/Coordinator, or Chairperson of the City Council/Commission or Cbairperson of the Board of County Commissioners. Other signatories are not acceptable. Zero points will be <lwarded. Signatory must be It. representative of the local government thai. has enacted the incentive, For purposes of this f01111 only, if a Devclcpment is located within a municipality but the incentive is not available in the city, Applicant may use county incentive. For example, if a Development is located in a town which does not have impact fee requirements but the county has such requirements and they have a reduction or waiver of these fees for affordable housing, the Applicant may submit a properly executed Local Government Verification of Affordable Housing Tncentives Form from the cOUn1.y. The Applicant will not receive credit for this incentive and Ihe Application will fail threshold if the certification contains corrections or 'white.out' or if t.he certification is scanned, imaged, altered, or retyped. The certificlttion may be photocopied. UA1015 (R<> ~-'9) 67~OO.o(I)I.); 0I"/.2lCC:l(ll(.l F ,A,C, Exhibit 1360f375 2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERlFICA nON OF AJi'i"ORDABLE HOUSJl"G INCENTNES MODlFICA noN OF FEE REQUIR.El\oIENTS FOR AFFORDABLE HOUSING PROPERTIES ORDEVELOf'MENTS Name ofDevelopmcnl: Th. Pr.serve .tBoyntoo!;k.<h, Ph... I Development Location: 1&66 North..SI5th Stt<(I:,;f,l,".Y.!!lon B..... Fl.rid.33435 (At a minimum, p1'clJide the ad~s6i1::;Iii:gncd by thC' ~JT1i1.r!!d: ~~I.!!!"! j:!Q!1a1 Service, jndud.illgth~ ;Il'!rlr~~ nwnhl!1".1t.r~~ name and citY.:[Ir if-:b~ ;:!di::lJ?o~s; hoJl tJoty~ b~~ 8aagnc:d, ~rO'\ol.d~ UJ.~ rl.:'~~ l'uIme, closell. deaigna~~d ir.~as~ar. 'lor:! t1ly.) Name of City or County Government: City .fBOyt\lon B..cll The referenced Local Government currently make:> available to affocdable housing properties or developments the modification offee requirement., including a reduction or waiver of fees and altemative methods offee payment. CERTIFICATION ormation is true and COITect. KURT BRESSNER CITY M~:1,\GE~ BOyt-;10N BE},CH, f'L Print or Type Name Signature Print or Type Title This cirtifieation must be signed by the chief appointed official (staff) responsible for issue. related to this incentive, Mayor, CilY Manager, County Manager/ Administrator/ColXdinlltor. or Chairperson of the City Council/Commission or a.lallperSOn of the Bosrd of County Commissioners. Other signatories are not acceptable. Zero points will be awarded. Signatory must be a repref;entative of the local government that has enact~d the incentive. Far purposes of this form only, if a Development is located within a municipality but Ihe inccrltive i. not available in the cilY, Applicant ma.y USe county incentive. For example, if a Development is located in a town which doc. not have impact fee requirement. but the county ha.s such requirements and they have a reduction or waiver of these fees for affordable housing, the Applicant may submit a propc:I'ly executed Local Govc:rnment Verification of Affordable Housing Incentives Foml from the county, 111e Applicant will not receive credit for this incc:ntive and the Application will fail threshold if lhe certification cunt<l.in8 corrections or 'white-out' or if the certification i8 scanned, imaged altered, or retyped. The certification may be photocopied, UA1016 (R.o 5.09) o14UO<l(I)(<J,61.,1.0~3(1)(.1 F.A.~ Hxhibit 137 of 375 2009 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF AFFORDABLE HOUSING INCENTIVES IlVlPACT OI<' POLICIES, ORDINANCES, REGULA nONS, OR PLAN PROVISIONS ON COST OF AFFORDABLE HOUSING PROPER TIES OR OEVELOPNrENTS Name ofDevelopmelll:Th" Pr"WV( at B~ynt.>n T;le.eh, Ph... I D.vd'l'ment toeHtionlB66 :-:Torti...,! ~d) Su'eot. 'Bovnton Beach, Florida 3343.~ (Atll.I'r'Ilniru.Wfl. prol.li:~~ Ih~ ildm~~<L!;~Et1~dby lhI!U:n.ittdgta~sP.c:lsta.l3er..;~, indl.liint!, lhe: 1l.Cili'!S5 n1Jllt::r. Sl.:ed-Mmt::.;,n~ .-::i~y. nTirlhl!:rtd.rI!!J:~hi:i~ f1Gty~ ~c~ ::J.SSI gnl!~. prOl.'!de the Rre~ l1.1Im:1 rJosl;d. de~1gD31!'d lnlU'Stctio:J.and dJy,) Name of City or County Government; City "fBoynton B.."I. . Th. rer.renced Local Government currently h"" "- process, estoblished hy ordiml1lce, resolution, plan. or policy. that requires consideration of the impact of proposed policies, ordioances, regullllions. or plllll provi~ion" on the cog( of affordable housing prior 10 adoption of SIIch policies, oroinllllces. regulations, or plan provisionG. CERTIFICA nON KURT BRESSNER CITY MANAGER pnVN'liN RrM:H FI Print or 'fyp. Name Signature Print or Type Title 'll1is certification mu,t. be signed by the chief appoint.ed official (slatl) responsible for is&.les related to !his incentive, Mayor, City M<lJ1ager, County Manager/Administrator/Coordinator, or Chairperson of the City Council/Commission or Chairperson of the Board of Connty Conunissioncrs. Other signatories are not acceptable. Zero points will be awarded. Signatory must be a representative of the local government that has enacted the incentive. For purposes of this form only. if a Development is located within a municipality but the incentive is not avaJlable in the city. Applicant may use county incentive, For example, if a Development. is located in a town whidl does not have impact fee requirements but the county has such requirements and they have a reduction or waiver of Ihese fees for a.ITordable housing. the Applicant may submit a properly executed Local Government Verification of Affordable Bousing lncentives Form from the county. The Applic8flt will not rc<:,dve credit for this incentive :md the Application will fail threshold if the certification contain, corrections or 'white-out' or if the certification is scamed, imaged altered, or retyped. The certification may be photocopied. UA1016 (R,v, 5.M) 61"'l1j)()4(lX'), W.ll OO:Kl)l.l r,A,C, &I.ibit 138 of 375 I [ I r L 6. F CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D ANNOUNCEM ENTS/PRESENT A TIONS D CITY MANAGER'S REPORT D ADMINISTRATIVE D NEW BUSINESS NATURE OF i:8J CONSENT AGENDA D LEGAL AGENDA ITEM CODE COMPLIANCE & LEGAL D SETTLEMENTS D UNFINISHED BUSINESS D PUBLIC HEARING D FUTURE AGENDA ITEMS D OPENINGS D OTHER REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION R10-018 --Approve the payment of $28,644.79 to Midrange Support and Service, Inc. for the annual renewal of the AS/400 hardware and operating system support and maintenance. EXPLANATION OF REQUEST: City departments use SunGard Public Sector's HTE governmental software for: general ledger, utility billing, web-based utility payments, electronic payments to vendors, business tax, payroll/personnel, human resources, online-recruiting, fleet management, and other government functions. The Information Technology Services (ITS) Department currently runs the HTE software on an IBM AS/400 mid-range computer at City Hall. This AS/400 is aging and near its "end-of-life". The City entered into an agreement in October with SunGard to migrate the City's data plus SunGard's HTE applications to a larger AS/400 located remotely in their Alpharetta, GA datacenter. City ITS staff hopes to finish the migration so City Departments can "go live" on the external hosted computer this fall/wi nter. In the meantime, the attached quote from Midrange Support and Service, Inc. renews their support for the City's AS/400 hardware and operating system, and allows us to cancel the service when we finish migrating to the external AS/400. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This request will continue Midrange Support and Service, Inc. maintenance and support for the City's AS/400 hardware and operating system. The agreement provides ITS and City Departments with: . Continued software and equipment support - 7 days a week; 24 hours per day. . Version upgrades of the operating system, when available, at no additional cost 1390f375 . Software fixes for software problems, when available, at no additional cost . Ability to cancel and receive a refund once the City migrates to an external AS/400. FISCAL IMPACT: The total annual fee for this service is $28,644.79. This item was approved in the FY 09-10 budget account 001-1510-513-49-17. AL TERNA TIVES: Pay for hardware maintenance, software fixes, and/or new versions only if-and-when needed. . This alternative could possibly involve outages if parts and labor resources are not immediately available - since the maintenance supplier must first focus on contracted agreements. For less critical systems, a "time-and-material" strategy might well be cost-effective. In this case, however, the City cannot tolerate a sustained outage. . In addition, a "time-and-materials" strategy might be expensive given the age of the City's AS/400. The vendor expects the billing rate for IBM AS/400 repair-technicians to be approximately $250 per hour. Replacement parts for a mid-range computer are also generally expensive when not covered under a support agreement. l400f375 RESELLER QUOTE 1122 East Atlantic Avenue, Suite C, Delray Beach, FL 33483 t 561-272-5883 f.561-272-5652 Date AAAQ1052 Jan 10,2010 Number City of Boynton Beach Phyllis Koch 100 East Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33435-0310 City of Boynton Beach Phyllis Koch 1 00 East Boynton Beach Blvd PO Box 310 Boynton Beach, FL 33435-0310 Phone Fax 561-742-6070 561-742-6092 Phone Fax 561-742-6070 561-742-6092 I-~~ ~~ 1 9406-HWMA-B 9406-820 0000D365B HARDWARE MAINT 24X7 2 3581-HWMA-B 3581-H17 001320006 HARDWARE MAINT 24X7 3 ALERT/PM DPOC 9406-820 0000D365B ALERT/PM DPOC PREREQ PREREQ 4 ALERT FOR ISERIES 9406-820 0000D365B ALERT FOR ISERIES 5 9406-SWMA-FULL 9406-820 0000D365B SOFTWARE MAINT 24X7 $12,067.53 $3,572.68 $0.00 $527.48 $12,477.10 SubTotal $12,067.53 $3,572.68 $0.00 $527.48 $12,477.10 $28,644.79 $0.00 The Cny of Boynton Beach may terminate this agreement and cancel all Midrange services at any time and for any reason provided that written notice of such termination is provided to Midrange thirty (30) calendar days prior to the effective date of termination. Such termination date shall be determined by the City, The Cny shall receive a rafund from Midrange at a rate of $78,47 per day from the effective date of termination through and including January 22, 2011. Midrange shall rem' such refund to the City within thirty (30) calendar days following the effective date of termination, Tax This MIDRANGE QUOTE ("Quote") is made as of the date it is signed (referred to as the "Order Date") by both Midrange Support & Service, Inc. ("Midrange"), a Florida corporation with offices located at 1122 East Atlantic Avenue, Suile C, Delray Beach, Florida 33483, and the Customer designated above, provided however, should Customer fail to return this Quote to Midrange within thirty (30) days of receipt, this Quote shall be deemed null and void. 1 Complete description of Midrange Services is set forth on the Statement of Work in the Midrange Services Agreement. 2 COlTJllete description of third party services may be set forth in the applicable third party agreements. 3 Complete description and terms of use of third party software rmy be set forth in the applicable third party agreements_ All leases are subject to execution of the equipment lease, which shall govern the terms and use of such leased equipment. All agreements requiring signature by the Customer together are collectively referred to asthe ~Agreernents.~ The Agreements including any exhibits or attachments thereto, are hereby incorporated herein by this reference and made a part hereof. Any capitalized terms not defined hereunder shall have the meaning as set forth in the applicable Agreements. Shipping amounts will be added to invoice after the sale has been booke . Approval and Acceptance Name Date: Page 1 of 1 01/26/10 12:31 :54 l4lof375 RESOLUTION RI0- 018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESELLER QUOTE FROM MIDRANGE SUPPORT & SERVICE, INC., IN THE AMOUNT OF $28,644.79, FOR THE SUPPORT FOR THE CITY'S AS/400 HARDWARE AND OPERATING SYSTEM FOR A PERIOD OF TWELVE (12) MONTHS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City departments use SunGard Public Sector's HTE software for: general ledger, utility billing, web-based utility payments, electronic payments to vendors, business tax, payroll/personnel, human resources and other functions; and WHEREAS, in October, the City entered into an Agreement with SunGard to migrate the City's data plus SunGard's HTE applications to a larger AS/400 located remotely in their Alpharetta, GA datacenter which City ITS staff hopes to finish the migration so City Departments can "go live" on the external hosted computer this fall/winter; and WHEREAS, the attached quote from Midrange Support and Service, Inc. renews their support for the City's AS/400 hardware and operating system, and allows us to cancel the service when we finish migrating to the external AS/400; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute the Quote from Midrange Support & Service, Inc., for support of the City's AS/400 hardware and operating system for a period of twelve (12) months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve, authorize and direct the City Manager to execute the Quote from Midrange Support & Service, l420f375 Inc., in the amount of $28,644.79, for support of the City's AS/400 hardware and operating system for a period of twelve (12) months, a copy of the Quote is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) l430f375 6. G CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRES ENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-019 - Designate Jeff Livergood, Director of Public Works and Engineering, as the appointed representative to the Technical Advisory Committee (TAC) of the Palm Beach County Metropolitan Planning Organization (MPO). EXPLANA TION OF REQUEST: Resolution No. ROO-22, on March 7, 2000, approved the current City appointments to the MPO TAC, which includes Quintus Greene, Development Director, and Michael Rumpf, Planning & Zoning Director as the altemate representative. Subsequent to that action, Jeff Livergood was hired as the City's Director of Public Works and Engineering. Given that Mr. Livergood is a licensed professional engineer with over 20 years of involvement in local community traffic engineering, and is responsible for reviewing traffic reports and studies for impacts of development on the local road network, staff recommends that he replace Mr. Greene as the regular appointee to the T AC. The City of Boynton Beach is entitled to representation on the MPO TAC. The TAC is one of three advisory committees to the County's MPO. MPO's were mandated by the Federal Highway Act of 1973 to, in part, head up the transportation planning function for areas eligible for Federal and State funding for transportation system improvements. The MPO organization consists of the MPO Board, and the three advisory committees. The Technical Advisory Committee (TAC) is made up of technical staff representing the various local governments within Palm Beach County, primarily planners and engineers. The T AC is responsible for reviewing and evaluating transportation-related plans and programs for technical sufficiency before consideration by the MPO Board. l440f375 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Not appoint Mr. Livergood thereby retaining Mr. Greene as the regular appointee to the Technical Advisory Committee. l450f375 RESOLUTION NO. RIO-019 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING JEFF LIVERGOOD AS A REPRESENTATIVE TO THE TECHNICAL ADVISORY COMMITTEE TO THE METROPOLITAN PLANNING ORGANIZA TION AND APPOINTING MICHAEL RUMPF AS AL TERNA TE REPRESENTATIVE TO THE TECHNICAL ADVISORY COMMITTEE TO THE METROPOLITAN PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Technical Advisory Committee to the Metropolitan Planning Organization; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of servIce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida hereby appoints Jeff Livergood, Director of Public Works and Engineering as a representative on the Technical Advisory Committee to the Metropolitan Planning Organization and appoints Michael Rumpf, Director of Planning and Zoning as alternate representative on the Technical Advisory Committee to the Metropolitan Planning Organization. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA l460f375 Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) l470f375 6. H CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the "SURPLUS VEHICLE I EQUIPMENT LIST" as subm itted by Public Works I Fleet Maintenance and allow for the auction of the same. EXPLANATION OF REQUEST: Procurement Services has received twenty (20) items on the "SURPLUS VEHICLE I EQUIPMENT LIST" that was submitted by the Public Works I Fleet Maintenance Division (see attached listing). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles I Equipment will allow the vehicles I equipment to be auctioned by the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the Surplus Vehicles I Equipment. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The sale of Surplus Vehicles I Equipment will provide funding, control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles I equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: 501 -0000-365-01 -00 Account Description: Sale of Surplus Vehicle I Equipment ALTERNATIVES: To hold Public Auction with Staff which has been done in the past, but after expenses, it was not in the best interest of the City. l480f375 Vehicle Surplus List EouiD, Oept Year Mfo. Oeseriotion VIN Milea!:le Condition Reason Amount received 150 MS 1999 CHEVY S-10 PICKUP 1 GCCS 1442XK234052 86061 POOR BODY MECHANICAL 827 FO 2001 CHEVY BLAZER 1GNTD13W11K204656 63642 POOR BODY MECHANICAL 1121 WH 2002 CHEVY BLAZER 1GNCS12WX2K212352 97721 POOR BODY MECHANICAL 4116 PO 2001 FORD CROWN VICTORIA 2FAFP71WX1X155956 73547 FAIR BODY MECHANICAL 4126 PO 2001 FORD CROWN VICTORIA 2FAFP71W71X155963 73461 FAIR BODY MECHANICAL 4321 PO 2003 FORD CROWN VICTORIA 2FAHP71WX3X170873 53694 POOR BODY MECHANICAL 4322 PO 2003 FORD CROWN VICTORIA 2FAHP71W63X179215 131560 FAIR BODY MECHANICAL 4622 PO 2006 FORD CROWN VICTORIA 2FAFP71WX6X136542 84562 FAIR BODY MECHANICAL 4625 PO 2006 FORD CROWN VICTORIA 2FAFP71W36X136544 82832 FAIR BODY MECHANICAL 4626 PO 2006 FORD CROWN VICTORIA 2FAFP71W06X136551 86935 FAIR BODY MECHANICAL 4627 PO 2006 FORD CROWN VICTORIA 2FAFP71W06X136548 67105 POOR TRANSMISSION 4630 PO 2006 FORD CROWN VICTORIA 2FAFP71WX6X136539 77662 POOR BAD TRANS 8052 WW 1989 GOR GORMAN-RUPP PUMP 861113 POOR RUST/CORROSION 8756 REC 2007 SUZUKI EIGER 4X4 5SAAK46K9771 01301 POOR RUST/CORROSION GOLF CLUB CLUB CAR GOLF CART A9303316465 POOR NO-FUNCTIONAL GOLF CLUB CLUB CAR GOLF CART A9705557557 POOR NO-FUNCTIONAL GOLF CLUB CLUB CAR GOLF CART A9705557560 POOR NO-FUNCTIONAL GOLF CLUB CLUB CAR GOLF CART A9507424467 POOR NO-FUNCTIONAL 3858 PO 2009 FORD FOCUS 1FAHP34N19W116071 974 POOR TOTALED 4618 PO 2006 FORD CROWN VICTORIA 2FAFP71W26X138303 57680 POOR TOTALED , Totals $0.00 l490f375 6. I CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the three month period ended December 31,2009. . EXPLANATION OF REQUEST: This is the first quarterly report of the new fiscal year ending September 30, 2010. As in prior monthly reports, we are summarizing and providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for the three month period ended December 31,2009. The analysis compares . Actual results for the current period to the annual budget and . Actual results for the same period of the prior year annual budget. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The report is one of the financial reporting services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management, FISCAL IMPACT: The fiscal impact of the actual budgetary results to date for the General Fund and the Utility Fund follow. GENERAL FUND The FY 2010 annual budget of $72.5 million represents a 2% decrease from the FY 2009 budget of $73.9 million. However, in order to balance the budget in FY 2010, it required the following two non-revenue funding sources. l500f375 . A fund balance appropriation of $3.5 million and . Transfers from other funds of $22.4 million representing 31 % of all fund sources. This is an unusually high 36% of our total budget. For the three months in FY 2010, . Revenues and transfers realized are $31.6 million (44%) of the budget estimate. . Expenditures incurred are $16.6 million (23%) of the annual appropriated budget. Revenues & Transfers Expenditures Excess (Deficit) (*) The FY 2009 budget represents the final amended budget for the year. The original budget for the year was $70.7 million as noted on Exhibits A and B. The difference represented the transfer of funding sources and an equal amount of expenditures from the Fire Assessment Fund. FY 2010 Annual Actual to Date Budget Amount % $ 72,537 $ 31,669 44% $ (72,537) $ (16,670) 23% $ - $ 14,999 FY 2009 Annual Actual to Date Budget (*) Amount % $ 73,963 $ 28,965 39% $ (73,963) $ (21,310) 29% $ - $ 7,655 FY 2010 vs. 2009 Budget Actual % % -2% 9% -2% -22% The following summarizes the major revenues and expenditures to date. Revenues & Transfers {Exhibit A} - Overall, with $31.6 million received to date, we are slightly ahead, but generally on track for receiving estimated funding sources; both at this point in time during the fiscal year and in comparison to last year for individual sources. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the budget: 1. 36% - $ 26.0 M - Property taxes less Tax Increment Financing to the CRA The majority of property taxes are received in December (versus ratably over the year) and the CRA is sent 100% of their taxes in December. We monitor receipts in % comparison to last year. 2. 36% - $ 25.9 M - Transfers from other funds and Fund balance appropriated Current practice is to make 1/12 of these funding sources available to the General Fund monthly. We initiated this midway last year. 3. 28% - $ 20.6 M - We monitor all other revenues closely comparing to last year. 100% - $ 72.5 M - Total funding sources Expenditures (Exhibit B) - General Fund expenditures to date are $16.6 million (23%) of the $72.5 million expenditure appropriation for FY 2010. The current appropriation represents a 2% decrease of $1.4 million compared to FY 2009. The graph at the bottom of Exhibit B displays actual expenditures of $16.6 million are on track with the budget yet below the $21.3 million actual spending levels in FY 2009 for this same period. l5lof375 UTILITY FUND The FY 2010 annual expenditure budget of $33.0 million represents nearly a 7% decrease from the FY 2009 budget of $35.4 million. At the same time, necessary rate increases result in an estimated $2.4 million fund balance increase to offset the FY 2009 deficit of $4.8 million. In FY 2009, with declining water consumption, revenues were insufficient to cover the expenditure budget resulting in a necessary appropriation of fund balance of $4.8 million last year to cover the budgeted expenditures. Considering the need to balance the budget and make up for the budgeted deficit, the following occurred last year. . Necessary rate increases were approved and put in place on May 1 resulting in added revenues of $2.5 million to partially offset the $4.8 million estimated deficit. . Added expenditure reductions were implemented resulting in actual expenditures of $30.0 million vs. the $35.4 million originally appropriated; resulting in a $5.4 million savings of 15%. For the three months (25%) of FY 2010, . Revenues realized are $8.3 million (25%) of the annual budget estimate. . Expenditures incurred are $7.5 million (23%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $844 thousand. Revenues Expenditures Excess (Deficit) The following provides brief comments on revenues and expenditures to date. FY 2010 Annual Actual to Date Budget Amount % $ 33,034 $ 8,357 25% $ (33,034) $ (7,513) 23% $ - $ 844 FY 2009 Annual Actual to Date Budget Amount % $ 35,442 $ 8,342 24% $ (35,442) $ (7,127) 20% $ - $ 1,215 FY 2010 vs. 2009 Budget Actual % % -7% 0% -7% 5% Revenues (Exhibit C) - The $8.3 million in FY 2010 revenues and fund balance appropriation substantially equals the $8.3 million to date in FY 2009, but with two distinctive differences: . Water Sales - $4.2 million = 27% of the annual estimate, compared to $2.7 million at this point in FY 2009. This $1.5 million difference results from water rate increases are fully in place this year whereas they were not implemented in FY 2009 until May 1, 2009. . Last year in FY 2009, $1.2 million of fund balance appropriation was recognized as a funding source. However, this year in FY 2010, we are recognizing a return to fund balance of $616 thousand. The May 1, 2009 water and sewer rate increases should provide for adequate bond debt service coverage that was in jeopardy prior to the increases. Expenditures (Exhibit D) - Utility Fund expenditures to date are $7.5 million or 23% of the l520f375 annual appropriation compared to the 25% portion of the current FY 2010 elapsed budget period. Individual percentage variances are noted on Exhibit D noting that all departmental accounts are operating within their budget at this point in the year. ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. l530f375 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2009 (25% of Fiscal Year) REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES $ 30,343,000 $ 23,828,188 79% $ 35,013,460 23,050,150 66% LESS TIF TAXES TO CRA (4,258,000) (4,238,364) 100% 15,243,8201 (1,310,955) 25% NET TAXES TO THE CITY 26,085,000 19,589,824 75% 29,769,640 21,739,195 73% LICENSES AND PERMITS FRANCHISE FEES 4,820,000 1,385,696 53% 5,121,000 449,324 9% BUSINESS TAXES 1,217,000 1,219,490 100% 1,391,000 1,266,010 91% BUILDING PERMITS 835,000 (31,730) -4% 3,950,000 222,266 6% PUBLIC SERVICE TAXES 0% - 155,172 0% OTHR LICENSES, FEES & PER 205,000 109,136 53% 196,000 94,717 48% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 773,000 6,969 1% 210,000 129 0% STATE SHARED REVENUES 5,785,000 1,405,882 24% 6,657,000 821,276 12% SHRD REV FROM OTHR LCL 515,000 44,056 9% 505,000 46,937 9% STATE GRANTS 0% - 0% CHARGES FOR SERVICES PYMTSIN LIEU OF TAXES 86,000 0% 86,000 85,962 100% CHRG5-GENERAL GOVT 293,000 70,941 24% 290,406 73,050 25% PUBLIC SAFETY 4,345,000 1,140,248 26% 4,236,925 1,091,943 26% PHYSICAL ENVIRONMENT 715 0% 5,000 5,060 0% CUL TIJRElRECREATION 284,000 90,826 32% 312,000 82,438 26% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 148,000 41,361 28% 103,000 32,721 32% INTEREST EARNINGS 757,000 48,317 6% 1,100,000 172,316 16% RENTS AND ROYALTIES 216,000 60,199 28% 234,000 53,634 23% SALE OF SURPLUS MATERIAL 3,000 152 5% 3,000 959 32% LIBRARY FINES 30,000 6,035 20% . 0% OTHER MISC. REVENUE 217,000 50,149 23% 377,000 24,762 7% INTERNAL FUND TRANSFERS TRANSFERS 22,423,334 5,555,834 25% 11,612,000 1,390,500 12% FUND BALANCE APPROPRIATED 3,500,000 875,000 25% 4 630 000 1,157,500 25% Total Revenues $ 72,537,334 $ 31,669,100 44% $ 70,788,971 28,965,873 41% $80,000 Two Year Cumulative Revenue Comparison and CFY Budget - ($ in thousands) $72.537 $70,000 $60,000 $58,13~ ~ SS5,4Sj .x- - - - $S:,:I~)t' -- P'" $47,825 x: $4J.:~-~~- -- $50,000 $40,000 $30,000 $20,000 Oct Nov De< Jan Feb M" Ap' May Jun Jul Aug Sep - ~- - Cumulative 09 Actual .. >1(.. Cumulative 10 Actual - Projected 10 Budget S:lJlinance\Financial Repons\Monthly Financial Reports\FY2009_2010\Budget Review - GF - thru Dee 09 SwnmarizedOOl Revenue Summary Revised l540f375 112012010 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31,2009 (25% of Fiscal Year) EXPENDITURES ~ 2010 FY 2010 TO DATE 2009 FY 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 251,816 $ 82,541 33% $ 423,814 $ 111,275 26% CITY MANAGER 609,667 140,744 23% 639,605 171 ,097 27% CITY HALUGEN. ADMIN. 1,710,091 368,085 22% 1,936,072 381,574 200/0 PUBLIC AFFAIRS 148,760 31,497 21% 182,064 41,691 23% CITY CLERK 566,184 113,041 20% 558,899 131,144 23% CITY ATTORNEY 468,486 155,186 33% 480,375 101,133 21% FINANCIAL SERVICES 1,230,307 285,861 23% 1,247,864 367,399 290/0 ITS 1,752,573 294,624 17% 1,866,368 436,048 230/. GEOGRAPHICAL INFO SYSTEMS 429,734 127,169 30% 430,164 101,181 24% HUMAN RESOURCES 1,003,256 215,747 22% 989,804 227,867 230/. ORGANIZATIONAL DEVELOF 163,320 34,893 21% 198,891 35,513 180/. PUBLIC SAFETY COMMUNICATIONS 2,112,163 484,759 23% 2,384,971 635,611 270/. POLICE 24,709,489 5,679,660 23% 24,321,484 7,687,717 320/. CODE COMPLIANCE 1,145,398 254,432 22% 1,261,445 323,033 26% FIRE 19,378,362 4,489,110 23% 15,539,222 5,822,044 370/. EMERGENCY MANAGEMENT 113,430 17,331 15% 116,300 22,162 190/. ANIMAL CONTROL 189,965 38,610 20% 201,023 51,338 280/. BUILDING & DEVELOPMENT DEVELOPMENT 418,153 101,568 24% 412,826 129,227 31% BUILDING 1,901,548 436,673 23% 2,368,068 570,018 24% ENGINEERING 903,633 216,095 24% 937,154 265,119 280/. PLANNING & ZONING 932,393 218,587 23% 991,450 285,444 290/. BUSINESS TAlI 301,380 68,915 23% 297,936 85,479 290/. PUBLIC WORKS PUBLIC WORKS 296,696 70,561 24% 296,412 92,041 31% FACILITIES MANAGEMENT 1,792,831 442,512 25% 2,009,496 449,816 220/. STREETS MAINTENANCE 1,005,637 183,282 18% 1,175,287 236,979 200/. LEISURE SERVICES LI BRARY 2,518,134 568,596 23% 2,600,620 644,919 25% RECREATION 2,623,280 573,458 22% 2,771,735 755,124 270/. FORESTRY & GROUNDS 1,647,828 319,331 19% 1,824,643 353,502 190/. PARKS MAINTENANCE 2,212,820 526,426 24% 2,324,939 691 ,314 300/. eRA REIMBURSABLE & RESERVE~ 130,884 0% 103,973 0% Total Expenditures $ 72,537 334 $ 16,670,178 23% $ 70,788 971 $ 21,310,782 300/. $80.000 170.000 $60,000 150.000 $40,000 130.000 $20,000 .x-- $13,245 ",...."'" X/ $6,851 6,045 $10.000 $0 Oct Iu1 Sop Nov Dee Ian Fob Ma, Ap' May Jun Aug I --X -- Cumulative 09 Actual --. * -- Cumulative 10 Actual - Budget 2010 I S;\Finance\Financial Reports\Monthly Finandal Reports\FY2009_201O\Budget Review - OF - thru Dee 09 SurnrnarizedOOI Expenditure Summary Revised l550f375 112012010 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2009 (25% of Fiscal Year) REVENUES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 15,715,140 $ 4,228,459 27% $ 12,100,000 $ 2,756,989 23".. WATER CONNECTION FEE 80,000 2,635 3% 80,000 6,235 8% WATER SERVICE CHARGE 275,000 95,676 35% 200,000 43,950 22% WTR.BACKFLOW PREVNTR TEST 36,000 6,638 18% 16,140 RECLAIMED WATER SALES 50,000 0% SEWER SERVICE 15,675,150 3,756,823 24% 13,825,000 3,403,975 25% STORMWATER UTILITY FEE 3,315,0lI0 842,713 25% 3,315,0lI0 826,839 25% TELEVISE SEWER LINES 1,000 0% 10,000 0% FEES 5,000 1,732 35% 50,000 0% INTEREST INCOME 220,000 9,n3 4% 840,000 31,631 4% SALE OF SURPLUS EQUIP. 1,000 0% 1,000 0% OCEAN RGE UT TAX ADM CHG 500 132 26% 500 81 0% BAD DEBT RECOVERIES 1,500 329 22% 3,000 310 10% MISCELLANEOUS INCOME 22,000 3,065 14% 30,000 8,945 30% TRANSFER FROM 101,000 25,250 25% 101,000 25,250 25% FUND BALANCE APPROPRIATED (INCR.! 12 464 0371 (616,009) 25% 4887 153 1,221,788 25% TOTAL REVENUES $ 33,034,253 $ 8,357,216 25% $ 35,442,653 $ 8,342,133 24% $40.000 Two Year Cumulative Revenues Comparison and CFY Budget. ($ in thousands) "'~8.014 ;tI";,,;' ... X$34,.'i46 $33 034 /' . /' ...X;3I.I14 /''' ...X~7.507 /' X;~ , . , ",...;" $31).000 $20.000 .$10.000 $0 Oct Nov Dee Jan Feb M.. A",- M.y Jun Jill Aug Sep --)E- Cumulative 09 Actual ...)1(.. 'Cumulative 10 Actual -+- Budget 20101 S:\Finance\Financial Reports\Monthly Financial Reports\FY2009_201 O\Budget Review - UF -1hrLJ Dee 09 Summarized401 Rev Sum l560f375 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended December 31, 2009 (25% of Fiscal Year) EXPENDITURES FY 2010 FY 2010 TO DATE FY 2009 FY 2009 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,507,154 $ 368,177 24% $ 1,687,111 $ 439,331 26% PUBLIC WATER TREATMENT 6,516,602 1,447,042 22% 6,672,154 1,567,211 23% METER READING & SERVICES 1,051,402 220,228 21% 1,209,520 235,941 20% WASTEWATER COLLECTION 1,654,560 380,612 23% 1,794,768 450,787 25% WASTEWATER PUMPING STAT1IIS 2,487,958 556,915 22% 2,574,901 597,856 23% SEWAGE TREATMENT 3,421,600 672,573 20% 4,505,000 663,193 15% WATER QUALITY 572,069 128,631 22% 578,888 155,403 27% UTILITY ADMINISTRATION 1,884,606 386,788 21% 2,011,468 502,371 25% GENERAL ADMINISTRATION 5,525,535 1,305,135 24% 5,727,921 1,226,594 21% UTI LITES ENGINEERING 1,220,704 282,537 23% 1,274,598 344,882 27% STORMWATER MAINTENANCE 614,239 115,446 19% 899,485 163,979 18% CUSTOMER RELATIONS 1,215,189 298,557 25% 1,202,174 338,065 28% DEBT SERVICE 5,362,635 1,350,722 25% 5,304,665 441,704 8% RESERVES - 0% - 0% Total Expenditures $ 33,034,253 $ 7,513,363 23% $ 35,442,653 $ 7,127,297 20% $40,000 Two Year Cumulative Expenditures Comparison and CFY Budget- ($ in thousands) $3 034 $30,090 $30,000 $10,000 / / ~ x,;;~; ~X--- ......._....... $25.022 ...... .-X$22.980 ~~ ~~X-;',512 ~~ ~X;1~,845 _/__:X$;4~:- $12,991 $20,000 $3,885 $0 Oct Nov Dee Jan Feb Mac Ap' May JUll Jul Aug Sep --)( -- Cumulative 09 Actual --. ~--. Cumulative 10 Actual --+- Budget 2010 I S:\Finance\Financial Reports\Monlhly Financial Reporls\FY2009_2010\Budget Review - UF -Ihru Dee 09 Summarized401 Exp Sum l570f375 6. J CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve the proposed monuments commemorating "Gold Star Mothers" and "POW I MIA's"; and, four (4) commemorative benches, as funding permits. EXPLANATION OF REQUEST: The Boynton Veterans' Council is offering to fund these monuments to be placed at the Veterans' Memorial at Bicentennial Park. The Boynton Beach Veterans' Advisory Commission voted on January 13, 2010, to recommend that the City Commission accept these monuments for placement at Bicentennial Park. All costs are to be borne by the Boynton Veterans' Council, as funding permits. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Recreation & Parks Department will be authorized to site the monuments as there are other monuments located within the Park. The Boynton Veterans' Council will be required to provide signed and sealed drawings of the foundations which will need to be submitted to the Permitting offices for approval. The Boynton Veterans' Council will also be required to provide signed and sealed reports from an engineer affirming that the monuments will withstand the required wind load, which must be submitted in conjunction with the foundation permit applications. These requirements have been noted to and accepted by the Co-Chair of the Boynton Veterans' Council. FISCAL IMPACT: The Boynton Veterans' Council has agreed to fund these projects at no cost to the City, as funding permits. ALTERNATIVES: Reject the offer of the Boynton Veterans' Council. l580f375 J illS Advismy Cornrnimionf Vista Fut\ll'e Monumerds3 2010 03 ,doc BICENTENNIAL PARK 4UN.QRJH,VEPE,RN"JUCJfWAV APPROVED & PLANNED MONUMENTS NOTE Specific locations will be field located to assure proper spacing, This map is a concepbJal rendering, 6. K CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Authorize City Administration to exercise the City's Lease Option or Buy Out Option rights under the existing contractual agreements as approved in 2006 . EXPLANATION OF REQUEST: At the November 21, 2006, Commission meeting, Commission approved a three (3) year lease of (44) copier machines from Konica Minolta piggy-backing three (3) different government contracts. Most of the Leases expired as of January 31, 2010. State Contract: The majority of the copiers were leased through the State Contract and currently we have the option to extend the current lease for (2) additional (1) year periods as long as we agree to maintain a service agreement to include supplies and toner. We are given the option that anytime during this lease term we can cancel with no penalty. GSA Contract: The copiers leased on a GSA contract were a "Lease to Own" and after (3) years we currently have the option to purchase these machines for $1.00 each. The (3) machines that are on GSA Schedule pricing are (3) 450 Magic Colors and the (1) 920 which will not expire until September 20, 2010. Cll Broward County Contract: The CIT lease for three (3) Magic Color copiers were leased on a "competitive open market" and are also on a "Lease to Own" contract. We can purchase these three (3) magic color copiers and the two (2) coin operated Jamex copiers for $1.00 each and maintain a service agreement to include supplies and toner. In November 2009, Procurement Services sent a survey to all departments to get a sense of what the departments would want to change/upgrade if we were to solicit a bid. The responses were unanimous and that they are satisfied with the current equipment and that all the machines are in very good condition. Therefore after all was considered by staff it was l600f375 determined that the "Buyout/Lease Option" program was in the best interest of the City. By opting to take advantage of this program, the savings is significant as opposed to the cost of leasing all new equipment. The three different contracts with terms and conditions are as follows: . STATE CONTRACTS: Leasing for an additional year with the option to renew for one more year. All copiers offer maintenance agreements to include supplies and toner. The proposed annual cost will be: $31,879.92. Three (3) copiers will not expire until 2011: (Carolyn Sims, Parks, Recreation Admin.) . GSA CONTRACTS: These leases offer a "Buy Out" Program at the end of the lease agreement for $1.00/copier. Currently we have (3) Magic Color copiers. We have the option to buy them and to purchase a service agreement for one year in the amount of $10,087.68. One (1) copier will not expire until 2011 (City Clerk's office) Broward County Contract: Offers a "Buy Out" Program for (3) Magic Color copiers and two (2) coin operated Jamex copy machines for a total of: $1,340.40. One copier will not expire until 2011 (Library). CONTRACT CURRENT COST PROPOSED SAVINGS COSTS GSA $22,545.96 $10,087.68 $12,458.28 CIT Broward $4,765.68 $1,340.40 $3,425.28 STATE $74,072.04 $31,879.92 $42,192.12 TOTALS $101,383.58 $43,308.00 $58,075.68 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By taking advantage of the "Buy Out/Lease option, staff would not have a transition period that otherwise would take place upon leasing new equipment. FISCAL IMPACT: The City will experience a significant savings of: $58,075.58 this year. ALTERNATIVES: Lease all new equipment at a higher cost which is not necessary and would not be in the best interest of the City. l6lof375 CITY OF BOYNTON BEACH KONICA MINOL TA PROPOSAL Financial Service $ 158,70 $ 65,18 $ 93,52 $ 1 122.24 Carol's Office $ 158,70 $ 65,18 $ 93,52 $ 1122,24 Police Denartment $ 175,66 $ 65,18 $ 110,48 $ 1.325,76 $ 313,80 $ 157,37 $ 156,43 $ 1,877.16 $ 158,70 $ 65,18 $ 93,52 $ 1 122.24 $ 158,70 $ 65,18 $ 93.52 $ 1,122,24 Pistol Ranoe $ 299,52 $ 157,37 $ 142,15 $ 1 705,80 $ 383,26 $ 183,32 $ 199,94 $ 2,399,28 Police Deoartment 2 $ 158,70 $ 65,18 $ 93,52 $ 1,122,24 Citv Attornev $ 158,70 $ 65,18 $ 9352 $ 1122,24 City Mananer Office $ 182,38 $ 65,18 $ 117,20 $ 1 406,40 Code Comoliance $ 158,70 $ 65,18 $ 93,52 $ 1 122.24 Lobbv $ 175,66 $ 65,18 $ 110,48 $ 1 325,76 Plannina & Zonina $ 384,30 $ 183,32 $ 200,98 $ 2,411,76 Human Resources $ 158,70 $ 65,18 $ 93,52 $ 1,122,24 iTS DeDartment $ 158,70 $ 65,18 $ 93,52 $ 1,122.24 Librarv $ 175,66 $ 65,18 $ 110,48 $ 1 325,76 East Utilitv Admin $ 28918 $ 157,37 $ 131,81 $ 1,581,72 $ 186,83 $ 65,18 $ 121.65 $ 1,459,80 West Water Admin $ 158,70 $ 65,18 $ 93,52 $ 1.122.24 East Water Plant $ 158,70 $ 65,18 $ 93,52 $ 1,122,24 Communications $ 213,82 $ 65,18 $ 148.64 $ 1,783,68 Facilitv Mananement $ 158,70 $ 65,18 $ 93,52 $ 1 122.24 Public Works Deoartment $ 158,70 $ 65,18 $ 93.52 $ 1,122,24 Civic Center $ 181.50 $ 65,18 $ 116,32 $ 1,395,84 Intracoastal Clubhouse $ 158,70 $ 65,18 $ 93,52 $ 1122,24 Hester Community Center $ 158,70 $ 65,18 $ 93,52 $ 1,122,24 Senior Center $ 158.70 $ 65,18 $ 93,52 $ 1,122,24 Activltv Center $ 158,70 $ 65,18 $ 93,52 $ 1,122,24 Risk Mananement $ 158,70 $ 65,18 $ 93,52 $ 1,122.24 Fire Station 3 $ 181,50 $ 65,18 $ 116,32 $ 1,395,84 OLD State Contract Lease Police Deoartment $ 173,00 $ 123,23 $ 49,77 $ 597,24 Total State Contract $ 6,172.67 $ 2,656.66 $ 3,516.01 $ 42,192.12 PREPARED BY REBECCA TIPPY JANUARY 25, 2010 l620f375 CITY OF BOYNTON BEACH KONICA MINOL TA PROPOSAL CIT Leases Financial Services* $ 74,68 $ 20.84 $ 53.84 $ 646.08 Police Pistol Ran e* $ 74.68 $ 20.84 $ 53.84 $ 646.08 Communications* $ 74.68 $ 20.84 $ 53.84 $ 646.08 $ 86.55 $ 24,59 $ 61.96 $ 743.52 $ 86.55 $ 24.59 $ 61.96 $ 743.52 Cit Total $ 397.14 $ 111.70 $ 285.44 $ 3,425.28 GSA Leases Fire Station NO.5 $ 647.28 $ 240.00 $ 358.28 $ 4,299.36 $ 49.00 Libra $ 586.22 $ 102.00 '" 370,58 <I' 4,446.96 .p ..p $ 113.64 Customer Service $ 645.33 $ 314.00 $ 309.33 $ 3,711.96 $ 22.00 GSA Total $ 1,878.83 $ 840.64 $ 1,038.19 $ 12,458.28 PREPARED BY: REBECCA TIPPY JANUARY 25,2010 l630f375 CITY OF BOYNTON BEACH KONICA MINOL TA PROPOSAL State Contract Leases - Not expirin Carol n Sims Center+A236* $ 158.70 $ 65.18 $ 93.52 $ 1,122.24 $ 158.70 $ 65.18 $ 93.52 $ 1,122.24 Recreation Administration* $ 158.70 $ 65.18 $ 93.52 $ 1,122.24 Total State Not Expirin $ 476.10 $ 195.54 $ 280.56 $ 3,366.72 CIT Leases-Not expirin Libra * $ 334.54 $ 297.15 $ 37.39 $ 448.63 Total CIT Not Expiring $ 334.54 CI:: 297.15 $ 37.39 CI:: 448.63 'I' "'" GSA Leases-Not expirin Cit Clerk* $ 1,012.06 $ 315.00 $ 697.06 $ 8,364.72 Total GSA Not Expiring $ 1,012.06 $ 315.00 $ 697.06 $ 8,364.72 PREPARED BY: REBECCA TIPPY JANUARY 25, 2010 l640f375 6. L CONSENT AGENDA February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM ~ CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review and approve FY2011 Federal Appropriations subm ittals. EXPLANATION OF REQUEST: City staff has received a request from Congressman Ron Klein to submit any project(s) for which we may be seeking federal funding. This can be in the form of specific agency funding or a special appropriation. Attached to this cover sheet is the list of fourteen projects city staff and the CRA have assembled for consideration. Staff has identified six projects as "priority" projects. They are noted with an asterisk. Staff is requesting the City Commission review and prioritize the list of projects and direct staff as to which projects they would prefer are submitted for consideration of appropriation funding. After submittal of the appropriations requests, city staff will then work directly with legislative office liaisons to track the requests and obtain federal legislative endorsements for the submittals. Part of the process will be to acquire Senate sponsorships. Congressman Klein's submittal deadline is February 12, 2010. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? The projects that city staff would like to submit for consideration of FY 2011 Federal Appropriations funding is listed in Attachment A. FISCAL IMPACT: Funding, if approved would reduce local funding costs for the projects listed. ALTERNATIVES: Not to approve applying for FY 2011 Federal Appropriations funding. l650f375 City of Boynton Beach, Florida Congressionally Directed Funding Request Summary January 2010 Municioal Proiects *NOTE: Projects marked with an asterisk are staff identified priorities. 1. Con2ress Avenue Community Park: a. Project Description: Construction of a 13 acre barrier-free community park including a 4,000 to 8,000 sq. ft. therapeutic recreation building built to LEEDS or Florida Green Building Coalition standards. Park amenities (water play features, playgrounds, strolling paths, eco-education) will satisfy the needs of all ages and disabilities for Boynton Beach residents as well as those in surrounding communities. b. Estimated cost: $8,900,000 c. Employment opportunities: Anticipate creation of50-l00 construction jobs and two full time equivalent positions. 2. Hester. Tennis Center and Pence Parks Li2htin2/Field Retrofit: a. Project Description: Conversion of existing natural turf ball fields at Hester and Pence parks to synthetic turf thereby eliminating the use of chemicals, fertilizers and potable water for field maintenance and conversion of ball field lighting at Pence Park and courts at the Tennis Center to computer controlled lighting for energy conservation. b. Estimated cost: $2,165,000 c. Employment opportunities: Anticipate creation of35 construction jobs. 3. Quantum Eco Park: a. Project Description: Development of an "eco" park using LEEDS or other "green" design principals. Amenities to include trails through natural areas, nature center for environmental education, interpretive exhibits, rock garden, butterfly garden, botanical areas, arboretum, picnic area, play areas, lake and kayak/canoe launch. This will also serve as a link in the City's greenway/blueway (waterway) system. The nature center will be the City's center for environmental education and sustainable use. b. Estimated Cost: $4,500,000 c. Employment opportunities: Anticipate creation of25-50 construction jobs and three new full time equivalent maintenance positions. 4. Municioal Grounds Landscaoe Retrofit: a. Project Description: Upgrade landscaping to replace large turf areas with native plantings to reduce reliance on potable water supplies. Project would also result in the l660f375 reduction of fertilizer/chemical applications in the majority of building grounds and roadway medians. b. Estimated cost: $1,000,000 c. Employment opportunities: Anticipate creation of 15 construction jobs. * 5. Library Enen!:Y Retrofit a. Project Description: Place the emergency lighting circuit onto a motion/occupancy sensor; allowing all lights to be off in the Library with the building is unoccupied. b. Estimated cost: $40,000. c. Employment Opportunities: Anticipate creation of 6 construction jobs. 6. Firefi2hter Personal Protective Eauioment a. Project Description a.1.) Firefighting Bunker Gear - This life saving safety equipment is necessary in order for personnel to be fully protected from the hazardous atmospheres associated with structure fires. Due to recent budgetary limitations the Department was unable to maintain its on-going replacement program allowing replacement of this gear every five years as outlined in professional industry standards. b. Estimated Cost: $45,000 The cost to outfit a firefighter with protective bunker gear is approximately $2,000.00. The Department is presently in need of 22 sets of bunker gear at a cost of $45,000.00. a.2.) Self Contained Breathing Apparatus - With the recent addition ofPire Station 5 and associated resources the Department added another fire engine to its fleet of first response vehicles. Traditionally the annual budget process allows for the regular replacement and addition of SCBA's necessary to equip all in-service vehicles. Due to the current economic environment it was not possible to maintain the SCBA purchasing program at the same level as past years. There is a need to acquire six additional SCBA units and associated equipment. This funding will allow the department to appropriately equip front line apparatus and support efforts to maintain previous replacement standards. An appropriation of funding for these programs will allow the department to adequately equip firefighters and apparatus with the necessary safety equipment to perform their duties effectively and safely. b. Estimated Cost: $32,000 The cost of a single compliant self contained breathing apparatus (SCBA) with air cylinder is in access of $5,000.00. A total of six SCBA and associated equipment with an estimated cost of $32,000.00 is needed. c. Employment Opportunities This funding will support the employment of persons involved in the manufacture, sales, maintenance and end users of this safety equipment. Estimated job retention of 50. * 7. Resoonse Time Initiative a. Project Description l670f375 The Department is currently in process of managing a partially funded Palm Beach County EMS grant to facilitate the installation of access gate pre-emption devices to support reduced response times to private access communities. This project is not included as part of the Department's annual budget process, however the reduction of response times has been identified as a priority in support of the agencies effort to achieve enhanced professional accreditation and reduction of victim mortality and morbidity. b. Estimated Cost: $50,000 In order to complete this program and reduce response times citywide it will be necessary to identify an additional $50,000.00 necessary to purchase an additional 40 electronic controlling systems c. Employment Opportunities Funding of this project will support employment to those in the manufacturing, sales, and maintenance industries. Estimated j ob retention of 25 8. EMS Cardiac Chest Compression System a. Project Description The Fire Rescue Department's Medical Director has identified the need to enhance current medical protocols to include the new MICR CPR guidelines to provide patients experiencing cardiac arrest with an initially 3-rounds of 200 chest compressions in the first several minutes of the on-set of cardiac arrest. New automated chest compression systems (Lucas for example) now allow personnel to deliver the recommended treatment within the new recommended protocol guidelines and accepted standard of care in the medical industry. b. Estimated Cost: $95,000 The cost to implement this program and purchase the necessary equipment totals $95,000.00. It is not possible to fund this project with current limited funding. c. Employment Opportunities Funding of this project will support employment to those in the manufacturing, sales, and maintenance industries. Estimated j ob retention of 25. Community Redevelooment A2:encv (CRA) Proiects * 9. Bovnton Harbor Marina Redevelopment a. Project Description Located in a designated redevelopment area, this $7.5M project is a redesign of an historic waterfront area. The marina is a key component to the redevelopment of the traditional downtown in Boynton Beach. Elements of the project include a new waterfront public park, restrooms, landscaping, public art, lighting, pedestrian walkways and water features. The project is designed to attract visitors and residents to Boynton Beach to enjoy access to the water and patronize the local businesses. b. Estimated cost: $7.5 million c. Employment opportunities: Approximately 75 jobs will be created including construction and engineering positions. l680f375 * 10. Martin Luther Kin2. Jr. Boulevard Streetscaoe a. Project Description This project is part of the implementation of the Heart of Boynton Community Redevelopment Plan and is a key component to the redevelopment of the Martin Luther King, Jr. Blvd. once a thriving epicenter of the African-American business community. Project elements include new streetlights, landscaping and art features. b. Estimated cost: $1.5 million c. Employment opportunities: Approximately 60 jobs will be created including construction and engineering jobs. * 11. Sara Sims Park Reconstruction a. Project Description The improvement of this neighborhood park in the Heart of Boynton neighborhood will encourage private reinvestment in the construction of new single-family homes. Currently the park is underutilized. The park is also home to an historic African- American cemetery. Proposed improvements include new irrigation system utilizing reclaimed water, decorative lighting, new restrooms, walking trails, a native plant eco- system to provide the nearby elementary school with an outdoor learning area, public gathering areas for events and public art created by neighborhood artists. b. Estimated cost: $2.0 million c. Employment opportunities: Anticipate creation of approximately 25 design, engineering, & construction jobs and two (2) maintenance jobs. Total Value of General Municipal Projects: $16,827,000 Total Value of CRA Projects: $11,000,000 Total Employed - General Municipal- 306 Total Employed - CRA - 162 City Utility Proiects 12. Stormwater Mana2ement/Swale Imorovements at Seacrest Corridor a. Project description Potable water main replacement and stormwater improvements b. Estimated Construction Cost $7,529,597 c. Estimated employment opportunities 100 people will be employed as construction jobs 13. Perimeter Protection and Surveillance Entrv Notification a. Project description Security improvements for water treatment and other utilities facilities b. Estimated Construction Cost $227,670 l690f375 c. Estimated employment opportunities 3 people will be employed as construction jobs * 14. Wellfield Interconnection Raw Water Main a. Project description New 36-inch diameter raw water main, approximately 6 miles in length, to transmit partially treated water from the western wellfield to the East Water Treatment Plant b. Estimated Construction Cost $20,103,000 c. Estimated employment opportunities 267 people Total Value of City Utility Projects: $27,860,267 Total Employed: 370 Grand Total Value of Municipal (General + Utility) projects: Grand Total Value ofCRA Projects: Overall Total: $44,687,267 $11.000.000 $55,687,267 Grand Total Projected Employment for all Projects: 838 Contact Information on Project List: Overall questions on this list may be directed to Kurt Bressner, City Manager, City of Boynton Beach, FL at 561-742-6010 or via e-mail atbressnerk@bbfl.us KB/LL/CL/JL/DM: 1/26/10 l700f375 7. A BIDS AND PURCHASES OVER $100,000 February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL i:8J BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Authorize City staff to seek proposals from contractors currently performing utility installation work for FPL and Palm Beach County for the installation of the City's 36" water main on Military Trail. EXPLANATION OF REQUEST: The City is anticipating the construction of a new 36" water main along Military Trail. Palm Beach County has approached the City with respect to the construction of the water line in conjunction with the resurfacing of Military Trail, which is expected to occur during 2010. In order for the City to move forward expeditiously with the design and contracting for the construction of the water line, it has been suggested that the City "piggyback" on the contract that has been issued for the construction of the County's reclaimed water line from the East Central Regional Wastewater Treatment Plant to the new FPL Energy Plant in west-central Palm Beach County. If the water line is not constructed in conjunction with the County's resurfacing of the roadway, the County would likely not grant the City authorization to install the water main, as that would require the removal of the new roadway. Therefore, it is in the City's best interests to have the water main installed in conjunction with the County's Military Trail resurfacing project. The City Attorney's Office has reviewed the process by which the Contractors for the County's reclaimed water line were selected. The process involved the County entering into an Agreement with Florida Power and Light (FPL), in which FPL requested proposals from contractors through a competitive bidding process reviewed by the County. FPL then selected the lowest, responsive bidders to enter into an Agreement with FPL for the construction of the reclaimed water line. The County reviewed and approved the process that FPL used, pursuant to the agreement entered into between the County and FPL. 171 of 375 If the City Commission authorizes the "piggybacking" of the contracts, City staff will request proposals from the two contractors that are currently performing the construction of the reclaimed water line. The final contract for the construction of the City's water main along Military Trail would be presented to the Commission for approval. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will be able to construct the water line in a more expeditious manner, rather than waiting to develop its own Request for Proposals, and through its own bidding process. The new water line would allow the City to reduce treatment costs, and meet the demands of future growth by pumping water from its western wellfield to the East Water Treatment Plant. FISCAL IMPACT: At this time, the estimated cost of construction of this portion of the water main is approximately $1,000,000 ALTERNATIVES: Direct City staff to prepare a Request for Proposals for the construction of the water main, and request the County to delay the resurfacing project along Military Trail. H:\1990\900182,BB\AGENDAS\Agenda Sheet 2-2-10 (Military Trail Watermain),doc l720f375 UNIT PRICE SCHEDULE ITEMS QUANTITY UNIT UNIT PRICE TOTAL No. Equipment Description 40.a. 36" DIP Water 40,300 Linear $115.25 $4,644,575.00 Main/Reclaimed Water Main Feet 36" DIP Restrained Joint Linear 40.b. Water Main/Reclaimed 4,500 Feet $138.25 $622,125.00 Water Main Relocate existing 6" Water Main (30' of 6" DIP). Center 40.m 20' length of restrained joint 1 Each $4,175.00 $4,175.00 water main and 4-45 degree elbows as required for clearance Relocate existing 6" Wastewater Main (30' of 6" DIP). Center 20' length of 40.n restrained joint wastewater 1 Each $4,175.00 $4,175.00 main and 4-45 degree elbows as required for clearance Relocate existing 8" Water Main (30' of 8" DIP). Center 40.0 20' length of restrained joint 2 Each $4,725.00 $9,450.00 water main and 4-45 degree elbows as required for clearance Relocate existing 8" Wastewater Main (30' of 8" DIP). Center 20' length of 40.p restrained joint wastewater 1 Each $4,800.00 $4,800.00 main and 4-45 degree elbows as required for clearance Relocate existing 10" Water Main (30' of 1 0" DIP). 40.q Center 20' length of 1 Each $5,200.00 $5,200.00 restrained joint water main and 4-45 degree elbows as required for clearance Relocate existing 10" Wastewater Main (30' of 1 0" DIP). Center 20' length of 40.r restrained joint wastewater 1 Each $6,000.00 $6,000.00 main and 4-45 degree elbows as required for clearance CONTINUED ON NEXT PAGE UNIT PRICE SCHEDULE ITEMS QUANTITY UNIT UNIT PRICE TOTAL No. Equipment Description Relocate existing 12" Water Main (30' of 12" DIP). 40.s Center 20' length of 1 Each $5,800.00 $5,800.00 restrained joint water main and 4-45 degree elbows as required for clearance 173 of 375 Relocate existing 12" Wastewater Main (30' of 12" DIP). Center 20' length of 40.t restrained joint wastewater 1 Each $6,300.00 $6,300.00 main and 4-45 degree elbows as required for clearance Ductile Iron Fittings for 41 Water Main/Reclaimed 34 Tons $7,500.00 $255,000.00 Water Main 36" HDPE Directional Drill 53.a Water 2,300 Linear $450.00 $1,035,000.00 Main/Wastewater/Reclai med Feet Water Main/Force Main 62.a 36" DIP x HDPE Adapter 6 Each $5,000.00 $30,000.00 107.a. 36" Butterfly Valve & Valve 13 Each $15,000.00 $195,000.00 Box 107.b 12" Butterfly Valve and 3 Each $2,500.00 $7,500.00 Valve Box 125.a. Reclaimed Water Main 1 Each $8,500.00 $8,500.00 Flushinq Hydrant 2" Offset Air Release Valve 135 W/Manhole for 24 Each $5,000.00 $120,000.00 Water/Reclaimed Water Main 4" Offset Air Release Valve 135.b. W/Manhole for 12 Each $7,500.00 $90,000.00 Water/Reclaimed Water Main 164 Dewatering with wellpoints 47,000 Linear $5.00 $235,000.00 orsock Feet 210 Milling of Asphalt 8,100 Sq. Yd. $2.25 $18,225.00 211 Asphalt Overlay, Type S-1I1 500 Tons $100.00 $50,000.00 212 Asphalt Roadway Removal 12,000 Sq. Yd. $55.00 $660,000.00 and Restoration 213 Asphalt Driveway Removal 1,500 Sq. Yd. $32.00 $48,000.00 and Restoration 214 Concrete Driveway Removal 200 Sq. Yd. $42.00 $8,400.00 and Restoration Lime Rock Driveway or 215 Roadway Removal and 500 Tons $27.00 $13,500.00 Restoration 216 Concrete Sidewalk Removal 1,600 Sq. Yd. $22.00 $35,200.00 & Restoration UNIT PRICE SCHEDULE ITEMS QUANTITY UNIT UNIT PRICE TOTAL No. Equipment Description 217 Asphalt Sidewalk Removal 14,000 Sq. Yd. $13.00 $182,000.00 & Restoration 218 Concrete Curb & Gutter 1,800 Linear $15.00 $27,000.00 Removal & Restoration Feet 219 Concrete Flush Header 60 Linear $20.00 $1,200.00 Curb Removal & Restoration Feet 220 Floritam Sod 12,000 Sq. Yd. $2.00 $24,000.00 221 Bahia Sod 60,000 Sq. Yd. $1.35 $81,000.00 222 Root Barrier 20 Linear $50.00 $1,000.00 Foot Remove and Reinstall Trees 223 up to 4" diameter or Palm 20 Each $750.00 $15,000.00 Trees up to 12" diameter 174 of 375 Furnish and Install Bald 223.a Cypress Trees (7 Gallon, 175 Each $55.00 $9,625.00 min. 5' tall) in Wetland Areas as Required by ERP 224 Record Drawing 50,200 Linear $0.50 $25,100.00 Feet 225 Construction Survey 50,200 Linear $2.00 $100,400.00 Feet 226 Preconstruction Video 50,200 Linear $0.25 $12,550.00 Taping Feet 227 Mail Box Removal and 10 Each $50.00 $500.00 Reinstallation 228 Maintenance of Traffic 3,000 Linear $4.00 $12,000.00 Residential Street Feet 229 Maintenance of Traffic 24,000 Linear $6.00 $144,000.00 Arterial Roadway Feet 230 Maintenance of FDOT 100 L.F. $4.00 $400.00 Roadway 231 Density Tests 1,100 Each $21.00 $23,100.00 232 Proctor Tests 20 Each $85.00 $1,700.00 233 Concrete 12"x 6" Cylinder 30 Each $55.00 $1,650.00 Tests Irrigation Repairs (Per Lot - 236 separate property control 20 Each $500.00 $10,000.00 number) 237 Clearing and Grubbing 10 Acres $5,000.00 $50,000.00 238 Erosion Control - Silt Barrier 88,500 Linear $0.75 $66,375.00 Feet 239 Erosion Control - Inlet 40 Each $100.00 $4,000.00 Protection 239.a. Erosion Control - Seed & 20 Acres $2,000.00 $40,000.00 Mulch 240 Erosion Control - Add hay 25,000 Linear $2.00 $50,000.00 bales to silt fence Feet CONTINUED ON NEXT PAGE UNIT PRICE SCHEDULE ITEMS QUANTITY UNIT UNIT PRICE TOTAL No. Equipment Description 241 Ditch Slabs 36 Each $500.00 $18,000.00 242 Crossing 102+00 - 98+93 to 1 Lump $285,000.00 $285,000.00 105+38 Sum Seminole Pratt - 190+60 to Lump 244 196+80 1 Open Cut Sum $175,000.00 $175,000.00 "A" Road & Canal - 229+40 Lump 245 to 235+00 1 $250,000.00 $250,000.00 Horizontal Directional Drill Sum "B" Road & Canal - 252+60 Lump 246 to 258+50 1 $260,000.00 $260,000.00 Horizontal Directional Drill Sum "C" Road & Canal - 279+60 Lump 247 to 285+00 1 $250,000.00 $250,000.00 Horizontal Directional Drill Sum Road & Canal - 305+70 to Lump 248 311+30 1 $250,000.00 $250,000.00 Horizontal Directional Drill Sum "E" Road & Canal - 332+20 Lump 249 to 337+80 1 $250,000.00 $250,000.00 Horizontal Directional Drill Sum l750f375 "F" Road and Canal - Lump 250 358+60 to 364+20 1 $250,000.00 $250,000.00 Horizontal Directional Drill Sum Folsom Road & Canal - Lump 251 397+50 to 403+00 1 $245,000.00 $245,000.00 Horizontal Directional Drill Sum 253 AC Mitigation System 1 Lump $15,500.00 $15,500.00 Sum TOTAL 11,253,025.00 [INTENTIONALLY LEFT BLANK - CONTINUED ON NEXT PAGE] Contractor shall complete Table I below for each Unit Price Reduction which occurs in accordance with the Agreement. Table 1: Unit Price Reduction for Unit Price Schedule Items ITEM A B C D E F G Applicable Applicable Current Total Value Unit Price Reduced Reduced Unit Price Applicable Unit Unit of County of Total Unit Price Contract Schedule Item Quantity Price Purchased Deduct (Column C Price for Material Value of minus Item (calculated County Column E) (Column in Purchased Ax accordance Material Column F) with the (Column D \Io./Equipment Agreement) I Column A) l760f375 ~ FPL and Contractor hereby acknowledge and mutually agree that Table 1, Unit Price Reduction for Unit Price Schedule Items is accurate and complete. SIGNED: DATE: CONTRACTOR PROJECT MANAGER SIGNED: DATE: FPL PROJECT REPRESENT A TIVE l770f375 ADVERTISEMENT FOR REQUEST FOR QUALIFICATIONS FOR RECLAIMED WATER MAIN PIPELINE CONSTRUCTION GENERAL CONTRACTING SERVICES FPL RECLAIMED WATER PROJECT RFQ No. 2008 - 2323 TO ALL INTERESTED PARTIES: Florida Power & Light Company (FPL), through a Request for Qualifications (RFQ), is soliciting Qualification Applications from qualified general contractors and companies with extensive experience in the construction of large diameter pipeline projects. FPL has executed an Agreement with Palm Beach County (PBC) to purchase reclaimed water for cooling water needs at their West County Energy Center (WCEC) located off of State Road 80 in Loxahatchee, Florida. The Agreement requires that FPL construct a new reclaimed water main from the East Central Regional Wastewater Treatment Plant (ECR WWTP) located just north of Roebuck Road and east ofthe Florida Turnpike in Palm Beach County to the West County Energy Center (WCEC) located north of Southcrn Boulevard near 20 mile bend in western Palm Beach County. The Reclaimed Water Main Project will include constmction of approximately 18 miles of36" HDPE, ductile iron and/or PVC pipe commencing at the new reclaimed water facilities at the ECR WWTP and terminating at the new metering facility located at the WCEC site. The new reclaimed water facilities to be constructed at the ECR WWTP and the metering facilities and other downstream improvements to be constructed at the WCEC are not included in RFQ No. 2008-2323, Portions ofthe pipeline will be installed in generally open areas and other portions in busy street right-of-ways (ROW). The reclaimed water main pipeline will be constructed by open cut/trench, jack & bores, horizontal directional drill (including those across the L8 Canal (~700 If) and the L8 Reservoir (~1800 If)), micro-tunneling across the Florida Turnpike and aerial crossings of canals. Portion ofthe water main (~4,000 If) may be installed in the Okeechobee Blvd right-of-way by a contractor currently widening a portion of that roadway. FPL is requesting Qualification Applications from potential contractors for construction of the reclaimed water main from the ECR WWTP to the WCEC site. Based on an evaluation ofthe Qualification Applications to be submitted in response to the RFQ, the FPL Contractor Selection Committee will select contractors who will be eligible to receive a Request for Proposal (RFP) to bid on portions of the Reclaimed Water Main Project. It is likely the pipeline project will be split into multiple individual contracts due to the overall length of the reclaimed water main and the different specialty construction processes required. No further advertisement will be issued after selection of qualified contractors who respond to the Request for Qualifications. NOTE: FPL, through Request for Qualifications No. 2008-2323, is soliciting separate Qualification Applications from firms who will utilize their own work force to perfOlm; a) the micro-tunneling work under the Florida Turnpike, b) the horizontal directional drill work across the L8 Canal and the L8 Reservoir, and c) the remainder of the pipeline construction work, including open cut installation, other directional drills, jack and bore, and aerial crossings (Note: c) above shall be awarded to qualified general contractors using appropriate, experienced subcontractors for the specialty work). l780f375 It is expected that the formal Request for Proposal(s) will be issued to qualified contractors, those selected based on evaluation of the Qualification Applications submitted in response to Request for Qualifications No. 2008-2323, during January 2009 and fonnal proposals will be due to FPL in March 2009. Award of the contracts and the Notice to Proceed for the pipeline project are currently scheduled to occur in April 2009. Construction of the Reclaimed Watcr Main Project shall be completed by the end of November 2010. Interested contractors shall request in writing (contact information provided below) the formal Request for Qualifications package which specifies the infonnation to be submitted for consideration by the FPL Contractor Selection Committee. The Request for Qualifications shall also include information on the selection process for the Project. Florida Power & Light Company C/o: Holtz Consulting Engineers, Inc. Attn. David Xavier - Project Manager 20505 State Road 80 Loxahatchee, FL 33470 561-904-2297 (phone) 561-904-2201 (fax) E-mail: david_xavier@fpLcom Completed Qualifications Applications must be received on or before October 24, 2008. The Palm Beach Post Dates of Publication: September _' 2008 l790f375 REQUEST FOR QUALIFICATIONS No. 2008-2323 Florida Power & Light Company West County Energy Center Reclaimed Water Project Reclaimed Water Main Project I=PL@ Send Submissions to: Florida Power & Light Company C/o Holtz Consulting Engineers, Inc. Attn: Mr. David Xavier - Project Manager 20505 State Road 80 Loxahatchee, FL 33470 Issue Date: September 25, 2008 Submissions Due Date: October 24, 2008 l800f375 TABLE OF CONTENTS SECTION 1 - PROJECT SPECIFIC INFORMATION 1.01 INTRODUCTION 1.02 PROJECT BACKGROUND AND NEED 1.03 PROJECT DESCRIPTION 1.04 LOCAL PREFERENCE AND SMALL BUSINESS ENTERPRISE-MINORiTY/WOMEN BUSlNESS ENTERPRISE 1.05 PROCUREMENT OVERVIEW 1.06 OVERALL PROJECT SCHEDULE 1.07 INSPECTION OF ROUTE 1.08 FINANCIAL STRENGTH AND SECURITY FOR PERFORMANCE SECTION 2 - INSTRUCTIONS TO RESPONDENTS 2.01 GENERAL PROCUREMENT APPROACH 2.02 RFQ PROCESS AND SUBMISSION OF QAs 2.02.1 COMMUNICATIONS PROTOCOL 2.02.2 ADDENDA TO RFQ 2.02.3 SUBMISSION OF QAs 2.02.4 MODIFIED SUBMISSIONS 2.02.5 LATE SUBMISSIONS 2.03 AMENDMENTS AND CANCELLATION OF THE RFQ 2.04 OTHER RULES AND PROCEDURES 2.04.1 FPL RIGHTS AND PROCUREMENT CONDITIONS 2.04.2 EXPENSES OF RESPONDENT 2.04.3 USE OF INFORMA TrON SECTION 3 - SUBMITTAL RESPONSE FORMAT 3.01 GENERAL 3.02 COVER LETTER 3.03 EXECUTIVE SUMMARY 3.04 GENERAL INFORMATION AND REQUIREMENTS FOR COMPLETE RESPONSE 3.05 QA RESPONSE SPECIFICATIONS SECTION 4 - EVALUATION AND RANKING OF SUBMISSIONS APPENDICES APPENDIX A - TECHNICAL EXPERIENCE PROJECT INFORMATION FORM APPENDIX B - FPL SAFETY REQUIREMENTS APPENDIX C - COVER LETTER FORM APPENDIX D - PALM BEACH COUNTY SBE MlWBE PROGRAM & SCHEDULES APPENDIX E - CERTIFICATION OF BUSINESS LOCATION l8lof375 SECTION 1 - PROJECT SPECIFIC INFORMATION 1.01 INTRODUCTION Florida Power & Light Company ("FPL"), through this Request for Qualifications ("RFQ"), is soliciting Qualification Applications ("QAs") from private entitics ("Respondents") to construct a new reclaimed water main (large diameter pipeline) from the East Central Regional Wastewater Treatment Plant ("ECR WWTP") located just north of Roebuck Road and east of the Florida Turnpike in Palm Beach County to the FPL West County Energy Center ("WCEC") located north of Southern Boulevard near 20 mile bend in western Palm Beach County (the "Project"). The solicitation of QAs is the first step in a two-step procurement process being implemented by FPL for the Project. ONLY THOSE FIRMS THAT RESPOND TO THIS RFQ AND ARE QUALIFIED BY FPL IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH HEREIN WILL BE ISSUED A REQUEST FOR PROPOSAL ("RFP") AND INVITED TO SUBMIT A PROPOSAL IN RESPONSE TO THE RFP, FPL ANTICIPATES ISSUEING A RFP TO A MINIMUM OF THREE (3) QUALIFIED FIRMS THAT RESPOND TO THIS RFQ FOR EACH TYPE OF WORK REQUIRED TO BE PERFORMED IN SUPPORT OF THE RECLAIMED WATER MAIN PROJECT (I.E., MICRO-TUNNELING, HORIZONTAL DIRECTIONAL DRILL AND CONVENTIONAL PIPELINE INSTALLATION). FPL's intent in developing this RFQ, and the subsequent RFP, is to encourage qualified firms to provide the best solution for the Project within the confines of the FPL requirements as described in this document. FPL may clcct to split the Project into multiple individual contracts ("Service Contract") due to the overall length of the reclaimed water main. 1.02 PROJECT BACKGROUND AND NEED FPL has entered into an Agreement with Palm Beach County ("PBC") to receive 22 million gallons per day ("MGD") on an average day basis and 27 MGD on a maximum day basis of reclaimed water to be used as cooling water at their WCEC Facility. In order to provide the reclaimed water to the FPL WCEC site, FPL must construct improvements at the East Central Regional Wastewater Treatment Plant (ECR WWTP) and at the WCEC site. In addition, a pipeline used to convey the reclaimed water from the ECR WWTP to the WCEC site must be constructed. 1.03 PROJECT DESCRIPTION The ECR WWTP Reclaimed Water Main Project will consist of approximately 18 milcs of 36" HDPE, ductile iron and/or PVC pipe connecting new reclaimed water facilities at the ECR WWTP to a new metering facility located at the WCEC site. The new reclaimed water facilities to be constructed at the ECR WWTP and the metering facilities and other downstream improvements at the WCEC will be completed by others, therefore, that scope is not included in this RFQ. The reclaimed water pipeline will be constructed using the open cut/trench, jack and bore ("J&B"), micro-tunneling, horizontal directional drill and aerial crossing methods. It is likely that the pipeline project will be split into multiple individual Service Contracts due to the overall length of the reclaimed water main and the required specialty work involved in the construction. l820f375 The general route of the pipeline is as follows; .. Exit ECR WWTP and extend south approximately 7,000 If on the east side of the Florida Turnpike to the Century Village Reclaimed Water Facility. e Extend west approximately 5,600 If to Jog Road, including micro-tunneling under the Florida Turnpike. .. Extend approximately 16,100 If west under Jog Road (via J&B) and along the West Palm Beach Water Catchment berm. e Extend south approximately 5,200 If to the intersection of Okeechobee Boulevard and SR 7. Cross Okeechobee Blvd using the J&B method. e Extend pipe west along Okeechobee Blvd approximately 37,000 If. Note portions of this section of pipeline may be installed by others currently under contract to reconstruct Okeechobee Boulevard. This section of pipe also includes J&B's across intersecting roads and aerial crossings across canals. .. Extend approximately 16,500 If directly west of the end of Okeechobee Boulevard along a canal to the L8 Canal. This section of pipe also includes aerial crossings across canals. .. Extend west approximately 700 If across the L8 Canal via horizontal directional drill method (*). .. Extend west approximately 2,800 If to the FPL Corbett Substation including a 1,200 If horizontal directional drill across the L8 Reservoir (*), .. Extend south approximately 2,500 If to the proposed metering facility at WCEC. *NOTE: FPL, through this Request for Qualification, is soliciting separate Qualification Applications from finns who will utilize their own work force to perform; a) the micro-tunneling work under the Florida Turnpike, b) the horizontal directional drill work across the L8 Canal and the L8 Reservoir and c) the remainder of the pipeline construction work, to include open cut installation, other directional drills, jack and bore, and aerial crossings (Note; c) above shall be awarded to qualified general pipeline contractors using appropriate, experienced subcontractors for the specialty work). 1.04 LOCAL PREFERENCE AND SMALL BUSINESS ENTERPRISE-MINORITY / WOMEN BUSINESS ENTERPRISE REQUIREMENTS In accordance with the terms of the Agreement between FPL and Palm Beach County, FPL's contractor selection criteria shall provide a preference for SBE's and local businesses, Therefore, it is the goal of FPL to provide a preference to contractors who qualify as SBE's and/or can demonstrate a good faith effort to utilize SBE's to provide goods and services for a minimum of 15% of the total construction cost of the Project. The specific Palm Beach County SBE goals, requirements, approvals and compliance monitoring, which will be incorporated in the FPL Request for Proposal (RFP) to follow, are included in the attached Appendix D entitled, "Palm Beach County Small Business Enterprise-MinorityIWomen Business Enterprise Program". Also, businesses located in, or owned in substantial part by, persons residing in Palm Beach County will be given preference in the contractor qualification selection process. Reference Appendix E, "Certification of Business Location" (attached). 1.05 PROCUREMENT OVERVIEW l830f375 FPL intends to qualify a short-list of Respondents who then will each be issued a RFP for the procurement of a Service Contract for the construction of the Project in accordance with the anticipated procurement schedule set forth below. FPL will evaluate the QAs in accordance with the criteria specified herein. Only those firms that respond to this RFQ and are qualified by FPL in accordance with the requirements set forth herein will be issued a RFP and invited to submit a Proposal in response to the RFP. FPL anticipates qualification of those Respondents who, in the sole opinion of FPL, possess the best technical and financial qualifications for the Project (the "Qualified Respondents"), A more detailed description of the procurement process is included in Section 2 of this RFQ. 1.06 OVERALL PROJECT SCHEDULE FPL has established the following tentative schedule for the procuremcnt of the Project. This schedule is subject to change at any time at the sole discretion ofFPL. September 2008: October 2008: November 2008: January 2009: March 2009: April 2009: Apri12009: November 2010: RFQ Issued RFQ Responses Due Complete RFQ Qualification Evaluation RFP Issued RFP Responses Due Service Contract( s) A warded Construction Begins Project Acceptance 1.07 INSPECTION OF ROUTE All potential Respondents are invited to inspect the project route. All inquiries to do so must be received at least ten (10) business days prior to the RFQ submission due date. Requests to inspect the route are to be directed to: Florida Power & Light Company C/o Holtz Consulting Engineers, Inc. David Xavier, Project Manager 20505 State Road 80 Loxahatchee Florida, 33470 Phone: 561-904-2297 1.08 FINANCIAL STRENGTH AND SECURITY FOR PERFORMACNE Current audited financial statements, including balance sheet, income statement and cash flow statement, shall be submitted with your QA. Statements must reflect information relevant to the business entity that would: (i) sign the eventual Service Contract, and (ii) actually pcrform the work, rather than to a parent entity or consolidated holding company. As a general matter, in order to bc qualified pursuant to this RFQ, Respondents must demonstrate sufficient financial strength to assure FPL that they are capable of performing the Contract Services (i.e., a financial capability at least commensurate with the Project). l840f375 SECTION 2 - INSTRUCTIONS TO RESPONDENTS 2,01 GENERAL PROCUREMENT APPROACH FPL will follow a two-step procurement process designed to achieve FPL's goals for implementation of the Project. This RFQ is the first step in the procurement process for the Project. In order for a Respondent to be eligible to submit a Proposal in response to the forthcoming RFP, the Respondent must submit a QA in response to this RFQ and the Respondent must be qualified by FPL in accordance with the procedures set forth herein. Only those Respondents that have been qualified under this RFQ process will be issued an RFP for the Project. Respondents must respond to this RFQ in accordance with Section 3 of this RFQ, The FPL Contractor Selection Committee (the "Selection Committee"), will evaluate the responses to this RFQ. The Selection Committee intends to qualify (short-list) a minimum of three (3) qualified Respondents, for each type of work required to be performed in support of the Project, for submission of a Proposal in response to the RFP. The Selection Committee will recommend the short-listed Respondents to FPL Executive Management for approval. The Selection Committee, at is sole discretion, shall have the right to seek written clarifications from any of the Respondents in order to fully understand the nature of the QAs and evaluate the Respondents. If one or more qualified Respondents drop out of the procurement process, FPL reserves the right to qualify additional Respondent(s). Respondents should be aware that, while QAs may be ranked for the purpose of qualifying Respondents, no such ranking will carry forward to the review of Proposals submitted in response to the RFP. 2.02 RFQ PROCESS AND SUBMISSION OF QAs 2.02.1 Communications Protocol All inquiries and correspondence shall be sent in writing and delivered to the Project Manager at the address or email below, Any questions with regard to this RFQ must be received by the Project Manager not later than ten (10) days ahead of the scheduled submittal due date of the QA. Only written responses from the Project Manager to any inquiries shall be binding upon FPL and shall be in the form of a written addenda to the RFQ and made available to all registered potential Respondents. Failure of a Respondent to receive or acknowledge any addendum shall not relieve them from any obligation under the RFQ. All addendums shall become part of the QA. The Project Manager contact infonnation is: Florida Power & Light Company C/o Holtz Consulting Engineers, Inc. David Xavier, Project Manager 20505 State Road 80 Loxahatchee Florida, 33470 Phone: 561-904-2297 E-mail: david_xavier@fpl.com l850f375 2.02.2 Addenda to RFQ During the period provided for the preparation of QAs, FPL may issue addenda clarifying this RFQ. Such addenda will be numbcrcd consecutively. All RFQ addenda will be issued by FPL and will constitutc a part of this RFQ. FPL recommends that prior to submitting its QA, a Respondent contact the Project Manager to verifY the number and subject of the addenda that have been issued. The Respondent shall be responsible for obtaining all addenda prior to submitting a QA. Submittal of a QA shall constitute celiification that the Respondent has received and reviewed all addenda. 2.02.3 Submission of QAs Completed Qualification Applications must be received on or before October 24, 2008. Responses are to be submitted as follows: Electronic copy to: Reclaimed _ WaterYroj ect@fpl.com Hard copies to: Florida Power & Light Company C/o Holtz Consulting Engineers, Inc. David Xavier, Project Manager 20505 State Road 80 Loxahatchee Florida, 33470 Phone: 561-904-2297 Faxed responses will not be accepted. 2,02.4 Modified Submissions A Respondent may submit a modified QA to rcplacc all or any portion of a previously submitted QA any time prior and up to thc submittal deadline. Only the latest version of the QA will be considered, 2.02,5 Late Submissions Any QA submitted after the submittal deadline shall not be accepted and shall be rejected and returned to the Respondent unopened. The delivery of a QA to FPL by the submittal deadline is solely and strictly the responsibility ofthe Respondent. 2.03 AMENDMENTS AND CANCELLATION OF THE RFQ FPL rcserves the right to cancel or revise in part or in its entirety this RFQ including, but not limited to, the procurement schedule, submittal date, and submittal requirements. If FPL cancels or revises this RFQ, all prospective Respondents shall be notified. 2.04 OTHER RULES AND PROCEDURES 2.04.1 FPL Rights and Procurement Conditions FPL reserves, holds without limitation, and may exercise, at its sole discretion, the rights and conditions with regard to this RFQ set forth below. Such rights and conditions are in addition l860f375 to and shall not serve to limit any of the specific rights and conditions set forth in this RFQ. By responding to this RFQ, Respondents acknowledge and consent to the following FPL rights and conditions: 1. FPL reservcs the right to terminate the procurement process for any reason whatsoever. 2. FPL reserves the right, for any reason, to decide not to award a Service Contract as a result of this procurement process. 3. FPL reserves the right to accept or reject a QA for dcfect, technicality or any other minor informality or irregularity in any QA. 4. FPL reserves the right to change or alter the schcdule for any events associated with this procurement process upon notice to the Respondents, and a Respondent by submitting the QA agrees to be bound by any schedule modification made by FPL. 5. FPL reserves the right to eliminate any Respondent that submits an incomplete or inadequate response, or is not rcsponsive to the requirements of this RFQ, or is otherwisc deemed to be unqualified during any stage of the procurement process. 6. FPL reserves the right, at any time, to determine that any or all Respondents will not be qualified for further consideration and to notify such Respondents of the FPL's determination. 7. FPL reserves the right to require Respondents to send representatives to FPL for interviews and presentations. 8, FPL reserves the right to request additional information and to conduct clarification discussions, at any time, with one or more Rcspondents. 9. FPL reserves the right, at any time prior to execution of the Service Contract, to amend the Contract Services, to omit services therein or to include services not currently contemplated therein. 10. FPL reserves the right, without prior notice, to supplement, amend or otherwise modify this RFQ, or otherwise request additional information. 11, FPL reserves the right to receive questions concerning this RFQ from potential Respondents and to provide such questions, and FPL' s responses, if any, to all registercd Respondents. 12, FPL (including its staft~ representatives and consultants) reserves the right to visit and examine any of the facilities referenced in the QAs and to observe and investigate the operations of such facilities. 13. FPL reserves the right throughout the procurement process to conduct investigations with respect to the qualifications and experience of each Respondent included in its QA and to request additional evidence to support any such information. 14. FPL reserves all rights to take any action affecting the RFQ process, the RFP process, l870f375 or the Project that is determined to be in FPL' s best interests. 15. FPL reserves the right to award contracts to specialty (I.E., micro-tunneling and horizontal directional drill) contractors and other general contractors for specific portions of the work as a result of the RFP process, and by submission of a QA, Respondents are agreeing to coordinate all adjacent work with specialty or other general contractors. 2.04.2 Expenses of the Respondent FPL accepts no liability for the costs and expenses incurred by the Respondents in responding to this RFQ, the follow-on RFP (as applicable), responses to clarification requests and re-submittals, potential interviews, clarification meetings or negotiations. Each Respondent that enters into the procurement process shall prepare the required materials and submittal at its own expense and with the express understanding that it cannot malce any claims whatsoever for reimbursement from FPL for the costs and expenses associated with the process, 2.04.3 Use of Information Regardless of whether FPL awards a Service Contract, all QAs submitted in response to this RFQ, and Proposals submitted in response to the forthcoming RFP, including the data, information, concepts and ideas contained therein, will become the property of FPL and FPL shall have the right to use such QAs and Proposals in any manner or combination it so elects, without notice to or the consent of the Respondent(s). Notwithstanding the foregoing, FPL agrees that any use of such QAs or Proposals by FPL without the Respondent's verification or adaptation for the specific purpose intended shall be at the sole risk of FPL. SECTION 3 - SUBMITTAL RESPONSE FORMAT 3.01 GENERAL Firms interested in providing the requested services for the Project are invited to submit a QA to demonstrate the firm's capabilities and commitment to meet the schedule demands while maintaining a high quality project. To facilitate the review of the QA, each QA shall adhere to the following format requirements. . Cover Letter . Executive Summary . Complete Response to Section 3.04 and 3.05 . References Respondents are instructed to limit the infonnation included in the QA to the information necessary to demonstrate its technical and financial qualifications for the Project, and any other information specifically requested in this Section 3. "Boilerplate" non-pertinent materials are discouraged. The QA must show that the Respondent possesses all ofthe expertise, experience, and resources required for the Project. Failure to provide any of the requested information that is available to the Respondent may be grounds for disqualification. If the requested information does not exist or cannot be provided, the Respondent shall state so with an explanation. l880f375 The Respondent shall provide the appropriate information required for each section of the QA (as described in this Section 3), in accordance with the following content and format requirements: · Submit one original and three bOlmd (spiral or similar) copies of the QA. Three ring notebook binders are acccptable. · Submit one copy of the complete QA electronically to the e-mail address specified in Section 2.02.3. · The responses shall be clear, concise, factual, and complete with a nurumum of extraneous material. .. THE INFORMATION PROVIDED IN THE QA SHALL REFERENCE, TO THE EXTENT PRACTICABLE, THE SPECIFIC SECTION OF THIS RFQ BEING ADDRESSED. .. The QA shall be typed or printed on 8-1I2-inch by II-inch paper, with a mirumum font size of12. .. Submissions should be sealed in an envelope or box that contains the Respondent's name and address on the upper left-hand corner and is clearly marked as follows: QUALIFICATION APPLICATION No. 2008-2323 FOR FLORIDA POWER & LIGHT COMPANY WCEC RECLAIMED WATER MAIN PROJECT .. The electronic submission shall include RFQ No, 2008-2323 in the e-mail subject line. 3.02 COVER LETTER The Cover Lettcr must be on the Respondent's letterhead in the form provided in Appendix C. The Cover Letter must be signed by a representative of the Respondent who is authorized to sign such material as contained in the QA. 3.03 EXECUTIVE SUMMARY The Respondent shall submit a concise executive summary of thc QA, identifying the Respondent and the Project Team, and explaining why it is qualified to undertake the Project. The summary should include a brief history of the Respondent, its organizational structure, background and experience in performing pipeline projects. It shall also contain a brief summary of the Respondent's technical and financial qualifications. The executive summary shall be limited to a maximum of three (3) pages, 3.04 GENERAL INFORMATION AND REQUIREMENTS FOR COMPLETE RESPONSE The following information is required for a complete response to this RFQ: l890f375 3.04.1 The name and address of the Respondent's corporate headquarters, regional offices, subsidiaries and affiliates, if any. Provide name, title and biographical sununm-y of pertinent corporate officers. 3.04.2 Ifthe business entity is a corporation or partnership, evidence of corporate status and good standing in the fmID of a copy from the page on the Florida Department of State web site (wvvw.sunbiz,org) showing that the business entity is, in fact, a corporation in good standing in the State of Florida and the name of a responsible officer of thc entity. Out of state corporations or firms must provide evidence of authority to conduct business in the State of Florida. 3.04.3 Evidence adequate for FPL's Contractor Selection Committee to determine that the Respondent is a qualified contractor engaged in the lawful practice of general construction contracting in Florida with experience in construction of and general contract administration for wastewater/reclaimed water pipeline projects. 3.04.4 The closest business address of the entity to FPL's Headquarters in Juno Beach, Florida. 3.04.5 The specific work (I.E., micro-tunneling, horizontal directional drill, other pipe construction methods or all) for which the Respondent is submitting the Qualification Application for consideration. 3.04..6 A list of up to five similar representative pipeline projects recently completed and references that FPL may contact for each, Each project must have had a constructed value of not less than $5 million for general contractors and not less then $1 million for specialty (micro-tunneling and horizontal direction drill) contractors. Each of the projects must have been completed since January 1, 2002. Projects currently under construction do not qualify. At least 30% of the labor related items on each project must have been completed by the applicant's own work force. Use Appendix A - "Technical Experience Project Information Form" or similar format. 3,04.7 List all projects, up to a total of 10 projects, currently under contract, the current contract mnount and the scheduled completion dates. Use Appendix A - "Technical Experience Project Information Form" or similar format. 3.04.8 A recent financial statement signed by a corporate officer prepared no earlier than sixty (60) days prior to submission demonstrating that the Respondent's finances are in an acceptable condition to undertake the pipeline work. Also, provide information as required in section 1.08 of this RFQ. 3.04.9 Copies of current licenses issued either by the Department of Business and Professional Regulation pursuant to Chapter 489, Florida Statutes, and/or by Palm Beach COlmty, pursuant to Special Act, demonstrating that the Respondent is a licensed general/pipeline contractor. 1900f375 3.04.10 If Respondent deem any portion of their responses to be confidential, Respondent must provide specific and clear identification of those portions and must cite the specific legal statutory exemption from the public record requirements pursuant to section 119.07, Florida Statutes. 3,05 QA RESPONSE SPECIFICATIONS All Respondents should prepare a response for providing FPL's general contractor services for the Project described above that includes but is not limited to the following information: 3.05.1 Contractor Qualifications a. An overview of the firm, including the number of offices, number of partners and professionals, if applicable. b. The number and type (city, county, district, private) of entities served by the contractor and/or firm, c. A description of any disciplinary actions, lawsuits, or litigious actions that have been instituted or proposed against the contractor and/or firm during the last three years and any pending disciplinary, legal or litigious matters of which the contractor or firm is aware. d. Demonstrated knowledge of applicable Florida law for local governmental entities, including education, licenses or practical experience, e. Listing and experience of major subcontractors proposed to perform work on the Project. Major subcontractors are those who may perform at least 10% of the value of the entire Proj ect or those proposed to be used to install pipe by trenchless Gad: & bore, horizontal directional drill, micro-tunnel, etc.) or aerial methods. Provide evidence of similar work for at least five different projects in the last three years with references for all major sub-contractors. f. Provide evidence that the firm has operated under the current corporate name for the last three years. g. Provide evidence that the firm currently has sufficient bonding capacity to provide performance and payment bonds, both in the amount of 100% of the contract amount. Provide bonding capacity, name of surety company and telephone numbers. Define current maximum approved bonding program, allowable single project limit and current bonded work backlog. h. Demonstrate that the firm owns or has access to adequate equipment to construct the project(s). i. Verify that the firm has not defaulted on a project or failed to complete a project within the last ten years. If not the case, then explain. j. Verify that the firm has not filed for bankruptcy nor been judged bankrupt at any time over the last nine years. k. Provide documentation demonstrating that the firm has a history of completing projects consistently on time and within the bid amount. 1. Verify that the firm has never abandoned a project (even temporarily) during a dispute. m. Provide a statement that the firm has not been assessed liquidated damages in the past five years. If this is not the case, explain. n. Demonstrate that the firm does not have a history of being involved in litigation or filing claims against Owners, Construction Contract Administration Firms or Design Firms. 19lof375 o. Provide documentation that the finll has a written Safety Program. FPL's "Contractor Safety Requirements" and "Safe and Secure Workplace Policy for Suppliers" are provided in Appendix B. p. Document the status of your safety record. Response must include the company's Recordable Incident Rate for the past 3 years, q. If the application is submitted by a joint venture, all parties to the joint venture must satisfy the qualification requirements. For joint-ventures, a Qualification Application package shall be completed by each firm in the joint venture and shall be submitted in a single package along with a statement executed by authorized representatives of each member firm of the joint venture, giving notice to the intent to submit as ajoint venture. r. Address Respondents willingness to contract work on a firm lump sum basis or a tillit price basis. s. Include a statement of whether work will be performed by union labor or open shop. t. Respondents should demonstrate their project personnel's experience and proficiency in schedule control and construction project management using a resource loaded, computerized cost and schedule system. u. Respondents shall demonstrate a clear understanding of the need and process for ensuring that FPL receives the quality product required in construction of the Project. Respondent shall identify its internal and external field inspection process, submittal review process, deficiency identification, correction and tracking process, non-conformance process, and level of senior management involved. v. Contractor's eligibility to be deemed a local business and intent to use and satisfy SBE-M/WBE requirement on a good faith basis must be addressed in the Qualification Application. Reference Appendix D and E for additional details and form related to these requirements. Respondents are encouraged to provide the information requested by the fOlills in Appendix D and E to the fullest extent possible and include estimated SBE and M/WBE subcontractor participation in total percentages rather then in total amounts. 3.05.2 Staffing a. Indicate the location ofthe company office that will staffthe FPL project(s). b. Submit proposed project staffing plan identifying key personnel to be assigned to the Project. c. Submit brief resumes of supervising personnel (program managers, superintendents, etc,) that will be involved with the Project(s) including but not limited to: (1 ) Years of experience in the type of construction; (2) Formal and any supplemental education; (3) Experience with similar projects (4) References with contact names, company position and phone number 1920f375 d. List of all other proposed supervising personnel (foreman, survey crew chief, etc.) with years of experience with similar construction projects and references (name, firm, position and phone number) for personnel. e. List all major subcontractors and provide experience with similar projects and proposed managers, supervisors and superintendents resumes. SECTION 4 - EVALUATION AND RANKING OF SUBMISSIONS Thc Selection Committee will evaluate each response to the RFQ and select a minimum of thrce (3) contractors or companies deemed to be the most highly qualified to perform the required services for the general pipeline Project and up to three (3) micro-tunneling contractors or companies and up to three (3) horizontal directional drill contractors or companies deemed most highly qualified for that specialty work. Responses will be evaluated based on two major categories; technical and financial. For purposes of selecting the Qualified Respondents, QAs will be evaluated using the following criteria, Team/Technical Qualifications . Company/Project Team/Project Manager Qualifications . Key Project Staffing and Workload Distribution . Understanding of Project Scope of Work . Construction Expericnce of Company and its Key Subcontractors on similar pipeline projects . Proposcd Construction ApproachfMethodology . Availability of Qualified Personnel . Local Business Applicability and Commitment to Satisfy SBE Requirements . Past Performance History (Cost, Schedule, Regulatory Compliance) . Safety Experience . QA/QC Experience and Program . References Financial Qualifications . Financial Strength . Ability to obtain required security for performance The evaluation of the technical and financial qualifications will be based on the QAs received as required by Section 3 of this RFQ and an analysis of othcr publicly available information. Respondents shall submit all information in accordance with Section 3 of this RFQ. FPL may conduct such investigations, as it deems necessary, to assist in the evaluation of any submittal, and to establish to FPL's satisfaction the responsibility, qualifications, and financial ability of any Respondent. FPL, at its sole discretion, shall have the right to seek clarifications from each of the Respondents in order to fully undcrstand the nature of the submissions and evaluate the Respondents. Following completion of the evaluation and selection of the Qualified Respondents, FPL will notify those Respondents qualifying for the short-list and subsequent reccipt of the RFP for the Project. 1930f375 1940f375 9. A PUBLIC HEARING February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS ~ PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Request relief from Chapter 21 Signs, Article IV, Section 3. B. limiting maximum sign area to 160 square feet, to allow an additional 40 square feet of signage and a variance of 40 square feet in the C-3, Community Commercial zoning district. Applicant: Agree Limited Partnership. EXPLANATION OF REQUEST: Approval for a sign variance request to add 40 square feet to an existing 160 square foot sign structure at 501 North Congress Avenue. Dick's Sporting Goods is interested in leasing the former Circuit City retail space and constructing additional square footage. However, they have expressed concern over lack of visibility to the free standing sign they share with Off Broadway Shoes at the corner of Congress Avenue and Old Boynton Road, due to required buffer landscaping along Congress Avenue. Representatives of Agree Realty have indicated that any lease agreement with Dick's Sporting Goods hinges upon receiving unobstructed signage. Therefore, the applicant is requesting to add a sign panel to the other existing sign structure, located at the Congress Avenue entry drive, and which currently advertises Longhorn Steakhouse and Kimura Japanese Restaurant. Pursuant to Chapter 21, Signs, Article II, Section 1.8. Variances, the City Commission may grant up to a 25% increase to the maximum allowed sign area. Staff supports the request and recommends approval with the conditions listed in the staff report, based upon the following: 1. The identification sign at the intersection of Congress Avenue and Old Boynton Road is clearly obstructed by the required landscape buffer along Congress Avenue for southbound motorists and retention of the vast majority of the plantings is important in the image the City has established along this vital corridor; 2. The screening of the parking area at the corner will be accomplished with an alternative planting scheme that is not detrimental to the overall visual impact along the corridor; 1950f375 3. The proposed sign modification does not propose to increase the height of the sign, as the sign panel is being added at the bottom and will actually make the freestanding sign more of a monument sign, as presently required by the sign code; and 4. The use of the most northerly sign for identity purposes makes better sense from a traffic circulation standpoint, as it is located at an entrance to the site from Congress Avenue. Lastly, pursuant to Chapter 21. Signs, Article II, Section 1, sign variances are filed with the City Commission. Therefore, this item has not been before by the Planning & Development Board as typical of most other application reviews. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Deny the request or approve with conditions. 1960f375 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 10-006 TO: Mayor and City Commission FROM: Ed Breese Principal Planner THROUGH: Michael Rumpf Planning and Zoning Director DATE: January 13,2010 RE: Dick's Sporting Goods (ZNCV 10-004), Sign Code Variance, located at 515 North Congress Avenue. Agree Limited Partnership, on Behalf of Dick's Sporting Goods is requesting a sign code variance to add 40 square feet to an existing 160 square foot sign structure, exceeding the maximum allowable signage by 40 square feet. Pursuant to Chapter 21, Signs, Article II, Section 1. B. Variances, the City Commission may grant up to a 25% increase to the maximum allowed sign area. (see Exhibit "A" - Location Map) BACKGROUND On January 6, 2010, the City received a letter from Mr. David Prueter of Agree Realty Corporation, representing Dick's Sporting Goods, requesting a sign code variance (see Exhibit "BOO). More specifically, the letter indicates that Dick's Sporting Goods is interested in occupying the former Circuit City retail space and actually constructing additional square footage. However, they have expressed concern over lack of visibility to the freestanding sign they share at the comer of Congress Avenue and Old Boynton Road with Off Broadway Shoes, due to required buffer landscaping along Congress Avenue. Representatives of Agree Realty have indicated that any lease agreement with Dick's hinges upon receiving unobstructed signage. The former Circuit City retail space is part of a plat known as Boynton Festive Center, which was developed as a shopping center with two (2) retail spaces to the west of the property, abutting the Boynton Beach Mall, and two (2) outparcel sites, approved as restaurants, fronting on Congress Avenue. The two (2) retail spaces rely upon the sign at the comer of Congress Avenue and Old Boynton Road for identity along the Congress Avenue corridor. Staff has been working with the property owner and has met with Dick's Sporting Goods representatives. The existing landscaping along Congress Avenue is located on the Longhorn Steakhouse and Kimura Japanese Restaurant parcels as part of their required landscape buffer. The applicant has submitted photographs depicting the landscaping obscuring this sign from southbound traffic. Staff has suggested modifications to the landscaping that will assist in opening up some view corridors to the signage, but understand that a completely unobstructed view would not be possible without the removal of significant landscape material, which would place the landscape buffer well below code requirements and inadequately screen the parking areas. The applicant and staff appear to be in agreement with the landscape modifications, but understand further actions need to occur. As a result, 1970f375 the monument sign immediately to the north of this sign (the sign advertising the outparcels - Longhorn and Kimura located at the driveway between Kimura and Chase Bank) is being considered for an additional sign panel to advertise Dick's Sporting Goods. This particular sign has good visibility from southbound Congress Avenue traffic. The problem is however, this sign is already at it's maximum allowed sign area. According to the Sign Code, Chapter 21, Signs, Article II, Section 1. B. Variances, the City Commission may grant a variance to the area of a sign to be increased by up to 25% of the maximum allowable sign area, "... .provided it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property". Staff interprets this provision to equally apply to other obstructions associated with the property, such as required landscaping. The applicant has complied with the requirement that a permit application for the signage be submitted to, and denied by, the City prior to submittal of the sign variance. The applicant, as noted previously, has submitted the variance request in compliance with the 25% increase in sign area, which unlike other zoning code variances, is sent directly to the City Commission, and not subject to the typical hardship criteria review, but the specific criteria of sign obstruction discussed above. FINDINGS AND ANALYSIS The staff analysis included several site visits, internal staff deliberations relative to available options to improve the visibility of the sign while maintaining a proper landscape buffer, and numerous discussions/meetings with the property representatives to determine what alternatives were available to encourage re-use of the vacant Circuit City retail space. It quickly became apparent that optimum visibility of the sign at the comer of Congress Avenue and Old Boynton Road for southbound traffic could not be accomplished without total removal of all landscaping above hedge height. As this would make the two (2) outparcel sites non-conforming relative to the required landscape buffer and create a bad precedent for all other places of business that believed their visibility was somehow impacted by required landscaping, staff and the applicant sought alternative means to solve the problem. The solution, as proposed, is two-fold. The first step in the process is to modify the Congress Avenue Landscape buffer planting scheme. Staff suggested to the applicant that it would be amenable to the removal and relocation of the mature Cassia trees within approximately 90 feet of the comer sign, and replacement with a small tree/tall shrub variety that will not grow up into the sign visibility area, but will be of a size and denseness to adequately screen the parking area at the comer. Staff has recommended, and the applicant has agreed, to mirror this revised planting scheme along Congress Avenue by continuing around the comer along Old Boynton Road, to provide symmetry along each right-of-way. Any trees removed to accomplish the new planting scheme will be relocated elsewhere on the site. The second step towards increasing the identity of Dick's Sporting Goods along Congress Avenue is the addition of a sign panel to the northerly most sign for the shopping center. The freestanding sign would actually appear more like a monument sign (as now required by code) with the addition of another sign panel at the bottom of the structure. The issue with the use of this sign for added identity, is that the sign currently has the maximum allowable area with the two (2) outparcel restaurant tenants. This sign is allowed to be a maximum of 160 square feet and the two tenants (Longhorn Steakhouse and Kimura Japanese Restaurant) have utilized the entire sign area allowed. However, pursuant to the Sign Code, Chapter 21, Signs, Article II, Section 1. B., the applicant may apply for a variance of up to 25% of the maximum allowable sign area if signage allowable under the provisions of this ordinance is prevented from adequately identifying the business due to unusual shape or topography of the property. As stated previously, staff interprets this provision to equally apply to other obstructions associated with the property, such as required landscaping. The applicant applied for a permit to add the requested 40 square feet of signage (160/40 = 25%) to this freestanding sign. The permit was denied, as required in order to make application for this variance. Staff supports the variance, since the sign structure already exists, the 1980f375 sign is not being made taller, the vast majority of the existing landscape material is remaining in place and what is being relocated, is being relocated on site. Further, the concept of adequately screening the parking area is maintained through the use of dense landscape material, and lastly the sign is actually located at an entrance to the site, as opposed to the intersection. CONCLUSIONS/RECOMMENDA TIONS Staff recommends that the sign code variance be approved, based, in part, on the following: 5. The identification sign at the intersection of Congress Avenue and Old Boynton Road is clearly obstructed by the required landscape buffer along Congress Avenue for southbound motorists and retention of the vast majority of the plantings is important in the image the City has established along this vital corridor; 6. The screening of the parking area at the corner will be accomplished with an alternative planting scheme that is not detrimental to the overall visual impact along the corridor; 7. The proposed sign modification does not propose to increase the height of the sign, as the sign panel is being added at the bottom and will actually make the freestanding sign more of a monument sign, as presently required by the sign code; and 8. The use of the most northerly sign for identity purposes makes better sense from a traffic circulation standpoint, as it is located at an entrance to the site from Congress Avenue. Any conditions recommended by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Dick's Sporting Goods\Dick's Sporting Goods ZNCV lO-004\StaffReport.doc 1990f375 ~!: ~.. AGREE LIMITED PARTNERSHIP - EXHIBIT B Mr. Ed Breese Principal Planner City of Boynton Beach 100 E Boynton Beach Boulevard P.O. Dox31O Boynlon Beach, FL 33425-0310 January 5, 2010 @ u Igrg) 6 - 2010 Re: Pennit #2009-3591 Denial. PLANNING AND ZONING OIEP'T, Dear Mr. Breese: A permil application was submitted and denied to place a third sign panel on what is the current Longhorn restaurant and Kimura restaurant pylon sign (LK pylon sign) located on Parcel #08-43-45-19-18-002-0000 at 501 N. Congress AveLlue. The pylon sign location is shown as # 1 blue dot on the attached site plan. We believe a varian~ ~hould be granted to allow an additional square tootage of200 sf., to be utilized for a Dicks SpOlting Goods sign pand, lo the existing LK pylon sign. A pylon sign elevation is attached Enclosed are 3 pictures which depict the lack of visibility to the existing Circuit City and Off Broadway Shoes ( CC pylon sign) located at the NWC of Congress Avenue and Old Boynton Beach Road. It is referenced as #2 blue dot on the attached site plan. Visibility as you drive south on Congress Ave. is completely obSlructed. The trees planted on the Longhorn and Kimura restaurant parcels have rendered the CC pylon sign useless as you drive south on Congress Ave. This has created a hardship and has impacted our ability to release the vacant Circuit City store. Visibility to the Shopping Center is also o!-JstructecL In addition the LK pylon is located at the entrance drive between the Chase Bank and the Kimura restaurant. The LK pylon is located at the only direct entrance to the Shopping Center from Congress Ave., which will house the expanded Dicks Sporting Goods and Off Broadway Shoes store. The approval oftbe 3rd panel on the LK pylon, as shown on the attached elevation, will aHaw southbound travelers to see the Dicks Sporting Goods sign panel and enter the Shopping Center from Congress Ave. The expansion of the existing.building wiUaHow us to provide. a state of the art Dich Sporting Goods building to the community of Boynton Beach. It will provide for the expansion of the vacant Circuit City building to over 43,000 sf. in total. Dicks SpOlting Goods is not represented anywhere in the area and th.eir addition to the Shopping Center will be a great benefit to tbe area. Their competition (Sports Authority) has 3 pylons and great visibility, Accordingly, we respectfully request approval fTom the City on behalf of Dicks Sporting Goods. A check in the amount of $750,00 is enclosed. Please advise if you have any questions. cc: Rob Cohon ~ili.spectfuJlY ~idJ~- Agree Realty Corporation 2000f375 o I- ea :c >< Ll.J QTY: (2) 13'.10. FLOURO CHANNEL BOX SfGN SCALE: NTS EXibr6ir'~G [)j~ feY10'-~ C~::;Clt OrawiF1[J No.: ( f,LL DiMENSiONS NEED TO BE FIELC ~f~?~r~r(~,~~;:f~l~~~t~~~:; )i ~ i7i~S8r.;:JI, ~''''iR 1":~7C. (Viny.:;;; RIHI Trnlgp.,; ;1:; ,-;',)"(;,. f~)Ir o.all, F-MS 'I'~U(:, l'J')\}'r '= 8~l~e' l:iray l( }f: lIE S~<:;kp'J\[(I~ (Pi:l~( '" f.tMlhffi'lS ~~'I;O;E!", MAf ~,{,~'1;:">;;\';:':);';;,.,}),,:;.: R.~"/",iom::' ,.,EOV CAlE j ,Ii:m;),j ~ 1WM; 1,(1r:-...~ti;;r; D:mvl18y Mj[ DICK'S SPORTING GOODS BOiliton Beach, FI "o;I:d"~(;fJoC:'J"'\!Ml':tto~"\C m-lAM';l;1l CAemEil s.~ "':Gb Nu- rli'!-.r:fir: ;"n oo-oc DIFMONUMEN"7 EXHIBIT "A" - SITE LOCATION MAP DICK'S SPORTING GOODS (MSPM 10-001) 260 130 0 260 520 780 1 ,040 ~ I Feet J ~-- 2050f375 EXHIBIT "D" Conditions of Approval Project name: Dick's Sporting Goods File number: ZNCV 10-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: S:\Planning\SHARED\ WP\PROJECTS\Dick's Sporting Goods\Sign Variance\COA.doc 2060f375 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dick's Sporting Goods APPLICANT'S AGENT: David 1. Preuter - Agree Limited Partnership APPLICANT'S ADDRESS: 31850 Northwestern Highway, Farmington, Michigan 48334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 2,2010 TYPE OF RELIEF SOUGHT: Request relief from Chapter 21, Signs, Article IV, Section 3. B. limiting maximum sign area to 160 square feet, to allow an additional 40 square feet of signage, resulting in a variance of 40 square feet in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 501 N. Congress Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions ofthis order. 7. Other DATED: City Clerk S:\Planning\SHARED\ WP\PROJECTS\Dick's Sporting Goods\Sign Variance\DO.doc 2070f375 10.A CITY MANAGER'S REPORT February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER i:8J CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Consider request by the Palm Beach County Criminal Justice Commission to provide a host location for a Justice Service Center at the Carolyn Sims Center. EXPLANATION OF REQUEST: The City recently received a request from the Criminal Justice Commission to host a Justice Service Center (JSC) at the Carolyn Sims Center. Assistant City Manager Lori LaVerriere, Police Chief Matt Immler and Recreation & Parks Director Wally Majors met with Brenda Oakes, who is the Youth Violence Prevention Planning (YVPP) Coordinator for the Palm Beach Co. Criminal Justice Commission. Ms. Oakes explained that the Justice Commission is trying to establish facilities in various areas throughout the County that have been identified as needing the type of services delivered by a JSC. Ms. Oakes inquired about the availability of the Sims Center, or any other facility/building in the City. A Justice Service Center is a facility at which those people who have been released from jail can receive services related to entering back into the community, such as job referral, career counseling, educational and legal assistance, etc. See attached program flyer. To operate they would need office space and related equipment for at least two people, and would primarily operate from 8am to 5pm. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Although this type of service is warranted and necessary, a recreation facility that offers youth programs for children as young as two years old is not an appropriate venue for a JSC. Additionally, some suggestions of potential locations for a JSC in Boynton were considered but did not meet the needs of the program as well as the Sims Center location. 2080f375 The location of the JSC at the Sims Center would preclude the City from offering any future afterschool programming. Please see the attached staff memorandum regarding concerns of locating a Justice Service Center in any of our recreational facilities. FISCAL IMPACT: Depending on the location of a Justice Service Center, there may be a loss of revenue due to having to discontinue afterschool programming or other children's programs that we currently offer. There would also be minimal fiscal impact related to their use of the office space. ALTERNATIVES: Staff Recommendation: Not locate a JSC at the Carolyn Sims Center. Staff can continue to provide assistance to find a venue for a JSC in Boynton. 2090f375 RECREA TION & PARKS DEPARTMENT MEMORANDUM 10-01 TO: Lori LaVerriere, Assistant City Manager FROM: Wally Majors, Recreation & Parks Director DATE: January 4,2010 SUBJECT: Justice Service Center The City recently received a request from the Criminal Justice Commission to host a Justice Service Center (JSC) at the Carolyn Sims Center. Police Chief Matt Immler and I recently met with Brenda Oakes, who is the Youth Violence Prevention Planning (YVPP) Coordinator for the Palm Beach Co. Criminal Justice Commission. Ms. Oakes explained that the Justice Commission is trying to establish facilities in various areas throughout the County that have been identified as needing the type of services delivered by a JSC. Ms. Oakes inquired about the availability of the Sims Center, or any other facility/building in the City. A JSC is a facility at which those people who have been released from jail can receive services related to entering back into the community, such as job referral, career counseling, etc. To operate they would need office space and related equipment for at least two people, and would primarily operate from 8am to 5pm. Although this type of service is warranted and necessary, a recreation facility that offers youth programs for children as young as two years old is not an appropriate venue for a JSC. Additionally, although Matt and I made some suggestions of potential locations for a JSC in Boynton, unfortunately none proved adequate. The Sims Center opened in February 2008, and it is a focal point for the community. The two story facility includes a downstairs area consisting of office space and a large multi purpose room. Additional office space is located upstairs, along with a large game room and two classrooms, which are dedicated primarily to the Youth Violence Program Project Youth Empowerment Center. The Sims Center also hosts various meetings, community activities and recreational programs. It is one of our most popular summer camp sites, serving fifty children, with several on a waiting list. When the necessary modifications to the building and playground area are accomplished, the Sims Center will also start hosting a much needed afterschool program. Although we acknowledge the value and need for a JSC that will serve adults who have been released from jail and consequently need assistance and support, we feel that these services should not be offered at a recreation facility that also serves young children. Most parents are not going to allow their children participate in this type of setting. This will make it very difficult to organize recreation programs at this facility. As mentioned previously, a JSC requires office space and related equipment to operate. When the Sims was being planned, and based on feedback we received from local stakeholders and residents, it was designed to accommodate three full time employees, related equipment, supplies and recreation programs. At that time, we were not aware that the building would eventually be dedicated to be one of the County's three YVPP Empowerment Centers. This involved making the necessary accommodations to host a YVPP at the Sims Center, which included making space for two more full time employees, and dedicating a significant amount of program area to the program. Adding two more people, their related equipment and services to the Sims Center would negatively impact the recreation programming in the building. 2100f375 This is further complicated by the licensing that will be required by the State when the facility begins hosting an afterschool program. During the hours of2 - 6 p.m. when the licensed school-age program will be meeting, no other children or adult programs can be held in the building. Those working an afterschool, staff and volunteers, must complete a background check conducted by the Florida Department of Law Enforcement and the Palm Beach County Sherriff's Department. Licensing is issued by the State of Florida Department of Health. No other programs may be held at a facility while it is hosting a licensed afterschool program. Staff also analyzed if the Hester Center could host a JSC. Although the building is not open to the public till noon, a JSC generally needs to operate on a broader schedule to deliver its services. All the office space at the Hester Center is occupied and, most importantly, it is one of our two licensed afterschool facilities. Consequently, we could not offer an afterschool program concurrently with a JSC. Although we pride ourselves for our altruistic nature, the department does not support placing a JSC in one of our recreation centers. We believe it is not appropriate to inter-mingle people with criminal backgrounds with the children participating in our recreation programs. WM/ 211 of375 Criminal Justice Co"unission jOt NOrth Olivr: /'Wl.:"rH.lt', $uiw 1001 West Palm l,e,lcl1, FI. 1J401 4ill~ (~61) ):j~;-i\q.l j FAX: (,,61) )t>,i-19,1I www,pbq~<)v'l:OI[1fl..'.i(' . Palm BCi\cl1 County Roard or COlil'~ Commissi[)n~rs Jeff !\UUn~_ L.11a~l'ln:H1 Dllf'f' i\:1I':HI:-iOll. VIl:e Ch,lil'111.111 h.J.f~'n T ~d;]r(,lI:-; Sh:lll~Y \'an.l Slevl'1I :_. ,'\br'~H't'~; .I~,.'~:~ I~, ~;:'lI1l"lIllai;: Pri~<~ill~1 /\. T~I.~'.(ir Cuunt.y Ad.mlnistnltur l~[")hl~rt 'Ni..:i~ln~(n '~""~~h\\;... ":'In I[{/lm/ ()p;)(.Irrrmr~~' /!t./i'rmmivc /Ieticon Hmp'i~pl:'/"" i""A, ~Ql prinrod (J1I r4~I~ycted pa~'r October 6, 2009 Ms. Lori La Verriere, Assistant City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Youth Violence Prevention Project - Justice Service Center Dear Ms. La Verricre: After lJluch rescarch and meeting with city staff and community members, I am recommending that the Boynton Beach Justice Service Center (JSC) be housed at thc Sims Center. I have toured the Sims Center, Hester Center, library, and St. John's church for possiblc placement of the JSc. Each lacility poses problems such as sharing small office spacc with other programs to ethic<l-l and legal issues at the church due to young children being on the premises during program hours. Sims Center. while <1-150 not ideal, has several advantages. First, staff who work In other components ofthe youth violence prevention project are willing to work in this program and arc already located in thc Sims Center. Computer resources can be sharcd between both programs. The Sims Center also has a side entrance that JSC clients can enter thus avoidi11g the co-mingling of adults and youth. JSC hours can be scheduled during the morning and early afternoon avoiding the disJ:'..lption of programming for youth <l-S well. Summer programming remains an issue. Exclusive occllpancy of classroom 214 would be sufficient space to operate the program and provide community residents with restoration ofcivil rights, record cxpungement,job coaching, access to economic serviccs and other needed services. By providing thc space and utilities, the City continucs their partnership with thc Criminal J llstice Commission and provides <I- needed service for thc southem communities. OCT 9 2~;~~)'J 2120f375 Ms. I.a Vcrrierc City 01" Boynton Ueach Octoher 6, 2009 Page 2 Thank you for your consideration of the JSC, I look forward to another successful venture. Sincerely, !mvNL/r-QIWvr Brenda Oakes Youth Violence Prevention Planning Coordinator CC: Chief Matt Immler Michael Rodrigue~, Criminal Justice Commission, Ex. Director 213 of375 . EMPLOYMENT READINESS TRAINING . JOB COACH/DEVELOPER . SUBSTANCE ABUSE TREATMENT . LEGAL ASSISTANCE . LIFE SKILLS COURSES . EDUCATIONAL ASSISTANCE . BUS PASSES . SEALING/EXPUNGING OF RECORDS . ID/DRIVER'S LICENSE The City of Riviera Beach Justice Service Center 2051 MLK, Jr. Blvd (The Port Center-1 st Floor) Riviera Beach, 33404 561.840.3124 Walk-ins accepted M- Thur. 10am-2pm 2140f375 Criminal Justice Commission Implementation Plan for Youth Violence Prevention Project Each partner, in recognition of the findings of the Criminal Justice Commission's Youth Violence Prevention Project Steering Committee that youth violence must be addressed in a comprehensive and systematic way, wishes to participate in this worthwhile project. Background: The Criminal Justice Commission utilized a national model created by the U. S. Department of Justice, Office of Justice Programs for the development of the Youth Violence Prevention Project. A comprehensive approach was developed using the research compiled by Florida State University and involved professionals from the criminal justice system, education, and human services, and local youth. Florida State University, Center for Public Policy in Criminal Justice, assimilated and analyzed local violent crime data which demonstrates, after a decline from 1994-2002, a significant increase in murders and firearms crimes. Four subcommittees, including crime prevention, law enforcement, courts and corrections, developed a strategic plan. A Youth Workgroup was formed with 25 youth from various areas of the county. The Workgroup surveyed over 500 youth, including juveniles in jail and on Department of Juvenile Justice probation. The recommendations made by the Workgroup have been incorporated into the overall plan. The research supports that a multi-agency comprehensive approach is the most effective. The project incorporates the model programs and the recommendations from the Subcommittees. Components: 1. Crime Prevention: The establishment of a Youth Empowerment Center in each targeted area that provides activities and services to youth ages 13-18, including after school programs and activities, tutoring/mentoring, job training for in school and out of school youth, information on resources, gang prevention outreach, parenting classes, employment services, Safe Schools Programs and transportation. 2. Law Enforcement: The law enforcement strategies include: a. Provide training for all law enforcement agencies on the collection of evidence by standardization of evidence collection policies, procedures and training b. Utilization of the newer technology "license plate recognition cameras" III each of the targeted areas c. Community oriented police officer in each targeted area d. Ad campaigns utilizing bus shelters and billboards to assist in cold case investigations, provide crime prevention tips, and to make people aware of the penalties for gun crimes e. Gun safety programs, including working with gun dealers to better secure the firearms f. Multi-Agency Task Forces i. Violent Crimes Task Force ii. Joint operations with Alcohol, Tobacco, Firearms, and Explosives 3. Courts: The strategies for the Courts component are designed to divert youth from the juvenile justice system and provide the judiciary with additional sanctions. a. Extend Youth Court within each targeted area b. Establish Aggression Replacement Therapy (ART) as a specialized program for violent juvenile offenders. ART provides an alternative treatment program to stem the violence at an earlier age 2150f375 c. Initiate judicial training on ways to involve the parents more in the judicial process to reduce the likelihood of recidivism d. Fund new prosecutor to handle violent firearm crimes with defendants up to 29 years of age and to work with law enforcement on the prosecution of these crimes 4. Corrections: Establish a Justice Service Center in each targeted area to provide assistance to juvenile and young adult offenders up to age 29. The Justice Service Center provides services either on-site or through referrals. These services include employment, substance abuse, mental health, legal assistance, re- entry assistance, life skills, and probation sanction assistance. Educational programs such as Safe Schools and Career Academies, and law enforcement strategies except for the cameras and the community oriented police officer would be countywide. Each targeted area will have an Advisory Board of residents and a Teen/Youth Council. For each area, a Memorandum of Understanding will describe the participation of the local government, human service agencies, foundations and other funding sources. The CJC will maintain oversight until all sites have been established. The specific programs are: Youth Empowerment Centers and Justice Service Centers in the five targeted areas incorporate all four components of the plan. Justice Service Center Partner in the development of the Justice Service Center concept in targeted neighborhoods in order to provide assistance to residents, juvenile offenders, and adult offenders. The Justice Service Center will contract for services to assist residents and both juvenile and adult offenders either onsite or through referrals. These services would include employment, substance abuse, mental health, legal assistance, re- entry assistance, life skills, community outreach, and probation sanction assistance. Employment Services PBCC The Justice Service Center would be able to provide assistance to those seeking employment services. By partnering with the Workforce Alliance and other agencies, the Justice Service Center would offer and array of referrals to partner agencies that can provide the individual with assistance in obtaining employment, gaining self-sufficiency, gaining work skills to obtain employment, and upgrading skills to maintain employment. Services include: . Intake interview . Development of an Employability Development Plan which lists individual long-term occupational goals and the strategies to accomplish the goal (including short-term employment goals). . Development of a budget with the individual. . Completion of a resume(s). . Teaching of job search and job keeping skill s Responsibility PBCC 2160f375 through the Job Coaching process and through structured workshops. Job placement assistance through the Job Coaching process including monitoring of job search activities, job referrals, individualized j ob development, and other referrals. Life Skills PBCC To further addresses the individual development of emotional, social and cognitive skills and address the individual's habitual way of thinking, acting and relating to others. Goal Setting - Budgeting/financial concepts Values Clarification Communication Skills Building Self-Confidence Anger Management/Conflict Resolution Expectations of Self and Others Critical Thinking Skills Achievement Motivation (Motivation to do well) Developing a Commitment to Learning Handling Family, Social, and Environmental Pressure Decision-Making Positive view of personal future (Optimistic) Relapse Prevention - Sufficient time is needed to rehearse relapse coping skills including self-monitoring of thoughts, problem emotions, and behaviors that have lead to relapse in the past. Employability Skills PBCC Job Search Skills Job Keeping Skills 217 of 375 10. B CITY MANAGER'S REPORT February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER i:8J CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review staff analysis of the compressed work week (4-10 hour days) at City Hall, Public Works and the Library and provide direction to staff regarding continuation of the compressed work week program. EXPLANATION OF REQUEST: As part of the budget process for Fiscal Year 2009/10, the City Commission adopted a budget that reflected implementation of a compressed work week at City Hall and Public Works. This action was taken in an effort to reduce operating expenses for utilities and also to explore potential work efficiencies. As part of this endeavor, the City Library also reduced its operating hours by eliminating Friday service hours. The budgeted annual savings associated with this effort was $140,000 which was apportioned to the various line items in the department budgets. The City chose to implement the compressed work schedule beginning June 8, 2009 for three specific reasons. First, there was a desire to save additional dollars in the remaining months of the 2008/09 FY Budget and secondly, an immediate transition to the compressed work week would provide much needed data that could be used to quantify actual dollar savings achieved in anticipation of preparation of the FY 2010/11 Budget. Lastly, early implementation of the compressed work week allowed staff to evaluate the impact upon the public that results by closing many operations one day per week yet extends the hours of operations the remaining four days per week and also afforded staff sufficient time to plan for daycare needs for the fall semester of school. Financial Results (Summary - Exhibit A) 2180f375 Our new estimated annual savings based upon actual experience is $143,232. Energy Savings (City Hall - Exhibit B) Because we now have five full months of utility billing records, we are able to better estimate our annual savings based upon actual bills received during this period. We are able to compare our costs and energy consumption to similar billing periods in calendar year 2008. We were realistic in our expectation that we would save energy. After all, the HVAC equipment now operates fewer hours per week and experiences one less start up/shut down cycle. At City Hall, we expected to save around $46,700 annually. Our annual savings estimate is now $77,122. During this period, we not only saved significant dollars, we consumed 327,960 less KWH of electricity as well. This is a reduction of 20.7% compared to 2008 electricity consumption levels. That is an outstanding reduction in power consumption that will contribute to a reduction in the City's carbon footprint. Staff notes that some of the energy savings is associated with a stricter implementation of temperature controls and employees too have been more cognizant of their power consumption. Many spaces now have labeled light switches to remind employees to turn lights off when rooms are not occupied. We have also experienced energy reduction associated with closing the Library one additional day per week. We estimate annual energy saving in the Library at just over $10,000 annually. We are unable to compare energy consumption to prior years because the fully renovated and expanded library was not in operation during similar billing cycles in 2008. Therefore, our conservative estimated reduction is based on the reduction in customer hours. Vehicle Fuel and Maintenance Savings (Exhibit C) We had assumed that we would experience operational efficiencies, particularly in Public Works, by working a compressed work schedule. The estimated savings at the time of last year's budget preparation was $50,000 annually. Our measured experience to date yields an annual fuel savings of $17,354 and maintenance savings of $26,655. We were pleased to find that fuel consumption has been reduced by around 28% and is directly associated with working longer hours at job sites yielding less driving to them. When crews work one less day per week they have less trips to work sites, material supplies, City shops, etc. Savings in maintenance cost is somewhat harder to estimate. However, the documented fuel reduction of 28% correlates to reduced vehicle miles during the evaluation period and compared to prior years. One can reasonably assume that reduced vehicle miles will translate into less frequent preventative maintenance and longer vehicle life. Therefore, if we continue with a compressed work schedule, it is certainly reasonable that our annualized vehicle purchase cost will be reduced as will vehicle maintenance expense. Lastly, and probably most notably, we experienced much more than simply dollar savings in our fuel budget. By reducing our fuel expenditures we reduced our fuel 2190f375 consumption. On an annual basis, we estimate that Public Works alone will consume nearly 7,300 gallons less fuel per year. That is significant and affects our City's carbon footprint in a very positive way. Custodial Savings We had initially assumed custodial savings of around $70,000 per year. However, this savings was based upon full transition to contractual services and also assumed one less cleaning day per week. This action would have required layoff or relocation of existing custodial staff and that was not a desired policy directive from the City Commission. Therefore, we have maintained existing staff and we have reduced reliance upon our contractor. There is likely around $10,000 per year savings based upon our current experience. However staff is not confident in the data collected thus far therefore it would be premature and irresponsible to attribute savings at this time to custodial operations. As the months progress, additional data will be collected and realized savings will be more readily apparent. Therefore staff is not including any savings associated with custodial services in this report. Personnel Savings The City recognized that transition to a 1 a-hour work day may not be desired by some staff for a variety of personal reasons. Employees were given the option to work a reduced schedule of 36 or 38 hours per week. Several employees chose this option. Our estimated annual savings associated with this is $11,027 and is based upon measured payroll reduction. Actual numbers may be slightly higher or less since the employee participation rate has varied from month to month. How HAS/WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Customers Although the initial purpose of the compressed work week was primarily to reduce cost, there was acknowledgement early on that the compressed work would impact our operations and customer service. Early on we recognized that there was obvious inconvenience to the public by closing on Friday. We also surmised that longer hours, and the corresponding early and late hours, may also benefit the public positively. We recognized that much of the negative impact associated with office closure on Fridays would be felt early in the process. Public services and associated business hours tend to be something that is learned by the users. Therefore, anecdotally, we know that users were initially surprised to find City Hall closed on Fridays. However, as time has progressed, there seems to be a consensus opinion among City staff that the public has learned that their business must be conducted from Monday to Thursday. 2200f375 A number of departments were queried about the impact of the compressed work week. Attached are the following department comments in their original format. . Development/Building Department . Library Narrative . Library Visitor Data . City Clerk Narrative Exhibit D Exhibit E Exhibit F Exhibit G In addition to the above data, the Utility Department report that there has been very minimal impact on their customer service operations. All phone calls that are normally received by Customer Service are now routed to Utility staff on Fridays. Utilities further reports that service turn on I shut offs have not been affected. They advise that customer comments are generally positive because there is an appreciation that concerns about, and payment to, customer utility accounts can be processed before and after a customer's own regular working hours. Employees No evaluation of the compressed work week would be complete without discussion of the impact on the employees themselves. There is general consensus among the employees that the compressed work week has enhanced their quality of life. As would be expected, some employees do not favor the longer working hours. There is an appreciation though for that "extra day" through the week to address personal matters. The Human Resources Department conducted an internal staff investigation to gauge employee sentiment in the compressed work week. This survey is attached as Exhibit H. FISCAL IMPACT: The compressed work week saves the City approximately $143,000 per year. AL TERNATIVES: Revert back to 40 hourIS day workweek. 1. Return to the S day schedule and amend the budget to reflect the additional cost for the remainder of this fiscal year by increasing expenditures in the amount of $93,300 (8 months). 2. Return to the S day schedule beginning October 1, 2010 at the beginning of next fiscal year. Budget will be increased by $143,000. 3. Explore additional opportunities for compressed work weeks and facility closures in all other City programs. Opportunities to be presented as part of the FY2010/11 budget process. 2210f375 Item of Cost Sav;nas CITY OF BOYNTON BEACH Estimated Annual Savings of Four Day Work Week Notes & Comments City Hall Electricity (Actual Reduction is 20.7%) Library Electrtcity Recreation Centers Electricity Water 1 Sewer No changes in Recreation Buildings Vehicle Fuel and Maintenance Estimated Vehicie Fuel (Actual Reduction is 28.3% less fuel consumed) Vehicle Maintenance (Estimate 15% Reduction and not 28.3%) Custodial Contracting 4 days Custodial_ Rec Centers (10101) No emptoyees laid off at Commission direction No changes in Recreation Buildings Conservative Budget Estimate - Use >>> Staff hours reduction 2220f375 Budget Estimate SavinQs Range Low Average !:lli!!l $ 30,000 46.700 $ 55,000 $ 25.000 32,500 $ 40,000 $ $ $ 2,500 4,000 $ 8,000 $ 40,000 $ 50,000 $ 60,000 $ 10,000 $ 70,000 $ 130,000 L- L- L- ~ $ 200,25Q. $ 293,000 ~ ExibitA $11,027 $143,232 FPL SAVINGS - City Hall - Exhibit B SERVICE DAYS SAVINGS at 2010 Rate PERIOD COVERED BilLING AMOUNT KWH KWH/Day S/KWH S" KWH 32 July 2008 06-26-08 to 07-28-08 $30,013 340,560 10,643 $0_0881 32 July 2009 06-26-091007-28.09 $25,434 264,840 8.276 $0_0960 $7.272 75J20 29 Augusl2008 07-28-081008-26-08 $30,989 315,960 10,895 $0_0981 29 August 2009 07-28-09 to 08-26-09 $24,276 247.560 8,537 $0_0981 $6,707 68,400 31 September 2008 08-26-08 to 09-25-08 $31,413 325.800 10.510 $0_0964 31 September 2009 08-26-09 10 09-25-09 $24,840 249,720 8,055 $0.OB95 $7,568 76,080 29 Gelobe r 2008 09~25-08 to 10-24,08 $30,295 310,560 10,709 $00975 31 Oelober 2009 09-25 to 10-26-09 $25,005 256,200 8.265 $0.0976 $5,306 54,360 31 10~24-08 to 11-24-08 $29,027 293,640 9,472 $0.0989 29 10-26 to 11-24-09 $23,761 240,240 8.284 $00989 $5,282 53,400 TOTAL SAVINGS TO OATE $32,134 327,960 ESTIMAT~O ANNUAL SAVINGS $77.122 787,104 Energy Red, 2{),7% lbrary Electric Old Hours 62 New Hours 54 Reduction in hours 12.9% (us€- 10% reduction in electrIC from 2009 consumption) 2230f375 Fuel Savinqs for Public Works 4-10 Schedule Exhibit C Department Julv-OB Auqust-OB September-OS October-OS November-DB Savings Maint Exp. Public Works 45.20 80.00 0.00 77.70 32.60 Facilities 520,80 582.90 425.30 541.20 465.00 Fleet 218.90 229.10 171,60 204.00 82AO Streets 710AO 585.10 591,30 606.20 477.00 Forest 664.50 634.10 664.10 621.70 431.20 Engineering 171.60 250.00 204.90 230,30 266.30 Gallons 2331AO 2361.20 2057.20 2281.10 1754.50 10,785 Department Julv-oS Auqust-OS September-09 October-OS November-09 Public Works 33.20 60.S0 81.10 103,50 45.40 Facilities 322,10 465.90 415.80 425.00 387.30 Fleet 116.50 100.20 210.90 118,60 143.70 Streets 423.20 398.80 415.20 426.10 283.20 Forest 441.70 386.80 456.70 380.40 383.30 Engineering 165.00 119.90 150.30 125.90 147.80 Gallons 1501.70 1532.50 1730.00 1579.50 1390.70 7,734 5 month Savings (Gal) 3,051 12 month est. savings (g 7,322 Current Fuel Price 12/2 $2,37 Annual Fuel Savings $17,354 Assume 15% Maint $26,655 Total Ann, Savings $44,009 2240f375 $3,572 $43,000 $0 $53,434 $51,320 $26,371 $177,697 28.3% Exhibit D from: Byrne, Nancy Sent: Monday, January 11, 2010 8:35 AM To: Livergood, Jeffrey Cc: Greene, Quintus Subject: Customer Response to 4-10'5 Hi Jeff, Beiow is some data from Development for Friday activity. To gather the data, we used our sign-in software program (all customers who drop by are required to sign in), Laserfiche Weblink (used by customers to download development-related records), survey cards, and we polled staff members who interact with our customers - such as the receptionist, Application Technicians, etc - for their observations with regard to customers' reactions and comments to the scheduie change. All data gathered is from the period of June 8, 2009 through December 31,2009. Sign-in software Average of 68 customers per day, with about 18% of them taking advantage of the extended hours (7-8 a.m & 5-6 p.m.). Laserfiche Web/ink (Friday hits only) Usage does not seem affected by the new hours of operation (probably because this is an online service). The data shows a decrease from the same period last year. June 08 - Dec 08 = average of 78 per Friday vs June 09 - Dec 09 = average of 58 per Friday Survey cards None of our Development customer comment cards received from June through December indicated any customer dissatisfaction with the new hours. Staff comments Staff in every division has been able to accommodate our customer's needs within the existing workweek, and Building continues the option for customers to schedule Friday inspections, for a fee, to cover the inspector's salary & OT. Overall staff reports a steadily decreasing number of complaintslinquiries about Friday services from a starting average high of about 10 messages in June to a low of 2 in December. (Based primarily on Voice Mail messages left on Friday's seeking services.) This is a department wide statistic. From the Building division: How have we handled permit issues and the need for inspections on Fridays? The Building Division continues to provide pre-paid overtime inspections (aka reimbursable inspections) to our customers. This is a service that is offered not as a result of the 4/10 schedule, but one that we have practiced for over ten years. Most requests for overtime inspections come from commercial contractors with tight deadlines. We do receive the occasional request from home owners who work a typical Monday.Friday schedule and who appreciate the convenience of a weekend inspection. Historically we have received very positive feedback from the contractors and developers regarding this service. Pre-paid inspections are performed by the Building inspectors on a voluntary basis according to their availability during non-scheduled work hours (I.e. after hours, Fridays and weekends). Pre-paid inspections are paid for by the customer in advance of the requested inspection. A minimum deposit is required at the time of the request and these funds are used for subsequent inspections for the specified permit. The balance of any unused funds is returned to the customer. The Administrative Assistant to the Building Official monitors and maintains the records for all pre-paid overtime inspections. 2250f375 From June 8, 2009 to present (34) reimbursable inspection accounts have been established and (33) pre-paid overtime inspections have been completed. Of the (33) pre-paid inspections performed, (23) were conducted on a Friday. How has the migration to on-line permitting services worked? What are other benefits and challenges? The extended hours have improved our capability to serve customers who work standard 9-5, Monday-Friday jobs. Our citizens like the fact that they can be serviced before or after their work day without having to take time off from their jobs. Contractors also seem to prefer getting their paperwork done early in the morning so they can accomplish more during the day. Customers feel they can plan their days better because our new hours are the same as most of the surrounding municipalities. Overall, customers feel that the Building Division's permit issuance process has become more efficient and timelier due to the 4/10 schedule. Please let me know if there is anything else you would like us to examine as backup for your report. 2260f375 Exhibit E BOYNTON BEACH CITY LIBRARY CUSTOMER RESPONSE TO 4-10'5 Submitted by Craig Clark, Library Director In response to your request for information about the impact of Friday closings on Library customers, I have discussed customer reactions with Library Managers and compiled Library utilization statistics. On January 5th Library Managers discussed Friday closing at our weekly meeting. Library Managers have not had any specific customer complaints about the Library being closed on Fridays. We have had "conversations" with customers who had questions about "why Friday?" but when we talked with them about Friday being our slowest day, etc., they were satisfied with the explanation. We have not had any comments about the Friday closing in our Library Suggestion Box. Library utilization is an aggregate of multiple types of library uses. We have reliable statistics for visits to the Library, circulation of materials, and computer use. Numbers for February 2008 and March 2009 showing decreases reflect closings for the two construction moves. Library Visits: This measurement is taken by automated counters that are built into the security gates located at the main entrance and mid-way down the corridor to the Program Room. This count measures customers entering and leaving the Library. Because of the location of the counters, it does not measure those entering the building for meetings or programs in the Program Room, if they do not enter the main portion of the library. For this report, we have been able to compare 2008 with 2009, as well as January through May 2009 with June through December 2009. Library visits increased by 18,232 customers from 2008 to 2009, Monday attendance for June through December 2009 increased by 23.9% after we closed on Fridays. Saturday visits increased 19.8% and Thursday visits by 18.6%, comparing January through May and then June through December. Circulation: This measurement is taken by our automated circulation system and counts all books, magazines, AN materials borrowed from the Library. For this report, we have compared 2008 with 2009, as well as January through May 2009 with June through December 2009. Circulation has increased every month over the previous year, with the exception of December. 2270f375 Computer use: Our automated computer reseNation system records the number of uses by the length of the session. We tripled the number of computers with the opening of the renovated building. As a result, we do not have comparative data for 2008. For this report we have January through May 2009 with June through December 2009 appointments. We show increased in both adult and juvenile computer use for all of 2009. Overall conclusion: Library customers do not seem to have an overall concern about the library being closed on Fridays, but now have an understanding about why Friday was the chosen day to be closed. Statistics show that customers who visited on Fridays now visit the library on Thursdays, Saturdays or Mondays. 2280f375 Exhibit F Boynton Beach City Library CALENDAR YEAR STATISTICS able 1: Librarv Visitors bv Month Month Jan Feb Mar ARr M.M Jun Jul A!!g ~ Oct Nov Dee R08 25,048 19,805 9,091 27,186 22,896 25,935 29,914 25,264 25,110 31,805 23,749 25,632 R09 29,311 14,573 27,424 26,832 23,725 30,062 28,621 27,006 24,974 27,599 23,564 25,976 UBRARY MOVE able 2: Librarv Visitors bv Dav; Jan - Mav 2009 &. Jun - Dee 2009 otal Gate Count: Jan - Mav Jun - Dee 121,866 187,801 isitation Per Day Sun Mon Tue Wed Thu Fri Sat Total on 09 - May 09 Closed 22,056 21,764 19,889 21,000 14,949 22,210 121,866 .n 09 - Dee 09 Closed 46,880 40,301 37,731 37,058 867 24,965 187,801 able 3: Librarv Visitors bv Dav; Jan - Dee 2008 &. 2009 Day Sun Mon Tue Wed Thu Fri Sat Total R08 CLOSED 55,627 57,848 55,792 48,939 33,852 39,378 291,435 R09 CLOSED 68,935 62,065 57,619 58,058 15,815 47,175 309,667 able 4: Circulation Statistics: Jan - Dee 2009 Month Jan Feb Mar ARr M.M Jun Jul A!!g ~ Oct Nov Dee R08 27,736 24,664 8,211 27,673 24,878 28,338 31,478 28,075 29,670 30,330 25,682 30,152 R09 33,071 16,793 30,643 31,865 29,481 34,717 33,583 31,976 31,202 31,900 28,572 29,638 able 5: Adult and Youth Com outer Usaoe; ADril 2009 - December 2009 Month ARr M.M Jun Jul A!!g ~ Oct Nov Dee Total dult 3,668 3,779 4,107 4,133 4,773 4,960 5,693 4,597 5,130 40,840 outh 473 1,842 2,560 2,899 2,685 2,669 2,841 2,284 2,694 20.947 61,787 I ~ ., -j~'n.',\':~ ":~-"';';;1 ;::~.:.~. 'd~ ;;;; t;,' ~ '; ''; ;.,:: .,:~~~ .'~'~;;; 0/: ',1; ~ "':;',; '.~:;~:':~',.<;~.:,;>':~,),(~jt':,':;: ;:;~'~~/.c! -:c.~~, >~. :.:'~~'> ': !l!: I1M1 ! ~ I ! p 2300f375 3. What impild: has rnmrerting to iI ..... (4) diJv' worlc.wedc: had 1m.,.... .....ly/persoua.life? 60 N u m b e R e p o n e An5wers 4. Please seled: ...,. benefits you -."lJoJle to"" ...... (4) Wy- __ L...A (as ..........,.. to atrodtional mre (5) Wy- __ L...A): s.. Please seled: ...,. ......--pIl'iiI effeds thai: you -."lJoJle to"" ...... (4) Wy- __ L...A (as ..........,.. to atrodtional mre (5) Wy- __ L...A): 23 1 of 375 6. If you ~ iIrDI#S, IIiI1re you Ii'SOJSSed this with.,.... ~sor? 32 N u m b e R e p o n e Answers Please explain: 7. sa-.ld. City mnIi~...... (4) diJy workweda 100 N u m b e R e p o n e 2320f375 8. Any IIIhrr ....._~ib ~ng ~ ..... (4) diJy- ....Ib-....-..Il? 9. PI~ 1l"DIrryum- ~ (Last.. lirsl) (0pIi1lllill): 10- PI~ med:yum- ~ (0pIi1lllill): 31 N u m b e R e p o n e Answer.; 2330f375 10. C CITY MANAGER'S REPORT February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER i:8J CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Verbal report on purchase negotiations for Police Facility Office Space EXPLANATION OF REQUEST: On January 19, 2010 the City Commission authorized staff to commence negotiations with Compson and Associates for the purchase of up to 65,000 sq. ft. in the building at 1500 Gateway Blvd. Staff is developing a basic timeline for the purchase process and will discuss this at the City Commission meeting on February 2,2010. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? Information FISCAL IMPACT: Information ALTERNATIVES: Information. 2340f375 10. D CITY MANAGER'S REPORT February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER i:8J CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Review staff ideas for Municipal Election Public Service Announcement and other election information. EXPLANATION OF REQUEST: At the 1/19/10 Commission meeting there was public inquiry as to what the City was doing to announce or publicize our municipal election on 3/9/10. The Commission expressed an interest in having staff develop some form of a Public Service Announcement (similar to Census PSA). HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? With the approval of the Commission staff is able to produce a 30 second PSA encouraging residents to exercise their right to vote. The PSA will include English, Spanish and Creole language. Staff recommends airing the PSA on BBTV and our website. We anticipate having the PSA produced and ready to air by 2/15/10 and will air it at our 2/16/10 Commission meeting. In addition to the Public Service Announcement, more specific election information (polling places, sample ballot, how to register to vote, etc.) is on the City website in both English and Spanish. This year we will also add a Creole version. FISCAL IMPACT: Other than staff time there will be no monetary expenditure. ALTERNATIVES: Not approve development of a PSA. 235 of 375 12.A NEW BUSINESS February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE ~ NEW BUSINESS AGENDA ITEM D CONSENT AGENDA D LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Request code review and prohibition of adult uses in the City's Zoning Ordinance. EXPLANATION OF REQUEST: This request is from Commissioner Rodriguez who has requested that the City Commission direct staff to prepare regulation changes that would eliminate adult use establishments. Currently, this use is permitted in the C-3, Community Commercial district, Planned Commercial Development district, M-1, Industrial district, and in the Planned Industrial Development district. Such uses are allowed as conditional uses in the C-4, General Commercial district. Whether permitted or conditional, such uses are subject to a 1,000 foot minimum setback from residential areas, schools, recreation areas and churches. This is per Section 11.M of the Zoning Ordinance. Adult entertainment establishments are defined in Chapter 1, Article II. Definitions, of the Land Development Regulations, which reads as follows: "A commercial enterprise which predominantly limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment or employees." How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Elimination of adult uses may reduce overall police operational costs. FISCAL IMPACT: See above ALTERNATIVES: This is a request to review the code and make changes. The alternative would be status quo. 2360f375 13.A LEGAL February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS ~ PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA ~ LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO.1 0-003 - SECOND READING - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Amend the Future Land Use Map classification for the 1.249 acre property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). PROPOSED ORDINANCE NO.1 0-004 -- SECOND READING - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Approve rezoning the property from Infill Planned Unit Development (IPUD) to C-3, Community Commercial. EXPLANATION OF REQUEST: The above request applies to the site of the expired townhouse project known as Hemingway Square. The request, if approved, would return the property to its previous LRC land use classification and C-3 zoning district. In addition to the land use amendment and rezoning, the applicant is requesting site plan approval for an 18,000 square foot, two-story office building and related site improvements. The requested land use amendment is a "small scale" amendment and therefore is not subject to a full review by state and regional agencies prior to adoption. Staff recommends that the subject request be approved. The Planning and Development Board recommended that the subject request be approved on December 22,2009. The City Commission on January 19, 2010, approved this request under Public Hearing and Legal, Ordinance- First Reading. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A 2370f375 FISCAL IMPACT: Possible benefit to property tax base with the ultimate development of inactive property. ALTERNATIVES: Deny the land use amendment and rezoning request. 238 of 375 ORDINANCE NO. 10-003 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY ROBERT VITALE, AND LOCATED AT 2319 SOUTH FEDERAL HIGHWAY, NORTHWEST CORNER OF SE 23RD AVENUE AND FEDERAL HIGHWAY; CHANGING THE LAND USE DESIGNATION FROM SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land located at 2319 South Federal Highway, northwest corner of Southeast 23rd Avenue and Federal Highway; changing the land use designation from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). 2390f375 LOTS 1 THROUGH 5, "ROBINSON ADDITION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM COUNTY, FLORIDA. CONTAINING 55,955 SQUARE FEET / 1.285 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF -WAY OF RECORD. LESS EXISTING R-O-W FOR U.S. HIGHWAY NUMBER 1 (STATE RD 5) AND LESS EXISTING R-O-W FOR SE 23RD AVENUE; AND INTERSECTION OF US HIGHWAY 1 AND SE 23RlJ A VENUE Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this _ day of ,2010. SECOND, FINAL READING and PASSAGE this _ day of ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor 2400f375 Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) 2410f375 ORDINANCE NO. 10-004 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF ROBERT VITALE, REALTY ACQUISITIONS & TRUST, INC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 2319 SOUTH FEDERAL HIGHWAY, NORTHWEST CORNER OF SOUTHEAST 23 A VENUE AND FEDERAL HIGHWAY AS MORE FULLY DESCRIBED HEREIN, FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) TO COMMUNITY COMMERCIAL (C-3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Robert Vitale of Realty Acquisitions & Trust, Inc., has filed a petition to rezoning a parcel ofland more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City's Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land located at 2319 South Federal Highway, the northwest corner of South Federal Highway and Southeast 23 Avenue is hereby rezoned from Infill Planned Unit Development (IPUD) to Community Commercial (C-3): 2420f375 LOTS 1 THROUGH 5, "ROBINSON ADDITION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM COUNTY, FLORIDA. CONTAINING 55,955 SQUARE FEET / 1.285 ACRES, MORE OR LESS. SUBJECT TO EASMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF -WAY OF RECORD. LESS EXISTING R-O-W FOR U.S. HIGHWAY NUMBER 1 (STATE RD 5) AND LESS EXISTING R-O-W FOR SE 23RD AVENUE; AND INTERSECTION OF US HIGHWAY 1 AND SE 23RlJ A VENUE A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of ,2010. SECOND, FINAL READING and PASSAGE this _ day of ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez ATTEST: Commissioner - Marlene Ross 2430f375 Janet M. Prainito, CMC City Clerk (Corporate Seal) 2440f375 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 09-088 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras Senior Planner DATE: December 10, 2009 PROJECT NAME/NO: Hemingway Square Medical Office / LUAR 09-004 REQUEST: Amend the Future Land Use Map classification on the property from Special High Density Residential (SHDR) to Local Retail Commerical and rezone the property from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. PROJECT DESCRIPTION Property Owner/Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Agent: Jose G. Fernandez, Slattery and Associates Architects & Planners Location: 2319 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/Zoning: SHDR (Special High Density Residential) / IPUD (Infill Planned Unit Development) Proposed Land Use/Zoning: LRC (Local Retail Commercial) / C-3 (Community Commercial) Proposed Use: Medical Office Acreage: 1.249 Adjacent Uses: North: Property designated Local Retail Commercial (LRC) and zoned C-3 Community Commerical but occupied by a single-family residence. To the northwest, property designated High Density Residential (HDR) and zoned R-3 Multi-Family Residential; South: Right-of-way for SE 23rd Avenue, and farther south property designated Local Retail Commerical (LRC) and zoned C-3 Community Commercial (Sunoco Gas station). To the southwest, property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit 2450f375 Development (IPUD), developed with 64 unit townhouses (Coastal Bay Colony); East: Right-of-way for Federal Highway, then Tuscany on the Intracoastal, a codominium complex designated Special High Density Residential (SHDR) and zoned R-3 Multi-Family Residential; and West: Property designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, currently occupied as a single-family residence with frontage on SE 23rd Avenue. EXECUTIVE SUMMARY Staff recommends that the requested land use amendment and rezoning be approved for the following reasons: 1. The request is consistent with the goals and objectives of the Comprehensive Plan; 2. The request is consistent with the intent of the Federal Highway Corridor Community Redevelopment Plan; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by existing capacities (traffic impact on the roadway network has not yet been analysed) ; and, 4. The proposed development will contribute to the overall economic diversification and economic growth of the City. The submittal of the Land Use Plan Amendment (LUPA) traffic impact report is a condition of approval for this request. BACKGROUND In July of 2006, the subject property was approved for a project consisting of 21 townhouse units (Hemingway Square). The approvals included a land use amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) and a rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD). The approvals were granted at the peak of the housing market boom; the market started to deteriorate soon thereafter, undermining the financial feasibility of the project. (the data on the Palm Beach county housing market has consistently shown the townhouse market to be especially depressed). The property owner did not apply for a site plan time extension and, consequently, the site plan expired in July of 2007. The IPUD is a planned zoning district and therefore expiration of the master plan/site plan technically implies concurrent invalidation of rezoning action, which means that the application for a new site plan with an IPUD zoning district would require a concurrent submittal of the rezoning application even though the Zoning Map continues to show the IPUD designation on subject property. The IPUD regulations (as opposed to those of several other planned zoning districts) do not include explicit provisions regarding time limitations for development of an IPUD- zoned property. However, Chapter 2, Section 9.C.13 of the Land Development Regulations contains such provisions, applicable to rezoning in general. The code stipulates that, if no action is taken within 18 months of the approval of rezoning, the City Comission shall review the zoning, and may direct the city manager to file an application for "a more restrictive zoning district or a land use category". The Commission took no action to initiate possible reversion of the zoning and land use to the previous/more restrictive zoning district or land use category. 2460f375 Given the market situation, the applicant has turned to a non-residential option for the development of the property, a medical office. The applicant's request, if approved, would amend the property land use to its previous LRC classification. The previous zoning was a mix of C-2 Neighborhood Commercial and C-3 Community Commercial; the C-3 zoning is requested. PROJECT ANALYSIS The parcel, which are the subject of this land use amendment, totals 1.249 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. 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 or a rezoning. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling units exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The C-3 zoning district allows multifamily dwellings with a maximum density of 10.8 dwelling units per acre, a decrease from the previous 20 units per acre in the IPUD, therefore the first part of the criterion (a) is not applicable. The subject request is consistent with City's Comprehensive Plan objectives and policies, including the following: Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy. Policy 1.17.1 The City shall continue to attract a mix of high value industrial, commercial and residential development that will strengthen the tax base and generate employment opportunities for residents without affecting the City's neighborhoods and community character. Objective 1.8 The City shall discourage the proliferation of urban sprawl and shall facilitate a compact urban development pattern that provides opportunities to more efficiently use and develop infrastructure, land, and other resources and services by concentrating more intensive growth within the City and the City's utility service area. The request is also consistent with the Federal Corridor Community Redevelopment Plan, which recommends commercial uses in Planning Area V, where the subject property is located, to be community-serving in nature. 2470f375 b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The land use patterns in the subject area are fairly diverse, and include both residential uses of varying densities and commercial uses. Several properities are clearly uderutilized or developed with non-conforming uses. Some properties were redeveloped in recent years; however, the general land use pattern remains generally inefficient. The proposed rezoning would not create an isolated district, since properties north and southeast of the subject parcel are zoned C-3; these properties, as well as the property west of the subject parcel, have the LRC land use designation, requested by the applicant. c. Whether changed or changing conditions make the proposed rezoning desirable. As discussed in the Background section, the previously approved project is one of the many casualties of the residential market collapse. It is highly unlikely that it will be financially feasible in the nearest future. Even though commercial and industrial markets are also depressed, a C-3 zoning would give the applicant a number of choices, including those which may do better under the current market conditions (such as the proposed medical office). Moreover, the ongoing recession has underscored the need for diversification of the City's economy, for the benefit of both the community Gobs) and the City (diversification of the tax base). d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning is compatible with utility systems, roadways, and other public facilities. This conclusion is based on the following analyses: Potable Water and Sewer Demands for water and sewer capacity will increase due to the addition of 18,000 square feet of medical office onto the site, which is currently vacant (commitments for the previous approval were voided with the expiration of the site plan). Total project demand for potable water is estimated to increase by 4,500 gallons per day. Demand for sewer capacity is estimated to also increase by 3,600 gallons per day. The City's water, sewer and wastewater treatment capacity is available to serve the project (see the table below). Water Plants' installed capacity 29 MGD peak daily flow SFWMD permitted withdrawals 20.9 MGD annual average daily flow Contracted amount to purchase from County 5 MGD peak daily flow Wellfields' permitted capacity 20.9 MGD annual average daily flow Total water system capacity 25.9 MGD annual average daily flow Committed or allocated capacity 19.8 MGD annual average daily flow System's remaining capacity 6.1 MGD annual average daily flow Expiration date of water use permit December 2029 2480f375 Sewer Plant capacity Committed or allocated capacity* 24 MGD annual average daily flow 19 MGD annual average daily flow * Committed and allocated capacity includes current flows and future flows committed for projects that have been approved but not yet completed Traffic The applicant has yet to submit the Land Use Plan Amendment (LUPA) traffic impact analysis that will consider long term traffic impacts of the proposed amendment. This requirement will remain as a condition of approval until met. The concurrency traffic impact analysis, which determines if the proposed development conforms to the Palm Beach County Traffic Performance Standards Ordinance, was submitted for the site plan application (NWSP 09-004) that is being processed concurrently. Solid waste On January, 2009, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2024. Orainaae Drainage will be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning would not create any compatibility issues with the current use of adjacent and nearby properties. As discussed in section (b), the land use patterns are inefficient and economically obsolete, with underutilized and non-conforming uses. f. Whether the property is physically and economically developable under the existing zoning. As discussed in the Background section of this report, the existing zoning -IPUD - is a planned zoning district for which the previous site plan expired in 2007. Developing the site under the existing zoning would require a rezoning action. The IPUD is essentially a residential zoning district: commercial uses are limited to uses serving residents of the project developed on the site. There are no physical contraints involved in residential development of the property, but economic feasibility of such option remains challenged by market conditions. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning is of a scale which is reasonably related to the needs of both the neighborhood - in terms of provision of medical services - and also the city as a whole. Boynton Beach is a location of Bethesda Memorial Hospital, a major regional multi-service hospital and one of the main local employers. Some 22% of all employment within the City is concentrated in the health care sector, which continues to grow. The sector has been proven to do very well in the current recession, and is very 2490f375 important to Boynton's current and future economic position within the region. Moreover, aging population will generate increasing demand for medical services. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are probably adequate sites elsewhere in the City for the proposed use; however, in terms of its location, the subject site is well-suited for a medical office. It can serve populations of the adjacent residential developments: about 10,000 live within one mile of the site. Moreover, it is located within a reasonable distance to a concentration of medical office uses surrounding Bethesda hospital (within 0.5 miles of the hospital itself), thus potentially contributing to the greater efficiency of service provision. RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning/land use amendment and found it consistent with the Comprehensive Plan objectives and policies. The rezoning would also contribute to the overall economic diversification and economic growth of the City. The analysis also indicates that the proposed development will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; this analysis did not, however, inlude long-term traffic impact since the applicant has not as yet submitted the LUPA traffic impact report. Therefore, staff recommends that the subject request be approved, with a condition that the LUPA report be submitted and its conclusions accommodated as appropriate. 2500f375 HEMINGWAY SQUARE MEDICAL OFFICE LOCATION MAP EXHIBIT A > ~ % ..J <l' IX: W Q W en . o 12.525 50 75 100 Feet 2510f375 Meeting Minutes Planning and Development Board Boynton Beach, Fl December 22, 2009 7. New Business: Attorney Alexander administered the oath to all who would be testifying. There was agreement both of the Hemingway Square items would be discussed together and voted on separately. A. 1. Hemingway Square Medical Office (lUAR 09-004), land Use Plan Local Retail Commercial (LRC); and Request approval to rezone from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Hanna Matras, Senior Planner, explained the first item was the LUAR and rezoning at 2319 S. Federal Highway. The property was presently designated as Special High Density Residential and had the IPUD zoning. In July 2006, the property was approved for 21 townhouse units known as Hemingway Square. The site plan expired in July 2007. Given the market conditions, the applicant sought a non-residential option for a medical office. If approved, the request would revert back to its prior designation of Local Retail Commercial. The prior zoning was C-2, Neighborhood Commercial and C- 3 Community Commercial. The request was to zone the property to C-3. The request was consistent with the intent of the Code as it pertained to time limitations. If no action was taken within 18 months of the approval for zoning, the City Commission could revert the zoning and land use designation. The size of the parcel makes the request a small scale amendment, which would not have a full compliance review by the Department of Community Affairs. If approved, staff would send the request to the Department of Community Affairs. Staff reviewed the request using the Land Development Regulations and recommends approval. The request is consistent with the goals of the Comprehensive Plan and Federal Highway Corridor plan. There would be no impact on infrastructure. Staff added a condition of approval that the occupant would provide a traffic impact report. Staff did not anticipate any issues from the report which would be submitted prior to the City Commission meeting. 2. Heminaway Square Medical Office (NWSP 08-003), New Site Plan, located at 2319 South Federal Highway, northwest corner of SE 23rd Avenue and South Federal Hi9hway. Request for new site plan approval for an 18,000 square foot medical/professional office building on a 1.24 acre parcel in a proposed C-3 zoning district. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Kathleen Zeitler, Planner, reviewed the request. Staff reviewed the plan' for concurrency, utilities, drainage, access circulation, parking, building height and site lighting. Staffs findings of compliance were contained in the report. Ms. Zeitler revieWed the parking, and pedestrian access. The office design was modern with a smooth stucco finish. The landscape ~Ian had appropriate buffering. The south buffer along SE 3 2520f375 Meeting Minutes Planning and Development Board Boynton Beach, Fl December 22,2009 23rd was 7 -feet wide. East on Federal Highway, the buffer varied between 10-15 feet. The landscaping would be comprised of canopy trees such as Live Oak, Gumbo Limbo, Silver Buttonwood, East Palatka Holly and other palm trees such as, Florida Royal Palm, Sable Palms and Christmas Palms Half of the plant materials would be native and the remaining half will be non-native having medium watering needs.. Staff recommended approval of the plan as presented contingent on the larid use amendment and rezoning, and the 14 conditions of approval. Jose Fernandez, Slattery and Associates, Architects, 2060 NW 2nd Avenue. Boca Raton, was present. Mr. Fernandez distributed an exhibit to the members and thanked staff for their assistance to work out the details of the application. ' The lot was vacant, formerly used as a furniture store. A prior unit made application for the 21-unit townhome project which did not come to fruition. Mr. Fernandez noted there was a great deal of landscaping. As soon as approval was given, they would be retained for the permit documents. They hoped, if approval was granted, they could begin the design elements, permit in the spring, and start construction as soon as possible. There was discussion regarding signage. Staff explained there would be one monument sign. They were allowed a wall sign, but the applicants were not proposing to, install one. If the applicants later decided to add a wall sign, they would have to apply to the City. Mr. Myott was opposed to multiple listing on the parapet. Chair Jaskiewicz opened the floor to public comments for both items. No one coming forward, Chair Jaskiewicz closed the floor. There was discussion the traffic analysis required was a long term capacity analysis, extending up to 25 years into the future. Motion Vice Chair Saberson moved, as to Agenda Item 7.A.1., Hemingway Square Medical Office Land Use Plan Amendment and Rezoning, to approve staff's recommendations subject to all comments of staff. Mr. Lis seconded the motion that unanimously passed. Motion Mr. Lis moved to approve the proposed site plan subject to application for the prerequisite Land Use Amendment Rezoning LUAR 09-004 and subject to satisfying all the comments indicated in Exhibit "C" Conditions of Approval. Mr. Myott seconded the motion that unanimously passed. 4 2530f375 13. B LEGAL February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: FEBRUARY 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA ~ LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 10-005 - SECOND READING -- Amending and restating Article III, Chapter 18 of Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund. EXPLANATION OF REQUEST: The Board of Trustees of the Police Officers' Pension Trust Fund has approved and is recommending that the City Commission approve an amendment and restatement to the Pension Plan Ordinance. The first reading took place on January 19, 2010. The amended Ordinance incorporates . Revisions to the Federal Law for the Federal Heroes Earnings Assistance and Relief Tax ("HEART") Act of 2008 and . Changes to the State law enacted by Chapter 2009-97 (CS/SB538). Modifications to the Ordinance Section (to include the Page number of the attached restated Ordinance) are summarized as follows. Section 18-165. Definitions 3. Compensation has been modified to include differential wages for active duty military service pursuant to HEART (Page 5). 4.c.(3) Creditable service or credited service has been modified to provide service for members who die or become disabled while on active duty military service pursuant to HEART. (Pages 8 & 9) 2540f375 Section 18-166. Board of Trustees Created A. Term of the Trustees has been modified to allow the expansion of the trustee terms from two years to four years pursuant to Florida Statutes S185.05(1 )(a). These expanded terms are effective for terms beginning after the effective date of the Ordinance. (Pages 12 & 13) Section 18-167. Powers of the Board of Trustees E. A new section has been added to require divesture from "scrutinized companies" pursuant to Florida Statutes S185.06(7). (Pages 18 & 19) Section 18-169. Requirements for Retirement - Benefit Amounts C.5.d. Disability Exclusions has been modified to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. (Page 26) Section 18-170. Optional Forms of Benefits C. This section has been modified to allow retirees to make up to two (2) beneficiary changes after retirement benefits commence, pursuant to Florida Statutes S185.161 (1 )(c) and providing the member will be responsible for the cost of any recalculations as a result of any changes. (Pages 35 - 37) Section 18-172. Buy Back of Service B. Prior police officer service has been modified to clarify that members can purchase prior federal police services pursuant to Florida Statutes S185.02(5). (Page 40) Section 18-174. Miscellaneous D. Rights and Benefits Not Subject to Legal Process has been modified to allow for payments to third parties for insurance premiums at the request of retirees pursuant to Florida Statutes S185.05(6). (Page 50) Section 18-176. Termination of plan and distribution of Fund A.-E. The Fund apportionment and distribution procedures have been modified to comply with S185.37 providing for termination of a pension plan should that ever arise. (Pages 64-67) How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: In the opinion of the Pension Plan's actuary, the amendment will have no actuarial impact on the Plan. ALTERNATIVES: Not approve the amendment and restatement to the Pension Plan Ordinance. 2550f375 August 10, 2009 October 1, 2009 ORDINANCE ,2009 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED "PENSIONS FOR POLICE OFFICERS," AND ADOPTING A NEW ARTICLE III IN REPLACEMENT THEREOF TO BE ENTITLED "MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND;" PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the State Legislature of the State of Florida has enacted numerous amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers' Retirement Trust Fund; and WHEREAS, the Federal law has been amended by the Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART")(H.R. 6081; P.L. 110-245) was passed into law and requires qualified pension plans to provide certain benefits; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to revise its Police Officers' Pension Ordinance in order to comply with the State Statutes and Federal law changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference Section 2. Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby repealed and a new Article III of Chapter 18 is hereby adopted as follows: Page 1 of 71 2560f375 August 10, 2009 October 1, 2009 ARTICLE III. MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND Section 18-164. Creation and Maintenance of Fund and Retirement System A. There is hereby created a special pension fund for the Police Officers of Boynton Beach, Florida, to be known as the Boynton Beach Police Officers' Pension Fund. All assets of every description held in the name of the Boynton Beach Police Officers' Retirement Trust Fund shall continue to be held, but such fund shall hereafter be known as the Boynton Beach Police Officers' Pension Fund and shall be administered as set forth in this Article of Chapter 18 of the City of Boynton Beach Code. B. The Fund shall be maintained in the following manner: 1. By payment to the Fund of the net proceeds of the .85% excise tax which is imposed by the City of Boynton Beach upon certain casualty insurance companies on their gross receipts of premiums from holders of policies, which policies cover property within the corporate limits of the City of Boynton Beach as authorized in Chapter 185, Florida Statutes, amended. These amounts are to be deposited with the Board of Trustees within five (5) days of receipt by the municipality. Chapter 185, Fla. Stat. 2. By the payment to the Fund of seven percent (7%) of the salary of each full time police officer duly appointed and enrolled as a member of the City of Boynton Beach Police Department; which seven percent Page 2 of 71 2570f375 August 10, 2009 October 1, 2009 (7%) shall be picked up, rather than deducted, by the City of Boynton Beach from the compensation due to the Police Officer and paid over to the Board of Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All pickup contributions shall be treated as employer contributions for the purposes of determining tax treatment under the Internal Revenue Code of 1986, as amended. All such pick up amounts shall be considered as employee contributions for purposes of this plan. The percentage deducted from the police officers' salaries are to be deposited with the Board of Trustees immediately. Chapter 185, Fla. Stat., Boynton Beach Code of Ordinances Sec. 18-170. 3. By all fines and forfeitures imposed and collected from any police officer because of the violation of any rule and regulation adopted by the Board of Trustees. Chapter 185, Fla. Stat. 4. By mandatory payment at least quarterly by the City of Boynton Beach a sum equal to the normal cost and the amount required to fund any actuarial deficiency shown by an actuarial valuation as provided in Part VII of Chapter 112, Florida Statutes. Chapter 185, Fla. Stat. On an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. Page 3 of 71 2580f375 August 10, 2009 October 1, 2009 5. By all gifts, bequests, and devises when donated to the fund. Chapter 185, Fla. Stat. 6. By all accretions to the fund by way of interest or dividends on bank deposits, or otherwise. Chapter 185, Fla. Stat. 7. By all other sources or income now or hereafter authorized by law for the augmentation of the Boynton Beach Police Officers' Pension Fund. Chapter 185, Fla. Stat. C. Under no circumstances may the City of Boynton Beach reduce the member contribution to less than one-half (Y2) of one percent (1 %) of salary. Section 18-165. Definitions. A. The following words or phrases, as used in this ordinance, shall have the following meaning: 1. "Actuarial Equivalence" or "Actuarially Equivalent" means that any benefit payable under the terms of this Plan in a Form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using eight percent (8%) interest and the 1983 Group Annuity Mortality Table, blending eighty percent (80%) Males and Page 4 of 71 2590f375 August 10, 2009 October 1, 2009 twenty percent (20%) Females, with ages set ahead five (5) years in the case of disability retirees. 2. "Average final compensation" shall mean the average total remuneration received by a police officer during the best five (5) years of service with the city within the last ten (10). Chapter 185, Fla. Stat., Boynton Beach Code of Ordinances Sec. 18-168, as amended by Ordinance No. 0 00-18 and 00-004. 3. "Compensation" or "salary" shall mean the total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime" paid by the primary employer to a police officer for services rendered, but not including any payments for extra duty or a special detail work performed on behalf of a second party employer paid directly to the police officer by the second party employer and amounts oaid to a oolice officer after December 31. 2008 as differential waCles durinCl any oeriod of active duty militarv service lasinCl more than 30 days. This definition also excludes severance pay and other similar payments which are not for services rendered. The member's compensation or salary contributed as employee-elective salary reductions or deferrals to any salary reduction, deferred compensation, or tax-sheltered annuity program authorized under the Internal Revenue Code shall be deemed to be Page 5 of 71 2600f375 August 10, 2009 October 1, 2009 the compensation or salary the member would receive if he or she were not participating in such program and shall be treated as compensation for retirement purposes under this Article. For any person who first becomes a member in any Plan year beginning on or after January 1, 1996, compensation for any Plan year shall not include any amounts in excess of section, 401 (a)(17) of the Internal Revenue Code limitation (as amended by the Omnibus Budget Reconciliation Act of 1993), which limitation of $150,000 shall be adjusted as required by federal law for qualified government plans and shall be further adjusted for changes in the cost of living in the manner provided by section 401 (a)(17)(B) of the Internal Revenue Code. For any person who first became a member prior to the first plan year beginning on or after January 1, 1996, the limitation on compensation shall be not less than the maximum compensation amount that was allowed to be taken into account under the plan as in effect on July 1, 1993, which limitation shall be adjusted for changes in the cost of living since 1989 in the manner provided by section 401(a)(17)(B) of the Internal Revenue Code. Chapter 185, Fla. Stat. Page 6 of 71 2610f375 August 10, 2009 October 1, 2009 4. "Creditable service" or "credited service" shall mean the aggregate number of years of service and fractional parts of years of service of any police officer, omitting intervening years and fractional parts of years when such police officer may not have been employed by the municipality subject to the following conditions: a. No police officer will receive credit for years or fractional parts of years of service if he or she has withdrawn his or her contributions to the fund for those years or fractional parts of years of service, unless the police officer repays into the Fund the amount he or she has withdrawn, plus interest as determined by the board in accordance with ~ 18-172. b. A police officer may voluntarily leave his or her contributions in the Fund for a period of five (5) years after leaving the employ of the police department, pending the possibility of his or her being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. If he or she is not reemployed as a police officer with the same department within five (5) years, his or her contributions shall be returned to him or her without interest. c. In determining the creditable service of any police officer, credit for up to five (5) years of the time spent in the military Page 7 of 71 2620f375 August 10, 2009 October 1, 2009 service of the Armed Forces of the United States shall be added to the years of actual service, if: (1) The police officer is in the active employ of the municipality prior to such service and leaves a position, other than a temporary position, for the purpose of voluntary or involuntary service in the Armed Forces of the United States. (2) The police officer is entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act. (3) The police officer returns to his or her employment as a police officer of the municipality within one (1) year from the date of his or her release from such active service except that effective Januarv 1.2007. police officers who die or become disabled while servina on active dutv militarv service shall be entitled to the riahts ofthis section even thouah such member was not re-emploved bv the City as a police officer. Members who die or become disabled while on active duty militarv service shall be treated as thouah re-emploved as a police officer the day Page 8 of 71 2630f375 August 10, 2009 October 1, 2009 before the member became disabled or died. and then considered for entitlement for a death or disability benefit. Ifthe Member's death ordisability arises out of the Member's active service in the military. then the Member is to be entitled to a duty death or duty disability benefit. If the death or disability occurs while the Member is servinq on active duty military service but does not arise out of such service. then the Member, if vested. is entitled to a non-duty disability benefit. d. Continuous service with the employer shall not be broken in the event of : (1) Absence on an approved leave of absence; (2) Absence from work because of occupational injury or disease incurred in employment for which a police officer is entitled to Workers' Compensation payments; (3) Absence due to service in the armed forces of the United States provided the officer shall re-enter employment with the City within one (1) year of discharge. Page 9 of 71 2640f375 August 10, 2009 October 1, 2009 5. "Beneficiary" shall mean any person, including the estate of the member, who is entitled to receive a pension benefit payable from the Boynton Beach Police Officers' Pension Fund upon the death of a member or participant. Chapter 185, Fla. Stat. 6. "Fund" or "Police Officers' Pension Fund" shall mean the Boynton Beach Police Officers' Pension Fund. Chapter 185, Fla. Stat. 7. "Plan year" shall mean the fiscal year commencing October 1st and ending the following September 30th. Boynton Beach Code of Ordinances Sec. 18-171, Ord. No. 90-23, ~1, 8-7-90. 8. "Police officer" shall mean any person who is elected, appointed or employed full time by the City of Boynton Beach, who is certified or required to be certified as a law enforcement officer in compliance with ~943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers or auxiliary law enforcement Page 10 of 71 2650f375 August 10, 2009 October 1, 2009 officers as the same are defined in ~943.1 0(6) and (8), Florida Statutes. Chapter 185, Fla. Stat. 9. "Retiree" or "retired police officer" shall mean a police officer who has entered retirement status. For the purposes of the Deferred Retirement Option Plan (DROP), a police officer who enters the DROP shall be considered a retiree for all purposes of the plan. Chapter 185, Fla. Stat. 10. "Retirement" shall mean a police officer's separation from City employment with immediate eligibility for receipt of benefits under the plan. For purposes of the DROP, "retirement" means the date a police officer enters the DROP. Chapter 185, Fla. Stat. B. The masculine gender includes the feminine and words of the singular with respect to persons include plural and vice versa. Section 18-166. Board of Trustees Created. A. Board of Trustees. There is hereby created a Board of Trustees of the Boynton Beach Police Officers' Pension Fund which shall be solely responsible for administering the Pension Fund. The Board of Trustees shall be a legal entity, with the power to bring and defend lawsuits of every kind, nature and description, and to the extent required to accomplish the intent, requirements and responsibilities provided for in this Article. The Board shall consist of five (5) Trustees as follows: Page 11 of 71 2660f375 August 10, 2009 October 1, 2009 1. Two (2) legal residents of the City, who shall be appointed by the City Commission. Effective for terms beQinninQ after the effective date ofthis Ordinance. each E8clt City Trustee shall have a term offour (4) vears but serve serves at the pleasure of the City Commission. Each City Trustee may succeed himself or herself as a Trustee. 2. Two (2) police officer participants of the City of Boynton Beach Police Officers Pension Fund, who are elected by a majority of the police officer participants in the Fund. Elections shall be held under such rules and regulations as the Board of Trustees shall from time to time adopt. Effective for terms beQinninQ after the effective date of this Ordinance. each E8clt police officer Trustee shall serve as a Trustee for a period of four (4) ~ years, unless he or she sooner ceases to be a police officer in the employ of the Boynton Beach Police Department, whereupon their successor shall be elected by a majority of the participants of the Boynton Beach Police Officers' Pension Fund. Each police officer Trustee may succeed himself or herself as a Trustee. 3. A fifth Trustee shall be chosen by the majority of the other four (4) Trustees. This fifth Trustee's name shall be submitted to the City Commission, which shall, as a ministerial duty, appoint such person to the Board as a fifth Trustee. Effective for terms beQinninQ after Page 12 of 71 2670f375 August 10, 2009 October 1, 2009 the effective date of this Ordinance. the The- fifth Trustee shall serve as a Trustee for a period of four (4) tVYO (2) years, and may succeed himself or herself as a Trustee. B. Board Vacancies; Procedures to Fill Same. In the event a Trustee provided for in Section 18-166(A)(2) ceases to be a police officer in the employ of the City of Boynton Beach Police Department, he shall be considered to have resigned from the Board of Trustees. In the event such a Trustee shall resign, be removed, or become ineligible to serve as Trustee, the Board shall, by motion, declare that office of Trustee vacated as of the date of adoption of such motion. If such a vacancy occurs in the office of Trustee within ninety (90) days of the next succeeding election for Trustee, the vacancy shall be filled at the next regular election for the unexpired portion of the term; otherwise, the vacancy shall be filled for the unexpired portion of the term at a special election called by the Board. In the event a Trustee provided for in Section 18-166(A)(1) and (3) shall resign, be removed or become ineligible to serve as Trustee, the Board shall, by motion, declare that office of Trustee vacated as of the date of adoption of the motion. The successor for the unexpired portion of the term shall be chosen in the same manner as an original appointment. C. Board Meetings: Quorum: Procedures. The Board of Trustees shall hold meetings regularly, at least once each quarter and shall designate the time Page 13 of 71 2680f375 August 10, 2009 October 1, 2009 and place thereof. At any meeting of the Board, three (3) Trustees shall constitute a quorum. Each Trustee shall be entitled to one (1) vote on each question before the Board and at least three (3) concurring votes shall be required for a decision by the Board at any of its meetings. The Board shall adopt its own rules and procedures and shall keep a record of its proceedings. All meetings of the Board shall be open to the public. No Trustee shall take part in any action in connection with their own participation in the Fund, and no unfair discrimination shall be shown to any individual police officer participating in the Fund. 1. Board Chairman and Secretary. a. The Board of Trustees shall, by majority vote, elect from its members a Chairman and a Secretary. b. The secretary of the Board shall keep: (1) a complete minute book of the actions, proceedings or hearings of the Board; (2) A record of all persons receiving retirement payments under the plan which includes the time when the pension is allowed and when the pension shall cease to be paid; and Page 14 of 71 2690f375 August 10, 2009 October 1, 2009 (3) A list of all police officers employed by the municipality which includes the name, address and dates of hire and termination. D. Compensation. The Trustees ofthe Boynton Beach Police Officers' Pension Fund shall not receive any compensation for their services as such, but may receive expenses and per diem when performing official duties in administering the fund. Section 18-167. Powers of the Board of Trustees. A. The Board of Trustees may: 1. Invest and reinvest the assets of the Boynton Beach Police Officers' Pension Fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all the participants in the Pension Fund shall be entitled under the provisions of this Article and pay the initial and subsequent premiums thereon from the integral part of the Fund. If current state contributions are adequate to fund minimum requirements of Chapter 185, Florida Statutes additional State funds may be used to provide benefits that exceed requirements of Chapter 185. 2. The Board shall have the power and authority to invest and reinvest the monies of the Fund and to hold, purchase, sell, assign, transfer, Page 15 of 71 2700f375 August 10, 2009 October 1, 2009 and dispose of any securities and investments held in the Fund, including the power and authority to employ counseling or investment management services. The aim of the investment policies shall be to preserve the integrity and security of Fund principal, to maintain a balanced investment portfolio, to maintain and enhance the value of the Fund principal, and to secure the maximum total return on investments that is consonant with safety of principal, provided that such investments and re-investments shall be limited only by the investments permitted by the investment policy guidelines adopted by the Board in accordance with Florida law, notwithstanding the provisions of S18-221 of the Code. Further, notwithstanding the foregoing, investments in foreign investments are limited in accordance with 185.06(1 )(b)4. The Board must discharge these duties with respect to the plan solely in the interest of the participants and beneficiaries and (i) for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan; (ii)with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; and (iii) by diversifying the investments of the plan Page 16 of 71 2710f375 August 10, 2009 October 1, 2009 so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. 3. Issue drafts upon the Boynton Beach Police Officers Pension Fund pursuant to this Article and rules and regulations prescribed by the Board of Trustees. All such drafts shall be consecutively numbered and shall be signed by the Chairman and Secretary of the Board or their designee and shall state upon their faces the purpose for which the drafts are drawn. The City Treasurer shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the Fund. 4. Convert into cash any securities of the Fund as it may deem advisable, having regard for the cash requirements of the fund. 5. Keep complete record of all receipts and disbursements and of the Boards, acts and proceedings. 6. The Board of Trustees may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct but the books and records shall at all times show that all investments are part of the Fund. B. The sole and exclusive administration of, and the responsibilities for, the proper operation of the retirement fund and for making effective the provisions of this chapter are vested in the Board of Trustees. Page 17 of 71 2720f375 August 10, 2009 October 1, 2009 C. The Board of Trustees shall retain a professionally qualified independent consultant who shall evaluate the performance of any existing professional money manager and shall make recommendations to the Board of Trustees regarding the selection of money managers, if necessary. The term "professionally qualified independent consultant" shall have the meaning as set forth in ~ 185.06(5 )(b), Florida Statutes. D. The Board ofTrustees mayemploysuch independent professional, technical or other advisers as may be needed to fulfill the Board's responsibilities under this Pension Plan. These professionals include but are not limited to: legal counsel, actuary and certified public accountants. If the Board chooses to use the City's legal counsel, actuary or other professional, technical or other advisers, it must do so only under terms and conditions acceptable to the Board. E. Notwithstandina anvthina else in this subsection and as erovided in Florida Statutes &215.473. the board of trustees must identify and eubliclv reeort any direct or indirect holdinas it may have in any scrutinized comeanv. as defined in that section. Beainnina Januarv 1. 2010. the Board must eroceed to sell. redeem. divest. or withdraw all eubliclv traded securities it may have directlv in that comeanv. The divesture of any such security must be comeleted bv Seetember 10. 2010. The board and its named officers or investment advisors may not Page 18 of 71 2730f375 August 10, 2009 October 1, 2009 be deemed to have breached their fiduciarv duty in any action taken to dispose of any such securitv. and the board shall have satisfactorilv discharaed the fiduciarv duties of lovaltv. prudence. and sole and exclusive benefit to the participants of the pension fund and their beneficiaries if the actions it takes are consistent with the duties imposed bv Florida Statutes &215.473. as provided for in Florida Statues 185.06(7) and the manner of the disposition. if any. is reasonable as to the means chosen. For purposes of determinina which companies are scrutinized companies. the Board may utilize the list of scrutinized companies as developed bv the Florida State Board of Administration. No person may brina any civil. criminal. or administrative action aaainst the board of trustees or any emplovee. officer. director. or advisor of such pension fund based upon the divesture of any security pursuant to this subsection. Section 18-168. Membership All police officers who are participants in the Fund as of the effective date of this ordinance shall be members of this retirement system. Each police officer shall be included in this plan on the date of hire. Page 19 of 71 2740f375 August 10, 2009 October 1, 2009 Section 18-169. Requirements for Retirement-Benefit Amounts A. Normal Retirement 1. Normal Retirement Date. The normal retirement date of each police officer shall be the first day of the month coinciding with, or next following, the date on which he or she has attained and completed twenty (20) years of service or the first day of the month coinciding with or next following the date on which he or she has attained age fifty-five (55) and completed ten (10) years of service or age fifty (50) and completed fifteen (15) years of service. 2. Normal Retirement Benefit. The normal retirement benefit payable to a police officer who retires on or after the normal retirement date shall be an amount equal to the number of years of his or her credited service multiplied by three and one half percent (3.5%) of his or her average final compensation. 3. Form of Benefit. A retired police officer's retirement benefit normally shall be payable in the form of a monthly life annuity with 120 monthly payments guaranteed. This form of annuity provides for a retirement benefit payable monthly to the retired employee during their lifetimes with a guarantee that not less than 120 monthly retirement benefits shall be paid, even if the retired employee dies prior to the receipt of 120 payments. Page 20 of 71 2750f375 August 10, 2009 October 1, 2009 B. Early Retirement. 1. Early Retirement Date An employee who has attained age fifty (50) and completed at least ten (10) years of credited service may elect to terminate employment and retire on an Early Retirement Date which may be the first day of any month after ten (10) years of service and attainment of age fifty (50). 2. Early Retirement Benefit. The monthly amount of early retirement benefits payable to a police officer who retires on the Early Retirement date shall be determined in accordance with Sec. 18- 169(A) based on credited service to the early retirement date subject to an actuarial reduction of one and one-half percent (1.5%) per year of service to take into account the police officer's younger age and the earlier commencement of retirement benefits. The early retirement benefit shall be paid in accordance with ~18-169.(A) . C. Disability Retirement. 1. Service Incurred. Any member who receives a medically substantiated service connected injury, disease or disability which injury, disease or disability totally and permanently disabled him or her to the extent that in the opinion of the Board of Trustees, he or she is wholly prevented from rendering useful and efficient service as a police officer shall receive a monthly benefit equal to sixty-six and Page 21 of 71 2760f375 August 10, 2009 October 1, 2009 two-thirds percent 66 2/3% of his basic rate of earnings in effect on the date of disability. Such benefit shall be payable on the first day of each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three (3) months and the date the Board of Trustees approved the payment of such retirement income. A disability retiree may select from the optional forms of benefits available to service retirees in accordance with section 18-170. I n the event of recovery prior to the otherwise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits. Subsequent retirement benefits will be actuarially reduced to account for the benefits that were paid during the period of disability. The amount of the disability benefit payment from the fund shall be reduced by any amounts paid from worker's compensation and the federal social security system. The reduction for social security benefits shall be in the amount of the primary insurance amount (PIA) only, and future increases, if any, in the disabled member's social security disability benefits shall not serve to reduce any further the disability benefit from the fund. The reduction for social security shall terminate upon the attainment of age sixty-five (65). The pension benefit may only be reduced to the extent that the total of the benefits Page 22 of 71 2770f375 August 10, 2009 October 1, 2009 from this Fund, workers' compensation and social security benefits exceed one hundred percent 100% of the disabled member's basic rate of earnings on the date of disability. However, in all cases the benefit will be at least forty-two percent (42%) of average final compensation. Any condition or impairment of health of a member caused by tuberculosis, hypertension, heart disease, hardening of the arteries, hepatitis, or meningococcal meningitis resulting in total or partial disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. Any condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the member, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon entering such service, which physical examination including electrocardiogram failed to reveal any evidence of such condition. In order to be entitled to presumption in the case of hepatitis, meningococcal meningitis, or tuberculosis, the member must meet the requirements of ~112.181, Florida Statutes. The final decision whether a member meets the requirements for duty disability Page 23 of 71 2780f375 August 10, 2009 October 1, 2009 pension rests with the Board and shall be based on substantial competent evidence on the record as a whole. 2. Nonservice incurred. Effective October 1,2000, any member with ten (10) years of continuous service who receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, disease or disability totally and permanently disables him to the extent that, in the opinion of the Board of Trustees, he is wholly prevented from rendering useful and efficient service as a police officer, shall receive from the fund in equal monthly installments an amount equal to three and one half percent (3.5%) of his average final compensation for each year of continuous service until death or recovery from disability whichever shall first occur, provided, however, the maximum benefit to which a member may become entitled under this paragraph shall not exceed sixty percent (60%) of his average final compensation during said period, but in all cases the benefit will be at least twenty- five percent (25%) of average final compensation during said period. Such benefit shall be payable on the first day of each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three (3) months and the date the Board of Trustees approved the payment of such retirement income. Page 24 of 71 2790f375 August 10, 2009 October 1, 2009 3. Medical Board. Whenever it becomes necessary for the board to avail itself of the services of physicians in the case of an application for disability retirement, the board shall designate a medical board to be composed of competent medical authorities and/or specialists, as needed. The medical board shall arrange for and pass upon the medical examinations required under the provisions of this section, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the Board. 4. Return to active duty from disability retirement. In the event a member who has been retired on a pension on account of permanent and total incapacity regains his health and is found by the medical board designated by the Board to be in such physical and mental condition as to meet the requirements of the personnel department for service as a police officer of the city, the Board shall order his pension discontinued, and he shall be ordered to resume active duty in the city at the same rate of compensation currently in effect for his pay grade. The Board shall review periodically, in its discretion, the condition of any member receiving a pension for disability and if there is Page 25 of 71 2800f375 August 10, 2009 October 1, 2009 substantial evidence that the retired member is capable of performing service acceptable to the city as a police officer, he shall be ordered to resume active duty and his pension shall be discontinued. 5. Disability Exclusions. No member shall be granted a disability pension upon a showing to the satisfaction of the Board: a. That the disability resulted from an intentionally self-inflicted wound, injury or ailment, or b. That the disability resulted from excessive and habitual use of narcotics, drugs, or intoxicants (alcoholic beverages); c. That the disability resulted from an injury or disease sustained by the police officer while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime; d. That the disability resulted from an injury or disease sustained by the police officer while serving in any armed forces. This exclusion does not affect members who have become disabled as a result of intervenina militarv service under the federal Heroes Earninas Assistance and Relief Tax Act of2008 (H.R. 6081: P.L. 110-245); e. That the disability resulted from an injury or disease sustained by the police officer after employment has been terminated; or Page 26 of 71 2810f375 August 10, 2009 October 1, 2009 f. That, in the case of a duty disability only, the disability resulted from an injury or disease sustained by the police officer while working for anyone other than the City and arising out of such other employment. 6. Further disability provisions. Each member applying for a service incurred disability benefit from this fund shall be required to apply for disability benefits under social security, and, if applicable, workers' compensation. Furthermore, each person granted a service incurred disability shall be required to submit to the b~oard , no later than March 1st of each year, a statement showing the monthly amount of social security (PIA only) and workers' compensation benefits received by him or her as of March 1st. Willful refusal by such persons to comply with these regulations shall be grounds for the termination of or nonapproval of disability benefits from this system. However, the Board shall exercise its discretion in each case. D. Death benefit. 1. If any member shall die prior to retirement or other termination of employment with the city and that death is found by the Board of Trustees to have occurred in the line of duty regardless of the years of service, a death benefit shall be payable to the deceased members spouse. The benefit shall equal three and one half percent (3.5%) of Page 27 of 71 2820f375 August 10, 2009 October 1, 2009 average final compensation for each year of continuous service; provided, however, the benefit will be at least thirty percent (30%) of average final compensation. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death of the spouse. If there is no spouse, the benefit, if any, will be paid to the deceased participant's estate. 2. If any member with at least ten (10) years of continuous service shall die prior to retirement or other termination of employment with the city, a death benefit shall be payable to the deceased members spouse. The benefit shall equal three and one half percent (3.5%) of average final compensation for each year of continuous service. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death or remarriage of the spouse. If there is no spouse, the benefit, if any, will be paid to the deceased participant's estate. 3. If a member dies before being eligible to retire, the heirs, legatees, beneficiaries or personal representatives of such deceased member shall be entitled to a refund of 100% of the contributions made by the member to the Fund, without interest. E. Separation from Service. Page 28 of 71 2830f375 August 10, 2009 October 1, 2009 1 . Effective for terminations on and after October 1, 2002, if a member leaves the service of the City before accumulating aggregate time of 5 years toward retirement and before being eligible to retire, such member shall be entitled to a refund of all of his or her contributions made to the Fund, without interest. 2. If any member who had been in the service of the City for at least ten (10) years elects to leave his or her accrued contributions in the Fund, such police officer upon attaining age fifty (50) years or more (without reaching what would have been twenty years of service had he not terminated his employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her at early retirement or upon attaining what would have been normal retirement had he not terminated his employment, such police officer may receive his or her accrued normal retirement benefit. 3. Effective for terminations after October 1, 2002, if any member who had been in the service of the city for at least five (5) years elects to leave his or her accrued contributions in the Fund, the police officer upon attaining age fifty-five (55) with 10 or more years of service (had he or she not terminated employment) or reaching what would have been twenty (20) years of service (had he or she not terminated his Page 29 of 71 2840f375 August 10, 2009 October 1, 2009 or her employment) may receive the accrued normal retirement benefit. The member may receive the benefits payable in the normal form or any option available under Section 18-170. F. Monthly Supplemental Benefits. 1. Effective October 1, 2006, any eligible retiree, including DROP participants, or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit. The benefit pool will be funded by one hundred percent (100%) of the annual earnings and ten percent (10%) of the principal created by the contributions set forth in sub-paragraph b below. a. Such benefit will be funded by a one (1 %) contribution from the Members and a one (1%) contribution from the 185 monies. The Member and the 185 contributions shall be effective October 1, 2001. Employees will contribute to this benefit through twenty (20) years of service. b. The distribution provided for in this paragraph shall be divided among eligible retirees on a pro-rata basis in shares. The shares shall be determined based upon the sum of an eligible retiree's years and partial years of credited service (maximum credit is twenty (20) years) plus the eligible retiree's years and partial retirement years as of September 30 of the current year Page 30 of 71 2850f375 August 10, 2009 October 1, 2009 (maximum credit of twenty (20) years). The share value shall be determined by totaling all of the shares of eligible retirees divided into the current years' total distribution amount. An individual eligible retiree's distribution shall be equal to the number of the eligible retiree's shares multiplied by the share value. c. This benefit shall be payable annually in a lump sum as of October 1, of each year, beginning December 1, 2006. The benefit shall be payable to the eligible retiree, including DROP participants, or any beneficiary eligible to receive benefits as a result of the death of a retiree. The benefit shall cease upon the death of the eligible retiree or beneficiary, whichever is the last surviving pension recipient. 2. Beginning October 1, 2003, 100% of the money received pursuant to Chapter 185, Florida Statutes, ("185 money"), each calendar year in excess of the base amount of $465,087, plus one percent (1%) of payroll annually to fund the benefit as provided in paragraph 1 , plus any 185 money held in reserve, shall be distributed to all current eligible retirees, including DROP participants, or beneficiaries receiving benefits. These supplemental benefit payments will be distributed according to the formula set forth in sub-paragraph a. This Page 31 of 71 2860f375 August 10, 2009 October 1, 2009 distribution is in addition to the benefit provided for in paragraph 1 which shall begin October 1, 2006. a. The distribution provided for in this paragraph shall be divided among eligible retirees on a pro-rata basis in shares. The shares shall be determined based upon the sum of an eligible retiree's years and partial years of credited service (maximum credit is twenty (20) years) plus the eligible retiree's years and partial retirement years as of September 30 of the current year (maximum credit of twenty (20) years). The share value shall be determined by totaling all of the shares of eligible retirees divided into the current years' total distribution amount. An individual eligible retiree's distribution shall be equal to the number of the eligible retiree's shares multiplied by the share value. b. Allocations for surviving spouses and surviving dependent children shall be based upon the formula in this paragraph, adjusted by the percentage of the optional form of benefit selected. c. This benefit shall be payable annually in a lump sum as of June 1 of each year, beginning June 1, 2004. The benefit shall be payable to the eligible retiree, including DROP Page 32 of 71 2870f375 August 10, 2009 October 1, 2009 participants, or any beneficiary eligible to receive benefits as a result of the death of a retiree. The benefit shall cease upon the death of the eligible retiree or beneficiary, whichever is the last surviving pension recipient. 3. Definitions. a. For purposes of this section only, "credited service" means the number of years and partial years of service originally used by the pension plan to determine pension benefits. For eligible retirees who retired on a duty disability retirement, 20 years of service is credited for this part of the monthly supplemental benefit calculation at the time that the disability benefit begins. Non-duty disability retirees shall be credited with actual years of credited service. b. For purposes of this section only, "retirement years" means the number of years and partial years that a retiree has received a pension benefit to include the number of years and partial years as a DROP participant. For eligible retirees who retired on a duty disability retirement, no retirement years will be accumulated for this part of the monthly supplemental benefit calculation until after the member would have attained 20 years of credited service, had he not retired on a duty disability Page 33 of 71 2880f375 August 10, 2009 October 1, 2009 retirement. Non-duty disability retirees shall be credited with actual years in receipt of a pension benefit. c. For purposes of this section only, "eligible retirees" means current retirees who were retired as of September 30 of each year, including DROP participants, or beneficiaries receiving benefits. Section 18-170. Optional Forms of Benefits. A. Each member entitled to a normal, early or disability retirement benefit shall have the right at any time prior to the date on which the benefit begins to elect to have the benefit payable under any of the options hereinafter set forth in lieu of the amount and form of benefits provided above, and to revoke an such elections and make a new election at any time prior to the actual commencement of payment. B. The value of optional benefits shall be the actuarial equivalent of the value of benefits otherwise payable. The member shall make an election by written request to the Board, such request being retained in the Board's files. The options available to the members of the Fund are as follows: 1. Life Annuity. The member may elect to receive a benefit payable for the member's life only. 2. Contingent Annuitant (Joint and Survivor Option). The member may elect to receive a benefit during the joint lifetime of the member and Page 34 of 71 2890f375 August 10, 2009 October 1, 2009 a joint pensioner designated by the police officer, and following the death of either of them, 100%, 75%, 662/3% or 50% of such monthly benefit payable to the survivor for the lifetime of the survivor. 3. Survivor Annuity. The member may elect to receive a benefit during the member's lifetime and then following the death of the member, a reduced amount to a beneficiary. At the time of retirement, the member may choose a survivor benefit of 100%, 75%, 662/3% or 50% of the member's monthly benefit. This amount will be payable to the beneficiary for the lifetime of the beneficiary. C. The member upon electing any option of this section will designate the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the plan in the event of the member's death, and will have the power to change such designation from time to time but any such change shall be deemed a new election and will be subject to approval by the Pension Board. Such designation will name a joint pensioner or one (1) or more primary beneficiaries where applicable. If a member has elected an option with a joint pensioner or beneficiary and his or her retirement income benefits have commenced, he or she may thereafter change the designated joint pensioner or beneficiary uo to twice in accordance with Florida Statutes &185.341 without the aooroval of the board of trustees or the current ioint annuitant or beneficiary. The retiree is not required to Page 35 of 71 2900f375 August 10, 2009 October 1, 2009 provide proof of the aood health of the joint annuitant or beneficiary beina removed. and the joint annuitant or beneficiary beina removed need not be Iivina. Anv retired member who desires to chanae his or her joint annuitant or beneficiary shall file with the board of trustees a notarized notice of such chanae. Upon receipt of a completed chanae of ioint annuitant form or such other notice. the board of trustees shall adiust the member's month Iv benefit bv the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial eauivalent of the present value of the member's current benefit and there is no impact to the Plan. The member shall also be responsible for the cost of the recalculation of the benefit bv the actuary but OFlly if the DOfll d of Tru~tee~ eOFl~eFlt~ to ~Udi e;hflFlge flFld if the joint peFl~ioner la~t previou~ly de~igFlated by the police officer i~ alive ..heFl he 01 ~he file~ ..ith the DMI d of Tru~tee~ a I eque~t tor ~uch change. The consent of a member's joint pensioner or beneficiary to any such change shall not be required. The Doara of Tru~tee~ may reque~t ~uch evideFlce of the good hefllth of the joiFlt l5eFl~ioFlel thflt i~ being I eFlloved fl~ it FllflY requil e aFld the amouFlt of the retiremeFlt iFlcome payable to the police officer UPOFl the ae~igFlation of a fie.. joiFlt pen~ioFler ~hall be actuarially redetermiFled tflking iFlto flce;ount the flge~ flnd ~ex of the tol Filer joiFlt l5eFl~ioner, the Fie.. joint peFl~ioFler, and the member. [adl ~uch de~igFIBtioFl ..ill be made iFl Page 36 of 71 2910f375 August 10, 2009 October 1, 2009 vvriling on a form prepared by ll1e Doard of Tru:'ltee:'l, and on completion vvill bc filcd '.vith thc Board of Tru3tcc3. Anv subsequent requests for chanQes in beneficiary will require Board of Trustees approval and the ioint pensioner beinQ removed must be alive when the request for chanQe is made. The Board of Trustees may request such evidence ofthe Qood health of the ioint pensioner that is beinQ removed as it may require. In the event that no designated beneficiary survives the member, such benefits as are payable in the event of the death of the member subsequent to his or her retirement shall be paid as provided in s. 18-171. D. Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations: 1. If a member dies prior to his or her normal retirement date or early retirement date, no benefit will be payable under the option to any person, but the benefits, if any, will be determined under s. 18 -169 (D). 2. If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the plan, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the member upon his or her retirement as if the election had not been made, unless a new election is made Page 37 of 71 2920f375 August 10, 2009 October 1, 2009 in accordance with the provisions of this section or a new beneficiary is designated by the member prior to his or her retirement. 3. If both the member and the designated beneficiary (or beneficiaries) die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, the Board of Trustees may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum. 4. If a member continues beyond his or her normal retirement date and dies prior to actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the police officer had retired under the option on the date on which death occurred. 5. A member may not make any change in retirement option after the date of cashing or depositing the first retirement check. Sec. 18-171. Beneficiaries. A. Each member may, on a form provided for that purpose which was signed and filed with the Board of Trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of death; and each designation may be revoked by such member by Page 38 of 71 2930f375 August 10, 2009 October 1, 2009 signing and filing with the Board ofTrustees a new designation of beneficiary form. B. If a deceased member officer failed to name a beneficiary in the manner prescribed above in subsection A, or if the beneficiary (or beneficiaries) named by the deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased police officer may be paid at the discretion of the Board of Trustees to the estate of the deceased member, provided that the Board of Trustees may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this section shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. Section 18-172. Buy Back of Service A. Re-employment. When any former police officer of the city is re- employed, he will become a member of the plan upon re-employment as a full time permanent police officer. When a former police officer of the City is re-employed and had withdrawn contributions previously made to the plan, he may reinstate his previous service provided: Page 39 of 71 2940f375 August 10, 2009 October 1, 2009 The plan is paid the total amount previously withdrawn (consisting of accumulated member contributions plus any interest previously paid by the plan on those contributions) within six months of re-employment. This total amount is brought forward with interest for the total number of months from the date of withdrawal to the date of repayment, calculated to the nearest month. This calculated amount equals the amount to be repaid to the Plan in a lump sum. The interest to bring forward the total amount will be at the equivalent compound monthly rate derived from the earning rate assumed by the actuary in the most recent actuarial valuation submitted to the Division of Retirement pursuant to Chapter 112, Part VII, Florida Statutes. B. Prior police officer service. Unless otherwise prohibited by law, the years or fractional parts of years that a police officer previously served as a police officer for any other municipal, county, Of state. or federal police department or service in the military shall be added to the years of credited service provided that: 1. The police officer contributes to the Fund the sum that would have been contributed, based on the police officer's salary and the employee contribution rate in effect at the time that the credited service is requested, had the police officer been a member of this system for the years or fractional parts of years for which the credit is requested plus amount actuarially determined such that the crediting Page 40 of 71 2950f375 August 10, 2009 October 1, 2009 of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of credited service. 2. Payment by the police officer of the requirement amount may be made within six (6) months of the request for credit and in one (1) lump sum payment, or the police officer can buy back this time over a period equal to the length of time being purchased or five (5) years, whichever is greater, at an interest rate which is equal to the Fund's actuarial assumption. A police officer may request to purchase a maximum of five (5) years of service. No credit shall be given for any service until all years of service which are to be repurchased, have been repurchased. 3. The credit purchased under this section shall count for benefit computation purposes, but not for vesting. 4. In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state police department, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan. This sub-paragraph does not apply to military service. Section 18-173. Rollovers A. Direct transfers of eligible rollover distributions. Page 41 of 71 2960f375 August 10, 2009 October 1, 2009 1. General. This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2. Definitions a. Eligible rollover distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover does not include any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) madeforthe life (or life expectancy) ofthe distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. Page 42 of 71 2970f375 August 10, 2009 October 1, 2009 b. Eligible retirement plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of the Internal Revenue Code, or a qualified trust described in section 401 (a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. c. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is entitled to payment for alimony and child support under an income deduction order, are distributees with regard to the interest of the spouse or former spouse. d. Direct rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Page 43 of 71 2980f375 August 10, 2009 October 1, 2009 B. Rollovers from qualified plans. A member may roll over all or a part of his or her interest in another qualified plan to the Fund, provided all of the following requirements are met: 1. Some or all of the amount distributed from the other plan is rolled over to this plan no later than the 60th day after distribution was made from the Plan or, if distributions are made in installments, no later than the 60th day after the last distribution was made. 2. The amount rolled over to this Fund does not include any amount contributed by the member to the Plan on a post-tax basis. Effective October 1, 2002, a member may rollover amounts contributed on a post-tax basis. 3. The rollover is made in cash. 4. The member certifies that the distribution is eligible for a rollover. 5. Any amount which the trustees accept as a rollover to this Fund shall, along with any earnings allocated to them, be fully vested at all times. A rollover may also be made to this Plan from an individual retirement account qualified under section 408 of the Internal Revenue Code when the individual retirement account was merely used as a conduit for funds from another qualified plan and the rollover is made in accordance with the rules provided in paragraphs 1 - 5. Amounts rolled over may be segregated from other Fund assets. The trustees shall separately account for gains, losses, Page 44 of 71 2990f375 August 10, 2009 October 1, 2009 and administrative expenses of these rollovers. In addition, the Fund may accept the direct transfer of a member's benefits from another qualified retirement plan or to a deferred compensation plan pursuant to section 457 of the Internal Revenue Code. The Fund shall account for direct transfers in the same manner as a rollover and shall obtain certification from the member that the amounts are eligible for a rollover or direct transfer to this Fund. C. Transfer of Accumulated Leave 1. Members eligible to receive accumulated sick leave, accumulated vacation leave or any other accumulated leave payable upon retirement, including entry into the DROP, shall have the leave transferred to the Plan. For purposes of this section, the term "separation" shall mean termination of service as a police officer with the City. Members on whose behalf leave has been transferred may elect one of the following distribution options within thirty (30) days of separation. Members failing to elect a distribution option within thirty (30) days of separation will be deemed to have elected option (a) below: (a) Receive a lump sum equal to the transferred leave balance; or (b) Transfer the entire amount of the transferred leave balance directly to any eligible retirement plan; or Page 45 of 71 3000f375 August 10, 2009 October 1, 2009 (c) Purchase additional service credit as may be permitted by the Code. If the leave balance exceeds the cost of the service credit purchased, the balance shall be paid to the member in a lump sum; or (d) Transfer the entire amount of the transferred leave balance into the member's DROP account; or (e) Maintain the entire leave balance within the Plan. Earnings shall be paid as follows: (1) Gains or losses at the same interest rate earned by the Pension Plan; or (2) A guaranteed rate of seven percent (7%) or (3) A percentage of the leave balance account will be credited with interest gains or losses at the same rate earned by the pension plan and the remaining percentage will be credited with earnings at a guaranteed rate of seven percent (7%). The actual percentage shall be selected by the member on a form provided by the Board of Trustees. The total of the two percentages must equal 100%. Page 46 of 71 3010f375 August 10, 2009 October 1, 2009 These accounts will be assessed an administrative fee that is based upon the ratio that the Employee's DROP account bears to the Fund as a whole. 2. If a member on whose behalf the City makes a transferred leave balance to the Plan dies after retirement or other separation, but before making an election, as provided, or after making an election but before any distribution is made, the election option shall be void. In such an event, any person who would have received a death benefit had the member died in service immediately prior to the date of retirement or other separation, shall be entitled to receive an amount equal to the transferred leave balance in a lump sum. In the case of a surviving spouse or former spouse, an election may be made to transfer the leave balance to an eligible retirement plan in lieu of the lump sum payment. Failure to make such an election by the surviving spouse or former spouse within sixty (60) days of the member's death will be deemed an election to receive a lump sum payment. 3. The Board, by rule, shall have the authority to enact administrative rules for purposes of administering the provisions of this Section, consistent with the Federal tax laws in effect on the date of transfer. No such rule shall conflict with the provisions of this section. Page 47 of 71 3020f375 August 10, 2009 October 1, 2009 4. The value of the leave transferred shall be determined in accordance with applicable city personnel policies or collective bargaining agreements. Section 18-174. Miscellaneous. A. Pension Validity. The Board of Trustees shall have the power to examine the facts upon which any pension shall have been granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person granted a pension under proper or existing law or granted under this ordinance if the pension is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any pensioner who has under any prior or existing law or who shall hereafter under this ordinance be erroneously, improperly, or illegally classified. B. False or misleading statements made to obtain retirement benefits prohibited. 1. It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement or withhold or conceal material information to obtain any benefit under this plan. Page 48 of 71 3030f375 August 10, 2009 October 1, 2009 2. a. A person who violates subparagraph 1. commits a misdemeanor of the first degree, punishable as provided in ~~775.082 or 775.083, Florida Statutes. b. In addition to any applicable criminal penalty, upon conviction for a violation described in subparagraph 1., a participant or beneficiary of this plan may, in the discretion of the b ~oard of t- Irustees, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under this plan. For purposes of this sub-subparagraph, "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. C. Incompetence. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving and giving a valid receipt for any payment due them from the Fund, the Board may, unless and until claims have been made by a duly appointed guardian or committee of such person, make such payment or any part thereof to such person's spouse, children, parent or other person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of such person. Any payments so made shall be a complete discharge of any liability under the system for such payment. Page 49 of 71 3040f375 August 10, 2009 October 1, 2009 D. Rights and Benefits Not Subject to Legal Process. The rights and benefits provided for herein are vested rights of participants in the Fund and shall not be subject to attachment, garnishment, execution or any other legal process. Thi! !ection doe! not apply in the event of an However: 1. The Board shall honor an income deduction order for alimony or child support in accordance with rules and procedures adopted by the Board: and 2. Upon written reauest by the retiree, the Board of Trustees may authorize the Plan administrator to withhold from the monthly retirement payment funds necessary to: a. pay for benefits beina received throuah the City: b. pay the certified baraainina aaent: or c. pay for premiums for accident health and lona-term care insurance for the retiree's spouse and dependents. A retirement plan does not incur liability for participation in this permissive proaram if its actions are taken in aood faith pursuant to Florida Statutes ~185.05(6). E. Lump Sum Payment of Small Retirement Income. Notwithstanding any provision of the Fund to the contrary, if the monthly retirement income payable to any person entitled to benefits hereunder is less than $30.00 or Page 50 of 71 3050f375 August 10, 2009 October 1, 2009 if the single sum value of the accrued retirement income is less than $5,000.00 as of the date of retirement or termination of service, whichever is applicable, the Board of Trustees, in the exercise of its discretion, may specify that the actuarial equivalent of such retirement income be paid in lump sum. F. Required Distributions 1. In accordance with section 401 (a)(9) of the Internal Revenue Code, all benefits under this plan will be distributed, beginning not later than the required beginning date set forth below, over a period not extending beyond the life expectancy of the member or the life expectancy of the member and a beneficiary. 2. Any and all benefit payments shall begin by the later of: a. April 1 of the calendar year following the calendar year of the member's retirement date; or b. April 1 of the calendar year following the calendar year in which the member attains age 70Y2. 3. If an employee dies before his entire vested interest has been distributed to him, the remaining portion of such interest will be distributed at least as rapidly as provided for under this Plan. G. Internal Revenue Code limits. Page 51 of 71 3060f375 August 10, 2009 October 1, 2009 1. Basic Limitations. Subject to the adjustments in paragraph 3, the maximum amount of the actual annual retirement income paid in any year with respect to a Participant under this Plan shall not exceed the dollar amount allowable for any calendar year pursuant to ~415(b) of the Code, as adjusted in such calendar year for increases in the cost of living in accordance with Regulations issues by the Secretary of the Treasury under ~415(d) of the Code. For purposes of applying the basic limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this subsection Article, the following benefits shall not be taken into account: a. Any ancillary benefit which is not directly related to retirement income benefits; b. Any other benefit not required under ~415(b )(2) of the Code and Treasury Regulations thereunder to be taken into account for purposes of the limitation of ~415(b)(1) of the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this subsection with respect to any Participant who at any time has been a Participant in any other defined benefit plan (as defined in ~414U) of the Code) maintained by the City shall apply as if the total benefits Page 52 of 71 3070f375 August 10, 2009 October 1, 2009 payable under all defined benefit plans in which the Participant has been a Participant where payable from one Plan. 3. Adjustments in Limitations. a. In the event the Participant's retirement benefits become payable before age sixty-two (62), the maximum amount of annual retirement income limitation prescribed by this Article shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of ~415(b) of the Code, so that such limitation (as reduced) equals an annual benefit (beginning when such retirement income begins) which is equivalent to the Code ~415(b) maximum amount of annual retirement income beginning at age 62. b. In the event the Participant's benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in subparagraph (a) above shall not apply. c. The reductions provided for in subparagraph (a) above shall not be applicable to disability benefits pre-retirement death benefits. d. In the event the Participant's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the basic limitation set forth in Page 53 of 71 3080f375 August 10, 2009 October 1, 2009 paragraph 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made using an assumed interest rate of five percent (5%) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. e. Less than Ten (10) Years of Service. The maximum retirement benefits payable under this Article to any Participant who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under paragraph 1 multiplied by a fraction, the numerator of which is the number of the Participant's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subparagraph shall not be applicable to disability benefits or pre-retirement death benefits. f. Ten Thousand Dollar $10,000 Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Participant shall be deemed not to exceed the limitations in this subsection if the benefits payable, with respect to such Participant under this Plan and under all other qualified defined benefit pension plans to which the City contributes, do not Page 54 of 71 3090f375 August 10, 2009 October 1, 2009 exceed ten thousand dollars ($10,000) for the applicable Plan year and for any prior Plan Year and the City has not at any time maintained a qualified defined contributions plan in which the Participant participated. g. Reduction of benefits. Reduction of benefits andlor contributions to all plans, where required, shall be accomplished by first reducing the Participant's benefit under any defined benefit plans in which Participant participated, such reduction to be made first with respect to the plan in which Participant most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Participant participated, such reduction to be made first with respect to the plan in which Participant most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Participant. Page 55 of 71 310 of 375 August 10, 2009 October 1, 2009 h. Cost-of-Living Adjustments. The limitations as stated herein shall be adjusted annually in accordance with any cost-of-living adjustments prescribed by the Secretary of the Treasury pursuant to ~415(d) of the Code. 4. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: a. the normal retirement benefit or pension payable to a Retiree who becomes a Participant of the Plan on or after January 1, 1980, and who has not previously participated in such Plan, shall not exceed 100 percent of his Average Final Compensation. However, nothing contained in this Article shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. b. No Participant of the Plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Participant is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement plan. This restriction does not apply to social security benefits, Page 56 of 71 311 of 375 August 10, 2009 October 1, 2009 military benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Section 18-175. Deferred retirement option plan. A. A deferred retirement option plan ("DROP") is hereby created. B. Eligibility to participate in the DROP is based upon eligibility for normal service retirement in the Plan. Members shall elect to participate by applying to the Board of Trustees on a form provided for that purpose. C. Full participation in the DROP must be exercised within the first twenty-five (25) years of combined credited service. D. A member shall not participate in the DROP beyond the time of attaining thirty (30) years of service and the total years of participation in the DROP shall not exceed five (5) years. For example: 1. Members with twenty (20) years of credited service at time of entry shall only participate for five (5) years. 2. Members with twenty-five (25) years of credited service at time of entry shall only participate for five (5) years. 3. Members with twenty-six (26) years of credited service at time of entry shall only participate for four (4) years. E. Upon a member's election to participate in the DROP, he or she shall cease to be a member and is precluded from accruing any additional benefit under the Pension Fund. For all Fund purposes, the member becomes a retirant. Page 57 of 71 3120f375 August 10, 2009 October 1, 2009 The amount of credited service and final average salary freeze as of the date of entry into the DROP. Accumulated, unused sick and vacation leave shall be included in the compensation calculation; provided however, that a minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall be maintained by the employee and excluded from this calculation. The retained leave balance, including any additions, shall be distributed at the conclusion of DROP participation and separation from service. F. Payment shall be made into the employee's DROP account as if the employee had retired from the employ of the City. The amounts paid will be determined in accordance with this Plan and the employee's selection of the payment option. Payments into the DROP will be made monthly over the period the employee participates in the DROP, up to a maximum of sixty (60) months. G. Effective January 1, 2003, DROP participants have the option to select optional methods to credit investment earnings to their account less any outstanding loan balances. The method may be changed each year effective January 1, however, the method must be elected prior to January 1 on a form provided by the Board of Trustees. The methods are: 1 . Gains or losses at the same interest rate earned by the Pension Plan; or 2. A guaranteed rate of seven percent (7%) ; or Page 58 of 71 313 of 375 August 10, 2009 October 1, 2009 3. A percentage of the DROP account will be credited with interest gains or losses at the same rate earned by the pension plan and the remaining percentage will be credited with earnings at a guaranteed rate of seven percent (7%). The actual percentage shall be selected by the member on a form provided by the Board of Trustees. The total of the two (2) percentages must equal 100%. Employee's DROP accounts will be assessed an administrative fee that is based upon the ratio that the Employee's DROP account bears to the Fund as a whole. H. An employee's participation in the DROP shall terminate at the end of five (5) years or thirty (30) years of service, whichever comes first. Failure to end DROP participation may result in penalties at the discretion of the Trustees, up to and including forfeiture of the DROP account. Upon entering into the DROP, an employee shall file with the Board a binding letter of resignation from City employment. The binding letter of resignation shall establish a deferred termination date in accordance with the limitations of this DROP, which may be amended. I. All interest shall be credited to the employee's DROP account less any outstanding loan balances on a quarterly basis with quarterly statements provided. In the event that a member dies while in the DROP, interest shall Page 59 of 71 314 of 375 August 10, 2009 October 1, 2009 be pro-rated to the last business day of the month preceding the death of the member. J. Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: 1. Members may elect to begin to receive payment upon termination of employment or defer payment of DROP until the latest day as provided under sub-subparagraph (3) 2. Payments may be made in the following ways: a. Lump sum - the entire account balance will be paid to the retirant upon approval of the Board of Trustees. b. Installments - the account balance will be paid out to the retirant in five (5) equal annual payments paid over five (5) years, the first payment to be made upon approval of the Board of Trustees. c. Monthly installments - the account balance will be paid out to the retirant on a monthly basis until the account balance is paid out based on actuarial tables provided by the actuary. 3. Any form of payment selected by a police officer must comply with the minimum distribution requirements of section 401 (A)(9) of the Internal Revenue Code, and is subject to the requirements of subsection 18- 174(F) e.g., payments must commence by age 70Y2. Page 60 of 71 315 of 375 August 10, 2009 October 1, 2009 4. The beneficiary of the DROP participant who dies before payments from DROP begin shall have the same right to select payment options as the participant in accordance with this subsection. A DROP participant may designate a beneficiary to receive the DROP balance in the event of the participant's death prior to payout of the full DROP balance. K. No payments will be made from DROP until the employee actually separates from service with the City. L. If an employee shall die during participation in the DROP, a survivor benefit shall be payable in accordance with the form of benefit chosen at the time of entry into the DROP. M. Upon commencement of participation in the DROP, the member shall no longer be eligible for disability retirement from the pension plan. N. Loans from the DROP. 1. Availability of Loans a. Loans are available to members only after termination of employment, provided the member had participated in the DROP for a period of 12 months. b. Loans may only be made from a member's own account. c. There may be no more than one loan at a time. 2. Amount of Loan Page 61 of 71 316 of 375 August 10, 2009 October 1, 2009 a. Loans may be made up to a maximum of 50 percent of account balance. b. The maximum dollar amount of a loan is $50,000.00, reduced by the highest outstanding loan balance during the last 12 months. c. The minimum loan is $5,000.00. 3. Limitations on loans shall be made from the amounts paid into the DROP and the earnings thereon. 4. Term of Loan. a. The loan must be for at least 1 year. b. The loan shall be no longer than 5 years. 5. Loan Interest Rate a. The Interest Rate shall be fixed at time the loan is originated for the entire term of loan. b. The Interest Rate shall be equal to the prime rate published by an established local bank on the last day of each calendar quarter preceding the date of loan application. 6. Defaults on Loans. a. Loans shall be in default if two consecutive months' repayments are missed or if a total offour months' repayments are missed. Page 62 of 71 317 of 375 August 10, 2009 October 1, 2009 b. Upon default, the entire balance becomes due and payable immediately. c. If a loan in default is not repaid in full immediately, the loan may be canceled and the outstanding balance treated as a distribution, which may be taxable. d. Upon default of a loan, a member will not be eligible for additional loans. 7. Miscellaneous provisions. a. All loans must be evidenced by a written loan agreement signed by the member and the Board of Trustees. The agreement shall contain a promissory note. b. A member's spouse must consent in writing to the loan. The consent shall acknowledge the effect of the loan on the member's account balance. c. Loans shall be considered a general asset of the Fund. d. Loans shall be subject to administrative fees to be set by the Board of Trustees. e. Outstanding loan balances shall not be credited with earnings or losses. As the outstanding balance is repaid with interest, earnings and losses shall be applied to the payments and interest as provided for in Section 18-175 I. Section 18-176. Termination of plan and distribution of Fund. Page 63 of 71 318 of 375 August 10, 2009 October 1, 2009 Upon termination of the Plan by the municipality for any reason, or because of a transfer, merger, or consolidation of governmental units, services, or functions as provided in Chapter 112, Florida Statutes or upon written notice to the Board of Trustees by the municipality that contributions under the Plan are being permanently discontinued, the rights of all employees to benefits accrued to the date of such termination or discontinuance and the amounts credited to the employees' accounts are nonforfeitable. The Fund shall be apportioned and distributed in accordance with the following procedures: A. The Board of Trustees shall determine the date of distribution and the asset value reauired to fund all the nonforfeitable benefits to be di!tributed, after taking into account the expenses of such distribution. The board shall inform the municipality if additional assets are reauired. in which event the municipality shall continue to financially support the plan until all nonforfeitable benefits have been funded. B. The Board of Trustees shall determine the method of distribution of the asset value, that i~, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each member entitled to benefits under the plan, as specified in subsection (C). C. The Board of Trustees shall distribute apportion the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is shalt 1"fIeaI't"the actuarially computed single-sum value of such retirement income, Page 64 of 71 319 of 375 August 10, 2009 October 1, 2009 except that if the method of distribution determined under subsection (B) involves the purchase of an insured annuity, the amount required to provide the given retirement income is !l=Iallli,eafl the single premium payable for such annuity. The actuarial sinale-sum value may not be less than the employee's accumulated contributions to the plan. with interest. if provided by the plan. less the value of any plan benefits previously paid to the employee. 1 . A15150rtiOflli ,elit !l=Iall ftl!t be lilade ili re!pect of eacl=l I etired lileli ,bel receiviflg a retirefl,eflt iflcome l=Iereuflder Ofl ~ucl=l date, eacl=l per~ofl receiviflg a retiremeflt iflcome Ofl !ucl=l date Ofl accouflt of a retired (but !ilice decea!ed) Ii,eli ,bel, alid eacl=l police officel ..1=10 l=Ia!, by ~ucl=I date, become eligible fur f10rmal retiremeflt but ha! f10t yet retired, ifl tl=le amouflt required to provide !ucl=l retiremeflt iflcome, provided that, if ~uch a~~et value i~ le~~ thafl the aggregate of ~uch amouflt~, ~uch amouflt~ ~hall be proportioflBtely reduced ~o that the a991 e9ate of !ucl=l I educed ali ,oUflt! ..ill be eejual to !ucl=l a!Mt value. 2. If there i! afly a~!et value refl,aifliflg aftel the apportioflmeflt ufldel paragraph (1), apportioflmeflt !hall f1ext be made ifl re::;pect of each meli ,bel ili tl=le !ervice of tl=le Ii ,uliicil5ality Oli !ucl1 date ..1=10 l=Ia! completed at lea~t tefl (10) year~ of credited ~ervice, ifl the fUfld fur at lea::;t tefl (10) year::;, afld ..1=10 i::; f10t efltitled to afl apportioflmeflt ulidel para91 apl=l (a), ili tl=le ali ,OUlit I equil ed to 151 ovide tl=le actual ial Page 65 of 71 3200f375 August 10, 2009 October 1, 2009 equivaleflt of tl=ie accrued f10rmal retirement iflcome, ba3ed Ofl tl=ie 150lice officer'! cl edited !el vice alid ealliilig3 to !uel=i date, afld eacl=i furmer participaflt thefl entitled to a beflefit ..ho l=ia~ f10t by ~uch date I eael=ied l=ii3 or l=ier liolli ,all etil eli ,elit date, ifl tl=ie ali ,OUlit I eejuired to provide the actuarial equivaleflt of the accrued f1ofli''1al I etirefl,eflt iflcome to .vhich he or ~he i~ efltitled, provided that, if ~uch remaifliflg a!set value i! Ie!! tl=iafl tl=ie agglegate of tl=ie ali,oulit! a15150rtiolied hereuflder, ~uch latter amouflt~ ~hall be proportioflBtely reduced ~o that tl=ie aggregate of 3UCl1 reduced amouflt3 ..ill be equal to 3UCl=i I elilaifliflg a!!et value. J. If there i~ afl a~~et value after the apportionmeflt~ uflder paragraph~ (a) afld (b), apportioflmeflt 3l=iall la3tly be made ifl re3pect of eacl=i meli ,bel ili tl=ie ~el vice of the Ii ,uliicipality Oli ~ucl=i date v.l=io i~ f10t efltitled to afl apportioflmeflt uflder paragraph~ (a) afld (b) ifl the ali,ouflt eejual to tl=ie Ii ,eli ,bel '! total cOlitl ibutiOfl! to tl=ie rlafl to date of tern,iflatiofl, provided tl=iat, if such remaifliflg a~~et value i~ le~~ thafl the aggregate of the amouflt3 apportiofled hereuflder, 3uch latter ali,ouflt! !l=iall be 1510150rtioMtely reduced !O tl=iat tl=ie aggl egate of ~uch reduced amouflt~ ..ill be equal to ~uch remaifliflg a~~et value. 4. D. If Iii tl=ie eveflt tl=iat there is asset value remaining after the full distribution a15150rtiOflli ,elit specified in paragraph! (a), (b), alid (c), and after payment of any expenses incurred with such Page 66 of 71 3210f375 August 10, 2009 October 1, 2009 distribution such excess shall be returned to the municipality, less return to the state of the state's contributions, provided that, if the excess is less than the total contributions made by the municipality and the state to date of termination of the Plan, such excess shall be divided proportionately to the total contributions made by the municipality and the state. E.& The Board of Trustees shall distribute, in accordance with the manner of distribution determined under subsection (B), the amounts distributed apportioned under subsection (C). If, after a period of t..eflty-fuur (241 months after the date Ofl ..hich the Plan terminated or the date on which the board received written notice that the contributions thereunder were being permanently discontinued, the municipality or the Board of Trustees of the municipal police officers' retirement trust fund affected has not complied with all the provisions in this section, the Department of Manaaement Services divi!iOfl shall effect the termination of the fund in accordance with this section. Section 18-177. Cost of Living Adjustment A. Subject to the conditions set forth in this section, the Board of Trustees shall annually authorize a cost of living adjustment, the amount of which shall be determined as of each September 30th. The amount of the cost of living adjustment shall be equal to the actuarial present value of future pension payments to current pensioners multiplied by the positive difference, if any, Page 67 of 71 3220f375 August 10, 2009 October 1, 2009 between the rate of investment return and eight percent (8%). The actuary shall determine whether there may be a cost of living adjustment based on the following factors: 1. The actuary for the Pension Fund shall determine the rate of investment return on the Pension Fund assets during the twelve (12) month period ending each September 30th. The rate determined shall be the rate reported in the most recent actuarial report submitted pursuant to Part VII of Chapter 112, Florida Statutes. 2. The actuary for the Pension Fund shall, as of September 30, determine the actuarial present value of future pension payments to current pensioners. The actuarial present values shall be calculated using an interest rate of eight percent (8%) a year compounded annually, and a mortality table approved by the Board of Trustees and as used in the most recent actuarial report submitted pursuant to Part VII of Chapter 112, Florida Statutes. This will be the pool of funds available to fund the cost of living adjustment. 3. If the actuary determines there may be a cost of living adjustment, the Board of Trustees shall authorize such a distribution unless the administrative expenses of distribution exceed the amount available for the distribution. Page 68 of 71 3230f375 August 10, 2009 October 1, 2009 4. The cost of living adjustment shall be funded only if the present value of the pool of funds does not exceed the net actuarial experience accumulated from all sources of gains and losses. B. Cost of living adjustments will be made to pensioners, including DROP members, and beneficiaries, who are referred to as eligible persons. C. The cost of living adjustment shall be allocated among eligible persons based upon the participant's years of service in the proportion that the participant's years of service bear to the aggregate amount of years of service of all eligible persons. Allocations for beneficiaries will be in proportion that the beneficiary benefit bears to the retiree benefit. Maximum service credits shall be twenty (20) years. Minimum allocations for duty disability pensioners shall be based on 13.33 years of service. D. The cost of living adjustment shall be made as of July 1,2001 and each July 1 st thereafter. Each eligible person shall be paid his or her allocated portion from the preceding September 30th. Eligible persons must be retired for one (1) year from September 30 to receive a cost of living adjustment. A pensioner's estate is entitled to a pro-rata share of the deceased retirant's cost of living adjustment based on a number of months that the deceased retirant received a pension during the year ending the September 30th prior to the retirant's death. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Page 69 of 71 3240f375 August 10, 2009 October 1, 2009 Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. Unless otherwise provided by the terms of the Ordinance, this Ordinance shall become effective when the following have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; (b) when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the Police Pension Board of Trustees or their successor organization; and (c) a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions of this Ordinance shall become effective. Page 70 of 71 3250f375 August 10, 2009 October 1, 2009 FIRST READING THIS DAY OF SECOND, FINAL READING and PASSAGE THIS DAY OF PASSED AND ADOPTED THIS DAY OF CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK BSJladt August 6, 2009 H:IBB Police 01881Plan DoclAmendI2008-09IHEART+SB38 COMB.wpd Page 71 of 71 3260f375 13. C LEGAL February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA ~ LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO.1 0- 006 - FIRST READING -- Amend and restate Article II, Chapter 18 of Boynton Beach Code of Ordinances entitled "Employees' Pension Plan". EXPLANATION OF REQUEST: The Board of Trustees of the Employees' Pension Plan has approved and is recommending that the City Commission approve an amendment to the Pension Plan Ordinance. The amended Ordinance incorporates . Revisions to the Federal Law for the Federal Heroes Earnings Assistance and Relief Tax ("HEART") Act of 2008 and . Changes the Board of Trustees recommend. Modifications to the Ordinance Section (to include the Page number of the attached restated Ordinance) are summarized as follows. 1. Section 18-55 Definitions (Page 3) has been amended as follows: a. Annual Earnings has been amended to include differential wages for active duty military service pursuant to HEART; b. Employee has been amended to clarify that only full time employees are eligible to participate in the Plan. 3270f375 2. Section 18-76 Policemen (Pages 3 - 4) has been deleted entirely since police officers can no longer participate in the plan. 3. Section 18-77 Creditable Service (Pages 4 - 5) has been amended to delete obsolete language and to cross reference to include military and related service. 4. Section 18-81 Military and Related Service (Pages 5 - 6) has been amended to provide service for members who die or become disabled while on active duty military service pursuant to HEART. 5. Section 18-95 Deduct contributions from pay (Page 6) has been amended to remove obsolete language. 6. Section 18-113 Delayed retirement (Pages 7 - 8) has been amended to remove obsolete language. 7. Section 18-126 Disability retirement benefits (Pages 8 - 9) has been amended to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. 8. Section 18-128 Elective benefits (Pages 9 - 12) has been amended to end future enrollments in the elective benefits option and to allow refunds for members who cancel their participation in the elective benefits. 9. Section 18-135 Board of Trustees (Pages 17 -18) has been amended to allow the expansion of the trustee terms from two years to four years. These expanded terms are effective for terms beginning after the effective date of the Ordinance. 10. Section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund (Pages 19 - 28) has been amended to expand the permissible investments of the Plan. This section has also been amended to incorporate changes to Investment Policy Guidelines per the recommendation of the Board's investment monitor. 11. Section 18.145.1 City of Boynton Beach General Employees Pension Fund - stocks, bonds, mutual funds, etc. (Pages 28 - 30) has been deleted as being redundant HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: In the opinion of the Pension Plan's actuary, the amendment will have no actuarial impact on the Plan. ALTERNATIVES: Not approve the amendment and restatement to the Pension Plan Ordinance. 3280f375 THE LAw OFFICES OF PERRY &JENSEN, LLC ANN H. PERRY aperry@perryjensenJaw.com BONNI 8PATARA JENSEN bsjensen@perryjensenlaw.com January 20, 2010 Via Email Transmission Kurt Bressner, City Manager City of Boynton Beach 120 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: City of Boynton Beach Employees' Pension Plan Amendment to Pension Plan Document Our File No.: 1297.0050 Dear Mr. Bressner: On behalf of the Board of Trustees of the City of Boynton Beach Employees' Pension Plan ("Plan"), enclosed is an amendment to the Pension Plan. The amendment incorporates revisions to the Federal Law forthe Federal Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART") and changes that the Board of Trustees recommend. 1. Section 18-55 Definitions has been amended as follows: a. Annual Earnings has been amended to include differential wages for active duty military service pursuant to HEART; b. Employee has been amended to clarify that only full time employees are eligible to participate in the Plan. 2. Section 18-76 Policemen has been deleted entirely since police officers can no longer participate in the plan. 3. Section 18-77 Creditable Service has been amended to delete obsolete language and to cross reference to include military and related service. 4. Section 18-81 Military and Related Service has been amended to provide service for members who die or become disabled while on active duty military service pursuant to HEART. 5. Section 18-95 Deduct contributions from pay has been amended to remove obsolete language. 400 EXECUTIVE CENTER DRIVE, SUITE 207.;. WEST PALM BEACH, FLORIDA 33401-2922 PH: 561.686.6550 .;. Fx: 561.686.2802 ~I' lDlII,n!;WdF';h!a;l 3290f375 Kurt Bressner, City Manager City of Boynton Beach Employees' Pension Plan January 20, 2010 Page - 2 - 6. Section 18-113 Delayed retirement has been amended to remove obsolete language. 7. Section 18-126 Disability retirement benefits has been amended to make an exception to the disability exclusions for individuals injured while on active duty pursuant to HEART. 8. Section 18~128 Electiye benefits has been amended to end future enrollments in the elective benefits option and to allow refunds for members who cancel their participation in the elective benefits. 9. Section 18-135 Board of Trustees has been amended to allow the expansion of the trustee terms from two years to four years. These expanded terms are effective for terms beginning after the effective date of the Ordinance. 10. Section 18-145 City of Boynton Beach Inyestment Policy for General Employees' Pension Fund has been amended to expand the permissible investments of the Plan. This section has also been amended to incorporate changes to Investment Policy Guidelines per the recommendation of the Board's investment monitor. 11. Section 18.145.1 City of Boynton Beach General Employees Pension Fund - stocks, bonds, mutual funds, etc. has been deleted as being redundant. Attached is the letter of no impact statement from the Fund's actuary. If you have any questions regarding this or any other matter, please do not hesitate to contact my office. BSJ/adt Enclosure ECopy to: Board of Trustees Administrator Barry Atwood H:\BB GE 1297\City1Cvr Propsd Ord Amd 2010.wpd 3300f375 GRS Gabriel Roeder Smith & Company Consultants & Actuaries One East Broward Blvd. Suite 505 Ft. Lauderdale, FL 33301-1827 954.527.1616 phone 954.525.0083 fax wVv\"1.ga brielroeder.com January 18, 2010 Dixie Martinez The Resource Center, LLC 4360 NOlihlake Blvd. Suite 206 Palm Beach Gardens, FL 33410 Re: Boynton Beach General Employees' Retirement System Dear Dixie: We have reviewed the proposed ordinance received on January 11, 201 O. This ordinance would amend the Plan as follows: Excludes Police Officers from the Plan Allows members to receive credited service for an approved leave of absence as a result of time served in the military. Allows members who die or become disabled while on active military duty to have the same rights as though they had been re-employed before the incident. Removes obsolete language pertaining to employee contributions after normal retirement age. Amends elective benefit provisions to end future open enrollments. · Extends the maximum term for trustees from two to four years. Modifies the definition of salary to include amounts paid by the City as differential wages to members who are absent from employment for time served in the military. Modifies pennissible ranges of the asset allocation. In our opinion, this ordinance would have no significant actuarial impact on the Plan. Under USERRA, an employee who retums to service with the City after serving in the United States Armed Forces would have certain rights regarding the reinstatement of prior service with the City. Additionally, in the event a member dies while performing USERRA qualified military service the beneficiaries are entitled to any benefits as if the member had resumed employment and then died while employed. However, the probability that this provision will be utilized is low. Given the nature of these changes, we do not feel that an estimate for advanced funding is necessary. 3310f375 Ms. Dixie Martinez January 18, 2010 Page 2 of2 A copy of this letter along with the proposed ordinance should be sent to the Division of Retirement before second reacting ofthe ordinance. We welcome your questions and comments. Sincerely yours, ~~ 1. Stephen Palmquist, A~A Senior Consultant and Actuary JSP/dh Cc: Bonni Jensen Gabriel Roeder Smith & Company 3320f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 ORDINANCE _, 2010 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE II, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED "EMPLOYEES' PENSION PLAN;" AMENDING SECTION 18-55 DEFINITIONS BY AMENDING THE DEFINITION OF ANNUAL EARNINGS TO INCLUDE DIFFERENTIAL WAGES; AMENDING THE DEFINITION OF EMPLOYEE TO CLARIFY THAT ONLY FULL TIME EMPLOYEES ARE ELIGIBLE TO PARTICIPATE; DELETING SECTION 18-76 POLICEMEN; AMENDING SECTION 18-77 CREDITABLE SERVICE TO INCLUDE MILITARY AND RELATED SERVICE; AMENDING SECTION 18-81 MILITARY AND RELATED SERVICE TO INCLUDE CREDITED SERVICE FOR MEMBERS WHO DIE OR BECOME DISABLED WHILE ON ACTIVE DUTY MILITARY SERVICE; AMENDING SECTION 18-95 DEDUCT CONTRIBUTIONS FROM PA YTO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 18-113 DELA YED RETIREMENT TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 18-126 DISABILITY RETIREMENT BENEFITS TO ALLOW FOR BENEFITS FOR MEMBER WHO DIE OR BECOME DISABLED WHILE ON ACTIVE DUTY MILITARY SERVICE; AMENDING SECTION 18-128 ELECTIVE BENEFITS TO END FUTURE ENROLLMENTS IN THE ELECTIVE BENEFITS; AMENDING SECTION 18- 135 BOARD OF TRUSTEES TO INCREASE TRUSTEE TERMS TO FOUR YEARS; AMENDING SECTION 18-145 CITY OF BOYNTON BEACH INVESTMENT POLICY FOR GENERAL EMPLOYEES' PENSION FUND TO EXPAND PERMISSIBLE INVESTMENTS; DELETING SECTION 18- 145.1 CITY OF BOYNTON BEACH GENERAL EMPLOYEES PENSION FUND - STOCKS, BONDS, MUTUAL FUNDS, ETC. AS REDUNDANT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. Page 1 of 31 3330f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 WHEREAS, the Board of Trustees of the Employees' Pension Plan of the City of Boynton Beach, Florida recommends amendment to the Pension Plan as provided herein; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to so amend the Employees' Pension Plan of the City of Boynton Beach, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. Section 2. The definitions of Annual Earnings and Employee of Section 18-55 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-55. Definitions. The following words and phrases, as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings, and the same and similar terms when used in connection with any civil service system or any other ordinance of the city shall not necessarily apply to the members of the retirement system hereby created except when specifically adopted: Page 2 of 31 3340f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 * * * Annual eamings. Gross earnings received by the employee as compensation for services to the city, including overtime pay. Bonuses shall be excluded. Flexible benefits shall be excluded. Beainnina with Annual earninas after December 31. 2008. and Dursuant to Internal Revenue Code Section 414(u)(7). the definition of Annual earninQs includes amounts paid by the City as differential waQes to members who are absent from emDloyment while in aualified military service. * * * Employee. All full-time persons employed by the city and so classified under rules and regulations and personnel records of the city, including "probational" or permanent employees. Any appointed officer shall only be qualified under this plan under one office and that office being the one from which he receives the largest annual salary, compensation or remuneration. Independent contractors are excluded. raft time employees vvorking le8s than thirty (30) hOUffi l5er v.eek are excluded. Section 3. Sec. 18-76 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby deleted in its entirety as follows: Se~. 18 76. I"'olicemen. Page 3 of 31 3350f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 r'olicemen ..1'10 do not elect to become members of tl'le pension plan for policemen in Ooynton Oeach ."{hen first eligible, or 'who elect not to participate in the pension plan for 150licemen "vithin fvvelve (12) months alter employment, "viii become members of the Ceneral [ml5lo)ee!' r'en!ion rlan of tl'le City of Ooynton Oeacl'l 01'1 tl'le fi~t day of tl'le month follovving, or coinciding \/vith, the date of their election not to particil5ate in, or to terminate from, 11'1e l5en8i6fll5lan for 150licemen, I5fO.ideel tl=ley f1ualif) under section 18 7S a3 full time l5ermanent general eml5loyees. Section 4. Sec. 18-77 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-77. Creditable service. Creditable service for the purpose of calculating benefits for general employees shall consist of the member's service rendered by the employee since he last became a member, plus past service, rendered continuously since the employee's last date of employment as defined in section 18-78 to the date of his separation from service by reason of death, disability, termination of employment or retirement but not beyond the eml5loyee's normal retirement date as described in section 18 111 if sucl'l date falls 01'1 or after January 1, 1979, except tl=lat an eml5loyee wl=lo delays retirement and .....1=10 elects 10 continue to contribute after normal retirement date a3 pr-ovided in section 18 9S shall receive creditable service after normal retirement date up to the date of delayed retirement. Page 4 of 31 3360f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Creditable service shall also include any credit aranted for militarv service pursuant to Section 18-81 Militarv and related service. Section 5. Sec. 18-81 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-81. Military and related service. When any member is inducted or enlists into any of the Armed Forces of the United States, or enlists in any reserve component, enlists in the United States Coast Guard, or in any other reserve component, or enters upon active duty in the Armed Forces of the United States, the United States Coast Guard, or the United States Public Health Service in response to an order or call to active duty, and is subsequently reemployed by the city as a full-time permanent general city employee under such circumstances that he thereby becomes entitled to return to work for the city within the time that reemployment rights are granted to him by law, he shall again become a member of the plan and shall be given service credit for the credited service he had accumulated before entering military or related service and shall again accumulate additional credited service commencing with the date of his reemployment by the city. If approved by the board such member may also be granted service credit for the period of time spent in military or related service. Effective January 1. 2007. members who die or become disabled while servinQ on active duty military service which intervenes the member's employment shall be Page 5 of 31 3370f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 entitled to the riahts of this section even thouah such member was not re-employed by the City. Members who die or become disabled while on active duty militarv service shall be treated as thouah re-employed the day before the Member became disabled or died. was credited with the service they would have been entitled to under this section. and then either died a non-duty death while employed or became disabled from a non-duty disability. Section 6. Section 18-95 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-95. Deduct contributions from pay. The directoroffinance shall cause contributions provided for in section 18-94 of this article to be deducted from the compensation of each member on each and every payroll for each and every payroll except that members lI.ho attain normal retirement date 01"1 or after Janualj 1, 1979, sl'lallnot be required to make contributions after tl=ley attain normal retirement date if tl=ley continue in tl'le employ of tile city beyond sucl'l date. An employee who delays retirement as provided in section 18 113 may elect to continue to have contributions deducted during sucl=l period of continued employment. Tl'le election to contiliue contributiolis I'My be made at I'lOrl'lial retirefl'lent date only. A member's contribution provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be changed thereby. Each member Page 6 of 31 3380f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 shall be deemed to consent and agree to the deduction made and provided for herein and payment of his compensation less said deduction shall be full and complete discharge of all claims and demands whatsoever for the service rendered by said member during the period covered by such payment, except as to the benefits provided by this plan. The director of finance shall cause the amount to be deducted from the compensation of each member for each and every payroll as authorized by this article and when deducted shall be paid into the fund of the plan and shall be credited to the individual memberfrom whose compensation said deduction was made. Section 7. Section 18-113 of Article II of Chapter 18 ofthe Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-113. Delayed retirement. Any employee who does not desire to retire on his normal retirement day may delay retirement. rrovided, that an:1 eml5lo:1ee vvho reaches seventy (70) years of age v.ho does flOt desire to retire must make vvritten al5l5liC8tion to tt'le ci~ clerk or ei~ manager for retention in a regular or part time emplo:1ment subsequent to his seventieth birthday shovving that the same is in the best interests of the city by reason of his sl5ecial knovvledge, relative efficiency, difficul~ of rel5laeement, or ott'ler similar or extraordinarj teetors. Upon tt'le recommendation of the city manager and approval of the city commission, the emplOyee Page 7 of 31 3390f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 snail be retaifled b:y tne city f"Or a period not to exceed one (1) :year follovving tne date of his normal retirement. Nevertheless, similar additional applications for renewal or retention in employment may be made. In the e',{eflt of delayed retiremeflt of afl employee he shall be entitled to afld snail be l5aid an annuity l5ayable montnly beginning vvit" tne montn of actual retirement and contiliuing until death. The amoulit of such annuity shall be equal to the amount of aliliuity he could have received had he retired at his normal retirement date except that any eml5loyee ..1'10 l=Iad 150st15oned retirement and elected to continue to make contribution after his liormal retirement date a~ provided ili sectioli 10 111 shall be entitled to a benefit commeflciflg at nis delayed retiremeflt date based UpOfl fiflal average compeflsstiofl afld credited sef\ice as of l=Iis delayed retirement date. Section 8. Section 18-126(c) of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-126. Disability retirement benefits. * * * (c) Disability exclusions. No member shall be granted a disability pension upon a showing to the satisfaction of the board: 1. That the disability resulted from an intentionally self-inflicted wound, injury or ailment, or Page 8 of 31 3400f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 2. That the disability resulted from the use of narcotics, drugs or alcoholic beverages, or 3. That the disability resulted from a member's participation or involvement in riot, insurrection or unlawful assembly, or 4. That the disability resulted from a member's participation or involvement in the commission of a crime or unlawful act, or 5. That the disability resulted from injury or disease sustained by the member while serving in any armed forces. This exclusion does not affect members who have become disabled as a result of intervenina military service under the federal Heroes Earninas Assistance and Relief Tax Act of 2008 tH.R. 6081; P.L 110-245); Section 9. Section 18-128 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-128. Elective benefits. (a) Effective upon the passaae of this Ordinance. members will no lonaer be able to enroll in Elective benefits. Elective benefits are beflefits were offered to the members of this plan and were are voluntary elections, the costs of which are borne entirely by the member through payroll deductions Page 9 of 31 3410f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 during their employment with the city. Such deductions are taxable dollars at the time the deduction is made. Members who were enrolled in elective benefits as of the oassaQe of this Ordinance may continue to particioate in these benefits or elect to cancel participation. A member may volul'ltarily elect1c l5articil5ate il'l Ul08e elective bel'lefit3available il'lorder to supplement and enhance their retirement benefits provided pursuant to this plan. (b) Open enrollment. A member may elect to enroll or cancel an elective benefit only during the open enrollment period as provided by the Board of Trustees. The ol5el'l el'lfOllmelit l5efiod shall occur ili Sel51ember of each year. Ol'lce M electi ve bel'lefit is ca I'Ice II eel , MY cOl'ltributi6fls made v.ill remail.lil.ltl.leplal.lul.ltil tl'le member is 1'10 10l'lger actively employed. UpOI'l sucl=i sel5aratiol'l from service, cOl'ltributiol'ls Contributions shall be reimbursed to the member on cancellation of the elective benefit and shall only be refunded for the elective benefit canceled, except as otl'lemise pr-o'v'ided il'l this sectiol'l. No interest earnings will be applicable to the premiums contributed or to the refunded amount. The cancellation of such elective benefit is irrevocable afld tl'le member may flOt re eflr-oll for 8uch elective beflefit ifl tl'le future. Page 10 of 31 3420f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 (c) CostS. The costs for all elective benefits are borne by the member through payroll deductions during employment with the city. The cost for each bel'lefit st'lall be actuarially determil'led 01'1 al'l al'll'lual basi~ based U1501'1 tl=le premiums to fUl'ld tt'le various optiol'l! !elected. Al'lY ct'lal'lge il'l I'8tes associated vvitl=l tt'le elected benefit optiol'ls selected i~ passed 01'1 to the participal'lt. (d) In the event of death before retirement of any participant, all premiums paid shall be refunded to the beneficiary. If the employee was eligible for normal retirement and the retirement annuity option had already been selected by the employee, the deceased member's earned pension amount will be actuarially reduced to a joint and survivor form and two-thirds (2/3) of this amount will be paid to the survivor for their lifetime. For the twenty-five (25) year retirement at any age benefit option, the retirement factor used shall be the factor which provides the most benefit to the employee. (e) Elective benefits. There were are four elective benefits options available. A member may select as mal'lY as tl=ley desire, but v.i11 be reejuired to l5ay for eacl1 optiol'l selected tt'lfOugt'l a payroll deductiol'l. A ffieffiber ffiay select eitt'ler the health insurance subsidy or the healtl'! insurance subsidy witI'! tw-o l5ere;el'lt (2%) l5er year COLA, but 1'I0t botl=l. Ol'lce eitl=ler of tl=le l=Iealtl=l insurance subsidy benefit optiOl'ls is selected, tt'le ffieffiber ffiay not ct'lange Page 11 of 31 3430f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 to tl=le otl'ler form of l'Iealtl=l iflsuraflC6 subsidy beflefit optiofl. The elective benefit options were available are as follows: f1 j Option 1 A - health insurance subsidy. a. The health insurance subsidy will provide a monthly benefit up to $200 per month upon normal retirement. In the event of death prior to retirement, where the member is eligible for normal retirement and the retirement annuity option has been elected by the employee, the $200 per month will be actuarially reduced to a joint and survivor form of benefit and two-thirds (2/3) of this amount will be paid to the survivor fortheir lifetime. b. The amount to be received for the health insurance subsidy at retirement is based on years of contributions by the employee. The full benefit of $200 per month is based upon twenty-five (25) years of employees contributions. A prorated benefit will be provided for years of contributions less than twenty-five (25) years. Illustration for prorated health insurance subsidy: Member age @ hire 30 Member age @ retirement 55 Page 12 of 31 3440f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Years of premium payment 5 (5yrs/25yrs = 20%) Monthly benefit $40 ($200 subsidy x 20%) Based upon this illustration, the employee contributed for five (5) years which represents 5/25, or twenty percent (20%) of the full benefit calculated period. Therefore, the health insurance subsidy at normal retirement would be twenty percent (20%) of $200, or $40. t2j Option 1 B - health insurance subsidy with two percent (2%) per year COLA. taj The health insurance subsidy with two percent (2%) Cost of Living Adjustment ("COLA") will provide an initial monthly benefit up to $200 per month at normal retirement in 1999. In the event of death prior to retirement, where the member is eligible for normal retirement, and the retirement annuity option has been selected, the $200 per month will be actuarially reduced to a joint an survivor form of benefit and two-thirds (2/3) of this amount will be paid to the survivor fortheir lifetime. Page 13 of 31 3450f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 The $200 per month will be indexed by two percent (2%) per year, compounded for all affected members. tbj The amount to be received for the health insurance subsidy with two percent (2%) COLA at retirement is based upon years of contributions by the employee. The full benefit of the indexed insurance subsidy per month is based upon twenty- five (25) years of employee contributions. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. Illustration for prorated health insurance subsidy with two percent (2%) COLA: Member age @ hire 30 Member age @ retirement 55 Years of premium payment 8 (8yrs/25yrs = 32%) 1 st year monthly benefit $64 ($200 subsidy x 32%) 2nd year monthly benefit $65.28 ($204 subsidy x 32%) t3j Option 2 - Cost-of-Living Adjustment ("COLA '? The Cost of Living Adjustment ("COLA") provides a five percent (5%) deferred Page 14 of 31 3460f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 COLA commencing five (5) years after retirement and compounded with additional five percent (5%) increases every three (3) years thereafter. Spouse benefits, if elected, would also be eligible for the COLA, but the actuarial equivalent factors at retirement forconversion to the joint and two-third (2/3) survivor benefit would need to be updated. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. Illustration of the Cost-of-Living Adjustment (COLA): Member age @ hire 50 Member age @ retirement 62 Years of premium payment 12 (12yrs/25yrs = 48%) COLA Benefit 2.4% (5% COLA x 48%) An employee that made full contributions for this elective benefit option would receive a five percent (5%) COLA. Since the illustrated employee contributed 12 years toward the COLA it has been prorated to two point forty percent (2.40%) which represents forty-eight percent (48%) of the fully contributed percentage. Page 15 of 31 3470f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 t4j Twenty-five (25) year service requirement (any age). The twenty-five (25) year service requirement (any age) would allow the employee to retire with twenty-five (25) years of service, regardless of age. This option will provide an increase in the early retirement factors based upon years contributed. The cost will be actuarially adjusted on an annual basis. A prorated benefit will be provided for years of employee contributions less than twenty-five (25) years. The factors used for retirement based upon years of service are as follows: 25 years 72.51 % of calculated benefit 26 years 76.91 % of calculated benefit 27 years 81.81% of calculated benefit 28 years 87.36% of calculated benefit 29 years 93.41 % of calculated benefit 30 years 100.00% of calculated benefit Illustration of the twenty-five (25) year service requirement (any age): Member age at hire 20 Member age at retirement 45 (25 yrs of service) Years of premium payment 5 (5 yrs/25yrs = 20%) Page 16 of 31 3480f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Average pay while contributing $29,700 Percentage cost per year 1 .89% Aggregate premium $2,807 ER factor 72.51 % Adjusted ER factor 78.01 % (27.49 diff (@ 20%) (Adjusted factor of 72.51 % + Differential of (100.00-72.51) x 20%) Section 10. Section 18-135 of Article II of Chapter 18 ofthe Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-135. Board of Trustees. (a) Composition of the Board. The composition and terms of the seven (7) members of the Board of Trustees of the Employees Pension Plan of the city are hereby established as follows: f1 j The Mayor. f2j The City Manager, or his designee. The appointment of a City Manager designee by the City Manager shall be ratified by the City Commission. Page 17 of 31 3490f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 t3j Two (2) individual citizens who shall be appointed by the City Commission to serve for three (3) four (4) year staggered terms. t4j One (1) employee representative member shall be elected at-large by the members of the Plan to serve a three (3) four (4) year term. t5j One (1) employee representative member shall be elected to serve a three (3) four (4) year term by all members of the plan from the general membership of the plan, provided the member is a member of a bargaining unit of the city. f6j One (1) employee representative member shall be elected to serve a tl=lree (3) four (4) year term by all members of the plan from the general membership of the plan, provided the member is not a member of a bargaining unit of the city. Section 11. Section 18-145(e) and (f) of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Page 18 of 31 3500f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Sec. 18-145. City of Boynton Beach Investment Policy for General Employees' Pension Fund. ***** (e) Investment objectives. f1j Investment objectives are intended to provide quantifiable benchmarks to measure and evaluate portfolio return and risk. Most investment styles require a full market cycle to allow an investment manager to demonstrate his abilities. A full market cycle is generally defined as a three (3) to five (5) year period. As a result, performance objectives will be measured over three (3) to five (5) year periods. Monitoring shorter periods may be used to determine the trend of performance premiums or deficiencies. f2j The specific objectives of the Boynton Beach General Employees' Pension Fund are as follows: a. Primary objective: (1~} To earn an average rate of return over the long term (three (3) to five (5) years) which exceeds the return of a Target Index. The Target Indexforthe Boynton Beach Page 19 of 31 3510f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 General Employees' Pension Fund is defined as a fifty- five thirty-five percent (55 35%) investment in the Russell 1000 3eOO Stock Index, a ten percent (10%) investment in the Russell 2000 Stock Index. a teft twenty percent (49 20%) investment in the MSCI Europe Australasia and Far East Stock Index (EAFE)! a ten percent (10%) investment in the NCREIF Property Index. and a twenty-five tl1irty five percent (35 25%) investment in the Barclays Capital Aaareaate Merrill Lynch Master Bond Index. (27} In addition, it is expected that the total rate of return earned will rank above average when compared to a representative universe of other, similarly managed portfolios. b. Secondary objective: A further goal of the Boynton Beach General Employees' Pension Fund shall be to achieve an average annual rate of return greater than the absolute return of eight percent (8%), over the longer term. This absolute Page 20 of 31 3520f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 return objective will be evaluated in the context of the prevailing investment market conditions. c. Volatility: The volatility of the Fund's total returns is expected to be similar to that of the Target Index and will be evaluated accordingly. t3j The investment objectives set forth herein have been established for the entire Boynton Beach General Employees' Pension Fund. The specific investment objectives for each investment manager will be outlined in separate documents which will be addenda hereto and incorporated herein to this overall statement of investment policy. (f) Investment guidelines. t1j The Board of Trustees has established the following target asset allocation for the entire Boynton Beach General Employees' Pension Fund: Taraet Taraet Ranae Allocation (at market) Cat market) Eauitv Securities Domestic Eauitv 45% 30% - 60% Foreian Eauity 20% 5% - 25% Page 21 of 31 3530f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Fixed Income & Eauivalents Fixed Income 25% 20% - 70% Direct Real Estate 10% 5%-15% Cash Eauivalents 0% 0% - 10% t2j To implement this strategy, the Board has chosen to hire one or more professional investment managers. Specific assignments and additional guidelines for each Investment Manager will be outlined in addenda to this section. The following guidelines and restrictions apply to all fund investments. t3j In accordance with the policies established by the Board of Trustees, the assets of the Boynton Beach General Employees' Pension Fund shall be invested in a diversified portfolio of fully negotiable, equity, fixed income, and money market securities, provided they meet the Page 22 of 31 3540f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 following criteria: a. Equity securities: (17} Investments in equity securities shall be limited to no more than 70% at market value or 65% 69% at cost valuation of the fund's total asset value; (27} All equity investments shall be limited to fully and easily negotiable equity securities; (37} No more than 5% at cost value of an Investment Manager's equity portfolio may be invested in the shares of a single corporate issuer; (47} Investments in stocks of foreign companies shall be limited to 29 25% (at rest market) of the total investment portfolio. American Depository ReceiDts (ADRs) and foreiQn ordinarv securities traded on domestic exchanQes are United States dollar- denominated securities listed and traded on a United States exchanQe and are considered part of the ordinary investment strateQY of the Board. These securities are not considered foreiQn Page 23 of 31 3550f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 securities.; (57} Investment in those corporations whose stock has been publicly traded for less than one year are limited to 15% of the equity portfolio; and (67} Equities may be managed through the purchase of open-end, no-load mutual funds. ExchanQe traded funds. or commingled funds. Those securities/funds purchased directly by investment advisors are expected to adhere to the guidelines herein. The Board implicitly accepts the policy of a mutual or commingled fund when it makes a direct investment b. Fixed income securities: (17} The fixed income portfolio shall comply with the following guidelines: (A) The average credit quality of the fixed income portfolio shall be rated "A" or higher; and (B) The duration of the fixed income portfolio should be less than 135% of the duration of the market index. The market index is defined as the Page 24 of 31 3560f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Barclays Capital Aaareaate Merrill LyrICi'I Master Bond Index. (2:} Investments in all corporate fixed income securities shall be limited to: (A) Those securities rated "BAA" or higher by Moody's or by Standard & Poor's rating services. Fixed income securities, which are downgraded below the minimum rating, shall be sold at the earliest beneficial opportunity; (B) Securities issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia; and (C) No more than 10% at cost of an Investment Manager's total fixed income' portfolio shall be invested in the securities of any single corporate issuer. (3:} Investments in Collateralized Mortgage Obligations (CMOs) shall be limited to 15% of the market value of Page 25 of 31 3570f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 the Investment Managers' total portfolio and shall be restricted to issues which meet all of the following criteria: (A) All issues must be backed by mortgage securities issued, guaranteed, or fully insured by the Government National Mortgage Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA) or that are rated "Aaa" by Moody's or "AAA" by Standard & Poor's rating services. (4;} There is no limit imposed on investments in fixed income securities issued directly by the United States Government or any agency or instrumentality thereof. (5;} Fixed income securities may be managed through the purchase of open-end, no-load mutual funds or commingled funds. Those securitieslfunds purchased directly by investment advisors are expected to adhere to the guidelines herein. The Board implicitly accepts Page 26 of 31 3580f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 the policy of a mutual or commingled fund when it makes a direct investment. c. Cash equivalent securities: (1;} The Investment Manager may invest only in the following short-term investment vehicles: (A) The money market or STIF provided by the plan's Custodian; (B) Direct obligations of the United States Government with a maturity of one year or less; (C) Commercial paper with a maturity of 270 days or less that is rated A-1 or higher by Standard & Poor's or P-1 or higher by Moody's; and (D) Bankers acceptances issued by the largest 50 banks in the United States (in terms of total assets). f4j Prohibited investments. Investments in interest only or principal only CMOs, precious metals, limited partnerships of any kind, direct investment in real estate, repurchase agreements, venture capital, Page 27 of 31 3590f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 futures contracts, options contracts, municipal bonds, trading on margin and short selling are prohibited. Investments not specifically addressed in this section are considered prohibited investments. t5j Review of policy. It is the intention of the Board of Trustees of the Boynton Beach General Employees' Pension Fund to review this Statement of Investment Policy and its addenda periodically to amend it to reflect any changes in philosophy or objectives. However, if at any time the I nvestment Manager believes that the specific objectives defined herein cannot be met or that these guidelines unnecessarily constrict performance, the Board shall be so notified in writing. Section 12. Section 18-145.1 of Article II of Chapter 18 of the Boynton Beach Code of Ordinances is hereby deleted in its entirety as follows: Sec. 18.145.1. Cit) of Doynton Deach General employees Pension rund - stocks, bonds, mutual funds, etc. (<:I) In\lestment in stocks iss11ed by comp<:lnies domiciled olltside of the Ilnited States II. ill be limited to ten (10) percent oftl=le value of the plan's total assets (at cost). Investment in an:y single stock issue sl=lall not exceed tl=lree (3%) l5ereent of tRe fund's total value fIOr gRail tRe equity l5oFtfolio'g total value (at cost) exceed sixty (60%) percent of the fund's total assets, vvith a tar-get of Page 28 of 31 3600f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 fifty five (55%) perceFlt. (b) The fixed income portion of the Boynton Beach Employees' Pension Fllnd ~t'lall con~ist only of U.C. GOvernment and U.C. GOvernment A"gen~ bond~ and/or bonds i~~ued by domestic corporation~ that are rated "A" or better by Moody's or Ctandard & roor's rating services. In the event a bond rating drol5~ belo.v a feting of "A" it ~t'lall be ~old by tt'le inve~tment manager. Investment in any single corporate bOlid issue shall not exceed t.vo and one t'lalf (2%) percent of tl=le fund'~ total value. (c) In\lestments in mlltllal fllnd shares and bank sponsored commingled fllnds are l5ermissible. Ilo.vever, ninety (90) percent of tl=le securities t'leld in tt'le mutual or commiligled funds must meet tt'le criteria outlined abOve. (d) All in\leStments in options, f, 't I Ir/;>S, mllnicip;;ll bonds, precio1ls met;;lls, pri\l;;lte I5lacemeFlts, short sales and purchases Oli margin are pr-ohibited. (e) All secllrities plIFchased mllst hold a ranking in one (1) of the top three ('3) classifications of a major rating service. (f) Bonds and preferred stocks that are con\lertible into common stock, or that include ..arraflts f-or ti'le I5riee elf oommOfl stock, are allo..ed evefl if a I5Femium I5rice is being paid for tt'le oon'.'ertible privilege or for tl=le '"varraflts, at the pr-ofessional direction of the investment manager. Page 29 of 31 3610f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 I\lobAlithst;;lndina ;;Inyfhina in this ;;Irtic1e to the CQn!r;;l'Y, the bO;;lrd Of trllstees m;;lY cause up to fiveFlty (20) percent of the equity portion of the general employees' peFlsion fund to be invested in stocks .vl=lose sole criteria sl=lall be tt'lat tt'ley are listed on anyone (1) or more of tt'le recogliized natiOlial stock exct'laliges, Of NASDAQ. Section 13. It is the intention of the City Commission ofthe City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. Section 14. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 15. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY. Page 30 of 31 3620f375 November 30,2009 December 14, 2009 December 23,2009 January 11,2010 January 15, 2010 January 20,2010 Section 16. This Ordinance shall become effective upon passage, unless otherwise provided for in this amendment. FIRST READING THIS DAY OF ,2010. SECOND, FINAL READING and PASSAGE THIS _ DAY OF ,2010. PASSED AND ADOPTED THIS DAY OF ,2010. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK BSJ/adt H:IBB GE 1297\Plan DocsIAMEND\2009 Amendment includes 2008 Employment Clarification.wpd Page 31 of 31 3630f375 13. D LEGAL February 2, 2010 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: February 2,2010 D OPENINGS D PUBLIC HEARING D OTHER D CITY MANAGER'S REPORT D ANNOUNCEM ENTS/PRESENT A TIONS D FUTURE AGENDA ITEMS NATURE OF D ADMINISTRATIVE D NEW BUSINESS AGENDA ITEM D CONSENT AGENDA ~ LEGAL D BIDS AND PURCHASES OVER $1 00,000 D UNFINISHED BUSINESS CODE COMPLIANCE AND LEGAL D SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. R10-020 - Authorize issuance of "Notice of Intent" (NOI) to commence temporary moratorium to allow for study of regulations related to pain management clinics and other uses which dispense prescription pain medictions. EXPLANATION OF REQUEST: The accompanying Resolution, if adopted, will establish the commencement of a moratorium and zoning in progress to abate the impacts associated with such uses while the city conducts a warranted planning study on the operation and impacts of pain clinics, pain management clinics and other uses that dispense prescription pain medications. Depending on the outcome of the study, staff may recommend amendments to the Land Development Regulations regarding the locations and operations of such uses. This NOI and moratorium is in response to findings, announcements, and other information generated at national, state and county levels regarding the negative aspects of such uses which ultimately lead to, or support addictions to, or deaths from, prescription pain medications. Such businesses are understood to have very limited treatment services and medical oversight, but primarily distribute addictive pain medications without appropriate, professional and ethical medical care. Specific documented findings include the U. S. Department of Health and Human Services releasing of data showing that prescription drug deaths are now the fourth leading cause of death in the United States. Further, the Florida Board of Medicine (the Board), at their meeting in December, 2008, cited the "rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances," and concluded "there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;" The Board further notes that "an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use;". Such events and information may have lead Florida's Governor to sign a bill in July creating a 3640f375 statewide database that monitors prescription drug purchases by patients, with the intent to curtail "drug shopping" by patients which involves the patient visiting multiple pain clinics to obtain numerous prescriptions. Palm Beach County has reported an influx of "pain clinics and "pain management clinics", and there is current legal action taken on one or more physicians suspected of the unethical and illegal dispensing of prescription pain medications. The County therefore plans to issue a notice of intent to temporarily halt affected development and businesses activity in February or March, and is strongly recommending that local governments take similar actions. Responsively, West Palm Beach announced its plan to take similar steps including the moratorium and evaluation of its regulations. Time is needed in which to thoroughly examine the problem locally and to research possible measures of mitigation and regulation of "pain clinics and pain management clinics;" and other businesses involved in the dispensing of prescription pain medications. Depending on the timing of organized actions possibly lead by the Intergovernmental Plan Amendment Review Committee (IPARC), the City's initiative may benefit from involvement in the pending county- wide effort. However, as a starting point for the Commission's consideration of the direction of this effort, and to support the Notice of Intent in determining the effected development activity and businesses, the attachments also include a proposed ordinance. The moratorium is in effect for 180 days and may be extended by the City Commission if additional time is needed to complete this project and adopt corresponding regulations. This process would commence with the approval of the resolution on February 2nd, and would be followed by the posting of public notices and a public hearing scheduled for February 16th to obtain public input. Following the public hearing, the Commission by majority vote shall either approve or disapprove the moratorium and planning study which is the subject matter of the NO!. HOWWlLL THIS AFFECT CITY PROGRAMS OR SERVICES? This project is intended to further the health, safety, and welfare of the community through proper and appropriate zoning and regulatory controls over uses that are understood to contribute to unethical medical practices, drug addiction and the attraction of crime. FISCAL IMPACT: N/A ALTERNATIVES: Not approve the resolution and maintain regulations as status quo. 3650f375 RESOLUTION NO. RI0-020 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE OF INTENT" TO COMMENCE A TEMPORARY MORATORIUM FOR ONE HUNDRED EIGHTY (180) DAYS ALLOWING STAFF TO REVIEW AND REVISE ZONING REGULATIONS FOR PROPERTIES IN ALL COMMERCIAL, INDUSTRIAL OR MIXED USE ZONING DISTRICTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS AND FOR BUSINESSES WHICH DISPENSE PRESCRIPTION DRUGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff and City consultants to study the need for modifications to City development regulations in response to trends on development or redevelopment in the City; and WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or "interim development controls" as they are often called, are an essential tool of successful development; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake review and revision of the zoning regulations as they relate to the location, use and operation of pain clinics, pain management clinics and businesses which dispense prescription drugs; and WHEREAS, the Commission has authority to initiate the review process by resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a formal announcement of said planning activities, and the period during which time all applications related to the operation of pain clinics, pain management clinics and businesses which dispense prescription drugs, must be halted; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and thereafter for a period of 180 days following the date of adoption unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS, the Commission intends that this Resolution constitute zoning in progress and the 3660f375 commencement of a temporary moratorium as a means of stopping the proliferation of pain management clinics, pain clinics and business which dispense prescription drugs during the one hundred eighty (180) day study period herein described; and WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, the public health, safety and welfare is a legitimate public purpose recognized by the courts of Florida; and WHEREAS, at the Florida Board of Medicine (the Board) Meeting in December, 2008 at Tampa, Florida, the Board cited the "rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances," and concluded "there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;" and WHEREAS, the Board further notes that "an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use;" and WHEREAS, the U. S. Department of Health and Human Services has released data showing prescription drug deaths are now the fourth leading cause of death in the United States; and WHEREAS, the City and surrounding areas of Palm Beach County have experienced an influx of "pain clinics and "pain management clinics;" and WHEREAS, the City Commission of the City of Boynton Beach has heard evidence pertaining to the proliferation of "pain clinics" and "pain management clinics" in Boynton Beach and in Palm Beach County, prescription drug abuse, deaths associated with such abuse and crimes stemming from such abuse; and 3670f375 WHEREAS, the City Commission finds it in the best interest of the citizens of Boynton Beach to mitigate the negative secondary effects of these businesses by adopting appropriate regulations relating thereto; and WHEREAS, time is needed in which to research the nature and scope of possible measures of mitigation and regulation of "pain clinics" and "pain management clinics;" and businesses involved in the dispensing of prescription drugs; and WHEREAS, the City Commission deems it in the best interests of the City to consider the enactment of the proposed ordinance attached hereto as Exhibit "B" as part of its study to regulate pain clinics, pain management clinics and business which dispense prescription drugs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby issue the N oti ce of Intent attached hereto as Exhi bi t "A" . Section 2. That this Resolution shall become effective III all zomng districts city-wide immediately upon passage. Section 3. The Notice of Intent shall posted and copies provided as required by Ordinance 000- 053. Section 4. No application for a development activity or Business Tax Receipt, that is_defined within the scope of the study shall be accepted by the City following the date of adoption of this Resolution and during the study period. No application for a development activity or Business Tax Receipt, that is defined within the scope of the study shall be further processed by the City, following the date of adoption of this Resolution during the study period, unless the application was filed prior to the adoption date of this Resolution. PASSED AND ADOPTED this _ day of February, 2010. CITY OF BOYNTON BEACH, FLORIDA 3680f375 Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez ATTEST: Commissioner - Marlene Ross Janet M. Prainito, MMC City Clerk (Corporate Seal) 3690f375 NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2010-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future Land Use Map, Official Zoning Map and Land Development Regulations, a study period to: A. Evaluate locations in the commercial, industrial or mixed use zoning districts in which pain clinics, pain management clinics or business which dispense prescription drugs may operate; B. Consider amendments to the existing regulations to prevent impacts upon adjacent residential districts from the operation of a pain clinic, pain management clinic or businesses which dispense prescription drugs. AFFECTED AREA All properties currently zoned commercial, industrial or mixed use in the City of Boynton Beach. GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Addition or deletion to permitted, conditional or prohibited uses within commercial, industrial or mixed use zoning districts. 2. Addition of use requirements or operational standards intended to address the possible proliferation of uses associated with prescription drug abuse, related deaths and crimes stemming from such abuse. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED If findings reveal potential land use incompatibilities between the operation of a pain clinic, pain management clinic or businesses which dispense prescription drugs on adjacent properties the intent of new regulations generated from the study will be to minimize or eliminate potential impacts upon adjacent properties. 3700f375 EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Sections regarding permitted uses, prohibited uses, and conditional uses in the commercial, industrial and mixed use zoning districts PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extended this Notice of Intent for an additional period of time as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all new applications for pain clinics, pain management clinics and businesses which dispense prescription drugs in the commercial, industrial or mixed use zoning districts shall be abated during the study period. This Notice of Intent shall only apply to said applications accepted by the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: Adopted by Resolution number RI0- Florida the _ day of ,2010 of the City Commission of the City of Boynton Beach, By: Office of the City Clerk 371 of 375 ORDINANCE 10- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING SECTION OF THE CITY'S CODE OF ORDINANCES, TO BE ENTITLED "PAIN MANAGEMENT CLINICS"; PROVIDING A DEFINITION OF "PAIN MANAGEMENT CLINICS"; REQUIRING ALL PAIN MANAGEMENT CLINICS LOCATED WITHIN THE CITY TO EMPLOY A BOARD CERTIFIED MEDICAL DIRECTOR AND/OR MEDICAL PRACTITIONER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Boynton Beach (the "City") is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, the public health, safety and welfare is a legitimate public purpose recognized by the courts of Florida; and WHEREAS, at the Florida Board of Medicine (the "Board") Meeting in December, 2008 at Tampa, Florida, the Board cited the "rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances," and concluded "there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;" and WHEREAS, the Board further notes that "an average of 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use"; and WHEREAS, the U. S. Department of Health and Human Services has released data showing prescription drug deaths are now the fourth leading cause of death in the United States; and WHEREAS, the many cities within Palm Beach County have experienced an influx of "pain clinics" and "pain management clinics"; and 3720f375 WHEREAS, the City Commission finds it in the best interest of the citizens and residents of the City to mitigate the negative secondary effects of these businesses by adopting appropriate regulations relating thereto; and WHEREAS, the City Commission finds that additional regulations governing the establishment of "pain clinics" and "pain management clinics" within the City of Boynton Beach is in the bests interests of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: Section of the City of Boynton Beach Code of Ordinances is hereby created as follows: 373 of 375 SECTION 3: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: Any other ordinance or regulations enacted concurrently with this ordinance or during the moratorium time period shall have no affect on the moratorium imposed pursuant to this ordinance. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. FIRST READING this _ day of 2010. SECOND, FINAL READING AND PASSAGE this _ day of CITY OF BOYNTON BEACH- FLORIDA ,2010. Mayor - Jerry Taylor Vice Mayor - Woodrow L. Hay Commissioner - Ronald Weiland Commissioner - Jose Rodriguez Commissioner - Marlene Ross 3740f375 ATTEST: Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 3750f375