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Agenda 11-0-3-10 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 WEDNESDAY, NOVEMBER 3, 2010 6:30 PM FINAL AGENDA City Commission AGENDA Jose Rodriguez Mayor – At Large Marlene Ross Vice Mayor – District IV William Orlove Commissioner – District I Woodrow Hay Commissioner – District II Steven Holzman Commissioner – District III Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 366 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Rev. Nancy Norman of Unity of Delray Beach Church C. Pledge of Allegiance to the Flag led by Commissioner Hay D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of check to the City of Boynton Beach for $1,500.00 donated from Kentucky Fried Chicken for the American Heart Association fundraising drive. The check will be presented by Mr. Juan Carlos Gavilan, owner. B. Presentation of a Tribute to the Boynton Beach High School Dimensional Harmony Choir, under the direction of Fredrick Sterling C. Presentation by the Haitian Community Council 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments . A. Approve the Minutes from the City Commission meeting held on October 19, 2010. 3 of 366 PROPOSED RESOLUTION NO. R10-156 B. - Approve Agency Participation Agreement for American Express Card Acceptance by the City of Boynton Beach and authorize the City Manager to execute the Agreement on behalf of the City. PROPOSED RESOLUTION NO. R10-157 C. - Award the Consultant Agreement for Financial Advisory Services to Public Financial Management, Inc. (PFM) to assist and advise the City with (a) capital financing and related debt issuance and (b) business transactions with financial institutions. PROPOSED RESOLUTION NO. R10-158 D. - Approve the Contract with RESPECT of Florida for janitorial services at the Utility Department’s Administration Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of $49,960.84 for the period October 1, 2010 - September 30, 2011. PROPOSED RESOLUTION NO. R10-159 E. - Approve the Interlocal Agreement between the Board of County Commissioners, Palm Beach County, Florida and the City, authorizing the City to enter into an agreement to receive funding in the amount of $71,352 to support the Youth Empowerment Center located at the Carolyn Sims Center. F. Authorize City staff to commence consultant fee negotiations with selected firm for the design services of repair and/or partially replace/relocate a portion of the “STORMWATER BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH”. 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R10-160 A. - Approve a "piggy-back” of the City of Lake Worth's contract (contract # UT-WAT-09-10-775) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing for an estimated annual expenditure of $350,000. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve The Slomin Family Center (NWSP 10-005) new site plan to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. Applicant: (TABLED ON 10-19-10) Sannlor Properties, LLC PROPOSED RESOLUTION NO. R10-161 B. - Approve (1) authorizing the issuance of Series 2010 revenue bonds not to exceed the amount of $8,050,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to pay or reimburse the cost of the facilities to be acquired and equipped by the 4 of 366 School and to pay certain costs of issuance of the 2010 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2010 bonds to Municipal Capital Markets Group, Inc. and delegating the Mayor and City Manager to fix the final terms and conditions of the 2010 bonds and documents subject to certain parameters; (4) appointing TD Bank , N.A. as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2010 bonds. PROPOSED ORDINANCE NO. 10-029 - FIRST READING C. - Approve the 2010 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). 10. CITY MANAGER’S REPORT A. Provide direction to staff regarding the potential conversion of Pence Park into a "dog" park. If project is authorized for further consideration, the matter should be referred to the Recreation and Park Board for further study. B. Accept the budget status report for the General Fund and the Utility Fund for the twelve (12) month period ended September 30, 2010; 100% of the fiscal year. C. Select date for joint City Commission/CRA Board Redevelopment Planning Workshop 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 10-028 - SECOND READING A. - Approve amending Article II, Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Employees' Pension Plan" B. Conduct review of West Way Towing Bid Award Protest and determine if bid protest warrants reversal of bid award. PROPOSED ORDINANCE NO. 10-026 - SECOND READING C. - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include restrictions on the direct dispensing of certain pain medications and references to new state laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. PROPOSED ORDINANCE NO. 10-027 - SECOND READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include a definition, and operational requirements applicable to 5 of 366 pharmacies and drug stores in connection with the warranted control over the dispensing of certain pain medications by pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. 14. FUTURE AGENDA ITEMS A. Proposed Resolution No. R11- Approving and authorizing the execution of an Interlocal 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 - January 4, 2011. B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) C. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) E. Appoint members to 7-member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 01/18/11 F. Consider recommendation of Advisory Committee for renaming of Jaycee Park - January 18, 2010 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 366 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of check to the City of Boynton Beach for EQUESTED CTION BY ITY OMMISSION $1,500.00 donated from Kentucky Fried Chicken for the American Heart Association fundraising drive. The check will be presented by Mr. Juan Carlos Gavilan, owner. ER: Mr. Juan Carlos Gavilan, owner of two KFC’s located in Boynton XPLANATION OF EQUEST Beach, will present a check to the City Commission for $1,500.00 for the American Heart Association fundraising drive. Mr. Gavilan was approached by Carolyn Long, Building Department Application Technician, to participate in the City of Boynton Beach’s fundraising efforts for the American Heart Association. Mr. Gavilan owns two KFC’s in Boynton Beach located at 131 E. Boynton Beach Blvd. and 360 N. Congress Ave. For every bucket of chicken sold at the two locations from August 18, 2010 through September 18, 2010, fifty cents was donated for the fundraiser. The total amount of donations raised for the American Heart Association by the City of Boynton Beach is $38,322.96. The attached exhibit breaks down the amount of donations collected through each activity, including the donation from KFC. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: There is no fiscal impact to the city budget. ISCAL MPACT A: Do not allow presentation and do not accept donation check. LTERNATIVES 7 of 366 AMERICAN HEART ASSOCIATION 2010 Fund Raising Totals Amount Raised Book Sale 513.27 Human Resource Bowling 313.00 Risk Management Candy – all departments 474.00 Golf Course Towels & Hearts 100.00 Golf Course Miscellaneous 86.47 Hearts, Trail Mix Nearly New Sale 43.00 Library 357.50 Pizza & Wings Code Enforcement Bru’s Room 2,011.40 Sponsors 400.00 Boynton Beach Fire Benevolent RIMS Seacoast Uniforms (tee shirts) KFC 1500.00 Development Vacation Donations 28,956.67 On Line 2,705.00 Cash 1692.00 Fund Raising 1,457.89 KFC 1,500.00 Bru’s Room 2,011.40 TOTAL 38,322.96 8 of 366 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of a Tribute to the Boynton Beach High EQUESTED CTION BY ITY OMMISSION School Dimensional Harmony Choir, under the direction of Fredrick Sterling ER: On Friday, October 22, 2010 the Boynton Beach High School XPLANATION OF EQUEST Dimensional Harmony Choir under the directorship of Sterling Frederick was named the number one choir in the nation on the NBC Today Show. They bested three other finalist choirs from Kansas, Indiana and Alabama in the show’s nationwide “Show Choir Showdown.” Finalists were selected by video submissions from show choirs across the nation. The City of Boynton Beach is honoring this achievement by presenting a Tribute to the choir. H? The choir will be performing live on the Today OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Show on Friday, November 12, 2010 and will bring a national mark of distinction to the City of Boynton Beach. FI: None ISCAL MPACT A: Not to present the Tribute. LTERNATIVES 9 of 366 TRIBUTE Music is a part of the fabric of our society, having intrinsic value for each individual and encompassing the diversity of many cultures. It is a way for people to connect with themselves, but is also a bridge for connecting with others and the myriad rhythms of life. The Boynton Beach High School Dimensional Harmony Choir, under the directorship of Sterling Frederick has been performing and winning honors at the district, state and national level since their establishment in 2002. On Friday, October 22, 2010, the Dimensional Harmony Choir was named the number one choir in the nation on the NBC Today Show. They bested three other finalist choirs from Kansas, Indiana and Alabama in the show’s nationwide “Show Choir Showdown.” Finalists were selected by video submissions from show choirs across the nation. The Dimensional Harmony Choir sang “September” by Earth, Wind and Fire. Viewers voted via the Internet, and on Friday morning it was announced live on the Today Show that the Dimensional Harmony Choir had won America’s heart with 115,000 votes! They have won a chance to perform live on NBC’s Today Show on Friday, November 12, 2010. Boynton Beach Community High School and the City of Boynton Beach would like to extend their sincere appreciation to all the supporters from Palm Beach County, the School District of Palm Beach County, the media and around the country, who voted for the #1 Choir in the nation. It is with great honor and pride that the City of Boynton Beach officially recognizes with this Tribute the Boynton Beach High School Dimensional Harmony Choir for this achievement and bringing a national mark of distinction to the City of Boynton Beach. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rd day of November, 2010. _______________________ Jose Rodriguez, Mayor ATTEST: _____________________________ Janet M. Prainito, CMC City Clerk 10 of 366 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation by the Haitian Community Council EQUESTED CTION BY ITY OMMISSION ER: Mayor Jose Rodriguez, at his inaugural speech, indicated that he XPLANATION OF EQUEST would be establishing three minority advisory councils representing the Hispanic, African- American and Haitian communities within the City of Boynton Beach. The implementation of the Haitian Community Council (HCC) will be the first of the three minority advisory councils the Mayor made reference to in his speech. H? The implementation of the HCC will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES create an inter-active, working relationship between the Commission, city staff and Haitian Community to identify and address issues that are pertinent and unique to the city’s Haitian citizens. FI: None ISCAL MPACT A: Not to allow the presentation. LTERNATIVES 11 of 366 5. A ADMINISTRATIVE November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to serve in EQUESTED CTION BY ITY OMMISSION vacant positions on City advisory boards. ER: The attached list contains the names of those who have applied for XPLANATION OF EQUEST vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to keep our OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 12 of 366 13 of 366 14 of 366 6. A CONSENT AGENDA November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Minutes from the City Commission meeting EQUESTED CTION BY ITY OMMISSION held on October 19, 2010. The City Commission met on October 19, 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. H? A permanent record of the actions taken OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES by the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 15 of 366 6. B CONSENT AGENDA November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-156 - Approve EQUESTED CTION BY ITY OMMISSION Agency Participation Agreement for American Express Card Acceptance by the City of Boynton Beach and authorize the City Manager to execute the Agreement on behalf of the City. ER: While the City has accepted Visa and Master Card credit cards, XPLANATION OF EQUEST American Express cards have not been accepted in the past. One reason may have been that the American Express discount rate had been considerably greater than Visa or Master Card. However, the State of Florida negotiated a Master Agreement to include participating State Entities to include the City of Boynton Beach whereby the discount rates are in line with Visa and Master Card. In addition, utility customers and vendors (e.g., Boynton Beach Mall) periodically inquire if they can pay amounts owed to the City using an American Express card. H? With the City’s acceptance of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES American Express card, it will provide our customers a wider choice to make payments to the City. American Express credit card payments can be processed through the City’s same Merchant Bank account with Bank of America using our current equipment. No added cost will be incurred. FI: No fiscal impact as the discount rate is competitive to current cards. ISCAL MPACT A: None other than continue to net accept the American Express card. LTERNATIVES 16 of 366 RESOLUTION NO. R 10 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGENCY PARTICIPATION AGREEMENT FOR AMERICAN EXPRESS CARD ACCEPTANCE BY THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Visa and Mastercard credit cards have been accepted by the City in the past, however American Express cards have not; and WHEREAS , the State of Florida negotiated a Master Agreement to include participating state entities which includes the City of Boynton Beach whereby the discount rates are in line with Visa and Mastercard; and WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into an Agency Participation Agreement for American Express Card Acceptance by the City of Boynton Beach. 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 and authorize the City Manager to execute an Agency Participation Agreement for American Express Card Acceptance by the City of Boynton Beach, a copy of said Agreement is attached hereto as Exhibit “A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2010. CITY OF BOYNTON BEACH, FLORIDA 17 of 366 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ ATTEST: Commissioner – Steven Holzman _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 18 of 366 19 of 366 20 of 366 21 of 366 6. C CONSENT AGENDA November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-157 - Award the EQUESTED CTION BY ITY OMMISSION Consultant Agreement for Financial Advisory Services to Public Financial Management, Inc. (PFM) to assist and advise the City with (a) capital financing and related debt issuance and (b) business transactions with financial institutions. ER: On September 20, 2010, Procurement Services opened and XPLANATION OF EQUEST subsequently evaluated four (4) proposals responding to RFP #067-1410-10/JMA for Financial Advisory Services in order to assist and advise the City with (a) capital financing and related debt issuance and (b) business transactions with financial institutions. The four (4) responses were from the following firms listed in rank order: 1. Public Financial Management, Inc. (PFM) 2. RBC Capital Markets 3. Dunlap & Associates 4. First Southwest PFM was selected for recommendation by an internal Selection Committee based on the predetermined criteria noted in the RFP document and also listed on the attached RFP Evaluation form. PFM replaces RBC Capital Markets, the City’s financial advisor in recent years. As financial advisor, PFM would assist the City and the CRA with the actual issuance of any future debt that could include (a) new bond issues or (b) refinancing issues. Assistance would include development of (1) a plan of finance and (2) debt transaction management as follows. 22 of 366 Plan of FinanceTransaction Management  Develop financing and debt objectives  Prepare a debt profile  Review legal structure  Analyze future debt capacity  Review capital budget  Identify financing alternatives  Recommend a final financial plan 23 of 366  Develop and monitor financing schedule  Analyze debt structure alternatives  Review existing debt structure  Recommend the type of debt sale  Develop term of the financing and documents  Develop marketing and credit rating plan  Assist with the sale and closing of the bonds The Agreement is for an initial period of five (5) years with the option to renew at the same terms, conditions and prices for two (2) additional one (1) year periods subject to consultant acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The Agreement will automatically renew for each period unless cancelled by either party in accordance with the Termination clause of the Agreement. A copy of the Agreement is attached. H? The Financial Advisor provides the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES with high level professional services in the field of municipal finance. The Financial Advisor is independent of any financial institution that may actually issue the bonds for the City so that there is no conflict of interest in the recommendations for debt financing. A Financial Advisor is utilized by substantially all governments issuing debt. They work in tandem with the City’s Bond Counsel, City Attorney, City Management and Finance Management in making recommendations brought to the City Commission and the CRA Board for approval. FI: Fees for the Financial Advisory Services are paid from the bond proceeds of ISCAL MPACT the respective capital improvement fund. The fees are set at a predetermined and graduated scale according to the size of the bonds issued for the capital projects. An example of potential capital projects requiring the issuance of bonds to meet funding needs may include the following:  Water & Sewer renewal and replacement projects that are currently approved  General government projects that may include a Police Station and / or City Hall Use of a Financial Advisor provides reasonable assurance that debt financing can be obtained at the lowest interest rate and bond structure based on the City’s needs and financial condition. The Fee Schedule for all services related to debt transactions including GO Bonds, Revenue Bonds, Non Ad Valorem Revenue Bonds, notes, loans, capital leases, and other debt obligations (whether taxable or tax-exempt, fixed rate or variable, new money or refunding, competitive or negotiated) are as follows: Bond Size Incremental Fee Per $1,000 $ 1,000,000 - $25,000,000 $0.95 $25,000,001 - $50,000,000 $0.80 $50,000,001 & over $0.50 Minimum Debt Transaction Fee $20,000 24 of 366 Maximum Debt Transaction Fee $75,000 Multiple debt series within a transaction will be treated as separate transactions. Reduced fees for transactions requiring a limited scope of services will be negotiated and agreed upon in advance of the services provided. Structured Products, Investment Advisory, and Arbitrage Rebate Services are excluded from the above fee schedule. Fees for these services shall be negotiated according to the complexity of the services and the specific scope of service agreed upon. Hourly Rates for other financial advisory (consulting / non-transactional) services will be agreed upon in writing prior to the start of the project. The applied hourly rates follow. Experience Level Hourly Rate Managing Director $195.00 Senior Managing Consultant $195.00 Consultant $150.00 Out of Pocket Expenses will be agreed upon as either a flat fee of $1,500 per transaction or reimbursed as follows. Type of Expense Rate Photocopies – Black and White $0.10 per page Photocopies – Color $1.00 color Facsimile $1.00 per page Long Distance Telephone At cost Conference Calls At cost Travel, mileage, meals In accordance with F.S. 112.061 Postage At Cost Courier, Overnight Delivery At Cost A: Due to the complexity, staff does not recommend the issuance of bonds LTERNATIVES without using the services of a Financial Advisor. 25 of 366 RESOLUTION NO. R10-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC., FOR FINANCIAL ADVISORY SERVICES TO ASSIST AND ADVISE THE CITY WITH CAPITAL FINANCING AND RELATED DEBT ISSUANCE AND BUSINESS TRANSACTIONS WITH FINANCIAL INSTITUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 20, 2010, Procurement Services opened and evaluated four (4) proposals responding to RFP #067-1410-10/JMA for Financial Advisory Services; and WHEREAS, Public Financial management, Inc., (PFM) is being recommended as the most responsive responsible responder to the RFP; 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 award, approve and enter into a Consultant Agreement with Public Financial Management, Inc., to assist and advise the City with capital financing and related debt issuance and business transactions with financial institutions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby awards, approves and authorizes the City Manager to execute a Consultant Agreement between the City of Boynton Beach and Public Financial Management, Inc. for financial advisory services to assist and advise the City with capital financing and related debt issuance and business transactions with financial institutions, a copy of the Consultant Agreement is attached hereto as “Exhibit A.” Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2010. CITY OF BOYNTON BEACH, FLORIDA 26 of 366 ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 27 of 366 CONSULTANT AGREEMENT FOR FINANCIAL ADVISORY SERVICES rd THIS AGREEMENT is entered into this 3 day of November, 2010 between the City of Boynton Beach, a municipal corporation of the State of Florida, hereinafter referred to as “the City”, and Public Financial Management, Inc., a Pennsylvania corporation authorized to transact business in the State of Florida, hereinafter referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.TERM OF AGREEMENT. The term of this Agreement shall run for a five (5) year term from the above date with an option to renew for two (2) additional one (1) year periods, subject to termination as provided herein. 2.SCOPE OF SERVICES. The Consultant is retained by the City and the Consultant agrees to perform the FINANCIAL ADVISORY SERVICES identified on Exhibit A-1 attached hereto, including the provision of all labor, materials, equipment and supplies. Such additional services, if any, shall be mutually agreed upon and authorized in the form of an appropriately approved Purchase Order stating the scope of services, fees, and deliverables. 3.CITY RESPONSIBILITIES. The City will be responsible for providing requested information, available plans and documents to the Consultant in a timely manner. 4.STANDARD OF CARE. The Consultant shall perform services with the same degree of care, skill and scope of services as is ordinarily provided by a professional Consultant performing Financial Advisory Services. The Consultant shall perform or re-perform any services which fail to meet the above standard of care at no added cost to the City. 5.PAYMENT. The CITY shall pay the Consultant in accordance with the Fee Schedule, pursuant to Exhibit A-2, which is attached hereto as part of this Agreement. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, specifications, disks and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of documents, specifications, disks and other materials for information, reference and use in connection with Consultant’s endeavors. 7.COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8.INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 28 of 366 9.INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. (See Attachment A) Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 10.INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11.COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that they have not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12.DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13.ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14.NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. The City reserves the right to terminate this Agreement without cause at any time by giving ten (10) days written notice to the Consultant. The Consultant shall terminate services on a schedule acceptable to the City. 29 of 366 16.CONSULTANT’S PROJECT TEAM. The City shall have the right to approve the removal of a project team member, or any supervisory personnel assigned to the project. If approved, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 17.DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 18.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attention: Mr. Kurt Bressner, City Manager Copy to: Mr. E. Barrett (Barry) Atwood, Sr., Finance Director 9Notices to Consultant shall be sent to the following address: Public Financial Management, Inc. 300 South Orange Avenue, Suite 1170 Orlando, FL 32801 Attention: David M. Moore, Managing Director 19.INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Consultant. rd DATED this 3 day of November, 2010. CITY OF BOYNTON BEACH PUBLIC FINANCIAL MANAGEMENT, INC. By:______________________________ By: ________________________________. City Manager Title: . Attest/Authenticated: _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Corporate Secretary 30 of 366 EXHIBIT A-1.1 SCOPE OF SERVICES The Consultant’s proposed scope of services as outlined in their Proposal dated September 20, 2010, page 21, is incorporated herein by reference and summarized below would include a Plan of Finance prior to and then recommend and assist with debt Transaction Management. Plan of Finance  Develop financing and debt objectives  Prepare a debt profile  Review legal structure  Analyze future debt capacity  Review capital budget  Identify financing alternatives  Recommend a final financial plan Transaction Management  Develop and monitor financing schedule  Analyze debt structure alternatives  Review existing debt structure  Recommend the type of debt sale  Develop term of the financing and documents  Develop marketing and credit rating plan  Assist with the sale and closing of the bonds The Financial Advisor shall provide comprehensive financial advisory services to the City. Upon notice from the City, the Financial Advisor shall perform the following services subject to the conditions and in consideration of payments as hereinafter set forth:  Bond planning and development phase  Bond marketing phase  Bond closing phase The tasks included in each of the above-referenced phases follow.  31 of 366 EXHIBIT A-1.2 BOND PLANNING AND DEVELOPMENT PHASE A.Research and provide advice on aspects of tax exemption and arbitrage in cooperation with the City’s legal counsel and bond counsel. Assist in obtaining Internal Revenue Service rulings, if necessary. B.Assist in the preparation and analysis of feasibility studies in cooperation with City officials and administrative staff, bond attorneys, accountants, architects, engineers and other professionals as requested by the City. C.Analyze the financing to determine the best methods of strengthening its marketability consistent with current economic and capital market conditions and increasingly stringent rating agency criteria. This may involve the use of municipal bonds, Build America Bonds, insurance, surety bonds, letters of credit or other credit enhancement devices. D.Perform a comprehensive analysis to determine the best possible plan of finance. E.Consult with Moody’s, Standard & Poor’s or Fitch with regard to the proposed financing and assist in obtaining the most favorable rating possible. Prepare the City thoroughly for any necessary rating agency presentations and participate in those meetings. F.Provide assistance and recommendations with the selection of ancillary service providers such as registrar, trustee and printer. G.Act as a liaison with bond counsel and coordinate with other professionals providing information in connection with the proposed financing. H.Prepare a timetable of events for all concerned leading to the successful sale and delivery of the bond offering. I.Testify at validation hearings, as requested. 32 of 366 EXHIBIT A-1.3 BOND MARKETING PHASE A.Advise on the appropriate terms and conditions of the sale, including maturity schedule, underwriter discount, redemption provisions, interest rate bidding requirements and basis for the award. B.Advise on the timing of the bond sale, taking into consideration such factors as changing economic conditions, current and projected market trends and convenience to the City. C.Coordinate with bond counsel, the preparation of authorizing resolutions and other documents involved in the sale of bonds or other methods of financing. Assist in publicizing the issue in advance with an Preliminary Official Statement, Notice of Sale, Bid Forms and such other means necessary and advisable to develop nationwide public and institutional interest in purchasing the bonds. D.Assist the City in meeting full disclosure requirements and conforming to suggested guidelines when preparing the Preliminary Official Statement either as an advisor or principal author. E.Distribute the Preliminary Official Statement to potential purchasers of the City’s securities across the nation. Directly contact those lead underwriters most likely to be syndicate managers. Maximize efforts to market the City’s debt issuance most effectively. F.Conduct informational meetings with the investment community, including investment bankers and institutional investors (banks, bank holding companies, and insurance companies), if necessary, to establish bidding interest on the offering. G.Advertise any competitive bid, bond sale in nationally prominent financial publications, in addition to coordinating local publication requirements. H.In the event of a competitive bid, attend the bid opening to assist with the verification and evaluation of bids and recommend the most favorable bid for award. BOND CLOSING PHASE A.Direct bond-closing details, including coordination with bond counsel in order to ensure delivery in the shortest possible time frame. B.Furnish prompt, complete reinvestment analysis so that maximum earnings will result from investing bond proceeds, in addition to assisting staff and the architect/engineer with establishing schedule for drawdown of funds, if any. C.Direct, coordinate and supervise preparation of the transcript and provide the City with bond and interest records showing required semi-annual payments and other information relevant to the completed financing. D.Solicit bids for investment of idle funds, if requested. 33 of 366 EXHIBIT A-1.4 WORK PRODUCTS The Financial Advisor shall provide the following work products for each competitive and negotiated debt offering. A.Presale Analysis B.Preliminary Official Statement C.Official Statement D.Post Sale Analysis E.Such other analyses, cash flow projections and materials necessary for financial planning and bond sale purposes. OTHER SERVICES A.Assist the City in meeting arbitrage regulations, including preparation of arbitrage rebate calculations. B.Assist the City in such non-debt offering areas of financial management as the City may from time to time request. C.Attend City Commission meetings and other scheduled City meetings as requested, with reasonable advance notice. 34 of 366 EXHIBIT A-2 FEE SCHEDULE For all services related to debt transactions including GO Bonds, Revenue Bonds, Non Ad Valorem Revenue Bonds, notes, loans, capital leases, and other debt obligations (whether taxable or tax-exempt, fixed rate or variable, new money or refunding, competitive or negotiated) the CITY shall pay the following fees to the Consultant for providing and performing the services described in Exhibit A-1. Bond Size Incremental Fee Per $1,000 $ 1,000,000 - $25,000,000 $0.95 $25,000,001 - $50,000,000 $0.80 $50,000,001 & over $0.50 Minimum Debt Transaction Fee $20,000 Maximum Debt Transaction Fee $75,000 Multiple debt series within a transaction will be treated as separate transactions. Reduced fees for transactions requiring a limited scope of services will be negotiated and agreed upon in advance of the services provided. Structured Products, Investment Advisory, and Arbitrage Rebate Services are excluded from the above fee schedule. Fees for these services shall be negotiated according to the complexity of the services and the specific scope of service agreed upon. Hourly Rates for other financial advisory (consulting / non-transactional) services will be agreed upon in writing prior to the start of the project. The applied hourly rates follow. Experience Level Hourly Rate Managing Director $195.00 Senior Managing Consultant $195.00 Consultant $150.00 Out of Pocket Expenses will be agreed upon as either a flat fee of $1,500 per transaction or reimbursed as follows. Type of Expense Rate Photocopies – Black and White $0.10 per page Photocopies – Color $1.00 color Facsimile $1.00 per page Long Distance Telephone At cost Conference Calls At cost Travel, mileage, meals In accordance with F.S. 112.061 Postage At Cost Courier, Overnight Delivery At Cost 35 of 366 ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a (NOTE: An insurance contract or binder may be accepted as proof of insurance if current rating by A.M. Best Co. of “B+” or higher. Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of limits required by the City: insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE MINIMUM LIMITS REQUIRED (Occurrence Based Only) ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM04 36 of 366 37 of 366 6. D CONSENT AGENDA November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-158 - Approve the EQUESTED CTION BY ITY OMMISSION Contract with RESPECT of Florida for janitorial services at the Utility Department’s Administration Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of $49,960.84 for the period October 1, 2010 - September 30, 2011. ER: RESPECT of Florida is the central not-for-profit agency (CNA) of XPLANATION OF EQUEST the Florida Department of Management Services. The Florida Legislature established the program with the Department of Management Services (DMS) in 1974 through Sections 413.032 - 413.037, Florida Statutes. In establishing this program, the Legislature led to the formulation of section 60E-1.005, which reads in part: 60E-1.005 Procurement Requirements and Procedures. (1) Purchasing officers shall obtain employment center commodities and services as designated on the employment center procurement list maintained electronically by the CNA. (2) Purchases on commodities and services by purchasing officers from the procurement list are exempt from the competitive bidding requirements of Chapter 287, Part I, F.S. RESPECT works with Florida not-for-profit organizations that employ persons with disabilities in the production of products and services such as janitorial services. RESPECT of Florida’s purpose is to ensure a constant market for these products and services to state and local government agencies. Florida statutes direct state agencies to purchase these quality products and services listed on the RESPECT procurement list. These products and services have been independently 38 of 366 reviewed by DMS staff in terms of meeting quality and cost requirements. Not only does the program help employ Florida citizens with disabilities, it benefits the Florida economy by increasing employment and reducing welfare dependency of these individuals, while eliminating the need for costly institutionalization. Local County and Municipal governments are also encouraged to utilize RESPECT’s services. The Utility Department has been using RESPECT of Florida for several years in our East and West Water Treatment Plants and Administration Building for janitorial services. RESPECT of Florida has maintained a cost and service that could not be matched by other contractual services, for example, RESPECT of Florida has held their prices from 2006-07 from $45,742.00 to 2010-11 at $49,960.84 representing only a 7% increase over a 5 period. The Utility Department would like to continue utilizing the janitorial services offered by this State organization. Their work has been acceptable and we would like to continue their contract services, support this program and provide an opportunity for these citizens with disabilities for another year. Attached is the detailed cost proposal for those services that are held at the same prices as last year and summarized as follows.  $27,045.77 - East and West Water Treatment Plant  $22,915.07 - Administration Building $49,960.84 - Total H? RESPECT of Florida has demonstrated OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES an above average level of service, which contributes to providing safe and pleasant workspace for customers and employees. FI: The total cost is $49,960.84 and is available in account numbers: ISCAL MPACT  #401-2811-536-49-17 - $27,045.77 Public Water Treatment  #401-2821-536-49-17 - $22,915.07 Utilities Administration A: LTERNATIVES Issue a separate contract via competitive bidding. 1. City resources are no longer available. Therefore, this is not a viable option. 2. 39 of 366 RESOLUTION NO. R 10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CUSTODIAL SERVICES AGREEMENT WITH RESPECT OF FLORIDA FOR THE EAST AND WEST WATER TREATMENT PLANTS IN THE AMOUNT OF $27,045.77 AND THE UTILTIIES ADMINISTRATION BUILDING IN THE AMOUNT OF $22,915.07 WITH A TOTAL EXPENDITURE OF $49,960.84; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT FOR THE PERIOD OCTOBER 1, 2010 TO SEPTEMBER 30, 2011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Utilities Department is currently using Respect of Florida for custodial services at the Utility Department’s Administrative Building and the East Water Treatment Plant and would like to expand their services to the West Water Treatment Plant for a period of one (1) year; and WHEREAS, RESPECT is a program falling under the auspices of the State of Florida according to Florida Statute 413.036 which provides employment to disabled citizens of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves a Custodial Services Agreement with RESPECT OF FLORIDA for the East and West Water Treatment Plants in the amount of $27,045.77 and the Utilities Administrative Building in the amount of $22,915.07 for a total expenditure of $49,960.84, and authorizes the City Manager and City Clerk to execute the Agreement between the parties for the period of October 1, 2010 to September 30, 2011, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS _____ day of October, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 40 of 366 Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove _______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 41 of 366 42 of 366 43 of 366 44 of 366 6. E CONSENT AGENDA November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-159 - Approve the EQUESTED CTION BY ITY OMMISSION Interlocal Agreement between the Board of County Commissioners, Palm Beach County, Florida and the City, authorizing the City to enter into an agreement to receive funding in the amount of $71,352 to support the Youth Empowerment Center located at the Carolyn Sims Center. ER: The Palm Beach County Criminal Justice Commission (CJC) has XPLANATION OF EQUEST been awarded a $324,901 Youth Gang Prevention and Intervention Grant through the U.S. Department of Justice for an eighteen month period to enhance the County’s existing community–based comprehensive anti-gang strategy. The CJC will use the funding to enhance the prevention and intervention component. This will be accomplished by incorporating targeted outreach and case management in the five Youth Empowerment Centers (YECs) in Palm Beach County. H? Presently, there is no formal case OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES management component at the YECs. The YEC services will be enhanced with targeted outreach and case management to mirror the Boys & Girls Clubs Gang Prevention through Targeted Outreach Program. The targeted population is youth at-risk of gang activity, delinquency, and violence residing in hotspot areas as identified by law enforcement, courts, school personnel or parents. The goal is to reduce delinquency and gang activity (see Attachment B & C – Scope of Work & Logic Model). The City will contract with one (1) part-time Case Manager to manage approximately fifteen (15) youth in need of services. He/She will be responsible for the coordination between the targeted youth and the YEC staff, parents, school, juvenile justice system and other service providers. In addition, Service Providers will be contracted to offer recreation programs for the youth at the YEC. 45 of 366 The City will match the grant by providing the YEC Director. This position is responsible for the administrative functions of the center and budget, oversight of the day-to-day operations, contracting and managing Service Providers, and for data collection and reporting. The YEC Director is also responsible to ensure that case management and outreach efforts meet the grant requirements. FI: The grant funds will cover 100% of the part-time salary of the Case Manager. ISCAL MPACT The County will reimburse the City for the expenses outlined in the Budget (Exhibit A), up to the amount of $71,352 from October 1, 2010 through March 31, 2012 for the YEC set forth in the Scope of Work and Logic Model (Exhibits B & C). The City has budgeted $75,000 in Account # 001-2710-572-49.17, which is the City match and will be used to provide $11,950 in additional funding for the Service Providers and cover 100% of the cost of the YEC Director’s salary $63,050, through the grant period ending March 31, 2012. A: Not enter into the agreement with Palm Beach County and forfeit the grant LTERNATIVES award. ATTACHMENTS: Interlocal Agreement with PBC Exhibit A – Budget Exhibit B – Scope of Work Exhibit C – Logic Model Exhibit D – Reimbursement Request/Details Exhibit E – Monthly Programmatic Report Exhibit F – Reimbursement Request/Summary Statement 46 of 366 RESOLUTION R10- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY TO RECEIVING FUNDING IN THE AMOUNT OF $71,352 TO SUPPORT THE YOUTH EMPOWERMENT CENTER LOCATED AT THE CAROLYN SIMS CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Criminal Justice Commission has been awarded a $324,901 Youth Gang Prevention and Intervention Grant through the U.S. Department of Justice for an eighteen month period to enhance the County’s existing community-based comprehensive anti-gang strategy; and WHEREAS , the Criminal Justice Commission will use the funding to enhance the prevention and intervention component by incorporating targeted outreach and case management in the five (5) Youth Empowerment Centers in Palm Beach County; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to execute the Interlocal Agreement with Palm Beach County to receive funding in the amount of $71,352 to support the Youth Empowerment Center located at the Carolyn Sims Center. 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. Upon recommendation of staff, this Commission does hereby approve and authorize the City Manager to execute the Interlocal Agreement with Palm Beach County to receive funding in the amount of $71,352 to support the Youth Empowerment Center located at the Carolyn Sims Center, a copy of said First Amendment is attached hereto and made a part hereof as Exhibit “A”. Section 3. That this Resolution shall become effective immediately upon passage. 47 of 366 PASSED AND ADOPTED this _____ day of November, 2010. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor – Jose Rodriguez _____________________________ Vice Mayor – Marlene Ross _____________________________ Commissioner – William Orlove _____________________________ Commissioner – Woodrow L. Hay _____________________________ ATTEST: Commissioner – Steven Holzman _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 48 of 366 49 of 366 50 of 366 51 of 366 52 of 366 53 of 366 54 of 366 55 of 366 56 of 366 57 of 366 58 of 366 59 of 366 60 of 366 61 of 366 62 of 366 63 of 366 64 of 366 65 of 366 66 of 366 67 of 366 68 of 366 69 of 366 70 of 366 71 of 366 72 of 366 6. F CONSENT AGENDA November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Authorize City staff to commence consultant fee EQUESTED CTION BY ITY OMMISSION negotiations with selected firm for the design services of repair and/or partially replace/relocate a portion of the “STORMWATER BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH”. ER: City staff commenced to review the existing condition of the XPLANATION OF EQUEST Boardwalk and Gazebo facility located in the downtown stormwater basin in the spring of 2010. This basin is located north of Boynton Beach Boulevard East, east of the Promenade condominium property, south of St. Mark Place (formerly known as NE 4th Avenue) and west of the Intracoastal Waterway. The boardwalk/gazebo is currently maintained by the Department of Public Works. The pressure treated wood decking on this structure is failing, light posts are leaning and railing is deteriorating. Realizing that maintenance of this facility is currently difficult and expected to be more pronounced in the future; the Engineering Division of the Department of Public Works developed the Request for Qualifications (RFQ) to seek a consultant to be creative in offering a solution to a complex maintenance problem of this facility. City staff is seeking alternate design layout options and material analysis to prevent costly maintenance issues once again in the next 25 years. This RFQ was placed in public advertisement in June 2010. Submittals were due on July 14, 2010. For the twelve (12) firms that submitted RFQs, four (4) were selected for visual presentation to the Engineering Division senior staff on September 15, 2010. Scoring of the presentations resulted in the top two (2) firms being very close to each other. However, pursuant to the Consultants Competitive Negotiation Act [1975, F.S.] (CCNA), we recommend that staff commence negotiation with the top rated firm, that being AECOM TECHNICAL SERVICES of West Palm Beach, Florida. For the record, the other firms interviewed were: Bermello Ajamil & 73 of 366 Partners of Miami, Florida, EDSA of Fort Lauderdale, Florida, and Erdman-Anthony of Royal Palm Beach, Florida. H? The boardwalk(s) in and around the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES stormwater basin is currently in need of serious maintenance. With some creative thinking, staff believes that the area can be improved sufficiently to minimize future maintenance. Improvements for the boardwalk(s) and basin area are allocated in the FY 2010-2011 CIP program. FI: A funding limit was established in the last fiscal year for this project, that being ISCAL MPACT $30,000 for design services in FY 09-10, and $250,000 for construction in FY 10-11. The account number is 302-4227-572-63-01 and the project number is GC1002. Depending on the recommended and selective improvements deemed necessary from the consultant, staff will be presenting the design and probable cost to the City Commission in the spring of 2011, with possible construction thereafter pending sufficient funding. A: Continue to utilize the existing boardwalk and gazebo areas in their LTERNATIVES deteriorating state thereby assuming potential risk and liability or eliminate public use of the facility altogether. Neither alternative is desirable or recommended. 74 of 366 75 of 366 76 of 366 77 of 366 78 of 366 79 of 366 80 of 366 81 of 366 82 of 366 83 of 366 84 of 366 85 of 366 86 of 366 87 of 366 88 of 366 89 of 366 90 of 366 91 of 366 92 of 366 93 of 366 94 of 366 95 of 366 96 of 366 97 of 366 98 of 366 99 of 366 100 of 366 101 of 366 102 of 366 103 of 366 104 of 366 105 of 366 106 of 366 107 of 366 108 of 366 109 of 366 110 of 366 7. A BIDS AND PURCHASES OVER $100,000 November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-160 - Approve a EQUESTED CTION BY ITY OMMISSION "piggy-back” of the City of Lake Worth's contract (contract # UT-WAT-09-10-775) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing for an estimated annual expenditure of $350,000. ER: The contract with AMPS was approved on September 2, 2010 and the XPLANATION OF EQUEST City of Lake Worth complied with Public Contract Bid requirements equal to or exceeding Boynton Beach's requirements. We will use this contract for well rehabilitation services. The City of Boynton Beach has 29 production wells and two (2) Aquifer Storage and Recovery (ASR) wells. Production wells are used to recover raw water from underground, whereas ASR wells are used to inject treated water underground during the rainy season and then reclaim that water during the dry season or as needed. Well yield is affected by the age and physical condition of the wells as well as the underground environment. To increase well yield, the wells may be rehabbed, a process that involves a combination of two or more of the following:  Removal and reinstallation of the pump, motor and well head  Air lifting sand and other sediments from the well  Chemical cleaning of the well by adding acid to kill bio-mass and other organisms that may clog screens or porous rock structures underground  Rebuilding or replacing of pumps and motors, if needed 111 of 366 Further, ongoing maintenance of the wells aids in achieving good well yields. This maintenance may include rebuilding or replacing relief and check valves, line cleaning or relining of pipe and calibration, and repair or replacement of flow meters. On average, about 10 wells are rehabbed each year and the same will hold true for the coming year. The City’s current contract between the City of Palm Bay and AMPS expired on July 31, 2010. The City of Lake Worth entered into a contract with AMPS for the provision of maintenance and rehabilitation services following a competitive bid process. The services offered under this contract meet the wellfield maintenance and rehab requirements of the City of Boynton Beach. The City of Boynton Beach has piggybacked contracts with AMPS in the past and AMPS has performed its services satisfactorily. H? Well yield decreases with increasing age OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of the well and deteriorating physical conditions of the well and underground structures. A decrease in raw water supply in turn leads to less water being available for home and industrial use. The Utilities Department began utilizing AMPS, Inc. in January 2004 by piggybacking its contract with the City of Palm Bay resulting in successful rehabilitation of wells throughout the City of Boynton Beach at a significantly reduced cost. Thus, good production has continued at efficient pumpage rates for home and industrial consumers. FI: Funds are budgeted as follows: (1) CIP Renewal and Replacement Account: ISCAL MPACT 403-5000-590-96-02 (WTR075) and (2) Water & Sewer Revenue Account: 401-2811-536-46- 50. Prior to 2004, fiscal year expenditures for well rehabilitation were approximately $500,000. Utilizing AMPS, historical fiscal year expenditures have since been:  FY 2005/06 - $265,000  FY 2006/07 - $117,115  FY 2007/08 - $206,809  FY 2008/09 - $657,916  FY 2009/10 - $227,759 Cost increases in FY 2008/09 and FY 2009/10 are related to successful completion and commissioning of the new well 12E and the wellfield flow meter replacement project. A: Prior to deciding on whether or not to put out a separate bid, the City attempted LTERNATIVES to retrieve quotes for similar services from other providers with the following results:  A.C. Schultes - received copy of awarded bid with Pasco County  Advanced Drilling - no response  AMPS, Inc. - received copy of awarded bid with the City of Lake Worth  Centerline Drilling - no response  East Coast Drilling - no response The AMPS contract with the City of Lake Worth provides all the existing services currently provided under the prior City of Palm Bay contract with minor price differences. In contrast, the A.C. Schultes contract with Pasco County provided only some of the services required. Further, some services offered could not be fairly and equitably evaluated due to the related unit prices being based on units of measure unlike those currently utilized. For 112 of 366 example, the A.C. Schultes contract price for chemical disinfection is quoted on a per well basis while the AMPS contract is quoted per hour. 113 of 366 RESOLUTION NO. R10- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CITY OF LAKE WORTH CONTRACT #UT-WAT-09-10-775 WITH AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC., OF WEST PALM BEACH, FLORIDA, FOR WELL REHABILITATION SERVICES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR AN ESTIMATED ANNUAL EXPENDITURE OF $350,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Lake Worth has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a City of Lake Worth Contract #UT-WAT-09-10-775 and authorizes the Mayor and City Clerk to sign a Contract with Aquifer Maintenance and Performance Systems, Inc., of West Palm Beach, Florida for well rehabilitation for an estimated annual expenditure of $350,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a City of Lake Worth Contract #UT-WAT-09-10-775 and authorizes the Mayor and City Clerk to sign a Contract with Aquifer Maintenance and Performance Systems, Inc., for well rehabilitation in an estimated annual expenditure of $350,000, 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 November, 2010. CITY OF BOYNTON BEACH, FLORIDA 114 of 366 ________________________________ Mayor – Jose Rodriguez ___________________________________ Vice Mayor – Marlene Ross ___________________________________ Commissioner – William Orlove ___________________________________ Commissioner – Woodrow L. Hay ___________________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 115 of 366 CONTRACT FOR WELL REHABILITATION SERVICES This Agreement is made as of this ____ day of __________, 2010 by and between AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC., a Florida Corporation, with offices at 7146 Haverhill Road, West Palm Beach, Florida 33407 (“AMPS”), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”). RECITALS WHEREAS, The City of Boynton Beach has 29 production wells and 2 Aquifer Storage and Recovery wells; and WHEREAS, ongoing maintenance of the wells aids in achieving good well yields. Maintenance may include rebuilding or replacing relief and check valves, line cleaning or relining of pipe and calibration, repair or replacement of flow meters; and WHEREAS , AMPS, submitted a proposal dated September 13, 2010 to the City to provide well rehabilitation services for an estimated annual expenditure of $350,000.00 at prices based on City of Lake Worth contract #UT-WAT-09-10-775; and NOW THEREFORE , in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and AMPS agree that AMPS shall provide well rehabilitation services for an estimated annual expenditure of $350,000.00 at prices based on City of Lake Worth contract #UT-WAT-09-10-775, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided: A. All references to the City of Lake Worth shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: 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, PA. 3099 East Commercial Boulevard, Suite 200 116 of 366 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The proposal from AMPS dated September 13, 2010, is attached hereto Exhibit “B”. Section 3. In the event that the City of Lake Worth Contract is amended, or terminated, AMPS shall notify the City within ten (10) days. In the event the City of Lake Worth Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. AMPS agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Lake Worth Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA ATTEST: By:_________________________________ ___________________________________ Mayor City Clerk APPROVED AS TO FORM: ___________________________________ James A. Cherof, City Attorney AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. WITNESSES: ____________________________________ BY:_________________________________ Print Name: ____________________________________ Title: _________________________ 117 of 366 ATTEST: ____________________________________ SECRETARY 118 of 366 EXHIBIT A AGREEMENT BETWEEN CITY OF LAKE WORTH AND AQUIFER MAINTENANCE AND PERFORMANCE SYSTEMS, INC. 119 of 366 120 of 366 121 of 366 122 of 366 123 of 366 124 of 366 125 of 366 126 of 366 127 of 366 128 of 366 129 of 366 130 of 366 131 of 366 132 of 366 133 of 366 134 of 366 135 of 366 136 of 366 137 of 366 138 of 366 139 of 366 140 of 366 141 of 366 142 of 366 143 of 366 144 of 366 145 of 366 146 of 366 147 of 366 148 of 366 149 of 366 150 of 366 151 of 366 152 of 366 153 of 366 154 of 366 155 of 366 156 of 366 157 of 366 158 of 366 159 of 366 160 of 366 161 of 366 162 of 366 163 of 366 164 of 366 165 of 366 166 of 366 167 of 366 168 of 366 169 of 366 170 of 366 171 of 366 172 of 366 173 of 366 174 of 366 175 of 366 176 of 366 177 of 366 178 of 366 179 of 366 180 of 366 181 of 366 182 of 366 183 of 366 184 of 366 9. A PUBLIC HEARING November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve The Slomin Family Center (NWSP 10-005) new EQUESTED CTION BY ITY OMMISSION site plan to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. Applicant: Sannlor Properties, LLC (TABLED ON 10-19-10) ER Request site plan approval for Sannlor Properties LLC to construct : XPLANATION OF EQUEST a private school campus of approximately 50,000 square feet with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. The Slomin Family Center will be a nationally recognized campus serving as a coordination point for the County with a task force of local organizations helping to mobilize around the needs of those experiencing autism and related disabilities. Staff has reviewed this request for new site plan approval and recommends approval, subject to satisfaction of all comments indicted in Exhibit “C” – Conditions of Approval. The Technical Application Review Team (TART) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. The Planning & Development Board reviewed this request and forwards to the Commission with a recommendation for approval, subject to staff’s recommended conditions. The Commission tabled this item so that additional time could be devoted by staff and the applicant to further review the project for alternatives to the current traffic circulation plan that would prevent potentially unsafe conditions and unnecessary congestion on the local street network. To prevent the need for processing new public notices, the applicant is hopeful that 185 of 366 this additional research can be concluded in time for the project to be reviewed at the rd November 3 Commission meeting. However, since the coordination meeting of all parties th involved could not be scheduled until October 27, there would not be sufficient time to update the agenda cover sheet with the ultimate conclusions and recommendations. The ultimate solutions will be presented to the Commission at the public hearing. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not approve subject request LTERNATIVES 186 of 366 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-058 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Kathleen Zeitler Planner II DATE: September 20, 2010 PROJECT: Slomin Family Center / NWSP 10-005 REQUEST: New Site Plan approval to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59 acre parcel in the C-3 zoning district. ___________________________ PROJECT DESCRIPTION Property Owner: Sannlor Properties, LLC / Sandra C. Slomin, Managing Member Applicant: Sannlor Properties, LLC / Sandra C. Slomin, Managing Member Agent: Steven Bugay, DEMA Architecture Location: 3005 South Congress Avenue (see Exhibit “A” – Site Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Uses: Private School, Daycare, Community Center, and Clinic Acreage: 4.59 acres (200,277 square feet) Adjacent Uses: North: Manorcare Nursing Home on 4.4 acres zoned C-3; 187 of 366 South: Right-of-way of Charter Drive North; then farther south, the City’s South Congress Avenue Community Park (tennis center and future barrier-free accessible playground) on 20 acres zoned Recreation (REC); East: Right-of-way of South Congress Avenue; then farther east, Lawson Industrial Park with the nearest parcels containing a self-storage facility (United Storage) on 1.35 acres zoned Light Industrial (M-1); and, an automatic car wash (Sparkle Clean) on 0.88 acre zoned M-1; and, West: Right-of-way of Palmland Drive; then farther west, Chanteclair Villas Condominiums zoned Multi-family Residential (R-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND Site Features: The subject property consists of 4.59 acres with approximately 325 feet of frontage on South Congress Avenue to the east, approximately 564 feet of frontage on Charter Drive North to the south, and approximately 325 feet of frontage on Palmland Drive to the west. The subject property is comprised of Tract B, a portion of the plat of Manor Care (Plat Book 54, Pages 106-107). All existing structures on site from the previous nursing home use have been demolished. Proposal: Mr. Steven Bugay, agent for the property owner, is seeking new site plan approval to construct a private school consisting of approximately 50,000 square feet of building area on 4.59 acres in the C-3 zoning district. According to their website, the Slomin Family Center will be a nationally recognized campus that promotes full participation in school, home, and community for individuals with Autism Spectrum Disorder and their families in an environment crafted to invite exploration and social experiences. The proposed campus will house The Sandra C. Slomin Family Center for Autism and Related Disabilities that will provide a full array of medical, therapeutic, personal services, and social programming for the students who attend the school. The center will serve as a coordination point for the County, with a task force of local organizations helping to mobilize around the needs of those experiencing autism and related disabilities. The Slomin Family Center will provide educational and family services to the community for both children with autism spectrum disorders and their siblings. The Center includes a daycare facility of 5,616 square feet, a clinic, and a private school facility for grades elementary through high school (K-12) of 17,379 square feet, ultimately serving a total of 500 students. Phase one, totaling approximately 30,000 square feet would include children from daycare through elementary school with an outdoor pool, a gymnasium, cafeteria, and various clinical offices. A small salon and a 4-seat dental clinic are also proposed. Phase two, totaling approximately 20,000 square feet would include additional elementary classrooms, middle and high school classrooms, as well as science rooms and 188 of 366 an additional cafeteria. The proposed construction timeline indicates a groundbreaking in January, 2011 with the campus opening with therapeutic and community and family-centered services in January, 2013 and the private school opening later in 2013. Project build-out is planned for 2015. All construction will be in conformance with the Florida Building Code, the State of Florida requirements for Educational Facilities, and the Florida Safe School Design Guidelines. The proposed project will include many sustainable development LEED (Leadership in Energy and Environmental Design) features with the goal of obtaining Silver level certification (see details under Building and Site in Analysis section below). ANALYSIS Concurrency: Traffic: A traffic impact statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The traffic analysis for the proposed school indicates the project would generate a total of 795 net trips per day, 352 net A.M. peak hour trips and 58 net P.M. peak hour trips at project build-out in 2015. The required traffic concurrency for this project was approved by the Palm Beach County Traffic Division on September 15, 2010 with a build-out year of 2015. School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: Police has reviewed the site plan and all comments have been addressed. Fire Rescue expects to be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The subject property is located at the northwest corner of South Congress Avenue and Charter Drive North.Vehicular ingress/egress is proposed from a two (2)-way access drive on Charter Drive North that connects to the off-street parking lot in front of the proposed school. The proposed general traffic flow for the subject school will be ingress from the easternmost driveway on Charter Drive North with counter-clockwise movement around the parking lot to the main building entrance where there would be a drop-off and pick-up area for the students. 189 of 366 According to the traffic impact analysis submitted, the proposed site configuration will allow approximately 49 cars to queue on site. To minimize traffic conflicts during peak times, employees would help facilitate traffic flow on-site and at the main access drive. In addition, the hours of the school will be staggered for each program. The easternmost median in Charter Drive North will be modified to allow an improved turning radius. For improved traffic control during peak times, access from the existing shared driveway north of the subject property will be temporarily blocked with cones and used for emergency access only. A separate bus stacking area is proposed on the south side of the school to minimize any potential conflict between autos and buses. The westernmost driveway on Charter Drive North will be used exclusively for bus ingress into a two (2)-lane drive that includes a bypass lane on the south side of the school, with bus egress from the main driveway. Parking: The project proposes a total of 53,292 square feet of enclosed gross building area, including mezzanines.The site plan depicts parking spaces located east of the school fronting South Congress Avenue. Current parking requirements for elementary and middle schools require one (1) parking space per 500 square feet of classroom floor area, and high school and vocational school require one (1) parking space per 100 square feet of classroom floor area. The proposed revisions to the school parking requirements of the Land Development Regulations are more restrictive, being based on gross floor area rather than classroom floor area. The site plan indicates a total of 106 parking spaces are required and 118 parking spaces are provided, including five (5) handicap accessible spaces, based on the more restrictive gross floor area provision. In addition, approximately 28 parking spaces with stabilized sod along the east perimeter of the parking lot would serve as overflow parking for special events. According to the Traffic Impact Statement submitted, sufficient vehicle stacking is provided on site and vehicular circulation is designed so that cars dropping off students can wrap around the parking lot, and not interfere with traffic flow on the adjacent roadway. The Engineering Division is recommending conditions of approval requiring a future traffic study and possible traffic improvements to the intersection of South Congress Avenue and Charter Drive North (see Exhibit “C” – Conditions of Approval) if warranted by the study or based on observed deficiencies. The 90-degree parking stalls, excluding the handicap space, would be dimensioned nine and one-half (9 ½) feet in width and 18 and one-half (18 ½) feet in length and include continuous curbing. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and permanent markings will be provided to clearly delineate areas on site and direction of circulation. 190 of 366 Landscaping: The site plan indicates that 26% of the site would be pervious consisting of landscaped and open space areas. The site and landscape plans show the planted landscape strip on a berm along the east property line adjacent to South Congress Avenue. Along the west property line adjacent to Palmland Drive and residential uses existing palms will remain and be included within a landscape buffer that includes an existing six (6) foot masonry buffer wall. Landscape buffers along the north and south property lines would screen vehicular use areas, including the bus loop. Several existing trees will be removed and mitigated. The proposed landscaping provides a complimentary mix of large existing trees to remain such as Green Buttonwood and Washingtonia Palms, along with proposed canopy trees such as Gumbo Limbo, Green Buttonwood, Japanese Privet, and Yellow Elder, along with a variety of palms and native shrubs.The landscape plan provides 16 extra trees on site and exceeds the minimum landscape requirements. The landscape code requires that 50% or more of the plant material be native species. The plant chart (sheet L-1) indicates the landscape plan complies with this requirement by providing 78% native trees, 98% native palms, and 53% native shrubs. Irrigation will use non-potable water only. Building and Site: The proposed buildings are linear from east to west on the subject property and oriented to face south. The main building entrance faces east toward the parking lot adjacent to South Congress Avenue and consists of a handicap accessible entry. Another handicap-accessible entry is located on the south side of the building adjacent to the bus lane. Pedestrian circulation is proposed by sidewalks along all adjacent rights- of-way, with covered pedestrian corridors throughout the development. To encourage alternative transportation, the school will provide bike racks for 26 bicycles at the northeast corner of the buildings and preferred parking spaces for hybrid and electric vehicles. The proposed project is designed with one (1)-story buildings devoted primarily to classrooms and offices.The project includes covered pedestrian corridors, courtyards, open space and recreation areas such as a pool, a tree grove consisting of Laurel Oaks, play field, vegetable garden, and café patio. Some of the sustainable features being considered to obtain LEED certification for the project include: use of low maintenance vegetation and non-potable water for irrigation; use of pervious pavers for parking spaces; use of stabilized sod for overflow parking; encouraging alternative transportation through bike racks and preferred parking for hybrid and electric vehicles; use of high-albedo roofs to reduce heat absorption; construction waste recycling during construction; light pollution reduction through day lighting strategies; water-conserving fixtures; and low to non- toxic paints, low-emitting carpet, and non-solvent based adhesives. Building Height: The one-story building elevations (sheets A10 – A11) indicate the top of metal deck roofs would be 22 feet – six (6)-inches and the highest elevation (gymnasium) would be 28 feet – six (6)-inches. The proposed 191 of 366 building height is well below the maximum height of 45 feet allowed in the C-3 zoning district. Building Design: As depicted on the Building Elevations (sheet A-10), the proposed buildings have modern exterior design elements that include walls of either white metal panel or fiber cement board over tilt-up construction; large north facing clerestory windows; and metal roofs.According to the elevations and materials board, the main base color of the buildings would be a soft white with some building trim in soft blue and green colors.The 810 square foot accessory pool equipment and storage building would match the colors and materials of the principal buildings. Decorative metal art screens and continuous walls with “green” screens consisting of vegetation would be used throughout the development to provide texture and visual interest. Site Lighting: The photometric plan (sheet L-8) proposes a total of 13 freestanding single light fixtures and six (6) freestanding double light fixtures throughout the site. The photometric plan proposes a height of 25 feet for the freestanding pole fixtures. Staff is recommending as a condition of approval that freestanding pole fixtures be limited to a maximum of 18 feet in height. Additionally, site lighting will be recessed and shielded on all sides to direct light down and away from adjacent properties and rights-of- way to prevent glare and light spillage onto adjacent properties. Site Signage: No monument sign or wall signage on the building is proposed. However, the building elevations indicate the name of the school on the glass doors at the east entrance. The site address is also required to be identified on the building. Public Art: An open space for public art exhibition is reserved on site to be visible from Congress Avenue. The artwork proposed is a large format art piece that will be integrated into the architecture of the east building entrance. This artwork would complement the architecture of the proposed building and enhance the ambiance of the proposed development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. RECOMMENDATION Staff has reviewed this request for New Site Plan and recommends approval of the plans presented, subject to satisfying all comments indicated in Exhibit“C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Slomin Family Center - 3005 S Congress\Staff Report.doc 192 of 366 EXHIBIT “C” CONDITIONS OF APPROVAL Project Name: Slomin Family Center File number: NWSP 10-005 Reference: 3rdreview plans identified as a New Site Plan with an August 31, 2010 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None (all previous comments have been addressed). FIRE Comments: 1. All issues will be addressed in Plan Review (during Building Permit X process). Hydrant locations and sprinkler requirements, etc. will be looked at then. POLICE Comments: None (all previous comments have been addressed). ENGINEERING DIVISION Comments: 2. One year after issuance of a certificate of occupancy for the School X or based on observed deficiencies by the City Engineer a traffic study will be required to re-analyze the entire intersection of Charter Drive and Congress Avenue. In particular the study should focus on the need to provide a WBR turn lane at entrance to the school on Charter Drive. If traffic study is not deemed necessary by the City Engineer the surety will be released by the City. 3. Prior to issuance of a building permit a surety in a format acceptable X to the City will be required to be posted to cover the cost of traffic study, cost of the design and permitting, and the construction costs of a WBR turn lane at entrance on Charter Drive to maximize the storage. The amount of the surety will be based on the engineer of record’s estimate of the cost for the aforementioned items. 4. If warranted by the study or based on observed deficiencies by the X City Engineer the WBR turn lane at entrance on Charter Drive to maximize the storage will be constructed immediately following approval of plans and permits by the City and Palm Beach County. If traffic study is conducted and the improvements are not warranted the surety will be released, upon acceptance of the traffic study by the City. UTILITIES 193 of 366 DEPARTMENTS INCLUDE REJECT Comments: 5. No canopy trees or light poles are allowed within utility easement for X proposed 10” sanitary sewer at entrance and along bus drive. Recommend shifting sanitary sewer within the Charter Drive right of way. 6. Proposed 8” watermain at NW corner of site must be a minimum of X 10 feet from face of proposed building. BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate X additional comments. Acceptance of these plans during the TART (Technical Application Review Team) process does not ensure that additional comments may not be generated by the Commission and at permit review. 8. Indicate within the site data the occupancy type of each building as X defined in 2007 FBC, Chapter 3. 9. Place a note on the elevation view drawings indicating that the X exterior wall openings and exterior wall construction comply with 2007 FBC, Table 704.8. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2007 FBC, Table 704.8. 10. At time of permit review, submit signed and sealed working X drawings of the proposed construction. 11. Add to each building that is depicted on the drawing titled site plan X and floor plan a labeled symbol that identifies the location of the handicap-accessible entrance doors to each building (2007 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3). 12. As required by the CBBCO, Part III titled “Land Development X Regulations”, submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all buildings on all sides. 13. CBBCPP 3.C.3.4. requires the conservation of potable water. City X water may not, therefore, be used for landscape irrigation where other sources are readily available. 194 of 366 DEPARTMENTS INCLUDE REJECT 14. If capital facility fees (water and sewer) are paid in advance to the X City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 15. At time of permit review, submit separate surveys of each lot, parcel, X or tract. 16. Add a general note to the site plan that all plans submitted for X permitting shall meet the City’s codes and the applicable building codes in effect at the time of permit application. 17. Pursuant to approval by the City Commission and all other outside X agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 18. The full address of the project shall be submitted with the X construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Engineering Division, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. a) Palm Beach County Planning, Zoning & Building Department, 2300 N Jog Rd, West Palm Beach, FL 33411-2741 (Sean McDonald – 561-233-5316) b) United States Post Office, Boynton Beach (Michelle Bullard – 561- 734-0872) 19. Detectable warnings along the handicap accessible route shall X comply with the Florida Building Code Section 11-4.29. 20. The readings on the site plan for the site lighting are illegible. X Submit a plan that reflects clear and legible readings. PARKS AND RECREATION Comments: None (all previous comments have been addressed). FORESTER/ENVIRONMENTALIST Comments: None (all previous comments have been addressed). PLANNING AND ZONING Comments: 195 of 366 DEPARTMENTS INCLUDE REJECT 21. Revise landscape plan to indicate all locations of proposed fences X and walls around site perimeter. Include a detail of fence and/or wall including height, type of material, and color. 22. Revise lighting plan to include a detail of typical freestanding X outdoor light pole with maximum height of 18 feet, fixture details, exterior finish, and color. 23. At time of permitting, revise plans to indicate the new (to be X determined) location of the FPL easement that currently bisects the property so there is no conflict with proposed structures. 24. Please ensure the mechanical building and dumpster enclosure are X not encroaching into the FPL easement. Provide additional detail to indicate no areas of encroachment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Slomin Family Center - 3005 S. Congress\COA.doc 196 of 366 197 of 366 198 of 366 199 of 366 200 of 366 201 of 366 9. B PUBLIC HEARING November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R10-161 - Approve (1) EQUESTED CTION BY ITY OMMISSION authorizing the issuance of Series 2010 revenue bonds not to exceed the amount of $8,050,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to pay or reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2010 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2010 bonds to Municipal Capital Markets Group, Inc. and delegating the Mayor and City Manager to fix the final terms and conditions of the 2010 bonds and documents subject to certain parameters; (4) appointing TD Bank , N.A. as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2010 bonds. ER: The Charter Schools of Boynton Beach, Inc. (the School) provides XPLANATION OF EQUEST K-8 education for children in Boynton Beach and surrounding communities. The School has operated within the City since its founding 9 years ago. It is organized as a 501(c)(3) non-profit corporation and is tax-exempt under IRS regulations. The School currently is located at 1425 and 1325 Gateway Boulevard in Boynton Beach. As part of a plan to secure its long-term financial goals, the School desires to purchase these facilities. The transaction will involve the issuance of revenue bonds not to exceed $8,050,000. Of this amount, approximately $6,400,000 is attributable to the purchase of the property and the related real estate transfer expenses. Approximately $300,000 will be used to refinance existing debt. The remaining amounts will be used to pay for building renovations, equipment acquisition, issuing costs, and for the establishment of a debt service reserve fund. 202 of 366 In order to finance the acquisition, the School has engaged Municipal Capital Markets Group (“MCM”), a municipal bond underwriting firm with extensive experience in financing charter schools nationwide. Under the Internal Revenue Code and under Florida law, it is possible for the City of Boynton Beach to assist the School in achieving a significantly lower interest rate on this borrowing than would otherwise be available from commercial lending sources. This lower rate of financing will allow the School to own its facility for significantly less than it is now paying to lease it. The long-term savings from such a transaction will permit the School to apply more of its resources towards providing superior education to its students. The School and MCM are asking the City to facilitate the bond issuance. Assuming that the City Commission chooses to move forward, MCM will prepare various documents for review by our City Attorney and by Bond Counsel. At this time, the City Commission is conducting this public hearing regarding the transaction and adopting a resolution authorizing the transaction. Assuming such a resolution is adopted the transaction will be promptly concluded. As proposed, the City would be the nominal issuer of the bonds and the monies the City would receive from the sale of the bonds not to exceed $8,050,000 would then be loaned by the City to the School who would use the loan proceeds to purchase the facility. The City would assign its rights to be repaid by the School to a Trustee Bank (in this case, TD Bank, N.A.) as security and source of payment of the bonds. The School would then make the loan repayment directly to the Trustee Bank until the loan is paid in full. The Trustee will also hold a mortgage on the property as additional security for the bonds. MCM will serve as the underwriter, selling the bonds to investors. H? Not applicable OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: This requested transaction is at no cost or risk to the City. Under Florida law, ISCAL MPACT municipalities that participate in bond issues such as this are in no way financially liable. The sole and complete responsibility for repayment of the bond is upon the beneficiary of the bond, in this case the School. Under no circumstance would the School, investors, or other parties have recourse against the assets of the City even if the School should default in its payment obligations to the Trustee. Neither would the City's borrowing ability be impaired in any way by the existence of the bond. The School will pay the City $10,000 plus bond counsel fees of $5,000 for our role in this transaction once closed. Property Tax Impact : The subject property received a property tax exemption in 2009 per the attached report from the County Property Appraisers Office. This exemption was granted when the school was leasing the property. The 2008 property taxes were $55,763 including non ad valorem. In 2009, the taxes paid were $15,540 reflecting non ad valorem. In 2010, the school was not paying property taxes and paid $14,413 in non ad valorem taxes. A: Not to have staff move forward with the requested transaction, in which case LTERNATIVES the School will use an alternative financing conduit to issue the bonds on its behalf. . 203 of 366 RESOLUTION NO. R10-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA MAKING CERTAIN FINDINGS; AUTHORIZING THE ISSUANCE OF THE CITY OF BOYNTON BEACH, FLORIDA REVENUE BONDS (CHARTER SCHOOLS OF BOYNTON BEACH) SERIES 2010, IN ONE OR MORE SERIES AT ONE OR MORE TIMES IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,050.000.00 TO PAY OR REIMBURSE THE COST OF THE FACILITIES TO BE ACQUIRED AND EQUIPPED BY CHARTER SCHOOLS OF BOYNTON BEACH, INC., AND TO PAY CERTAIN COSTS OF ISSUANCE OF THE 2010 BONDS; AUTHORIZING THE EXECUTION, DELIVERY AND/OR USE OF A TRUST INDENTURE, LOAN AGREEMENT, BOND PURCHASE AGREEMENT, AND OTHER DOCUMENTS AND THE PERFORMANCE OF OBLIGATIONS THEREUNDER; AUTHORIZING THE NEGOTIATED SALE OF THE 2010 BONDS TO MUNICIPAL CAPITAL MARKETS GROUP, INC. AND DELEGATING THE MAYOR AND CITY MANAGER TO FIX THE FINAL TERMS AND CONDITIONS OF THE 2010 BONDS AND DOCUMENTS SUBJECT TO CERTAIN PARAMETERS; APPOINTING TD BANK, N.A. AS THE TRUSTEE, PAYING AGENT AND REGISTRAR; REQUIRING INDEMNIFICATION; AUTHORIZING FURTHER ACTS ON BEHALF OF THE CITY IN CONNECTION WITH THE 2010 BONDS; PROVIDING FOR SEVERABILITY; DECLARING FLORIDA LAW AS THE GOVERNING LAW IN CONNECTION WITHTHE ISSUANCE OF THE 2010 BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Commission (the "Commission") of the City of Boynton Beach, Florida (the "City"): 1.F.: The Commission finds, determines and declares that INDINGS The City is a municipal corporation duly organized and existing under the laws of the State (a) of Florida and the City is authorized pursuant to the Charter of the City (the “City Charter”) and Part II of Chapter 159, Florida Statutes, as amended and supplemented, or any successor statute and other applicable provisions of law, (the "Act"), to issue its revenue bonds, payable solely from revenues derived by the City from financing agreements with respect to such projects, for the purpose of providing funds to pay all or any part of the costs of “projects” as defined in the Act; Charter Schools of Boynton Beach, Inc., a Florida not-for-profit corporation (the (b) “Company”), intends to acquire and equip charter school facilities (the "Facilities") located within the City of Boynton Beach, Florida, the land on which such Facilities are located at st 1425 Gateway Boulevard, Boynton Beach, Florida 33426 and 1325 Gateway Boulevard, 1 Floor, Boynton Beach, Florida 33426 (the "Site") and improvements thereto (collectively, the "Project"); The Company has requested the City to issue its City of Boynton Beach, Florida Revenue (c) Bonds (Charter Schools of Boynton Beach) Series 2010 (the “Bonds”) in one or more series at one or more times in an aggregate principal amount not to exceed $8,050,000.00, issued pursuant to a Trust Indenture (the “Indenture”) between the City and TD Bank, N.A. (the “Trustee”), and the proceeds of the Bonds shall be loaned to the Company pursuant to a Loan Agreement (the “Loan Agreement”) between the City and the Company to (a) pay, or 204 of 366 reimburse to the Company, Project costs; and (b) pay certain expenses incurred in connection with the issuance of the Bonds; Due to the character of the Bonds, timing, size and complexity of the transactions related to (d) the Bonds, the present volatility of the municipal bond market and the uncertainty inherent in a competitive bidding process, it is in the City's best interest to sell the Bonds by delegated, negotiated sale rather than by competitive bid at public sale. 2.TEFRAH. EARING At this Board meeting and as discussion in the consideration of this Resolution, the City has (a) held and conducted a public hearing (the “TEFRA Hearing”). Notice of such hearing was published on October ___, 2010 in the Palm Beach Post, for the purpose of giving all interested persons an opportunity to express their views, either orally or in writing, concerning the Project and proposed issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and, after hearing and reviewing the results of such hearing, the City wishes to approve and authorize the issuance of the Bonds. The Project and the issuance of the Bonds in an aggregate principal amount not to exceed (b) $8,050,000.00 is hereby approved by the City for purposes of Section 147(f) of the Code. 3.AATEFRAHB;D. UTHORIZATION AND PPROVAL OF EARING AND ONDS ESIGNATION The TEFRA Hearing and the results thereof with respect to the Project and the issuance of (a) the Bonds are hereby approved by the City for purposes of Section 147(f) of the Code. The City is hereby authorized to issue, execute and deliver to the Bond Trustee the Bonds in (b) an aggregate principal amount not to exceed $8,050,000.00, the proceeds of which shall be loaned to the Company to (a) pay or reimburse the cost of the Project to be acquired and equipped by the Company; and (b) pay certain expenses incurred in connection with the issuance of the Bonds; and The Bonds shall be designated "CBB,FRB (c) ITY OF OYNTON EACH LORIDA EVENUE ONDS (CSBB),S2010." HARTER CHOOLS OF OYNTON EACH ERIES For the purposes of any limitation contained herein on the aggregate principal amount of (d) Bonds, the principal amount thereof shall be the initial principal amount on the date of issuance thereof. The Bonds shall be serial bonds or term bonds dated on such date or dates, shall bear interest payable on each date therefor, at such fixed or variable rates (not exceeding the maximum rate permitted by law), shall be numbered and shall mature, subject to prior redemption (both optional and sinking fund redemptions), on such maturity dates (not to exceed fifty (50) years from their date of issue), and shall contain all other details, terms, forms and provisions as are set forth in the Indenture. The Mayor, any Member of the Commission, the City Manager or the City Clerk (as (e) applicable, the "Authorized Representative") is authorized to execute and attest, on behalf of the City, the Bonds in the forms and containing the terms described herein and to cause the Bonds to be authenticated as set forth in the Indenture (hereinafter defined) and sold or issued as set forth in this Resolution, with such Authorized Representative’s execution of the Bonds conclusive evidence of such person’s approval of the forms and terms of the Bonds. The Bonds and the premium, if any, and the interest thereon shall (a) not be deemed to (f) constitute a debt, liability or obligation of any authority or county or of the State of Florida or of any political subdivision thereof, including, without limitation, the City, and (b) be payable solely from the revenues and receipts received by the City pursuant to the Loan 205 of 366 Agreement, as specifically set forth in the Indenture. Neither the faith and credit nor any taxing power of any authority or any county or of the State of Florida, or of any political subdivision thereof, including, without limitation, the City or Palm Beach County, Florida, is pledged to the payment of the principal of, or premium, if any, or interest on the Bonds. 4.I,LAOD. NDENTURE OAN GREEMENT AND THER OCUMENTS In connection with the issuance of the Bonds and the financing of the Project by the City from the proceeds of the Bonds, the Commission hereby authorizes and approves the execution and delivery and/or use, as the case may be, of the following instruments as shall be approved by an Authorized Representative, with the execution or the acceptance thereof by an Authorized Representative being conclusive evidence of the City's approval of the final form of such documents with such insertions, filling in of blanks, changes or deletions (collectively, the “Bond Documents”): The Indenture between the City and the Trustee (the “Indenture”). (a) The Loan Agreement between the City and the Company (the “Loan Agreement”). (b) The Bond Purchase Agreement (the “Bond Purchase Agreement”) among the Company, the (c) City and Municipal Capital Markets Group, Inc., as underwriters (collectively, the “Underwriters”), in relation to the Bonds. Such other instruments, certificates, opinions and other matters as the Authorized (d) Representative deems necessary or desirable in connection with these transactions. In addition, the City is authorized and directed to comply with, and satisfy each of the conditions to the issuance of the Bonds, including, without limitation, those conditions contained in the Indenture and the Loan Agreement. The proceeds of the Bonds shall be applied as set forth in the Indenture. 5.NSB;A. EGOTIATED ALE OF THE ONDS WARD The negotiated sale of the Bonds to the Underwriter is hereby authorized pursuant to Section 218.385, Florida Statute. An Authorized Representative is hereby authorized to award the Bonds to the Underwriter, as set forth above, pursuant to the Bond Purchase Agreement, subject to the following conditions: The Underwriter’s discount on the Bonds shall not be more than (i) $20.00 per $1,000 of the (a) principal amount of the Bonds issued, excluding Underwriter's counsel fees and Underwriter's counsel expenses which shall be finally determined by the Company. The final maturity date on any of the Bonds shall not be later than December 1, 2035. (b) The true interest cost on the Bonds shall not exceed 8.5% per annum. (c) All or a portion of the Bonds may be subject to mandatory redemption and or mandatory and/or (d) optional purchase prior to maturity. All of the Bonds must be subject to optional redemption by June 1, 2021 at prices no greater than (e) 101.5% of par, plus accrued interest. The City shall have received a disclosure statement from the Underwriter, setting forth the (f) information required by Section 218.385, Florida Statute, as amended, and the Underwriter shall have complied with Section 287.133, Florida Statute. The sale and issuance of the Bonds shall take place on or before February 28, 2011. (g) Such other conditions as shall be deemed necessary by the Authorized Representative in (h) consultation with Tripp Scott, P.A. ("Bond Counsel"). 206 of 366 6.BT. OND RUSTEE TD Bank, N.A. is hereby confirmed as the Trustee, Paying Agent and Registrar under the Indenture. 7.I. NDEMNIFICATION The City requires, and it shall be included in the Bond Documents, that the Company shall indemnify and save the City and its respective members, officials, Authorized Representative, employees, agents and attorneys thereof harmless against and from all claims, including any attorneys fees and costs incurred in defense of such claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of, or from any work or thing done on, any portion of the Project or resulting from any breach of any representation, warranty, agreement or covenant of the Company contained in any Bond Document or from the issuance or sale of any Bonds and from any pecuniary liability by reason of the terms of any Bond Document or the undertakings required of the City thereunder, by reason of the issuance of any Bonds or Obligations, by reason of the execution of the Indenture or any Bond Document or by reason of the performance of any act requested of the City by the Company, including attorneys fees and costs incurred in defense thereof and including all claims, liabilities or losses, arising in connection with the violation of any statutes or regulation pertaining to the foregoing. 8.O. THER Further Acts. The Authorized Representative, employees, agents and persons otherwise acting (a) on behalf of the City are hereby authorized to do all acts and things required of them by this Resolution for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds and this Resolution. The Authorized Representative is hereby authorized and directed to execute and deliver the Bonds and the Bond Documents to which the City is a party, and to do and perform such other acts on behalf of City, as may be necessary or desirable and appropriate to carry out the provisions and complete the transactions contemplated by this Resolution and the Bond Documents. Severability. In case any one or more of the provisions of this Resolution, of any Bond (b) Document or of any Bond shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution, such Bond Document or such Bond, as the case may be, and they shall be construed and enforced as if such illegal or invalid provision had not been contained therein. Florida Law. The Bonds will be issued, this Resolution is adopted, and the Bond Documents (c) shall be negotiated and drafted with the intent that the laws of the State of Florida shall govern their construction, except as otherwise expressly noted therein. Definitions. Capitalized terms used but not defined herein have the meanings assigned to such (d) terms in the Indenture or the Master Trust Indenture, unless the context in which such terms are used require a different meaning. Effective Date. This Resolution shall take effect immediately upon its adoption. This Resolution (e) may be signed in one or more counterparts, each of which shall be originals of this Resolution, but all such counterparts shall form but one and the same Resolution. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 207 of 366 rd PASSED AND ADOPTED this 3 day of November, 2010. CITYOFBOYNTONBEACH,FLORIDA _______________________________ M–JR AYOR OSE ODRIGUEZ _______________________________ VM–MR ICE AYOR ARLENE OSS _______________________________ C–WO OMMISSIONER ILLIAM RLOVE _______________________________ C–WL.H OMMISSIONER OODROW AY _______________________________ C–SH OMMISSIONER TEVEN OLZMAN ATTEST: _____________________________ JM.P,MMC ANET RAINITO CC ITY LERK (CS) ORPORATE EAL 208 of 366 209 of 366 210 of 366 9. C PUBLIC HEARING November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-029 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the 2010 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). ER: The annual update of the CIE is required by State law as described XPLANATION OF EQUEST in Chapter 163.3177(3)(b)2, Florida Statutes. The update is limited to the Capital Improvements Schedule; no amendments to objectives or policies of the Capital Improvements Element are proposed at this time. H? The proposed 2010 CIE update reflects OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the Capital Improvements Plan approved by the City Commission as part of the Fiscal Year 2010-2011 Budget on September 27, 2010. FI: Completed as part of analysis conducted for CIP. ISCAL MPACT A: N/A. Item already approved as part of the budget; the annual update is a State LTERNATIVES requirement pursuant to Chapter 163.3177(3)(b)2, Florida Statutes. 211 of 366 ORDINANCE NO. 10- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE 2010 UPDATE OF THE CAPITAL IMPROVEMENTS ELEMENT (CIE) OF THE CITY’S COMPREHENSIVE PLAN; PROVIDING DIRECTION FOR TRANSMITTAL OF THE CITY’S COMPREHENSIVE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 163.3177(3)(b)(2), Florida Statutes, requires that the Capital Improvement Element of the City’s Comprehensive Plan be updated; and WHEREAS, Section 163.3184(15), F.S., requires that the Comprehensive Plan be adopted by the governing body of the local government by Ordinance; and WHEREAS, the proposed 2010 CIE update reflects the Capital Improvement Plan approved by the City Commission as part of the Fiscal year 2010-1011 Budget on Spetmber 27, 2010; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and incorporated herein by this reference. Section 2. In order to comply with the provisions of Chapter 163, Florida Statutes, the City Commission hereby amends the Capital Improvement Element of the City’s Comprehensive Plan to incorporate changes to the Capital Improvements Schedule as more particularly set forth in the “City of Boynton Beach Comprehensive Plan Capital Improvements Element 2010 Update, November 16, Exhibit “A” 2010” a copy of which is attached hereto as and incorporated herein. Section 3. The City Commission hereby certifies that it shall and will conduct such public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in order to adopt the Comprehensive Plan Amendments and so directs the City Administration to conduct and publish same, as provided by general law. 212 of 366 Section 4. The City Commission hereby authorizes the appropriate City officials to submit the appropriate number of copies of this Ordinance and the City’s Comprehensive Plan, as amended herein, to the State of Florida Department of Community Affairs and to any other governmental agency having jurisdiction with regard to the approval of same in accordance with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan Amendments available for public review and examination at Boynton Beach City Hall. Section 5. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. Section 6. 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 7. This Ordinance shall become effective upon its passage and adoption. 213 of 366 FIRST READING this ____ day of ______________, 2010. SECOND, FINAL READING AND PASSAGE this ____ day of _________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 214 of 366 215 of 366 216 of 366 217 of 366 218 of 366 219 of 366 220 of 366 221 of 366 222 of 366 223 of 366 224 of 366 225 of 366 226 of 366 227 of 366 228 of 366 229 of 366 230 of 366 231 of 366 232 of 366 233 of 366 234 of 366 235 of 366 236 of 366 237 of 366 238 of 366 239 of 366 240 of 366 241 of 366 242 of 366 243 of 366 10. A CITY MANAGER’S REPORT November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Provide direction to staff regarding the potential conversion EQUESTED CTION BY ITY OMMISSION of Pence Park into a "dog" park. If project is authorized for further consideration, the matter should be referred to the Recreation and Park Board for further study. ER: Recently, Commissioner Holzman inquired about the possibility of XPLANATION OF EQUEST converting Pence Park into a “dog” park. Pence Park is considered to be a “neighborhood” park (as defined in the Department’s Strategic Plan) and the 3.5 acre property is located at 600 th S.E. 4 Street. The park includes a fenced-in lighted multi-purpose field, a small lighted basketball court, playground, various park furniture and restrooms. Conversion of the park would involve reconfiguring the existing multi-purpose field so that areas could be created to contain dogs, and to separate small dogs from large dogs. Some minor amenities would need to be included (canine drinking fountain, dog bag dispensers, extra trash receptacles). H? Pence Park was used as a recreation OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES area long before the City built the original softball field within the park property in the mid 1950s. Between 2007 and 2008 the park was remodeled, which cost approximately $50,045. This involved replacement of the playground, installation of new park furniture, the conversion of the softball field into a “multi-purpose” field, which included moving the lights and fence, and replacement of the sod. This was done because of how the park was being used and feedback we received from those who were using the park. Although the park was a very popular venue for softball and related activities (i.e. games and practices) in the 1970s and 80s, staff observed that over the past several years the field at the park was mostly being used for informal soccer games by many of the local youth who live within walking distance of the facility. The multi-purpose field is also frequently rented for various forms of play. From 244 of 366 October 1, 2009 – September 30, 2010, the field was rented 93 times, which generated $3,222 in revenue. Conversion of the park would negate use of the multi-purpose field. Please see attached photos. FI: The removal of the multi-purpose field would eliminate the rental revenue. ISCAL MPACT The cost to convert the facility into a dog park would be approximately $28,500, which is based on the following: Dividing fence $9,000 Double gate system x 2 $1,000 Canine drinking fountain $4,000 Plumbing for fountain $1,000 Dog bag dispensers x 4 $1,400 Benches x 6 $6,000 Trash receptacles x 6 $5,100 Striping for parking $1,000 TOTAL $28,500 In its current condition, it costs approximately $46,300/year to maintain Pence Park. There are no funds in the budget for the capital cost of this project. To provide some comparative information, staff contacted Palm Beach County and the City of Boca Raton regarding their dog parks. The County’s Dog Park is approximately 3.5 acres and is located within Lake Ida Park in Delray Beach. It is open daily from sunrise – sunset. Closed Thursday from 12 noon – 3pm. Mizner “Bark” is located in Boca Raton and is approximately 4 acres. It is open Monday – Tuesday, 7:30 – dusk; Wednesday, noon – dusk; Thursday – Sunday, 7:30 – dusk. A parking permit is required to park at the park. According to information we received from Palm Beach County and City of Boca Raton staff, in their current condition, it costs them approximately $100,000/year to maintain their dog parks. It is noted that the County’s budget to maintain their dog park during fiscal year 2009/10 (copy is attached) not only included scheduled maintenance, but also capital improvements and non scheduled maintenance, hence the much higher cost. However, their staff confirmed that of that total, approximately $100,000 is specifically for reoccurring labor. Consequently, for illustrative purposes, we estimated the annual cost to maintain the dog parks at Lake Ida and Boca Raton to be $100,000. Using this estimate, the following is a cost comparison to maintain these parks, and the anticipated cost to maintain them over the next five years. Pence Park in Current Condition Approximate Annual Labor Costs to Maintain (increased 5% annually) 245 of 366 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 $46,303 $48,618 $51,049 $53,601 56,281 Lake Ida Dog Park and Boca Raton in Current Approximate Annual Labor Costs to Maintain Condition (increased 5% annually) $100,000 $105,000 $110,250 $115,763 $121,551 Approximate Difference in Costs to Maintain the Two Parks $53,697 $56,382 $59,201 $62,162 $65,270 A: LTERNATIVES 1. Do not consider converting Pence Park into a “dog” park at this time. Leave the park as a regular neighborhood park with current recreation opportunities. 2. Consider the conversion of the park as a “dog” park using public funding to pay for construction, operations and maintenance costs. 3. Consider the conversion of the park using donations and/or private sector funding to pay for construction, operations and maintenance costs; use existing City staff or hire additional staff to manage the facility. 4. Privatize the park by franchising or licensing the operation to a private vendor who would be totally responsible for the facility. *Alternatives 3-4 would require further investigation and analysis from staff. Attachments: Boca Raton Dog Park - FY 2009/10 Budget Palm Beach County Dog Park - FY 2009/10 Budget 246 of 366 247 of 366 248 of 366 249 of 366 250 of 366 251 of 366 10. B CITY MANAGER’S REPORT November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the budget status report for the General Fund and EQUESTED CTION BY ITY OMMISSION the Utility Fund for the twelve (12) month period ended September 30, 2010; 100% of the fiscal year. ER: This is the final monthly budget status report for the twelve (12) XPLANATION OF EQUEST month period ended September 30, 2010; 100% of the fiscal year. 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. The analysis compares actual results for the current period to (a) the annual budget for this fiscal year and (b) the actual results for the same period compared to the annual budget of the prior fiscal year and H? The report is one of the financial reporting OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services of the Finance Department for the purpose of providing interim financial information to the City Commission and to City Management. FI: The fiscal impact of the actual budgetary results to date for the General Fund ISCAL MPACT and the Utility Fund follow. 252 of 366 GENERAL FUND As the Commission is aware, in order to balance the FY 2009-2010 budget, two non-revenue funding sources totaling $25.9 million were required.  A fund balance appropriation (reduction) of $3.5 million and  Transfers from other funds of $22.4 million As noted many times, the fund balance reduction and transfers from other funds represent an unusually high 36% of our total General Fund budget and will not be fully available in FY 2011- 2012. For the full FY 2009-2010, the City operated within its total budget, but realized a preliminary net deficit (fund balance reduction) of $18,000. We say preliminary since there may be closing accruals that are needed. We know of added Franchise Fee revenues of approximately $500 thousand that will need to be accrued as there is a two-month lag receiving these amounts. This will place us in positive bottom line results. However, there may be late invoices on the expense side that will require an accrual, but hopefully not of a material amount. The following summarizes results prior to year-end accruals.  Revenues and transfers realized are $69.8 million (99%) of the budget estimate.  Expenditures incurred are $69.8 million (99%) of the annual appropriated budget. FY 2010FY 2009 BudgetActual to DateActual to Date Annual Budget Amount%Amount% Approved Revenues/Transfers$ 70,517$ 69,84599%$ 70,789$ 69,09898% Expenditures$ (70,517)$ (69,863)99%$ (70,789) $ (71,983)102% Excess (Deficit)$ -$ (18)$ - $ (2,885) 253 of 366 Revenues & Transfers (Exhibit A) - Overall, we have received $69.8 million for the year that is $0.672 million less than our budgeted estimate for the year. In the current year, these funding sources can be summarized into three major groups making up the total percentage of the revenue budget: 1. 36% - $ 25.8 M – Property taxes less Tax Increment Financing to the CRA. The net taxes of the City were $32,831 less than the estimate in the approved budget. The major notation, however, is that FY 2009-2010 taxes received were $3.7 million less than the prior year and in FY 2010-2011 are estimated to drop another $3.6 million. 2. 36% - $ 25.9 M – Transfers from other funds and Fund balance appropriated The full amount of the budgeted transfers was made during the year. The $3.5 million General Fund balance transfer completely exhausted the undesignated fund balance except for the Emergency Reserve of $7.2 million. 3. 28% - $ 18.8 M – Other revenues. With the added accrual of about $500,000 of Franchise Fees, we should exceed the budget estimate by that same amount. 100% - $ 70.5 M – Total funding sources Expenditures (Exhibit B) – General Fund expenditures to date are $69.8 million (99%) of the $70.5 million expenditure appropriation for FY 2010 and about $0.7 million under budget overall. Most departments stayed within their respective budgets. Those that went over their budget were by small amounts except for Police and Fire who exceeded their budgets as follows:  $446,734 – Police (includes CRA reimbursable that is not budgeted separately)  $226,777 – Fire 254 of 366 UTILITY FUND The FY 2010 annual expenditure budget of $32.4 million represents nearly an 8% 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 $33.7 million vs. the $38.4 million expended in FY 2008-2009; resulting in a $4.7 million savings or 12% when compared to the prior year. For the 12 months of FY 2009-2010,  Revenues realized are $33.7 million (104%) of the annual budget estimate.  Expenditures incurred are $31.8 million (98%) of the annual appropriated budget. This results in an excess of revenues over expenditures of $1.92 million. FY 2010FY 2009FY 2010 vs. 2009 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues$ 32,465 $ 33,740104%$ 35,442 $ 34,54697%-8%-2% Expenditures$ (32,465)$ (31,820)98%$ (35,442)$ (30,784) 87%-8%3% Excess (Deficit)$ -$ 1,920$ -$ 3,762 The following page provides brief comments on revenues and expenditures for the year. 255 of 366 Revenues (Exhibit C) - The $33.7 million in FY 2010 revenues and fund balance appropriation when compared to same period for FY 2009 results in excess revenues of $2.2 million, note:  Water Sales - $16.8 million = 109% of the annual estimate, compared to $14.0 million in FY 2009. This $2.8 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, $4.8 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 $2.4 million. 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 are $231.8 million or 98% of the annual appropriation. Individual percentage variances are noted on Exhibit D. All departmental accounts operated very close to their budget for the year. A: Request further clarification at the City Commission meeting. LTERNATIVES 256 of 366 257 of 366 258 of 366 259 of 366 260 of 366 10. C CITY MANAGER’S REPORT November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Select date for joint City Commission/CRA Board EQUESTED CTION BY ITY OMMISSION Redevelopment Planning Workshop ER: At the October CRA Board Meeting the CRA Board directed the XPLANATION OF EQUEST Interim Executive Director to schedule a joint City Commission/CRA Board Workshop to discuss redevelopment priorities of the downtown area. This workshop will serve as a follow up to the City Commission Retreat that was held in May 2010. At the retreat, the City Commission identified five key program initiatives for the City. The five initiatives were: 1) Downtown Development 2) Old High School 3) Economic Development 4) Green Sustainability 5) Expanded Amphitheatre/Relocate Police Dept. The Commission then began to develop a timeline and project work plan to address the top two initiatives (attached). Based on the Commission’s discussion at the 10/19/10 City Commission meeting, in addition to the above, staff recommends incorporating economic development initiatives and a review of the Downtown Master Plan (DTMP) into the workshop discussions. 261 of 366 Staff identified three dates for the Commission’s consideration: Workshop time 9:00 am – 1:00 pm (with working lunch): Friday, November 19, 2010 Friday, December 3, 2010 Saturday, December 4, 2010 H? Provide direction and establish a course OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of action for future redevelopment priorities of the City. FI: Minimal cost for lunch expenses. ISCAL MPACT A: Not hold workshop; defer to a later time/date. LTERNATIVES ATTACHMENTS: Meeting Minutes from Commission Retreat – 5/21/10 & 5/22/10 Retreat Notes on “Top Two” Program Initiatives – 5/22/10 262 of 366 263 of 366 264 of 366 265 of 366 266 of 366 267 of 366 268 of 366 269 of 366 270 of 366 271 of 366 272 of 366 273 of 366 274 of 366 OLD HIGH SCHOOL RESPONSIBLE TARGET PARTY DEADLINE SCOPE  Preserve for Private/Public Community Use OBJECTIVES  Identify possible uses with preservation strategies National Historic Registry? o RISKS  Funding priorities  Current Building Condition/Constraints  Public Support (lack of)  Economic Viability DOCUMENT ASSUMPTIONS  Building could be structurally preserved  Public support exists  Financing exists  Viable users or owners ALTERNATIVES  Fiscal Analysis  Do nothing  Demolish Input from Preservation Board o COURSE OF ACTION  Commission decision to preserve  Identify compatible use(s) with DTMP  Identify Financing vehicle(s)  Garner Public Support CHANGE OF MANAGEMENT PLAN  Marketing Options  Public involvement  Sell vision and community benefits COMMUNICATION PLAN  Social Media  Develop volunteer base  “Buy A Brick” program PLAN 1.Create Schedule: Design/Build timeline by 12/10/2010 2.Assign Resources: Public/private grants; Fund Appropriation 3.Create Budget: Obtain cost estimate, O&M cost estimate and Design build costs a.Project phasing needed? NEXT STEPS: COMMITMENTS MADE  Mayor Jose Rodriguez- Private/public business/cultural 275 of 366  Comm. Bill Orlove- Communication/Marketing plan to promote  City Manager- Kurt Bressner- Utilize staff to do fact finding 276 of 366 DOWNTOWN DEVELOPMENT RESPONSIBLE TARGET PARTY DEADLINE SCOPE/DEFINED AREA th  Ocean Ave, 4 Street, BB Blvd, Seacrest, Federal Highway  Marina District Separate, H.O.B (Heart of Boynton) OBJECTIVES  Existing business Retention o Expansion o  Attract new businesses  Pedestrian friendly  Destination/Social hub RISKS  BB CRA issues/inconsistent goals  Financing DOCUMENT ASSUMPTIONS  Will City hall and PD Facility stay?  T.I.F. money available? ALTERNATIVES  No downtown  Residential redevelopment  Affordable housing  Small business development  No CRA COURSE OF ACTION  Decide on where to place City hall and PD  Reaffirm DMP CHANGE OF MANAGEMENT PLAN  As is . . . to be?  Present to Public/Business community COMMUNICATION PLAN  Public Service Announcements  City Web site  BBTV  Charities NEXT STEPS: COMMITMENTS MADE  Mayor Jose Rodriguez- private/public partnership business cultural  Comm. Bill Orlove- Communication/Marketing plan to promote  City Manager- Kurt Bressner- Utilize staff to do fact finding 277 of 366 278 of 366 13. A LEGAL November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-028 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve amending Article II, Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Employees' Pension Plan" ER: The Board of Trustees of the Employees Pension Plan, at their meeting on XPLANATION OF EQUEST August 23, 2010, approved recommended amendments to the referenced Code of Ordinances. The amendments adopt the language proposed to the Internal Revenue Service (IRS) to meet requirements of the Voluntary Correction Program. In 2009, the Board of Trustees approved filing for an IRS determination letter. As part of that process, the Board went through the Voluntary Correction Program to make certain amendments retroactively effective. A summary of the amendments are contained in the attached letter dated August 27, 2010 from Bonni Jensen, the Employees Pension Plan Attorney. The amendments must be passed into law by November 24, 2010. The Second Reading of the Ordinance will take place at a City Commission meeting prior to November 24. H? No direct impact. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The Plan Actuary is of the opinion that the Ordinance will have no significant actuarial ISCAL MPACT impact on the Plan. As a result, there should be no fiscal impact to the City. A: None recommended. LTERNATIVES If the amendments are not made in a timely manner, the requirements of the Voluntary Compliance Program will not be met and the amendment will not be deemed to have been made timely. This can result in tax disqualification for the Pension Trust Fund. 279 of 366 280 of 366 281 of 366 282 of 366 283 of 366 284 of 366 285 of 366 286 of 366 287 of 366 288 of 366 289 of 366 290 of 366 291 of 366 292 of 366 293 of 366 294 of 366 295 of 366 296 of 366 297 of 366 298 of 366 13. B LEGAL November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 19, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Conduct review of West Way Towing Bid Award Protest EQUESTED CTION BY ITY OMMISSION and determine if bid protest warrants reversal of bid award. ER: On September 21, 2010, the City Commission awarded a three XPLANATION OF EQUEST year towing franchise to the top two ranked respondents for Towing and Storage Services: Beck’s Towing & Recovery, Inc., in the amount of $104,500 and Zuccala Wrecker Service, Inc., in the amount of $100,075 for an annual contract price of $204,575. Subsequent to the award, one of the unsuccessful bidders, West Way Towing, Inc., filed a bid protest. The City Commission’s role in bid protests is to review the decision of the City Manager regarding the bid protest. The City Commission should allow public input from the bid protestor and other affected parties. BACKUP: 1. Original Agenda Item 2. 09/29/10 Protest Letter 3. City Attorney recommendation to City Manager 4. City Manager decision regarding protest 5. Protestor’s Notice of Appeal to City Commission 6. APM Policy 10.14.01 “Bid Protests” H? Towing services will be continued under OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the current rotation system until disposition of this protest. FI: Until resolved, the protest delays the anticipated revenue stream from ISCAL MPACT franchise agreements as awarded. Based on the annual contract price of $204,575, this will 299 of 366 result in lost revenue to the City of Boynton Beach in the amount of $560.48 per day or $10,649.12 through the date of this meeting. A: None. An appeal hearing must be conducted by the City Commission when LTERNATIVES requested by a Bid Protestor. 300 of 366 301 of 366 302 of 366 303 of 366 304 of 366 305 of 366 306 of 366 307 of 366 308 of 366 309 of 366 310 of 366 311 of 366 312 of 366 313 of 366 314 of 366 315 of 366 316 of 366 317 of 366 318 of 366 319 of 366 320 of 366 321 of 366 322 of 366 323 of 366 324 of 366 325 of 366 326 of 366 327 of 366 328 of 366 329 of 366 330 of 366 331 of 366 332 of 366 333 of 366 334 of 366 335 of 366 336 of 366 337 of 366 338 of 366 339 of 366 340 of 366 341 of 366 342 of 366 343 of 366 344 of 366 345 of 366 346 of 366 347 of 366 13. C LEGAL November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 10-026 - SECOND EQUESTED CTION BY ITY OMMISSION READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include restrictions on the direct dispensing of certain pain medications and references to new state laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. PROPOSED ORDINANCE NO. 10-027 - SECOND READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include a definition, and operational requirements applicable to pharmacies and drug stores in connection with the warranted control over the dispensing of certain pain medications by pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. ER: The City Commission approved Resolution No. R10-020 on XPLANATION OF EQUEST February 2, 2010 thereby issuing a Notice of Intent (NOI) to consider the need for, and adopt pending development regulations under a 180-day moratorium period applicable to pain clinics, pain management clinics and other uses that dispense prescription pain medications. Staff reviewed information from similar regulations previously adopted by other municipalities, and monitored progress and direction of the ongoing efforts of task forces established in both Palm Beach and Broward Counties. Contributing information was also obtained from a report from the Broward County Grand Jury and newly adopted state law. After considering possible alternatives, staff proposes regulations similar to those adopted in Delray Beach and by at least one other municipality in the County. This similarity will allow the city to easily benefit from the lessons learned from these other cities with respect to both changes in pain clinic operations and necessary subsequent code amendments. As staff has previously indicated, there currently is no perfect ordinance to address this problem. The problems represented by 348 of 366 the targeted pain clinics are dynamic, as represented by the fact that Delray Beach, one of the first cities to adopt pain clinic regulations, has amended their respective regulations three times since original adoption in late 2009. The City will continue to monitor pain clinic operations, will stay involved or networked with county-wide efforts in Palm Beach and Broward Counties, and monitor subsequent actions taken at the State level. Warranted amendments to City regulations are anticipated and would be processed timely. The proposed changes to existing Zoning Regulations are summarized as follows: (Proposed Ordinance No. 10-026) 1. References added to effected zoning uses describing the corresponding supplemental regulations; 2. Purpose and intent narratives for proper foundation and documentation; 3. The prohibition of directly dispensing controlled substances listed in Schedule II, III, or IV of Florida Law, and exemptions to the prohibitions to avoid unintended affects on legitimate medical care and treatment; (Proposed Ordinance No. 10-027) 4. A definition of pharmacy & drug store (to emphasize them being retail stores rather than just businesses that sell prescription pain medications, and to appropriately exempt facilities such as hospitals); and 5. Operational standards for pharmacies including a maximum limit on proportion of pain medications to be sold, in defense against this known strategy for circumventing pain clinic regulations. The Planning & Development Board reviewed the subject code amendments and forwards them with a recommendation of approval. H? Minimize the burden on local law OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES enforcement otherwise caused by the direct and indirect effects of the targeted businesses. FI: N/A ISCAL MPACT A: Deny subject request thereby making no code changes prior to expiration of LTERNATIVES moratorium, or approve with changes. 349 of 366 ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, BY AMENDING CHAPTER 2, ITEMS 6.A.1.G, 6.A.1.I, AND 6.A.1.J. BY ADDING REFERENCES TO THE REQUIREMENTS OF THE NEW SUBSECTION 11.R; AND BY AMENDING CHAPTER 2, SECTION 11, “SUPPLEMENTAL REGULATIONS”, BY ADDING THE NEW SUBSECTION “R”, “MEDICAL, PROFESSIONAL, BUSINESS OFFICES AND CLINICS”; TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the “City Commission”) is authorized and required to protect the public health, safety and welfare of its citizens; and WHEREAS , the City Commission has the power and authority to enact regulations pertaining to land use and development within the City and for valid governmental purposes that are not inconsistent with general or special law; 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 Commission finds that the fraudulent sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on-site narcotic drugs; and WHEREAS , the City Commission has also been made aware of numerous newspaper stories in the recent past describing a “pipeline” of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and 350 of 366 WHEREAS , the threat of increased crime associated with such clinics, is very significant and could undermine the economic health of the City’s development and redevelopment efforts; and WHEREAS , the Florida Legislature has attempted to deter such drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS , it is the intent of this ordinance not to interfere with the legitimate medical use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at medical offices, to the extent permitted by law; and WHEREAS , in the absence of regulations identifying where narcotic drugs may be dispensed, the City’s residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and WHEREAS, the City staff is recommending amendments to the Land Development Regulations that restrict the dispensing of narcotic drugs on sight at medical offices in the City of Boynton Beach, to the extent permitted by law; and WHEREAS, the City Commission has considered staff’s recommendations and reports and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect these amendments; and WHEREAS , the City Commission finds that the adoption of this Ordinance is in the best interest of the health, safety and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 2, Section 6.A.1, items “g”, “i”, and “j” are amended to include a reference to the new corresponding requirements within Subsection 11.R to read as follows: g. Medical and dental offices and clinics. (Also see Section 11.R. for restrictions applicable to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. (Also see Section 11.R. for restrictions applicable to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). j. Professional and business offices. (Also see Section 11.R. for restrictions applicable to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). Section 3. That Chapter 2, Section 11. Supplemental Regulations of the Land Development Regulations of the City of Boynton Beach is amended by adding the new Subsection “R”, “Certain Medical, Professional, and Business Offices and Clinics”, to read as follows: 351 of 366 R. CERTAIN MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS: 1. Purpose and Intent. These regulations are in connection with the mass effort to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and the impacts upon land uses that are associated with businesses that would operate principally to dispense pain medications for chronic pain but without the services of typical medical offices that provide thorough on-site examinations, medical treatments or procedures, and continued medical oversight. Such businesses have been determined to be associated with the excessive use of, addictions to, and subsequent illegal sales/distribution of addictive controlled substances. 2. Applicability. This section applies to all medical, professional and business offices and clinics. Such uses shall be subject to the following: a. On-site dispensing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes, is prohibited, unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition: 1. A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate only intended to treat the patient during that particular treatment session. 2. A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. 3. A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. 4. A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. 5. A health care practitioner when dispensing a one-time, 72- hour emergency resupply of controlled substance to a patient. 3. Enforcement a. Law enforcement officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this Section and may issue citations, arrest and arrest with warrant persons acting in violation of this Section. b. Law enforcement officers shall have the authority to seize, confiscate and impound any substance, or other article which, upon probable cause, they find to be used or possessed in violation of this Section. 352 of 366 c. The City may prosecute violations by issuance of Notices to Appear for violation of a CITY Ordinance, in which case, the penalty for a violation shall be as follows: 1.First violation - $100.00 2.Second violation within twelve (12) months of adjudication of first violation - $500.00 3.Third violation within eighteen (18) months of adjudication of first violation - $1000.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. d. A violation of this Section may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of Chapter 15, Article 8 of the City of Boynton Beach Code of Ordinances and/or Chapter 60, Florida Statutes, entitled Abatement of Nuisances. e. Any person convicted of violating any of the terms or provisions of this article or any code, requirements, or standards adopted hereby shall be subject to the penalties as provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In addition, the City may use any equitable or legal remedy available at law to enforce any violation of the terms or provisions of this Section. Section 4. Each and every other provision of the Land Development Regulations not specifically amended herein, shall remain in full force and effect as originally adopted. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. Authority is hereby given to codify this ordinance. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. 353 of 366 {REMAINDER INTENTIONALLY LEFT BLANK} 354 of 366 FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 355 of 366 ORDINANCE NO. 10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, BY ADDING A DEFINITION FOR “PHARMACY AND DRUG STORE” TO CHAPTER 1, ARTICLE II; BY AMENDING CHAPTER 2, SECTIONS 6.A.1.I AND 6.B.1.NN BY ADDING REFERENCES TO THE REQUIREMENTS OF NEW SUBSECTION 11.S; AND BY ADDING THE NEW SUBSECTION 11.S, “PHARMACIES AND DRUG STORES” AND CORRESPONDING REGULATIONS TO CHAPTER 2; TO PROVIDE FOR CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the “City Commission”) is authorized and required to protect the public health, safety and welfare of its citizens; and WHEREAS , the City Commission has the power and authority to enact regulations pertaining to land use and development within the City and for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS , at the Florida Board of Medicine (the “Board”) Meeting in December, 2008 at Tampa, Florida, the Board cited 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 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 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 Florida Legislature has attempted to deter such drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS , the City Commission has determined that a possible solution to curtail the fraudulent sales of Schedule II Controlled Substances as listed in Florida Statute §893.03 is to limit the percentage of Schedule II Controlled Substances sold in relation to the number of other prescriptions sold at each pharmacy in the City within a 30 day period to be determined by audits through by the Florida Department of Health; and WHEREAS , the City staff is recommending amendments to the Land Development Regulations limiting the percentage of such controlled substances in relation to other prescriptions sold at pharmacies and drug stores in the City of Boynton Beach; and WHEREAS , the City Commission has considered staff’s recommendations and reports and determines and finds that it would be appropriate to amend the Land Development Regulations to reflect these amendments; and 356 of 366 WHEREAS , the City Commission finds that the adoption of this ordinance is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 1, Article II. “Definitions” of the Land Development Regulations of the City of Boynton Beach is amended by adding the new terms and corresponding definitions to read as follows: PHARMACY AND& DRUG STORE – A “pharmacy” is an establishment primarily engaged in retailing a variety of prescription and nonprescription drugs and medicines, and medical and surgical supplies. A “drug storeDRUG STORE” would be an establishment that combines a “pharmacy” with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessment (e.g., vaccinations, minor examinations, etc.). See Chapter 2. Zoning, Section 11.S for specific regulations applicable to pharmacies or drugstores. Section 3. That Chapter 2, Section 6.A.1, item “i” is amended to include a reference to the new corresponding requirements within Section 11.S to read as follows: i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids (see Section 11.S for additional applicable standards). Section 4. That Chapter 2, Sections 6.B.1, item “nn” is amended to include a reference to the new corresponding requirements within Section 11.S to read as follows: nn. Drug Stores (see Section 11.S for additional applicable standards). Section 5. That Chapter 2, Section 11. Supplemental Regulations of the Land Development Regulations of the City of Boynton Beach is amended by adding the new Subsection “S”, “Pharmacies/Drug Stores” to read as follows: S. PHARMACIES AND DRUG STORES: 1.1. Purpose and Intent. See above under Section 11.R., MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS. 2. Applicability. This Section applies to all pharmacies and drug stores. Such uses shall be subject to the following: a. No more than 15% of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to FS Chapter 395 (e.g. hospital). 357 of 366 3. Enforcement. See above under Section 11.R., MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS. Section 6. Each and every other provision of the Land Development Regulations not herein specifically amended herein, shall remain in full force and effect as originally adopted. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. Authority is hereby given to codify this ordinance. Section 10. That this ordinance shall become effective immediately upon its passage on second and final reading. {REMAINDER INTENTIONALLY LEFT BLANK} 358 of 366 FIRST READING this ____ day of _______________, 2010. SECOND, FINAL READING AND PASSAGE this _____ day of _____________, 2010. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – Marlene Ross ______________________________ Commissioner – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner- Steven Holzman ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 359 of 366 360 of 366 14. A FUTURE AGENDA ITEMS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proposed Resolution No. R11- Approving and EQUESTED CTION BY ITY OMMISSION authorizing the execution of an Interlocal 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 - January 4, 2011. ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 361 of 366 14. B FUTURE AGENDA ITEMS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Police Complex -- Discussion of project timing, scope, EQUESTED CTION BY ITY OMMISSION location and funding alternatives available (TBA) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 362 of 366 14. C FUTURE AGENDA ITEMS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Noise Control Ordinance - First Reading - TABLED ON EQUESTED CTION BY ITY OMMISSION July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 363 of 366 14. D FUTURE AGENDA ITEMS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Live Entertainment Ordinance - First Reading - TABLED EQUESTED CTION BY ITY OMMISSION ON July 20, 2010 and August 3, 2010 - (TBD) ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 364 of 366 14. E FUTURE AGENDA ITEMS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint members to 7-member independent Community EQUESTED CTION BY ITY OMMISSION Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 01/18/11 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 365 of 366 14. F FUTURE AGENDA ITEMS November 3, 2010 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 3, 2010 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider recommendation of Advisory Committee for EQUESTED CTION BY ITY OMMISSION renaming of Jaycee Park - January 18, 2010 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 366 of 366