Agenda 01-17-12 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JANUARY 17, 2012
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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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).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
Closed-door session to be held at 6:00 p.m., January 17, 2012 regarding CLEAR
CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant
- Case No. 502011CA014815XXXXMB(AJ)
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Ross
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. Announcement of the Opening of the Congress Avenue Barrier Free Park on
Saturday, January 21, 2012
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
B. Appoint Vice-Chair for the Financial Advisory Committee
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.
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A. Approve the minutes from the Joint City Commission/Community Redevelopment
Agency Board Workshop held on November 19, 2011 and the regular City
Commission meeting held on January 3, 2012
PROPOSED RESOLUTION NO. R12-012
B. - Approve and authorize signing of an
Agreement for Water Service outside the City Limits with JMT Assets LLC for the
property at 1095 Ridge Rd, Lantana, FL.
C. Accept the written report to the Commission for purchases over $10,000 for the month
of December 2011.
D. Accept the first quarterly update regarding the Volen Center Shopper Hopper
program.
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R12-013
A. - (a) Approve the selection of NEC
Corporation of America responding to RFP #064-1510-11/JMA for THE REPAIR AND
MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS and (b)
Authorize the Interim City Manager to sign a three year Maintenance Agreement in the
amount of $36,465.60 per year for a total expenditure of $109,396.80 plus charges for
services outside of the Maintenance Agreement for potential moves, additions, or
changes to the telecommunications infrastructure.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Loc
al Planning Agency and City Commission.
None
10. CITY MANAGER’S REPORT
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
A. Discussion - City Commission delegation/travel to Sister City - Les Cayes, Haiti
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13. LEGAL
PROPOSED RESOLUTION NO. R12-014
A. - Approve (1) authorizing the issuance of
Series 2012 revenue bonds not to exceed the amount of $9,000,000 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 2012 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 2012 bonds to Piper Jaffray & Co., and
delegating the Mayor and City Manager to fix the final terms and conditions of the
2012 bonds and documents subject to certain parameters; (4) appointing Regions
Bank as the trustee, paying agent and registrar; requiring indemnification; and (5)
authorizing further acts on behalf of the City in connection with the 2012 bonds
14. FUTURE AGENDA ITEMS
A. Brand Promise Committee Report - 2/7/12
B. Arts Commission Annual Report- 2/7/12
C. Charter Review Committee Report - 2/7/12
D. Economic Development Program Update- 2/7/12
E. Climate Action Plan Quarterly Report for 3rd & 4th Qtr 2011 - 2/7/12
F. Update on City-owned property for sale- 3/6/12
G. Update on Unique Management Contract with the City of Boynton Beach Library -
3/6/12
H. Update on In-house Medical Clinic- 3/20/12
I. Revisions to restrictions for vehicle size in residential districts - TBD
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB
SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN
BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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:
Announcement of the Opening of the Congress Avenue
EQUESTED CTION BY ITY OMMISSION
Barrier Free Park on Saturday, January 21, 2012
ER:
The Recreation & Parks Department is proud to host the opening
XPLANATION OF EQUEST
ceremony for the Barrier Free Park, located at 3111 South Congress Avenue, on Saturday,
January 21, from 11:00 a.m. to 12:30 p.m. The park was designed so that as many barriers as
possible have been minimized or removed so that children of all ages and abilities will be able
to enjoy this beautiful and very unique facility. Following the ribbon cutting, fun activities and
games are being organized for those in attendance. Also included will be a wheelchair tennis
exhibition at the adjacent Tennis Center featuring some of the top players in the nation.
To help visualize the special nature of this facility, a short video will be shown that will feature
one of the play equipment units that children can enjoy when visiting the park.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not make the announcement.
LTERNATIVES
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5. A
ADMINISTRATIVE
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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
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5. B
ADMINISTRATIVE
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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 Vice-Chair for the Financial Advisory Committee
EQUESTED CTION BY ITY OMMISSION
As per Ordinance No. 10-009, Section 2-243(e)(ii), “the City
ER:
XPLANATION OF EQUEST
Commission shall vote to appoint a Chair, who shall preside over the meetings of the Financial
Advisory Committee, and also vote to appoint a Vice-Chair who shall serve in the absence of
the Chair.”
With the resignation of Michael Madelena, the Vice-Chair position became vacant. Therefore,
the appointment of a Vice-Chair would be appropriate at this time.
H?
In the absence of the Chair, the Vice
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Chair leads the Committee in carrying out their responsibilities.
FI:
None
ISCAL MPACT
A:
The alternative would be to not make the appointment, leaving the Committee
LTERNATIVES
to vote for an Acting Chair in the absence of the Chair.
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6. A
CONSENT AGENDA
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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 Joint City
EQUESTED CTION BY ITY OMMISSION
Commission/Community Redevelopment Agency Board Workshop held on November 19, 2011 and the
regular City Commission meeting held on January 3, 2012
The City Commission met at a Joint Workshop with the Community Redevelopment Agency
Board on November 19, 2011 and a regular City Commission meeting on January 3, 2012 and
minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that
minutes of all Commission meetings be prepared, approved and maintained in the records of
the City of Boynton Beach.
H?
A record of the actions taken by the City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. B
CONSENT AGENDA
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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. R12-012 - Approve and
EQUESTED CTION BY ITY OMMISSION
authorize signing of an Agreement for Water Service outside the City Limits with JMT Assets LLC for the
property at 1095 Ridge Rd, Lantana, FL.
ER:
Water service areas have been designated between the County
XPLANATION OF EQUEST
and local utilities. This was accomplished under agreement #85-757 and revised under City
Resolution #00-123, Palm Beach County Agreement R2000-1534.
The property covered by this Agreement is located in unincorporated Palm Beach County area
outside of the City limits in our water service area north of Miner Rd between N Seacrest Blvd
and Federal Highway.
The property historically receives water from a well and the owner now requests that we
provide potable water in the future.
H?
The City is Able to provide water to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
property resulting from water main improvements constructed by Palm Beach County. The
owner agrees to be responsible for all costs to provide service to the owner’s premises. No
additional construction is required by the City to serve this property.
FI:
Customers outside the City limits pay an additional 25% surcharge above the
ISCAL MPACT
water rates charged to customers within the City.
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A:
Deny request to provide service. If service is denied the Consumptive Use
LTERNATIVES
Permit could be subject to modification. The Utility Department is granted water allocation
under the South Florida Water Management District Consumptive Use Permit. The current
permit has limiting restriction #19 that states “The Permittee shall notify the District within 30
days of any change in service area boundary. If the Permittee will not serve a new demand
within the service area for which the annual allocation was calculated, the annual allocation
may then be subject to modification and reduction”.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF
AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY
LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND JMT ASSETS, LLC.;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the subject property is located outside of the City limits, but within our water and
sewer service area, located at 1095 Ridge Road, Lantana, Florida (PCN: 00-43-45-09-08-000-0370); and
WHEREAS
, the parcel covered by this agreement is located in unincorporated Palm Beach
County area outside of the City limits in our water service area north of Miner Road between North
Searcrest Boulevard and Federal Highway, which property receives water from a well and the owner
now requests that we provide potable water in the future; and
WHEREAS
, No additional construction will be required by the City to serve this property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby authorizes and directs the Interim City Manager to
execute a Water Service Agreement between the City of Boynton Beach, Florida andJMT Assets, LLC,
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 January, 2012.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
_______________________________
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Vice Mayor – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. C
CONSENT AGENDA
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of December 2011.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for July 2011:
Purchase Order Vendor Amount
120517 CH2M Hill $ 14,062.00
120518 Municipal Emergency Svc $ 15,186.96
H?
Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
FI:
This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
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these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A:
None
LTERNATIVES
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6. D
CONSENT AGENDA
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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 first quarterly update regarding the Volen
EQUESTED CTION BY ITY OMMISSION
Center Shopper Hopper program.
ER:
At the November 15, 2011 meeting, the City Commission
XPLANATION OF EQUEST
requested a quarterly report regarding ridership of the Volen Center Shopper Hopper program.
Attached is the ridership report from the Volen Center Shopper Hopper, as well as a ridership
report from the Boynton Beach Shopper Hopper for October, November and December of
2010, for comparison purposes. Since the transfer of the Shopper Hopper Program to the
Volen Center, ridership numbers have been steadily increasing; although still lower than
ridership totals from 2010.
Volen Center Shopper Hopper Ridership Totals (10/01/11-12/31/11)
October 578
November 663
December 729
Boynton Beach Shopper Hopper Ridership Totals (10/01/10-12/31/10)
October 1,409
November 1,477
December 1,518
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not accept the report.
LTERNATIVES
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Boynton Shopper Hopper Data
Passengers Passengers Senior Ctr. Senior Ctr. TOTAL
(AM) (PM) (AM) (PM)
October 2010 459 354 298 298 1,409
November 2010 500 354 311 312 1,477
December 2010 507 360 334 317 1,518
TOTAL 4,404
Passengers (AM) and (PM) refers to those riding the Shopper Hopper to locations other than the Senior
Center.
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7. A
BIDS AND PURCHASES OVER $100,000
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R12-013 - (a) Approve
EQUESTED CTION BY ITY OMMISSION
the selection of NEC Corporation of America responding to RFP #064-1510-11/JMA for THE REPAIR
AND MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS and (b) Authorize the
Interim City Manager to sign a three year Maintenance Agreement in the amount of $36,465.60 per year
for a total expenditure of $109,396.80 plus charges for services outside of the Maintenance Agreement
for potential moves, additions, or changes to the telecommunications infrastructure.
ER:
XPLANATION OF EQUEST
The City of Boynton Beach is seeking the services of a qualified vendor to provide full service
maintenance and repair for the City’s telephone and voicemail system. This equipment
includes: NEC SV8500 PBX; NEC 2400 IPX PBX; NEC 2000 IPS PBX; Univerge UM 8500
Voicemail; Repartee LX Voicemail; and ACD Global Navigator.
Procurement received and opened four (4) Proposals on September 8, 2011. All proposers
attended a mandatory Pre-Proposal Conference and Site Inspection on August 25, 2011 at
9:00 a.m.
Staff reviewed the proposals and it was determined that NEC Corporation of America was the
most responsive to the RFP. NEC Corporation of America received the highest score based
on the criteria of certification, qualifications, references and pricing.
Attached are the Criteria Sheet and the Score Sheet Tabulation.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Without this maintenance, the City has relied on a combination of in-house staff as well as
non-contracted external vendors (on a time and materials basis) to troubleshoot and repair our
phone systems. Not being on a maintenance plan has caused delays in acquiring service, as
contracted customers often get priority service over our non-contracted service requests.
Ultimately, major telephone and voicemail system component failures could cause periods of
phone service outage while waiting for repairs to be performed by less qualified in-house staff
members or for non-contracted service companies to respond to our requests.
FI:
ISCAL MPACT
This expenditure is funded in the FY 2011-12 I.T.S. Telephone Maintenance/Supplies Account
(#001-1510-513-46-23) in the amount of $42,000 for FY 2011-12. This Agreement will need to
be funded in the next two consecutive budget cycles. The Agreement provides for the City's
option to extend the term of the Agrrment for three (3) one-year periods
A:
LTERNATIVES
The alternative would be to forego the service maintenance and repair Agreement for the
City’s telephone and voicemail system and continue to pay for time and materials to repair the
City’s telephone and voicemail system, on an as needed basis. This could lead to extended
periods of downtime, preventing both internal and external customers from utilizing the phone
system.
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RESOLUTION NO. R12-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF RFP #064-1510-
11/JMA FOR THE REPAIR AND MAINTENANCE OF THE
TELEPHONE AND VOICEMAIL SYSTEMS WITH NEC
CORPORATION OF AMERICA; AND AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE A THREE (3)
YEAR MAINTENANCE AGREEMENT IN THE ANNUAL
AMOUNT OF $36,465.60; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
on September 8, 2011, Procurement Services received and opened four (4)
proposals to the RFP #064-1510-11/JMA for “The Repair and Maintenance of the Telephone and
Voicemail Systems”; and
WHEREAS,
staff reviewed the proposals and it was determined that NEC Corporation of
America was the most responsive to the RFP; and
WHEREAS
, upon recommendation of staff, the City Commission of the City of Boynton
Beach does hereby approve the award of RFP #064-1510-11/JMA to NEC Corporation of America
for the Repair and Maintenance of the Telephone and Voicemail Systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
the award of RFP #064-1510-11/JMA to NEC Corporation of America for the Repair and
Maintenance of the Telephone and Voicemail Systems in the annual amount of $36,465.60.
Section 3. That the Interim City Manager is hereby authorized and directed to execute a
three (3) year Maintenance Agreement between the City of Boynton Beach and NEC Corporation of
America, a copy of which is attached hereto.
Section 4. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this ______ day of January, 2012.
CITY OF BOYNTON BEACH
___________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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“DRAFT”
SUBJECT TO REVISIONS PRIOR TO SIGNING
VENDOR AGREEMENT FOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the
_____________________________
City”, and , hereinafter referred to as “the Vendor”, in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Maintenance and
PROJECT DESIGNATION. The Vendor is retained by the City to perform
Repair
services in connection with the PBX Telephone System and Voicemail System.
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit “A” attached
hereto and incorporated herein by reference, including the provision of all labor, materials,
equipment and supplies. No modifications will be made to the original scope of work without the
written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of
written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all
____
work product required pursuant to this agreement by calendar days from the date written
notice is given to proceed, unless an extension of such time is granted in writing by the City.
4. TERM: This Agreement shall be for a period of three (3) years commencing on the date the
Agreement is executed by the City. This Agreement may be renewed at the same terms,
conditions, and prices, for three one-year periods subject to vendor acceptance, satisfactory
performance, and determination that renewal will be in the best interest of the City.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to Vendor for
services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to
the City properly, provided that the total amount of payment to Vendor shall not exceed the total
contract price without express written modification of the Agreement signed by the City Manager or
his designee.
c. The Vendor may submit invoices to the City once per month during the progress of the contract
term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made
to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work under
this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to complete
the work.
f. The Vendor’s records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Vendor 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
Vendor shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Vendor’s endeavors.
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7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
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. Vendor 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 Vendor’s own employees, or damage to property occasioned by a
negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor 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 per occurrence to 2 million aggregate with defense costs in addition to limits.
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 Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the Vendor, 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 Vendor, 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 Vendor, 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 Vendor 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.
a. The City reserves the right to terminate this Agreement at any time by giving ten
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(10) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor 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 Vendor and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
17. 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
Notices to Vendor shall be sent to the following address:
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Vendor 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 Vendor.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
_________________________________ __________________________________
City Manager Vendor
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
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_________________________________ __________________________________
Office of the City Attorney Secretary
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RFP FOR THE REPA IR A ND MA INTENANCE
OF THE TELEPHONE AND VOICEMA IL SYSTEM
RFP NO. 064-1510-11/JMA
WEIGHTING SCORE SHEET TA BULA TION
NA OF EVALUA TOR: AV ERAGE
McNally, Northrop, R Rowe, T.SCORE
NA OF RESPONDER
1 ACS84.006500 80.0076.33
2 BlackBox Network Service 84.0060.00 57.0067.00
3 NEC Corporation of America92.009500 94.0093.67
4 Optus, Inc. 76.0060.00 78.0071.33
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12. A
NEW BUSINESS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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:
Discussion - City Commission delegation/travel to Sister
EQUESTED CTION BY ITY OMMISSION
City - Les Cayes, Haiti
ER:
On October 18, 2011 the City Commission approved entering into
XPLANATION OF EQUEST
a Sister Cities Agreement with Les Cayes, Haiti (agenda item and minutes excerpt and
agreement attached).
Also attached is an email from Ms. Jeanne Heavilin regarding an invitation from Les Cayes to
bring a Boynton Beach delegation to Haiti in February, 2012.
H?
Ms. Heavilin states in an email dated
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
1/11/12 that “the purpose of the trip is to see our new Sister City and engage in discussions
with officials and representatives of Les Cayes about the programs and exchanges that will be
of mutual benefit to both cities”.
FI:
For Fiscal Year 2011/2012 - $5,000 was budgeted in the City Commission
ISCAL MPACT
budget for business meetings/travel. To date approximately $2,600 has been committed to
other travel, leaving a balance of $2,400 in the account.
A:
TBD by City Commission discussion.
LTERNATIVES
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13. A
LEGAL
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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. R12-014 - Approve (1)
EQUESTED CTION BY ITY OMMISSION
authorizing the issuance of Series 2012 revenue bonds not to exceed the amount of $9,000,000 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 2012 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 2012 bonds to Piper Jaffray & Co., and
delegating the Mayor and City Manager to fix the final terms and conditions of the 2012 bonds and
documents subject to certain parameters; (4) appointing Regions Bank as the trustee, paying agent and
registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection
with the 2012 bonds
ER:
The Charter Schools of Boynton Beach, Inc. (CSBB) is asking the
XPLANATION OF EQUEST
City to facilitate the issuance of bonds. Assuming that the City Commission moves forward,
CSBB will have various documents prepared for review by our City Attorney and by our Bond
Counsel. At this time, the City Commission is conducting this Public Hearing regarding the
transaction and adopting a Resolution authorizing the bonds. Assuming such a Resolution is
adopted the bonds will be issued in 2012.
Issuance of the bonds and purchasing the building has no negative financial impact to the City
since
The building is currently tax exempt with CSBB as the lessee.
There is no potential City liability even if CSBB were to default.
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The CSBB provides K-10 education for over 700 children in Boynton Beach and surrounding
communities. It is organized as a 501(c) (3) non-profit corporation and is tax-exempt under IRS
regulations.
Purpose and Plan for the TransactionAs part of a plan to secure its long-term financial
goals, CSBB desires to purchase only the building it occupies at 1425 Gateway Blvd. The
transaction will involve the issuance of revenue bonds not to exceed $9,000,000. 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, bond issuance costs, and a Debt Service Reserve Fund to partially secure the
bonds.
Rationale for Transaction:At current interest rates, CSBB’s annual estimated payments
under the proposed financing will be approximately $540,000 per year. This number also
includes the retirement of other debt and the capital acquisitions. These lower payments will
reduce CSBB’s total costs by approximately $1.6 million over the remaining 8 years of the
current lease term alone. By purchasing the property now, CSBB will not only reduce its
present facilities cost, it will also fix those costs at a level that will not escalate. These savings
are significant. As these freed up funds become available for academic programs, CSBB’s
students will benefit.
Issuing and Repaying the Bonds:In order to finance the acquisition, CSBB engaged Piper
Jaffray & Co., a municipal bond underwriting firm to purchase and sell the bonds. Under the
Internal Revenue Code and under Florida law, it is possible for the City of Boynton Beach (but
not the Palm Beach County School District) to assist CSBB 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 CSBB to own its current facility for significantly
less than it is now paying to lease it. The long-term savings from such a transaction will permit
CSBB to apply more of its resources towards providing superior education to its students.
Piper Jaffray will serve as the underwriter, selling the bonds to investors. 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 $9,000,000 would then be loaned by the City to CSBB who would
use the major portion of the bond proceeds to purchase the facility at 1425 Gateway Blvd.
The City would assign its rights to be repaid by CSBB to a Trustee Bank (in this case, Regions
Bank) as security and source of repayment of the bonds. CSBB 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. The City of Boynton Beach will
not be held liable to repay the bonds even in the unlikely event of default by CSBB.
Economic Impact of CSBB: CSBB presently employs 85 people. These employees live,
work, purchase and pay taxes in Boynton Beach.
CSBB educates over 500 of Palm Beach County School District’s students with an allocation of
approximately $7,500 per student per year. In comparison, public schools receive a per pupil
allocation significantly greater than this amount from the District.
Current Leased Facilities:CSBB currently occupies all of the 27,964 square foot building at
1425 Gateway Blvd for grades K-4 and a portion of 1325 Gateway Blvd. for grades 5-10.
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CSBB will be expanding high school grade levels 11 and 12 into this leased facility. 1325
Gateway is not a part of the proposed purchase. In summary, the current tax status and
tenants of each address are:
1425 Gateway Blvd – (100% tax exempt)
1325 Gateway Blvd – ( 57% tax exempt)
H?
Not applicable.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CSBB will pay the City $10,000 plus the City’s Bond Counsel fees of $5,000
ISCAL MPACT
for our role in this transaction once closed.
No Potential Liability to the City:This requested transaction is at no cost or risk to the City.
Under Florida law, municipalities that participate in bond issues such as this are in no way
financially liable. The sole and complete responsibility for repayment of the bonds is upon the
beneficiary of the bond, in this case CSBB. Under no circumstance would CSBB, investors, or
other parties have recourse against the assets of the City even if CSBB 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 bonds.
1425 Gateway - No Property Tax / Fire Assessment Impact:Purchase of the property at
1425 Gateway Blvd by CSBB will have no impact on the taxable value of the property as it is
currently 100% exempt from City property taxes and fire assessments.
In a Public Hearing held on April 1, 2008, the City Commission unanimously passed a motion
to amend the approved uses for this building CSBB occupies in Quantum Park to include
“Charter Schools”. See the attached Staff Report dated February 29, 2008 and page 11 of the
City Commission minutes of April 1, 2008.
1425 Gateway Blvd is 100% occupied by CSBB and the property first received a property tax
exemption in 2009 per the attached report from the County Property Appraisers Office (PCN
08-43-45-17-07-000-0210) when CSBB was leasing the property. Purchasing the building will
not change the taxable status of the building.
Taxes and assessments have been levied as follows:
2008 - $55,763 ad valorem taxes and non ad valorem assessments
2009 - $15,540 non ad valorem assessments
2010 - $ 0 non ad valorem assessments
2011 - $14,225 non ad valorem assessments
However, the non ad valorem assessments exclude the City’s Fire Assessment. Per the City’s
Fire Assessment resolution, schools (as institutions) are exempt from the Fire Assessment as
follows:
(N) Institutional Property whose use is exempt from the valorem taxation under Florida law provided facilities and uses
to the ownership, occupants, membership as well as the public in general that otherwise might be requested or required to be
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provided by the City and such property uses serve a legitimate public purpose and provide a public benefit. Therefore, it is
fair and reasonable not to impose Fire Rescue Assessments upon such parcels of Institutional Property whose use is exempt
from ad valorem taxation under Florida law. Accordingly, pursuant to Section 2.14 of the Ordinance, no Fire Rescue
Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly exempt from the ad valorem
.
taxation under Florida law
Fire Rescue 3-Year Response to Schools and CSBB:For the last three (3) years there were
zero (0) fire calls, six (6) rescue / EMS calls, and two (2) false alarm calls to CSBB.
1325 Gateway - Not Involved in the Transaction:The property at 1325 Gateway Blvd (not
being purchased by the CSBB) is occupied by CSBB and partially exempt from City taxes and
the Fire Assessment. The property received a property tax exemption in 2009 per the attached
report from the County Property Appraisers Office (PCN 08-43-45-17-07-000-0180) when the
property was originally leased to Toussaint L’Ouverture High School. Taxes and assessments
are as follows:
2008 - $157,828 ad valorem taxes and non ad valorem assessments
2009 - $ 80,781 ad valorem taxes and non ad valorem assessments
2010 - $ 80,421 ad valorem taxes and non ad valorem assessments
2011 - $ 79,572 ad valorem taxes and non ad valorem assessments
Of the $79,572 taxable amount in 2011, $14,800 represents Boynton Beach property taxes
and $2,966 represents the Boynton Beach Fire Rescue Assessment.
A:
Not to have staff move forward with the requested transaction. CSBB will
LTERNATIVES
then be required to use alternative means to issue bonds to purchase the building.
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RESOLUTION NO. R12-___
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 2012, IN ONE
OR MORE SERIES AT ONE OR MORE TIMES IN THE AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $9,000,000.00 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 2012 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 2012
BONDS TO PIPER JAFFRAY & CO. AND DELEGATING THE MAYOR AND
CITY MANAGER TO FIX THE FINAL TERMS AND CONDITIONS OF THE
2012 BONDS AND DOCUMENTS SUBJECT TO CERTAIN PARAMETERS;
APPOINTING REGIONS BANK AS THE TRUSTEE, PAYING AGENT AND
REGISTRAR; REQUIRING INDEMNIFICATION; AUTHORIZING FURTHER
ACTS ON BEHALF OF THE CITY IN CONNECTION WITH THE 2012 BONDS;
PROVIDING FOR SEVERABILITY; DECLARING FLORIDA LAW AS THE
GOVERNING LAW IN CONNECTION WITHTHE ISSUANCE OF THE 2012
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
(a) The City is a municipal corporation duly organized and existing under the laws of the State 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;
(b) Charter Schools of Boynton Beach, Inc., a Florida not-for-profit corporation (the “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 1425 Gateway Boulevard, Boynton
st
Beach, Florida 33426 and 1325 Gateway Boulevard, 1 Floor, Boynton Beach, Florida 33426 (the
"Site") and improvements thereto (collectively, the "Project");
(c) The Company has requested the City to issue its City of Boynton Beach, Florida Revenue Bonds
(Charter Schools of Boynton Beach) Series 2012 (the “Bonds”) in one or more series at one or more
times in an aggregate principal amount not to exceed $9,000,000.00, issued pursuant to a Trust
Indenture (the “Indenture”) between the City and Regions Bank. (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 reimburse to the Company, Project costs; and (b)
pay certain expenses incurred in connection with the issuance of the Bonds;
(d) Due to the character of the Bonds, timing, size and complexity of the transactions related to 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.
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2. TEFRAH.
EARING
(a) At this Board meeting and as discussion in the consideration of this Resolution, the City held and
conducted a public hearing (the “TEFRA Hearing”). Notice of such hearing was published on January
2, 2012 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.
(b) The Project and the issuance of the Bonds in an aggregate principal amount not to exceed
$9,000,000.00 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
(a) The TEFRA Hearing and the results thereof with respect to the Project and the issuance of the Bonds
are hereby approved by the City for purposes of Section 147(f) of the Code.
(b) The City is hereby authorized to issue, execute and deliver to the Bond Trustee the Bonds in an
aggregate principal amount not to exceed $9,000,000.00, 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
(c) The Bonds shall be designated "CBB,FRB(C
ITY OF OYNTON EACH LORIDA EVENUE ONDS HARTER
SBB),S2012."
CHOOLS OF OYNTON EACH ERIES
(d) For the purposes of any limitation contained herein on the aggregate principal amount of 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.
(e) The Mayor, any Member of the Commission, the City Manager or the City Clerk (as 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.
(f) The Bonds and the premium, if any, and the interest thereon shall (a) not be deemed to 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 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”):
(a) The Indenture between the City and the Trustee (the “Indenture”).
(b) The Loan Agreement between the City and the Company (the “Loan Agreement”).
(c) The Bond Purchase Agreement (the “Bond Purchase Agreement”) among the Company, the City and
Piper Jaffray & Co., as underwriter (collectively, the “Underwriter”), in relation to the Bonds.
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(d) Such other instruments, certificates, opinions and other matters as the Authorized 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:
(a) The Underwriter’s discount on the Bonds shall not be more than (i) $20.00 per $1,000 of the 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 Bonds may be sold with an original issue
discount or at premiums as the Company and Underwriter may determine.
(b) The final maturity date on any of the Bonds shall not be later than December 1, 2042.
(c) The true interest cost on the Bonds shall not exceed 8.5% per annum.
(d) All or a portion of the Bonds may be subject to mandatory redemption and or mandatory and/or optional
purchase prior to maturity.
(e) All of the Bonds must be subject to optional redemption by June 1, 2022 at prices no greater than 101.5%
of par, plus accrued interest.
(f) The City shall have received a disclosure statement from the Underwriter, setting forth the information
required by Section 218.385, Florida Statute, as amended, and the Underwriter shall have complied with
Section 287.133, Florida Statute.
(g) The sale and issuance of the Bonds shall take place on or before December 31, 2012.
(h) Such other conditions as shall be deemed necessary by the Authorized Representative in consultation
with Tripp Scott, P.A. ("Bond Counsel").
6. BT.
OND RUSTEE
Regions Bank 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
(a) Further Acts. The Authorized Representative, employees, agents and persons otherwise acting 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.
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(b) Severability. In case any one or more of the provisions of this Resolution, of any Bond 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.
(c) Florida Law. The Bonds will be issued, this Resolution is adopted, and the Bond Documents 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.
(d) Definitions. Capitalized terms used but not defined herein have the meanings assigned to such terms in
the Indenture or the Master Trust Indenture, unless the context in which such terms are used require a
different meaning.
(e) Effective Date. This Resolution shall take effect immediately upon its adoption. This Resolution 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.
[SIGNATURE PAGE TO FOLLOW]
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PASSED AND ADOPTED this 17th day of January, 2012.
CITYOFBOYNTONBEACH,FLORIDA
______________________________
M–JR
AYOR OSE ODRIGUEZ
_______________________________
VM–WO
ICE AYOR ILLIAM RLOVE
_______________________________
C–MR
OMMISSIONER ARLENE OSS
________________________________
C–WL.H
OMMISSIONER OODROW AY
_______________________________
C–SH
OMMISSIONER TEVEN OLZMAN
ATTEST:
_____________________________
JM.P,CMC
ANET RAINITO
CC
ITY LERK
ATTEST:
(CS)
ORPORATE EAL
I hereby certify that I have approved the form and correctness of this Resolution.
CA
ITY TTORNEY
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14. A
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Brand Promise Committee Report - 2/7/12
EQUESTED CTION BY ITY OMMISSION
ER:
The Brand Promise Committee is charged with
XPLANATION OF EQUEST
the fulfillment of the next two steps of the City’s Branding Initiative, the Brand
Assessment* and development of the Brand Promise*. The Committee members will
jointly develop the Promise with recommended Action Steps. A final draft of
the Promise will be presented to the Boynton Beach City Commissioners for their
review/comments/approval at their February 7, 2012 meeting.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Arts Commission Annual Report- 2/7/12
EQUESTED CTION BY ITY OMMISSION
ER:
Art in Public Places program update will include a brief video that
XPLANATION OF EQUEST
will review all of the artwork that has been commissioned in the City from Oct. 2010 - Feb
2012. The back up will provide the listing of the projects, activities and the funds that have
been budgeted. It will demonstrate how much cultural, economic and branding impact this
program has contributed on an extremely limited budget.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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:
Charter Review Committee Report - 2/7/12
EQUESTED CTION BY ITY OMMISSION
ER:
The City Commission appointed Charter Review Committee will be
XPLANATION OF EQUEST
bringing before Commission their research findings and recommendations in a final report.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Economic Development Program Update- 2/7/12
EQUESTED CTION BY ITY OMMISSION
ER:
Update on progress of Economic Development Program
XPLANATION OF EQUEST
implementation.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. E
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
rdth
RACC:
Climate Action Plan Quarterly Report for 3 & 4 Qtr 2011
EQUESTED CTION BY ITY OMMISSION
- 2/7/12
ER:
Update on the Boynton Beach Climate Action Plan implementation
XPLANATION OF EQUEST
rdth
strategies for the 3 and 4 quarters for 2011. Also, at Commission request, including staff
recommendations for comment to the Southeast Florida Regional Climate Change Compact
Counties Draft Regional Climate Change Action Plan.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. F
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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:
Update on City-owned property for sale- 3/6/12
EQUESTED CTION BY ITY OMMISSION
ER:
Staff anticipates the land appraisals by mid-February. The
XPLANATION OF EQUEST
advertisement for bids will be due in late February.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. G
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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:
Update on Unique Management Contract with the City of
EQUESTED CTION BY ITY OMMISSION
Boynton Beach Library - 3/6/12
ER:
Library staff was asked by Commission to bring back a quarterly
XPLANATION OF EQUEST
update on the progress of recovering library materials and/or payment for lost or missing
materials through the contract with Unique Management.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. H
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 17, 2012
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:
Update on In-house Medical Clinic- 3/20/12
EQUESTED CTION BY ITY OMMISSION
ER:
Review research and feasibility of bringing into the city an In-house
XPLANATION OF EQUEST
Medical Clinic.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. I
FUTURE AGENDA ITEMS
January 17, 2012
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
January 2, 2012
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - TBD
ER:
Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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