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Agenda 09-06-00
The City of City Commission SEPTEMBER 6~ 2000 Gerald Broening Mayor At Large Ronald Weil and Vice Mayor District I Bruce Black Commissioner District 11 William A. Sherman Mayor Pro Tem District 111 Charlie Fisher Commission er District IV Kurt Bressner City Manager !11 DISTRICT i Visit our Web site www.ci.boynton~beach.fl.us WELCOME Thank you for attending the City Commission-Meeting, GENERAL RULES & PROCEDURES FOR'PUBLZC PARTZCTPAT ON AT C TY OF BOYNTON aEACH THE AGENDA:: or er of There Sl an official agenda for every meeting of the City Commissioners, which determines the d, business condUal:ed a~ the meetil~g The-City ~:ommisSie~ will net take ac~iOn upon any matte?~ .proposal, or ,..., ,i~d u~O. t~er ~, Uniess a majqri~ 9fthe ¢Ornmi~sioh has first ~item of bus[ness, wh[cl~ consented to the present~ti~-f~:consi~le~ati°n' ; ~' ' ,:.~," · i :,!'i~,., does not need to discuss individually wi[ discuss edlv dua y n t~ .order ~proval of the agenda item. This canbe byleither · ca!l vote. ThE the Commission at ti~eir meetings during Public HearingS~Publ:ic cry Qemm ssion me~,:ti~gs :are busineSs meetings, and as such, the Commission retains the right to limit discussion on an issa~ " tb the tab e b the. entry door to the Chambers. Please comp ere a Co~mmen y/-~. Comment cards are IQcated on Y - " ' s" orr on of the ~ . . - -~ ec Cerkatthe eft end of the da~s before the Ope.rang p_ . ~ th~ Public Card and give t to th ty . ~ .. . ........ ~ ~ .... ~ tation or an a~enoa item nas meeting. As a general prance, common[ carQs Will no[ D~ d~t.~p~u o~. F.~en ~ begun. · Public MoOrings: 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. Please use the yellow colored card for matters not listed on the agenda. The Mayor ca for s eake~s bY hame from the ye 0Wcards provided by the City Clerk. ~11 i p .!.. ;. ~ · item s listed on the agenda after · Regular Agenda z~m$: Any citizen rOay sp. eak on any offic.,.al agenda . .~ (). ...... ;~s li~ted on a rr~etion has been r~ade and property seconded. P ease use the green comree care ~or., ~c enda. The Ha or will ca for speakers by name from the green cards provided by the City Clerk. the ag Y ADDRESSING THECOMMZSSZON: When your name is ca led, Please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission Will be'barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Beach City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach. All r ular meetings are held Wpically on the first and third Tuesdays of everS~ Boulevard, Boynton .-. eg ..... : ~-~ ¢~,,1o - some meetinos have been moved due to Holidays/Election Day). September 6, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Pastor Dan Foster - Greater Grace Christian Fellowship C. Pledge:of Allegiance to the Flag led by Commissioner Chadie Fisher D. IFYOU WISHTO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE ~1' TO THE ClTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORI'ZON OF THEAGENDA HA~ BEEN cOMPLETED, · COME TO THEPODIUM*WHENTHE MAYOR CALLS YOUR NAME INDMDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E, Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date IV Black Children & Youth Advisory Board Alt Mayor 8roening Children & Youth Advisory Board Stu/Reg/Vofing I Weitand Children & Youth Advisory Beard Stu/Reg/NonVotJng Mayor Broening Bldg. Board of Adjustment & Appeals Alt 1 yrtermto4/0! ! yrtermto4/0! 1 yrtermto4/01 1 yrtermto4/01 GI Sherman Education Advisory Board Reg 2 yr term to 4(02 IV Fisher Education Advisory Board Att 1 yr term to 4/01 Mayor Broening Education Advisory Board Alt 1 yr term to 4/01 II Black Education Advisory Board Reg 2. yr term to 4/02 I Weiiand Nuisance Abatement Board Reg 2 yr term to 4/02 II Black Nuisance Abatement Board Alt i yr term to 4/01 Tabmd (2) III. ANNOUNCEMENTS & PRESENTATIONS: City of Boynton Beach Agenda Regular City Commission September 6, 2000 A. Announcements: City Commission Workshop Meeting regarding CIP Projects - Thursday, September 7, 2000 @ 6:30 p.m. in the Library Joint City Commission/Chamber of Commerce Workshop Meeting - Monday, September 11, 2000 @ 6:30 p.m. in the Library City Commission First Budget Public Hearing - Thursday, September 14, 2000 @ 6:30 p.m. in Commission Chambers TNT Concert at Oceanfront Park - Friday, September 15, 2000 from 6:00 p.m. to 9:00 p.m. -"Fee in' Lucky" (Country) Special City Commission Meeting to adopt budget - Wednesday, September 20, 2000 @ 6:30 p.m. in Commission Chambers B. Presentations: 1. Proclamations: a. "Literacy Awareness Month" - September 2000 b. "Election Day" - November 7, 2000 Presentation of Preliminary Report on a new teen center by the Advisory Board on Children & Youth o Department of Development Orientation PowerPoint Presentation Quintus Greene ~V, CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the Oty 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, Minutes: 2. 3. 4. City Commission Budget Special Meeting - August 2, 2000 City Commission Budget Special Meeting - August 3, 2000 Special City Commission Goal Setting Workshop - August 14., 2000 Regular City Commission Meeting - August 15, 2000 2 City of Boynton Beach Agenda Regular City Commission September 6, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Approve the piggyback of the U.S. COMMUNTi'[ES, GOVERNMENT PURCHASING ALLIANCE CONTRACT #RQ00-341360-16C to Micron Electronics, Inc. for a purchase of computers in the amount of $25,446 Approve Data Flow Systems, Inc. for the purchase of radio telemetry system equipment for Fiscal Year 2000/2001 with estimated expenditure of $135,000 Award the bid for "SUPPLY AND INSTALLATION OF ALUMINUM FENCE AT BOYN,TON MEMORIAL PARK" BID #073-2730-00/C.1D tO Lawrence Fence Corporation of Davie, Florida in the amount of $62,563 '(,~ROJ~OSED RE$OLO?'a'ON NO. RO0- ) Award the bid for "TWO YEAR CONTRACT FOR DIESEL/PROPANE (2) GENERATORS MAINTENANCE/PARTS AND REPAIRS" BID #080-2822- 00/CID to Advance Generator Sales & Service, Inc. of Royal Palm Beach, Flodda with an estimated annual expenditure of $70,000 Resolutions: Proposed Resolution No. R00- Re: Authorizing and directing staff to apply for a grant from NFL Community Football Fields Program in the amount of $90,000 to build a press box at Ezell Hester Community Center Proposed Resolution No. R00- Re: Authorizing the Mayor and City Qerk to execute a franchise agreement between the City of Boynton Beach and FPL Fibemet LLC Proposed Resolution No. R00-99 Re: Tnterlocal Ac~reement establishing water and wastewater service area poundades .~UL Y$, 2000)(September 6, 2000.) (RECOMMEND REMOVAL FROM AGENDA.) Proposed Resolution No. R00- Re: Authorize negotiations with consulting engineers - Utility Capital Improvement projects Ratification of Planning & Development Board Action: Odana Granite (Lot 50A) - Lot 50 A Quantum Park - Request for relief from Chapter 2~Zoning, Section 7.H.3 requiting a minimum driveway separation of 150 feet to allow a six (6) foot variance or a 144' driveway separation in a Planned Industrial District (P[D) City of Boynton Beach Agenda Regular City Commission September 6, 2000 Vw Harbor Estates (Lot 38) - South Road - Request relief from Chapter 2, Zoning, Section 5.C.2.a., requiring a minimum rear setback of 25' to allow a 15' variance or a 10' rear setback within the R-l-AA zoning district Lawrence Oaks PUD (DeStefanol Screen and Pool Setbacks - West side of Lawrence Road, north of Miner Road - Request for master plan modification to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and pool setbacks from five (5) feet to one Cl) foot ~or those lots.fronting lake, buffer and preserve areas within the Lawrence Oaks PUD Mark Daly - East Railroad Avenue, South of SE 8t" Avenue - Proposed Vacation of r ght-of-way - Request for Postponement Approve the emergency purchase and installation of fiber optic, data and voice transmission lines from the Public Works Complex to the Prime Tower site as part of the multi-agency Motorola radio system Approve the expenditure for network upgrades and issue a purchase order to Presidio Corporation in the amount of $30,567 G. Approve funds for Housing Rehabilitation Case #2-99-006, Willie Mae & Uganda Allen, residing at 147 NW 13th Avenue, in the amount of $20,624 Approve funds for Housing Rehabilitation Case #2-99-021, Mariano and San .luanita Avila, residing at 2851 North Seacrast Boulevard, in the amount of $11,154 Approve Change Order #8 for the o/'r BUILDING RENOVATION PRO]ECT at 124 East Woolbdght Road in the credit amount of $25,762 Authorize the City Manager to negotiate a contract with Wallace, Roberts & Todd LLC to provide master plan revisions, construction documents, permitting and construction administrative services for Boat Club Park Improvements CZTY MANAGER'S REPORT: Health Insurance Renewal for 2000/2001 pending discussion with bargaining unit representatives (t~ROPOSED RESOLU1XON NO. RO0- )(TABLED ON AUGUST ~K$) Authorize the Mayor to execute the Interlocal Agreement with Palm Beach County and the School District to commence the School Concurrency Process (Propo.~d Rm~oluUon No, RO0- ) 4 City of Boynton Beach Agenda Regular City Commission September 6, 2000 C. Approve funding in the amount of $231,000 for four projects from the NeighborhoOd Capital Improvement FunC PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LZMTrED TO 3-MZNUTE PRESENTATZONS VZZ. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREA~-E eR AS THE AGENDA PERM]TS A. Project: Mark Daly APPI.]CANT REQUESTED POSTPONEMENT TO THE SEFTEMBER 12, 2000 PLANNING & DEVELOPMENT BOARD MEETZNG TO RESOLVE UTILITY DEPARTMENT ZSSUES.) Agent: Burl Gentry Gentry Engineering & Surveying, Owner: Mark Daly Location: East Railroad Avenue, south of SE 8m Avenue Description: Request relief from Chapter 2, Zoning, Section 6,C., requiring a minimum lot frontage of 75' to allow a 45' variance or a minimum lot front of 30' within the C-3 zoning district VIII. FUTURE AGENDA TrEMS: Agreement between Palm Beach County, the City of Boynton Beach and the Boynton Cultural Centre, Inc. for purchase and construction of the 1913 Children's Museum [ntera~ve Ecosystem Indoor Exhibit (September 19, 2000) Approval of updated Ubrary Long-Range Plan for 2000-2003 (September 19, 2000) C. Proposed revision to Landscape Standards (September !9, 2000) D. Proposed Advertisement for [nternet Coast (September :[9, 2000) E. Report on Proposed Criteria regarding CRA Membership (October 4, 2000) F. Proposed Code Amendment for freestanding signs (October 4, 2000) Review policy for cemetery late arrival fee and space requirements (October 4, 2000) H. Future Annexation Areas (OCtober 4, 2000) 5 C~ty o~ Boynton Be~ch Agenda Regular City Commission September 6, 2000 I. Review of Proposed Traffic-calming Device Procedure (October 4, 2000) .1. Street Naming Policy (October 4, 2000) K. Proposed Policy for Community Activity Grants ~~-~/'~ L. Proposed Expansion of CRA Boundaries M. Proposed revisions to Chapter 26 DEVELOPMENT PLANS: NEW BUS~NESS: Authorizing the sale of a certain portion of the City's utility service area (generally known as Biltmore Terrace) to Palm Beach County Utilities, and to establish a new service area boundary between the City and the County based upon that sale (September 6, 2000) ('PROI~OSE'D RE$O~I. I12'ONNO, RO0- ) Discussion regarding amendment to Chapter 2, Section 6.E.1 changing the definition of nightclub (September 6, 2000) Approve the Special Event Permit request for Cole/quinn wedding and reception at Oceanfront Park on November 4, 2000 Recommendation from Community Relations Board on proposed re-naming of a portion of Martin Luther King, ,~r. Boulevard LEGAL: A. Ordinances - 2"* Reading - PUBLZC HEARING Proposed Ordinance No. 000-45 Re: Amending Land Development Regulations, Chapter 20, Article T:[. Electrical Code, by adopting the 1999 National Electrical Code and the Boynton Beach amendments thereto Proposed Ordinance No. 000-46 Re: Amending Chapter :L6, Article l! City Parks ane Beaches, by amending Section 16-82, Policy No. 1 and No. 3; increasing annual beach parking permits and related fees and clarifying issuance policy City of Boynton Beach Agenda Regular City Commissio; September 6, 2000 Ordinances- 1~ Reading Proposed Ordinance No. O00- Re: Amending Chapter 2, Section 16.B.g., Bed and Breakfast, to allow existing kitchenettes to remain ~n any residential unit within a bed and breakfast establishment upon their conversions to such establishment Resolutions: D. Other: Proposed Resolution No. R00- Re: Authorizing the issuance of a note of the City in the prindpal amount of not exceeding $5,200,000 to refinance the City's General Obligation Refunding Bonds, Series, 1992 X!-~. UNFTNZSHED BUSTNESS: X~'I. OTHER: X/V. AD3OURNHENT: NOTZCE (F;S, 286.0105) CONTACT )OYCE Cos're. LO, (561) 742-6013 Al' LEAST TWENTY-FOUR HOURS PR[OR TO THE PROGRAM OR ACTiVITf [N ORDER FOR THE FINAL AGENDA - 09/01/2000 4:42 PM JMP Requested City Commission Meetine Dates [] su~y 18,2000 [] August 1,2000 [] August 15, 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in m City Clerk's Offic~ July 6, 2000 (5:00p.m.) July 19, 2000 (5:00 p.m.) Angust 2, 2000 (5:00 pan.) Augx~st 16, 2000 (5:00 p.m.) Requested City Commission Meet~nu Dams [] September 19, 2000 [] October 4, 2000 [] Oetolxx 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in to Cit'v Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October I8. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public FIearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends that the City Commission adopt the resolution authorizing renewal of group insurance coverages with Blue Cross/Blue Shield of Florida for health insurance on a triple option basis including large claims stop-loss coverage, Metlife for dental insurance and Cigna for group life and group long term disability insurances. EXPLANATION: Scheduled for the City Commission meeting of September 6, 2000 is a proposed renewal of the health insurance package for city employees. Attached please fred a summary sheet which details the proposed ~newal and plan modifications, The package has been discussed with employees and representatives of the city's bargaining un/ts. PROGRAM IMPACT: FISCAL IMPACT: $543,411 overall increase in health (including stop-loss coverage), dental, life, and LTD insurance premiums paid by the city for employees. ALTERNATIVES: Further adjust benefits for employees. Department Head's Signature C~ty Manager's Stgnamre Department Name S:~BLff~LETiNx, FORMSkA. GENDA ['rEM REQUEST FORM.DOC City Attorney / Finance / I-hwnan Resources To continue the present program "as is" and disregard tdple option HMO and High-Option ($I00 deduc§ble, 90% co-insurance) City Cost Total Premium $2,439,744 $3,846,291 (23% increase) City's cost Total . Premium (Including employee share) A. Cost in % and $$ for renewal as is 23% $3,846,291 $2,439,744 B. B. Cost in % and $$ for tdple option 19% Numbers based on assumed enrollments $2,360,406 $ 3,807,685 C. C. Cost of current program $t ,983,549 $3,127,073 D. D. Cost of each % point of increase 19% $2,360,406 20% $2,380,241 $19,835 21% $2,400,076 $19,835 22% $2,419,911 $19,835 23% $2,439,745 $19,835 NOTE: The City's cost for Health, Dental, Life and LTD taken together is a 19.5% increase. Dental + 2.8% $5,572 Life - 4.3% ($2,024) LTD - 4.5% ($4,522) NOTE: To add $125,000 Ste p-Loss Coverage to present program, would increase the City's cost by $169,237, NOTE: To add $125,000 Stop-Loss Coverage to Triple Option, would increase the City's cost by $167,528. RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING RENEWAL OF GROUP INSURANCE COVERAGES WITH BLUE CROSSJBLUE SHIELD OF FLORiDA~HEALTH OPTIONS FOR HEALTH INSURANCE, METLIFE FOR DENTAL INSURANCE AND CIGNA FOR GROUP UFE AND GROUP LONG- TERM DISABILITY INSURANCES: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of this City to authorize the renewal of group insurance coverages with Blue Cross/Blue Shield of florida-Health Options for Health Insurance, Metlife for Dental Insurance and CIGNA for Group Ute and Group Long-Term Disability Insurances: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the renewal of group insurance coverages with Blue Cross/Blue Shield of Florida-Health Options for Health insurance, Metlife for Dental Insurance and CIGNA for Group life (3nd Group Long-Term Disability Insurances. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED thi§ day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) HEALTH INSURANCE RENEWAL - 2000-2001 Health Insurance Plans Offered The City offers each fuji-time employee a choice between two health insurance plans from Blue Cross/Blue Shield of Florida. Regardless of whether the employee selects the health maintenance organization plan (HMO) or the preferred provider option plan (PPO), the City pays the full premium for the employee and the' empioye~ pays the full p~-=tr~ium for any dependents. Background Current Status Proposed Change for 2000-2001 What is a Triple Option Plan? Through the years, vadous elements, have impacted the health insurance plans and premium rates: · Based on the number of employees covered'end the length of time wilt the insurer, our rates are based solely on our own claims experience (frequency and cost of plan usage). · In the last.f'~e. Years~ enrollment in the HMO has increased from lass than °tm-third to mere than one-half the total enrollment. · .From.the tirnethe :HMO was introduced, the HMO and .the PPO rates na~e been averaged rather than having the rate for each plan based on its own claims experience. · ~Affer .thra. e.~years ~ .ex~c?flent expahence a~.~d decmaead premiums, we .nave.naa three yearS of poor experience with corresponding premium increases · Analysis of plan experience shows that the PPO has .significantly greater usage than the HMo, The result is that the HMO participants ha~/~, in fact, been subsidizing the PPO participants. We believe we must now consider how to adjust the premium inequity end have the rates more accurately reflect the actual usage. Mindful of the impact any changes to our present method of heelth care coverage would have on employees, we challenged our consultants to help us find ways t.hat would cause the least disruption and still afford employees a range of options that woUld best suit their needs. The result of many discussions, reseamh and meetings is a triple option plan. The triple option plan provides for the current HMO with some enhancements end two PPO plans. The PPO plans include the PPO we now have and a second PPO that offers slightly lower benefits. If they chose to remain in the present plan, employees will have to contribute toward the cost of their own coverage, which they now do not do, in addition to increases in dependent coverage, above what HMO and the new mid-option PPO enrollees will pay If they elect the alternative mid-option PPO, their own premium will continue to be paid in full by the City while the cost of dependent coverage will still be the same as the HMO enrollees pay. The difference in the two PPO plans lies in the level of coverage in two key areas. HEALTH INSURANCE 2000-2001 To Our Valued Employees: .For many years the City has offered each full,time employee a choice between two health insurance plans from Blue Cross/Blue Shield of Florida. Blue Cross has been the City's health insurance provider for more than twenty years. With the two plans, regardless of whether you selected the health maintenance organization plan (HMO) or the pre{erred provider option plan (PPO), the City paid the full prer~um for your coverage and YOu ~d the full premium for any dependents. We ara now faced with the third consecutive year requiring a significant premium increase based on Our plan experience. It comes as no surprise to anyone that health care costs are increasing ever/where. The newspapers and other media have stories every day about the rising.cost of pr~scdption drugs, hospitalization and physicians, not to mention tl:~ failures of many h0spitals, insurance plans and medical practices. We have spent a great deal of time.considering how to address the issue of this spiraling cost. We bel~.e~v_~ we ha~/e fou~ a way to maintain a choice of quality health nsurance plans and begin 'to 'get a handle on healtl'~ plan premium increases. We are confident that by werking together, we can begin to slow these premium increases while maintaining quality health care for all. Arthur L Lee Director, Human Resources 7/08/00 Alternate Levets of Coverage HMO Benef'~ Duration of Triple Option BENEFIT Calendar Year Deductible Participating Provider Co- insurance CURRENT PPO PLAN $100 per person $300 per family 90% in PPO network 70% in Traditional network $1000 out-of-pocket cap on covered expenses (after deductible) $1,000,000 maximum 70% reimbumement for pres~pfions PROPOSED ALTERNATE PPO PLAN $300 per person $900 per persem~A~ 80% in PPO network 70% in Traditional network $1000 out-of-pocket cap on cover-ed expenses $after deductible) 1,000,00o maximum 70% reimbursement for prescdptions No lifetime ma~'mum No deductible $5.00 co-payment for any do~or visit $5.00/$10.00 co-payment for Proscriptions New this year:, pmscriptiens b~ mall Blue Cross/Blue Shield has agreed to provide a triple option for two years. At the end of the two years, we would in all likel~ond revert to an HMO plan and a single PPO plan. Why do we need two PPO's? In analyzing the experience (usage) of our plans over the past 3 years, we have found a significant increase in paid claims of the current high-option PPO plan. Adding a mid:option plan will help offset the dsing PPO claims expenses. What's the difference between a high-option plan and a mid-option plan? Generally speaking a high-option plan has a very Iow annual deductible end a high-percent co- Insurance. Our current PPC, for example, has a $tO0:deductible end a 90% co-insurance for benetw°rkso expensivePhysicianS'to coverln t0day's ecol~on~y,claims, this level of plan is rare because the premiums have to A mid-option plan has a slightly higher deductible and lower co- nsurence For exam le deductible and 80%Co-ins~. i '~ .... - ........ ' .. . p ' $300 today. Th s i.~ ,,,u~...Ju~ ~ornmon In agencies ant Duslnessas There are also plans available that have even higher deductibles ($500 - $1000) and lower co- insurence (less than 80%). What are other cities doing? As you might imagine, other cities have a variety of different health plans. Some cities offer only one plan - everyone has to be in the same one. Others have deductibles ranging from $150 to $300 with various out-of-pocket totals up to $2000, Have the unions been updated on this information? Yes. Union representatives were involved in explanatory meetings. Why didn't we go out to btd with other companies? We have enjoyed great stability with Blue Cross and for many years have had excellent customer service end few employee complaints. In addition, because of their size end market share, Blue Cross PPO/Heaith Options offers a higher negotiated fee discount with physicians, hospitals and other medical care providers than other carriers. Fewer or lower discounts would mean higher premiums since our premiums are based on our own claims expenance. A detailed survey of other government entities shows that the value of our plan is very favorable in comparison with the others. Recognizing the value of what Blue Cross provides us and considering the experiences of other agencies that have chenged health plans frequently, we decided not to go to bid. What does actual experience mean? The premiums for the plans are based on Boynton Beach employees (and dependents) use of the plans. When an organization has a large number of employees anc~ has been with a carrier for several years, the premium is calculated based on that group's actual usa(3e. Our results might be better or worse than other cities, counties, private companies, local ~r nationwide. I heard that we have blended rates? What does that mean? From the time Blue Cross/Blue Shield first offered both the PPO and the HMO options, the premium rates have been "blanded". This means that the insurance company cal,culated the premium by looking, at the results of the HMO and the results of the PPO sepa,r, ately. After determining the ~ra~ increase for each plan, the rates were combined (blended) and that blended ra~e ~ USed regardless of w~iChplan was selected. 'J~is bl~nded rate was origina ly developed so that people cou d choose the plan that was best for their needs without co~t being a primary factor. How do the two PPO plans being offered compare? They have the same out-of-pocket maximum, use the same network of physicians, and have the same prescription program. The differences are in the annual deductible and the co-insurance pemantage. High-Option PPO Mid-Option PPO Annual Out-of, Pocket $1000, on covered expenses, $1000, on covered expenses, Maximum after deductible, after dedu~ble. Pre~c~;~[ ons 70% reimbursed, no formulary 70% reimbursed, no formulary list list Calendar Year Deductible $100 per person $300 per person $300 per family $900 per family Deductible amounts satisfied Deductible amounts satisfied for dates of sen/ice in the last for dates of service in the last calendar quarter of the year calendar quarter of the year will also count toward the next will also count toward the next calendar year's deductible, calendar year's deductible. Co-insurance 90% in PPO network 80% in PPO network 70% out of network 70% out of network Are there any changes in the HMO? The HMO will now have a mall-order prescription drag benefit anti physical therapy is extended from 60 calendar days to 60 visits per condition. Benefits Highlights of the HMO: Primary Physician co,pay $5.00 Specialist co-pay $5.00 Prescription co-pay $5.00/generic; $10.00/name brand (paid at pharmacy) Annual adult physical covered No referrals required for OB/Gyn, Chiropractor, Podiatrist or lSZ 5 visits to Dermatologist Will we continue with three options from now on? The insurance company has agreed to provide three options for two years. Because of the unpredictability of the health cars market, we cannot say with certainty at this time what will happen at the end of the two-year period. More than likely, after two years, the choice would, be between the HMO and the mid-option PPO. The City has always paid .my personal premium. Is that changing? The City will-continue to pay each eligible employee's premium forthe HMO and for the Mid- Option [=PO. If you deckle t'hat you Want the ~igh opti(~n pPO, you will contribute a smalt amount toward your premium; What are the new bi-weekly premium deductions for 2000-20017 HMO I Mid-OptiOn PPO High-Opt on PPO Sin,qle Spouse only 0 0 11.70 125.86 t 125.86 150.15 Child(ren) only 108.55 t 108.55 131.10 Faro ly 64.94 I 164 94 193.13 1 Why is the premium for the mid-option PPO the same as for the HMO? To encourage employees who prefer a PPO type plan to consider and accept the mid- option/more cost-effective plan. When do ! have to decide which plan is for me? Each year dudng an Open Enrollment period you have the option of selecting between the plans offered. This year's Open Enrollment will be Maybe next year will be better. Why don't we just wait and see? Hopefully it will be. Maybe people won't be a sick or have as many accidents. However, it has been three years since we had a year where the usage was down enough to see a (~crease in the premiums. Since it isn't likely, wa must be realistic and consider what cost containment features will help hold the costs down for everyone as much as possible over the long term. CITY OF BOYNTON BEACH Negotiated And Revised 10/1/2000 Group Insurance Renewal Offers Revised Employer's Premium Cost As Of Thursday, August 31-~ Negotiated I 0Il ~2000 Group Renewal Dollar Benefit Offers Chan.qe Medical $1,983,549 $2,360,406 $376,857 Medical Stop-Loss $ 0 $ 167,528 $167,528 Dental $ 199,014 $ 204,586 $ 5,572 Ufe $ 46,552 $ 44,528 ($ 2,024) LTD $ 99,478 $ 94,956 ($ 4,522) Total $2,328,593 $2,872,004 $543,411 Current Premiums Note: The 10/1/2000 medical renewal is for a triple option benefit plan including individual large claim stop-loss coverage (pooling) at a $125,000 level. Note: For explanation of medical stop-loss coverage (pooling), please see attached page. Note: All dental, life, and LTD benefits remain the same. CITY OF BOYNTON BEACH Individual Large Claim Stop-Loss Coverage (Pooling Point) Analysis Implementing and paying premium in advance for individual stop-loss coverage (pooling point) in next year's renewal calculation is an.excellent Concept that would eliminate the dramatic negative effect of one or more extramely large claims on the renewal rating result. For example: If The City implemented a $125,000 pooling point at a premium cost of $167,528 and subsequently :incurred a sing{e large PPO claim of $500,000, then $375,000 of that claim would be eliminated from ~e beginning cia ms basis in the renewal calculation. Without the $125,000 pooling point, the $375,000 would have had the effeCt of increasing the premium by $592,661. After subtracting the $167,528 premium paid.for the pooling point from $592,661, the net savings to The City in ne~t year's 2Q01 renewal would be $425,~33 or 1;1.2% (illustrated in example #1). Example Annual Annual Net Net PPO Pooling Pooling Pooling Gross Pooling Pooling Claim Annual Point Cost In % Cost In $ Pooling Benefit Benefit Amount Premium Level 2000-01 2000-01 Benefit In $ In % #1 $500,000 $3,807,685 $125,000 4.4% $167,528 $592,661 $425,133 11.2% HMO_ Employee Only Employee/Spouse Employee/Child(mn) Family Annual HMO Premium Employee Only Employee/Spouse EmployeelChlldiren) Family Annual PPg Premium pP,o Employee Only EmployeelSpouse Employee/Child(mn) Family Currant Plan Current Rates No Pooling DUAI~ OPTION FI~O I $213,01 $442.17 $410.65 $513,.31 $1,673,866 PPg 10 BLENDED $213,D! $442.17 $410.65 $513.31 $1,453,468 Renewal Renewal No Pooling WI~ Pooling TRIPLE OPTION TRIPLE OPTION HMO 1 HMO 1 $253.48 $270.04 $528.18 $542.74 $488.67 $,505.23 $610,84 $627,41 $1,991,582 $2,083.997 $253.48 $270.04 $526.18 $542.74 $488.87 $505.23 $6t0.84 $627,41 $864,810 $902,374 PPO. I~..:~ $278.83 $295.39 $678.80 $595.37 $537.54 $554.09 $671.92 $688.49 % INCREASE Underwriting assumptions for~elri leo ,Ii n::l n: CITY OF BOYNTON BEACH: PAYROLL DEDUCTIONS WITH POOLING (~_ $125,00 HMO Employee Only Employee/Spouse EmployeelChild(ren) Family PPO Employee Only Emi)loyeo/Spouse Employee/Child(ran) Family PPO Employee Only Emptoyee/$1muse Employee/Child(mn) Family Current Plan Current Rates No Pooling DUAL OPTION HMO 1 $ o $105.77 $ 91.22 $138.60 PPO 10 $ 0 $105.77 $ 91.22 $138.60 Reoewal No Pooling TRIPLE OPTION HMO t 8108.,55 $164.94 Renewal With Pooli~tg TRIPLE OPTION HMO1 ~ 0 125,86 $108,5,5 $164,94 $ O $ 0 $125.86 $125,86 $t64.94 $164.94 $ 11.70 $ 1L70 $150.15 $150,15 $131.1D $131.1D $193.13 $193.13 1. Employee-only coverage in the HMO and POS 32 will be non-contributor),. Employee-only ooverage in the POS 10 and dependent Ooverage 2. Plan will revert to no more Ihan two plan options within no more Ihan two renewal cycles. 3. Assumes ~ the PPO enrollment wiII take POS 32 and V; Ihs POS 10. WHEREA$~ aduit i~iteracy cests s~cjety an estimate~ $225 bi~l~n a year in a ~st m~usthaJ pmduc"Jvity~ unrealizerJ tax revenues, welfare, crime pOverty~ and related social i~ls; and and WHEREAs, h Palm Beach County it is astimated that as many as 22% of the adults func~n at ~he lowest le~,el of literacy; WHEREAs, The Palm Beach County Literacy CoalifJon services to promote the [eamthg of basic reading, writing and English to engage in programs to further literacy within our County; and WHEREAs, businesses are invited te-begin workplace literacy Programs at their business site; ann WHEREAS, hundreds of volunteers are needed to become literacy tutors with adults an{] children; anc/ WHEREAs' elementary school chJldran and, staff all over palm~ Seach Coun wll IDay on September 8a weadng READ WITH ME s~Ckere; an~ ty ' be celebrating International Lkeracy WHEREAS, many businesses Will be compe~g in the Coalition's 'Great Grown-Up Spelling Bee" on Septer~ber 23~ to .'a/se literacy awareness; and WHEREAS, The Literacy Coalition is asking each individual in Palm by thit~ating or renewing the reading habit; and Beach County to 'Cetebmte Reading- in September NOW, THEREFORE, BE IT RESOLVED that I, Gerald 8roening, by virtue of the authority vested in me as Mayor of the City of Beynton Beach, Findda, do hereby proclaim the month of September as "LZTERACY AWARENESS MONTH" n the City of Beynton Beach and urge all citizens interested in acquinng sen,ices or infermatJon regarding literacy to contact The Palm Beach County literacy Coalition. IN WITNESS WHEREOF, I have hereunto set my hand and causal the Seal of the City of Boynten Beach, a~xed at Benton Beach, Florida, this 6~ :lay of September in the Year 2000. FIOdda, to be ATTEST: City C~ -- Gerald Bmening, ~ City of Beyntee Beach mMEDIAc¥ iii-ANNOUNCEMENTS & PRESENTATIONS ITEM B.l.a. lilly 8. 2000 Dear Mayor. - ~,md we are askiog each local September is l~eracy Awareness Month ,. '~ month. ,mmiciiml~t~:tv ~,,~ r, - ~2 .... h ** the ueteDnrv · September will De Itm ox -,,~- y: -- a 0.1.,^ "C, real C~rowi~- pmgraminhon0~ox: -'i~~. , :~:~, ".- i-- an extensive pu~nc ;¢ -%-' ~-'~i~-;,B&&;gn~e~u~ ~,~ Septdmber 25. lnere ~ -~_ iinblic to refer adult to literacy studerits tO rd~ie, Latera~t. vokmteer as rotors. , :' ' ~' ' ness campmgn celebrated in yottr communi~ will · ethisaware ' , i asam le We believ Enclosed s at large. . · .... dents and the cOunty ~ ecuuve est our rea - ,~strub Ex ben Ir ~t met DarleneK , · f free to con 561-2, 9-9133 Director ot tJae Lateracy ~ Thank you for your consideraUon- Sincerely, Darlene Execti'~e Director 101 · Oelra¥ Beach, Florida 33483-5183 1.80(~273-1030 ' Office [561) 279-9103 ' FAX [561~ 265:3579 551 SE 8th Street Sure bterecy h~ / comrnuniW'9°ebLc°m/lit~rac¥ 1'1'1'-ANNOUNCEMENTS & PRESENTATtONS PROCLAMATI ITEI ! B.l.b. 1, Gerald Broaning, Mayor of the City of Beynton Beach, Rodda, do hereby proclaim that a General Eleddon will be held in the City of Beynton Beach, Palm Beach County, Flodda, on the 7~h day of:November,:2000. · A Special Referendum Election will be held at the same time to vote YES or NO on the following Charter Amendments: Ordinance No. O00-41 An Amendment to City Charter Section 50, Terms of Ele~ve Offices two-term limit on holding change to three (3) years instead of two (2) years. Should Section 50 of the Charter be amended as proposed? Yes.__ No__ Ordinance NO~ 000-43 An Amendment to City Charter Section 17, '~omposition, Election, Terms, Vacandes" This amendment to Section 17 of the Beynton Beach Charter, if adopted, will result in each of the four City Commissioners being elected from the district in which they reside by etectors who also reside in that district. The Mayor will still be elected at large. Should Section :[7 of the Charter be amended as proposed? Yes No The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: PRECINCT 132-A: Boynton Lakes Clubhouse :[ Wesb.inster Lane PREC[NCT132-C: Santeluces Community High School. 6880 Lawrence Road Lantana PRECZNCT 132-D: Nautica Clubhouse 8000 Bermuda Sound Way PRECZNCT 14l: Sterling Village Recreational Bldg. 500 South Federal Highway iI~REC~NCT 141-A: PRECINCT 145: PREC/NCT 1~6: PRECINCT 147: PRECINCT 149: PREC/NCT ~153: PRECZNCT 153-A: PRECINCT 153-B: PRECINCT 155: PRECINCT 155-A: PRECINCT 155-B: PRECiNCt 156: PRECZNCT 156-A: PRECINCT 156-B: PRECINCT 156-C: Boynton Beach Congregational Church 115 North Federal Highway Boynton Beach Boat Club Park North US ~l,& NE 21~Avenue Boynton ~ach:Civic Center Auditorium 128 East ocea[i Aven~Je Boynton Beach Civic Center Auditorium 128 E~st Ocean Avenue Palm Beach LeisUr, e~?e: Community 2001 S.W. 13~ Avenue - Palm Beach Leisureville Clubhouse #1 1007 west Ocean DHve. Community Gold Coast~ F;O.P. Lodge 49 1200 Miner Road : Beynton Beach Worship Center 1015 Old Boynton Road 2775 8oynton LeisumvilleCommunity Clubhouse 1807 S.W. 18th Street Tara Lakes Clubhouse 43 Tara Lakes Drive East Ascension Lutheran Church Fellowship Hall 2929 S. Seacrest Blvd. Palm Beach Chinese Christian Chapel 3314 Old Dixie Higt'~vay Palm Beach Chinese Christian Chapel 3314 Old Dixie Highway Ascension Lutheran Church -Auditorium (South End) 2929 South Seacrest Blvd. Temple Beth Kodesh 501 N.E. 26th Avenue PRECINCT 157: PRECINCT 157-A: PRECINCT 157-6 PRECINCT 158: PRECINCT 160: PRECINCT 161: PRECINCT 161-A: Village Royale on the Green Clubhouse (East) 2505 N.E. 2nd Court Ezell Hester, Jr. Community Center 1901 North Seacrest Boulevard First United Methodist Church - Agape Room 101 North Seacrest 8oulevard Hunters Run Eastgate Clubhouse Eastgate Drive Ascension Lutheran Church Fellowship Hall 2929 South Seacrest Blvd. Ascension Lutheran Church Fellowship Hall 2929 South Seacrest Blvd. CITY OF BOYNTON BEACH GERALD BROENING, MAYOR SUZANNE M. KRUSE, CMC/AAE CITY CLERK (Corporate seal) imp 3 Requested City Comrmsslon Mcetin~ Dares [] July 18. 2009 [] AugUSt I, 2000 [] AugUst 15, 2000 [] s~ 5, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEA AGENDA ITEM REQUEST Date Final Form Must be Turned i_gn to CiW Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) AUgUSt 2, 2000 (5:00 p.m.) AugUst 16,2000 [5:00 p.m.) [] Administrative [] ConSent Agenda [] Public Hearing [] Bids ] Almolmcement Requested Cuy Commission Meetinff Dates [] September 19, 2000 [] October 3. 2000 [] October 17, 2000 [] November 7, 2000 III-ANNOUNCEMENTS & PRESENTATIONS ITEM B-2 Date Final Form Must be Turned in to Ci[~ Clerk's Office Septomber 6. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 4, 2000 tS:00 p.m.) October 18, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Umemished Business [] Presentation RECOMMENDATION: Presentation of preliminary report on a new teen center by the Advisory Board on Children & Youth. EXPLANATION: The Advisory Board on Children & Youth was directed by the Commission to conduct a needs assessment regarding a teen center in Boynton Beach and provide a report. This report will contain their initial findings and recommendations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~//" ~ D~ar~nentHeadsSignature Leisure ServicesfRecreation Deparmaent Name City Attorney / Finance / Human Resources SABULLET1N~ORMSL~.GENDA ITEM REQUEST FORM.DOC TV-CONSENT AGENDA ITEM A. 1 MIN UTES OF SPECIAL CITY COMMISSION BUDGET WORKSHOP MEETING HELD IN THE LIBRARY PROGRAM ROOM, 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA ON WEDNESDAY, AUGUST 2, 2000 AT 6:30 p.m. Present Gerald Broening, Mayor Ron weiland, Vice Mayor Kurt Bressner, City Manager ~lim Cherof, City Attorney Wilfred. Hawkin~, Dir. of Adm. Services Diane Reese, Finance Director ,~ meeting to order a~6:35 p.m. and stated review ~he proposed budget for the next fisca!. Year~ The budget, mai~ains the Ci~s infrastructure and prepares the City for tl~ future. Items to be discussed are: Sources and uses. The first part of the presentation will focus on sources of revenue, how revenues are collected, how they can be used and how they will provide the Commission with ideas that staff is suggesting for capital construction needs.that have been identified. Ms. Diane Reese will be assisting in reviewing the revenue items and the Commissioners and staff particiPants were requested to refer to the yellow handbook, which included an agenda that listed the topics to be discussed: Overview of City Revenue Sources and Opportunities. Staff will be presenting some ideas to ~b.n.'ng in additional revenues to address some of the capital projects in the City. Review of Major Operating Expense Areas. The biggest expense for the City isthe costs of personnel. Review of the Overall Budget by the City Manager with attention to goals planned by staff for next year. Review of Specific Department Budgets. The departments listed will be presenting a brief Overview of their'budgets, how each department plans to meet their objectives and if the bud~]et adjustments made w affect their ability-to complete their objectives. Staff will be available to answer any questions that any Commissioner may have. At the future public headng dates, the public will be able to participate UDGET WORKSHOP FLORIDA ~.ugust 2, 2000 ~ervJew of A~countma Standards & DeScHl~tion of Funds IMs. Dian~ g ; to ~ . G~V~Srnmental Funds General Specia whic~ Debt Service F~unds~are~.used~t( bond issues. ~erm-debt~:~such as Capital Project Funds are used to account for acquisition and construction of major capital projects Proprietary Funds Enterprise Funds are funds for water/sewer, golf course, sanitation and transportation. Internal Service Funds are internal City funds to service other City departments. Fiduciary Funds Fiduciary Funds are trust funds, such as the pension trust funds; cemetery funds and any special trust funds, which are set aside in separate accounts. Next reviewed was a comparison of millage rates of Boynton Beach with other comparable cities in the County. The current millage rate for Boynton Beach. is 7.8160%, which does not .include debt service and is the same as the current year. Boynton Beach is 16.1 square miles with a population of 55,000. The proposed assessment for next year is $2,558,831,045. The formula for the millage rate = tax rate x: $1,000 of taxable (assessed) value. Boynton Beach's millage rate is lower than other surrounding cities that have a comparable assessment and the rate has remained constant for the past two 2 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 2, 2000 years. The debt service of ;413 Would be added to the millage rote and the debt service will be paid off in 2009. The next over the ; Went down? 7,ity went to rollback. A rolled back an the PrOperty Appraiser calculates a rolled back rate and that 'brings in the exact amount of dollars that were brought in the same dollars keep coming in, not from any growth' for that particular year Once your forego the growth, you never get it back. MS. This at =roperty Appraiser certs that a The,chaR which is contained below: property tax Source ~ · %Increase · Proposed ~ 1993/94 2000/2001 ' to 2000/2001 Property tax 31.16% $19,413,34~ Franch se taX 30..08% 3,062,83il Public Service Tax 58.25% "2 736,571 Licenses & Permits · ~2..17% ' 2,563,080 State/County Shared Revenue ' ~;85% 4,137,539 Charges for Services 4/13% 1,535,195 Fines & ForfeitUres 0~ 3% 119,08t3 ~rest ~ 18~:74% 728,000 MiScellaneous Revenue 71~94% 113;20~t Transfem In 15!94% ' 3,400,000' Fund Ba ance Appropriated, 1.100.000 TOTAL: . $38,908,844 It was noted that revenue from the State has decreased and interest income has increased dramatically because the City has a larger fund balance. Mr. Bressner added that the shared revenue from the State/County will continue to decrease. 3 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA The Flodda League of C ties is looking nto this 'ssue. trend that 'is haPpening in all the states. August 2, 2000 Unfortunately, thi,s :~s a in 3 on ~em occurs and 3% ~ can it 4 MEETING MINUTES BOYNTON BEACH, FLOR DA August 2, 2000 Attorney Cherof also pointed out that assessments could also go down when a property,owner pettions for a reduction in their assessment. The City's policy ~a~ be~n not to challenge these reductions, However, a few years ago the City was authorized to challenge the reduction of three commercial properties to assert theCity'S position that the assessment should notbe reduced, The City in the last five years has not challenged any petition to reduce an assessment whether it is commercial or residential. Attorney Cherof sa~d that they may want to consider looking at this policy. Col and year. ook at'the properties owners live both in,-Boynton: Beach Final one-half r ~ 5-year trend in fund balances. The City;s fund ' $3,919,043 and in 1998/99 the fund balance is at Reese pointed out that a great deal,of this money has been these special projects~have~to be paid improvement fund,beginning 2002. Mr. :here are only enough.~nds in reserve {clr one and ' this is a very meager amount; For an overview of the budget, Mr. Bressner pointed out that from an operating perspective, 'the City has to run very lean by necessity. The City doesn't have the flexibility !:~: needs and that almost 70% of the operatir~g expenses for the city are personnel costs. Therefore, there are not many opportunities in making changes unless changes in operating efficiencies are introduced. Also the C ty needs to implement~)re efficient st~ffing issues. The City is going to have to look at ways to raise additional'revenues for capital projects. Mayor Pro-Tern Sherman, noted that at last yea~s budget hearings, the Commissien was furnished with a list of 21 new employeesand he:questioned at that time the need for these additional employees. Mayor Pro Tern Sherman asked how many new personnel would be coming onboard this year?, .The Commissioners were referred to pages 4 and 5, which shows that 27 new employees~ are being requested. Mr. Bressner pointed out that 7 ;of these employees fare grent funded. Mr. Bmssn~r suggested that each department request ng additional personnel be given an OppoAu~ity?o address this issue. Mr. Bressner' pointed out that it s important that the citizens receive the best citizens' services froml the City. Further, Mr. Bressner stated that personnel is an asset that needs to be sup.ported and needs to~ grow in terms of learning new ,skils and ,being more inv(~lved in C[iscuSSion. ,~st because there are collective ,bargaining agreements in place, ,t~ ShoUld not preclude the City from hav ng good, legitimate d alogue between employer and employee. Mr, Bressner would like all employees to be 5 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA g ven the opportunity to grow be trained and to be evaluated on their performance. ,In addition to accountability there needs to .be recognition..~ for.everyone including Citizens, Mr; ;~ citrons r and~ th's will be their needs to position itself is will in 'the move plan , must lization handled from Th~ f ~'to' the ir~ the handout listing received which pay MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP ';~'~:~ · ~ BOYNTON BEACH, FLORIDA August 2, 2000 lc) With regard to the 1992 bond issue, this could be defeased (refinanced) to take advantage of :interest rates going down. This could ;generate.. $160,00Orin savings that' would be a lumP sum payment to the City. The City would have to pay the bond issuance costs,, which is,approximately $30,000. The City would still gain approximately: $1'30,000. much time is remaining on paying the Fourteen ~ Million appr~ximatelyl $2 in 2008 the public service debt refunding. and Hester Center constructions. (d) Cons deration of a bank qualified loan. The City could:-borrow the money. (e) Adding an additional mill it~o the properly tax would generate $2.5 million yeady or could everage a five-year, $10 million bond. However, Mr. Bressner recommended that if the bond issue route were taken ~that it be a short-termlbond issue. (f) If an additional one-half mil~ ~ere added to the property tax, th s would leverage $5 million for 5 years. Mr. Bressner pointed out nat the sto..[mwater fee has just been raised and the Commission r~ay be uncomfortable wi~ raising property. Mr. Bressner requested that Attorney Cherof address the Municipal Service Tax Distdct as a potential funding source. Attorney Cherof noted there are sbveral different categories for different purposes. In addition to taxing district~, the City could have special assessment districts for specific projects. A speciaI assessment could be spread over a 30- year pedod against those specific properties invo ved in the special assessment at an interest rate not to exceed 8~. Vice Mayor Weiland asked how the assessment could be figured out to be fair to everyone invotved~because some property owners have done a great deal to address a particular problem and ;others have done nothing. Attorney Cherof pointed out that one of the challenc~ ;s is to define the area very narrowly. Attorney Cherof presented vadous e: amples of what could be included in a spec al assessment district, such as s~ Municioa Service Tax Districts are brc associated witha particular type of se ties, sidewalks, etc. der and are generally city-wide districts 'ice that is being provided, such as fire 7 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOSTON BEACH, FLORIDA assessment districts. There is a statute that permits assessments to be made to ~y the ;nts? but sion ~to Mr. [ J out that tonight to Attorney out that lee :the ,possible. next year he would .like to present next year's operating I= operating expenses, He further~ peinted ,out information to allow them to begin making some alreadyfunded :and need to be: moved forward that that Commission does ComlT be raising,~the ;ould 8 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BO~YNTON BEACH, FLORIDA August 2, 2000 amount that could be leveraged would be $20 million in one year. This assumes because~at Co g the millage if the projects Weiland asked what the' actual years. Mr. Bressner called fora recess at 8:20 p.m. The meeting reconvened at 8:30 p.m. Review of Snecific Der}artment Budqete City Manaaer (Wilfred Hawkins) 1999/00 Current Budget- Proposed 2000/01 Budget - (Decrease in budget) $453,747 $381,509 (-72,238) Mr. Hawkins reported that they are requesting an additional $5,000 increase for business meetings from $20,000 to $25,000. Vice Mayor Weiland asked if there is money ava lable in the budget for Mr. Bressner after his evaluation if an increase is approved? Ms. Reese stated Ihere is a separate line item set aside for .any budget adjustments for any salary increases. That line item is in the City Hall budget. City ~HalllGeneral Administration (Wilfred Hawkins) 1999/00 Current Budget 2000/01 Proposed Budget (Decrease in budget) $2,557,818 $1,974,450 (-$583,368) Mr. Hawkins pointed out that there are no longer any salaries in the City Hall budget and it is primarily an operating budget. Mayor Broening asked what happened to the special events and holiday parade budget?. Mr. Hawkins said that was moved to Recreation. 9 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 2, 2000 ar Cpmmissioner R~wklns ~tate~ f~nd~ :Ms,,Re~ Commissioner her iai ~,sted wi C6 fund is at$700,00O :~ Mr. :or Visions 20/2~? approxi~a~lY City Commission (Wilfred Hawkins} 1999100 Current Budget 2000/01 Proposed Budget Increase in budget $155,172 $200,928 $ 45,756 Fourteen Thousand Dollars has been set aside for the Board dinner, which has a high participation rate. Vice Mayor Weiland said that this is an item that sheuld be moved to the general fund since it is the City providing the dinner to the volunteer ,boards. Mr. Hawkins suggested moving this item to the City Hall budget, to which the Commissioners agreed. Commissioner Fisher inquired if the memberships included membership in the National League of Cities? Mr. Bressner said that this has been included. Mr, Hawkins pointed out that there is a new line item entitled CATV, which is ~3eing budget~l at $80,000; This number rePresents a baseline number for actual electronic equipment to get the Commission meetings on the air. The plan is to work with Adelphia to provide a true city-access channel. Public Affairs ~/avne Seaal} 1999/00 Current Budget 2000/01 Proposed Budget $0 $156,320 Mr. Segal pointed out that since he did not have a budget from last year to go by, the budget he presented was based on his best estimate of what he feels would cost to fund an effective public affairs department. 10 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP .,BOYNTON BEACH, FLORIDA August 2, 2000 Mr. Segal community Partnerships. ~ to ti growth and reVitalizatio~n-through Mr. Segal then rev ewed his budget line-by-line for the Commissioners. Igeted for In the ,~ are earmarked for ~-he ( the ~ between $50.00 to let other contractual services, some of these funds Com?ssioner Weiland required how much cost?., Ms. Weise stated that the~ cost was Commissioner Fisher asked Mr. Sega what he really would like to I~ave in his advertising budget Mr. Segal requested he'ibe g yen some time to research this. DiscussiOn about the costs of advertising took p ace and whether Mr. Segal s department W~ll need additional fbnds to ;a~lvertise. Commissioner Fisher inquired if an additional $40;000 were added to the advertising budget would'~ this be a sufficient amount, for :this year and Mr Sega stated it would: Corrimiss oner Fisher reqUes~ted that M.r ~egal. present a d fferent figure tomorrow night for the Commission to consider: ' City Clerk (Sue Kruse) 1999/00 ~Current Budget 2000/01 :P~opesed Budget -Increase in budget $373,580 $377,622 $ 4,042 Ms. Kruse stated the department's objective is to computerize more of its records. Ms.'rKruse pointed out that her department has budgeted $31.,000, for legal advertisements. Mr. Bressner noted that if the referendum moves forward for charter revisions, those monies are not included in this budget. Ms. Kruse pointed out that the City would only have to pay for the advertising of the referendum, which should be around $3,000 or $4,000. Financial Services (Diana Reesel 1999/00 Current Budget 2000/01 Proposed Budget Increase in budget $528,727 $676,874 $148,147 11 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTQN !BEACH, FLORIDA Augu,St-2,~2000 Ms.,Re~,~ta~e~,, the increase,in, the budget was due: mostly to the transfer of '~1~I ~'Pi~ii"r;'~ :'~m,, ~[~he:.~t~l{ie~ B~P'aAment tO, the F~na~oe~'Ament: ~his is being the $272.219 $214 012~ t decrease in this.department is attributable to ~ $ 916~339 $1~621,~56 ( $705,1;17 Mr. Wallace noted that ITS acquired responsibility for phone support in February 2000 and .included in the budget is a new telephone technical support that could also handle, the network'as well, This accounts_for a major addition to the budget. Also $175,000 was transferred to ITS for telephone support and maintenance. Mr. Wa lace stated, there is no working halon system currently in the computer room: and ~15;000 for this been included n the budget un~ler the line tem building, repairs. Vice Mayor Weiland inquired why there was such a large ~ncrease in cellular phones and beepers. Mr. Wallace stated this covers the entire city and is being consolidated citywide. 12 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 2, _~n_00 Commissioner Fisher would like to see a full-time webmaster on staff. Also, TS. Commissioner Fisher.expressed 1 in time. ' an . Mr. Bressner more resources would be needed to address these two Issues. 2000/01 $1,370,41'9 $1,287~96 (- $83,023) the COunt. system. f radio system n the communications center ~s [ySeptember. There will be two systems running which is scheduled for November 3rd to coincide with is already in .the budget to cover the new There was a request for four additional dispatchers, but the request has been accounts for the increase n salaries. Mr. Bressner pointed oat p(~,siUons s difficult because of the stress factor of the job personnel..However,, the pay ranges have competitive. Ms. Dixon pointed out that compared to other cities, there is only one vacancy for a dispatcher and one for a supervisor. City Attorney (Jim Cherof) 1999/00 Current Budget 2000/01 Proposed Budget Increase in budget $369,201 $382,714 $ 13,513 Attorney Cherof said that most of the increase is attributable to employee salades and benefits; Last year, the Clerk position was upgraded to a Legal Secretary. Attorney Cherof said that his Department would be able to meet its goals and expectations under the proposed budget. DeveloDment Department (Quir~_tu_~ GreeP..e~ 1999/00 Current Budget 2000/01 Proposed Budget Increase in budget The budget includes a 14% increase in operating expenses. $2,108,594 $2,356,891 $ 248,297 personnel and a 25% decrease in 13 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA Mr. 1 the Department is projected to contribute revehbes matev 8~/~ Of the CitvS G~nera Fund TheiDepartmen~s .~cted :t'o amount iO ap~??mately mit~m~' Di~sion; ~h'iCh is~.fu~d~PUisi~.~e materi~il was included in Mr. 1999/00 Current Budget $1,415,567 2000t01 Proposed Budget $1,501,278 Increase in budget $ 85,711 Ms. Farace stated that their mission is to provide their customers with the highest quality of information resources and personnel service, i.e. materials and people. During the past twoflscal years the book budget has remained constant at $125,000. Ms. Farace~distribut~l a handout ofthe book budget over the past 12 years to the Commissioners. Also, an additional Youth Program Assistant is being requested, which has been budgeted for nine months as opposed to 12 months. An additional part time person is being hired as well. The budget includes over $11,000 for contractual secudty for evenings and weekends. Mr. Bressner pointed out that because of staffing adjustments the Library would not be open on Sunday. Commissioner Fisher ~nquired if the Library could be 14 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP : .BOYNTON BEACH FLORIDA ' August 2, 2000 included in a special assessment? Attorney Cherof said he would research th s Ms... Farace noted_ that there isa State law that~prohibits fees charged~for Library services. Ms. Farace also referred the Commissioners to the budget, which includes the $13C 900. Review Mr.:Bressner noted that~the follow ng tems need to be followed through: > Inf~n'nation concern pg the veh cie replacement fund. > ~ri"[Segal will proV~' informatOn ~or.additional:, budget money for public i~fo~'mation and ma~eting. > ITS possibe reconsideration of $100,000 for damage recovew a for web c >,,, . d rates. Ms. Far, ace who is currently redesigning HOwever, She only works 10 hours per week. Ms. Farace site could ~e contracted out. Millaue~ RateDiscussio- Attorney Cherof noted that the proposed budget is based upon a m age rate of 7.81601~nd the rolled back rate of 7.6504, This is Resolution R00-113 and if the CommiSSion were in agreement with these~ figures, he would~ read the t fie of the ResOlufion~ for a vote. ~the~vise, the matter could be discussed pdor to a vote. could in said that it new funds. point, since it window should be kept open Commissioner Fisher could anticipate using these Attorney Cherof said that the Commission on the last night of its two public headngs must have a budget in place that would allocate and appropriate where the money is going to be spent~ Therefore~ the millage rate must be dealt with in the budget. Mayor Pro Tem Sherman said that he would agree to a one-half point increase, but noted the City is very close to the cap. Vice Mayor Weiland also agreed with 15 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA this.. Discussion ensued on whett3er the millage rate should be I issue, be Ma r Broenlng,sald that the budget~ls~a workabl~;~t~d'tEa~i,'the~budget fits~th~ C tyler ~hother:Year,.; Raising ~h~';hiiti~ge~r~ i0~fi~y ~i~he Ci~'s ~mp~!t,veness. MaWr B~ ~ ' ~r~at~t~ S0U~ that were predated tonight ~use ~he~ ~!~, ~g~i~t e~sti~ resources. near ~tu re. Motion Commissioner public hearing date seconded b~ ReSolution R00;113 and to set the first 14, 2000 at 6:30 p.m. Motion ich carded unanimously, 16 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOyNTON BEACH~ FLORIDA August 2, 2000 The meetng propedy adjourned at 10:30 p.m. and will reconvene tomorrow n ight, August 3, 2000 at 6:30 p.m. City of Boynton Beach Mayor Vice Mayor ATTEST: Mayor Pro Tern Commissioner Commissioner City Clerk Recording Secretary (four tapes) 17 ZV-CONSENT AGENDA ~[TEH A.2 MINUTES OF SPECIAL CITY COMMISSION BUDGET WORKSHOP MEETING HELD IN THE LIBRARY PROGRAM ROOM, 208 S. SEACREST BOULEVARD. BOYNTON BEACH. FLORIDA ON THURSDAY, AUGUST 3, AT 6:30 p.m. Present Gerald Broening, Mayor C~ City To address capital projects, of funding that might include: Kurt Bressner, City Manager Dale Sugerman, Assistant City Manager Sue Kruse, City Clerk Diane Reese, Finance Director order at 6:35 ~3.m. and [ spec al meet ng for the millage rate. ative methods · : LeveragJng a $10 million, bond ;ssue from the Publc Serv ce Tax; · De.feasmg .(refinen~ng) a bond ~ssue~ -;o,Us~ng a $160,000 that was identified as additional funds. Many department budgets ~ere rewewed during the first meet ng Dudng this meeting, the {ollowing depa~ments would icOntiRu~ that review: Human Resources/professional code Enfo~cement i Po,ice Deve Opment Animal Control. . Fire r ~ ~ Engineering Public Works RecreatiOn .Parks Water & WasteWater Operating GOlf ~urse Solid Waste Fleet' Maintenance Warehouse Risk Management Mr. that:the of~ the budget review would be imprevemen~ projects. A separate The Budget Public Hearing has been schedu ed for ne,xt_ month. Copies of the budget a~e ava lable at th~ Library an'da~'~t~. City Clerk s office for review Mr. Bressner and Ms.' ReeSe offered to.meet ~ith a~l~ employee or Commissioner to review additional budget questions. Mr. Bressner also pointed out that there is a third phase to the budget review, which is to begin addressing the capital improvement projects and setting their priorities. A date for this meeting must also be determined. MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA Review o[,SDecific Department Budoets H uma rrReso urces (Arth ur Lee}, 1999/00 Current Budget 2000/01 Proposed Budget (Decrease in Budget) $695,853 $565,923 ($129,930) August 3, 2000 It is Pins'and the -- The ~ C~ty used [he past the ~ is being, revisited in an other recruiting expenses. to $65,000, which is one of the Mr.: Lee sites. Mr, Lee also noted that the City also~ in professional journals and ting Expenses has been entirely ~,,DePar~ments that pay for their own 199910~ $0 2000/01 $190,614 Last year $125,00Owas allocated for training, but there was no person on staff. Salaries and wages for this position are $47,683 in addition tc~ the necessary tra ning resourceS. Twenty ~housand Dollars has been elim hated from the 2 MEETING MINUTES CITY COMMISSION BUDGET WOI~KSHOP~ ~ * - -~ ..BOYNTON BEACH, FLORIDA August 3, 2000 $125,000, but Mr. Lee would like to see some dollars added back to the wellness program and the professional development program. Commissioner Black would like the wellness program expanded in order that employees have a place to go for minor complaints. Mr. Lee responded that he has been talking with AssiStant Fire Chief Jim Ness to make the clinic utilized by the Fire Department available to other employees. Commissioner Fisher inquired if the health carders have been asked to co-op monies ,with the City for a wellness program~ Mr. Lee replied that Blue CroSs/~iue Shield does not offer this. ' Police Del3artment (AssiStant Police Chief 1999/00 Current Budget 2000/01 Proposed Budget Increase in Budget $11,409,246 $12,081,377 $ 672,131 Assistant Chief Immler was also present with Mike Munro, the Police Department's Administrative Services Supervisor. The increase for the most part is due to the negotiated raises for the members of the Police Force. One full time and one part time Clerk are being added to the Records Division. Also the Department will be paying partial salades for two additional officers towards the end of the fiscal year. Vehicle maintenance is being increased, as well as the costs of health insurance and replacement of laptop computers. The Department will maintain 135 sworn police officers. Commissioner Black inquired why it was necessary to add the new Clerks. Assistant Chief Immler pointed out that the Department is reorgan z ng and s requ red by State law to maintain certain statistic~ for traffic and Parking citations and there has been no one on ;staff to perform these functions. This will now be their responsibility. Commissioner Fisher inquired if there were funds remaining from last year's salaries and Mr. Munro responded that the Department does not keep the money from year to year. The money goes back into the Fund Balance. Commissioner Black inquired about new vehicles and Assistant Chief Immler responded that whenever there is a request for new personnel, new vehicles have to be purchased for them. However, there will be no new officers added, but the vehicles will be used as spares while cars are being repaired or are out of service. Mr. Munro replied that each year so many vehicles are replaced and 3 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3, 2000 this is coordinated with Bob Lee in Public Works, Ei replaced this year. being Code ComDlian¢e iScott Blasie} 1999/00 Current Budget 2000/01 Proposed Budget $466.296, $483,064 ~ 16.768 to. is due to the modular trailer Animal Control (Scott Blasie} 200051 I $126,959 $132,490 $ 5,531 The increase in the budget is mostly attributable to a new part time employee that is already on staff, but will be working additional hours to maintain computer records for.all animals that go in and out of the shelter. Fire Department fChief Bill Binaham} 1999/00 Current Budget $7,249,055 BUdget $7,928,094 $ 679,039 Chief Bingham stated that in this year's budget there is a salary deficit of 412,328 dye tothe recent union contract that was negotiated. Therefore, the ahficipatbd li~99/00 budget is really closer to $7,661,383. Next year's budget is appr0~imately3 4% abo~e last year's budget. The Fire and ReSCUe Department generates revenue and $1,284,17.9 is the anticipated revenue for the upcoming budget year, as follows: $200,000 for fire inspection fees $598.653 revenue from contracts to other municipalities $485,526 life support transfer fees Chief Ness distributed an updated Goals and Objectives sheet and stated that some goals Were missing from the original budget. Chief Bingham reviewed these new goals and objectives with the Commission and staff. 4 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3, 2000 The Department is requesting the addition of three new personnel. One is for an office assistant to help peH=orm payroll functions, another is for an TS/ Communications SuppOrt Manager ancJ a third position ~is fora Plan RevieWer for the Fire and Life Safety Division. Also, it is anticipated that a wellness program can be developed this year. aired why the ITS/Communications Support Manager is on the provide software support to the F would be a li~iS(~n with the Communications Department. person Commissioner Black inquired about hurricane supplies and was nformed that this was mostlY for software for tracking hurricanes as well as for the d stdbution of some public relations brochures, t also includes neCessary supplies in preparatio~ of a hurdcane. Enaineerina IDale Sueerman) Mr. S,u. german stated that during the past few days City Management staff has met:Wit~~ some-I~ey departments and oOked at tl~e funding fOr th s Department again. It was determined to redo the Engineering Department budget and staff is cunfently reformulating the organization of the Department. M:r. Sugerman requested tWo weeks to finalize the budget and stated it wou d be submitted pdor to the budget hearings. Commissioner Fisher inquired if this would affect anything else in the budget itseE. Mr. Bressner noted that the Development Department's budget would change s~what and that GIS is going to be moved to ITS. Further, Mr Bressner pointed out tha! the money is there, but t needs to be shifted around, t is still anticipated, that tl~ I~U k of t~ie engineering projects would continue to be outsourced. After much discussion, Commissioner Fisher noted that in all likelihood there Will be an increase n the bottom line number and Mr. Bressner stated this Was correct. Mr. Sugerman no, ted that this Department's biggest expense is personr~el. It is anticipated that there ~will be four more openings created that were not funded. Theret~ore, money for salades and benefits needs to be located Mr. Sugerman said he WOuld ha~e ev~erything available within two weeks. Public Works ;Chris Roberts) Ms. Rgberts pointed that there are three divisions that are funded under the General Fund as follows: 5 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3; 2000 A new : $17~3;349 , - ?$172i950' and an Administrative Clerk ,is being the departmental Ms. Roberts $1 460,654 "~ ' $1,605,040 ' ($ 144,386) this represents a bu.dget increase of 10%,.which is nd buildin~ improvement plans. New staff reclass of an Administrative ;apital outlay requests. All Budget $1,132,g84 $1,140,887 $ 7,903 which is pdmadly due to the pumhase of new requeStS for reclassification of a Crew Crew Worker Senior to a Sign Roberts pointed out that $250,000 is earmarked the new trash pick-up system will become responded that currently the program is at full 11,000 carts being utilized for pick up neighborhoods in the City, the residents in those neighborhoods ! not to go with the cart program. Cornmissioner Black questioned if the system should become mandatory. Ms. Roberts replied,that in the long run this program would save the City money and it.would,,be wise toJrnplement it citywlde. Ms. Roberts said that a report ~s currenfly,being prepared for the Program that indicates there is no additional cOst for the i~rogram Unless a resident asks for an add tonal cart. 6 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA Leisure Services Recreation iWallv Ma|ore) August 3, 2000 1999/00 Current Budget 2000/0;I ProPOsed B~dget Increase in Budget $2,381,101 $2,483,541 $ 102,440 their budget is be ng increased by 4.3%and po nted out from ~the City ~nager's bUdget and put into the ~ins an increase operations. Jding these two new items tl~e budget s actually lower than last year. Mr. Majors rewewec~ the goals of his Department. Mr. Majors reported that there have been two adjuStmen{s to their objectives and report~:l that the IDepartment received the bus they requested and replaced that item 'with a needs assessment. The Department will be applying for three grants next year. Capital requests are at $60,00Oand include: Updating the dugouts at Pence and Galaxy Parks; upgrading the C¥ic Center; and O~3t~inin~ hurricane shutters for the ~lifeguard operations building Beach. at the Mr. Bressner inquired if the Golf Course was approached for a golf cart and Mr. Majors replied:negative y Mr Bressner asked if Ms. DeFosse could make a golf cart available to ~e Rec~'eation Department, and she said hacJ one available. Comrnis~oner~Fisher inquired if the City Would be hold ng two egg hunts? Mr Majors stated Only one is planned. C~m~iss oner Fisher nquir~d if, there enough mone~ in the;l~d~et for the HolidaY Parade to perm t a b gger citywide celebratioh? Mr. Majors ;,~ not sure,~ but stated that their Department has always been able to seek outside funding iif neCessary Mr. Bressner said this would be:the route to follow if the festivities Were to be enhanced. Commissioner Black noted it was an nconvenience to have to ' ' t ' -. . . .: . . go to City Hall m he Mall to register his children for venous City activities and requested that this be reinstituted at the Art Center and the Heater Center as in the past. Mr. Majors sa,d that an accountability study is he ng undertaken to determine the areas from where peOple are regiSte~ng. Vice Mayor We land nquired if the Hester Park pedestrian path that has been requested would be a jogging trail or walkway around the football field? Mr. Wildner responded that this has been requested several times by people in the 7 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA Hester Park ama and wo~ be August 3, 2000 the than Mr. a from 1-95 $2,656,945 $3,107,933 $ 450,988 the majority of the increase is attributable to increased of the landscaping. Also; the Park's maintenance as well asthe costs for water. Department. The City has received ~ provide'landscap]r~g 'along Hypoluxo Road Avenue and should be completed during 2001. ~A grant Avenue medians, which The City's Also a for the to and Ocean ..Parkway accounts for~ much of contract is supervisor due to all the new projects coming palm landscaping would ?clude the staff is coordinating the Black inquired if maintain the medians 8 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3, 2000 Commissioner Black inquired about the poor condition of the buShes around the cemetery and Mr. Wildner informed the Commissioners that the Cemetery Board has approved the installation of a new white fence, similar to he UtJhtles fence across the street. The hedges w I be removed The bid should be approved at the Tuesday night Cemeter~ Board meeting. Mr. Bressner inquired what work would be taking place at Sara Sims Park. Mr. Wildner said.that staff is additional is Would like.tO see~.some off'the pavilions that Vice Mayor Wei and asked if any funds have been earmarked for Gill Scout Park and Mr. Wildner said-that no funds have been allocated to this Park, but it was included in the capital mprovement plan. Commissioner Fisher inquired if there would be a charge inst tuted for the use of Boat Club Park? Mr. Wildner replied that staff wou d be looking at th~s wheh the renovations to the Park ara completed and it s anticipated that ,sOme type of decal system would be instituted, similar to the Beach. Water & Sewer Fund (John Guidry) Mr. Guidry stated that the Utility Department is a revenue-generating department (Enterprise Fund) Projected 2000/200,1 Revenues Revenues from 1999/2000 $26,052,508 $23,205,549 The incraase, is mostly attributable to the incraase in the stormwater rate. Revenues ara: used to- fund operating essentials, which ara debt service and renewal and raplacement fund. The budget as prasented should allow the Department to fulfill its goals and objectives. Currently thera ara 12 personnel operating divisions an(~ three non-personnel divisions. In fiscal year 2000/2001 the Department will be reduced to 10 personnel operating divisions and three non-personnel divisions. The three non-personnel divisions ara (1) the regional traatment plant. (2) general administration and (3) debt service. 9 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA 1999/0Q o0o 0'i, $23,205,549 $26,052,508 AuguSt 3, 2000 as well asthe Mr. if water or, sewer rates were being raised and Mr. Guidry Golf Court {Freda DeFosse} Budget $2~587,739 $2,637,120 $ 49,381 The budget increase is less than 2%. There are no proposed increases for any of the user fees. Ninety new permits were sold this year to City residents. Staff s recommend ng to the Ci~ Commissionthat all non-renewed permits be offered to City residents only. This wou d reSUlt in 200 C ty-resident and 300 county- resident permit holders. There are no other significant changes in the revenue sources. Additional staffing request is being made for a part time CBE student. The maintenance business area team has requested additional funding for day labor. Ms. DeFosse reviewed the Deparffnent~s goals and priorities and anticipates that all their Department goals would be met. Commissioner Fisher inquired if there were plans to market the restaurant? Ms. DeFosse said there is a new manager who was hired over a month ago who will be assisting in this area and there are advertising dollars available to plug the restaurant. Commissioner Fisher inquired about the loss of revenue from bali retrieval and Ms. DeFosse stated that the cost of golf bails has gone down and there is not thatmUch income from baal retrieval. The pro shop also sellsused balls. Commissioner Weiiand inquired what the future goals of the restaurant are and Ms. DeFosse said this is the first year for the restaurant and noted one of the 10 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3, 2000 goals is for local businesses and homeowner associations to use the restaurant for. informal: get~. togethers,. Commissioner. Fisher inquired if there were any plans [°~ ad, d. an o~ts'de.cov, ere.d..pat,o !o the restaurant? Ms. DeFosse said discussion nas [aKe~ place aDouz pumng a deck around the outside of the restaurant. COmmissioner Black said he would like to see fireworks displayed at the Golf Course, as well as using it other outdoor functions. Solid Waste (Chris Roberts) 1999/00 Adopted Budget 2000/01 Proposed Budget (Decrease in Budget) $7,033,374 $6,565,411 ($ 467,963) Ms. ~oberts reported that the revenues collected are from garbage fees, mil-off service, COmmercial recycl rig, commemial dumping and resident al and multi- family service. Ms'. Roberts pointed out that the 10% decrease n th~- h,,~,~, Q ttdbutable to the purchase of a great deal of equipment for 'the automated program last year, which has been eliminated in this year's budget. Four years ago there were 26 refuse cot ectors For the proposed budget year there will be only Six dUe t° attrition and automation. A Crew Worker Senior w be rec assed t0~n EqUipment OperatOr Senior and an additional Code Compliance Officer will be funded. Ms Roberts summarized their capital outlay requests. All of the Department goals will be met through this budget. Fleet Maintenance (Chris Roberts) (Ms. Roberts reported that the Transportation budget had been left out of the budget and she will report on this after Fleet Maintenance.) 1990/00 Current Budget 2000101 Proposed Budget (Decrease in Budget) $7,221,289 $6,515,976 ($ 705,313) Fleet Maintenance is an internal service fund, which is funded by other departments within the City. The 11% decrease in the budget is due to fewer vehicles being pumhased in the upcoming budget year. An intern mechanic is being added to staff, who would be recruited from a technical school. Ms, Roberts summarized their capital outlay requests. New vehicle pumhases will account for $479,000 and vehicle replacements will account for $2,015,500. 11 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA vehicle re AuguSt 3~ 2000 ~ was. with, a,, ~dtten Ms. Rober $263,578 $256,263' ($ 7,3~5) that the revenues come from the transportation fees, , of the r~venue coming Two part time to assis the children to gasoline was accounted for, in the it had been accounted' for in this budget and Commissioner Black asked if Public Works was in need of more space and Ms. Roberts replied that they are in desperate need of space. A new facility is included in the capital improvement program. Commissioner Black said he would like to see th s facility removed from the residential ne!ghborhood. Commissioner Fisher inquired if any of the school lots could be UtiliZed? Mr. Bressner said he would look into this. Warehouse {Diane Reese} 1999t00 Adopted Budge{ 2000/01 Proposed Budget ncrease in Budget $229,518 $229,870 $ 352 Ms. Reese reported that the Warehouse Fund is an internal service fund and revenues are generated by making charges to other departments. Ms. Reese further reported' that their main goal this year is record storage, since many records are stored at the old school. The building has no sprinkler system and is rat in'..f~Sted. 'rA new mezzanine is being added t(~ the warehouse fOr storage and ali ~ records will be removed from the old School to the warehouse. - The records willbe scanned and the retrieval system will be a lot easier. 12 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3, 2000 Commissioner Fisher asked what type of scanning would be emp oyed and Ms Reese stated that a bar code system weuld be applied to the boxes to determine what is in each box. Commissioner Fisher inquired if there were any plans for a document management system and Ms. Reese said there are ~31ar~s for some departments. Risk Manaaement (Chuck Maaazine) 1999/00 Adopted Budget $2,137,007 $2,131,911 ($ 5,096) Mr. Magazine stated their m,_ain goal wa.s to increase training at the departmental level, and Creating the City s own training programs; Mr. Magazine r ~oted their other goals are to make the dsk management program wodd class and to have the Risk Management Program become a revenue-producing department within five ~,ears. To accomplish this, Mr. Magazine would like to offer the' City's Risk Manag,emen~t Program and Insurance Program to other mun cipa it es Mr. Maga~-Ine ,ehvisior~s haVing a building for t~aining within the City that would be oP~ ~o not 0nly Boyntor{ Beach, but to other municipalities, ~vhich would be grant funded. Mr. Magazine reported that he anticipates a major increase in the City's property insurance rates because an assessment was done of all city-owned properties and the values went from $60 million to approximately $90 million. The increase, however, should be covered under the current budget. Overview Commissioner Black asked Mr. Segal if he had the revised figures that were requested. Mr. Bressner said that he received the figures and will be reviewing them. Mr. Bressner stated the revised figures are for an additional $78,000. Commissioner Black thanked staff for a job well done in preparing and presenting the budget. Mr. Bressner noted that a meeting date needs to be set for (1) determining the priorities for the capital projects, (2) to review the new engineering budget, (3) to further discuss Mr. Segal's revised figures and (4) for any other adjustments that may be necessary. Mr. Bressner suggested scheduling this meeting dght after Labor Day. Ms. Reese commented that a second public headng date needs to-be established. After discussion, it was determined to hold the second public budget hearing date on Wednesday, September 20u~ at 6:30 p.m. 13 MEETING MINUTES CITY COMMISSION BUDGET WORKSHOP BOYNTON BEACH, FLORIDA August 3, 2000 workshop to review the Mr. delegate. Motion Commissioner Black Flodda LeagL unanimously carded. ?~nd he needed' the RSVP sheets fOr, the August ,14~ daytime City of Boynton Beach Mayor Vice Mayor Mayor Pro Tem ATTEST: City Clerk Recording Secreta~j (three tapes) Commissioner Commissioner 14 TV-CONSENT AGENDA TTEM A.3 MINUTES OF SPECIAL CITY COMMISSION GOAL SETTING WORKSHOP MEETING HELD IN FIRE STATION 3, CORNER OF CONGRESS AVENUE AND MINERROAD, BOYNTON BEACH, FLORIDA ON MONDAY, AUGUST 14, 2000 AT 6:30 p.m. Present Gerald Broening, Mayor Kurt Bressner, Ciq/Manager Dale Sugerman, Assistant City Manager AWilfred Hawkins, Director dministratiV~e,. Services Sue Kruse; C~ty' Clerk Nicholas Igwe{ Assistant City Attorney William Bingham, Fire Chief Marshall Gage, Chief of Police Q~ntus Greene, Development Director Arthur Lee, Human Resources D rector Wayne Segal, Director Public Affairs At 6:40 P.M. Kurt Bressner, City Manager, opened the meeting and welcomed the members of the Commission and Senior Staff. Pdor to the meeting~ Mr. Bressner had distributed to the Commissioners and Senior Staff a liSt of proposed objectives, which he asked the Commission and Senior Staff to consider and rank in terms of medt and priority. The proposed objectives were displayed on the wall of the meeting mom and the Commissioners and Senior Staff ranked each objective with colored dots which corresponded to a pdodty as follows: "MuSt Do" - which meant the highest priority and an sssential objective; "Should Do" - which meant a medium priority, an objective that is important but not essential; "Could Do", which meant the objective is of interest, but is not essential; and "Huh" - which meant to hold off' on the item as there were Too many other things to be done. Mr. Bressner stated that this ranking process would be the first step, representing the "WHAT WE ARE GOING TO DO" piece of the process. The next step would be to assign "WHO IS GOING TO DO IT' to the projects that were prioritized. The last .step would be to decide 'HOW ARE WE GOING TO DO IT?" The results were tabulated and discussed. There was some discussion about item 17, "Develop traffic enforcement program ~n Police Department to target specific traffic problem areas, speeding or dangerous intersections. Source: City CommiSsion (short- term." Various people felt that the wording was too restrictive and that if it were expanded to embrace the entire City, they would have ranked it differently. The City Manager and the group edited the objective and it was replaced on the wall and the Commissioners and Senior Staff voted on this one objective again. After the re-ranking, this item Was deemed to be a medium pdority item. Meeting ,M,inutes City C0mrhi~ibh Goal Setting Workshop Boynton Beach, Flodda August 14 2000 Mr, Bres.'sner,~mmarked that the goals of the Senior Staff and the Commissioners seemed ,to paralle .more than: they d verged and thought th s was nd cat ve of the The CommissJoeem felt it~ was important that the goal-sett ng results De ~ade public in as many WaYS ~, possible. Mr Bres§~er, respoi3ded ~hat the resu ts WOu d b~ post~d~on the C~tys web~g~.~, m t~e_LJbrary, ~nd m the City Clerk s office. .This was :reit:to be necessary se ~ ~:~e~!e.~q(§!~to~t~i~.be~@ub ~c would be on the. same page~-~as W these objectives ~ ,, . A meeting The ( At 8:40 the work the Commissioners ant Senior meeting and congratulated all meeting a big Sucress. CITY.OFBOYNTON BEACH Mayor Vice Mayor ATTEST: Mayor Pro Tern City Clerk Recording Secretary (Three Tapes) Commissioner Commissioner Attachments: 1) 2) Addendum: Recap of Objectives Evaluated at Goals Session by City Manager, Kurt Bressner, dated August 14, 2000 Objectives Recap Spreadsheet, by City Manager, Kurt Bressner, dated August 14, 2000 2 Meeting Minutes City Commission Goal Setting Workshop Boynton Beach, Flodda August 14, 2000 ADDENDUM On the morning following the goal setting workshop City Manager Bressner recapped the results of the evaluation in 'text format and spreadsheet. Those documents are reproduced as follows and are attached hereto and made a part hereof. To: City Commission and Senior Staff Team From: Kurt Bressner, City Manager Date: Subject: August 14, 2000 Recap;of Objectives Evaluated at Goals Session As a follow-up to a great geals session I am pleased to previde you with the final list of 55 s~h0rt and long te~:objectives arrangedin eight goa areas.. These objectives were ded~ed from one.-on-o~e meetings I had with memberS of the City Commission and the Senior Management Team. There are two basic categories of objectives: Short-term Objectives: These. are objectives that those interviewed felt should be accomplished or well underway within six months. Long-term Objectives: These are objectives that those interviewed felt should be accomplished or well underway within a year or two. The objectives that you have developed have been divided into eight basic goal areas also having identified the source of the objective as being: City Commission Senior Staff Team Both City Commission and Senior Staff Team Developing a community identity. Guiding appropriate development and re-development of Boynton Beach. Maintaining public health and safety. Engaging andinforming citizens and businesses. Defining, developing and refining community events and celebrations. Developing and implementing an effective capital lmprovement program for public facilities and buildings. Enhancing City Commission, Advisory Board and City Senior Staff relationships and developing Senior Staff capacities for leadership and quality. Helping review of structural changes to Boynton Beach's system of governance. Meeting Minutes City Commission Goal Setting Workshop Boynton Beach, Flodda August 1~.; 2000 The group at our meeting on August 14th reviewed the original list anc each objective was evaluated using a colored dot based on the following scheme: Must Dolll Could Do Huh? Means the hi essential. (Blue) to do; The objectives were arranged along a walt or Members of the City Commission and the of paper reflecting question follows: 2.5 or more = High priority; The objective is viewed as essential and necessary to complete. -,,, - 1.9 to 2.4=Medium priority; The objective is Viewed as being important and desirable to complete. 1.8 or less = Low Priority; The objective is viewed as having limited importance and shouldrbe dropped or deferred. Results Achieved at Meeting of August 14~- Goal Areas with Proposed Objectives 1. Developing a community iden~ty. Develop Boynton Beach's identity or niche. There may be several ideas or niches based on geographic locations. Boynton Beach is a calm, quiet community with a great deal of charm. This is a feature that should be preserved as redevelopment activities increase. Source: City Commission and Senior Staff Team (Long-term) Score: 2.5 Importance Rating: High Establish an Arts Commission to guide the development of standards and placement of public art and sculptures. Source: Both City Commission and Senior Staff Team (Long- term) Score: 1.18 Importance Rab'ng: Low Establish a Historical Commission to assist the City in identifying areas, events and structures that have significance to the history of Boynton Beach. Establish system of 4 Meeting Minutes City Commission Goal Setting Workshop Boynton Beach, Florida Aug~$t 14, 2000 inventory and markers for locations events and structures. Commission and Senior Staff Team (Long-term) Score: 1.18 Iow Source: Both City /mportance Rating: Work ,with!he City Commission to. define the City's vision What does "World Class" mean and ts' it r~ea!ly approPriatef0r Boynton Beach? Are ether elements of,a vision more. appropriate for B0Ynt0n BeaCh? Are we a family and retirement oriented community? Is ~Ur focus to be further growth and economic develoPment? Etc Source: City Commission and Senior Staff Team (Long-term) Score: 2 5 Importance Rating: High Diffuse the perception of a barrier between the part of the City east of -95 and those not just those proximate to the development ,area. Soume: Senior Staff Team {Long- term) Score; 2.0 Importance Rating: Medium o Develop outline and action plan for the comprahensive plans for Federal Highway MLK and Boynton Beach Boulevard corridors. This will include identification of key objectives, request for proposal for coqsultant and award of contract to consu tant(s) to perfOrm the W0rk~ S~urc~~. citY commss~n (Short-term) S~ore: 2.54 Importance Rating: High Push forward on alternative redevelopment tools, term) Score: 2.3 ' As an ~ppropdate Source: C~ty C0mm ss on (Short- Implement for land use changes i reviews of development nes for City Commissior~ review and general ~3versight of CRA work. Source: City Commission (Short-term) Score: 2:41. importance Rating: Medium/High . Find development groups or organizations and planning capaciaes to partner With th Highway and MLK C°rddors~ Also, cultiva commun ty and~ inventory re~eveloprnent si land acqulsitor~, w~re apP~'opdate By le p~ficipatioh or~prbPe?ty assemblage.' ~U~: Team (Long-term) Score: 1.77 Importa at have the necessary capital resources ~;Ci~ for redevelopment on the Federal ~ ~ei;=ti0nship with commercial brokerage s ,o,~,ppportunities. Assist, developers in lingl ~minent domain, authority financial i 'E~bth City CommisSion and S~nior Staff :e Rating: Low/Medium 5 Meeting Minutes City Commission Goal Setting Workshop Bo~/ntOn~BeaCh, F edda Auau~ 1A. 2000 complete comprehensive review of Vision 20/20 Plan to update or resolve conflicts with currbnt'~'pl~nfiir~g initiatives in City. Source: city COmmission (Long-teri~) ~Sc~rei 1.90 trnp~rta~c~e Ra#ng: Medium '" :for at t of-the hat-is in education, traffic calming, was re, worked by the team : Medium 6 Meeting Minutes City Commission Goal Setting Workshop Boynton Beach, Florida August 14, 2000 Back to School - The sidewalks in front of Galaxy Elementary and Forest Park Elementary SchoOls need repar. We w It most certainly get comp aints On' this as We d d last year.-§ource: Senior Staff Team (Short-term) Sc~r~: .90 Importance Ratingi Low Focuscode. enforcement efforts in alt areas qf the community. Source: C ty Commission (Long-term) Score: 1.91 Importance Re~ing: Medium Clarify ordinances regarding operaton of adult entertainment and nightclub type Jsed for issuing perm ts and what m ts are placed on the Senior Staff Team (Long-term) Score: 1.36 Importance : l;ow Provide minutes and agendas of ( web site. This information will then Internet. Source: City Commission Medium Advisory Boards via the City's Senior Staff via. the 2.25 Importance Rating: Establish system quarterly 'town meeting~;for~ me.rs of the City Commission to augment and energize: the current Neigh~hood Eoi'um meeting series SoUrce~ 'City Commission (Sho~-terml Score: ~. i7 '~mportance Ra~ng: Low program newslettem, media Importance Rating to advise them of events, web site, CATV, (Short-term) Score: 2.46 offering bill payment at the police the Hester Center, Civic Score: 1.73 ':Low/Medium decisions Score: 1~gl Importance Rating: Medium role of City government and of people in the youth, City Commission (Long-term) them !nvolved in events, programs and S~ore: 1.27 Importance Rating: Low 5. Defining, developing and refining community events and celebrations, Holiday-Tree Lighting Program involving ~he entire community for Boynton Beach in 2000. Evaluate prOgram for. possible COrltinpation in subsequent years. Source: City Commission (Short-term) Scorn: 1.41 Impdr~nce Rating: Low 7 Meeting Minutes City Commission Goal Setting Workshop Boynton Beach Florida August 14, 2000 Energize the TNT concerts (to the ,,b_each!) and c~mmunity events to attract more db/ersityof~the~ communitY;, Focus. on raising th~ ba¢ fqr.community celebrations such ~ ~!~'~o C~ 0n th~.a~ and e~ter~ainm~n~ ~atl3e~t~ami~3~.i~mivaL~ides. R~' ~r~'e~{S: ~li~:0~g~3~t the. C~itY.-: ~'~e c.'0m.munity fesii~ais~:; 'aha :'s~ia, Score) ~'72 Importance Rating:/'eW/MediUg~; '.:. . '.: ;~..; 6. effe~i~e -~a~al improvementr p~m for ~ to Communicate and are of the nventow al Include Orl an City 8 Meeting Minutes City Commission Goal Setting Workshop Boynton. Beach, Florida Aug.st 14, 2000 Look .at feasibility of a Teen/Family community center to provide such amenities as education classes, recreation and hobby center, meeting rooms and cultural events or programs. SourCe: City Commission (Long-term) Score: 1.18 Importance Rating: Low Resolve funding approaches, for cap tal mprovement projects nc ud ng ~poss ble referendum for Pi31ice, civic Center and Library Facilities. For ~xample; a bond'i~ue via referendum may require enlistment of support to "sell" the idea to citizens. Develop funding SOUrces fOr c~pital projects and City Programs to: Systematic review of existing revenue sources find n~w revenues e. Provide and non-diScretionary businesses of tax or fee increases. (Long-term) Score: 2.5 Importance Relocate,operational functions of Public Works out of the residential distdct Source: City Commission (Long-term) SCOre: 1.42 Importance Rating: Low Develop finalized plans for the Civic Center complex that are complimentary to the Ocean Avenue Promenade project, plans may incude conferenCe center and performing arts v~ Include critical ~e~iew as to appropdatenessof Vision 20/20 plan elements, which currently includes retenfion of H gh School. Source C ty Commission (Long:term) Score: 2.'36 Importance Rating: M~diurn/High Resolve drainage problems at 8~ Avenue area as it drains west into Leisureville. This is a four-way effort involving the City, state, association and developer to document conditions and assign responsibilit~ for ~co~-ective work. The City will als0 need to carefully monitor the development propos~als in this area to assure that adequate storm water run,off protection is provided. SoUrCe: city commission (Long-term) Score: 1.18 Importance Rating: Low Resolve the cemetery issue as to current ~pace needs expansion or closure of cemetery operations. Source: City Commission [Eong-term) Score:' 1 85 ImportanCe Rating: Medium Upgrade all City Awned buildings to the ct~rrent fire and life safety codes and nsure that all new city buildings, and buildings su.b~tant a y renovated will be fully sprinkled, in accordance with the code. Source: Senior Staff Team (Long-term) Score: I 67 Importance Rating: Low/Medium 7. Enhancing City Commission, Advisory Beard and City Senior Staff relationships and developing Senior Staff capacities for leadership and quality. Review role and function of all advisory boards to improve working relationships with City Commission and assure consistency with City vision and goals as determined by 9 Meeting Minutes City Commission Goal Setting Workshop Boynton Bea~ch, F odda August !4; 2000 the Vision 20/20 plan and updates as approved by the City Commission. Source: City Co~mission` (Sh9rt-terrn) Score: 2.17 /mportance Raring: Medium ~e~iip~!a~ ~ft.'e~fi~e, "early-waming" informa~io"n mechanism tO'the C~ Corem ssJen on emerg~g:; -P, feJectsg'a~d a~ities' Sou~ce: i'C~Co~mi~sien ~Short ~ s~ere, ~ 17 ;~le r the ?,ity Comm Encourage departmenl ~, Rating: LOW', Develop good working :~ (Short-term) Score: projects even at the expense of with the Chamber of Commerce which will proposed code changes affecting businesses, programs and help coordinate Internally, continue to develop the skills of employees by training and job enrichment work. ~ Shift the locus of Work from departments to inter-departmental teams, as appropriate. Source: Senior staff:Team (Long-term) Score: 2.27 Importance Rating: Medium Implement the GIS System and related network upgrades to integrate the data sources for the City that can be used bY all departments and citizenS. Source: Senior Staff Team (Long-term) Score: 2.0 Importance Rating: Medium 10 Meeting Minutes City Commission Goal Setting Workshop Boynton Beach. Flodda August 14, 2000 Enterprise Operations Leadership Team - (Utilities, Public Works and Golf Course Operations). The Enterprise Qperations Team has met with some great successes over the course of the last tWo years and.it has done well to provide support, sources of revenues and has served as a great ~:esource to the General Fund and the City as a whole. Allow the Enterpdsa Operations Team to keep doing the, type of teamwork things that they nave been so successful at recently. Source: Senio~ Staff Team (Long-ter~3) Score: 1.36 Importance Rating: Low 8. Helping review.of structural changes to Boynton Beachs syste of governance. Convene Charter review panel t° look at e~ti~esituation with emphasis on: Term limitations - Compensation of elected offiCials E eCtion districts and method of ~ofing Source: City Commission (Short-term) Score: 1.67 Importance Rating: Low Resolve the term-limit issue. Source: Senior Staff Team (Long-term) Score: 2.27 Importance Rating: Medium 11 Sa,,,,,,~,~' of Objective by Goal Areas Goal Area LongSh°rtTerm?°r I Score Importance . The eight goal ' areas that emerged am as Develop Boynton Beach's identity or niche. I Long-term 2.50 High follows: Establish an Arts Commission to guide the development Ol : standaras and placement of public art and sculptures. 1 Long-tarm 1,18 Low ---stablish a Historical Commies on 1 Long-tarm 1.18 Low I Developing a commun ty iden W~ wi~h the City Commission to define the City's vision. Wh~l ' does "World Class" mean and is it really appropriate for Boynton ~uidlo~g-apprepriate dev'~lopm~nt and re: Beach? 1 Long-term 2.50 High ' · deselo~ment ~f Beyntan Beach. "Diffuse the perception of a barder between the part of the Cit ~ast of ~1-95 and those west of 1-95. I Long-term 2.00 Medium . Maloteining public heatth aed safety. Develop outline and action plan for the comprehensive plans for Federal Highway, MLK and Boynlon Beach Boulevard corddom. Engaglng and informing citizens and 2 Short-term 2.54 High ,~ Push forward on neighborhood overlay diathcta to facilitata re- DefJn!~, deVel[iping and t~ffning cammbnity Jevelopmant. 2 Short-term 2.30 Medium/High e'/enls a~d Cerebra ions. Implement independent CRA with appropdata my/aw - caPit~l-iin~mVentanttSeve~°pmg aha ~mp~emem~ngptog~am (oran~ublenecro fa~iVe I es ~spensibilitlas for land use changes in the CRA ama 2 Short-term 2.41 Medium/High,~ 6 and bu ~ hgs ~ · Find development groups or organization that have the necesse~ capital, resources and planning capacities ta partner with the Cih Enha.nclog Cit~omm sslop Ad~'i~ory Bdard ahd Ci!~/Staff ~elaffonshi~ and deveioping staff for redevelopment on the Fedem H ghwa¥ and MLK corridors. 2 Long-term 1.77 Low/Medium ~7 ~.n~,~ift,;,,= for teademhip ~nd q~allty.' Complete comprehensive review of Vision 20/20 Plan to update o~ Helpin~ review of structural changes ta Boynton resolve confficts with current planning initlaffves in City 2 Long-term 1.90 Medium 8 Beach ~ ~ysterh of gov~manse, Develop specific strategic plan on how to auhieve tree economi( development for Boynton Beach that includes strategi( partnemhips between the City, CRA and the developmenl community. 2 Long-term 2.45 Medium/High Position Boynton Beach to be an attractive place to live and work by assuring them am equal opportunities for all age groups. 2 Long-term 2.30 Medium/High Pmmote development in Beynten Beach that contributes to the diversification of he c ty's economy. 2 Long-term 2.63 High Foster livable ~u...unitles in Boyntoe Beach through enhanced citizen participation in the planning process, through renewed neighborhood based forums and n a e sector planning 2 Long-term 2.25 Medium T~.,.=,i'u.. the development rev/aw and implementation process in Boynton Beach to a facilitative approach as ~pposed to a I res~ctlve approach. 2[ Lon,cj-term 2.30 Medium/High ObjRecar"%,XlS I Commence annexation of property into Boyrdon Beach when makes sense to do so. ~ty program- T-- 2 ~ 2,17 Medium 3 S~ort-term__ ~ Medium~ 3 ~hort~term 0.50 Low g tclub ~'pe establishments. 3 Long-term 1 36 Low Provide minutes and a~eodas of Corem ss on and City AdvisoR Boards via the City's website. F"lnhiish system quarterly town meetings for membem of the Cit~ 4 Short-term 2.25 Medium Commission- Continue to improve public in[ormation methods for residents I( 4 Short.term 1.17 Low advise them of events, programs and sign ticant activities. 4 Short*tena 2.46 Medium/High Improve ~,-.,-~,,,= to citiZens for City ~,u,j~a~ a al. ich as ~;.~ bil payment at the police departhmnt after hours, registration fo~ recreation pregrams at the Heater Cente~;. Civic Center and othe; ~he Communtiy. 'HSli~lay Tr~e Lighting Program involving Ihe entire Community fa 'Low Beyrdo~ Beach in 2000. Energi~.e Ihe TNT concerts (to the beach,) and oammuaily ecent.~ I'-nitiate con~tn~,-t~On and proJacl management program at the staff · 6 Short-term 2.15 Medium O~Re~pSS.xls 2 Inventory all existing park properties for upgrade and 'efurbishment needs, include inventory of vacant c[y owned )amele for ~no~~ihla convers on into parks based on an open space ~d i:e~;r~at~oh' i~ster pion. 6 Long-term 1.58 Low Look at fea~ibi!itY of a Teen/Family community center to provide · such amenities as ~ucali~n classes, recreation and hobby center, 6 Long-term 1,18 Low meefln~ rooms and coltaral events or pro,rams. ReS~tive fdhding approaches for capit~'Hmprovement proiects 6 Long-term 2.50 High l r RelOCate op~rat~nal functions of Public Works oat of th~ reSEiei~tial district;: - .. . 6 Long-term 1.42 Low Deyelpg fi~alized plane for the Civic Center compicx that are _ complimentary to the Ocean Avenue promenade pmje,?~ ...... st 6 Long-term 2.36 Medium/High Resolve drainage problems at 8th Avenue ama as E erem= w~ nto L6ik~tevitie. 6 Long-term 1.t8 Lowr Res0 ve the cemetery ssue as to currant space needs expansion :)r cicSura of cemetaq/operations, · 6 LOng-term 1.85 Medium Upgrade all City owned buildings to the current fire and life safety codes and insure that all new city buildings, and buildings . h~f~nfia y renovated w be th y sprinkled in accordance with - - 6 Long-tarm 1,67 Low/Medium the cnde. · · Review role and function of al advisory boards to impr? .va wo~t~ints relaticnships~,vith~City~CPm[ois~icn and assure consmmncy u 7 Short-term 2.17 Medium C~ vision and goal De~/ek)p an effective 'endy-wam ng" i.;u,,.-[ion mechanism to th~ - Short-term 2.17 Medium ' ~-i~.Commis~iob on emerging proj-~et~ =~ed activities. 7 Foc~s on,specific sbolt-terfl] ~ls to mark progress ,.i;~. than umpi~g fmn~ ope ne~v--p-r~j~Ct-t~ ~n~{l~er:.' ' -'-~- :-- - ~ ....... 7 Short-term 1.6~ LOW Work with City Commission to ascertain their phiiecophy of 7 Short-term 2.67 High [~ovemanCe ;C0atlnge ~o~ develpp, effeciive communication betweed the serum execeti~e..~fal~,t~e-~ ~d ~e)ii fe~ei'bf*d6pii~n~ht;direct6rbciew:~ 7 - Short-term 2 73 . High ..,. -Encourage department heads to expedite pro~.~ms and projects even at the expe~ca of mak ~g an occasional mistake- 7 Short-tsrm 1.54 Low Etevel~p g~ working ralefiooshp and ~u.,.~.nica0on wtit ~O~elpp, and effsqtj~e work pg re atioosh p w th the Ch.~mher o ;ommem~' ......... - . . 7 , Long.term -., 1.94 Medium ntemolly, continue to develop the skills of employees by training mpd._'Lgl~_ enrichment work. Shift the fccus of wor~ from departments iml;B~t the G~S Sy~t~re' ...... . .... " ....... 2,00 Medium ~ ' ~j~_t.~e_ Enta[p.~mtio~n,s Team to keep doing the type m e ObjRec~~ ~'lls } Internally, continue to develop the skills of empthyee; bY tr;Ini~ng ......... and job enrichment W°rk. shif~ the focus of woh~ fr~m d~a~lment~ ~o inter-~epartmental teams, as'appropriate. ~ - "? ~ ~ ~' 7 Lone*term 2,~'-7 Ue,~,,m solve the term-limit Issue. 8 Lon~l:t~rm 2:27 M~iai~m Foster livable communities in B0ynten 'Beach thmugE e~il,ianc~c :ilizen participation in the planning process th-r°u~h 'renewe~ ~eighbortmod based fora~ ~d:i~ti~te s~ctor pla. nnti~: 2 Long-terra 2.25 Medium Pr~v de minutes ,a, nd agendas ~if C~,.,,ig~iol~ and (~ity Advisop~ ~)ards via the Ctiy s web ~tie, : : "' 4 Short-term 2,25 Medum C~n,,,=.~ annexation of property jato Boynton Be~ch ;;.~.C.~C il makes sense to do an. ' · 2 Long-term 2.17 Medium Review role and function of all ~advlScty hn~rd= tO Imemve work n~ relationships With city Commission' ~d ~se~r~ c~;iet,n~y w~ cib/vlslen and ~lOal~ _ : ' ' ~; 7 Short-tor~ 2.17 Medium C~evelep an effective "eady-wqroiog" in~'u ~iu~n rh,~c~,.i~,m to the ~y Cothmiss on on er~erg ng pi'~)Je~ts and activities. '-' , 7 ShorHem~ 2.17 Medium Complete site analysis a~nd )~u~ding c~ption review,for new lire r station in SE quadrant 0~ the dity. with d~e conside~ti~n ~ mplacin~l Statien I in~le NE ~uadtanl." ' ' :: ~ 6 Short- em~ 2,15 Diffuee '{he perception 01. e-b~pier ~=.".¥ccn the pal~ ~ the"City Medium east OFF95 and those West. 0f 1-95. t Lor;~' t~ .... Medium · p 'v ~rkiog relationship with the Chan~l~r O~ " . . Medium ' , 7 Long-term 1.91 Medium Complete con,l,,u;~,~,,sive rev ew of V Sien 20/20~ Plan tO ~ate 0t · '~ - r · esolve ~ontiictS With can:eat plannin9 idl~iatives in Cti,/ 2 Long-term 1.90 Medium ' Resolve the cemetef./issue aeto rdnrthil '~.~,~?e r:e~ids expan~len ~r closure of cemete~ operetions: ~ - ',"~ 6 Lbog-term 1.85 Find dave opment ~j~ups or,~ui,[Uiibn.that hav~ {he P~,~;~-,~ Medium :apital; resources and planning Capacities te partq.er with tile~(:liy br redevelopment on the Federal Higl~ay and;M£Ebmridbrs/~ ' 2 Loewi:term 1.77 Low/Medium Improve ~,'.'~.~ to ~ens for City prdgrams s~sh'a$.pffedpii bi paynm?t at the poiice d~paitment recreation programs at th~ Rester Cehi[~r 'qi~/jC' C~tar locations, .... ~-~::' ~: '~' ~ 4 Short;term 1.73 Low/Medium Enecrjize the TNT concert~ (to the baa.ch ) add cu , nn b. event,.- t~attractmomdive~i~6ft~h~commut~. ' ,'; ! 5 Shmt-term 1.72 Low/Medium 'Upgrade all City ewa~d b~ildings to th~ Curr~nt ti~'e ddd lif~ ~,~etj codes and insure that all ne~ city buildings,, and 'buJidi~g~ substantially renov~'tea will be ful y sprinkled, in accordance. W t . the code 6 Long. erin 1.67 Low/Medium Convene Charter review panel . 8 Short-term 1.67 L0~'. Focus On 'specific. short-term g0ali~ to mark prOgress rather thai' ' r iumpleg f~om one new project Io another, 7 Short-term 1.64 Low ObjRaca~? xls -- The eight god areas that 9overeatS- ' '- ~'~:'0~ } ?~'~{~ :g~ :~! ......... ~ ....... Guiding appmptiMe d~velOpm&t add re- PF~te deveiop~ht,,i~B~y,~g,:'B~ ~:~ ~ 2 Long-term 2.63 , High 2 development of Boynton Beach. ~ve 6p odt ne a~a aG[ibo:~l~'~r'ffi'& ~g [~ f~r ~-2 ShoA-term 2.~ High 3 Maintaini~g public health and safety. Federal HighwaY, ~E~aBd'e~h~on:~a~n-~,~%~::: ~ ., .: -; _ . . ' : Engaging and info~ing ~jtizens and "; '? ' ~ '(~;~ ~"~'~:~ ~'~ .1 Lon~te~ 2.50 High businesses. WO~ ~ith ~e Ci~ '~mJs~i~ to ff~.~}mi~?~'~Y~ . -' ' Defining. developing and refining ~mmunity ' J~s ~odd Cass" me~p.:~ i~ ~t2[~(~p~ .... ~ . kong,te~ 2.~0- High events and ~lebrafions. ' 3each? .... ~ ......... ~'* '""~'~ ~-~ ;~~ ~veloping and implemenfihg an effective ~tc ub~s sub~i~ ~OS S~h~?~ ~ :apilal improvement pr~mm for public facilities -~ ~'-" -~";: ..... ~" ~ ~';~'~ 6 Sho~-term 2.50 High ( ~nd buildings. ~missl~ ,~ ;...-..-~..,;..~: :~::: ~J'~::,, L~.-~J~;~,~.~- -~-.~ E.h~HG.,g Ci[y ~mmission. Adviso~ Board ~ ~ e ~ m rve ~b~ihf~afl~'~'~f~n~~t~ ' ' ' · :~-~-~ .... - adv se them Of evep~ derailment for '; ~py~f~ 'es~sb tee for ~db~b:~fi~n~sJ~e ~ ;.'~: 2 Shod-term 2.41 Mediu~HIgh - . ~ ;~[~ ~;;~st~~ ~'~;~2:~ . 6 '~hg~[~[~ -,2~33 . M~di~LUjgh ~os t on Bo~nton Be [~to be-;a~ afffa~ v~p ~,i~ ~:w~ " ' ,~'. ' ;' ~ ~:~'"~ ~?~ ~' .2 L~8~A~ 2;30 . aedJ~Bg~ Bo nton Beech t~ "a r~ricfive approa~E~ T :~: r~ ~:~ .... 2 ..... Cp,g-term 2.30 HedJum/Hj~h ObjRecapSS.xls Ihventory all existing park propediec for upgrade and refurbishment needs, Include inventory of vacant city owned parcels for possible conversion into parks based on an open space and recreation master plan. 6 Long-term 1.58 Low E~.~hr~e ~p~rt~le~t he~ids to expedite programs and projects even at the expense of making an occasional mistake. 7 Short-term 1.54 Low Read. ate operetiodal functions of Public Works out of the: ~sidectial disthct. , 6 Long-term 1.42 Low -Hdlid'.~!,'-Tth~-Ei~hti~ig Pthg/am mvolvihg Ihe ehtire community fo Boynton Beach ie 2000. 5 Short-term 1.41 Low ~;iarsy omi~a-ff~es regarmog e~eth~f-ai~i~lt~ite~lairiment an( nightclub type establishments. 3 Long-term 1.36 Low Allow the~Eht~q~rise OperatibnS Team to keep doing the type o teamwork things that they have peen so successful at recently. 7 Long-term 1.36 Low En~age the youth of the City in ways to get them involved ir evenls, programs and decisions, 4 Long-term 1.27 Low -~ti~e~6~-Eed'~'d~Jth'~s to da(e bn the median landscap~ conslruction and maletanaece for major arterial corridors an( residential pockets. 6 Short-term 1.27 Low "-E~a~li§li"~i-Ails cb'mnii'ssiei¥1[o-~ide the development 0 standards and placement of public art and sculplures. I Long-term 1.18 Low Establish ~ Histhfical Commission t Lon~-thrm 1.18 Low re~'et~'f&a~i~ility~0f'a~ Te&~Family cemthamty center to prOVide such amenities as education classes, recreation and hobby canter meeting rooms and catiurel events or programs. ' 6 Long-term 1.18 Low -Res-0k;e-tirain~'ag& p~r~l~"~' ~[~Sth~A~/egu~th~ ai~ it'dthin-s~/e~ ' - idlo Leisumville. g Long-term 1.18 Low Establiish System quartarly town meetings for members of the Cil Commission 4 Short-term 1.17 Low *B~acK to 3cirri: Tl~d~side-w-alks 'ih front~'ef Galaxy~ Elementai'y an~ Forest Park Elementary Schools oned repair. 3 Short-term 0.90 Low liii~to,:'e enthjways to Palm Beach Leis~reville with land,cap; improvements to ROW and private property with Ctiy ant association fondin~. 6 Short-tarm 0.54 Low ObjRecapSS.xls 6 MZNUTES OF THE REGULAR CZ'I'Y COMMZSSZI IV-CONSENT A~GENDA HELD TN COMMTSSZON CHAMBERS, CZTY HALL~ BOYN ON TUESDAY, AUGUST 1S, 2000 AT 6:.~ PRESENT Gerald-Broening> Mayor Ronald V~eiland, Vice Mayor William Sherman, Mayor Pro Tern Bruce Black, Commissioner Charlie Fisher, Commissioner KuKc Bressner, City Manager .lames Chet'of, Crt,/Attorney Sue Kruse, City Clerk OPENZNGS: Catl to Order - Mayor Gerald Broening Invocation - Reverend Bob Hahn - First United Methodist Church Pledge of Allegiance to the Flag led by Mayor Pro Tern Sherman Mayor Broening called the meeting to order at 6:35 p.m. Following the invocation, Mayor Pro Tern Sherman led ~the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRF;; THE COMMTSSTOp. , Ft'LL OUT THeE APPROPRZATEREQUEST FORM · GZVE Tr TO ~E cTrY CLERK (ON THE DAZS) BEFORE THE ~OPENI'NGS~ PORTZON OFiTHE AGENDA HAS BEEN COMPLE'i'ED. · COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME I'NDZV'ZDUALS MAY SPEAK FOR THREE UNZNTERRUPTED MI'NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. 2. Adoption Vice Mayor Weiland moved to accept the agenda as presented. Commissioner Black seconded the motion that carded unanimously. ~. ADMZNTSTRATZVE: A. Appointments to be made: Commissioner F'~her. pointed out that with the exception of the Code Compliance Board, the membership terms of all of the remaining City's advisory boards expire at the end of March to coindde with the City election. He asked if it would' be possible to extend the terms of the expidng members of the Code Compliance Board so that all boards would expire at the end of March. REGULAR CTI'Y COMMZSSZON BOYNTON BEACH, FLORIDA AUGUST 15, 2000 could extend the currentterms. He,further explained~that Motion Commissioner Fisher moved to extend the current members on the Code Compliance Board to conddewith everyone else. ViceMayor Weiland seconded the motion. Commissioner Black questioned whether thi~ tern would: have to the form of an Ordinance; Attorney ~rof fespond~i ~atively~:s~nce~he!-!,~sti~gi~iuramance would cover th~s ~hange~ The motion carded unanimously, Appointmen~ To Be. Made tv Black Mayor Broe~ing ! Weiland Mayor Broening [1! Sherman IV Fisher Mayor Broening ! Weiland [! Black :Length of Term Board , Expiration Date Childm~n & yoath Advisor' Board Att 1 y~term to;4/01 Ch ~ren & Youth:AdViso~ Board Stu/~eg~/0~Jng , ,~, Yr:~m~-.~4/01 Bldg, Board of~Adjustmen~ & Appeals Nt I Weiland Nuisence Abatement Board Reg 2 yr term to 4/02 II Black Nuisance Abatement Board Alt [ ~/r termto 4/01 Tabled (2) Vice Mayor Weiland appointed' li~ as a 'Student member ,of the Education Advisory Board. All remaining appointments were tabled, III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B, Presentations: 1. Prodamations: MEETING MZNUTES REGULAR CZ'fY COMMZ~ON BOYNTON BEACH~ FLORIDA AUGUST 15, 2000 a.. "Non-Violence Weak in Palm Beach County" - August 20-26, 2000 Mayor Broening read a Proclamation declaring the week of August 20-26 as "Non-Violence Week in Palm Beach County". Rrefighter Appre~ation Weak - August 28 - September 4, 2000 of August 28-Septernber 4 as John Guidry, Utilities Department. OdentaUon PowerPoint Presentation - UUliUes Department : of these minutes on file 3. Prese!~ta~on of Pr~lJm!~a~y 'Report on a new Teen Center by the Advisory City Mana appear on a f the agenda in error. It will I'V. CONSENTAGENDA: Vice Mayor Weiland requested that Item lV-C.I.b, be removed from the Consent Agenda for discussion. A. Minutes: Agenda Preview Conference of July 27, 2000 Regular City Commission Meeting of August 1, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted BUdget Extend BID #087-2510-00/KR for "TEMPORARY LABOR SERVICES" for one additional year to Tandem Staffing, with an esldmated annual expenditure of $10,000 Extend BID #086-2510-00/KR for "MOBILE REFUSE CONTAINERS" for one additional year to. Schaefer Systems International, Inc., with an estimated annual expenditure of $10,000 ME= ~ xNG MZNUTES REGULAR C~TY COMMiSSiON BOYNTON BEACH, FLORIDA EC[U pment, Inc. 4. Approve the UNUSED HYDRAULZC Porche Fire to Harley- 2001 FLHP-1 C. Resolutions: ~roposed Resolution No. R00-[15 ~e: : Ratifying the action of ~ SOuth Central Regional WaSteWater Trea~fnent and DiSposal Board on July 20, 2000 as follows: be Authorization for Chairman to sign interlocal agreement between the ional Wastewater of 24" interlocal pipeline crossing; Authorization for char man to sign special warranty deed transferring from $CRWT&DB to Palm Beach County a 40 w de tract of land on Golf Road west of Congress Avenue At Vice Mayor Weiland's request, Item IV-C.l;b. was removed from the Consent Agenda for discussion. c. GRI'T Claims Member Authorization to expend $26,000 from Surplus Fund to settle injury claims Eddie F. Adams vs.;SCRWT&DB; 4 MEE'r/NG MZNUTES REGULAR CITY COMM~SS'rON BOYNTON BEACH,. FLOR:TDA AUGUST 15~ 2000 Authorization to expend $8,000 on an emergency basis from Repair & Replacement Fund to rePlace 1,200 amp breaker for unit sUbStation #3; Authorization to expend on an emergency basis from Repair & Replacement Fund $2,000 to purchase five alarms to enhance the chlorine system; Authorization to expend ~rom Repa r & Replacement Fund $2,780 for R°YBe, Inc. t0 repa r roof in the Administration Building; rate to cities for Fiscal Operations & Maintenance Sinking Fund $0.5425/1,000 gal. $0.1500/1,000 gal. TOTAL $0.6925/1,000 gal, Authorization for acceptance of 2000/2001 wastewater and reuse O&H budgets and wastewater repair and replacement expenditures; and Approval of corporate resolution allowing the Executive Director to enter into a .three-year lease agreement with Saturn of Delray for a LW 6 cylinder wagon at a rate of $275.50 per month. = Proposed Resolution No. R00-116 Re: Authorizing the Mayor to execute the Development Regions Round [V Core Grant Agreement with Palm Beach County for the/~fY£moZTbrL~project RaUficafion of Planning & Development Board Action: Woolbdght Professional Plaza (Nguyen) - Woolbright Road approximately 650 feet east of Congress Avenue - Request for a height exception from the Oty's Land Development Regulations, Chapter 2, Zoning, Section 4.F. 1, to allow a five (5) foot increase from the maximum twenty-five (25) foot height limit required within the :C-1 Office and Professional Commercial zoning district Woolbright Medical Building (Freeman) - Woolbright Road & 22ne Street (northwest comer) -Request for relief from Chapter 2, zoning, Section 6.A.3. limiting themaximum building height to 30 feet to allow a 9-foot variance, or 39-foot high building s MEETING M~NLriT. S REGULAR CI'TY COMMI~SS~ON BOYNTON BEACH, FLoRiDA AUGUST ~5, 2000 ,5, Article i~ (and create of in the amount Reserve o~ Motion Commissioner seconded the as amended. Commissioner Fisher CONSENT AGENDA I"TEM.,FOR DISCUSSI~ON: ~V-C.l.b. to sign special warranty deed Beach County a 40' wide tract ( Avenue Vice Mayor Weiland said he didlnot attend:the: SCRWTD Boar? meeting when this item .w. as discussed. He asked ~h' Haggle~ daftly the location of this 40 wide strip of land and whemer or not this item pertait~l to Qua[l~Ridge notputting a beckflow valve on the r property. Mr. Haggle explained that this strip of land, beg!ns approximately 200' west of Congress Avenue along Golf Road. Zt wasI needed!when.thedeciSiO~ was made to install the reuse system. The tra~ of land was 40' wide and. BOOr long. Twen~ ~ of the 40' width was. in ~e road. d.g .ht-of~ way. Palm Beach Coun~ WOuld like to use this property and they have alreaoy graoea' it ano planted grass. The SCR~'TD Boa.rd. atterney~ a~d that if ~,, me~_n_e.,w.e, re. hu~ i.n ~is. area; the SCRWT~ Board would have liability. Ther~or~: this 20 x bUU scrip or lana nas oeen transferred to the County. No moneywas involved Commissioner Black seconded the Proposed~ Revision to Beach Pass Pricing (August 15, 2000) Motion Vice Mayor Weiland moved' to approve'Item motion that carried unanimously. V. CZTY MANAGER'S REPORT: A. 6 MEETING MZNUTES REGULAR CZTY COMMI'SS~ON BOYNTON BEACH~ FLORZDA AUGUST 15, 2000 City Manager Bressner advised that staff is recommend ng that the Commission approve an increase, n the ibeach deca price from $I0 to $20 for residents and increaSe the seasonal beach $60; Mr. Bressner noted that this increase is a'modest adjustment. $50to Commissioner residents. dties offer special rates to non- end of their beach. Mr. Bressner ~ Beach in e to maintain the "Best since the Commissioner Black r Vice Mayor Weila the beach parldng fees. dissented.) Attorney Cherof advised that he would ead the Ordinance later n the meeting, B. Health 15) 2000) pending discussion City Manager approve an insurance history. impact of the premium increase. unheard of today. deductible, proposal would a broad choice costs up. To date, exposure to claims HMO have blending to avoid very high ' continue with th~ The City budgeted a ~ to recommend that the City Commission the City because of our claims ., has a $100 deductible which is ~;300 per individual/S900 per family urn, the recommended is that :the participants have program has driven the premium and PPO: In reality, the cost the HMO. The partidpants of the the If the City were to 25o/0. vere able to negotiate. 7 MEETING MI'NUTES REGULAR'CI'TY COMMTSSION BOYNTON BEACH, FLORZDA AUGUST 15,2000 ,the claims Mr, Mr. Bressner responsible. Motion ~?~ld result in Re ) increase. Although a number of not~ fe~l that would be Vice Mayor only as the original like two Corer edited This issue was information is attached to Weitand would which his quote was covered under his wife's company in an MEETING MINUTES REGULAR cTrY COMMZSSZON BOYNTON BEACH~ FLOR,iDA AUGUST 15~ 2000 effort to keep costs Iow. Because of misappmpdaUon of funds, he had to pay cash for the birth of his son. C. Strategic Planning/Goal Setting: City Manager Bressner reported that a strategic planning session was held and 55 objectves were identified and will be prioritized. (A copy of the objectives s attached to the odgina set Of these minutes on file in the C~ Clerk's office.:; - - V~. PUBliC AUDIENCE: Steve Mvott, 30~2 Fernw ~_o~a is a member of the- planning & Development Board. He said he was attempting to make peace between the City. CommisSion and the Planning & Development BoM. He felt ~at the major [~ue was the role of the P ann ng &Deve opment Board. He said iris the board ~ respon~il~ilityi~ focus on 'the app ications. The members of the board §ring expeCdse to the City that the CcirhmissiOners may n~t have. He commended board chairman, Lee Wische, for the Way the meetings are conducted. When the members make suggestions tO applicants, t is done in the interest of the Cty. The board' members want the Ci~ to look its ~. Mr Myott pointed out,, that plann ng and development boards n other cities meet: in their, Commission (~hambers, ! He r~questec~ that the Planning &,Deve oPment BOard, be mbved,back intb the Commission ,c~ambers; Vice beCome, [he ~,oom is a very comfortable room. This topic has order in mind. He explained that meetings are held at the He suggested that the Village Royale on the Green Boan recommendations. Hr. Wische said the volunteer boards give of their time ridiculous, ob~ectiohable and unjustified. Hr. Wische pointed out that Commission Chambers is a beautihdl r the Planning & Development ~he City Commissioners 99% of the board's ,for personal reasons. Hr. Wische energy to the City. He finds this treatment anning& Development Board. on people. Hr. Wische so that there are too many would have to be moved to Mr. Wische said the Planning & Planning & Development to serve on the board and MEEI'~NG M'rNUTES REGULAR CITY COMM/~SS~ON BOYNTON BEACH, FLOR/DA AUGUST 15~ 2000 bring experience and education to the board. but is concerned'that there more concerned about that the job is issYe. Location: 32! ~ Confllct,;Of~nterest~.f:Orm and he wou d a dtiZe~' :com~erfiB ack;i,W,~Id -i~ di~6n and~vote 'on this quasi-judicial Fence~Yar;iance I, Section ~, General maximum front yard (1) foot variance or a that is oroperW. He learned would cut down the' them down ~ requested He said he bought ~his proPerty that is 25' x 53' existed on 'the had never been a fence on !this 25'of the sidewalk. However, he : he would agree to would have to cut ' setback. Mr. Black corner MEETZNG MTNUTES REGULAR CZTY COMM/'SSTON BOYNTON BEACH, FLOR,TDA AUGUST 15, 2000 of the building where a gate would be instal ed, This fence would be installed on the inside of the Areca Pal~ns and would not be vis ble from the roadway, He urged the Commission to approve his request. Vice Mayor Weiland asked whether Mr. Black had considered installing a child protective fence around the: pool and a 4' fence around the property. Mr. Black sa d this suggestion Was considered, but it was determined that the beauty of the house would be destroyed if that was done, Mr. Black explained that this is a unique piece of property. Vice Mayor Weiland was uncomfortable with this s t,u, ation and quest oned whether an option of a child protective fence would nega.te .Mr. Black~ 'hardshiP. Attorney Cherof responded negatively and explained that staff anal~s al o~ rife' elements,that are required for granting a variance. Attorney Cherof pointed out tJ~atstaffrec6¢nize~ thsSituationasbeing unique. said this Beach. variances to occur hardships. t the difficulties mind since he: came to Boynton One of the Code to allow at the present time with respect to Mayor Pro Tem Sherman said quoted from the minutes of the Planning regarding people who wished to speak on the item. Mayor Pre Tem ;~ asked to do something when there ~s a neighborhood objector. Mayor Pro Tem Sherman did not want to take sides on this issue. Hike Rumpf, Planning & Zoning Director, explained the process involved in seeking a variance. He confirmed thai: property owners within 400'of the affected parcel are notified in advance of the hearings. Mr. Rumpf said that if the Planning & Zoning Division receives objections that provide relative ir~ormaUon, copies are provided to the board chairperson and the Recording Secretary. Commissioner Fisher pointed out that staff and the Planning & Development Board had no objection to this application. MoUon Commissioner Rsher moved to approve. Hr, Black referred tothe issue of hardship. He explained that his hardship involves the fact that his neighbor threatened to kill his wife and children. His children are afraid to go out in the yard and want to move back to their old house. Vice Mayor Weiland sympathized with Mr. Black but pointed out that although staff'and the Planning & Development Board approved the request, the Commissioners would have to take a 11 MEET/NG H1'NUTES REGULAR cTrY COHMZSS~ON BOYNTON BEACH, FLOR/DA AUGUST 15,'2000 "hit~' ~ t~ls i~u:e.-He said he was, not comfortable with, this request and would like another way amUn thi~ , Attorney Cherof explained that there was no other way around this issue. ,Vice Mayol~ Weiland seconded the motion that carded 3-1. (Mayor Pro ~,Tem dissented~) ! " Sherman Vice Mayor site plan approval to construct a to an existing building for a business lng and shipping of meat The from the applicant. MoUon Commissioner Fisher moved to approve. Mayor Pro Tern Sherman seconded the motion that carried 3~0. (Vice Mayor Weiland and Commissioner Black were away from the dais.) V~I"J. FUTURE AGENDA ~TEMS: Ce Minimum Landscape Standards Ordinance (August 15, 2000) Authorize the sale of a certain portion of the City's utility service area (generally known as Biltmore Terrace) to Palm Beach County Ufili_ties, and to .establis..h a. new service area boundary between the City and the ~,ounty basea upon mac sale (',oR~PO,¢~'O ,~,,¢O4ff/'J'ONNO, ROO-) (September 6, 2000) proposed Resolution No. R00-99 Re: [nterlocal Agreement establishing water and wastewater service area boundaries (September 6, 2000) Future Annexation Areas (September 6, 2000) Report on Implementation Options for Stormwater Fee Structure covedng CBD Area tributary to Pond "B" (Bept~mber 6, 2000) 12 MEET'ZNG MZNUTES REGULAR CZTY COMMi'~ON BOYNTON BEACH, FLORZDA AUGUST 15, 2000 Review of Proposed Interlocal Agreement with School District of Palm Beach County to establish publid School c0ncufrency (September 6, 2000) Review policy for cemetery late arrival fee and space requirements (September 19, 2000) H. Agreement Beach County, the City of Boynton Beach 'and the and construction of the 1913 Exhibit Report on Proposed Criteria~regarding CPA Membership (October 4, 2000) Proposed Policy for Community Act v ty Grants K. Status of Enforcement ?f Non-conforming Freestanding Signs with Update on Wall Sign Inventory Wore (October 3, 200~) DEVELOPMENT PLANS: None X. NEW BUSINESS: None X]L LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEARING Proposed Ordinance No. 000-41 limits for Oty Commission Re: Modifying the term Attorney Chemf mad Proposed Ordinance No., 000-41 by title only. MAYOR BROENZNG ANNOUNCED THE PUBLIC HEARING. Dee Zibelli, 440 (::)~q Parkway reported that the members of Citizens for Good Government were polled' and they support two three-year terms of office. She urged the Commissioners to put this issue on the ballot. Lee Wische. 1302 SW 18m ~ is opposed to this Ordinance because it is self-serving unless it becomes effeddvea~cer all of: the present Commissioners are out of office. Mr..Wische said the terms of the present Commissioners should not be extended because they have been serving for :[1/2 years and have not accomplished anything. z3 ME" ~zNG MZNUTES REGULAR cTrY COMMTSSZON BOYNTON BEACH, FLOR,TDA AUGUST 15, 2000 said one of the biggest problems we have in but feels this should be Ehzabeth 3enk;ns,~ ?~l.rNW 1 Street, urged t e Commissioners to "g veus a break". from serving an change the motion, hat amendment to date. Motion Commissioner Fisher moved to reconsider. Nayor Pro Tern Sherman seconded the motion. Hayor Pro Tem Sherman said that the upcoming November election is the proper time to put this issue on the ballot because 12,000 Boynton Beach residents will vote. The usual turnout is only 4,000 to 5,000 voters. Mayor Pro Tern Sherman wou~d be interested in what the people would have stated. This Ordinance was not proposed to be self-serving. Vice Nayor Weiland said that delaying implementation of the Ordinance would stall Boynton's forward movement for three more years. He said there are people who do not went to see change in Boynton Beach and this continuous turnover of the Commission stalls progress. He explained that he teok on ~is job te help the OW move forward. He said he could be spending his time at home with his family instead of ge~ng beat up by,people on a bi-weeldy basis. Vice Mayor Weiland said it is not fair, at thistime, fer anyof the Commissiqr~rs to state whether or not ~hey plan te run aga'm for office in March. However, he steted that he is not ,intere~ed in running next March. Mayor Broening said he is a proponent of doing away: with term limits completely. However, he voted against this Ordinance twice because he disagreeswith:the prOCess. . The motion to reconsider carried 5-0. 14 ME= i xNG MZNUTES REGULAR cTrY COMMTSS~ON BOYNTON BEACH, FLOI~DA AUGUST 15, 2000 Motion Commissioner Fisher moved to amend the Ordinance to commence on the Election of March 2003. Vice Mayor Weiland seconded the' motion. City Clerk Sue Kruse polled the vote. The vote was 4-1. (Mayor Broening dissented.) Proposed Ordinance No. 000-43 member voting districts Re: Instituting single- Attorney and the tmendment to Section 4of the-Ordinance :titie the last City regretted making or thoughts on the matter. Motion his comments at He stated that he but that did, not~chantge his opinions Vice Mayor Weiland moved to approve the amendment: Mayor Pro Tem Sherman seconded the motion. City Clerk Sue Kruse polled the,vote. The vote was unanimous. Commissioner Rsher said Lance deHaven-Smith was very articulate in explaining that single- member districts could split the cOmmunity, in 3uly, when the Census comes out, the districts will be realigned. At the present time, the minority vote is split between Districts Il and iV. If single-member voting districts are instituted, it would split the minority vote in half, Commissioner Rsher feels this is one community and the districts should not be split. Comm. i~io.n.e.r .Black re_l~0rted ~at he has received many calls over the past two weeks with regaro [o mls:~ssue, 5ome of the callers said single-member voting districts are needed to break up the voting block and other callers ~said this was nec~ry to get a minority on the COmmission. Commissioner Black feels :~both of these masons are wrong. Uke t or not, the voting blocks work hard to get their peop e Out to vote. ]'n Commissioner Black's opinion, we need to have one Beynton B~ach. Mayor Pro Tem Sherman said the process in Boynton Beach is wrong. The citizens need to vote for the peopei ' ' ' n their districts, in that way, we wdi break up the voting bocks. Commissioner Fisher feels there would always be someone campaigning harder. Blocks are part of our government and they can be beaten with hard work. MEE'r'[NG MINUTES REGULAR CI'TY COMM~.SSTON BOYI~rON BEACH~ FLOR/DA AUGUST 15~'2000 V ce Mayor Weiland had trouble understanding why this is such a difficult topic. Although the voters i~ their Own districts will elect Commissioners, he cannot imagine that the ¢ommi~oners would n0~t lookq~t~for the entre aty as ~:wh01e; ~Vi ~c~.: MaYor Weiland does~not ~et[eve;single- Fisher believes that if ers are elected to represent specific districts, ~ca MoUon would feels and because they would and less expensive 3rdinance No. 000~,3 as amended, Vice p~lled the vote. The ,vote was 3-2. Re: Authorizing Building Cod~ Attorney Cherof read p~oposed ~inance No. 000~ by title only. · THERE WAS NO ONE PRESENT WHO ,WISHED ~O SPEAK ON,THIS ORDINANCE. ] an 16 HE= m xNG MI'NUTES REGULAR c,TrY COMt4ZSSZON BOYNTON BEACH, FLORZDA AUGUST 15, 2000 Vice Mayor Weiland moved to approve. Mayor Pro Tern Sherman seconded the moUon. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1~ Reading Proposed Ordinance No. O00-2~, Re: Amending Land Development RegulaUons, Article II, Chapter 21, Section 3. to a low billboards in PUblic use districts on property owned by the City and :~N 4/4/00 --. H/ZZZ WORKSHO~ ~hT~NG Attorney Cherof requested that the COmmission remove Ordinance No. 000-24 from the agenda since there are no immediate plans to bring this issue before the Commission. Motion Commissioner Black moved to remove Proposed Ordinance No. O00-2~, from the agenda. Commissioner Rsher seconded the motion that carried}unanimously. Proposed Ordinance No. 000-46 Re: Amending Chapter 16, Article 11 City Parks and; Beaches, by amending Section 16-82, Policy No. 1 and No. 3; increasing annual beach parking permits and related fees and clarifying issuance policy Attorney Cherof read Proposed Ordinance No. 000-46 by UUe only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-46. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 000-45 Re: Amending Land Development Regulations, Chapter 20, Article II. Electrical Code, by adopting the I999 National Electrical Code and the Boynton Beach amendments thereto Attorney Cherof read Prolx~-~d Ordinance No. 000-45 by title only. Motion Commissioner Rsher moved to approve Proposed Ordinance No. 000-45. Commissioner Black seconded the moUon. City Clerk Sue Kruse polled the vote. The vote was unanimous. 17 MEETZNG MI'NUTES REGULAR CTTY COMMI'SS~ON BOYNTON BEACH, FLORIDA AUGUST iS, 20o0 C. Resolutions: None D. Other: None . - None - XZZZ. OTHER: None XZV. ADJOURNMENT: There being no further business to come before the Commission, Commissioner Fisher moved to adjourn the meeting. Commissioner Black seconded the motion that carried unanimously. The meeting properly adjourned at 8:35 p.m. CFI'Y OF BOYNTON BEACH Mayor Vice Mayor Al il=b'T: Mayor Pro Tem City Clerk // I:~'puty City aerk L..,'(~ree Tapes) 3MP Commissioner Commissioner ~ 18 Requested City Commission Meetin~ Dates [] July 18, 2000 [] August 1.2000 [] Aagust I5, 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ha to City Clerk's OfiSee July 6,200C (5:00 p.rm) July 19, 2000 (5:00 p.m.) Auguat 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Meetine Dates [] September 19, 2000 [] October 4, 2009 [] October 17, 2000 [] November 8, 2000 IV-CONSENT AGENDA ITEH B.1 Date Final Form Must be Turned ha to City Clerk's Office Sepmmber 7, 2000 (5:00 p.m.) Sept~nber 20. 2000 (5:1)0 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p:m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve the "piggy-back" of the U.S. COMMLrNIT!~S, GOVERNMENT PURCHASING ALLIANCE CONTRACT gRQ00-341~60-16C to MICRON ELEcTRONIcS LNC. for purchase of computers in the amount of $25,446,00., EXPLANATION: Procurement Services Division has received a request from Utilities Deparanent to use the U.S, amc mscounts on selected products based on the collective purchasing power of local governmentlagencies nationwide. U. S. Communities provides an alternative to multiple bid processes and contracts by establishing a competitiveiy bid contract through a single lead agency. This program operates sit, lax to our local CO-OP Program bur on a nationwide bas~s. Procurement Services Division requests ComnnSsion's review, evaluation and approval. PROGRAM IMPACT: This purchase will be used for planned computer replacements within Utilities Deperunent. Currant computers will be used in less demanding positions, or if obsolete, they will be phased out. FISCAL 13II'ACT: Funds have been allocated in the Utilities Department FY1999/2000 budget as follows: Account Descri_ tion Account Number Budeer Balance Renewal & Replacement- Water 405-5000-590-96-02 $ 30,000.00 $ 14,284.03 Renewal & Replacement- Sewer 405-5000-590-96-04 30,000.00 14,284.04 ALTERNATIVES: Seek other sources for the computer purchases. Deputy Director of Financial Services Procurement Services Division Department Name cc: John Guidry - Utilities File Cltv'~Ienager's Stgnature City Attorney / Finance / Haman Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities#00-160 TO: FROM: Bill Atkins Procurement Services i'ohn Guidry: Utilities Director ~ DATE:; .July 26~ 2000 SUBJECT: Piggy-backing U.S. Communities Contract Purchase replacement computers Agenda Item The Utilities De~artmem:in the 99/00 budget set aside $60,000.00 for computer replacement~ ifl~ Re~al and Replacement' account. Attached is a requisition for 15 desktop computers, Ptarn~-~ed replacements throughout the Utilities Department.. The ,, current unit~ are ti) be either used for less demanding positions, or if obsolete, mey win be phased out. The Utilities.~ep~n~ previously su~mitted U.S. Communities G.o:.ve. rnm_em Purchasing Alliance information for review on June 1, 2000. The Utilmes Department would like to piggy-back the Computer contract #RQ00-34t360-t6C under this Alliance. Participation Certificate that needs tO Contract. Funds are available in account numbers 405-5000-590-96-02, WTR017 and 405_5000.590-96-04, SWR011. cc: Terry:R°~e REQUEST F0i~ REQuIsITION REASON FOlq R/plaeement C0mputer~ Conlract # RQ00-341360-16C Name: Micron Inc. Address: P.O. 9417-~-'- Chicago, IL 60690 Phone (co./~0: Zane Bowerman 1 (800)245-2449 Ext: 33044 Vendor Number. INITIATOR: Diena Neville APPROVED: DMSION: (x) () ( () ( () () () () () SUBMiTtED: Quot~f~rerbal ( ) () ( ) a0 (x) () () (x) ( ) () PrO 99 () ( ) Special insa-~cfions: Unit Price Micron 625 Stmtfo~ Suite 2000 PHONE: 1-~00-245-~2449 Micron Govemmeflt C~ttputm' P.O. Box 94170 CHICAC~. IL 60690 Inciude Ref. No. 50549755 on Che~ or Bill To: CITY OF BOYNTON BEACH, 100E BOYNTON BEACH BLVD PO BOX 310 ~ ' 8OYNTON BEACH. FL 33425 FL 33425 83642 QTY iD t5 CFG106209'1 ~ 1CSE001532-00 1MOD001585-00 1HDI00~1458..00 1CCD001173:00 1FDD001052~00 1CDi001 :i 87-~O 1VCD001384~-~O 1MNNO01 ~5-00 1 KBR0011~2,-00 1MOU001040-00 S Ooo2o?z 1SCM0O1,488-~0 ISPK001006-00 ~!OO1023-00 1NWO0012~2-00 t5VC0019~c00 1510001025-00 1LAA001598.O0 1SVCO01963-OO 1WAR001035-00 1~C~19~0 MAX GS133 MID-SEZE TOWER CARD ~ CARD 16.01N VlEWABLE .26 DP) MICRON UNIVERSITY J INTERNET SERVICE NT4.0 ;PEAKER 5ERVI~E I~RViCE NONE ~m~'lSERWC 3COM3C905C 10/100 PCl NETWORK CARD NEXT BUSINESS DAY ON-SITE lb'T. YEAR (DT) SYSTEM BIOS CUSTOMER SELECTS NO ASSET TAG CONNECTEDSUPPORT.COM sun~ 1.1w MICRON 5/3 DESKTOP UMITED WARRANTY NO ADDITIONAL SERVICE OFFERING AVAILABLE Micron Electronics 'Inc. Micron Government ComputerSystem$ Inc. Date: 7/26/00 Cust No: 1556 P.O. Ship Via: Other Reference No: 50549755 Salespem°n: ZANE BOWERMAN Micron Government Computer P.O, Box 94170 CHICAGO, IL 60~90 Include Ref. NO. 50549755 on Check or SALE MOUNT $25,446.00 ~HIPPING $0.00 SALES 'lAX $0.00 TOTAL $25,446.00 State/Local Gov. or Public Education Le_=_=e: $797.99. Esfimat~l ship date is based upon approved credit. IF TAX EXEMPT, CERTIFICATE MUST BE PROVIDED AT TIME OF PURCHASE. (NOTAPPLICABLE IN MINNESOTA) Micron PC: U.S. Communities Government Purchasing Alliance (GPA) Page 1 of 2 Contract# Rq00-34],360-~.6C Products Coupled with theU:S. ' Communities rnment Purchasing Alliance As an aPproved supplier to the U.S. COmmunities Government Purchasing Alliance (Contract# RQ00-341360- 1~6C), N icronTM offers award-winning computer products and techno ogy services. U.S, Communities is a non-profit instrumentality of government, jointly sponsored by the National Association of Counties, the U.S. Conference of Mayor and the National Institute of Governmental Purchasing. USC has established a technology purchase program to leverage the purchasing power of government agencies nationwide. Fairfax County, VA, on behalf of U.S. Communities; Los Angeles County, CA; and all government agencies nationwide issued a competitive bid for name brand computers and peripherals, software, consulting and ~elated servmes. The bid included language that allows all government agencies nationwide to access the resulting Haster Agreement, MGCS was awarded a Master Agreement through this competitive selection process. All agencies desiring to buy under the U.S. Communities Government Purchasing Alliance will complete a Participartion Certificate (PDF form) (Word97doc} prior to the first purchase. Please prin~ out a copy of the certificate, sign and fax to MGCS at (208) 893-7010. Buyers will be given a contract nu tuber that is required in order to buy directly; Users of this Web site can Notebooks Servers · Certificatior~ · Hic~on U · ~aec Sheet · Online Resource · Warranty Info . Year 2000 ~ · All agencies desmng to uy under-thi tl;S. CommUnitieS Government PuPchasinc~ ~lliance will c0mp[e~e a participartion Ce~ifi4~?Ttde~,lrPDF form~ ~ prior to the first purchase. NACO https://msites.micronpc.conl/STATE/GovernmentPurchasingAllia/index'html 7/26/2000 Micron PC: U.S. Communities Government Purchasing Alliance (GPA) Page 2 of 2 buy direct from Micron Government Computer Systems, Inc. at slgnificarYcly discounted prices. Our goal is to work with you to remove the day-to-day hassles in computing so that your organization can stay focused on providing quality community and governmental services. But MGCS support goes "Beyond the Box" to provide the full range of installation services (Hservices), training (MicronU), Web hosting and Internet connectivity services (Hicron.net). For example, Hicron U offers the U.S. Communities Government Purchasing Alliance access to hundreds of online classes, tutorials, and seminars helping to build powerful users and reduce organizational training costs. As a U.S. Communities Government Purchasing Alliance ~lsite customer, you can capitalize on the benefits of Mservices, a complete portfolio of enhanced support and professional services that enables you to plan, implement, support, and manage information technology. _USMayors Order Status To find the status of a recent purchase, enter your order number beJow. For volume pricing and monthly specials or to learn more about these solutions, please contact your dedicated U.S. Communities Government Purchasing Alliance sales and support team. Email Us Call 1.=800-952~6198 for toll free phone ordering. © 1999 Micron Electronics, [nc. All rights reserved. Leeel information, https://msites.micronpc.com/STATE~GovemmentPurchasingAllia/index.html 7/26/2000 Requested Ct~y Commission Meetin~ Dates [] July 18; 2000 [] August 1,2000 [] August I5,2000 [] September 6, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH TI'EH B.2 AGENDA ITEM REQUEST FORi. Date Final Form Must be Turned in to Cit~ Clerk's Office July 6, 2000 (5:00 p.m.) July 19. 2000 (5:00p.rm) August 2, 2000 (5:00 p.m.) August 16, 2000 15:00 p.rm) Requested City Comm/ssion Meeting Dates [] September 19,2000 [] October 4, 2000 [] October 17. 2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 5:00 p.m., September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.rm) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECO1VIMENDATiON: Motion to approve Data Ftow Systems Inc. for the purchase of radio telemetry system equipmeu~ for Fiscal Year 2000/2001 with estimated expenditures of $135.D00.00. EXPLANATION: Procurement Services Division received a request from Utilities Deparmaent m use Data Flow Systems [nc. for the purchase of radio telemetry system equipment. This is a proprietary system that was selected by Utilities Department in 1988 to provide radio telemetry equipment which consists of pump control un/ts, radio and power supply boards. Procurement Services Division requests Comraission's review, evaluation and approval. PROGRAM IMPACT: The telemeter eqmpment is essential to the monitoring and control of all lift stations and well field sites. FISCAL IMPACT: Funding is available hi various Utilities Department accounts as follow: Account Descriotion Account Number Budget Renewal and Replacement 405-5000-590-96-04 $ 90,000.00 Equipment Maintenance 401-2816:536-46-20 35,000.00 Replacement Parts 401-2812-536-52-75 5,000.00 Equipment Maintenance 401-2812-536-46-20 5,000.00 ALTERNATIVES: Seek other sources for the radio telemetry equipment. ~ Procurement Services Department Name cc: John Guich~j - Utilities File S:kBULLETIN~FOKMSkAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources MEMORANDUM UTILITIES #00-t67 From: Date: Subject: The Utilib ti thai Bill Atkins Procurement Services John Guidry Utility Director J:uly 25, 2000 Data FlOw Systems, Telemetry Equipment pricing agreement uires the mort toring of all lift, station and well )n a radio telemetry system from Data Flow ;ipment consists of a PCU boards as Well as other components. n ~1988to replace Seiscor purchase ed aU lift stations and wel[fleld sites. During this ~ an invent0~ of this.equipment for stdkes or FP & Lsurges. In the Past we of 10% spare parts on hand, experience has determined mentioned partsare on hand. This is an on renewal and replacement as well as equipment The Utility .Department is recommending authorization to spend $135,000.00 for Data FlowEquipment in vadous account$.'Funding is available in account#405- 5000-590-96.04~. Wastewater Renewal and ReplaCement for $90;000.00, #401- 2816:536-46.20 Wastewater Equipment Maintenance Mr $35,000~00, #-401- 2812"536-52.75 Water ReplaCement Parts for $5,000 00 and # 401-281.2-536- 46.20 Water Equipment Maintenance for $5,000.00. Attached is a one-year price list with Data Flow on parts and service. Please preSent this at the next City Commission meeting {or their approval. If you have any questions contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421. Attachments CC Mark Law Tony Lombardi Jim Harmon Barb Conboy Geroganne Barden To: From: DavidV~alker 321-25g-4006 07t31:~0 16:48:50 Page2of4 ~ Sent bythe Award Winning Cheyenne BiN/are DATA FLOW SYSTEMS, INC. LIST PRICES Prices honored until 08t2001 Prices do AC Packs,(~s, SCUS~MCUs) & BPRs NAME=/MODEL NUMBER' · ~ DFS PAR3~ NUMBER pump control Unit PCUO01-2, NO:instal! ~ or manual DFS~O02~Ig-OQS-2 1,783.00 PCU Bas{~ InstalI.Kit.(co~nectors & mc~ting.D~a~ ~e~s. !.. DF~0033~OOBi.,~. 45.00 PCU Ful~ Install Kit (connectors braclq~tS) ma~naal~ o~e~a~ DF$-~0~3~7;~08~2 70.00 :, ~- 9-'$~,~.~?NO. UNIT ' .. ,i~ '~ NAME/MODEL ,~ .? !'.; F ' ; ~(ACM001) Analog~tm[ l~ledute ' : DESr00~85~-~l, 9~ "Ana bg~.~E~o'r ~lodule (AMM002) ~DES~00240¢1 . 1,0~8.00 : Bus~E~e'~der M~du e (BEM w/PCU = $~ 05) :DE8~-0~23~1 406.~0 ~Co~¢e/:t~'~aCe:Module;W/O~modem (CiU002?J'~; , . ' D~0.~56~1. 163.00~ ................... ELVES;00336;-;1 167.00~ I C M m ~d ~l[~ta~ce modem assembly ;!; ~! ~ ' ~, C M ~pti¢. modem as~embiy ;DES;00336~2 21 ~:O~ ~D~gi~! ~ ~uIe;~DCMO03~I) AC - 8;out, 4 ~n ~ES~0Q~ .2~ ~303-1 rev Ad 846~90!i D~I CO~ ~-j~ ule (DCM003~02~ AC - 4.~ut~ 8~n, ~I~S-09297~-[g03-2 rev Ad ~)igi~I;Cb~F~'M~ule.(DCM003~3)' AC/DC;- 8.0uti 4 in ' ' ~0~7;~003-3 rev Ad 8~00 )~ ~ ~ Cd,el. ~ e (~M~3~) AC/~ - 4 o~ ~n ~ES;00~3-4 ~ev Ad 7~6;~ ~:~ ~M~I~ ~PSM~2 - 5~) '; ~ES~00~9~08-2. 39~00~] s~nt by the Award winning Cheyenne Bit'~rare From: ~vi~ W~Iker 321 07/31/00 16:49:36 Page3of4 2 Trahsient Fiiter shieid ~ T]:S001:-2 DFS-00306~003-2 A1 , 75.00 TFS:I~taii K~t ~or ~CU : ~ 'DFS~O~I~~8?I : 61.00 '; DF8~03~9~08~ : 61.00 ; DFS-003i9;008-4 61.00 TFS In~tall';K~ for RTU~ W/PCM00~ : ; DF:S~03~ 9~008~5 61.00 TFS Install'K'D~ ~r R~oox: ~ th~it PCM00~ ': : DFs~0271~08~i0 : 9~00 .50 , . .: , 800~,. D~ek 2~0~AC 3~P~ase Surge Supr~r, : R~ ~ R~J2~)NPT;~ ; 37.00 Addfe~ $~raps (R~ i M~aie)' , ' ;; , , : 1;50 ' RE Pi¢i!S; , 3200; Buchana~ ~3 ¢ ~ c~d;8~nh~bm-; : ~::OO Ade~ ~a~etic ~ :(pm~) ~tch (P~ ~9~G~ 6:00 ; DFS400278~03:1 28990 P~S~an~ Un~G~001~2 ~: ' : DFS~00278-003,2 381 O0 ~EG;D~!ead F~ ~:PDE~3 : DFS~0266-1 31000 ~T~ Te~ Sb~e a~ ~U~: OFS~0 ~-x ' 17 OD ~ 'T~t :8~ :' ; DFS~0 ~-x 5390: sent by fl3e Award Winning Cheyenne Bitware REQUEST FOR REQUISmoN ]~T.E. ~TRY DAT~: M.T.E. IKEQI~tmTION # To: Phil Gilig City of Boyr~ton Beach From: D615bieWitkids0~ '32t~259~0~6 08~01100 10:40:12 Page 2 of 2 Sent by the Award Winning Cheyenne Bitware time )pportun~ to offer' our products and services. Here is the reVised price list for parts'~you asked for. This quote includes, and is limited to, the following: PCU RTA411 Antenna $1,783.00 each $ 105.00 each $1,388.00 each ~ backplane (MBP001-1 or -3; 2.6 battery, TFS and 10AMP 'circuit breaker. Does~ not nctude labor, $2.757.00 each $ 392.00 each $1,160.00 each- $ 200.00 each will be added to invoice. Terms are NET 30. Lead ~ for 90 daYs. Since~ely? De~l~ W~lk~nson Salea~dministretor From: Eand3r E. Wyatt, Sales C~ulb~ To: Fa~1561-742-6298 Date; 12r/'11~ lime: ~.03:34 ~ Page I of I December 7, 1999 Mr. Gerald Leafy City of Boynton Beach Fax: 561-742-6298 This letter is to advise that Data Flow Systems, Inc., of Melboume, Florida, is the sole source for the TACll Telemetry Syst?,_m Remote Terminal Units (RTU) and PCU TAC Packs utilized for The City of Boynton Beach s wastewater pumping stations. DFS designs, manufactures, i ..r~'talls and services the TACI! units. There are n_o other, deal. ers, dis~'ibutors or service organizations that offer the TACII, or, ~o our knowledge, o~er an imenace to the TAClI. Thank you for your interest in Data Flew Systems. Please let me know if I can provide additional information. Sincerely, Data Flow Systems, Inc. Randy E. Wyatt, Sales Consultant D~aF[ow Systoles. ~.c. · 659 ~ GaJ~ Bh~d. · Me, l]xmme, Fb~da 32935 · p~(407) 259-5009 · FAX(407)25%4006 Requested City Commission Meetin ~.g_~_.~ [] July I8, 2000 [] AugUSt 1. 2000 []Sept m 6, 2000 IV-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Date Final Form Must be Turned into City Cierk'~ Office- July 6, 2000 (5:00 p.~l luly 19,2000 (5:00 p.m.) August2, 2O00 (5:00 P,m~ August 16.2000 (5:00p.rm} Requested City Commission Mteti~g Dates [] September 19, 2000 ;[--] October 4,2000 [] O¢~ob~i: ~7, 20o0 [] November 8. 2000 Date Final Form Must be Turned in to Ciw Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18. 2000 ~5:00 p.m.) NATURE OF AGENDA ITEM [] Aaminiatrative [] Development Plans [] Consent Agenda [] New Bnsmess [] Public Hearing [] Legal [] Bids [] Unfinished Business [] mmouncement [] Presentation RECOMMENDATION: A motion to award the bid for: SUPPLY AND INSTALLATION.OF ALUMINUM FENCE AT BOYNTON MEMORIAL PARK" BID#073-2730-00/CJD to LAWRENCE FENCE CORPORATION of Davie, Florida in the amount of: $62,563.00. EXPLAi~ATION:On June 27, 2000. Procurement Services received and opened two (2) bids for the supply & installation of Aluminum Fence at the Boynton Memorial Park. After review of the two (2) proposals, it has been determined that Lawrence Fence is the lowest, most responsible, responsive bidder who meets all specifications. John Wildner, Parks Director and the Cemetery Board concur with this recommendation (see attached memo #00-114). PROGRAM IlVIPACT:The purpose of this bid is to obtain a firm price for labor, materials and accessories necessary for the installation of approximately 1,080 linear feet of an ornamental aluminum fencing s. ystem }and three (3) manual rolling gates with locks to be inst~lled at the Boynton Memorial Cemetery, located. 1611 S. Seacresi Blvd.· Boynton Beach, Florida. FISCALDeserintion.IMPACT:.F. unding for the installatiOnAceountg.of t~.e cemetery fence~is allocated in theq~ollowing/~ budget: ..~C~mq'alEquipment: ~ 631-3110-539-64-02 $62,563.00 I/1, Itl ' ~irector of~inancialgerv~ City ~lanagcl~s g~gnature Procurement Services ;~,~,~o _ ~.~'~ Department City Attorney / Finance / Human Resources C: John Wildner- Parks Deparmaem File S :~BULLETIN~O KMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE WHEREAS~ Procumment!~S~iCes .reCeived and opened Bids for the tbove mentioned~project on :lune 2.7f 2000, and it.was determined that Lawrence Fence Corporation of Davie, Florida, was the' m°~ responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE 1"1' RESOLVED By THE cl-rY COIqt4~SSI'ON )F THE cl-rY OFBOYNTON BEACH, FLORIDA,: THAT: ~t 8oynton Memorial Park in the amount of $62~563.00, to Lawrene Fence :orporation of Davie, Florida, and authorizing the Mayor and City Clerk to ,~ecute a Contract between the parties, a copy of which is attached hereto as · :xhibit "A", That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Clerk Seal) :Reso\Bid Award~Boynton Park Fendng08Z300 LEISURE SERVICES: PARK~ MEMORANDUM #00-11 ~ TO: FROM: RE: DATE: Bill Atkins, Assistant Finance Director John Wildner, Parks Director,~ // CEMETERY FENCE August 9, 2000 ~,[l~ 9 ~00 · PURCHASING , ~) OEP1, The Cemetery Board met on August 8, 2000. After reviewing the submitted proposals, th~ board is recommending Lawrence Fence as the contractor to construct and install the new fencelat BOynton Memorial park. La.wr, ~ce F~ee has good references and Was the low bidder toithis project. The Parks Division ~fiCfirS'~ith this rec0mmendation. JW/bl MOST ~SP. ON~I~VE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS .... ~-e-put¥ Director of Financial Svces. ~ Wildn~ , irector ~ SUPPLY & INSTALLATION OF ALUMINUM FENCE AT BOYNTON MEMORIAL PARK BID OPENING DATE: JUNE 27, 2000 "Offers [rgm ~the vendors listed here n are the on y offers BID OPENING TIME: 2:30 P.M. recetv~e~d timely a~ of the above receiving date and t me BID#073-2730~001CJD ~R~N~C FMN~~ Al other~offers subm trod in response this solic~tatlon,lfany are hereby rejected as late.' VENDORS LAW ORF'. t TROPIC FENCE, INC. 34~1 SW 49TH WAY BLDG 2 1864 N.W. 2'IST STREET DAVIE, FL 333'14 POMPANO BEACH, FL 33069 ~,TTN: GLORIA LAWRENCE ~TTN: STEVE NESPOLI [964)-792-2995 I954) 978-1250 TOTAL COST $62,563.00 $65,991.00 RECEIVED ADD #1 , YES YES # OF BID PROPOSALS I 1 SUBMITTED . AREA LOCATED BY LOCATION *YES YES COMPANY 5% BID BOND ~ r'ES/CONTRACTORS BONDING YES/INTERCARGO INSURANCE ~,ND INSURANCE COMPANY COMPNAY 91DDER'S QUALIFICATIONS YES YES SITE INSPECTION YES YES NONCOLLUSION AFFIDAVIT (ES/NOT NOTORIZED YES ANTI-KICKBACK AFFIDAVIT YES YES , CONFIRMATION'OF MINORITY YES/CERTIFIED ,- ¢ES/CERTIFIED CONFIRMATION OF DRUG FREE ~S YES COMMENTS 10 COPIES SUBMI~ED 10 COPIES SUBMI~ED - ,, ~EE NOTATIONS ........................................ CONTRACT THIS AGREEMENT,.made and enteredinto this day of , A.D. 2000, by and be ,t~,f ~en,,the CITY OF BORON BEACH, a municipal corporation of Florida, hereinafter called the City and LAWRENCE FENCE CORPORATION a Florida Corporation a Florida General Parmership a Florida Limited Partnership a Sole Proprietor Check One hereinafter called "CONT~CTOR". WlTNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said city,~for the pe.fformance of work and supplying materials, hereinafter described, and said Commissiq~:~vfmg canvassed said bids, had 6[etermined that the bid in the total amotmt of Sixty two ~ouSand, tive.~hundredand sixty three dollars and 00/100 submitted by the aforementioned CO~CTOR Was the best :and most desirable bid submitted, and has autl~onzed the execution of this contract. ~ NOW, THE~REFORE, in consideration of these premises and the mumat conditions and covenants icd~htained, herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The. CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon ttfe bid of the CONTRACTOR, dated June 27, 2000, which is hereby incorporated by reference into this'agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid; contract documents, bond documents, plans and specifications for: Bid Title: SUPPLY AND INSTALL ALUMINUM FENCE AT BOYNTON MEMORIAL PARK, 1611 S. SEACREST BLVD, BOYNTON BEACH, FLORIDA BidNumber: gO73-2730-00/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference at such mt prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $62,563.00 c-1 2.0 SCOPE OF SERVICES 2.1 2.2 2.3 cqui~m~, tools, ~0 spemal conditiom in the bid, All the work and labor performed under this co.mzaet Shall be p~f0rme~!; and ali of the matenaI fumished shall be, r~ sme~. ~ with said: p~' ,ar~ and spectfieattons, and CONTRA~OR contained :in said plans and sg~-i/ficafip~ arid ~l~esay ~es m ~P!Y Mth every reqmremnt and sfip~ataon the~em ~n ~tam~ tobe~ ~he' p,m'ty contracting tOdo said Work. 2.4 Upon recotpt of written notification fxom the CITY, to correct ~any defective or faulty ~0rk Cfmatbtiat~ Which may:apPear Within-one (I) ~ear ~ completion of the, contract an& re ~ o~ f~nal payraent CONTg~G~Ql~<shall make ~he neeess ,a~y ~0rreet~ma! ~ ten (~-0) days ,ot~recapt of the wnttemnotice. 2.5 To,comply ~witl~the pm~isi0ns of Section g55..05, Florida. Statute*~ if applicable. 2.6 To pay promptly, befme:,final setttemen~,:any and all el~ :0f~!ens incurred in and alit this .work. ~ur~,~' release of liens fom~s fm~ all; SUl~eontractors and suppliers0fmaterials F~20-be;suppl!e~ by CITY. · 2.7 The :CONTPCA~ 'S~all r~move~ and!~lean UP all mt~bish, debris, excess material,,temPorary S!~3, e~~, ;t ~6~}S md m~pme~m ~om :~eets, alleys, parkways and adjadm, prOper~!ttlat :~y ~h~¥~;::bpen, ~',~ worked on by the CONTRACTOR in ,~d0rmectio~ with the ~r6ject ~romptlY as such section or port~ m'comple~ei:l'~'d r0ady f;o~-age; lea~g thC!same m a neat~-and presentable c-2 3.0 2.8 2.9 2.10 2.11 3.1 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply with the provisions of the.charter, ordinances, codes and regulations of the City of'Boynton Beach, Florida. Upon completion of the work. the City Engineer shall satisfy himself, by ' ;Xea~n~a~s,'on an.d~te~; that the work has. been fially completed in. accordance with .,e. ~a~s: specmcauons :met c0ntract,documems' When; ~the City Engineer is so satmned, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City ~ommish. o.n for ~e,view. and vote to fonnally accept the project. The right of general:~ ,perv~sion o:f the CITY :as :hereinafter provided:under '~anthority of the ~ngine~r~' ~hall:;n°t make the CONTRACTOR ar~ agent or emplo3(ee of the CITY, b/i~,t~e OR, shall atali times;and in all respeCt~ have the rights and liabilities 0Fan independent contractor. After the cleaning up of the work, premises, streets, al?ys, manholes, catch ~asins,?r ~.er a~e~ of structure in anyway connected wkh the t~erformance of the,contract, :~e Wovkas ,a whole shall be inspected by the City~ngineer, and any w, o[_k~, anship or ' _ ~n~. erial found not, meeting the requirements ot~ the specifications shah be removed:by or at;,the expense of the CONTRACTOR and good and satisfactoxy workmanship or material substituted therefor. All settlement, defects or damage upon any part or' the work shall be ~emedied ,~fic~ ifiade good by the coNTRActOR. The ~coNTRACTOR, will: be held responsible for the c~e, protection and conditior~iof:-alt work ,until final completion and acceptance thereof, and will be cause.requi're~ niake, i good at his o~wn cost, any damage or injury occurring fi.om any this contract on or 'Notice to Proceed" of the CITY and to project within 90 days following the commencement date as C-3 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set for~ in, the, contract, after due allowance for any extension or extensions of time made, in accordance with .herein before Set forth, the CO~TOK s,h~l be liable't0 the ciTY, as l!_q_~dat~d damages and not as pegalty~,jn the ~amo~un~fipuiated ther~ffore:4n the ::specia~ c0ndifi°ns or in other [io~umenm for each and every calendar day that the CONTRACTOR shall be in default o f completion. 4.0 5.0 notify LIQUIDATED DAMAGES The CONTRaCtOR fm-ther,~ ag~ee~s~:m pay':$250:00 per ,iday as liquidated dam~;~£or~ ~tare;m begm~'~dtha~ ~en '(~0) ~days~ 0f ~,'Blot~o ,?o Proceed or date to~e;~d, in ~e ~ {~6fice tc ,P~eed~:.~ ' 5.1 The CONTRACTOR warrants that prices include the protection and continuous use Olin-existing*sewers, conduits, drains, pipes/buildings,; ~v~, bridges, guard rails ~ oth~;~onstractiOn ienco ,untered~ and the t~rompt roping of any damage done ~ ithe~ dmdng the ~r~ss~,Of the :work, Or frbm~-ihsufficient support thereafter;, also all 'the filling, baCkfilling, and material; also all the · tools~ equipment, in th~ result, and suspension or ~ with each and · the entire work co~ndilion a 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, util/ties, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or wkich are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge .of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities When. they. -~shall be: affected~ .bY the~ work to be performed under the contract, and ;hr ~a!~~ make ~1 n~e~essary a~,an§~ents w/th such depar~entr~departments, owner utfllfie~."°wrters'/bt the femoYal..anct, replacement or protection of SUCh property or INDEMNIFICATION 6.1 6.2 6.3 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsOever kind or nature arising out of error, omismon or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services Under ~s Agreement. 6.4 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind :and all Causes, claims, demands aetions,'losses, liahillt~es, settlements, judgments, damages, costs; expenses, an~ fees {inchiding without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or inpart by any act; omission, or default 0fthe CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby ;agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S anal CONTRACTOR'S fulI intention that this provision shall be enf6meable and said pmvigion shall be~in compliance with Florida Statute 725.06. The execution of this Agreement by the CONTRACTOR sh'~ll obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth: in Attachment "A" herein. However, the indemn/fieation provision, and the insurance provision c~'ntained in this Contract are not interdependent of each other, each one is separate and distinct from the other. The obligation-of the CONTRACTOR to indemnify the CITY is not subject to any offset, ~tat~on or defense as a result of any insurance proceeds available to eittier the CITY or the CONTRACTOR. c-5 7.0 8.0 PAYMENT BY CITY 7. t Th,e C!r[y, ~grees to pay ~e ~ONT~CTOR in current funds fo~ the p,e~o ,rmap,,c¢ of the_. contract;- ~ubject to r,a4ditions, and -deductions~ a~ ~pmviaea ~n me speCi:fiCafi~s., 8.1 27ne CI~:,~th?t,inva!ich,ting:~ c°ntraet~ mgy order extra work or make made ~ ~ at ~e,~e sUCh c~ge ~s ord~ed. 8.2 8.3 ~411 change orders and adjustments shall be in wr~:}ing and approved by the. City anager ,or ~ G0mmi~on ~if,it¢c~uii~ed, ~them~e, ~no' claim for extras w~ll be allowed, :The Gene~L ~o~ctor ~d?~t. o~s, sukeontra,~,~ors shal~ be appnsed of, an familiar with, ~the folloWing ~olidi!i~m~s, ~ andipro, eedures governing extra work under the Contract: 83.1 Any ~icha!~ge order: h~ ~to be xec~mmended by the City Manager and offi',~, ,ia. ll~ ,~pproyed b7 ihe C~, commission before a~y steps are taken to imping(the change order. 8.3.2.: Sk~e'~'~O~}~TO~:'°r anY of his subcontractors commence _w!th ~ki~ithout ma!ring a claim jn writing for unforeseen extra work he .anfo .uglers~4t will bo. construed as an acceptance and agreemem by him their omY such,work, is required under tile contract and no future claim for e~a$:~!,be Considered ;r allowed by ihe CITY. 8.3.3 N~ .e!~ ~for~ ex~a ~0rk v~ifl be, allowed unless ~d ~til..a..utt}o.rity for ~,~ ~i~tie2 Cha~g~ O~der has been ob~ed from the city Man.a.ge, r or the C~itY CommiSSion of Boynton Beach, if necessary, wmcn aath0 atioh will,be Signed by the Mayor. 8.3.4 by the CITY'S Representative : of the Contract by a 8.3.5 involving claims to the CITY for ~¢ conU'act shall be the · justifications for his consideration in preparing a Change Order to the Contract. c-6 8.4 The value of any change ordered under the Contract for ex~a work and/or any reductions in work require& shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable trait prices, if any, as are set forfia in the Contract except in those cases where-increases-in quantities exceed fifteen (15) ~temem of the original bid quantity and the total dollar change of that bid em is significant in the oginion of the Eng/neer, the unit price shall be subject ~o revie,~ to determine:ifa new unit price should be negotiated; or 8.4.2 If no such unit ~ces are set forth, ;then by a lump sum or other unit prices mutually agreec[upon:by~e:CIT:55 and-lheCONTR2ACTOR: or 8.&3 oft the actual cost for labor, direct overhead, ~ necessary to complete cost of general overhead charge of the authorized local rate of such work, for each An upper limit shall not be exceeded 8~4~3. LThe C ~r~o~!~ll submit.sufficient cost and pricing data tO ~rr4,~!:~e~ !~.~f,-~gineer to determine the necessity and reasona~bI~ s~e~s~gmd ~o~ ro o~ ~d the allowa ~ ~ e~Of cbsm propose. 8.4:3.2~e C0~O~ .~1 have ~ accosting sy~m w~ch ac¢0~ ~r~ ;~S m ~cor~ce M~ gene~ly acc~ted acC0~Lp~i~..~s system sh~l prohde for the idenfifimfibn~ ):~c~u{afion ~d se~egafion of ~lowable md unaUo~ab~ Ch~[~d~ c~Sts. 8.4.3.3 ~ere it is ~ea~ ~at ~e Con~act is Feder~ly or State ~sist~ ~e ~CTOR'S a~nfion is ~ted to the ~plica~le ~ ~dCm~latiom relative to cost principles w~ch mu~ be me~ ~ ~e{det~nafi~ ~d ~low~ili~ of costs ~d~ ~t. 8.4.3.4 ~ no c~e ~ ~nge .benefit costs on dk~t labor cos~ exceed fo~ (40) pem~t of~t l~or costs. C-7 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggtegate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, ~direct overhead, ~material~s,~ sUpPlie, s; equipmem and '. dire~tly related services supplied by him, Among the item? considered as general overhead ar~ bonds, insuranee~,~ i~cidental~ job 'bU~dens~ SUperAsion and general_office expenses. , : for administering ~agreed ream ~urrellt ~ in the Rate shall 9.0 8.4.3.8 8.5 Claim of payment for¢~ '!?~: submitted for the- ~ ,uqren~ done. No clm fo~ ~tm ~ ~ writing, as aforeS~d ~d the work is completed. 9.1 The at the end of each ~ records · the contract the ;igned by the each. by the CONTRACTOR upon Such statements shall be ~tlae:month in which the work was ~¢~i~jless that same was ordered, m tmae of the first estmaate afte PARKS/LEISURE 9.2 The Engineer when in stop the work execution of the ccmtract. the work. The Engineer the contract documents and and in such instances authority. He has authority to toppage may be necessary to insure the proper c-8 10 11 9.3 As the Engineer is, in the first ~nstance, the interpreter of the conditions of the co. ntract and thejudge of its perform.an, ce, he shall side neither with CITY nor with CONTRACTOR; but shall use his Power under the contract to enforce its faithful performance .by both. INSURANCE 10.2 The CONTRACTOR shall maintain during the term of this ~contract commercial ~lity, motor vehicle, and~ . · o,,,r,~,.~ ..... : .~.. ~pr.o?e.n~Y' Rage insurance, acceptable to the CITY, ~vv~mig me work corm~aete(1 and;alt o'~ · - - . , . potations connected herewtth, an an - · ~ d whenever y 0fthe w~ m the contract xs to: be sublet, CONTRACTOR'S contingent or protective liability _and ,proper~ dmag~ insmance Such' insUrahce s · ., ~, ~ .. , - hall provide 1/nuts not :l~ss t~ those · · · Set forth on the insurance e Attachment'~A'? ~ . · .r qmrement schedule attached as 10.3 10.4 to prevent the generation of ~he Work site· Internal equipment shall be equipped with of the City of' Boynt0n Beach, and the of this Code as they pertain to excavating or ?.her consmaetion equipment, ~ Ioud'0r ~mnsual noise, shall be Of 6:00 P.M. and 7:00 A.M., except by written penni~ion of~theCity Manager, and~.then 0nly m case o£emergency. l 1.2 Alt the ~brk shall be guaranteed to ~emain in good condition for one year from date ofacc~/:~.,nc~, C-9 12.0 TERMINATION OF CONTRACT creditors: propcay; if at or 12.1: 20NTRACTOR his of his coffdifions, its the ,~ first i in this CITY to less the C-10 13.0 CONTRACT CONTROLS 14.0 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project· In the eve.hr of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and ~ma~nle~:~ cgntr, act dofu~.ents relating to the times of performance mad pt~u*on oI me worl~ are zor the purpose of enabling the CITY to complete the constmcti0n of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15A 15.2 15·3 15.4 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. Failure on the pan of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a wmver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work Within the time allocated by this contract. All requests for e~ension of time to complete the work shall be made in accordance w/th the General and Special Conditions. For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. C-11 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor. attested by the City Clerk with the CorporaTe Seal of the said CITY and the CONTRACTOR: has, e~n~ th~e p~e~sen~ ~e~day and year herein before written. Signed; sealed and wimessed in the presence Of: CITY OF BOYNTON BEACH, FLORIDA Attest: Approved as to Form: City Clerk CityA~omey Signed, sealed and witnessed in the presence off Contractor President or the Vice President Attest as to Contractor C-12 State of Florida County of Palm Beach SS: ) Personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing insmnnem and have acknowledged before me and they have executed same. Notary Public My Commission Expires: c- 13 Requested City Comrmssmn Meeting Dates [] July 18, 2000 [] August 1. 2000 [] August 15, 2000 [] September 6, 2000 IV'CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.4 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6,2000 (5:00 p.m.) July 19,2000 (5:00p.rm) August 2, 2000 [5:00p.m.) August 1~6, 2000 (5:00 p.m,~ Requested City Con'~ission Meeting Dates [] September 19, 2000 [] October 4, 2000 [] 0etober 17. 2000 [] November 8, 2000 Date Final Form Must be Turned in to Cit~ Clerk's Office September 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00~p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A Mofion to award the bid for. TWO YEAR CONTRACT FOR DIESEL/PROPANE (2) GENERATORS MAINTENANCE/PARTS AND REPAIRS: BID#080-2822-00/CJD'to: ADVANCE GENERATOR SALES & SERVICE, INC. of Royal Palm Beach, Florida with an estimated annual expenditure of: $70,000.00. CONTRACT PERIOD: SEPTEM]~ER 7, 2000 TO SEPTEMBER 6, 2001 EXPLANATION:On July 27, 2000. Procurement Services received and opened four (4) bids for the "TWO (2) YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MAINTENANCE AND REPAIR SERVICES". 3ffter review of the four (4) proposals, it has been determined that Advance Generator Sales and Service, Inc. is the.lowest, most responsible, responsive bidder who meets all specifications and has performed in a satisfactory manner in the past. Bill DeBeck, Facilities Manager and John Guidry, Utilities Director concur with this recommendation (see attached memo # 00-171). PROGRAM IMPACT:The purpose of this bid is to secure prices for a period of two (2) years for maintenance/parts and repair (labor & purtsl for emergency dioseFpropane (2) power generator sets located throughout the City of Boynton Beach, Florida. FISCAL IMPACT:Funding for the maintenance and repairs will come from variojhs allocated accounts within the City~ Budget based_ on, a~actuai departmental~ ~ _ needs. Depmy Director of Financial SerVices ~ity~(~n~ger's Signature Procurement Services Depaxtmem City Attorney / Finance / Human Resources C: Utilities File S:kBULLETIN~ORM S~AGENDA ITEM REQUEST FORM.DOC To: From: Date: Subject: MEMORANDUM UTILITIES # 00-171 Bill Atkins Pro~renient Services ,John G~idny '~h, ~ Utility DmrectoF ~ ~3 A ~ugust 7 2000 AU~ 8 2~g On Jul~ bid.~ removal. agreement with awarding the ~ Funds for accounts, Please 6403. CC: .000.00. BobKenyon~'--'- Ma~ Law Johr Barb Bill PhYll 'rates, c d boolant and ;ible the course of the ,ns of the contract service. The Utility Department is recommending upon the :Facilities and Utilities and General Fund meeting for approval. 1 at ext. 6402 or Mark Law at ext. ***'~**LOWgST, MOST P, ESPONSIBLE RESPONSIVE BIDDER NItO ~EETS ALL SPECIFICATIONS Bill Atkins, Dep~y Director of Financial Services RbSert L. I~a~nyo~, D~p~ Director of Util. TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MAINTENANCE AND REPAIR ~/ERVICES BID OPENING DATE:JULY 27, 2000 BID OPENING TIME:2:30 P.M. BID #:080-2822-00/CJD "Offers from the vendors listed heroin are the Dray offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation VENDORS A[ ~VANCE GL:~IERATOR~SALES & )IETZ EN I I::I~PRiSES FLORIDA DETROIT DIESEL SERVICE, INC. 1201 S.E. RAILROAD AVE. 6850 PRESIDENTS DR VE 156 GRANADA STREET 3TUART, FL 34994 ORLANDO, FL 32809 ROYAL PALM BEACH, FL 33411 STANDARD LABOR RATE FOR DIESEL/ ~,TTN: Richard L. Cordis 798~4280 ~,TTN: GEORGE W. D ETZ 561-286-6553 ATTN: JAMES A JACOBS 407-888.1700 PROPANE MECHANIC/HR $39.00 $60.00 $64.00 TRAVEL TIME RATE INC. MILEAGE E!c-/HR $30.00 $110.00 $64.00 OVERTIME RATE/HR $58.50 $90.00 $96.00 HOLIDAY RATE/HR $58.50 $90.00 $128.00 COST TO REOVE WASTE OIL $0.59 $0.60 $0.50 COST TO REMOVE WASTE COOLANT $0.59 $0.60 $1.00 DISCOUNT OR COST PLUS FOR COST PLUS 20% COST PLUS 20% COST PLUS 20% MATERIALS USED DISTANCE OF RESPONSE PERSONNEL 18.5 MI. 50 MI 30 MI TO BOYNTON BEACH/MILES RESPONSE TIME AFTER SERVICE CALL/HOURS I/2 HR. 1-3 HRS 3 HRS ENCLOSURES SUBMITTED YES YES INCOMPLETE SPECIFICATION CHECK OFF SHEETS YES YES INCOMPLETE SUBMITTED NUMBER OF PROPOSALS SUBMITTED [ 1 1 I "Offers from the vendq)~ li~sted herein are the ~or~ly offers BID OPENING DATE:JULY 27, 2000 - -- ;r-eceive~llimely'asof't[l~abov~ei~e~n~da[~hd'time- BID OPENING TIME:2:30 P.M. A otherofferssubmtted n response to th s so lCitation L f any are hereby rejected as late" .... B,D #:080-2822-00,CJD~ · ~ ~..~ ~J [,~.--.' : - ~;D ;/AN(; ?GER ~RA~ ~ R SAN ~S &- DIETZ ENTERPRISES ~_ .FLOR DA DETROIt',DIESEL VENDORS ;'~ERV CE, NC i201 S.E. RAILROAD AVE. ~0-pRES!~ENTS pRIVE f56 GRANA[~A STREET sTuART, FL' 349~4 ' ' ~I~LANDO, Fi~ 32'809 F~OYAL PALM BEACH, FL 33411 ~ 5.T~TH F~i~h~l. L. C~o. rsIjs ~7~8~280 6~TrN: ~eF~eE~.~D_I~Z 5~1-286-6553 ~,3-1~N: JAMES A. J,~)B~07-888-1700 ~,NTI-KICK BACK AFFIDAVIT · SUBMITTED YES YEs CONFIRMAT ON OF M NORITY OWNED BUSINESS YES/NOT YEs/NOT ~ .... NoT ~0~MITTED CONFIRMATION OF DRUG FREE '~: · WORKPLACE YES YES ' YES COMMENTS I · TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MAINTENANCE AND REPAIR SERVICES "Offers [rom the vendors listed herein are the only otters BID OPENING DATE:JULY 27, 2000 received timely as of the above receiving date and time. BID OPENING Ti ME:2:30 P.M. All other offers submitted in response to [his solicitation. BID #:080-2822-00/CJD if any, are hereby rejected as late" VENDORS PANTROPIC POWER PRODUCTS 8205 N.W. 58TH STREET MIAMI, FL 33166 ~,TTN: RICH HENDERSON 305-477-3329 STANDARD LABOR RATE FOR DIESEL/ PROPANE MECHANIC/HR $64,00 TRAVEL TIME RATE INC. MILEAGE ETC./HR. $45.00 OVERTIME RATE/HR $96.00 HOLIDAY RATE/HR $96.00 COST TO REOVE WASTE OIL $0.75 COST TO REMOVE WASTE COOLANT $0.75 DISCOUNT OR COST PLUS FOR MATERIALS USED DISCOUNT 20% DISTANCE OF RESPONSE PERSONNEL TO BOYNTON BEACH/MILES 30 MI ROUNDTRIP RESPONSE TIME AP ~ EH[ SERVICE CALL/HOURS LESS THAN 4 HRS ENCLOSURES SUBMITTED YES/INCOMPLETE SPECIFICATION CHECK OFF SHEETS SUBMITTED YES NUMBER Of PROPOSALS SUBMITTED I BID OPENING DATE:JULY 27, 2000 BID OPENING TIME:2:30 P.M. BID #:080-2822-00/CJD "Offers frors the vendors listed herein ars the only offers ~received ~irsely es of the above receiving date and time All Other offers submitted in response to this solidtation. if any, are hereby rejected as late" VENDORS PANTROPIC POWER PRODUCTS ~ 8205 N.W. 58TH STREET MIAMI, FL 33166 A'Fi-N: RICH HENDERSON 305-477-3329 ANTI-KICK BACK AFFIDAVIT SUBMITTED YES CONFIRMATION OF MINORITY OWNED ~USINESS NOT SUBMITTED CONFIRMATION OF DRUG FREE WORKPLACE YES ~.OMMENTS BIDDER ACKNOWLEDGEMENT Submit Bids To: Mailing Date (City): Bid Title: Bid Number: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 ~oynton~Beach, Florida 33425-0310 eiephonel (561) 742:6323 JUNE22,2000 TWO (2) YEARCONTRACT FOR DIESEL/PROPANE (2) GENERATOR MAINTENANCE AND REPAIR SERVICES #080-2822-00/CJD Bid Received By: JULY 27, 2000, NO LATER THAN 2:30 P.M. (LOCAL TIM~) B. ids will be opened in Procurement Services unless specified otherwise, .B. id receiving date and time is scheduled for: JULY 27. 2,000. no later than 2:30 P.M. (local time) and n~ay'not be withdrawn within ninety (90),daYs after such date and time. All awards made as a result of this bid shall conform tO applicable sections of the charter and codes of the City. Name of Vendor: ADVANCE GENERATOR SALES & SERVICE, INC. Federal I.D. Number: 65-0398233 A Corporation of the State off Area Code: 561 Mailing Address: 156 GRANADA STREET City/State/Zip: Vendor Mailing Date: FI,OR TDA Telephone Number: 798-4280 ~nVAT. PATM REACH': FT. 33/.11 Hand Delivered 7/26/2000 Authorized Signature Richard L.i Cordi~ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 SPECIFICATIONS FOR TWO ~ The City of Boynton Beach is requesting proposals for pricing on maintenance and repairs tO its e~gen0Y ~e~!~_'.,ropan~, (2)~p?~ g~at0~,:s~tS~ Povta~eiand: stationm'y,., This request is to establish firmpricing for (24) mgr~t!m fo~!abor¢ parts, ~d materials for these generator sets. In mo~t eases the;City staffwill perform'the roUt,me maintenance, inspeciion,.ana changing o oi!, c°ol ,:flUids filters. Th, City apprOximately (2g} generators ' ' the Ci* 0~BoYn~gnBeach,: 9 inspeetio¢; apl~jntments regarding .this Request for ~ Public fWai~t Maintenance, , 561~742:6433, S~Wa, .~ geC01fection/pumping Stataons 561-742-6421, attager, ~ 561-74276020, or -~ ,~, : . , ~6~_742~_6032. cations Manager, Please place an (x) on the blank line nexl: to each' item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must subrcdt specifications *'check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. Visitation of various sites/locations of the portable and stationary generators is encouraged. Maintenance will be on a "call as needed basis". All materials antparts used must be genuine parts as manufactured and distributed by the manufacturer of the generator being serviced. The lubricants used shall comply with the specifications for lubricants recommended by the equipment manufacturer, THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 3 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED ................. All reasonably stocked spare parts and lubricants~necessary to keep emergency generators and associatedeqmpment' mproper' safe operating condition must be stocked locally and/or available within twenty-tbur (24) total hours. The mecllanic shall report his arrival and departure from the job site to the City representative requesting service. X Insurance requirements are attached see Attachment A. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 4 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE GENERAT_ OR LIST 750 KW CLrMMINS KTA 2300G 600 KW KOHLER DETROIT 600 ROZD71 1500KW.C , _UMMINS KTTA50-G2 PUMP ENGLN-E - CAT 3306PC 200 KW KOHLER CUMMINS NT855G2 260 KW CATERPILLAR 3406 MAGNA-MAX Diesel Oil 02 CUMMINS NTA-855-GS/GC Big Cam MAGNA MAX Diesel Oil #2 CUMMINS NTA-855-GS.GC Big Cam KOHLER POWER SYSTEM Propane MODEL #80POZJ8 200 KW CATERPILLAR 3208 200 KW CUMMINGS 260 KW KATOLIGHT D260FR24 STORM DRAIN PUMP w sco qsr vu4D 125KW DMT 125 KW ONAN ONAN PROPANE GAS 45-EM MODEL#45EM-15R114130 KOHLER MODELg40ROZ261 GENERAC (Waukesha, WIS) Diesel Oil #2 MODEL #6D60/13331 PORTABLE GENERATORS: 125 KW ONAN 198 MID I00 KW ONAN MODEL 100.0 DYE15R18988J 6 CYI_,ENER PUMP ENGINE FORD EMERGENCY PUMP DETROIT DIESEL MODEL 3-53 60 KW ONAN 60.0SGCB 60 KW ONAN PUM~ DEUTZ SKID MOUNT: 60 KW QUIET SITE 60 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 7/25/2000 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type of service called for. When submitting more than one bid proposal price for this service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the services in accordance with the proposal for:. STANDARD LABOR RATE FOR DIESEL/PROPANE MECHANIC PER HOUR TRAVEL TIME RATE INCLUDING MILEAGE, ETC: $ 30.00 PER HOUR OVERTIME RATE: 58.50 PER HOUR HOLIDAY RATE: PER HOUR COST TO REMOVE WASTE OIL $ .59 PER GALLON COST TO REMOVE WASTE COOLANT DISCOUNT OP~~OR MATERIALS USED (Circle'OntO---" · $ .59 PER GALLON $ 20% (Attach a copy of your price list) Distance of Response Personnel to Boynton Beach 18.5 Miles Response Time after Service Call 1/2 Hours ENCLOSED: Hours of operation Certifications of staff References of similar work Other se~wices/costs Copy of inspection or preventative maintenance Chart (Attachment "A") 1/ (Attachment "B") (Attachment "C") (Attachment "D") (Attachment "E") THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 15 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ALL.PRICES F.O.B. BOYNTON BEACH, FLORIDA Number of Pro_oosals submitted ADV~C~ C~N~P ATC)R COMPANY NAME 561-798-4280 TELEPHONENUMBER RAT.ER ~ SERVICE~ SIGNATURE Richard L. Cordis PKINTED NAMB President TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER ~6 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Proposals must ificlude: Hourly standard labor rate of diesel mechan/c. Travel time rate (include mileage etc.) '/3. Statement of normal business hours and when overtime/holiday rates would apply. '/4. Certifications of staff. ,/ 5.. Keferenees where similar work has been performed within the past six months. Include names of generator manufacturer and KW of units. '/6. Distance of response team to 100 E. Boynton Beach Blvd. v 7. Copy of any:inspection or preventive maintenance chart used for applications where that service is performed. Cost per gallon to remove waste oil. ,,r 9. Cost per gallon to remove waste coolant. '/ 10. Other available services and costs. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any emploYees of the City ~f Boynton Beach asa commission, kickback, reward of o~ A~.~I~ ~¢,;~e~tlv.b~v m~Or ~n~ ~me~be~ ° f my;~fin~or '~ aa~ofi~cer of th¢~corp~afi0n. By: Swom and subscribed before me this / at Large EXPIRES: Ma~ch 29, 2002 "OFFICIAL NOTARY SEAL" STAMP , 20 Oo Printed Information: Richard L. Cordis NAME President TITLE ADVANCE GENERATOR SALES & SERVICE, COMPANY THIS PAGE TO BE SUBMIITED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 ' CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made apart of our files for future use and information. Please fill out and in.dictate in the appropriate spaces provided which category best describes your company Return this form with your bid pr0p~sal sheet making it an official Part of your bid response. ( ) AMERICAN INDIAN () AStAN ( ) BLACK (') HmPAN C ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO X If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 CONFIRMATION OF DRUG-FREE WORI~L~CE ~ IDENTICAL T}E BIDS Prefere~.ce shall be given t9 businesses with drag-free workplace programs. Whenever.~vo or m&~ bids v~hich:are equal ~ith respect to price, quality, ~ and service are received by me City. of Boynton, Beac~ ~ bi my political Sul~di;~ision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- f~e~ workglace program sha~ll b* g~ven pr¢£eren~e ~,,t~a~..l~rO~S.: ~Establi~shed pro,ed,utes p 'h-~'~t0;have a fling, free ~0~kplaee Pm~} ia business ~a~ atg 1) Pubgsh a statement noting employees that. the u~.law~)!~u, fac,~e, ~d?~bation~ dispe~s'mg, pmsesaion, or use ora controlled substance:is pr~imte~ m me wortcp~ae~, ann sp~ei~ing :t~e actions that will be taken aga'mgt er~ p~oy~es for~[01a~°ns of SUch prohibition. 2) Inform employees about the dangers of drug abuse rathe workpIa~e¢ the business s pohcy o maintaining a drag-free wo!~kplaee,~ any lvallab!e' dmg.counse!!~, rehabi!~t~on, employee assistance programs and ~e penalties.: that may be~ '.m~po$~ea upon employees mr drag abuse vi01atioris~ 3) Give each employee engaged m providing the co~odities or contractual services that are under bid a eo~y of the statement ~pecified in subsection ( 1 ). 4) m the statamen specified in Subsection 0), notify the employee th.a.t, .as a co,ndition working on ~e conanodifies' 9~ contractual serfices !that are under b~d, tlae emp~o~yee w~, abide by the terms of the statement and will notify the employer of any conviction o~, or ptea or nol° contend any violation o hapta S93 of any oonmn d substance ta~ of the united States or anY.state, for a violation O~cUrfing in the workplace no later than five (5) days;after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's .community by, any employee who is so convicted. 6) Make a good [alth effort to continue to maintain a drug-f~ee workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O Attachment HOURS OF OPEP~a.~TION ADVICE GENERATOR SALES & SERVICE , 156 Granada StreeL Royal Palm Beach, FL 33411 Phone: 561-798-4280 Fax: 561-333-0185 ~-Mail: ~ol.com INC. HOURS OF OPERATION Normal working hcurs includes any consecutive eight (8) hour periods within the hours of 6 AM to 6 PM, Monday through Friday with the excepuion o~ holidays. Overtime hours are billed ~t I ~ times 5he normal working hourly raue. Overtime rate applies t0 all hours worked in excess of eight (8) hours on weekdays (6 AM uo 6 PM) and all time worked on Saturdays, Sundays and holidays. A ~ ttachment B CERTIFICATES OF STAFF Technical Training CERTIFIES THAT SERVICE, MAINTENANCEAND REPAIR OF ONAN EQUIPMENT IN THE CLASS OF~-.-~TO~C,J...~__,19 9 _/ SERVICE MANAGER 1400 7'~rcl Aveflue N.E, Field Service Training THIS WILL CERTIFY Rich Corduis Marine Troubleshooting August 10, 1990 ISSUED NATIONAL TECi~ICAL TRAINING MANAGER 1400 73rd Avenue N.E, Mlnnelpoie MN 55432 This certifies that RYBOVICH BOAT WORKS Has satisfactorily c ....................... · ompleted a factory,, auflionzed course on NOtiTHI~N LIGtlI~ DIESEL GENERATOR SET8 at the AlaSka Diesel Electric Service School in Service Training Instructor for successfully completing the course in: CT-802 TRAINING REPRESENTATIVE Presented to ' ' Award :lan proficient ex In reco~ nition of EFFECTIVE · om ~oba~ TRAINING REPRESENTATIVE Attachment "C" ~FERENCES OF SIMILAR WORK ADVANCE GENERATOR SALES & SERVICE, 156 Granada Stree= Royal Palm Beach, FL 33411 Phone: 561-798-4280 Fax: 561-333-0185 E-Mail: Advan~K}en(~aoL~m INC. RE~ERENCES OF SIMILAR WORK ADVANCE GENERATOR has for the pas5 6 years been performing normal and emergency repairs ~o all of the Cisy of BoynEon Beach Emergency and Stand-by Generators. We are exsremely fsduiliar with each of the units and their pas~ service history. This knowledge, of the equipment all0ws, for faster diagnosis for emerg~C~ re~ai~ ~nd ke~s down time ~o a mlnimllm. City of Boynuon Beach City of Boynton Beach City of Boynuon Beach City of Boynton Beach City of BoynEon Beach Lift Stations Tony Lombardi WaEer Planu West Dave Alstock Water Plant East John Reynolds Facility Management Bill DeBeck Emergency Operations Phil Gillig Indian Trail Improvemenu Distr~c~ 13476 61~ Streeu North West Palm Beach, FL 33412 Flcrida Power and Light 6001 Village Blvd West Palm Beach, FL 33407 Florida Power and Light 700 Universe Blvd Juno Beach, FL 33407 In-Rel Managemenc 2328 10~ Avenue North Suite 401 Lake Worth, FL 33461 Terry Narrow Dave Kinzler Steve Price Allen The following is a sample list of generator that we have serviced and maintained. Onan Generator Sets 5KW to 1500KW Caterpillar Generator seus 5KW! to 1500KW Kohler Generator Sets 5KW to 1500KW Cumunins GeneraTor Sets 5KW 5o t50CKW Northern Lightl~Generator Sets 5KW to 1500KW Kato Lite Generator Sets 5KW to 1500KW Walkashaw Generator Sets 5KW to 1500KW Empire Generator Sets 5KW to 1500KW Olympian Generator Sets 5KW Eo 1500KW Kilopak Generator Sets 5KW to 1500KW Generac Generator Sets 5KW to tS00KW Detroit Diesel Generator Sets 5F?W to t500KW LakeShore Transfer Switches Olympian Transfer Switches Asco Transfer Switches Zenith Transfer Switches manufacturers EXAMPLES OF OTMERUN~%TSi~REVIOUSLY-$ERVICED BY ADVANCE GENERATOR SALES & SE.RVICE~ INC OTHER SERVICES/COSTS ADVANCE GENERATOR SALES & SERVICE, 156 Granada Stree5 Royal Palm Beach, FL 33411 Phone: 561-798-4280 Fax: 561-333-0185 E-Mail: AdvanccGen~ INC. PART NUMBER SP-2BZ-12F 360839 3629140 6976O LINE FILTER rND. COM. ENAMEL PRICE $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 255.15 249.50 324 60O.24 236.35 57~8,25 50.78 14.09 7~58 1~62 1 50 2.13 30.8:3 4~00 3~7S 16108 22.02 21;~12 32:[56 14~.m 21~16 13".02 15W40 DELO DIESEL RATED OIL (5 GAL) $ 34.62 XD4OW DIESEL RATED OIL (5 GAL) $ 29.97 AR45184,.RX WATER PUMP $ 134.43 4060435 BELT $ 15,80 17511 BELT $ 15~24 3001169 TUBE TRANSFER $ 38.25 SPECIFICATIONS OF PREMIUM QUALITY DIESEL RATED OIL ChevrO Oelo® 400 Multigrade SAE 15W:-40 Features chevron Dele 400 Multigrade heavy auty motor oil is an exceptional, suoer oremium quality "universal" engine oil which exceeds industry and engine manufacturers'-oerformanoe requirements. [t is formulated utilizing t~e most advanced additive tecnnology available to provide outsta~nding engine orotection under both pre- and ~ost-1994 EPA standards when exhaust particulate amiss ohs'are regulated down from' 0.25 to 0.1 g/bhp)hr for on - highwaydiesel trucks, using both h §~ and ow sulfur diese fuels. Chevron Dele 400 Multigrade is manufactured exclusively wi~h is0dewaxedthydrocracked (GF~Up 11) base oils, Which rival synthetics in critica engine test~, andan opt mai bler{d of the latest technology in dispersant, detergent, oxidation inhibition, antiwear corrosion inhibition viscos ty impr~°,V.~r, a'r~d defoaming additives. Yet, its sulfated ash level is tess than 1% While Base Number is octimized at 9, Functions Chevron Dele 400 Multigrade meets: APl Service Classifications · The performance requirements of APl CH-4 · CG-4, CF-4, CF-2, CF. CE, CD-II~, CD', SJ. SH. SG · Energy Conserving for APl SH major diesel engine manufacturers' requirements · Mack EO-M, Mack EO.L PLUS. Mack EO-L · Cummins CES 20071 · Volvo VDS · Detroit Diesel CorPOration two-cycle engine recommendations performance requirements of · Allison C4 Fluids manufacturers' performance requiremenlLs · Chrysler MS6395-G · Ford ESE-M2C153-E · General Motors GM 6094-M Departmer~ of Defense Commercial Item Dascription (CID) · A-A-52306A' Chevrcn Dele 400 Multigrade reduces valve and piston crownland deeosits. thus lowering oil consumotion. Chevron Dele 400 Mutt~rade Keeos rings clean and free for carter combustion pressure and to provide min~ mai wear. Its high eve of ashie~s di~persants k~eeps fuel soot in suspens on and~ ~hu~, ~voids filter I~lugging, heavy cylinder head sludge, abrasive polishing wear, high viscosity increase, and oil gelling. These Problems can result in excessive engine wear and beanng failure on startup, without odor indication to the The high Base Number.provides engine protection n off highway or high sulfur fuel aoolications. In addition, the combination of high Base Nu tuber and excellent dispersancy allows longer drain intervals in on highway service. A specially selected oxidation inhibitor controls oxidation and undue thickening during oil drain oeriods. The high level of extreme oressure antiwear additive protects against valve train wear and scuffing of highly loaded carts operating under boundary I~Jbrication, A sl3eciafly selected viscosity index improver ensures easy flow at Iow temperatures and excellent film orotection in not engine areas. A defoaming additive 3revents air entrapment. Applications Chevron Dele 400 Multigrade is a mixed-fleet motor oil recommended for four-cycle gasoline engines and all four-cycle and two-cycle diesel engines operating under severe service and subjected t2 wide variations in climatic conditions. It is excellent for use in new advanced engines developed in response tO 1994 lower exhaust particulate emissions (0.1 g/bhp/hr); and with features such as four-valve heads, turbocharging, direct injection. snorter piston crowns, higher power density, Peak firing pressures UD and beyond 2500 psh mtercooling, full electronic management of fuel systems, and exhaust particulate traps. It is also HDMO-30 Chevron Products Company ~-9-9~ thegn Lubrica,~ts De!o® 400 Multigrade formulated for supericLr performance with both normal and I°W Sultur diesel fuels. Chevron Delo 400 Multigrade can oe used in power~hiCt transm ss O~,.s requ r ng a Caterpillar Chevron Delo ~0 Mu[tigr~e is amh~¢i~dby po~ try p ams as an, H~..~b~ Customer Benefits LOW OIL CONSUMPTION due to reduced piston crownland deposits LOW ASH LEVEL in the oil assures minimum comoustion cnamoer and valve face det~osits. ONE OIL FOR ALL SERVICES, b~th diesel and gasoline. Mixed fleets use the same oil in all engines. Simplified inventory and dispensing systems save money. EXCELLENT SOOT DISPERSANCY provides excellent control of deposits and wear to extend engine life and allow for increased ovemaul intervals. Less downtime lowers operating costs. LONG FILTER LIFE. The high level of dis~ersancy keeps deposit precursors finely dispersed in the oil so that they pass through the engine and filter without harm, With reasonable oil drain periods, long filter change intervals are assured, OUTSTANDING OXIDATION STABILITY protects against undue oil thickening dudng drain oeriod. PROTECTS against valve train wear and scuffing of highly loaded parts during boundary lubrication conditions. HIGH DETERGENCY LEVEL for superior engine cleanliness, even at extended oil drain intervals. Provides excellent deposit control in piston ring Typical Test Data CPSNo. ' ~ . , 235101 Visc'os ity, ~(~ne rnatic' ' Pou~ P~i~ ~C('F) ; -33~-~) Sultat~ Ash, ~ whm-~n ao~ot affect proauct m norrna(manufactunng, HDMO-30 3-9-98 Chevron Products Company ATTACHMENT INSPECTION OR PREVENTWE MAINTENANCE CHART ADVANCE GENERATOR SALES & SERVICE, INC. LUBRICATION AND PREVENTIVE MAINTENANCE CHART ~'ob Name: I on wet / / amp volt Lto normsl line volUge Tmp Temp VDC VDC VAC VAC VDC VAC HZ HRS VDC VAC HZ or standb~'~ poMtiml DATI~: DATI~: DAT~: ..DAT~: Requested City Commission [] July 18,2000 ] August L 2000 [] August 15, 2090 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed · in to City Clerk's Office July 6, 2000 (5:00 p.m3 July 19~ 2000 (5:00p.m.~ August g, 2000 (5:00 l~m.) August 16, 2000 (5:00 p.m.I g~quested City commission Meeting Dates Septemberlg. 2000 [] October 4, 2000 [] October 17, 2000 [] NoYemb~r 8. 2000 IV-CONSENT AGENDA ITEM C.1 Date Final Form Must be rumeq in to Ciw Clerk's Office September 7, 2000 (5:00 p.n~ September 20, 2000 (5:00 p.m.) October 5, 2000,5:00 p.m.) October 18, 2000 (5:00 p.m.i NATUKE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Amaouncemem [] Presentation Approve a ~ to apply for a g from NFL Community Football Fields Program to build a Pressbox at Ezell Hester Community Center for the Boynton Beach PAL football program. The grant mount is $90,000. EXPLANATION: The Boynton PAL program would like to upgrade the football field facilities with a Pressbox. The Pressbox would greatly enhance our existing football progran~ It would enable viewing of the field and play dmSng games, serve as a center for official time keeping and score keeping, and also as a media center for reporters as well as video recording games. PROGRAM LM]PACT: This project will enhance the Ezell Hester Community Center making it more amactive to lure Tournaments for sporting events. FISCAL IMPACT: NFL Funding $90,000 City of Boynton Beach $47,255 Total cost of project $137,255 Dep~a-tment Head s Signature 'Uity Manager's Signature Police Department Name City Attorney ~ Finance t Human Resources S:XBULLETINAFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R009- A RESOLUTION OF THE CITY COMMISSION OF THE AT AND WHEREAS~ -EzellHester'C0 ;mmunitY centeristhe~lOcation for"the Boynton Beach PAL football program; ~nd WHEREAS, the Community Center is in need of a Pressbox, which will greatly enhance our existing football program, and which could also result in attracting future Toumaments for sporting events; and WHEREAS, said grant would be in the amount of $90,000, with the City contributing $47,255, for a total, cost of $137,255; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs staff to apply for a grant in the amount of $90,000 from NFL Community Football Fields Program to build a Pressbox at Ezell Hester Community Center. Section 2. This Resolution shall become effective immediately upon passage. ADOPTED this day of PASSED September, 2000. AND CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Clerk Requested City Comm~ssmn Meeting Dates [] Jul3 [8,2000 August 1. 2000 [] August 15.2000 [] September 6. 2000 IV-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOl w D~-te Final Form Must be Turned in to City Clerk's Office Jul5 6. 200( 5:00 p.m.) luly lg. 2000 (5:00 p.m.) August 2, 2000 ~5:00 p.m.) August 16~ 2000 (5:00 p.rru) Requested City Commission Meeting Dates [] September t9. 2000 [] October4.2000 [] October t7, 2000 November 8. 2000 Date Final Form Must be Turned in to Ciw Clerk's Office September 7, 2000 (5:00 p.m.~ September 20, 2000 (5~00 p.m.~ October 5, 2000 (5:00 p.m.) October 18. 2000 (5:00 p,m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends Motion to approve Resolution No. R00- authorizing the Mayor and City Clerk to execute a telecommunication Franchise Agreement with FPL Fibernet LLC. EXPLANATION: FPL Fibernet LLC. has applied to the City for a franchise agreement to provide telecommunications serwces. FPL Fibernet LLC has been certified by the Florida Public Service Commission as an alternate access vendor and desires to utilize the City's right of way. The franchise agreement is subject to and shall be governed by the Federal Telecommunication Act, State Law, and applicable city ordinances. The franchise agreement would allow FPL Fibernet LLC to construct, install, and maintain a portion of a telecommunication system within the City's right of way. The franchise agreement shall be for a period of five (5) years unles otherwise sooner terminated in accordance with the terms of the franchise agreement. FPL Fibernet LLC is required m furnish a construction bond in favor of the City in the amount of $50,000. FPL Fibernet LLC shall calculate the amount of the annual franchise fee payment based on the total mileage of the Company',s System installed in the Public right of way. FPL Fibernett LLC shall not assign or transfer this franchise or any right, title or interest in the agreement without written consent of the City. FPI. Fibernett LLC shall file an application to transfer this franchise or to transfer control of FPL Fibernett LLC and such application shall allow the terms and conditions of this agreement to be negotiable. PROGRAM IMPACT: This franchise agreement would make additional local telephone service available in Boynton Beach. FISCAL IMPACT: FPL Fibernett LLC shall pay to the City a franchise fee equal to $500 per lineal mile of the Company's System which makes physical use of the Public right of way on an annual basis. S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The City is inhibited from denying this request under the Federal Telecommunications Act and other federal law {Effective January l, 2001 telecommunications comnanles ~vill not be reanired to come to a municioalit¥ for a franchise anreement to use local right of way. The only requirement Wil} lie a lo6hl permit to constrt~ct in the right of way}. 7partment Heard s Signature Department Name 'ty At~om~ / Finance / Huma~esources S:~BULLETrN~ORMS~AGENDA ITEM REQUEST FORM.DOC IV-CONSENT AGENDA ITEM C.2 RESOLUTI(~NNO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FPL FIBERNET LLC, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 95-403. Florida Laws, authorizes competition in the local exchange telecommunications business, effective January 1, 1996, and )rovides for alternative local exchange telecommunications companies to be certified by the Fiodda Public Service Commission; and WHEREAS, FPL Fibemet LLC, has been certified by the Fiodda Public Service Commission as an alternate access vendor and desires to utilize City right- )f-way to serve customers in the City; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon .~commendation of staff, hereby authorizes and directs the Mayor and City Clerk to nter into a Franchise Agreement between the City of Boynton Beach and FPL :ibernet LLC to provide telecommunications services; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF tE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida oes hereby authorize and direct the Mayor and City Clerk to execute a Franchise and FPL Fibemet LLC, said ~greement between, the City of Boynton Beach Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this kTTEST: 3ity Clerk '~Corporate Seal) S:Reso~Agr~Franchise Agr- FPL Fibemet082100 day of September, 2000. CITY OF BOYNTON BEACH~ FLORIDA ~ayOr~ ' ' Vice Mayor Ma,/or-Pro Tem '' .... CommisSioner CommisSioner FRANCHISE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND FPL FIBERNET LLC FRANCHISE AGRF, VMENT THIS AGREEMENT, effective this day of ,2000. is by and between the CITY OF BOYNTON BEACH "'the CITY") and FPL FIBERNET LLC. WHEREAS, Chapter 95-403, Florida Laws, authorizes compennon in the local exchange telecommumcations business, effective January 1, I996, and provides for alternative local exchange telecommunicanons companies and alternate access vendors ro be certified by the Florida Public Service Comrmsslon; and WHEREAS, FPL FIBERNET LLC has been certified by the Florida Public Sendce Commission as an alternate access vendor and desires to utilize CITY fight of way; and WHEREAS, FPL FIBERNET LLC, a Delaware corporation, is registered and authorized to do business in the State of Florida; and NOW, THEREFORE, in consideration of the terms and conditions set forth herein, and in consideration of the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the parries hereto agree as follows: 1.0 Grant of Franchise. 1.1 Subject to the terms of this Franchise ~A-greemenr, the CITY hereby grants FPL FIBERNET LLC a Franchise for the privilege ro construct, install, and maintain a pomon of a telecommumcation system withLn the CITY's right of way, said pomon and right of way being described in the Application of FPL FIBERNET LLC dated May 8, 2000, and incorporated herein by this reference. 1.1. Notwithstanding anything contained herein to the contrary, FPL FIBERNET LLC shall not provide services other than alternative access vendor services authorized pursuant ro ~364.337(6), Fla. Stat., without the prior written notification to the CITY and paymeur to the CITY of any and all 1 authorized additional compensarmn. 2.0 Term of Franchise. This Franchise shall be for a period of five 5 years unless otherv~se sooner terminated in accordance with the terms of this Franchise Agreement The Franchise shall commence upon the date of execution by CITY. This Franchise Agreement is subject to all other requirements and conditions set forth in this Franchise Agreement. 3.0 Non-Exclusive Franchise. FPL FIBERNET LLC's privilege ro use and occupy a portion of the CITY's rights of way shall be non-exclusive, and the CITY reser~res the right to grant a similar or other use of said rights of way, or any pomons thereof, ro any person, including the CITY, ar any dine during the term of this Franchise Agreement. 4.0 Franchise Subject to Telecommnnications Act, State Law and Ordinance. This Franchise Agreement is subject to and shall be governed by all terms, conditions and provisxons of the Telecommumcations Act, any amendments thereto, and any other appl/cable provision of federal or stare law. 5.0 Franchise Subject To Other Laws, Police Power. 5.1. FPL FIBERNET LLC is subiect to and agrees ro comply with all applicable local, CITY, store and federal laxvs, ordinances, rules, regulations and orders, as may be amended from nme to time. 5.2. FPL FIBERNET LLC shall at all mines be subject ro all lawful exercise of the police power of the CITY. and this Agreement ~s nor intended to limit the CITY's exercise of such power m any way. 6.0 Reservation of Ri~. 2 6.1. It is explicitly understood that this Franchise Agreement may be modified, after public notice and hearing, ro the extent necessary to comply with the laws of the State of Florida and the requirements of federal law. 6.2. The CITY reserves the right to adopt and incorporate by reference herein, by ordnance, any additional terms, conditions, c~r regulations as it shall fred necessary in the lawfi~l exercise of its constitutional powers. Additional regulations adopted:b~he CITY sh~ ::oe md/~rporafed into this Franchise Agreement and complied with by FPL FIBERNET LLC within skty (60):days o~the date of adoption 0£ such additional regulations 6.3. The CITY rese~es the right to acquire, purchase, own and/or operate a tetecommumcauons system to the extent permitted by local, state and federal law. 6.4. Both the CITY and FPL FIBERNET LLC reserve and may seek any and all remedies available ar law and equity. Neither the CITY nor FPL FIBERNET LLC shall be deemed to have wmved any tights or remedies at hw or equity by wa-me of executing this Franchise Agreement. 7.0 .Insurance. 7.1. Without lirrfiring any of the other liabi~ties of FPL FIBERNET LLC, FPL F[BEP~NET LLC shall furnish evidence ro CITY prior to xrs execution of this Franchise Agreement and shall maintain in force at all times during the term of this -Agreement the following insurance: 7.1.1. Comprehensive General Liability Insurance in an amount of not less than One Nfillion and 00/100 '~$1,000,000.00) Dollars per occurrence combined single limit for bodily injury and property damage. This coverage shall include premises and/or Operanons, Independent Contractors, and Subcontractom, Products and/or Completed Operations, Board Form Property Damage, XCU Coverage and a contractual Liability. 7.1.2. Business Automobile Liabilit~ Insurance covering all owned, non-owned, and hired vehicles used m connection with the performance of services under this Agreement m an amount not less than Five Hundred Thousand and 00/100 $500,000.00) Dollars comb/ned s/ngle limit for bodily injury and property damage liability. Z1.3. Workers' Compensation Insurance m compliance with Chapter 440, Florida Statutes, and all applicable federal laws. The policy must/ndude Employers' Liability with a mtmmum of One Hundred Thousand and 00/100 '$100,000.00~ Dolktrs per acddent. 7.2. l'he insurance coverage obtained by FPL FIBERNET LLC to comply with this Section shall be approved by the CITY, which approval shall not be unreasonably withheld, and all certificates of insurance, Together with written e~dence of payment of required premiums, shall be filed and nminrmned with the CITY. The certificates of insurance filed pursuant to this subsection must contain a statement that the CITY shall recexve at least thJ_rty (30) days' advance written notice of any non- renewal, cancellation, or modificarton of/nsttrance or reduction m coverage. CITY shall be included as an "Additional Insured." 7.3 CITY reserves the right to review and reasonably amend the insurance requirements if it is determined that such adjustments are necessary to protect CITY's interests. CITY shall give FPL FIBERNET LLC at lease sixty (60) days written notice of any new insurance reqmremeurs. FPL FIBERNET LLC shall furnish CITY with a certificate(s) of insurance whenever CITY so requests, as evidence that such insurance is in force. CITY reserves the right to require a certified copy of such certificate(s) upon request. 7.4. Compliance with the foregoing insurance requrrements shall not relieve FPL FIBERNET LLC of any liability and obligations under this Article or under any other secnon of this Agreement. 7.5. All insurance policies required in this Article shall be xvithout any deductible amount and shall be issued by companies authorized to do bus/ness in the State of Florida, with management and 4 financial strength qualifications set forth by CITY's Risk Management Dimsxon. 7.6. FPL FIBERNET LLC and the CITY agree that FPL FIBERNET LLC may self-insure ~ts obligations under this Franchise Agreement. FPL Fl:BEg_NET LLC shall p~rov/de th~ CITY with thirty (30) days written notice prior ro cancellauon, revocation, non-renewal, or materiai change m such self- 8.0 Indemn~fication~ of,the CIT~ 8.1. F~L F1BERNETLLC agrees at its sole cost and expense to fully indemnify, hold harmless. and defend at the CITY Attorney's option, the CITY,. its officials, officers, boards, commissions, comrmssioners, agents, and employees against any and all acdons, claims, suits, penalties, liabilities and judgments for damages at law or equity of any nature whatsoe,rer, including but nor limited to, costs and expenses for legal fees and disbursements assumed or incurred by the CITY and the reasonable value of any services rendered by the CITY Attorney arising out of or in connection with: 8.1.1. The construction, installation, maintenance, or operation of FPL FIBERNET LLC's telecommumcations system; or 1.1.2.$.5.2. The conduct of FPL FIBERNET LLC's business, including any acts or ormssions of FPL FIBERNET LLC. its servants, employees, or agents, whether or nor such act or ormssion is authorized, required, allowed or prohibited by this Franchise Agreement. 5 9.0 Construction Bond. FPL FIBERNET LLC shall furmsh a construction bond in favor of the CITY in the mount of Fifty Thousand 350,000.00) Dollars. If such construction bond is not furnished to the CITY within forty-five (45) days of the effective date hereof, this Fxancinse Agreement and the grant of the Franchise ~51l become null and void without further action by the CITY. The construction bond must be appro~red by the CITY which approval shall not be unreasonably withheld. 10.0 Liability_, FPL FIBERNET LLC agrees that CITY shall not be responsible or liable for inimaes to persons or damage ro public or private property when such inimSes or damage ~s caused by the ac-dons of FPL FIBERNET LLC or results from FPL FIBERNET LLC's use of CITY's rights-of- way under the terms of this Agreemem. 11.0 Release of CITY Liability. FPL FIBERNET LLC acknowledges and realizes that potential dangers and risks associated with the types of acnvmes described herein and hereby agrees to release, xva~ve, discharge, and covenants not ro sue CITY, its officers, agems, and employees for any and all I/ability ro persons for any and all damage, social, and econordc losses and any rights or claims which may be sustained by them direcdy or inclkectly m cormecnon w/th, or solely arising our of FPL FIBERNET LLC's use of CITY's rights-of-way for the purposes set forth in tins Agreement. 12.0 Use of ~._~.ghts of Wa_.E 12.1 FPL FIBERNET LLC and CITY acknowledge and agree that a non-exchisive Franchise ~s hereby granted to FPL FIBERNET LLC ro utilize that pomon of CITY's tights-of-way described in Exhibit "A" in accordance with the terms and conditions of tins Agreement £or the sole purpose of installing aerial fiber optic cable lines. Use of the rights-of-way described in Exhibit "A" shall be from a point-to-ix>mx basis and shall be for a definite amount of linear feet. Any future request by FPL FiBERNET LLC for a pertmr as described in this Agreement and at such locations identified m 6 ExbJbk "A" shall require only notification to CITY and permimng by the Engmeehng Division. 12.2 Ail of FPL FIBERNET LLC's telecommumcafions system facilities shall be installed and maintained underground to the exrem required by local or state law. 12.3 FPL FIBERNET LLC sh '~I1 utilize, With the owner's pErm/ssion, exasring condmts, poles, or other facilities whenever feasible. FPL FIBERNET LLC has the duty and the responsibility ro obtain or establish the'existence of an easemen~br dedication for. it~ UsE. Copi4s 'of agreements= for use of conduits or other facilities shall be filed with the CITY upon the CITY's request. 12.4 All of FPL FIBE1GNET LLC's transmission lines, equipment, structures and other facilities shall be installed, located and maintained so as to cause minimum interference with the fights and convenience of property owners. The CITY may issue such rules and regulations concerning the installation and maintenance of a telecommunications system installed in, ~ or over public Streets, as may be consistent with the CITY's Code of Ordinances. 12.5 All safety practices required by law or accepted industry practices and standards shall be used during construction, maintenance and repair of the teleconunnmcafions system. 12.6 As required by the CITY, and upon receipt of written notice from the CITY, FPL FIBERNET LLC shall remove, relocate, replace or modify ar ~ts own expense (except as other~vise required by law) ~rs facilities within any public Street. 12.7 F?L FIBERNET LLC shall obtain any required perrmts and pay any required fees before commencing any construction on or otherwise disturbing any private property or public Streets as a }esnlr of its construction or operations. FPL FIBERNET LLC shall, ar irs own expense, restore such property to a condition as good as its former condition, if sucli restoration ~s not performed in a reasonable and satisfactory manner within tl~ (30) calendar days, the CITY may, after prior notice to FPL FIBERNET LLC. cause the repairs to be made at FPL FIBERNET LLC's expense. 12.8 If the CITY is requixed to perform emergency Street work requiring relocation of FPL FIBERNET LLC's facilities in the Streets, then FPL FIBERNET LLC shall reimburse the CITY for tis reasonable costs associated with such relocation. 12.9 FPL FIBERNET LLC shall not place facilities, eqmpmenr or fixtures where they will interfere with any gas, elecmc, telephone, water, or sewer fac/lit/es, or obstruct or hinder in anv manner the various utilities servkqg the residents of the CITY. All such facilities, equipment or fixtures placed in any public Street shall be placed close m the 1/ne of the lot abutting on the public Street, in a manner so as nor ro interfere with use of the public Street. 12.10 FPL FIBERNET LLC agrees ro abide by the Mimmum Standards Applicable to Public R/ghts- of-Way adopted, or amended, by CITY. FPL FIBE1LNET LLC shall furnish the Engmeenng Division with engineering plans and application for plan review, make any requ/red correcuons, obtain plan approvals, submit applicat/on for permit and obtain a fights-of-way perm/r through a Franchised engineering contractor, fum/sh shop drawings s/gned and sealed by an engineer Franchised in the State of Florida for any structures placed in the fights-of-way, obtain CITY approval of a Maintenance of Traffic Plan for the project, schedule, and attend a pre-consrrucuon meemng prior ro commencing work in the public rights-of-way and provide as-built drawings s/gned and sealed by a professional land sur~-eyor Franchised in the State of Florida. FPL FIBERNET, LLC shall require in wmtmg that any and all licensees or users utilizing its fac/lit/es to comply with all rules, regulations, laws, and ordinances of CITY. 12.11 Prior ro authorizing any relecommtmicadon, commumcadon, or cable company to expand its relecommumcauons, commumcafion or cable system m the CITY, FPL FIBERNET LLC shall notify the CITY in writing and furmsh the idenmY and address of the company. 13.0 Restoration of Area. FPL FIBERNET LLC warrants to CITY that k will be responsible for 8 promptly cleaving up and restoring that pordon of CITY's rights-of-way affected by this Agreement. If FPL FIBERNET LLC fails to clean up and restore to CITY's satisfaction, CITY may, w/thin seventy-two (72) hours notice to FPL FIBERNET LLC, clean up md eestore CITY's fights-of-way ar FPL FIBERNET LLC's sole expense. FPL FIBERNET LLC WiI1~ rerdt CITY's costs for clean up and resroranon within th/try (30) days of CITY invoicing FPL FIBERNET LLC. 14.0 Performance Of Activities. FP'E FIBERNET LLC agrees' to ~bide by the'work schedule requirements specified in the permit for work in CITY's rights-of-way 'except for-emergency~ work deemed and authorized by City Engineer or his des/ghee. 15.0 Franchise Fee. 15.I In consideration of the privilege granted herein to use and occupy the portion of the City's fight of way identified on Exhibit "A," to construct, install, and maintain irs telecommunications system, FPL FIBERNET LLC shall pay to the CITY a Franchise fee equal to five hundred dollars ($500.00) per lineal mile of the Company's System which makes physical use of the Public Rights-of-Way; provided, however, that the fee imposed hereunder shall nor apply in any manner ro the Company if ir commences to provide such tetecommumcadon services as deemed m Section 203.012(3 (Florida Statutes), in xvhich case the Company shall pay to the City a fee calculated as stated in Section 337.401 (3) (Florida Statutes). 15.2 The Company shall calculate the amount of the atmual franchise fee payment on the date the Agreement is adopted, and subsequently on each anmversary of that date thereafter, based on the total mileage of the Company's System mstalted in the Public Rights-of-Way on that date. Payments by the Company shall be made within th/rtE-five (35) days thereafter, and shall be accompamed by an explanation of the calculation of the payment amount. Payments received after the 36~ day shall be sublecr ro interest chazges of 12% per annum or the highest amount then permitted by 9 law, wh{chevez is lower. 15.3 Notwithstanding anything included in this Agreement to the contrary, in no event shall the Company be required to pay any fee, charge, cost expense or compensation, or perform any serwce, that is in excess of that amount pemntted or directed by Law. 15.4 To the extent that Chapters 202 and 337. Fla. Stat conflict and preempt with this Section, then Chapters 202 and 337 shall preempt and supersede this SeCtion concerning the payment of franchise fees by FPL FIBERNET LLC to the CITY. 15.5 The acceptance by the CITY of any payment from FPL FIBER_NET LLC of the Ftanckise fee shall not conslimte a release or an accord and satisfaction of any claim the CITY may have against FPL FIBERNET LLC for performance of any of its obligations under this Franchise Agreement, oz local, state or federal law. 15.6 Following the expiration or the tem'Xnanon for any reason of its Franchise, FPL FIBEILNE7 LLC shall pay the Franchise fee owed as of the date that its opetadons ceased within nmet3' (90) calendar days of ceasing such opetadons. 15.7 FPL FIBERNET LLC expressly agrees that: (i) the Franchise fee payments to be made pursuant co this Section shall not be deemed to be in the nature of a mx; (ii) such Franchise fee payments shall be in addition to any and ali taxes of a general nature and not applicable solely to telecommunicauons system opetadons within the CITY or other fees or charges which FPL FIBERNET LLC shall be required to pay to the CITY or to any state or federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligauons of FPL FIBEKNET LLC; tm) FPL FIBERNET LLC shall not have ox make any claim for any deduction or other credit of all or any part of the amount of said Franchise fee payments from or against any of said CITY taxes or other fees or charges which FPL FIBERNET LLC is required to pay to the CITY, except as agreed 10 herein or reqmred by law; (iv) FPL FIBERNET LLC shall not apply nor seek ro apply ail or any part of the amount of said Franchise fee payments as a deduction Qr other credit from or against any of said CITY taxes or other fees or charges, each of whigh shall be deemed to be separate and distinct obliganons of FPL FIBERNET LLC; (v) FPL FIBERNET LLC shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges as a deduction or other credit from or agalns~ any Qf its Franda/se, £e~ :obligafio~s~ ea.v-lg~ of ,.which shall, b.e ,deemed. to be separate and distinct obkgadons of FPL FIBER_NET LLC; and (vi) the Fmchise fee specified herein is the fair market value for the grant hereunder of a Franchise for use of the pomon of the rlght of way, including ali public easements, public r~ghts-of-xvay and other entitlement to use, occupy or traverse public property., fo~ the purpose of operaung a telecommumcations system. 16.0 Right to Inspect Financial Records and Facilities. 16.1 FPL FIBERNET LLC shall maintain a complete set of books and records, including phns, contracts, and engineering records. 16.2 The CITY shall have the right ro inspect and conduct financial audit, at FPL FIBERNET LLC 's iocal office, and copy the books and records specified m subsection 16.1 hereof and such other records as may be required by the CITY to perform its regulatory responsibilities. The CITY agrees ro carry our any such inspection during FPL FIBERNET LLC's normal business hours and upon reasonable nodce. Access by the CITY to FPL FIBERNET LLC's books and records shall not be de~ed on grounds that such books and records contain proprietary or confidential information. 16.3 The CITY shall accord all books and records that ir inspects under this Section the degree of confidemtialitT' such books and records are entitled to under federal and state law. FPL F1BERNET LLC's books and records shall not consnmte public records, except to the extent required by.state law. To the extent FPL FIBERNET LLC considers any books or records that it is required to produce to 11 be confidential or otherwise protected from public disclosure, FPL FIBE1LNEI LLC shall designate which documents ir views as protected and provide a wnrren explanation to the CITY of the legal basis for FPL FIBEI~NET LLC's claim of protection. 16.4 The CI~TY shall have the fight to inspect FPL FIBERNET LLC's facilities and property during FPL FIBERNET LLC's normal business hours and upon reasonable nonce. 17.0 Modification of Franchise. FPL FIBEILNET LLC shall file an application with the CITY for any modification of its Franchise. This Agreement may not be modified unless such modification is approved by both pardes 18.0 Transfer of Franchise. 18.1 FPL ...................................... ~ ................. ~ ............... F .... k)P ........ , ............ ~,..~ ,, CIT~ ..................................... ~ .................... 18.1 Franchisee shall not assign or transfer its Fe~nchise or any right, fide or interest in this 1.2 Agreement without the written consent of the CITY, xvhich consent will nor be unreasonab[? withheld; except that upon written notice to the CITY; and upon submission of a statement by th,. assignee that it assumes all obligations of Franchisee under this Agreementl Franchisee may make such assignment to: 'a) a sub~idi,w affit ~re or parent company; or (b) an¥:'~ or~corpor~fio, which Franchisee controls, is controlled by, or is under- common ccmtrol xvith} 0~,¢) am* parmersbJi, in which it has a majority interest; or (d) to any endr7 which suec'eeds 'to ag o~;s~bsra~h~tly,all of/ts assets wher}xezbwmerger, sale or otherwise. Consent will be deemed, granted wi~ 120 days of any request unless the CITY .finds that the proposed assignee ~or rransfexee lacks the legal, 6n,,cial c,~ technical qualifications ro operate Franchisee' s system. 18.2__Franchisee shall file an apphcation ro transfer its franchise or to transfer control of Franchisee. Such application shall allow the terms and conditions of this A,greement to be negotiable. 18.3 In the event of an unauthorized transfer in violation of this Section, the enrtre amount of thc bond established pursuant to Section 19 hereof shall m~mediatelv revert to the CITY, and Franchisee shall be subiect to ~ll applicable sanctions set forth in rlds Agreement 19.0 Termination. This Agreement may be terminated by either parry in the event of the following 19.1. in the event the public right of way is closed, abandoned, vacated, discontinued, reconstructed, widened, or repaired by CITY. In this event. CITY shall notify FPL FIBERNET LLC in writing of the need to relocate its facilities and FPL FIBER_NET LLC shall have a reasonable period to relocate 19.2. F~ither party is in default of its obligations under this Agreement and: 19.2.1 That party has been given written notice of the nature and manner of such default; 13 19.2.2 That pgrty does not start to take action ro correct such default within ten 10) days after receimg, g such wfitren notice; and 19.2.3 That parry, fails therea£ter to proceed diligently and promptly to remedy or correct the default to the reasonable satisfaction of the non-defaulting parry. 19.3. Any and all rights, remedies, and opuons gxven herein shall be cumulative and in addition to and without waiver of, or in derogation of, any fight or remedy g~ven under any laws now or hereafter in effect, including, bur not lira/ted to CITY's fight to recover any and alt damages caused by FPL's breach. 20.0 20.1. Abandonment and Removal In the event that the use of any property of FPL FIBERNET LLC located within the City's property or a portion thereof is discontinued for a continuous period of twelve (12) months, FPL FIBERNET LLC shall be deemed to have abandoned that property. 20.2. CITY, upon such terms as CITY may impose, may give FPL FIBERNET LLC pemaission to abandon, without removing, any System facility or equipment laid. directly constructed, operated or maintained in, on, under or over the CITY's property. Unless such permission is granted or unless otherVCise provided by CITY, FPL FIBI~RNET LLC shall remove all such facilities and eqmpmenr upon receipt of written notice from CITY and shall restore any affected Property to substantially its former stare at the 6me such facilities and equipment were installed, so as nor to impair xts usefulness. In removing xts plant, structures and eqmpment, FPL FIBERNET LLC shall refill at xts own expense, any excavation made by or on behalf of FPL FIBERNET LLC and shall leave Property and other public ways and places in substantially as good condition as that prevailing prior to such removal without materially interfering with any elecrficat or telephone cable or other utility wires, poles or arrachments. CITY shall have the right to mspeer and reasonably approve the condiuon of the Property, streets, public ways, public places, cables, wzres, attachments, and poles prior ro and after removal. The liability, indemnity and insurance provisions of this Agreement and any security fund provided for hereto shall continue m fi2d force and effect during,the period of removal and until full zompliance bv FPL FIBERNET LLC with the terms and conditions of this Secdon. '20.3~ Upon abandonmer~t:of any property in place, FPL FtB~RNET I~C, if reqni~ed by CITY, shall submit to CIT~ a~,bil! 'of sale and~or Other instrument saXisfacto~v in form and content to the CITY, transferring to the CIR~f the ownership of the property abandone& 20.4. At the expiration of the term for which the Franchise xs granted, or upon its earlier revocation or termination, as provided for hereto, in any such case without renewal, extension or transfer, the CITY shall have the right to require FPL FIBERNET LLC to commence removing, at irs o~vn expense, all above-ground pordons of the Telecommumcations System from all Property, streets and public ways within a reasonable period of time, which shall not be less than one hundred eighty (180) days. 20.5. The FPL FIBERNET LLC may, with the consent of the CITY, abandon any underground property in place so long as it does not materially interfere with the use of the Property, street or rights-of-way in wkich such property is located or xvith the use thereof by any public utility or other cable grantee, Franchisee, or Franchise. 21.0 Notices. All notices required her~in shall be given m wrinng and shall be sent by United States mail, postage prepaid, remm recmpr requested, hand delivery evidenced by a delivety receipt, or by overmght express delivery service addressed to the party for whom ir is intended at the place last spec/fled. All notices given shall be deemed to have been g~ven upon receapt. Either parry shall have the right, by giving wrinen nonce to the other, to change the address at which its notices are to be 15 received. Until any such change is made, notices shall be delivered as follows: CITY: BOYNTON BEACH 100 East Boynron Beach Boulevard Boynton Beach. Florida 33425 Atrenuon: Kurt Bressner, City Manager 561 742-6060 ~561~ "42-6090 facsimile With Copy to: lames A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Bou}evard, Suite 200 Fort Lauderdale, FL 33308 (954) 771-4500 / (954) 7714923 facsimile FPL FIBERNET LLC: Sol Stature, Controller FPL FiberNet LLC 9250 W. Flagler Street Post Office Box 029100 ~ FL 33102-9100 305) 552-3183 With a copy to: James A. Scott, Esq. Edward J. Pozzuoli, Esq. Darnel E. Taylor, Esq. Tr~pp Scott 110 S.E. Sixth Street, 15e~ Floor Fort Lauderdide, FL 33301 (954) 525-7500, (954) 761-8475 facsiroJle and R. Wade Litchfield, Esquire 700 Universe Boulevard Juno Beach, FL 33408 22.0 Misce~aneous. 22.1. Entire A~_~ment This Agreement shall constitute the full and final expression of intent of the patties, and no paragraph, clause, condition, or privilege may be modified, varied, altered, or added except by a written agreement executed by the parties hereto with equal digrfiry. 22.2. Merger. This document incorporates and indudes all prtor negotiauons, correspondence, 16 conversanons, agreements, or understandhags applicable to the matters contained herein; and the parnes agree that there are no comrmtments, agreements, or tmderstandmgs concerning the subject matter o£ this Agreement that are not contameel in this document. Accoxdingly, the parties agree that no deviation from the terms hereof shall be predicated upon~ any prior representauons ur agreements. whether oral or written. 22.3. ~ This Agreement-'~a~l ntt~ be transfe~ed!tr assLgned, in whole, or m part, by FPL FIBERNET LLC without the pri0t written c~ent: o£ CITY, which consent sh~ll not be un~easonably withheld, except as provided in paragraph lB;1. 22.4 Successors_and Ass.~g!~.. This Agreement shall be binding upon and inure to the benefit of the successors and ass~as of the parties hereto where pertmtted by this Agreement. 22.5. Contract Achnlnlsttator and Des'~m'nated Representative. CITY's Contract Admgmsrrator for this Agreement is the City Manager. F'PL FIBERNET LLC's Designated Representative for this Agreement is R~ Wade Litchfield, Esquire. In the administration of th~s Agreement, as contrasted with matters of policy, ail parties may rely upon the instructions or determinations made by the respecnve Contract Adrnimstrator and the Designated Representanve. 22.6. Joint Preparation. The preparation of this Agreement has been a lomt effort of the parties and the resulting document shall not, sole& as a matter of judicial construcnon, be construed more severely against one of the parties than the other by vm-Ue of the fact that it may have been physically prepared by one party or its attorneys. 22.7. Venue. This Agreement ~s governed by the laws of Florida. Any disputes relating to this Agreement shall be resolved in accordance with the laws of Florida and venue for any action shall be Broward County, Florida. 22.8. Compliance with Laws. FPL FIBERNET LLC shall comply with aB statutes, laws, 17 ordinance, rules, regulations, and lawful orders of any governmental entity or public authority which may be applicable to the use of the prernkses by FPL FIBEKNET LLC. 22.9. Records. If the Florida Public Records Act xs applicable eo FPL FIBERNET LLC, FPL FIBE1LNET LLC shall preserve and make available all records and documents pertinent to this Agreement in accordance with the requrrements of Chapter 119, Florida Statutes. In addition, FPL FIBERNET LLC shall preserve and make available to CITY all financktl records, suppomng documents, staustical records, and any other documents penment to this Agreement for a period of dine as requfzed by the Public Records Law or for a period of four (4) yexts after tenranafion of this Agreement, whichever is longer, or if an audit has been zmnated and audit finclhags have not been resolved at the end of these fo~ [4) years, the records shall be retained until resolution of he audit findings. 22.10. Thitd-Pa~_ Beneficiaries. Neither FPL FIBERNET LLC not CITY intends to directly or substandally benefit a thiM-party by this Agreement. Therefore, the pames agree that there a~e no dqizd-parcy beneficiaries to this Agreement and that no third-party shall be enufled to assert a claim against either of them based upon this Agreement. 22,11. Sevembili _W. In the event a pomon of this Agreement is found by a. court of competent ~ufisdicuon to be invalid, the remaining provisxons shall continue to be effective. 22.12. No Pro e . ' Ri hts. This Agreement shall not be deemed a lease of any CITY propetW for the use penr~itted hereunder granting FPL FIBERNET LLC any property fights or leasehold interest. but rather a Franchise to use and occupy the respective fights of way under the terms and conditions stated hereto. 18 IN WITNESS OF THE FORJEGOING, the parties have set then hands and seals the day and year first ~vritzen above. FPL FIBERNE~I' LLC By Name Tide: Corporate Seal Dated: AS WITNESS may hand and Notary Seal My Commission expires: Notary Public ATTEST: CITY CITY OF BOYNTON BEACH SUE KRUSE, CMC/A2kE CITY CLERK BY: GERAI,D BROENING, MAYOR APPROVED AS TO FOP, aM JAMES A. CHEROF CITY ATTORNEY 19 ?V-CONSENT AGENDA ITEM C.3 RESOLUTION R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND.DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BET~VEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH ESTABLISHING WATER AND WASTEWATER SERVICE AREA BOUNDARIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7, 1985, the County and Cty entered into an Agreement, which Agreement established service area boundaries between the water and. wastewater systems of the County and City; and WHEREAS, the County and City desire to redefine their respective service area boundaries for the .prevision of potable water, reclaimed water and wastewater service to permit the County to serve the areas defined in the attached Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission dces hereby authorize and direct the Mayor and City Clerk to execute an Agreement between Palm Beach county and the City of Boynton Beach, establishing water and wastewater service area boundaries, which Agreement is attached hereto as Exhibit "A". Section2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2000. '::~ MayO~r · - vice Mi~YOr MayorPm: Tem Commissiener Commissioner ATTEST: City Clerk (Corporate Seal) Bressner, Kurt Sent: To: Subject: Bressner, Kurt Friday, August 25. 2000 2:32 PM Lamanna, Rosemarie; Cherof James Kruse, Sue; Prainito, Janet; Sugerman. Dale Agenda Item C-3 Consent Agenda for 9/6 Unless Dale and I are mistaken, this item has been effectively replaced by New Business Agenda Item X A (Biltmore Terrace). To have the matter resolved, Legal will still need to prepare an Agenda Request Form advising the Commission that the item is a duplicate and should be removed from the agenda. Thanks, Kurt CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Coramission ZV-CONSENT AGENDA I'TEM C.4 September 7, 2000 (5:00 p.m.) S~bex 20, 2000 (5:00 p.m.} October 5, 2000 (5:00 p.m.) October 18,2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admirfistrative ~ Development Plans [] Consent Agenda [] New Business [] Public Hearing -'] Legal [] Bids [] Unfinished Business [] Announee~nent [] Presentation RECOMMENDATION: Motion to identify the following four engineering firms as being qualified to provide consulting engineering work for the City's Utility Department, and to authorize negotiations for entering into consulting engineering contracts: Camp Dresser & McKee, Inc. of West Palm Beach, Florida CH2M Hill of Deedield Beach, Florida Hartman & Associates, Inc. of Orlando, Florida Metcalf & Eddy, Inc of Miramar, Florida EXPLANATION: Being that the City, and in particular the Utility Department, will be undertaking a significant amount of capital improvement projects over the course of the next 3-5 years, we solicited proposals for the provision of engineering services from various national consulting engineering firms. Under the provisions of the Consultants Competitive Negotiations Act, the City asked firms to submit to our review panel a statement of their qualifications to serve as our Consulting Engineers. The above four firms were further invited to make a formal presentation to and then to respond to a series of questions by our technical review panel. Those presentations were held on July 31, 2000. Based upon their original statement of qualification, their formal presentation and their response to our technical review panel's series of questions, we are recommending that ail CITY OF BOYNTON BEACH AGENDA ITEM 'REQUEST FORM four of the above listed firms be alloWed to serve ascbn~ulting engineer's to the City's Utility Department. PROGRAM IMPACT: particulm fion atany given tim( FISCAL IMPACT: Once approved by the Cit"y Commission as being one of the four firms to provide us with consulting engineering services, we will begin the negotiations process for establishing hourly rates with each of the .four firms. In the near future, specific contracts for engineering services, with a set hourly rate chart included as part of the COntract, will be forwarded to the City Commission for its consideration and approval. ALTERNATIVES: Rather than identifying a I four firms as being eligible for doing work for the City, limit it to just one firm to provide us with all of our necessary consulting engineering work Utilities City Manager's Signature City Attorney / Finance / Human Resources RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING FOUR COMPANIES AS GENERAL CONSULTANTS FOR ENGINEERING SERVICES, AS FOLLOWS: CAMP DREssER & McKEE, INC.; CH2M HILL; HARTMAN & ASSOCIATES, INC.; AND METCALF & EDDY, INC.; AUTHORIZING NEGOTIATIONS FOR ENTERING INTO CONSULTING ENGINEERING CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to designate four 9ngineering firms as being qualified to provide consulting engineering work for ~he City's Utility Department, and to authorize negotiations for entering into :onsulting engineering contracts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida Joes hereby designate the following four engineering firms as being qualified to )rovide consulting engineering work for the City's Utility Deoartment, and ~uthorizes negotiations for entering into consulting engineering contracts: Camp Dresser & McKee, Inc,. of West Palm Beach, Florida; CH2M Hill of Deerfield Beach, Florida; Hartman & Associates, Inc,. of Orlando, Florida; and Metcalf & Eddy, Inc., of Miramar, Florida Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) day of September 2000. C ~Y OF!BO~NTON BEACH, Ft. ORIDA ~MayO~ Vice~ Mayor Mayor Pro Tern Commissioner Commissioner Requested City Commission Meeting Dates [] July I8,2000 [] August L 2000 [] August 15, 2000 [] September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM IV-CONSENT AGENDA ITEM D.1 Date Final Form Must be Turaed Requested City Commission in to Cit~ Clerk's Office Meeting Dates July 6, 2000 (5:00 p.m.) [] September 19, 2000 July 19,2000 (5:00p.m.) [] October4. 2000 August2.2000 (5:00p.m.) [] October 17,2000 August 16, 2000 (5:00 p.m.} [] November 8. 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcemem [] Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18. 2000 (5:00 pan.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the September 6, 2000 City Commission agenda under Consanr- Ratification of Plauning and Development Board action. The Planning and Development Board with a unanimous vote recommended approval subject to the single staff comment. For further details pertaining to this request see attached Department of Devalopment Memorandum No. PZ 00-245. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: ORIANA GRANITE (Lot 50A) Rober Sullivan Oriana Granite Lot 50A Quantum Park Request for relief from Chapter 2-Zoning, Section 7.H.3 requiring a minimum driveway separation of 150 feet to allow a six (6) foot variance or a 144 foot driveway separation in a Planed Industrial District (PID), PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ' Ci-ty-191anager's Signature Director ~t'Plannin~ ahd Zoning City Attorney / Finance / Human Resources DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZoNiNG DiV[SiON MEMORANDUM #00-245 Staff Report Planning and Deve opment Board and. city C0mmission~ Meeting Date: File Nq: August,22, 2000 ZNCV 00-009 Dista[ice between driveways. Location: Quantum Corporate Park, Lot 50-A / Park Ridge Boulevard Owner: Odana Gi'anite Project: Industda (decorative stone cutting and finishing), Variance Request: Request relief from the City of Boynton Beach Land Development Regulations. Chapter 2, Zoning, Section 7.H.3., to a ow a 6 foot reduct on from the one hundred: f'lfty (150) feet separation betWeen 2 nteri0r driveways required w th n the PI'D Planned InduStrial Development zoning district to allow a 144 foot separation. BACKGROUND On June 6, 2000, a new site plan was approved for the subject vacant property to construct a 24,010 square foot industrial/office facility for a business which cuts and finishes decorative stone (see Exhibit "A" - Location Map). The Quantum Park Master Plan indicates only one ddveway opening for th~s parcel located at the northwest comer of the site which lines up with the existing median opening on Park Ridge Boulevard. The code allows a maximum of two (2) ddveway openings per parcel with a minimum of 150 foot separation dimensioned from centedine to centerline. The approved site plan depicts two (2), 20 foot wide driveways on Park Ridge Boulevard which centedines are 144 feet apart from each other (see Exhibit "B" - Site Planl In compliance with said site 131an conditions of approval the applicant is requesting relief from the Land Development Regulations to allow both driveway openings. The following is a description of.the zoning districts and land uses of the properties that surround the subject property: North: Publix Distribution Center, zoned PID. South: Florida Power and Light Substation, zoned PID. East: Pa~king lot for Curt J0a Industries, and a parcel under construction for assembling of packaging machines and warehouse, both zoned PID. West: Vacant parcel zoned PID. Page 2 Oriana Granite File No. ZNCV 00-009 ANALYSIS The code states that the zoning code variance can.not be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the/and, structure, or. building involved and which are not applicable to other/ands, structures or buildings/n the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to oth, er lands, buildings, or structures in the same zoning district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public we/fare. Staff has reviewed the cdteda used in justifying a variance, as well as site restrictions and proposed use .and design requirements. Staff conducted this analysis focusing on items "e" and "f" above, which require that the request will make possible the reasonable use of both the land and the structure, and at the same time granting the variance will be ~n harmony with the intent of the code and not detrimental nor mjudous to the area and public welfare. According to the applicant's response to the above criteria, contained in the Exhibit "C", the applicant feels that by denying this request the maneuverability of public fire and sanitation vehicles, and the commercial trucks as well. will result on unnecessary and undue hardship, therefore, jeopardizing both safety and commercial traffic flow. According to the type of business to be conducted atthe site, the approved site plan shows a traffic flow designed to facilitate in a safe and functional manner the loading/unloading in the back and in the storage area at the east side of the building. It should be noted that the site plan depicts the dumpster location at the south east corner of the site. Page 3 Odana Granite File No. ZNCV 00-009 Staff feels that by denying this request the applicant would be forced to redesign the project in order to facilitate safe interior vehicular movement with only driveway. Unfortunately the lot size restricts the placement ofboth driveways at the m nirnum 150 feet c~istance ~quired by code Staff concurs With the applicant that in the i~tere¢~'O~:pdblic Safety, p acing a 'one Way" Sign at t~e eeasterr~most, parking island/reed an located Jn the~fr0nt, pa~king lot on the :~a~t, sid~ of [he, building will minimize safety concerns. FOr the same eeasons, an~ in com~l ante with 'on~ ~the conditions o~ the site plan approval, the applicant shou d.place a bne way s gn at(he westemme~ l~a.rking island/m~ian ocatedin the. fr~. :'parAin~ Idt' on building, ' . ,' CONCLUSIONSIRECOMMENDATION/ ~: Based on the analysis contained herein, staff finds that th~s vadance is justified for the f~llowing reasons: a. Special conditions and circumstances ex st which~are peculiar to the sub',.rect property b. The vadance requested represents the minimum vadance needed to utilize tt~e site i~ the most reasonable way; and c. That granting the variance would be inharmony with the genera ntent of the regulation to promotesafe and logical t~affic circulation. Therefore, staff recommends that the request by Oriana Gran te for a vadance from the City of Boynton Beach Land, Development RegulationS, Chapte,r 2, ZerOing, Section 7.H. 3, to'allow reduction of driveways separat on n a P D P armed r~d~tr[a D~tr ct...fomr 150 feet to:" · ' 144' feet, be granted. This recommendation is subject to the cenditlons of approval,indicated within Exhibit ~D", Conditions of Approva MR/dim MAP ORIANA GRANITE EXHIBIT A City of Boynron Beach I00 E. Boynton Beach Boulevard P.O. Box 3 lO Boynton Beach. Florida 33425-0310 Fax: (56 l) 742-6259 Attn: Mike Rumpf Director of Planning & Zoning ORIANA GRANITE VARIANCE EXHIBIT "O" QUINCY JOHNSON ARCHrlTCTS That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning d/strict. Response: The width at the entrance side only of the existing lot 50 A less the requ/red landscape easements and landscape buffera does not allow for the required 150 froot rn/nimum driveway centerline to driveway centerline separation. B. That the special conditions and circumstances do not result from the actions of the appiicanL Response: The special conditions and circumstances are due to the width of the lot tapering from front to back along with the required landscape easements and landscape buffer on the entrance side of the lot and not due to the actions of the applicant. That granting the variance requested, would not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or st"uctm'es in the same zoning district, Response: The granting of the variance will allow for easier egress of Public Fire and Sanitation vehicles as well as owner generated vehicle traffic. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. Response: The removal of the secondary driveway will unneceesadly create an undue hardship limiting the maneuverability of Public Fire and Sanitation vehicles as well as owner's trucks vans, and cars That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or sn-ucture. Response: We are requesting the minimum variance width at the entrance side only of the existing lot 50 A the width of the lot less all setbacks and easements dictate the minimum variance. 949 Clint 3,! aore Road o Boca Raton. Florida 33487 · .361-997-9997 o Fnx 561-997-1bi0., em~ail infog'¢mincvlohnson.corn N. F,:rncreek Avenue. Suite C - OrMndo. Florida 32Ill}3 o -l. 07-az3-99q- o Fa~ 40:'-~{~-~-2228 o e-mail freds'a qumcv[onn,~Iln.cor'l That the granting of the variance will be in harmony with the this chapter and that such variance will not be injurious to the area den'imental to me public welfare. , R~F~o~,se:The granting of the variance will allow for e~t and free flowing egress from be~2inj~il:ious to the area involved or otherwise detrimental to the public welfare. Robert M. Sullivan Project Manager nusulli~an('~qainciohnson.eom 949 Clint ,~loore Road · Boca Raton. Florida 33487 o 561-997-9997 * Fax 361-997-1610 "e-mail info~ quinc,/lohnson.com N. Ferncreek ~.venue, Suite C · Orlando. Florida 0-803 · 4~7-843-9997 - Fax 4074~43-222g · e-mail freds'~'qumc~lohnsot~.cqt~ EXHIBIT "D' Conditions of Approval Project name: Oriana Granite Zoning Code Variance File number: ZNCV 00-009 Reference Application receiver[June 16, 2000 DEPARTMENTS. INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. Place a "one way" sign at the westernmost parking island/median located in X the front parking lot on the west side of the building. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE X Page 2 Oriana Granite ZNCV 00-009 3 To[be determined i: MWR/blw ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Oriana Granite Zoning Code Vanance APPLICANT'S AGENT: Robert Sullivan C/O Quincy Johnson Amhitects APPLICANT'S ADDRESS: 949 Clint Moore Road, Boca Raton, Florida 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 5. 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: Lot-50 Quantum Park DRAWING(S)~ SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA'I-I'ER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Plannwng and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Ftodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 2. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall Pake effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cit~ Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] July l8, 2000 July6,2OOO(5:OOp.m.) [] September l9, 2000 [-- August 1,2000 luly i9,2000 (5:00p.m.) [] October4, 2000 [] August 15, 2000 August 2, 2000 (5:00 p.m3 [] October 17, 2000 [] September6.2000 August l6, 2000 (5:00p.m.) [] NovemberS, 2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Announcement [] IV-CONSENT AGENDA ITEM D.2 Date Final Form Must be Turned in ro Ci C~'s Office_ September 7, 2000 15:00 p.m0 September 20. 2000 rS:00 p.m.) October 5. 2000 (5:00 pan.) October 18, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation L RECOMMENDATION: Please place this request on the September 6, 2000 city Commission agenda under Consent- Ratification of Planning and Development Board action. The Planning and Development Board with a unanimous vote recommended approval (there are no conditions recommended by staff nor Planning and Development Board comments). For further details pertaining to this request see attached Department of Development Memorandum No. PZ 00-244. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: HARBOR ESTATES (Lot 38)) Michael Schmidt Michael Schmidt South Road Request for relief from Chapter 2-Zoning, Section 5.C.2.(a) requiring a minimum rear setback of 25 feet to allow a 15 foot variance or a 10 foot rear setback within the R-1AA zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A tt~r e~t'or onf-Develbpm~nt -- ~2ity Manager's Signature D~ector of Plunni~g~md Zoning City Attorney / Finance / Hmun Resources DOCUMENT5 DEVELOPMENT SERVICES DEPARTMENT Staff Report Planning and Development Board and City CommisSion Meeting Date: File No= Location: Owner: Project: August 22, 2000 ZNCV 00-008 Rear yard setback Ha~or Estates Lot 38, South Road Mi,~ael; Schmidt New single;-~arfiily building. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Section 5.C.2.a, to allow a 15 foot reduction from the twenty- · 'etback required within the R-l-AA single family zoning or a.~0 foot setback. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned R-l-AA, single family residential. The applicant desires to develop the property for a single family residence, Currently, the subject neighborhood is mostly developed (see Exhibit "A" - Location Map), The following is a description of the zoning disthcts and land uses of properties that surround the Subject propertyi North: South Road right-of-way and farther north single-family homes zoned R-l-AA. South: Recreation area of a multi-family residential development zoned R-3. farther south a finger canal connecting with the Intracoastal Waterway. East: Sing e-family home zoned R-l-AA. West: Single-family home zoned R-l-AA. Page 2 Michael Schmidt File No. ZNCV 00-008 ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special coaditions and circumstances exist which are peculiar to the land, structure, or bbi/ding ii~;'-o)ved a~i'cl which are not applicable to ether I~nds, structures or buildings, in the same zon#Tg district. ' b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the vadance requested will not confer on the applicant any special privilege that is denied by this ordin.a, nce to other lands, buildings, or structures i~ the same zon~g district. , . d. That literal interpretation of the p,,rovisions of this ordinance would deprive the applicant of dghts ~bmmonl~ enjoyed by eth~r properties in the same zoning dist"ct Under the. terms of the ordinance and would work unnecessas/ and undue hardship on the applicant. e. That the variance granted is the .min(mum tLariance that will make possible the reasonable use of the land, building, or strud~ure~ ' f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [Ordinance] and that S~/ch variance ~i// not be injurious to the area ~'nvo/ved or otherwise detrimental to the ~ub/ic we/fare. Staff has conducted this analysis focusing on items "c", "d" and "¢' above, which require that the request will not depdve the applicant of rights and privileges already enjoyed by other properties in the same zoning district, and at the same time granting the variance will be in harmony with the general intent and purpose of City regulations, and not detrimental nor injurious to the area and public welfare. According to the applicant's response to the above cdteda, contained in the Exhibit "B". the applicant feels that other property owners in the neighborhood have been allowed the privilege of reduced rear setbacks. The applicant therefore feels that he is also entitled to the same privilege, and accordingly, he has provided a plan depicting a proposed 2.600 square foot residence (see Exhibit "C" - proposed plan). Through researching City records and field verification, staff was able to verify that in the past several similar variances for setback reductions have been granted within close proximity to the subject property. City records indicate that the common denominator of prior variance approval has been lot short depth. 80 feet from front to rear property lines, making it difficult to design an adequate size home considering that 50 feet of the 80 feet are to be dedicated [o setbacks. Furthermore, the rear of the subject proper[y rear abuts a multi-family recreation area thus minimizing negative or injurious [moacts due to the proposed building proximity to the rear property line, Page 3 Michael Schmidt File No. ZNCV 00-008 Staff recognizes home; current buildable regulation,< the histor request 2) Aesthetic'imp ,ac!~,,f~om thel P~pOS~,s;truCtur;e will,??_, likely be realized bYthe neighb°rh°°d :sln~e som'~,b~l~¢~([;stid~ ~'~8i~' t~e"~sb~J~'~it~ teac SetbaCk' ~/adances, (e.g. the adjacent lot 37). NIo conditions ~f~pprova are recommended; h?wever, any~ondt[ons of approval reco~mend~d~b~ (~eP ann n~~ and Deve 0pme~t Board:0i; ~ity Commission Will be placed in Exhibit "D", MR/dim LOCATION MAP MICHAEL SCHMIDT PROPERTY EXHIBIT "A" Code variance req Lot 38 Boynton Estates EXHIBIT "B" Owner: Michael Schmidt 5-A. The cnaxent sethack~ of 25' praclud¢ the cona~uc~on of B. There are a number of variances already approved for the same request C. The same privilege has been previously granted (see ~ttn~hed) D. The privilege is currently enjoyed by a number of properties in thc same zon, lng disixict- , F. The graqt~g of this variance wiU be in baO~ony and will not be injurious Io the area o~ideti-lmenta[ to publi~ Weffare. Michael SchmJdt EXHIBIT "D" Conditions of Approval Project name: Harbor Estates Lot 38 File number: ZNCV 00-008 Reference:'Application ceiYed June 14, 2000 ARTMENTs DEP , PUBLIC YqORKS Commen~sLN°n~ 'C~mm ~ ~0~ X Co~en~: POLICE ,Commits: None ~ X ~G~E~G DI~SION C~ments~ ~None X B~D~G D~SION Commen~: ~None , ' X e~s ~ ~c~no~ X Cnm~entg: None FOg~S~RO~T~IST :': ~ X Co~ent~ ~0ne : e~ ~ ZO~G Co~ents;;None X ADDI~ONA~ PLUG ~ DE~LOP~NT BO~ CO~I~ONS None X ~DI~ON~ CI~ CO~SSION CO~I~ONS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Estates Lot 38 APPLICANT'S AGENT: Michael Schmidt APPLICANT'S ADDRESS: 1801 N. Military Trail, Suite #110 Boca Raton 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 5, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: None DRAWING(S): SEE EXHIBIT "B" A'Fi'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant _X_ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included~. The Applicant's application for relief is hereby _X_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDI ITEM D.3 Requested City Commission Date Final Form Must be Turned Requested Ciw Commission Meeting Dates .in to City Clerk's Office Meeting Dates [] July I8, 2000 July 6, 2000 (5:00 p.m.) [] September 19, 2000 [] Augustl, 2000 July l9, 2000 [5:00p.m.) [] October4,2000 [] August 15, 2000 August 2, 2000 (5:00 p.m.) C~] October I7, 2000 [] September6.2000 August l6, 2000 (5:00p.m.) [] NovemberS, 2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDArrEM [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.} September 20, 2000 (5:00 p-m0 October 5. 2000 (5:00 p.mJ October 18, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the September 6, 2000 City Commission agenda under Consent, Ratification of the Planning and Development Board 9etlon. The Planni~g and Development Board with a unanimous vote recommended that the subject reyiew b~ postponed to the September 12 ~ Planning and Development Board meeting, due to the absence of a representative for the epphcat~on. For fiuther details pertaining to this request see attached Department of Devel/)pment Memorandum No. PZ 00-240. EXPLANATION: PROJECT NAME: AGENT: OWNERz LOC~TION: DESCRIPTION: LAWRENCE OAKS PUD (DESTEFANO) SCREEN AND POOL SETBACKS Peter DeStefano, President of Lawrence Oaks Homeowners Association, Inc. Lawrence Oaks Home Owners Association Wese side of Lawrence Rd., north of Miner Road Request for master plan modification to reduce screen enclosure setbacks from rwo (2) feet to zero (0) feet and pool setbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD. PROGRAM IMPACt: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A irector of Ptarming/afid Zoning City Attorney / Finance / Human Resources TO: ROM: DEVELOPMENT DEPARTMENT MEMORANDUM NO; PZ 00-240 Chairman and Members Planning and Development Board Michael W. Rumpf'~?~'~-~ Director of ?!arming &Zoning DATE: August 14, 2000 SUBJECT: Lawrence,Oaks PUD - File No. MPMD 00-005 MaSter Pl~n~Modification (Reduce setbacks for screen enclosures and pools where located adjacent to,buffer, lake front, and p[eserve areas) Peter DeStefanc, President modify the master development is (see Exhibit Exhibit "B" - enclosure and pool setbaCks through 27, 50 through 82, and 85 1 from two (2) feet to zero (0) feet. Inc., is the agent requesting to PUD). This residential f the L.W.D.D_ L~20 Canal the amended master plan (see This request includes lots 1 enclosure setback be reduced feet tO one (1)foot. i~g bg~h~i~,~.i~t~:in t993 and construct on commenced d..~ r~t0' Boynte~ Beach m J~ne of: ;1995. The project was ~i~ ~ tli~;,: ~ regalafions in Palm Beach County. No Ch~nt=r ~ ~ = ~nned Unit Developments '~fr tt~e~l~r~d~d~lopment: ~egulations states that char~es in anned un t dave opments'sha ,be proc~ss~ed Section 12. change is substantial. . Upon competon of thee adminis?rafive, [e~i~, findings will be forwarded to the planning and dave opment board wh ~:h review :~11 st~ib~i~edl documents as wel as staff comments with ail the authority, functions, pov~ers and duties ¥~ed~ in it by chapter 1.5. A~ticle L Section 4 of the Land Development Regulations. The Planning and Development Board shall recommend to the City Commission that they approve the ~_~ modification unconditionally, approve the modification with conditions and/or recommendations, or deny the modification. The board shall also recommend to the City Commission that the modification be considered either major or minor. Memorandum No. PZ 00-240 Lawrence Oaks. MPMD 00-005 (Setback Reduction) Page Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request will be returned to the applicant for process ng as a new zoning application.: The determination of what constitutes a substantial change shall be within the sole discretion of the City Corem ission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City 'Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification." Currently Approved Setbacks: Lot local Setbacks for Swimminq Pool~ p Lot: Line ~ Rear Intedor 3 5 5 Comer 3 5 5 Lakefront 3 5 5 Buffer Zone' 3 5 S Rec. Area / Preserve 3 5 5 (Setback shall be measured to the water's edge) .Setbacks for Screen Enclosure~ Lot local 0 Lot Line Opp Side .Rear Interior 0 2 2 Comer 0 2 2 Lakefront 0 2 2 Buffer Zone 0 2 2 Rec. Area / Preserve 0 2 2 Requested Setbacks: .Setbacks for Swimminq Pool~ Lot local 0 Lot Line 013o, Side Rear .Chanqe Intedor 3 5 5 0 Corner 3 5 5 0 Lakefront 3 5 I -4 Buffer Zone 3 5 1 Rec. Area / Preserve 3 5 I -4 (Setback shall be measured to the water's edge) Setbacks for Screen Enclosuro~ Lot local 0 Lot Line ~ Rear Chanqe ~ntedor 0 2 2 0 Comer 0 2 2 0 Lake front 0 2 0 -2 Buffer Zone 0 2 0 -2 Rec. Area / Preserve 0 2 0 -2 Memorandum No. PZ 00-240 Page 3 Lawrence Oaks. MPMD 00-005 {Setback Reduction) ANALYSIS ~aff has re~ ewed this, request for consistency w th the PUD development standards, and the inte.n,t and · ~peSelof.,p an,ned;bnit:~evelopments as-~tateci n~the fo ow ng SectionS"of Gh~pter 2:5 Of ~he;City:S and devei~)Pment regutati0ns: ~ .Section ~, ntent and purpose. A'Pi'anned Unit De~/elopment District (PUDI is established. It is intended that this al!Strict,be t ' to r, omote e~C em and econom ca and use reproved ~menitie~ ?p~r~priate ~r~d ?,,?~'~; ~" - ' -devel ment~ reeeveo entana · ;, vel~3 ent The cflstr!Ct s suitable f0.~, OP , ~ pm conservation of[and, water and. other resources of the ~r~y. Regulations for Planned Unit Developments are intended to accompiis~h the purp¢ ~es of zoning, sabdiviSi°n regu)ations and other app!i~[ei:~.,~ir~g~!at~obs to'the same degre~ ! they are intended to contC~,developmentO~!¢:i~tJSWl~t basis:: lni'yieW of the ",sabstaniiat'? ;,~,,~nt~ne~' of oj&nned unit developmeht, { s the intent Of'PUD ~egu a, tion~ tp pr~e [e and encourage devek~pment in this form where tracts are suitab e in s~ze ~o.catiop ag~ ~aracter for the useS and structdres Proposed are te'be planned and developed aS unifie~ ai~i 3brdinated units. - Section 9. Internal PUD standards;. B. INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be requ red; provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone." Since the master plan was approved under County standards, staff can only make certain assumptions relative to PUD design. The'City's regulations to do not require perimeter buffers per se: however, buffers are used to provide both a physical separation and buffer from adjacent properties, as well as to ~elp fulfil the second requirement of Section 9.B above. This requirement is for perimeter setbacks to be similar to the setbacks for those properties opposite the PUD: The subject Iot~s abut the following buffer types: Lots 1 through 27, a 50-foot or 25-foot buffer; Lots 50 through 82, a 20-foot lake management easement, and a 10- foot buffer n combination with a20 foot utility easement and the 35-foot L.W.D.D, L-20 canal; Lots 85 through 101. a 10-foot buffer in combination with a 20 foot uti ity easement and the 35-foot L.W.D.D. L-20'Canal: Lots 102 through 118. a 20-foot buffer: and Lots 119 through 124. the community's private preserve. One justification of the applicant is that'the minor setback reduction would not reduce the required perimeter buffer areas. Adjacent properties that abut a portion of the subject tots include the Knollwood Groves citrus and retail business (to the south opposite Canal L-20 andLots 62~t01); TheCc)lony PUD located within the County (Lots 111 through 118); and a mobile home parl~ and co~nierciai nursery alSo located in the County (Lots 101 through 110). It should be noted that current setbacks:~for the Lawrence Oaks PUD are the same whether the tot abuts a preserve or perimeter buffer, or abuts another internal lot. · a part of the justification for this request, the applicant has stated that the rear setback leaves insufficient °pace for the construction of a minimal-sized pool and screen enclosure. The subject PUD is similar to many Memorandum No. PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 4. ~aster plans approved within the City in that lots are r~arrow, typical lots average between 5,000 souare feet . and 8500 square feet. and the homes occupy a high percentage of the total area of the lot. This scenario also +yPically leaves tte space for a pool and screen enclosure. Except for the fact that the PUD master plan ~cludes setbacks for pools and screen enclosures, it is not certain to what extent pools and screen enclosures where to fit on the subject lots. The following is a summary of the issues considered in this report, followed by corresponding analysis: 1) The degree to which changes have occurred [o adjacent unincorporated properties from which the odginat perimeter buffers may have been determined; (Tile proPe~y abutting Lots 111 through 118 has intensified with the development of ano typical, zero' lot line' ' PUD including 2-foot screen enclosure setbacks~ ~,~"'~,u ,~-~(Jo~ ~ ' ...... pool serDacKsthe'r This adjacent project has a lO-foot perimeter buffer where it abuts the subject PUD, which provides a combined buffer width of 30feet that separates two generally identical neighborhoods.) 2) 3) 6) 4) 5) Thep~.operties.level ~of consistency_, maintained between the subject setbacks/separations and adjoining (See response to Item # '/above,) Did ~e,~dginal developer intend on proper y accommodat ng adequate y-sized screen enclOsu¢8~-and poo s, which may'or may not be realized by prope~b~/owners prior tO acquisition; (lt c~n/Tot be vedfied; however, from the experience gained from processing numerous PUDs With~ t~e City, lot sizes have gotten smaller and living area has been maintained or increased. Furthermore, perimeter buffers have been used to exaggerate lot sizes or openness of the PUD, but such areas cannot contrfbute to total bufldable area.) The potential precedence to be set by approving the subject modification which could justify subsequent requests for other master: plans; (G/yen the magnitude of inquiries the ~ity receives regarding pool and screen setbacks wit /n PUDs, it is pos$ible for this request, if'.a~nroved to .... -~ ......... , ' h' ' ---- , ~ ~t=~/c~u ~JrJUS~lly o~ner similar requests. However, the u/t/mate impact would be minima/magnitude and characteristics of the subject setback reductions (a total reduction Of 4 feet and 2 feet). The physical or visual impact created by the approval of the request and addition of pools and screen enclosures; (Given the magnitude of the reductions, and the continued existence of the perimeter buffer, nature/areas, and adjacent canal, visual impacts from future screen enclosures a/lowed if the subject request were approved would be immeasurable to minima/assuming that the original intent was to accommodate pools and screen enclosures. The modifications requested result in no increase in impacts above those currently vested by the approved master plan.) This request being generally similar to a request for a variance warrants the application of the "minimum request" rule, which requires staff to evaluate whether the request represents the minimum necessary change in order to attain the reasonable use of land; and (A/though some very shallow screen enclosures have been constructed on typical lots. most are void of pools due to the fact that only a very narrow poo/ would be a/lowed by current setbacks. A/though the proposed setback reductions are minima/, they would a/iow for the addition of sma//enclosed/ap pools at approximately 5 feet to 7 feet wide (the applicant has explained that even a pool this narrow iS needed for health/therapeutic reasons.) Memorandum No. PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) 7) Page A comparison with other PUDs approved within Boynton Beach. (Typical pool and screen setbacks (rear~ within PUDs approved in the City range between 3 feet and 8 feet; howeger, a fe~v F~UDs~ within the city also have setbacks as Iow as zero feet for i~tS that S/rrdla~ly ~but, open are~ or buffers.) 8~ of the units * requb'¢d buffer strips. r buffers. only ~'ela~e to approximately one-half and This PUD was formally located in unincor land developm lots. abu land uses. No encroachment to county individual question n the adjacent allowance would not jeopardize, or 1 im and existin~ enck economic value acent s and screen and the that the the recom~ be documented: Oaks Master f approval are ssion shall MR Xc: Central File LAWRENCE OAKS LOCATION MAP EXHIBIT "A" ,AG i:3un LUI: [ IL Conditions of A, ~ :roval Project name: Lawrence Oaks Pool Setback File number: MPMD 00-005 dRa~ference: 2_nd, Review Plans Master Plan Modi ' ~~cation with a 2Une 25.2000, p, . DEPARTMENTs ~annm and Zonm De artment INCLUDE NONE ~: NONE FIRE Comments: NONE : NONE ENGINEER/NG DMS/ON NONE DUff/S/ON NONE RECREAT/ON ~qD ZONING Comments: NONE Project name: Lawrence Oaks HomeoWners File number: M~MD 00-005 ~MMISSlON cONDITIONS-- -- FNCLUDE REJECT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lawrence Oaks (DeStefano) Pool Setback APPLICANT'S AGENT: Peter DeStefano APPLICANT'S ADDRESS: 4000S. 57t~ Ave. Suite 101, Lake Worth, Florida 33463 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 5, 2000 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: 2440 Woolbright Road. Boynton Beach DRAWING(S): SEE EXHIBIT ~B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Reach, Flodda appearing on the Consent Agenda on/he date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the '~ipplicant and. heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, adm n strative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit ~C" with notation ~lncluded". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the proper~y shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV - CONSENT AGENDA ITEM D.4 Requested City Commission Date Final Form Must be Turned Requested City Commission ~ in to City Clerk's O~rP Meeting Dates [] July 18, 2000 July 6, 2000 (5:00 p.m.) [] September 19, 2000 [] August 1,2000 July 19,2000 (5:00p.m.) [] October4. 2000 [] August 15, 2000 August 2, 2000 (5:00 p.m.) [] October 17, 2000 [] September6,2000 August l6, 2000 15:00p.rm~ [] Novemberg. 2000 [] Administrative [] NATURE OF [] Consent Agenda AGENDA ITEM [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.mo October 5, 2000 (5:00 p.mA October 18, 2000 (5:00 p.mJ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the September 6, 2000 City Commission agenda under Public Hearing. The planning and Development Board with a unanimous vote recommended in favor of the applicant's request for postponement of this request to resolve Utility Deparmaent issues. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MARK DALY Bari Gentry, Gentry Engineering & Surveying, Inc. Burl Genury East Railroad Avenue, south of SE 8~ Avenue Request for abandonment of that portion of East Railroad Avenue between S.E. 10~ Avenue and S.E. 8~ Avenue. PROGRAM/MPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A 1F~ecfo} d~r Dev~l~'rhent ~s Signature 'Director ~f Plar~'~t Zoning City Attorney / Finance / Human Resources Requested City Commission Meeting Dates [] July 18, 2000 [] August 1, 2000 August 15; 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m ) Ju y 19 2000 ~5:00p.m.) AugUst 2, 2000 (5:00 p.m3 August I6, 2000 (5:00 p.rr~) Requested City Commission Meetm~ Dates [] September i9. 2000 [] October 4, 2000 [-" October 17,2000 [-- November 8, 2000 IV-CONSENT AGENDA ITEM E Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (~:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m3 October 18, 2000 (5:00 p.ra.) NATURE OF AGENDA ITEM '-] Administrative [] Development Pluns [] Consent Agenda [~ New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement '~ Presentation RECOMMlgNDATION: Motion to approve the emergency purchase and installation of fiber optic data and voice transmission lines from the Public Works Complex to the Prime Tower site as part of the multi-agency Motorola radio system. EXPLANATION: The installation of the fiber optic lines from the Public Works complex to theRadio Tower site must be completed by September 28, 2000. Due to this immediate need the Communications Division had to seek companies that could provide the drilling, conduit and materials to complete the job. Utilx Corporation is currently providing drilling for Adelphia Cable and Florida Power and Light in the Boynton Beach area. Utilx was selected because their eqmpment is local and their willingness to expedite and place a crew on this project. Anixter is to be used for the corning fiber and conduit for the project, PROGRAM IMPACT: The fiber optic lines used for voice and data transmission will remove any necessity for T-1 leased telephone lines and the resulting recurrent costs [six lines ~ $600.00 per line per month). --~ FISCAL IMI'ACT: Primary funding for the installation of the fiber optic lines will come from Communications account number 001-1810-519-6420 and a price adjustment to the Communications Proposal with Motorola. A refund of $37,100.00 is due for an overage charged for Police portable radios. The differential will be paid from the Communications 2000/2001 budget. Costs are as follows: · Utilx $26.350.00 · Anixter $17,510.00 · TOTAL $43.860.00 S:~BULLETIN~O1LMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM ALTERNATIVES: Any alternative would result in recurnng cost of approximately $43,200.00 per year to lease lines from BellSouth and cause a critical delay with the ~ommunications System imtallation schedule ~ Departraent~6ad s na~t~e · '" ' Maria er~sSi a~re Department Name City Attorney ! Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC It IOT'OI OLA August 14, 2000 City of Boynton Beach Ms. Phyllis Dixon 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Ms. Dixon: The subscriber pricing section in the Communication Proposal for Boynton Beach has a mistake on page 54 under Police Department. Enclosed is the corrected price page. The error describes the XTS 3000 Model I Portable as a Model II with Model II pricing. The correct Model I radios ~vere ordered for the Boymon Beach Police Department. The price correction lowers the Model I portable from $3501.00 to the correct price of $3289.00. The correction in price.reflects a refund due to Boynton Beach of $37, t00.00 from the final contract price, Motorola will refund this money from the next mile stone payment due tO Motorola. You can contact me at 954-723-8898 if you have any questions. Sincerely: MOTOROLA, Inc. Mike Bunt, ing Account Manager COMMU1VICATIONS DMSION MEMORANDUM To: Wilfred Hawkins; Assistant City Manager Bill Atldm, Deputy Finance Director From: Phyllis Dixon. Interim Communications Manager Reft F~er Optic Communications Date: August 9, 2000 Per your request attached is the proposal from Utilx Corporation quoting their prices for the clnTtling and conduit needed to. imml! fiber from the Public.Work~ complex tO the tower si{e. A~o provided is a quotation from ANiXTEP~ the material provider. The combined cosi i~ as ~0lloWs: ' ~ · 3100 feet ~,$8 50 per foot * $26,350300 · 85~(}:fe~ 0f ~g fib~r~ IL815~00. · 8500 fee~ conduit ~ TOTAL. , ~. 33860~00 * The totall di~t,~nge i~8500 feet, however according tO Gemtd Lea~ Utili~i~s,.can d° the remaining 5400 feet of tren~g ~t-a~!iowev cost than having 'Ufilx do the 'entire j~/~. U~i~s will then pull the fiber · thrzugk the ~d/lit and Motorola win connect it to the equipment l~5cai~d in the Comr~unications Center equipment rOom and at the tower site. As ~.e disep~.the fiber optic lines USed for transmission~will remove any _n, ecessity for T-1 leased teieplion~ limited the resulting teem'rent cost. We can th~n use the County s microwave to reach the Smart,Zone sW~tclh at Forest Hill Blvd. Because of the time involved we will need to expedite this project (see Item 220 on attached schedule). I spoke with Bill Atkins, Deputy Finance Director, about the need to approve this project without going out to bid. He believes that APM 10.10.1 (see attached) allows for this type of purchase. The basis for the selection of ~e Utilx Corporation is, theY are currently in the area doing the same type of work for Adelphia Cable and FPL, their equipment is local, and they are willing to pull some of their crews off those projects to complete the City project Conversations with Motorola engineers confn'm that fiber is the most efficient mode of transmission if we can accomplish it. I have attached a portion of the schedule time line. Please not~ that Motorola has indicated a date of September 25, 2000, or as close to that date as possible for this deliverable. Thank you for your assistauce in this matr~r, Attachments: Utlix Corporation Proposal & Contract Anixter Quotation Sheet Spec/fie Portion of Motorola Installation Schedule Cc: Kurt Bressner, City Manager w/o attachments Dale Sugerman, Assistant City Manager w/o attachments ..08/09/00 WED 10:$4 FAX 954 783 1825 UTILX CORP. pKOJEC'I': ~]002 FlowMoIe Drilling Service 'on ~nco orated i~ the Slme of Delaware, is ple~ed to submk ~is Propos~ ~ Con~ to U~'~ C~o~ , ~ ....... ~th ~ a~ched W~ Desc~ ~ce $&~ule, ~d ~a~ T~ ~d Condi~oaS: ~ ~opoSa'~li cx~n a wn,~a wv,=, ~cmv~ by ~ wi~ 60 days of ~¢ a~v¢ da~e. GEi~RAL DESCRIPTION OF WORK U~ LX will rovide ~uided drilling service and other specified sarVices lo 1/le CUSTOMI~R f°r the in~talhiion _p. .-- ..... ,~tr'~ Work will be ~fform~d by UTILX lrained crews using rhe pm-arietary FlowMole gulaca arlllmg syszem wm~ ma~ ~' res/aragon. SC:~tEDULING Coordinated scheduling will be r~lUired to ~usure maximum produgtivity. The project will be, gin on a dam mu'~ally agreeable to both CUSTOMER and UTILX. Daily work will be p~rformed in accordance with a scl~dule mutually agre~t upon by the CUSTOMEK and UT IIX a~ least ~wo weeks ill advance, SC OPF_.~PRICING/MATERIALS U~[ILX will p~ffor~ the work as set forth in. Attachment A here~.. CUSTOIVlI~_. a~r~ to, ~omperaa~ UTILX accordin~ to the pr/cing schedule set forth m Attachment A, subject to addilioas or deductions for ch~nl~es and exzra Work plus any applicable sales, usc, or eXCise taxes, SP ECIi~C RESPONSIBHATI~ Th; re~pous~llifie$ of'~e parties are set ~ in A~acimlent B ber~o. 10/1/99 08/09/00 WED 10:55 FAX 954 78~ 1825 UTILXCORP. By: Mailimg Addre~.. i Mailing Add~ CilT, State & Zip., Phon.' number Fax ~ umber Phone number Fax number CUSTOMER'S HX]/CUTION HEREOF CONSTITUTES FULL ACCEPTANCE OF UTII2~S PROPOSAI~ AND CONSENT TO TI-H/CONTIS~CT ~S CONTAI!,I~D 2 Rev. Da~: 10/1/99 ,05,09/00 V/ED lO:SS F~ 954 783 3_825 l.~I~ COP-2~, ~004 CUSTO]~R: PROlC[Z< T: 1. UT 13LX,s A ddition al Obligations- UTILX warrants that the work will bo performed in a good and workmanlike manner ia a~cordauce with the usual and cuS~oma~.~ ~fldards~ for such constreotioa work for a ,period of Ig mon~ 3~olil the complete for waz'mu~ purpo~ once th~ /nvoice for such work is subm~P:e~ by UTILX W me CrJgTOMER for ~ hr~ach of~ lmd~ this. provision will be correction oI t~ ~ele~lve wong or reimburs~ra~t ~r ~redit of dollars equal to the value of thc portion of the work deem~i to be defect/ye. CUSTOMEI~'s right ~ .eith~ of thc above remedies is subject to prompt not{ileal/on to UTILX that defect/ye w°rk h~ occurrect b unl~.s 0th~i.~ pr0vide/l by CUSTOIVI~L. I_rlILX will furnish ,md trampor: all tools, equipment, labor and mater/ds n~cessary to pedunn all work UTI'LX will maintain records for work ~ad make available such records to CUSTOMk-~ upon reques~ d UTILX wilt take reasonable care in pedormaace of work nd exerdse rensonable prec.'ions for proW.~don ~pr0p~, work, matzrials, and e~.fipme~t UTILX will reasonably ~.cordinate its work with other conu'acwrs of CUSTOMEK- f, UTILX will ad~qantel¥ supervise all work sad keep a ¢ompeten~ ml~i~tondant on the work site. UTILX agreei to bind every subcoulrac~or to the terms, conditions, and provisions of this At~'eem~nt, UTILX will r~qu/re all of it~ sllb¢ontra~/o~ to provide imalranc, z in accordance with the insurance req~irem~.uts of CUSTOMER. and UTILX will obtain proof of such ia~m'an~ frmn its sub¢onlractors prior to commencemen! of work. h. U 1 ,,~X will co~nply with all applkable laws. (.~TSTOMER's Additions{ Obligations. a~ As a condition to UT1LX's obligations under ibis Agreemeng CUSTOMER .shall ird'orm UTILX of the nature and location of die work, ~d provid~ an opportunity w provid~dg CUSTOMF2. agrees, a~ its expense, to provide boring logslif r~qu~ted by UTILX. If such {ogs refI~ malg~iatly ditTgrant condliions than ~xpected~ U'I3LX will have ~be opporllmity to adjust its Proposal orto rescind its offer and Contract. b. CUgTOMIL~ shall provide U'lmX with a surv~/or other description ofdne property, Rs locations, and the locations of my und~gronmi ntiliti~, facili~s, or s~nmcmres in the vicinity of the proj~ sit~. CUSTOMER shall obtain any nee~ssat-/ the project site, and will hlform UTILX of any special conditions, which might be imposed as a condition upon such rights of wey. CUSTOlVlRR shall, upon projeC~ si~s which reflect ~ boundaries, easemauts, ew. of the si~e~ ¢. CUSTOMER shall advise UTILX of li~ location and namr~ of any known or suspected hazardous m am'gals th~may exist on the Rey. Date: t0/1/99 08~09/00 WED 10:55 FAX 954 753 1825 [~IL~'CORP. CUSTCMER: ~--/ ~' ~D~,./~ ~i::~/Or~ PRO,FECT: ~[. ~c~pt ~ spocifi~ly o~i*~ a~d ~ ~ ~STO~R sh~l b~ ~p~sibl~ for ob~inlng ~I nec~*~ linasec, ~fic~, ~d p~mim~r~u~ fqr ~ p~ of ~e work ~d ~U8~. ~o long ~ 'm~ity i~t~ :mp~afi~ i* p~. ' ii. and into the m required a~fion~ w~. JTIJ-X will invoice CUSTOMER aport mmple~On of~e work;or ~'e~kly, fOr ~9rk continuing ~ond ~e (1) m~, Or m~y, for work c~u~ ~y~d ~o (2) m~.. CUSTOM~,R ~ da), UTILX / ,~STOM~R. ty both pa'ties, any cl~ of cla/m aris*~ regarding the Rev. Date: 10/1/99 .08/09/00 ~E~ 10:$6 F.iX 9~4783182~ UTILX CORP. PRO/ECF: ~ f~e ~ of~TO~K% ~g m pay b i'~ U~X ~ll be ~n~tled ~ recoV~ MI co~ ~d ~panses ~sociat~ wi~ ~y ~d all collec~on e~ ~ may choose to Notw~d~ ~y o~er ~t m ~e con~, ~X 1~ dgh~, wh~m ~d however ~c~le. 4. Ch~n~es i~ Work. If k becomes ne~ or de~le m mo~ ~ A~t or lo m~e chmg~s ~y ~ add~ to, or deducting ~om me ~o~ 3o add ~eia~d A~:'e~t to ~e work m ~ done ~der~ A~~ ~e p~es may, wi~o~ ~{d~g ~e A~e~ ag~e to · ~n ~h~ge ~, ~ prodded ~ A~ent C. ~e val~ of ~y such ch~$e m ~e w~k w~ S. Tir,e. If UTtLX is delayed at any time inp~ss of the ~,ork:~ changes, labor disp.u?s, fire, unu.sual delay in deliveries, abnormal adverse wearier cond~ons not; r~aannably ailt/c, ipe*-~d, unevotdable c'~ua~ or m~y amses beyond the Control of UTILX, or by ct/her causes which may jnstif~ delay, th~ the time for per ~'ormauce will be ~xtended. 6. Fro'ce Majeure. Neither par~ will be liable for failure or delay i~ delive~ of s~rvic~s or ddivery of goods due to Acts of God; war; civil commotion; Em, flood, or oth~r ca~Ualty; iovernmant, actions, priorities or reg.tlations; or any cause beyond th~ reasonable conlrol of either party~ whether 9f similar o~ diss'..n~.' ar nature th~ those enumerated_ In the event of delay undo' ~ provision, UTILX will have such additional t~me wit ~in wh/ch to.perform, a~ may be reasonably necessary, Independent Contractors. UTILX and CUSTOIV~I~ agree that thc¥ m'~ ind~p~deut eontra.c~,rs/md l~..ve full control and direction over the mode and mmuner of do/n~ .their respective work and ova' their respective 8, Del ays. CUSTOM~. shall not be char~d for delay~ caused by f-~ilum of UTILX's FlowMole drilling/ysmm ~o opmam property, by in~l~man~ weather, or by ev~.t~ }~yond the control of tho CUSTOMER for which CUSTOMER has not assumed r~spansibi!i~, tf dcA!~s !U CUS~OMEP,'s sclmduling of ddly work pr~wmts UTtLX from operat/ng, Or if scheduled Work is de!ayed by eVan~ W~in the control of .C..U..STOMI/IL cusTOlvI~I~ sh~ll payt° UTILX a charge °f $ i Per h°ur f~r ~.P rmX Fl°wM°,le drilling system dei:q~ed for the duration of the delay up to eight hou~ in a ~vork ~y. '~Fqr may event for which a delay charge is imposed the eha~e ~ b~g~.one hem' af~.~ot/e~ ~y U~ !:o',C~USTOIVtF-~ of the event Delay charges for any pm-tionlar day will end Upon the eoaninsion of~'s normal work shift for ~ day. 9. Unlerground lad Subsidence WarranlT, ~ fo~o~ is CUSTQ1M~R.'s sole and eXclu~!ve warranty and 5~ mbsidence resulting from wonk not properly pert'on/md by UT/LX ~t the work s~te: [~006 foilovdng: L Promt~:no~/c~ion to ~ thai damage Io.~3,-~d ~ ~ u~li~ h~ oc~cd; ~d U. Proof ~ of ~e d~ed ~ or of a s~p~ of ~e d~ ~ or ~i~; Rev, DzIe: 10/1/99 08/09/00 WED 10:56 FAX 954 783 1825 u'rILX CORP. [~007 CUSTOMEI~ PKOJEC]': DATE: 10. 11. p~o~ed by ~y o~r. p~ st ~e wo~ sit~, md c. ~e ob~ons of UT~X ~g out of ~e w~ des~ ~is ~ ~ill be..ti~ ~ce ~v~a~ of l~rance U~X will ~ ~fli~ im~ ~a~ ~ce for w~kers' aomp~on, Gen~ L~i~ ~v~ase: $1,000,~00 k 0o o .oo U~on requ~ ~X wiU ~mAh r~ofi~:~ ~d ce~te~-~f ~h ~s~ ~ ~ CUSTO~ p~or W commenc~ ~y w~k, Li~biliW and Ge~e~! c[ai~ ~ p~ her~o ~ll be so~ly ~d exclmiw~ ~le for ~j~ to ~e exit ~t ~y s~ mj~ is ~ vy ~u~u ~,: will ~lly ~d~i~ ~e o~ p~ to ~ A~e~t ~om ~1 'cl~s,, 1~, ~i~, ~, ~d '-/ ........ m or ~ro~' ~e ~es w~ s~ mspomibiB~ for ~y c~ los~ 1~ ~, ~ P ~ . · - ' o liable for ~c~l ~ co~equ~n~ a~m~. For p~os~ of ~ md~ ob~gm~ CUSTO~R ~fic~y ~d e~s~y w~ves ~ ~ ~ may ~ ~t~ it ~or biolo¢c~ fl~& liqui~ or so~d ~ c~m~ po~u~on,?~ ~0r ~ ~, ~or pmp~ ~e associ~ed wi~ such ack,es ~or sub~ces. ~-- : ' d ~ ' ~lfies ~ ~ ~e~ ~d ~y ~d ~ : d~ma e~ ~o~ f~, P , ,[, ,' · · · ~anne~on ~ ~Y ~d ~ ola~s ~ ~mgs (wh~ brou~ ~ ~ work p~o~ oy u~ u,~ ~ :.. ~. ~,~ ~':r :. ;~-2 --.,:-,-~ .... ~s rei~g to ~y ~'W~te~ ~O~on ~ ~,~ 6 Rev. Date: 10/1/99 .08/09/00 ~fIED 10:57 FAX 954 783 1825 UTILX CORP. PR.OJECT: Environmental R. esponse, Compons~fion ~d Liabfli~ A~ or ~y o~ fedeX, sm~, or IOCM cn~cnmI law, wh~ ~d~ed or co~ law. CUSTO~ ~ w~ves ~cl~s a~ U~X ~ CUSTOI~R may have, wh~ d~y or ~y jo~ or ~ fway of ~ed-p~ ~ ~a uTmX, ~g ou~ of ~ ~l~.or stat for p~onal inj~ or propo~ Olio br~t by p~o~ not p~ ~ ~s A~em~ mclud~g but nut l~it~ to cl~s brou~t by o~ of pmpe~ adja~t ~ ~e work 1~. D~fering Site Condifi0~s. ~X wffi ~ ~on~I~ ~ffo~ mp~o~ ~nges to ~e p~j~ m~ it ~po~ for ~ to ~ ~{ ~ ~Umg If ~:on~om ~ ~ed st ae site whi~ (f) s~ o~ ~O~Y!~ of m ~ na~e, ~clu~ ~o~ d~ ~oVe, w~h t~r m~y ~m to~ p=vided for ~ ~e Con~ Doc~ ~m ~fico ~ ~e. ob~e~g p~ withe ~m m~e ~er p~ 1~008 Termination. In the event that UTILX, in ~ solo judgment, is o£the opini~.thag thee differing site conditions pmv{:n'~ viabin operati~m of the gnlded b~ systm,~ cusTOM~, agre~ thatlJ.'rlLX, may. terminate ~ or my portiou of ~ work without d~f~ttlt or forfmtere of bondS or ~_?j ~ nouc~ or termination may be orally given b~ UTILX. Ifth~ work is te~minaled, payment will be ~ue for work p erform~:l to the d~te of r.~r~lin~on, - Stlc~. p~.~tneut will b~ b~-~ on ~t hotlrly ~ Of $ If, at,er UTILX gives notlc¢ of tiu--minafior~ CUSTOIV~R wishes to pro.ed a~ CUSTOMER's risk. then UTILX may al its di.~r~ion, agr~e~o continu~ to Work ~der CIJSTOMEPs,'~ ~c~ion,ai a daily ram of payment of $ , Which will be in addition to tt~ paym~t due f~(~,m. ' ;?'oi' t~ notice of te~ninatiom CUSTOMER tmd~mmds that UTILX disclaims any and allxespo~ibil~7 ~$arding the msutts of such work and CUSTOMER ~knowledges ~ it is respomsibl~ f0r paymeiit mgardles~ of v~sults, 13, Environmont~! Conditions. In the event l~ifit.X: encotmters 1 substan~as a~ the site, UTILX will vaiting, If the spoils gcnera~d as a result of the performs-ce of the work by_ agreement to pro~d, the provisions of 12a and b, above, will govern. c I ]~zardou~ D, ffault. If CUSTOMER becomes insolvent or bankrupt, or ffgls to pm'form a mat~a4al obligation tmd~r this A Ir~menr. UTILX may t~rminale ~ Ag~emen~ upon twa:y-fear (24) hours w~'mn notie.~ to reancdy th~ d~fmult In sueh evan~ and without waiver of any other legal rights or remedies, CUSTOIvEEK ~ immediately pay UTILX for any work performed p~ier to r~rmination. 7 l~v_ Dam: 1011/99 08/09/00 ~ 10:87 FAX 984 783 15~8 UTILXCORP. ~JOO9 Should a dlsputearise between the ks an arbitration and washington. This Agreement roprz~on~s *he final exprcs~ly st~ed i~ this ~s. ~ ~ual F~nploym~ OppOnmity, Work hereunder will be laws of the State of a~d UTILX ~ssumes no or others UTILX are 11246, ~ incorpor~ed horein Rev. Da~. 10/1/99 G8/09/00 ~ED 10:$7 FA~ 954 783 1825 UTILX 60RP. P!~OSEC T: ~010 Deeri tiou of Work .S_ _~i.i 1)ocumentatioll & In¥olce Reouirements Kev. Date: 10/1199 08/09/00 PKo~EC-'] ': IJTILX CORP. ATTACIiMEICr B sPECII ~IC RESPONSIBILITIES LrI'ILX ~md Customer wdl each be responsible for the following county, or munioipa}i a~thofi~d~, and on the ~ioicncy a~l producUvily and W,~fmize any for safe or reliable operation. lqotify elearical ~sWme~s whoa go,er is ~i~hed off. '- , r__2.~r l~h~.e~guu~i~sw~ at~,~'~ ..,:~_ ~{ s~h a s~ioe is ~ou~ One-C~l se~ ff ~_~. will be bill~ m ~e CUSTu~ ~ mvu,~ ~v~ble, ~ ~ of the m~a~ ~ ~a pl~ 10%. Ex.rating ~d b~tl~g ~1 ~q~'~ ~sess pi~. T~p~g ~d r~r~$ s~aOe a~ pi~. ~llin~ in new ufili~ ~ e~ ~ specific~ly id~fifi~d in ~ by cUSTO~ Ex~v~ b~ll~ ~d msW~g ~Y mquked po~oles g locations wh~e ufihties ge ~ ~s~. KemovinB spoi~ oma~d by ~X's ~ ~ui~ent ~d cl~ing up ~e site. ~ovid~$ a ~Y of ~ Prime C~ w ~ if ~X ~ worst ~ a subcon~or, prior to ~ e~o~on of ~is A~~enI b~ cUSTO~K 10 'Kev. Da~e: 10/1199 · 08/09/00 RED 10;$8 FAX 95A ?85 L82S ~TIL~ CORP. PF.O~IgC' r: ~___~- 14. Delivery of an adequate quantity of the new utili~ to ~e ~oj~t si~ ~or lo ~ of o ~o~ or m~ ~e mate~l av~lable al CUS~s y~d (~pplied by ~STO~) b~ed on m~ a~m~t b~ CUSTO~ ~d U llb~ ~ 15. For projecm wh~ CUSTO~K is responsible for some p~ of ~e work, cood~at~g ~d ~o~iding on a t~dy ~sis ~n~ ~o~el,. .cquipm~. ~d m~al for compl~oh of ~t po~on of ~e work (u~l~s o~e specified m Am~t A), ~clu~$ ~e follo~: 1~]012 D~si~n~inl a CUSTOIVlBK repr~senlative to act ~ CUS~ 17. ~ ~ ..... X_ .~ v L~ ~, ~c~g daily ~t reco~ed on the ~X di~ field ~on. I ~. ~y o~ ~(s) n~ s~y lis~d able. 11 Rev, Date: I0/1~)9 ;ILE ~o. 811 08/09 '00 11:09 ID:ANIXTER 178 ~61 997 ~35 PAGE 2 See Rcver~e fhr Condition~ al' g,a{= Gerald Leery Boynmn D~ach, City Of(snaps) 124 E Woolbright Rd Date O8/OP/O0 ' ] Quole 1'4o, Customer No 73093'6 FIBEI~ AND INNERDLiCT Phone: 5fii-742~fi4-'ltJ : ~a~: $~1:742-6298 ~ 1 ~cter Cef~ ag Number ,~ad D~r pt on ,, Uni[ Unit Price [xten~ Price 02 8500 N/S ' ~ 0,67 $5,695.~1 (ENDOT 237/1 I) SMO~I [WALL ENDUCT, SDR-I I · ' OtJTDOOR [NNERDUCT IX3500' ON 96" STEEL REEL 2X2500 ON 84" S'I'E~L REEL · ******34 WEEK LEADTIME I Page Totu: $17,5 IO,00 Quote Total: $17,510,00 NET3/), aubjvct to ~r~lit approval. Please rclbr all inquirie~ to-~''~. .SI I1P,PT.. PPDtCI lARGE Carol Smlh,._. TERMS KO.B. SIIIPMENT NOTE Order acceptance based upon prior credit approval I)y A nlxter. Prices will be those in effect ar nme of shipmem unless otherwise stated. a. nix:er, 1255 NW 17fl; Avr~ Ste 4 g(1(I--4324300 Delray L~euch. Fl 13445 Phone: 56 b278-484B F~x: 5~-2784304 Microsof~ Project Exported Information Page 11 of 25 suppresion equipment SITE FNE READY ~ FNE Subsystem cimuits I SITE 5 1 3 1 2 days 1 0 Mon 8/2 Mon 8/2, Fr/ Mon 9/4/00 Mon 8/2 Wed Mon 9/l 1 Tue 9/1 Thu 9/14/0 Thu 9/1~ Fri 9/ Fri 9/t Tue Mon 3/2 rue 9/2~ Wed 9/2 Wed 9/2 Mon Wed 9/2 Thu 9/2 Thu Remove Antennas 1 Thu 1/18h l'hu 1/18/01 Lines Remove DbsoleteFNE 1 Thu 1/18/01 Thu 1/11 & Fri 3/2/01 file://C:\WlNDOWS\TEMP\COOP SKED 7-25-00 BSLINED.html 0% 0% 0% 7% 07/27/2000 Requested C~v~ Corarnlsslon Meefine Dates ~ July is. 2ooo [] August 1, 2000 [] August 15,2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19. 2000 (5:00 p.m.) ~gust2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.j Requested City Commission Meetine Dates [] September 19, 2000 [] October 4, 2000 [] October 17, 2000 [] November 8, 2000 IV-CONSENT AGENDA ITEM F Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 ~5:00 p.m.~ September 20, 2000 (5:00 p.m.) October 5, 2000 [5:00 p.m.t Octob~ I~, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adm/nistrafive [] Development Plans ~] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids ~ Urrfmished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approved the expenditure for Network Upgrades and issue a purchase order to Presidio Corooration in the amount of $30,567.00. EXPLANATION: Network Upgrades: 100-Megabyte Workgmup switches to upgrade data closets in each City Hall building replacing 4-5 year cid 10-MB hubs. 3 each for City Hall Second floor closet 3 each for City Hall First floor closet I each fur City Hall Chambers closet 1 each for Fire Admin/Station 1 closet 1 each for Library data center I each for Public Works (PW 1) closet 1 each for Art & Activities Center closet Network Upgrade Notes: · Alt equipment is capable of Gigabit Backbone upgrades when needed. · The West wing has just been upgraded with 4 each 100-Megabyte Workgroup switches. · The Civic Center will raufilize a 10/100-Megabyta Hub removed from PW1 (one year old). · The PW2 (Facilities/Sanitation/Transportation) will rautilize a smaller 100-Megabyte Workgroup switch removed from PW1 (one year old). · The PW3 (Parks) will reufilize a smaller 100-Megabyte Workgroup switch removed from West Wing (one year old). · The Police Department has an older high capacity 100-Megabyte Workgmup switch that will be replaced in FY2001 as funds permit. · The I.T.S. Data Center central switch will receive minor upgrades for now and will be replaced in FY2001 as funds permit. PROGRAM IMPACT: Upgrades are necessary to handle the increased network traffic caused by the expanded use of Document Imaging, e-mail, file & print services and Internet access, As well as to prepare for additional traffic anticipatecl from Geographical Information System, Fire Rescue Distance LeamingNideo Conferencing, Fire Rescue Records Management system and Senior Center Internet access which are comJng online soon. FISCAL I1VIPACT: Funding for this is available in the I.T.S. Computer Equipment Account No. 001-1510-513-64-15 utilizing funds from unexpended system maintenance. Prices are from the State of F~orida "Client Server" term contract, biding is S:~BLrLLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM not required,- Purchasing now will' allow network upgrades to procee¢ in FY2001- as scheduled, even though FY2001 equipment funds were reduced; ALTERNATIVES: Postponing these upgrades will result in cont nuously degrading system response times and subsequently user produc~ ~epax~II6nt I-Iead s signature Cit9 Mahan. s signature Information Technology Services Deparmaent Name City,Attome~; Finance Human Resources S:~BULLETINWORMS~AOENDA ITEM REQUEST FORM.DOC 08/05/00 T['E 09:¢~ FAX ~014~903~8 ~E PRESIDIO COR ~°"~: SRA .31436 8/4,/00 Pre~are~ by; /~-,~ Steve Abplanalp 5100-J Philadelphia Way .... Lanham _ MD 20706 Phone; 301-955.3559 _ ~ax: 30~,~,59.2201 Emaik sabplana}D~Dres;dlo.com Local TM: Rick Hannah .Patrick Hughes City of @oynmn Beach Boyn[on Beach Phone: Fax: Ema;: Hu R'h~.P~ci,boyn ton- be LiK C~. Price ~]003 ;rate or Florida Client/Server Conwac~ :ontraet Number: 2~040-99-1 'AX ID: 5~1667655 Prepared By: St*'veAbplanalp ~UNS~ L$.405.04~9 {~uote va id for ~0 days or until expiration of FC$ Contract, whichever occurs first. Your network is your business. Making it work is ours. SRA .31457 8/4/00 _Steve Abplanalp 5100-J Ph,iladelohia Way Lanham MD 20~06 _ Phone: ~1..9~5~3559 F~X: 30!-459-220]. Emaii: sa bolapalp(~oresidlo,com Local TM,~ Rick .~ennan Ci~y of Boynton Beach Phone: Fax,: Email: Frier ,tate of Florida Cttent/$ermer Contract Contract Number: 250-040-99-1 ze Busin~s: ~matl ~0'/. Women-Own~l AGE CODE: 01CO0~ UNS; 1 ~t0~-09f19 Quote valid for 30 da~a or until expiration of FC$ Contract, whishever x-curs fii'Jt. Your network is your business. Making it work is ours. E~ded Fax C.o. versh.eet The Presidio Corporation " Date: lCrom.* 8/4/2000 P/~trick Hughes City of BoFntnn Beach Boynmn P1 Phone: 561-742-,6070 Fax: 561-742-6092 Sieve Abplanalp $100-J Philadelphia Way Lanh~m MD 20706 Phone: 301-955-3559 Fax: 301-459-2201 Broil: sabpl~.ualp~presidio.com ~-,~ ~'ormnents; P~ck, here ~re your t~ee quot~. I ~ve quot~ ~ ~tion wh~ it c~es to ~e .... ~mmt, n~ce. Pick one, Cdl me if~ ~v~ ~7 quc~om. ~ks, Ste~ ~001 BILL TO: City of Boyn~o~ Beach Pi O. Box 310 Boy,ton Beach, FL 33425 Attn: http://www.cxtec.com ~City of Boyn~on Beach Boynton Beach, FL 33437 Attn: Pat Hughes rder fast-delivery in-stock cables at www.cablexpress.com A~LExpress Technologzes warra/lus that ny 1uem in this proposal will be free rom defects in material or workmanship o~ a period of 100 days from ~a~e o~ hl~enu, or as listed zn the product pecifications. Alteratzon, abuse or imited warranty shall be limited to ecessary labor to make said repair. All hipped prepaid to CABLExpress echnologles. Some products may have arranules available. Check with your ~0 for cuscomers with approved credit. An accounu can be established by submitting a completed credit application available upon request). Instan~ credft will be extended for companies favorably rated by D&B TO expedi=e your order and keep order all orders under $50.00 be processed All freight char~es from Syracuse are separately billed ~prepaid - add) authorizatzon number will De issued credited promptly. Returns musu be shipped prepaid uo CABLExpress be subject ~o a restocking fee, Person SlgI%~ng below ls auuhorized uo approve thzs purchase. gnauure of Authorized Purchaser Purchase Order Number Date ~ity Qf Boy~t~n Beach P~ O. Box 310 E~O~ton Beach, FL 33425 CABLExpresS Technologies . 5~04 SOUth Bay Road P~O. BOX 4799 1212~4799 800-767-3282 Sales Pax: 315-455-1800 http://www, cxtec. Com SHIP TO: City of BoyntQn Beach 5469 W Boynton .BeaCh Bird Boynton Beach, FL 33437~i Attn: pat Hughes 41326~ 2 Cory Karanik, x.2398 =k cables au www. cablexpress.com arms and Conditions A~LExpress Technologies warrants that ny item in this proposal will be free rom defects in material or workmanship o~ a period of 100 days from date of hipment, or as listed in the product pacifications. Alteration, abuse or %s.use wolds all warranties. This ~mlted warranty shall be limited uo epa~r, replacement of parrs and ecessary labor =o make said repair. Alt ar~anty repairs mus= be pre-approved, s~ed an RA number prior to return and hipped prepaid to CABL~xpress ecb-nologies. Some products may have /~-~ant~es in excess of Zhe standard Dnty, Many products have extended ,a~=leS avallable. Check with your ~c6ou~u Executive for pricing and terms. CABLExpress Technolgies terms are net 30 for customers with approved credit. An accoun5 can be established by submitting a completed credit application {available Upon request). Instan= credit will be extended for companies favorably rated by D&B. TO expedite your order and keep o~der processing costs down we reques~ that all orders under $50.00 be processed on your MasterCard, Visa, Discover, American Express, Diners Tlub or Carte Blanche. All freight charges from Syracuse are separately billed ~prepaid + add . For all returns please call your Account Executive. A return authorlzation number will be issued uo assure tha~ your account is credited promptly. Returns mus~ be shipped prepaid to CkBLExpress Technologies. Returnable items be subjecu ~o a restocking fee, Custom =ables, bulk cable, gnauure of Authorized Purchaser Purchase Order Number Date ual2new prices and produc~ avallabiiity are s~bj~ct uo marke~ fluctuations. Pricing on new items is subjec~ ~o manufacturer price varla~ 3212-4799 '~3282 http: //WWW. CXte~. ¢0m cit~y 6f BOy~u~O~ B~Ch ~"city of Boynton B~h : : P. O, Box 310 5269 W Bb~6n':Bea~h B!~d: B0~ton Beach, FL 33425 BOston ~h[ Att~: P~ H~ ~ Attn: rder fast-delivery in-stock cables at www.cablexpress.com TOTAL $ 19,900.00 erms a/id Conditions ABLEXpress TeclLnologies warrants that ny item in this proposal will be free rom defects in material or workmanship or a perlod of 100 days from date of hipmenn, or as listed ~n the product peclfications. Alteration, abuse or isuse wolds all warrant~es. This imited warranny shall be limited to epa~r, replacement of par~s and ecessa~y labor to make said repair. All arranuy repairs must b~ pre-approved, ssued an RA number prior ~o return and hipped prepaid uo CABLExpress echnologles. Some produc~s may have arranties in excess of the standard errancy. Many products have extended arra~ties available. Check with your Ccounn Executive for pricing and terms 30 for customers with approved credit. A/1 acco~E can be esuablished by submitting a completed credit applzca~zon available upon request . Instant credit will be extended for companies favorably rated by D&B. TO For all returns, please call your Account Executive. A reEurn authorlzatlon number will be issued shipped prepaid to CABLExpress Technologies. Returnable l=ems will be sub]ec~ to a restocking fee~ Custom cables, bulk cable, all orders undez $50.00 be processed Carte Blanche. Ail freight charges from Syracuse are separately billed (prepaid + add . software, special orders and ~tems held over 30 days are' nou returnable. authorized ~o approve this gnauure of Authorized Purchaser Purchase Order Number Date uat2~ew prices and producu availability are subject ~c market fluctuaSions, pricing Dn new l~ems 1s subjec~ ~omanu~ac~urer price varla~ Hughes, Pat From: Sent: To: Subject: Cory Karanik [ckaranik@cxtec.com] Monday, August 07, 2000 2:35 PM Hughes, Pat RE: Additional purchases We are both Pat and have been for severa years will quote both for you Can yOU please let me:know When you need th s at the very latest and also once. you rece vet what kind oftim~ frame we are looking at? Thank you Cory ..... Original Message ..... From: Hughes, Pat [majito:HughesP@c boynton-beach.fl us Sent: Mor~day, AugUst 07, 20502:25 PM' To: 'Cory Karanik' Subject: REt Additional purchases We m~gbt consider refurb shed equipment considenng your exce ent warranty offer. Please quote it both was if that's not too much trouole. AlSO I need to know several things: Is Cab express Technologies an authorized Nortel Networks dealer? Is Cablexpress Techno ogies a certified rese er of Nortel Networks refurbished equipment? Thank you, Patrick J. Hughes Manager Information Technology Services ..... Odginal Message---- From: Cory Karanik [mailto:ckaranik@cxtec.com] Sent: Monday, August 07, 2000 2:20 PM To: Hughes, Pat Subject: RE: Additional purchases Pat. There are several items on this quote which I would 9e happy to quote for you. As you know I can save to a ton of money selling you our re-certified equip at approx 40-60% off list and also provide 48 hour advanced replacement for a 1 time fee of approx 15% off sell price. I Wanted to make sure before I do all the work putting this together and I will get started. Thank you Cory We ~ Your Net,~r~in~ PREPARED FOR: City of Boynton Beach 100 E. Boynton Beach Blvd Beynt0n Beach. FL 33425 Phone: (561.) 742-6070 Fax: (561) 742-6092 PREPARED BY: Court Keeley Senior Networks T500 NW 25 ST., UNIT 2 ~iami, FL 33122 PhOne (305) 629-2659 F~x~ (305) 629-9919 IMPORTANT MAKE PURCHASE ORDER OUT TO CK Dest nation EedEx Net 30 6788403 ' QTY :ITEM PIN DESCRIPTION ' '' ~ ': ipR[~E: ' EXI I=NDED 3 ' AE2012E14 ':~ Ba,/stack450 24 10/100 port TX . , ':$1 '/51:75i :$5,25~.25 1 AL2033002 Baystack 2x 100Base FX module for 40.0 series $696.5.0 $696.50 3 AL2033010 Baystack Cascade Module for400 serie~ . ' '$321;~75~ : $965.25 1 AL2018001 Baystack Cascade Return Cable lm $1~6.75 $I2~6.75 1 AA0005E05 EPaystack Redundant Power Supply $1,934.75 ., $1,934.75 ~ $8;978.50 .............. on ~ .... TOTAL ....... -~ ....... This quote is good Optional Service Contracts: I 1 PRICE EXTENDED I QTY ITEM PIN DESCRIPTION 3 BF2300038 txlEXT DAY 1 YEAR ASSURANCE PAK BAND 7 '1 $220.50 $661.50 TOTAL $661.50 Senior Networks is a Certified Minority Business Enterprise I ?-A-9-oo I PREPARED FOR: City of Boynton Beach 100 E. Boynton Beach Bird IBoynton Beach, FL 33425 IPhone: (561) 742-60~O IFax: (561) 742-6092 REP CK QTY Destinat on 3 AEZO'I2E I;4 1 AL2033002 ^m¢03 ,01o 1 AL2018001 1 AA0005E05 This quote ~s good for 30 days PREPARED BY: Court Keeley enior Networks 50(~Nw 25 ST., UNIT 2 ami, FL 33122 ~hone: (305) 629-2659 :ax; (3051 629-9919 IMPORTANT IMAKE PURCHASE ORDER OUT TO ISenior Networks PO BOX 522200 Miami, Florida 33152 SHIP VIA 1TEAMS :edEx~ :: INet 30 DESCRIPTION Bay~t~k 45024 10/100 pod TX Baystack 2x 100Base FX module for 400 series Baystack Cascade Modute for 400 series Baystack Cascade Return Cable lm Baystack Redundant Power Supply IPO~ 6788404 $~1 ;7~1.75 $5,255.25 $696.50 $696.50 $321.75 $965.25 $126.75 $126.75 $1,934.75 $1.934.75 TOTAL ............. $8,978.80 j Optional Service Contracts: QTY ITEM PiN DESCRIPTION I PRICE , 3 BF2300038 NEXT DAY 1 YEAR ASSURANCE PAK BAND 7 $220.50 IOTA[ ............... Senior Networks is a Certified Minority Business Enterprise EXTENoEDl $661.50! $661.50 I 7-Aug-00 iThis quoteJs good for 30 days TOTAL~ ........... $14,689.50 DESCRIPTION $1,323.00 Senior Networks is a Certified Minority Business Enterprise Requested City Commission Meetino Dates [] July 18,2000 [] August 1. 2000 [] August15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6. 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) August2, 2000 (5;00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Meetin(] Dates [] September 19. 2000 [] October 4, 2000 [] October 17, 2000 [] November 8. 2000 [V-CONSENT AGENDA [TEIfl G Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m,) September 20, 2000 (5:00 October 5, 2000 {5:00 p.m.) October 18, 2000 (5:00. p.m.) NATU RE OF AGENDA ITEM [] Administrative [] Development Plans [~ ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends the approval of funds for Housing Rehabilitation Case #2-99-006. Willie Mae & Uganda Alien. residing at 147 N.W. 13'n Avenue, in the amount of $20.624.00. This amount includes the levereging of Florida State Housing Initiatives Partnership (SHIP) grant funding in the amount of $10,000.00. and City of Boynton Beach Home improvement funding ~n the amount of $10,624.00, which includes a Ten pement (10%) contingency for any unforeseen problems that may be disclosed. EXPLANATION: Housing rehabilitation is the second strategy used with SHIP funds. The applicants have applied for assistance to have their home, in which they have resided six (6) years, rehabilitated through the City's Home Improvement Program. Ms. Alien & her daughter have been certified as very Iow-income with an annual income of $10,380.00 for a family of five (5), The scope of rehabilitation includes the replacement of the roof & exterior doors, window, fence, ceiling, bathroom and kitchen repairs, and exterior and interior electrical being ~)rought up to code. PROGRAM IMPACT: The rehabilitation of this property would convert a substandard structure in the community into a safe environment, meeting the U.S, Housing and Urban Development's National Objective. FISCAL IMPACT: The costs associated with rehabilitation of older dwellings are expensive, The ability of levereging local funds with State Grant SHIP funds gives the City the ability to address this issue effectively without bearing the entire burden. ALTERNATIVES: Failure to adequately repair this dwelling will res{JIt in an unsafe environment for the inhabitants a~ the~ abili~ to repair in the future. ~,~ep~rtrn~nt'T-i~d~s'Signature City Manager's Signature ~ ~ ~ ~ Department of Development !~, Division of Commun b/Redevelopment -~, Department Name City Attorney / Finance / Human Resources Requested City Commission Meetinq Date. s_ [] July 18, 2000 '-~ August 1. 2000 [] August 15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's July 6, 2000 (5:00 p.m.) Requested City Commission Meetina Dates --~ Seoternber 19. 2000 July 19, 2000 (5:00 p.m_) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) [] October 4. 2000 [] October 17, 2000 [] November 8, 2000 'V-CONSENT AGENDA I'TEM H Date Final Form Must be Turned in to City Clerk's Office, Seeternber 7. 2000 (5:00 3.m.) Seetember 20. 2000 (5:00 p.m.) October 5, 2000 ~5:00 p.m.) October 18. 2000 (5:00 NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends the approval of funds for Housing Rehabilitation Case # 2-99-021, Mariano and San Juanita Avila, residing at 2851 North Seacrest Boulevard in the amount of $11, 154.00, This amount includes the leveraging of Florida State Housing Initiatives Partnership (SHIP) grant funding in the amount of $10,000.00, and City of Boynton Beach Home Improvement funding in the amount of $1,154.00, which includes a ten percent (10%) contingency for any unforeseen problems that may be disclosed. EXPLANATION: Housing rehabilitation is the second strategy used with SHIP funds. The applicants nave applied for assistance to have their home, in which they have resided six (6) years, rehabilitated through the City's Home Improvement Program. The Avilas have been certified as very Iow-income for a family of two (2) with an annual income of $20,377.00. The repairs include the replacement of their roof, exterior doors, rehabilitation of their bathroom and necessary electrical and plumbing upgrades. PROGRAM IMPACT: The rehabilitation of this property would restore a substandard structure in the community and make it safe. meeting the U.S. Housing and Urban Development's National Objective. FISCAL IMPACT: The costs associated with the rehabilitation of older dwellings are quite high. The ability of leveraging local funds with State Grant (SHIP) funds g~ves the City the ability to address this issue effectively without bearing the entire burden. ALTERNATIVES: Failure to adequately repair the dwelling will result in an unsafe environment for the inhabitants and reduce the ability to repair in the future. ~ Depbf[rrl~nt R&ad's-gigna{ure ity anager's Signature Department of Development Division of Community Redevelopment Department Name City Att~mey / Finance / Human Resources Requested City Commission Meeting Dates [] July I8,2000 [~]~ A~gust 1,2000 [] August 15, 2000 [5~] ~ September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) Auguat2. 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested Cit3 Commission Meeting Dates [] September 19. 2000 [] October4.2000 [] October 17.2000 [] November 8, 2000 IV-CONSENT AGENDA ITEM ! Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18. 2000 (5:00 p.m.) [] Administrative [] Development Plans N~q',URE OF [] Consent Agenda [] New Business A~ENDA ITEM [] Public Heating [] Legal ', [] Bids [] Unfinished Business [] Announcement [] Presentation R ~; OMMENDATION: Motion to approve Change Order #8 in the credit amount of $25,762.00 for the following eleven ( 11 ) it~: 1.]Structural modification to existing structure. 2. Delete other structural modifications. 3. Modify electrical service P]~ Bu ~it as directed by Department. 4. Modify existing structural concrete at elevator. 5. Modify site wall at east driveway fincel 6. Delete electrical raceway and boxes for security. 7. Delete allowance for fountain. 8. Add exhaust system at Rooms & 224. 9. Delete sodding at building perimeter as directed by Department. 10. Add electrical work to dampers and diffusers. ~odify fire alarm system and smoke detectors. Subsequent to the Commission's action of awarding the contract for Lovation and New Construction for Utilities Operation/Technical Services Building" at the February 16, 1999, City is~ion meeting, and previous change orders issued on this project, these items are deemed necessary to continue the retrofit ~ss o,n the existing building towards its completion. Therefore, these items have developed into a required change order to the al Contract for this project. LA1NATION: These changes were required to facilitate the on-going construction of the building renovation project, located East Woolbnght Road. Th~s ~s a reductaon m the total project constmctton cost. ~GR~AM I1VtPACT: This is part of the renovation stages au the East Water Treatment Plant and Utilities Administration IMPACT: The funding credit for this Change Order will be added to account ~409-5000-590-96.10, WTR089. The items included in this Change Order relate to required field construction modifications deemed and current building changes previously made, and facili ted the completion of this project in the D~t~artment Head's Signature City Manager s Signature Utilities Deparmaent Department Name City Attorney / Finance/Human Resources S:\B~JLLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: RE: DEPARTMENT OF UTILITIES MEMORANDUM NO. 00-181 Sue Kruse City Clerk John A. Guidry Interim Director of Utilities H, David:Kelley, Jr., PE/PSM Utility Engineer August 17, 2000 CONSENT AGENDA ITEM REQUEST FOR SEPTEMBER 6, 2000 CITY COMMISSION MEETING CHANGE ORDER #8 FOR Off BUILDING RENOVATION PROJECT The attached Agenda Item Request Form is being transmitted to you, and we are requesting its inclusion into the agenda for the September 6, 2000 City Commission meeting. Upon the affirmative action to this request, please have all five (5) copies of the Change Order No. 8 executed and return same to this department for proper distribution. If you have any questions regarding this matter, please contact Mark Law, Deputy Utility Director at x6403 or Dave Kelley, Utility Engineer, at x6496. JAG:HDK:gb xc: Mark Law Dave Kelley Barbara Conboy File Change Order AIA Document G701 - Electronic Format OWNER [ ] ARCHITECT [] 'CONTRACTOR [ ] OTHER [ ] THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATFORNEy IS ENCOURAGED WITH RESPECT TO ITS 1~14(~ .MOD IF ICATION. AUTHENT1FICATION OF TItlS ELECTRONICALLY DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA PROJECT: /name, address7 City of Boynton Beach Utilities Administration Building t24 Woolbright Road CHANGE ORDER NUMBER: Boynton Beach, Florida 33435 DATE: August 4, 2000 TO CONTRACTOR: Coral-Tech Associates, Inc. · name, addresxJ 10211 West Sample Road Coral Springs, Florida 33065 The Contract is changed as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10 II ARCHITECT'S PROTECT NO: CONTRA/CT DATE: CONTRACT FOR: Eight (8) 98115 March 3, 1999 Building Renovations RCO 11R(2): Structural Modifications to the existing structure.. RCO 19: Delete structural modifications. RCO 24: Modify electrical service conduit as directed by the Owner. RCO 25R(2): Modify existing structural concrete at elevator. RCO 30R(1): Modify site walls at east end of site. "The time an~ funds reauested herein do not include RCO 39: Delete eleatrical mceway and boxes for security, time and fund~ for claims submitted and all rights zo RCO 40: Delete allowance for fountain, additional time and funds are hereby reserved. ' RCO 41: Add exhaust system at Rooms 221 and 224. RCO 42: Delete sod at perimeter of building es directed by the Owner. RCO 43: Add electrical work to dampers and diffusers. RCO 44: Modify f~re alarm system and smoke detectors. Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (: · ~ ' .: ' ' q was Net :hauge by previously authorized Change Orders The (Contract Sum) :. '- - -: ' '- prior to this Change Order was The (Contract Sum)? ~ : ' ' ~ '- will be ('.'.-.crccc~d) (decreased) Th(q~tmnged~. by this Change Order in the amount of e new (Comract Sum) (G"~_~te:~_ _x.5~.Lm.-.:_---. P:5'cc) including this Change Order will be $1,560,800.00 $ 27,717.99 $1,588,517.99 $ (25,762.0O) $1,562,755.99 The Contract Time will be (unchanged) by ( 0 ) d~[s. (Note: The amount of days will be included in the next Change Order.) The Date of Substantial ComPletion a~ of the date df this Change Order therefore is April 3, 2000 NOTE: Tiffs suumm~ do~s not reflect changes in the Contract Sum, Conh~ct Time or Guaranteed maximmu Price which have been Authorized by Constracfion Change Directive. Song + Associates, Inc. Coral-Tech Associates, Inc. The City of Boynton Beach ARCHITECT 400 Australian Ave. S. Sixth Floor West Palm Beach. Florida 33401 CONTRACTOR OWNER 10211 West Sample ~oad~Ste. 207 124 Woolbright Road Coral Sprin~s, FI~_j ~65 Boynton Beach, Florida Address ~ Address ~ DATE: DATE.' ~ ~ DATE: AL4 DOCUMENT G701 * CHANGE ORDER · 1987 EDITION · AL4 · COPYRIGHT I987 · THE AMERICAN IN~ 1 ! 1 UTE OF ARCHITECTS. 1735 NEW YORI~ AVENUE, N.W., WASHINGTON. D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced w/thout violation until the date of expiration as noted below. Electronic Format- G701-1987 User Document: GT01.CON - 11/4 1999. AIA License Number 115475, which expires on 11/30/2000- Page #I March 8, 2000 Mr. Michael Trader Song & Associates Architects & Planners, Inc. Re: Request for Change Order No, Eleven (11)P,2 ~ Utilities Administration Building Project No: WTRQ89 CT,~ FILE NO: 9812-18 Dear Mr. Trader: n accordance with directions received from submitting our request for change order, Memorandums of April 15 and May 11, 1999, and in r P. E., dated September 16, 1999. APRIL 15_ 1999 1. FRAMING AROUND SECOND FLOOR OPENING A. Formwork, shodng, reinforcing and concrete for elevated beam 2B-14. Delete concrete masonry units. Concrete construction per attached breakdown~ B. Fornwvork, shodng, reinforcing and .concrete for increased . depth of beam 2B-12, West of opening. Shodng and formwon( was in progreSs and was removal and rebUilt to new depth. Concrete construction per attached breakdown. C. Formwork, reinforcing and concrete for additional tie column at North end of East wall to accept beam.2B-,12. Deduct concrete masonry units. Concrete construction per attached ;breakdown. we are S- Kreh, $ 686.00 $ 581.00 $ 538.00 10211 WEST SAMPLE ROAD SUITE 2O7 CORAL SPRINGS, FLORIDA 33065 954 -753 -7252 FAX: 954-341-7116 Mr. Michael Trader Request for Change Order No. Eleven (11 )R2 Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 March 8, 2000 Page 2. APRIL 15 1999 (continued) LINTELS AT GRID LINE "A" ADJACENT TO GRID LINES "2" AND "5" Formwork, reinforcing and concrete for additional columns to support lintels at two {2) locations. Cast in place lintels installed In lieu of precast lintels. Concrete construction per attached breakdown. $ 548.00 ~-4 DOWELS AT SLAB ON GRADE IN LIEU OF WELDED WIRE MESH No Charge - No Credit MAY 11.1999 1. CONSTRUCT ADDITIONAL TIE COLUMNS Formwork, reinforcing and concrete for additional tie column at West end of beam 2B-13. Delete concrete masonry units. Concrete construction per attached breakdown. $ 580.00 CONSTRUCT ADDITIONAL BOND BEAMS Formwork, reinforcing and concrete for additional bond beam at top of wall at West side of new stair. Delete concrete masonrY units. Concrete construction per attached breakdown. $ 964.00 Mr. Michael Trader Request for Change Order No. Eleven (11)R2 Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 March 8, 2000 Page 3. MAY 11~ 1999 (continued) 3. CONSTRUCT ADDITIONAL TIE BEAMS Formwork, reinforcing and concrete for additional tie beam at top of wall North of grid line "3" and East of grid line "C". Delete concrete masonry units. Concrete construction per attached breakdown REMOVE AND RESTORE SLAB ON GRADE TO PROPER ELEVATION Cutout high area of existing slab on grade and place and finish concrete at proper elevation. Concrete construction per attached breakdown. $ 558.00 $ 714.00 TOTAL TOTAL AMOUNT OF THIS REQUEST $5,169.00 $5,169.00 As you know, this work has been completed to avoid extended delays to planned progress of the project. Accordingly, we are requesting an extension of time in the amount of fourteen (14) days for interference and delays to uniform construction progress. The actual effect on the scheduled completion date will be reviewed in conjunction with integrated construction activities of the project to determine the total delay impact. Mr. Michael Trader Request for Change Order No. Eleven (11)P,2 Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 March 8, 2000 Page 4. Kindly prepare a change order for this additional work at your earliest opportunity. Thank you for your kind assistance and cooperation. Very truly yours. C I0~ ~lC. JO~CE Presid~ CC: Mr. Mark Law Ms. Diane Goodman boyntonuL3180200 === = == ~= == =~ == === = = = m=== ====== == =~ === =========== ======== == = = ===== ............ PAGE: 2 2.0 Si0e Work )~CRIPTION CREW ............................................. SHEET · INE NO TAG '' D/O M/~ QUANTITY MATERIAL LA~OR EQUIp TOTAL SUB "020 S02 1334 000C CLAB1M 4.000 2.0000 1.00 0.00 42.70 0.00 42.70 A 100.00% 100.00% 2.00 JOB 0.00 42.70 0.00 42.70 ~RASHA~DDEBRISP. EMOVAL 30 CYROLLOFF *020 704 1220 000C CLABiM A 100.00% 100.00% 1.000 8.0000 0.10 696.00 170.80 0.00 866.80 0.80 ~CH 69.60 17.08 0.00 86.68 S~ ~3T~ : 3 70 60 0 129 0 DIVISION TOTAL : 3 70 60 0 129 0 ................................................. - .................................................................................. 3.1 Concrete Formwork SUB TOTAL : -3 -76 -92 0 DIVISION TOTAL : -3 -76 -92. 0 JONTOTAL : 10 279 292 27 44 0 320 336 ~1 0 ' 686 .................................. T ................................................................................................. SOB TOTAL 1 0 65 0 65 0 OIVISION TOTAL I 0 65 0 65 0 .................................................................................................................................... 2 Site Work 2.0 Site Work ~RASHANDDEBRISP. EMOVAL 30 CYROLL OFF *020 704 1244 000C CLABiM 1.000 8.0000 0.07 696.00 170.80 0.00 866.80 B 100.00% ~00.00% 0.56 EACS 48.72 11.96 0.00 60.68 3.1 Concrete Formwork ......................................... )~SC~iO~ ......................................... CREW DIVISION TOTAL : 8 143 204 11 358 0 45 0 S 581 1 General Requirements SUB TOTA~ : 1 0 65 0 65 0 ........................................................................... ~ ........................................................ Site Work Site Work )ESC~IPTION ~ SHEET NO. TAG ** D/O M/H QUANTIT~ MATERIAL LABOR EQUIP TOTAL SUB *020 704 1248 000C CI~%~iM C 100.00% 100,00% 1~000 6,0000 0.10 696.00 lg0.80 0.00 866.60 0.80 ~C~ 69.60 17.08 0.00 86.68 S~ TOTAL : 2 70 38 0 108 0 DIVISION TOTAL 2 g0 34 0 108 .................................................................................................................................... .................................................................................................................................... 37 2 238 282 18 0 538 538 0 0 538 i ~eneral ReqUiremenus .................................................................................................................................. t- 2 Site Work 2.0 Site Work TRASH ANDDEBRISP,~I~OVAL30 CYROLLOFF *020 704 ~254 000C CLABIM 1.000 8.0000 0.0S 696.00 170.80 0.00 866.8C ......................................................................................................................... 3.1 Concrete Formwork 25.000 0.3200 6.00 5.80 6.83 2.65 15.28 1.92 EAC~ 34.80 40.99 15.89 91.69 ~===== == ~== = == = === = = == = === = = == = = ==== = ===== =========== ======= ===~ === DIVISION TOTAL . 7 137 186 24 347 JOB TOTAL : 10 172 281 24 477 0 ............................................................................................................................... 42 0 197 323 28 0 548 0 $ 548 ADD TIE COL~]~ AT BEAM 2B-13 RCO ~11R2 Wed Mar' 08 07:36:26 lhn 2000 PAGE: i = == == = ~=~== ==== m= ==== == == ===== ========= === ===== ===z======== == ==== ====== ==== 1 General Requirements 1.0 General Requiremen=s ............................................................................................................................... 2 Site Work 2.0 Site Work ................................................................................................................................... SUB TOTAL : ~2 -36 -43 0 -79 0 DIVISION TOTAL : -2 -36 -43 0 -79 0 JOB TOTAL : 10 199 288 17 504 0 SOB TOTAL O 504 0 S 580 i General Requirements SUB TOTAL : 1 0 65 0 65 0 Site Work Site Work ............................................................................................................................... 3.1 Concrete Formwork DESCRIPTION CREW SHEET LINE NO. TA~ ** D/0 M/H QD~NTIT~ MATERIAL LABOR EQUIP TOTAL SUB .................................................................................................................................... SU~ TOTAL : -2 '45 '54 0 -99 C ................................................................................................................................ 65 5 O 422 501 40 0 964 0 0 1.0 C~--neral Requirements DESCRIPTION CREW SHEET LINE NO. TAG *~ D/O M/H QDT~FfITY MATERIAL LABOR EQUIP TOTAL SUB ............................................................................................................................... Site Work Site Work T~%SH AND DEBRIS PJ~qO~AL 30 CY ROLL OFF *020 704 1268 000C G 100.00% CLA~IM 1.000 8.0000 0.05 696.00 170.80 0.00 866.80 100.00% 0.40 EAC~ 34.80 8.54 0.00 43.34 SUBTOTAL : I 35 30 0 65 0 DIVISION TOT~L : i 3~ 30 0 65 0 .................................................................................................................................... SUB TOTAL : 0 14 12 0 26 0 3.3 Cas=-In-Place Concrete 4.2 Uni= Masonry ~UB T(Yl'AL : -1 -22 -27 0 -49 0 DIVISION TOT~.L : -1 -22 -27 ~ -49 0 JOB TOTAL : 9 201 266 19 485 ~ 1 General Requirements 2 Bite Work 2.0 Site Work C~TfYJTD~4OLITION OF ELEVA~DFLOOR AR~AAT BLAB ON GRADE *0~0 704 0205 000M B9 M 266.667 0.1500 50.00 5.00 1.41 0.63 4.04 H 100.00% 100.00% 7.50 SF 0.00 170.54 31.45 202.00 T~%SH AND DEBRIS REb~D%TtL 30 C'f ROI~L OFF .*020 704 1274 000C CL~IM 1.000 8.0000 0.10 696.00 170.80 0.00 866.80 H 150,00% 100.00% 0.80 ~ACH 69.60 17.08 0.00 86.68 .................................................................................................................................... 63 0 October 25, 1999 RECEIVED 7 7 1999 SONG & ASSOCIATES CORAL-TECH ASSOCIATES, INC. Mr. Michael Trader Song &Associates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Florida 33401 Re: Request for Change Order No. Nineteen (19) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader: In accordance with your directive, we are submitting our request for change order, as follows: MODIFY STRUCTURAL CONCRETE Added and Deleted Work per attached cost breakdown DEDUCT $828.00 TOTAL AMOUNT OF THIS REQUEST DEDUCT $828.00 Thank you for your kind assistance and cooperation. Very truly yours, JOHh"~'AN~E ~ President Enclosure Mr. Mark Law Ms. Diane Goodman boyntonut.2.32.0899 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS. FLORIDA 33065 954-753-7252 FAX: 954-341-711 § S~BTOTAL · 2 0 130 0 130 0 0 0 0 -777 -112 61 0 -828 -828 0 $ -828 RECEIVED OCT 2 8 1999 SONG & ASSOCIATES October 27, 1999 Mr. Michael Trader Song & Associates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Florida 33401 Re: Request for Change Order No. Twenty Four (24) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader:. In accordance with your directives, we are submitting our reouest for change order, as follows: MODIFY ELECTRICAL SERVICE ENTRANCE CONDUIT Electrical Work per attached proposal General Construction per attached cost breakdown TOTAL DEDUCT $ 186.00 1,826.00 $1,440.00 TOTAL AMOUNT OF THIS REQUEST $1,440.00 It is expected that the described modifications will require an additional ten (10) days to procure material and complete construction work after receipt of a change order. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project for an extension of contract time. 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS FLORIDA 33065 954 -753 -7252 FAX: 954-341-7116 Mr. Michael Trader Request for Change Order No. Twenty Four (24) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 October 27~ 1999 Page 2. Kindly prepare a Change order for this work at your earliest opportunity in order that we may procure required materials and sChedule this work in conjunction with activities currently underway at the site. Thank you for your kind assistance and cooperation. Very truly yours, President INC. Enclosures CC: Mr. Mark Law Ms. Diane Goodman boyntonut.23850899 1 RI.C. ERVICE, INC. October 27th, 1999 Coral*Teoh Assodates, Inc. 10211 West Sample Road. Suite 207 Coral E~l~dags, Florida 33065 Attn: John J. Yanoviak Sub: Boynton Utilities. Architsct's Field Order #7 1870 N. Slate Road #7 Suite 111 Margate, FL 33063 Phone: (954) 974-6400 Fax: (654} 973-8722 Dear John: Followingis a break-down of our proposal to modify the service entrance conduits: 4" Conduit and Fittings Add - 3' Conduit and Fiffings Deduct $299.00__ Subtotal Deduct $114.00 $114.00 4" Oonduit Joumeyman Mechanic 3" Conduit Joumeym~n Mechanic Subtotal Total 6.5 ~ $28.00 Add $182.00 6.5 {~ $20.00 Add $130.00 6.0 @ 628.00 8.0 @ S20.00 Deduct $ 224.00 Deduct $160,00 Deducts 72.00 Deduct $186.00 "llel~ing Yau Maka ?'be l~dght 2 Site Work 2.0 Site Work DESCRIPTION CP~ S~EET LINE MO. TAG ** D/0 M/W QL~ITY ~T~RLAL LABOR EQUIP TOTAL SUB 100.00% 100.00% CLABiM 4.000 2.0000 1.00 11.60 42.70 0.00 54.30 100.00% 2.00 JOB 11.60 42.70 0.00 54.30 /%1 M 53.333 0.1500 40.00 1.16 3.20 1.24 5.60 100.00% 6.00 LF 46.40 128.10 49.67 224.17 D~4OLITION OF EXISTIN~ CONC~ SI~%B ON GRADE TO 10" *020 704 0240 000C BllC M 126.000 0.1258 30.00 0.12 3.11 1.79 5.02 100.00% 100.00% 3.75 SF 3.48 93.38 53.60 150.46 TP~ASHANDDNEP~ISP~EMOVALFROM DEMOLITION WORK30 CYROLLOFF *020 704 152C 000C CLABiM 4.000 2.0000 1.00 116.00 42.70 0.00 158.70 100.00% 100.00% 2.00 F~CR 116.00 42.70 0.00 ~58.70 SI]B TOTAL : 18 177 567 105 848 0 .................................................................................................................................... ~ =========== =============~==================== =============================4;=============================== ======================== SUB TOTAL . 5 0 111 70 181 O 0IVISION TOTAL : 23 177 678 174 1029 0 .................................................................................................................................... 1.2 Concrete Reinforcement DESCRIPTION ~ SHEET LINE NO. TAG ** D/O M/H QUANTITY ~ATERIAL LABOR EQUIP TOTAL WE~D WIP. E FABRIC 6 x 6 - W1.4 x W1.4 AT SOG *032 207 0202 O00C RODM2M C 100.00% 100.00% 16.000 1.0000 0.25 8.47 33.90 0.00 42.37 0.25 CSF 2.12 8.48 0.00 10.59 FINISH A~D CU~ CONC~TE SIaRB ON GRADE *033 454 8160 000C C9 M 228.571 0.0350 30.00 0.00 0.94 0.19 1.13 C 100.00% 100.00~ 1.05 SF 0.00 28.19 5.82 34.01 460 930 236 0 1626 1626 0 April 25, 2000 p, EGE X/F--D $Ot, tG & A, ssOCtATES CORAL-TECH ASSOCIATES, INC. Mr. Michael Trader Song & Associates Architects & Planners, Inc. 400 ~ustralian Avenue South, Sixth Floor West Palm Beach, Florida 33401 Re: Request for Change. Order No. Twenty Five (25)R2 Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trade~. In accordance with your directives, we are submitting our second revised request for change order for work completed as follows: MODIFICATIONS TO STRUCTURAL CONCRETE Change Wall and Beam Construction at Elevator General Construction per attached cost breakdown $1,627.00 Change Beam Construction at Entrance Door General Construction per attached cost breakdown TOTAL $ 717.00 $2,344.00 TOTAL AMOUNT OF THIS REQUEST $2,344.00 The described modifications impacted construction progress to successor installations for a pedod of ten (10) days. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project for an extension of contract time. 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS. FLORIDA 33065 954-753-7252 FAX: 954-341-7116 Mr. Michael Trader Request for Change Order No. Twenty Five (25)R2 Utilities Administration Building Project No: WTRO89 Page 2. Kindly prepare a change order for this work at your earliest oppor[unity. As you know, this work was completed to avoid extraordinary detays to progress of the project. Thank youfor your kind assistance and cooperation. Very truly yours, CORA~INC. JOHN ~CE President Enclosures CC.' Mr. Mark Law Ms, Diane Goodman boyntonut.3220200 B~.~BLD~ RCO ~2ER2 MODIFY EEAM AT ENTRANCE DOOR RC0 25R2 Tue Apr 25 04:14:40 Pm 2000 PAGE: 2.0 Site Work TRA~ AND DF~BR/S RI~4OVAL 30 CYROLLOFF *020 704 1244 O0OC CLABiM 1.000 8.0000 0.10 696.00 170.80 0.00 866.80 .................................................................................................................................... 3.1 Concrete Formwork FORMS IN PLACE AT BEAM SIDES *031 138 2060 000C C2 M 266.667 0.1800 23.00 1.74 4.70 0.15 6.59 E 200.00% 100.00% 4.14 8FCA 40.02 105.11 5.45 151.62 FORMS IN PLAC~AT B~JiMBOTT~4 '031 138 2098 O00C C2 M 192.000 0.2500 12.00 3.48 6.53 0.21 10.22 3.2 Concrete Reinforcemenc 0.571 14.0000 0.05 580.00 474.80 0.00 1054.60 0.70 TON 29.00 23.73 0.00 52.75 SUB TOTAL : I 24 20 0 44 0 SU~TOTAL ; -1 -62 -32 -4 -98 0 48 0 i General Requiremen=s SHEET 2 Site Work 2.0 Site Work 1.000 8.0000 0.15 696.00 170.80 0.00 E66.~3 1.20 EACH 104,40 2E.62 O.00 130.02 FO~M~ IN PLACE AT BEAM BOTTOM *~31 138 208S 00DC C2 M 240.000 0.2000 15.00 3.48 5.22 0.17 8.87 S~BTOTAL : 17 217 450 15 682 0 25.000 0.3200 26.00 5.80 6.83 2.65 15.28 8.32 EACH 160.80 177.63 68.87 397.30 ............................................ ~ ....................................................................................... .................................................................................................................................. PRECAST CONCR~TELINTEL *042 330 0300 000C D4 M 400.000 0.1000 -20.00 5.22 2.40 0.40 8.02 A 100.00% 100.00% -2.00 ~F -104.40 -47.96 -8.07 -160.43 0 566 927 133 0 1627 1627 0 0 $ 1627 June 30, 2000 ---.~ Mr. Michael Trader Song & Associates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Flodda 33401 Re: Request for Change Order No. Thirty R1 (30R1) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader: In accordance with your directives, we are submitting our revised request for change order for additional work as follows: MODIFICATIONS TO SITE WALLS AT EAST END OF SITE General construction per attached proposal $765.00 TOTAL AMOUNT OF THIS REQUEST $765.00 As you know the work of this request has been completed for a long time, and more than six (6) months has expired since our odginal request for change order, of December 2, 1999, was submitted to your firm. Your prompt preparation of a change order will be appreciated. It is not expected that the described modifications will impact construction progress and project completion. However, actual impacts onthe scheduled COmpletion date will be reviewed in conjunction with affected construction activities of the project for an extension of contract time. Thank you for your kind assistance and cooperation. Very truly yours, JoHN ~,CCE President Enclosures cc: Mr. Mark Law Ms. Diane Goodman Ms. Young Song 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS FLORIDA 33065 954-753-7252 FAX: 954-341-7116 2.0 Site Work ~ ................................................ C ..................... ~ ............................................................. LINE NO. TAG ** D/O M/H ~%NTI~"f ~TE~IAL I~%BOR EQUIP TOT;%L SUB TRAFFIC CONTROL~GENERAL CT-~/~3P AT SI~ *020 000 1157 000C CI~%BIM C 100.00% 100.00% 8.000 L.0000 1.00 5.80 21.35 0.00 27.15 1.00 JOB 5.B0 21.35 0.00 27.15 = = = = = = = = = == = == = ~ = = = = = ~ = = = = = = = = = = = = = ~ = = = = = == = == == == = == = = = = = = = = = = = = == = = = = = = = = = = = = ~ == === = = == = == = = = == = = == = = === = = = = = = = = = = = = = = = == = = = = = = = = = .................................... _- ............................................................................................... 100.00% 266.667 0,0300 1S.00 0.00 0.64 0.25 0.89 100.00% 0.4~ SF 0.00 9.61 3.72 13.31 2 Site Work 2.5 Paving And Surfacing DESCRIPTION CREW S~EET LINE NO. TAG *~ D/O M/H Q~%NTITY ~ATERIAL LABOR EQUIP TOTAL SUB .................................................................................................................................... Concrete Formwork Cl ~ 2~6.000 0.1250 10.00 1.57 3.19 0.12 4.87 100.00% 1.25 SFCA 15.66 31.86 1.19 48.71 SUB TOTAL : 2 27 45 2 74 ) 3.3 Cast-In-Place Concrete 12.444 4.5000 0.20 87.00 109.94 50.92 247.87 0.90 CY 17.40 21.99 L0.18 49.57 LEgZ~LAND S(I~J~EDCONCP-E'I~ATCA~ BEAM *023 454 0108 000C C9 M 679.000 0.0119 4.00 0.00 0.32 0.07 0.38 C 100.00% 100.00% 0.0S SF 0.00 1.27 0.26 1.54 .................................................................................................................................... 4.2 Unit Masonry 0.0000 1.00 64.01 O.O0 0.00 64.01 0.00 JOB 64.01 0.00 0.00 54.01 .................................................................................................................................... 7 Moisture-Thermal Control ~.3 Shingles & Roofing Tiles SI3B TOTAL : 2 23 42 0 6G 0 9 ~inishes 9.2 Lath, Plaster ~nd ~ypsum Board 100.00% 100.00% 0.00 JOB 123.01 0.00 0~00 123.01 9.9 Paintin~ & Wall Coverings ~.. PO~D2M 0.000 0.0000 1.00 21.01 0.00 0.00 21.01 100.00% o.00 JOB 21.01 0.00 0.DO 21.01 ................................................ $ 765 January 31,2000 CORAL~H Mr. Michael Trader Song &Associates Amhitects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Flodda 33401 Re: Request for Change Order No. Thirty Nine (39) Utilities AdministratiOn Building project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader: In accordance with approved field modifications for the secudty system raceway, we are submitting our request for change order, as follows: DELETE RACEWAY AND BOX FOR SECURITY SYSTEM AT ELEVATOR MACHINE ROOM Electrical conduit, box and accessories Electrical Journeyman Electrical Helper TOTAL 1.5 hrs @ $28.00 1.5 hrs @ $20.00 $18.00 42.00 30.00 $90.00 TOTAL AMOUNT OF THIS REQUEST DEDUCT $90.00 Kindly prepare a change order for this work at your eadiest opportunity. Thank you for your kind assistance and cooperation. Very truly yours, OORA~ JOHN '~"?'~CE President Mr. Mark Law Ms. Diane Goodman 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS. FLORIDA 33065 954-753 -7252 FAX: 954-341-7116 January31,2000 Mr. Michael Trader Song & Associates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Flodda 33401 Re: Request for Change Order No. Forty (40) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader: In accordance with your directive, we are submitting our request for change order, as follows: DELETE ALLOWANCE FOR FOUNTAIN Allowance per contract $50,000.00 TOTAL AMOUNT OF THIS REQUEST DEDUCT $50,000.00 Kindly prepare a change order for this work at your earliest opportunity. Thank you for your kind assistance and cooperation. Very truly yours, CORAL~ Mr. Mark Law Ms. Diane Goodman 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954-753-7252 FAX: 954-341-7116 CORAbTECH ASSOCIATES, INC. February 7, 2000 Inc. RECEIVED FEt~ 09 20~1] SONG & ASSOCIATES Re: Request for Change Order No. Forty One (41) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader, In accordance with Proposal Request No. 26, we are submitting our request for change order, as follows: ADD EXHAUST SYSTEM AT ROOMS 221 AND 224 General Construction per attached breakdown $11,336.00 TOTAL AMOUNT OF THIS REQUEST $11,336.00 It is expected that the described modifications could impact construction progress and project completion for a pedod of twenty four (24) days as we cannot proceed with matedal procurement and installation activities until we are in receipt of a signed change order. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project for an extension of contract time. 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS, FLORIDA 33065 954-753 -7252 FAX: 054-341-7116 Mr. Michael Trader Request for Change Order No. Forty One (41) Utilities Administration Building Project No' WTRO89 CTA FILE NO: 9812-18 February 7, 2000 Page 2. Kindly prepare a change order for this work at your eadiest opportunity to avoid further delays to completion of the project. Thank youfor your kind assistance and cooperation. Very truly yours, Enclosures cc: Mr. Mark Law Ms. Diane Goodman 2 Site Work C~5~)UTD~4OLITION OF MASONRY FOR EXHAUST FAN *020 706 0600 000M C51 U 2.000 8.0000 1.00 29.00 240.00 57.53 326.53 CLv~OI3TDEMOLITION OF MASONRY FOR DAMPER &C~qILLB *020 704 0620 000C C51 U 4.000 4.0000 1.00 29.00 120.00 29.76 177.76 100.006 100.006 6.OQ JOB 29.00 120.00 28.76 177.76 ~A~HANDDEBRISREMOVAL 30 CYROLLOFF 706 1281 000C CLAB1M 1.000 8.0000 0.20 696.00 170.80 0.00 866.80 100.006 100.006 1.60 EACH 139.20 34.16 0.00 173.36 ======================================================~============================================================================= S~B TOTAL : 22 203 565 86 854 0 ============================================== -===~========= ==~ ==~==== ======== ================================================= DIVISION TOT~L : 22 203 565 86 854 0 =================== =============================== = ====== == == ===== = =======~======== = ================================================ .................................................................................................................................... 2.667 3.0000 1.00 17.40 105.00 0.00 122.40 3.00 JOB 17.4Q 105.00 0.00 122.40 SUB TOTAL : 9 35 315 0 350 0 DIVISION TOTAL : 9 35 315 0 350 0 9.2 Lath, Plaster And Gypsum Board SHEET CREW 9.9 Painting & Wall Coverings BB UT BLDG RCO #41 ADD E~U~AUST SYST~P.M 221 & 224 RC0 ,#41 Mon Feb 07 07:38:14 Pm 2000 PAGE: 5~, i0 Specialties 10.4 Identifying & Pedestria~ Control DESCRIPTION CREW S~ET LINE NO~ TAG ** D/O M/H QUANTITY MATERIAL LABOR EQUIP TOTAL SUB 15 Mechanical JOB 3362.0~ =============================================== ========== == ======== =================================== ===== 16 Electrical 16.8 Special Systems 627 2636 141 7932 11336 11336 0 0 11336 ;EB-OI-O0 ~4:35 FROM-Stokes lllechanical S$15SZ~Sa~ T-3g~ P.03/04 F-~ZZ CHANGE ORDER SPREAD SHEEI PRICE OOGT PLUNBING~: '-, ; ~0 Change Order TWO GO:ds ,3an-28-00 12:50P NES/CPI FL P. 02 Call Us! (954) 974-6400 Fax 196a) Change Order No. 15 #~JOI22A1CTA atl"2712eo, e ~: Boy, ton Utilities Op Nkk:. 1620S. Sea~estBIvd. Boynton Beach Ovm.c C~ of BoyntonBeach jbl~=,.: [561) 733--7001_E- WE. AC:it~. hcrcby to maltc rxaanEc.~ .npcsif~d I~t~w nt thi,~ prk~ ......................................... $ Scope of Wort~ Cb.a.nge Ordm' # 15 1/27/00 Pt'ol~aI R~tne, st # 26 --~ $2,599.110 Followinlt ia thc scnpc ul' vaxlt un fids job: t. pmv~d~an6,om, e,6altolnslali al2OVpovn~ckcttitm]~4 l~catediamomg221mtdhuok-upm cx~ing C]3 ~52 in Pand 2P. 2. Pr~,'id~ habor and mamrial tn insial] a I20V puw~cr t.'iumit to .%anokc danq~cr lot=dcd in room fi 224 and ho~-upm e~b~ifl~ CB ~4 i~Pa~M. 2P. 3. Pmvid~ 120V nomtallyopeard, ay to be be/d cL-~-- bY ]oummeymalx 44h~ at S28. Mcch 44 hrs at $2G; Malc~al ~497.lg} ---~.,599 Cwli~mcr ,~tgmtiu r'c: .Ti~ Date: ............... ~.~r~ -> JAC-CTA C0MPAN[E$; Page 3 Feb-O[-OO O2:0OP NES/Cplr 954-973 8722 FL Diane Goodman Coral -Tech Associates, Jnc, 10211 W' sample Rd. (_'all Us] (95tl Faa Change Order No. ~8 ~ Eloyr~or~ UUFIUes OP ~ Ci~ of Bea~t P.O3 February 11,2000 Mr. Michael Trader Song & Associates Architects & Planners, Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, FIodda 33401 Re: CO_RAL-TECH RE C.,~.%'q ~OC I A .TES. INC. SONG & AssOCIA'~ES Request for Change Order No. Forty Two (42) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader: In acoordance with your directive, issued on December 29, 1999, we are submitting our request for change order, as follows: DELETE SOD AT PERIMETER OF BUILDING St. Augustine Sod $642.00 TOTAL AMOUNT OF THIS REQUEST DEDUCT $642.00 Kindly prepare a change order for this work at your earliest opportunity. Thank you for your kind assistance and cooperation. Very truly yours, Pres~ent ~ cc: Mr~ Mark Law Ms. Diane Goodman 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS FLORIDA 33065 954-753-7252 FAX: 954-341-7116 February 11, 2000 Mr. Michael Trader Song,& Associates Architects & Planners. Inc. 400 Australian Avenue South, Sixth Floor West Palm Beach, Florida 33401 Re: Request for Change Order No. Forty Three (43) Utilities Administration Building Project No: WTRO89 CTAFILE NO: 9812-18 Dear Mr. Trader: We are submitting our request for change order, for additional electrical power widng to HVAC equipment, as follows: 120V CIRCUITS TO FA DAMPERS AND DIFFUSER DAMPERS General Construction per attached breakdown $2,805.00 TOTAL AMOUNT OF THIS REQUEST $2,805.00 It is expected that the described modifications could impact construction ~)rogress and project completion for a period of ten (10) days as-we cannot proceed with material procurement and installation activities until we are in receipt of a signed change order. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project for an extension of contract time. 10211 WEST SAMPLE ROAD SUITE 207 CORAL SPRINGS. FLORIOA 33065 954-753-7252 FAX: 954-341-7116 Mr. Michael Trader Request for Change Order No. Forty Three (43) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 February 11,2000 Page 2. Kindly prepare a change order for this work at your eadiest opportunity to avoid further delays to completion of the project. Thank you for your kind assistance and cooperation. Very truly yours, K, CCE Enclosures CC: Mr. Mark Law Ms. Diane Goodman boyntonut-2750100 i General Requirements 1.0 General Requirements DESCRIPTION ~ SH~T LINE NO. TAG ** D/0 M/H Q~NTITY MATERIAL LABOR EQUIP TOTAL 2 S±te Work 2.0 Site Work 0ESC~IPTION CR~ SH~T LINE NO. TAG .t D/O M/H Q~/A~I~ MATERIAL LA~OR EQUIP Tf~fAL SUB T~AND DEBRIS P~VAL 30 C~ RO~L OFF *020 704 1248 000C C~iM L.000 8.0000 0.1E 696.00 170.80 0.00 866.80 100.00% 100.00% 1.20 F~ 104.40 25.62 0.00 130.02 S~3TAL : 5 110 111 0 221 0 ========= = = ===~ s='=== == = = === === ==== ~ .== = === ==s ==== =~ ==== = = ~ ==== = ===== m ====== == ============ = = = ========== = ====== ~ ===================== 7.2 Insula=ion 9 Finishes UNIT ~=== === == === = : .= = === === ==== ==== = ==== == = ========== ====== ==== ===== .................................................................................................................................... 16 Electrical 16.8 Special Systems LINE NO. TAG *' D/0 M/H QI/A~TITY MATERIAL LABOR EQUIp TOTAL SUB AS~LY~ SEARCH1 SEARCH2 P~/ ~ER2 UNIT 1.00 10S8.00 JOB 1056.00 .................................................................................................................................... 147 4 64 300 1125 29 1550 2805 2805 0 0 5 2805 Diane Goodman Coral -Tach Assoc)ates. Inc. 10211 W. Sample Rd. Suite ~2~7 Coral Spr[~s FL 33065- (954} 7~-725~ E- ~ 9~4 341-7116 ('all l/x! (954) 974-6400 Change Order No. 19 WE AGREE her=by tn i~kc ¢tumgua ~'l~-citled below at Ihi,~ pri~= ........................................... $ Scope of X~Vork: Ch;rage Order//19 2/1/00 MechanJ. caI Rooms 120 V Damper ..~$228 Each Room r~tuire a 120v Cirmfit Iht Damper. At no chargc we originally ~imd for law vollage. Cost: Labor 3 hfs (~ $25 ~ matcri;fl $30 =S114.00x2 =~22g.00/ ( ) For de~aiJs, pleeJe see attached c,st breakdaw~L Michael Electric Service i/ /~i~hael ,~amrnu/rftano. Pres Acceptanc" 'l'itl, Data: [Diane C~oodman Coral -Tech Associates. 10211 W. Sample Rd. Suae//207 Coral Spnngs FL 33065- (954) 753-7252 El- Fax: 954 341-7116 Call U,,d (954) 974-6400 Fax (~$4) 973-8722 Change Order No. 20, Job/PO #9~)tlI22AICl'A 02/01/2UI10 Boynton Utilities Op 1620 $. Seacrest Bird Boynton ~eacn City ef Boynton Beach (561) 733-7001 E- AC;RI:.E hereby to znak= 'changcs apccili~l below al tl~i~ price ..........................................$ 1,058,00 Scope of Work: Change Order #20 2/1/00 Defusers' Gontrol Wiring -~$~s a) 1st Floor itmmll wiring for 2 reanote control air dct'u..ee, rs. b) Znd Floor install wiring for 4 remote centre[ air de~scrs. c) 2 120v c~rcuit one per floor d) Wiring to each dctruscrs slmll bo plcnmn tylm cable. Cost: Labor 16 hm ~).,%25 + 16 hfs ,~,~20 +materialS290 +$I.058.00 / ( ) For detaih, please see a[lached cost hreakdewn. Michael Electric ,Yervice Ina Acceptance L~u.xtomer SiKnature: Titlu .Date: COP, AL-TECH ASSv',...~,'-',, ES !NC. March 20, 2000 RECEIVED Mr. Michael Trader Song & Associates Architects & Planners, Inc. 400 AUstralian Avenue South; Sixth Floor ' ~ ~ ~ ,,~ F!odda 33401 W~ot Pa,m By_ch, HAR,2 2 2000 SONG & AssOCtATE8. . Re: Request for Change Order No. Forty Four (44) Utilities Administration Building Project No: WTRO89 CTA FILE NO: 9812-18 Dear Mr. Trader: We are submitting our request for change order, for modifications to the e ectrical system in accordance with directives received from the Fire Marshall, as follows: MODIFY FIRE ALARM SYSTEM AND SMOKE DETECTORS General Construction per attached breakdown $1,939.00 TOTAL AMOUNT OF THIS REQUEST ,939.00 It is expected that the described modifications could impact construction progress and project completion for a period of five (5) days as we cannot proceed with material procurement and installation activities until we are in receipt of a signed change order. The actual impact on the scheduled completion date will be reviewed in conjunction with affected construction activities of the project for an extension of contract time. 1021 ~ WEST SAMPLE ROAD SUtTE 207 CORAL SPRINGS. FLORIDA 33065 954-753 -7252 FAX: 954-341-7116 Mr. Michael Trader Request for Change Order No. Forty Four (44) Utilities Administration Building Project No: VVTRO89 CTA FILE NO: 9812-18 March 20, 2000 Page 2. Kindly prepare a change order for this work at your eadiest opportunity to avoid further delays to completion of the project. Thank you for your kind assistance and cooperation. Very truly yours, CORA~C. Enclosures CC: Mr. Mark Law Ms. Diane Goodman boyntonuL2760200, BLDG RCO 44 MODIFY FIRE ALARM SYET~4 RCO ~44 Mon Mar 20 01:04:29 Pm 2000 PAGE: 2 16 Electrical 16.8 Special Systems BB L~f BLDG RC~ 44 MODIFY FIRE ALARM SYSTEM RCO ~44 Mort Mar 20 01;04:29 Pm 2000 PA~E: 3 ~<.~'~ ~ 0 322 0 1617 1939 1939 0 0.00% 0.00% Cam[ -Tecl~ Assoc~tes, Inc. 10211 W. ,~mple Rd. Suite t~07 Coral Sl~ings FL 33065- (954) ?,53-7~52 E- ~' 954 341-7116 Change Order No. 2~ ,~ 1~0 5. ~est BNd. ~ C~ of Boston ~h ~ Requested City. Comm/ssion Meet~n~ Dates [] July 18, 2000 [] August I. 2000 [] August 15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5.00 p.m.) July t9, 2000 (5:00 p.m.) August 2, 2000 5:00 p.m.) August 16,2000 (5:0( p.rc.~ Requested City Commission Meetme Dates September I9. 2000 October 4, 2000 [] October 17. 2000 November 8, 2000 IV-CONSENT AGENDA ITEM J Date Final Form Must be Turned in to Citw Clerk's Office September 7. 2000 (5:00 p.m.J September 20. 2000 (5:00 p.m,) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.nz) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncemem [] Presentation RECOMaMENDATION: We recommend that $15_848.07 be refunded to The Edward J. DeBartolo Corp.. Atto: Mr. Da,renport, 7620 Market St.. Youngstown, OH 44512 EXPLANATION: See attached memorandum 00-248 PRO GRA~M IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: - ~ - ' 'City-Manager's Signature Departm~ of'Dex~elopment D~rector uilding Code Administrator City Attorney Finance / Human Resources \C'~lN\SHRDATA\Development~Building-6870\DocumentsLMisc~Agenda Item * Refund of Mall Money doc · ,~ · ~ DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORAANDUM NO. 00-248 TO: Kurt Bressner, City Manager THRU: Quintus Greene, Director of Developmem FROM:, ~ .Michael E. Haag, Building Code AdministraiO~: DATE: August 24. 2000 SUBJECT: BOYNTON BEACIt MALL - RELEASE OFCAP'AL FACILITIES FEES On March 10, 1988, then City Manager Peter L. Cheney wrote a letter to Edward J. DeBartolo & Assoc. Compar~y, gtating that he agreed that they owed $91,592 50 for the remainder of the Capital Facilities Charges that covered the first five department stores and the center section of the Mall (letter attached). On April 8. 1988 DeBartolo sent the City Manager's office a check in the amount of $91,592.50. They stated in their letter that they wished to apply the balance of the Capital Facilities Charges toward the total Capital Facilities Charges for the Sears store now and to pay the Macy's third floor Capital Facilities Charges at the time they applied for their third floor building permit (letter attached). On April 14, 1988, Mr. Cheney sent a memo to then Building Official Bud Howell asking him to review the April 8th letter and if he agreed with the information contained therein, Mr. Cheney would sign a copy of the letter from DeBartolo (copy of memo attached). A memo was sent by Mr. Howell to Mr. Cheney on April 19th stating that he was in agreement with the charges as stated (copy of memo attached). On April 27, 1988, the Building Department received the check for $91.592.50 from DeBartolo. A portion of this money ($67,819.20) was placed in the capital facilities account for water and sewer charges for Macy's Department Store. The balance, $23.773.30, was deposited in accounl 401-000-220-01-00 to be used for capital facility charges for Sears when that store was built. Sears did not build a new store because they went into the space that the Jordan Marsh store formerly occupied. On September 26, 1995, the Sears Automotive Service Center was permitted and a portion of the $23,773.30 was used for sewer and water capital facilities fees for this facility. A copy of the permit (95-0753) is attached showing the sewer and water amounts used ($7,925.23). Therefore, $15,848.07 remains in this account. ~ilding Division Memo No. 00;248 to~ Ku2rt~Bressner : BOYNTON BEACH MALL ~ ~LEksE OF CAPITAL FACILITIES FEES August 24, 2000 Page Two On August 7, 2000, we received a request for release of this money to the DeBartolo Corp. from Asset Management Consultants. They are calling it a Release of Bond; however, according to our records, this was not bond money but, rather, money to be used for capttal fac~littes charges when the Sears store was built. It is my understanding that Pete Mazzella, Assistant to the Director of Utilities, does not believe we should refund this money because he says the entire capital facilities charges for the Mall were based on retail space, which was .40 per sq. ft. Restaurants and the Food Court, he says, were also assessed at this retail rate rather than at the much higher Restaurant rare. therefore, he does not think we should refund any capital facilities fees. We believe that since this money was actually accepted by the City and agreed to be used for the Sears capital facilities charges, Mr. Mazzella's concerns do nor apply to this money. We therefore recommend that the balance of this money, $15,848.07. be returned to the DeBartolo Corp. MEH:bg Attachments XC: John Guidry, Utilities Director. w attachments Peter Mazzella, Assistant to the Utilities Director, w/attachments Diane Reese, Finance Director, w/attachments Mary Munro, Budget Coordinator, w/attachments J:XSHRDATA\Development~3uilding-6870\DocumentshMemo$ in WordXMALL-CAP1TAL FACILITIES MONEY.doc CITY of BOYNTON BEACH ~ !20 E. BoyntQn o. Box 310 Beach Blvd. Florida 33425-0310 (305)734-8111 Mr. Peter C. Pusnik Engiaeering ProjeCt Coordinator Edward J. DeBartolo & Assoc. Company 7655 Market Street P. O. Box 3287 Youngstown, Ohio 44512-6085 RE: Room ~601 Macy's Boynton Beach Mall Capital Facilities Charges Dear Mr. Pusnik: ! concur with the calculations of Capital Facilities Charges outlined in your December 22, 1987, letter. I a~ree that you now owe SDt, 5D2.50 fora the remainder of the Capital Facilities Char~es that Co~,e~ th~ firs~ fiv~ ~ep~rtme~% s~:o,~'e~ ~d~ the center sec%ioa: (~e~o~.- m~ll It is understood that Capital Facilities Charges for the sixth department store (Sears) will be calculated when the size of that store is determined. PLC:jc cc: Bud Howell, Building Jo.hn Sincerely, // d ~ " ,, '-~. Peter L. Chaney City Manager Official ~uidry, Direc=or of Utilities Mr. Peter Cheney City Manager City ~f'Bo~nton Beach 120 N.E. Second Avenue Boynton Beach, FL 33435 Dear Mr. Cheney: RE: Room #601 Macy's BOYNTON BEACH MALL (Capital :acilities Charges) Enclosed is our Check #75065 in the amoun: of $91,592.50 which pays the balance of the project's Ca~it~i Facilitie~ 6har~esai¢on(irmed i, your March lO, lgB~ letter. Macy's will construct only two (2) of their three (3) floors initially with no immediate plans for the third floor. It is our desireto appt~ the balance of the Capital Facilities Charget toward the total Caoi~at Facilities Charge~ for th~Se~r~ store ~nowand co pay the Macy's third floor Capital Facilities Charges a~ the time they apply for their third floor building permit. The Macy's third floor Capital Facilities Charges will be based on S.40 sq. ft. Any pending increases require 90-day notice from your office per Item 8 in my April 2, 1984 agreement letter giviqg us the opportunity to pay off the balance at the agreed rate. The formula for calculating :he Sears Capital Facilities Charges is still ~o be worked ouc. - ~r. Pete~ Chene~ City of Boon'ton Beach Room ~601 Mac~ rS Boynton Beach ~ll (Capital Facilities Charges} April 8, 1988 Page 2 Following~are Capital Facilties Charges figures't~ back-up where we are now and .~ne dlrect~on we d l~ke to go. Gross Leasab~eArea Per Project DRI Total Capital Facilities Charges For Project Capital. Facilities Charges' Sq. Ft. Total Caoit~l Facilities Charges Paid To Date Balance Capital Facilities Charges Due Per Agreement 1,108,000 sq. ft. $443,532.50 $ .40 sq. ft. $351,940.00 $ 91,~92.'5Q Macy's Gross Floor Area Macy's Floor Area (lst and 2nd Floor) ,acy s 3rd Floor Capital =acilities Charges To Be Applied to Macy' 169,548 sq. ft. x $.¢0 sq. ft. : $67,8t9.20 222,662 sq. ft. 161~548 sq. ft. 53~114 ~sq. ft. 53,114 sq. ft. x $.40 sq. ft. : $21,245.60 ~ To be adjusted with center section leasable area per agreement. The above information and figures were discussed and found acceptable in our .=oril 6, 1988 telephone conversation. ~t your direction, I am providing a line at the bottom of this letter for your signature noting your acceptance of the above items. Please return one (1} signed complete copy tomy attention. · Mr. Peter Cheney City of Boj/nton Beach :~ Room ~601 - Macy's Boynton 8each Mall (Capital Facilities Charges) Thank you for your continued cooperation on this matter· Very truly you~g~.~. ~ PETER C. PUSNIK. Engineering Project CoordinaTor PCP/pg Enclosure CC: F. Zdrojkowski C. Culichia L. Zarlenga S. Easton R, Souire D. Curl J. Williams P. Brock ~. Frank (1) E. Howell @ City of Boyncon Beach Mo Kopczynski @ City of Boynton Beach J, SDurr @ Boynton Beach Mai1 A. McGuire @ R. H. Macy J. Gregorski @ GSGS&B File (1) Capital Facilities Charges (1) Page 3 Approved and accepted by Date TO: FROM: SUBJECT: I am B~ MEMORANDUM Grady Swarm, Finance Director Bud Howell, Building Official Peter L. Cheney, City Manager Bo%nton Beach Mall Capital Facility-( in the amount Of Peter Pusntk) is attached tO this memoran- COn- As soon as %ou do I will sign m copy of t~e letter anc~ return it t~ Peter Peter L. Cheney City Manager PLC:lat Attachment MEMORANDUM °~ ~ Peter L. Chen~y City Manager ~d~ar E. Howell Building Official BOYNTON BEACH MALL CAPITAL FACILiT CHARGES Yov-~ memo of 4-14-88 have reviewed Peter Pusnik 'e letter ~nd~ am in_~.a~re~men~. ~i th the ehar~es . ~lZ plac~ in o~ reoor~ that 8~.~0 t~ds ~ ~;~c~ t~ f~ be o~z~x~ and thet ~ t,,,'/ZZ /t.m~e $21~B46.~0 ~ should Mac~'~ eonstruet the 65~ 114 square~h~rd I~oor. ~ : Med Kopoz~ki Building Offioi~ A1 Newbold The Edward ~. DeEr ':103'1241 ~ - Sewer & Water Corporation STATEMENT OF -i$91,592.50 $9t,5~.50. -' CITY OF BOYNTON BEACH No_ DEPARTMENT~ -- -,...---~ -- DOLLARS FOR - WARNING TO OWNER: "Y0iJ~, FAILORE -TO.RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAY1NG TWICE FOR IMPROVEMENTS '[0 ~Y~.LI.R PROPERTY. IF YOU INTEND TO 06q'AIN RNANCI~, ~ 'SULT ~ YOUR LENDER OR 'AN ATi'ORNEY BEFORE --,~._ ~I~N~ ~UR NOTICE OF COMMENCEMENT." ~N ADD NOTICE I;i~.~;,T..~..~?._~ ::_..:_,_5.~5.~[, ~ I-UUND IN ~HE PUBLIC RECORDS OF THIS COUNTY AND THERE MAY J~7~C.~I~&E.Q~R~)DE~LMA~F.~E~iTIERNMENTAL ENTreES SUCH AS WATER MANN~EMENT ermit Type: 3UiLD lNG' PERMIT CITY OF BOYNTON BEACH BUILDING DIVISION Date Al~lied: Prerared By: Date Issued: Permit No.: CORIE 9/26/95 9500000753 ;3.9, 4,5 19 05 Plat~Book~Page :ro~erty Address S0i N CONGRESS SubdMsion Name AVE ~3di~'onat Oe~,ip[;u,1 C~struction OC .c~J. pancy ~che~e of Fees BFE FFE FLZ Valuation 98,4 Con~o~Name/Addm~/Ucen~/~pho~ EM3REE CONSTRUCTION GROUP, 805C AIRPORT ROAD GEORGETOWN General/Architect/Engineer Improvements uMM~R~ ~A~ B~DiNG THIS PERMIT FEE IS NOT REFUNDABLE 5LA~ET FEE 15,758,2~ PAiD i.ROO,OO DATE- 9/26/9~ RECEIPT~- 77-i ~==~-~,~ SEWER CREDIT ~ I.,4%0,88 TYPE- WATER CREDIT 6,%8%,35 ~,~- ~ waTER ' / ~/A~dRIZED SIGNATURE iNC RIGHT SLDE POI{ OFFICE USE ONLY} Application I,~ · Masre~ Plan APPLICATION DATE: ~c~ ~Y% FRO~ ~{EA SQUARE PEET ~©t~k ~:~ ~"'~ FLOOD ZONE EINISM EL~R ,ELEVATION: ~ -~ ,, ~ OF ~ITS ROAD IMPACT FEE SEWER FEE WATER FEE PARKS FEE SCHOOL FEE PUBLIC BLDG. FEE LAW F~FORCEMENT FEE '~ ~'~'------ ~ON ~E ~Z.~ BCAIF ADDITIONAL PEE pENALTY FEE -' SUB-TOTAL SINGLE FEE Site Impr. ___Building Electrical =~ Mechanical ~ -' Plumbing ~ ~, Roofing Drainage Excavation ~ Landscapzng Paving Sign Sewer VALUATION FEE SUB-TOTAL TOTAL LESS PLAN FILING FEE REQUIPdg{ENTS FOR CERTIFICATE OF OCCUPANCY__ CERTIFICATE OF COMPLETION__ SITE FINAL SIGN FINAL FIRE FINAL OTHER PAVING FiNk OTHER DRAINAGE FINIAL FENCE/BUFFER WALL FINAL SITE LIGHTING FINAL ..~x~.c. AOT~ORIZATION " Sign/tur~J TOTAL AMOUNT DUB RECEIPT NUMBER DATE PERMIT ISSLr~D INTERIM SENVICES FEE CALCULATIONS Residential: X # of units applicable Interim monthly fee Services ~e Co~ercial:divided by 1,000 ~ of sq.ft. (rounded to base ~q. mearest tenth) ft. race X base sq.ft, applicable Interim rate monthly fee Services L~: ~hut,~dav. Ammst 03. ZOO0 Attn: M~ [}hue P~me D~pt: {:inane* Fax: (361) 375-60q0 l~ar Ms Oiaue Reeve Wc bcficvc all r~ccssa~ work, permits, stabili/.aficm, ~1¢..., have twen completed on the proJeCt Imow. in your filc~ am: File: DeBARTOLO Account Pw~.~.-t D~: MACY'g Bond Date:4~g/88 Pm~ ~d: Bond ~ ~w~o~ thg ca~ please forward a list ~a~ n~f~nS ~ nm =~d i~ ~ us fur mu~mion. t~ P~ ~ ~ ~ ~ld ~ ~)Y'FON BEACH, FL n ~ a~u~ ot$23 7~3 ~ p{~ ~l~b~ i~e~t to: ' ' Deba~ Ed~d J C~p Mr. ~ 7~0 Ma~ SL Y~t~ ~$12 I'~ ~'~s~ tb~ ~u~ for any ~l~l ~S Md ~ ynu f~ ~is d~e~ ~h ~ic~ ot' a~ a~tt~ c~r~t~ It is ~r ~a to ~ a I ~s ~ to t~ d~e{~. Pl~se inf~ Asset Mnnanement Consalt~p~t Requested City Comm/gsion Meefin~ Dates [] Suly 18, 2000 [] August 1. 2000 [] August 15, 2000 [] September 6. 2000 IV-CONSENT AGENDA ITEM K CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00p.rm) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Meetine Dates [] September 19, 2000 [] October 4. 2000 [] October 17, 2000 [] NovemberS, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UIffinishedBusiness [] Announcement [] Presentation RECOMMENDATION: Authorize the City Manager to negotiate a contract with Wallace Roberts & Todd LLC to provide masterplan revisions, construction docUments, permitting, and construction administrative services for Boat Club Park. EXPLANATION: The City cuimntiy has an Interlocal Agreement with Palm Beach County to thnher develop Boat Club Park. Wallace Roberts & Todd LLC has done prewona pl~nnirtg on both Intracoastat Park site and Boat Club Park in 1991 and in i997. Site irrgorovements to the Park now include 75 additional boat trailer parking spaces, improved ramping and docking facil/ties, repaks to the seawall, etc. Originalplans called for the provision of 50 additional boat trailer parking spaces. Changes to the Intracoastal Park concept plan required all 75 spaces needed by the County to be located at Boat Club Park. PROGRAM IMPACT: The addition of 75 boat trailer spaces at Boat Club Park will significantly improve service to the boating public. Weekend boat ~'ailer parking on US 1 should be significantly reduced or elimthated. FISCAL IMPACT: The City/County Interlocal Agreement calls for a grant reimbursemem of $900,000 by Palm Beach County consultant fees will be covered by this agreement. AI,TERNATIVES: Prepare a new RFP allowing other firms to submit proposals for this work. This will take considerable time and could put our grant from Palm Beach County in jeopardy. Department Name City Attorney / Finance / Human Resources S :kBULLETIN~ORM S~AGENDA iTEM REQUEST FORM.DOC Planning & Design August 22. 2000 Philade Dm~ Coral GabJes Dallas Lake Piac~d John Witdner~ Parks Superintendent City of Boynton Beach 100 East Boyn'ton Beach Boulevard Boynton Beach, FL 33426 Re: Construction Documents for Boat Club Park Dear Mr. Wildner: Wallace Roberts & Todd. LLC (WRT) is pleased to present this proposal to provide Construction Do6uments. Permitting, and Construction Administration Services for Boat Club Park. Joining WRT in providing these master planning and design services wilt be: · SunTech Engineering - Civil and Environmental Engineering · Sea Systems Corporation - Marina Design · IDS - Irrigation Design Service · Gartek Engmeehng - Mechanical, Electrical and Plumbing Engineering · CRA - Cl~ke. Inc. - Structural Engineering PROPOSED DESIGN AND CONSTRUCTION FEES The WRT team proposes to complete full professional services for design, preparation of construction documents, and construction administration services for the site and architectural improvements identified in the final Master Plan for Boat Club Park as listed below. Permitting and survey services will be considered an additional service and will be billable and payable in accordance with the attached rate schedule. Phase I. Upland Areas for a fixed fee of $63.400. Phase Il. Marine Areas for a fixed fee of $22.500. PROPOSED' MARINE AND UPLAND PERMITTING FEES The WRT team proposes to complete upland area, dock. and miscellaneous marine area permitting services for a fixed fee as follows: Wallace Roberts & Todd, LLC 191 Giralda Avenua. Penthouse Coral Gables, FL 333.34 305.448.0788 www. wrraes~gn.com fax 305.443.8431 1) Phase I. Upland Areas for a fixed fee of $10.000. Phase II. Marine Areas for a fixed fee of $ 9,000. PROPOSED MARINE SURVEYING FEES Based on our discussions and earlier comments by permitting agencies, we understand that the following survey information will be necessary to complete the marine design of Boat Club Park and obtain permitting agency approvals. They are as follows: 1) MI-BY Survey $2.500 2) Seagrass Survey $2.500 3) Hydrographics $7.500 4) Water Quality Testing $4.000 5) Legal Descriptions for State Lands Authorization Update Marine Portion of Marine Topographic Survey 6) $1.500 $2,000 Total $20,000 Additional information and surveying that may be required by permitting agencies wilt be billed as an additional service. If this proposal meets with your approval, please contact me regarding the necessary procedure to establish a formal contractual agreement. If modification of this proposal would better suit your needs, please contact me. Regards. ~erald c. Marston. ASLA Principal .Principal Waliace Roberts & Todd, LLC Hourly Rate Schedule 2000 $ 170-200/h~. Associate $115-14-5/hr. Professional Staff $ 65z85&r, Technical Staff $ 50-65&r. Clerical Staff Principal Professional Staff Sun Tech Engineering Houri,, Rate Schedule 2000 $ 40-50/hr. $ lO0/hr. $85-95/hr. Technical Staff $ 60/hL Clerical Staff $ 30/1.. Requested City Commission Meetm~ Dates [] July 15.2000 [] August t. 2000 [] August 15.2000 [] September 6. 2000 V-CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City C!erk'$ Office July 6. 2000 (5:00 P-mO July 19. 2000 (5:00 p.md August 2. 2000 (5:00 p.m.~ August 16. 2000 (5:00 p.rrc t Reauested Ci.ty Commission [] September 19, 2000 [] Octobe? 4, 2000 [] October 17. 2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5.2000 tS:00 u.m.I October l 8, 2000 (5:00 p.m.~ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends that the City Commission adopt the resolution authorizing renewal of group insurance coverages ;vith Blue CrosslBlue Shield of Florida-Health Options for health insurance. Metlife for dental insurance and Cigna for group life and group long term disability insurances. EXPLANATION: Scheduled for the City Commission meeting of August 15. 2000 is a proposed renexval of the health insurance package for city. empioyees. Attached please f'md a sunmaary sheet which details the proposed renewal and plan modifications. Currently the package is being discUSsed with representatives of the city's bargaining umts with a vtexv towards having this rna'ncr finalized for the City. Conmmssion meeting of August 15. 2000. PROGRAM IMPACT: FISCAL IMPACT: 19% increase in health insurance premiums paid by the city for employees. ALTERNATIVES: Further adjust benefits for employees. Department Head's Signature Department Name City Attorney / Finance z Human Resources S:\BULLETIN~FORMSLAGENDA ITEM REC UEST FORM.DOC To continue tlie present program ~as is' and disregard triple option HMO and High-Option ($100 deductible, 90% (23% increase) ~ : S Total Premium (Including employee share) A. Cost in % and $$ for renewal as is 23% $3,846;291 $2,439,744 B. B. Cos[in%and $$ for triple optJon 19% Numbers based onassumed enrollments $2,360,406 $ 3,807,685 C. C. Cost of current program $1 983~549 $3,~127 073 D. D. Cost of.each % point of increase · 19% $2,360 406 20% $2,38~ 010 $23,604 · 21% $2,407 208 $23,604 ~, 22% $2,431~.18 $23~604 23% $2,454,822 $23,604 NOTE: The City's cost for Health, Dental, Life and LTD taken together is a 19.5% increase. Dental + 2.8% $5,572 Life - 4.3% ($2,024) LTD - 4.5% ($4,522) RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTH()RIZING RENEWAL OF GROUP iNSURANCE COVERAGES WITH BLUE CROSS/BLUE SHIELD OF FLORIDA-HEALTH OPTIONS FOR HEALTH ~INSURANCE, METLI,FE FOR DENTAL INSURANCE AND CIGNA FOR GROUP LIFE AND GROUP LONG- TERM DISABILITY INSURANCES: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Rorida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of this City to authorize the renewal of group insurance coverages with Blue Cross/Blue Shield of Florida-Health Options for Health Insurance, Metlife for Dental Insurance and CIGNA for Group Life and Group Long-Term Disability Insurances: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach. Florida does hereby authorize the renewal of group insurance coverages with Blue Cross/Blue Shield of Florida-Health Options for Health insurance, Metlife for Dental Insurance and CIGNA for group life and group Long-Term Disability Insurances. Section 2. That this Resolution shaJt become effective immediately upon passage. PASSED AND ADOPTED this day of August. 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vic~eMaY~r Corem ss oner At-i'EST: Commissioner City Clerk (Corporate Seat) Health Insurance Plans Offered HEALTH INSURANCE RENEWAL- 2000-200i The City offers each full-time employee a choice between two health insurance plans from BlueCross/Blue Shield of~FlOYida. Regard ess of whether th~ employee Selects the health maintenanc~ ~rganization plan (HMO) or the preferred Provider option plan (PPO), the City pays the full premium for the.employee and the.employee pays the full premium for any dependents. Background impacted the health insurance covered and the length of time with ~ on our own claims expenance in the HMO has increased from less ;nmllment. increases '~ on premiums, we with corresponding premium the PPO greater Current Status Proposed Changer or 2000-2001 What is a Triple Option Plan? We believe we must now consider how to adjust the premium inequity and have the rates more aCCUmielY reflect the ac~al usage. Mindful of the impact any changes to our present method of health care coverage would have on empl~,ees, we challenged our consultants to help us find,~vays that Would c~j~e: ~e east disruptio~ and still afford employees a range of options Sat would:best suit their needs. The result of many discussiOns, research and meetings is a tdple option plan. The triple option plan pmvidee for the current HMO with some enhancements and two PPO plans. slightlyThe PPOio~planSbenefits.in(dude the PPO we now have and a second PPO that offers If they chose to remain in the present plan, employees will have to contribute toward the cost of their own coverage, which they now do not do. in addition to increases in dependent coverage, above what HMO and the new mid,option PPO enrollees will pay If they elect the alternative mid-option PPO, their own premium will continue to be paid n full by the City while the cost of dependent coverage will still be the same as the HMO enrollees pay. The difference in the two PPO plans lies in the level of coverage in two key areas. Alternate Levels of Coverage BENEFIT insurance CURRENT PPO PLAN PROPOSED PLAN eXpellees HMO Benefit' Duration of Triple Option New this Blue Cross/Blue PPO two years, At the plan and a single ~._ HEALTH INSURANCE 2000-2001 To Our Valued Employees: For many years, the City has offered each fu -time employee a choice between two h,e. alth insuranc~ plans fro~ Blue Cross/Blume Shied of F odda. Blue Cross has been the Ci insurance providerfor m~'than tWEnty years' ty s hea~th With the two plans, regardless of wh ~ether you selected the health maintenance or ' plan (HMO? o.r~the Pr .eferre~_p?ovider~opt, ~ on p an (PPO), the Ci~,,,, ~"ai'~,~ ..~'~',u,, .... premgan~'atJ°num for o coverage aha you pa~d th°full Premium for any dependents, y ur We are now faced with the third consecut ye year requiring a significant premium in based on our plan exPerienCe t com~,s at ,~, o,,,~.~.~ · .......... _ .. crease .~.,~o;., .....;....,~.__ -~. · .... .~,~, ~,,oF Lu anyone ~nat nealtn care c m~ =m ;'~.'~'~o,,~=v~,z--~,~. ~nenewsp ersandoth : · · o___... nsing cost of prescriptiOn d~ns h;,~al~i:,- 4-.~;-- __er~m,edl.a .have stones every day about the many hosp,ta s; ,nsurance pl~s and ~nedical prac~c~;,y , not to ment,on the fa, ures of We have spent a great deal of time considenng how to address the issue of this spiraling cost. We believe we have foun,,d a:way to maintain a choice of quality health ~nsurance plans and begin to ~get a handle on health plan premium increases. We am confident that by work ng together, we can begin to slow these premium rncreases while maintaining quaJity health care for alt. Arthur L. Lee Director, Human Resources 7/08/00 Why do we need two PPO's? In analyzing the experience (usage) of our plans significant increase in will help offset the r plan What's the difference between a high-option plan and a mid-option plan? beso E What are other cities doing? As you might imagine, other cities have a one plan: every0ne has to be n the same ( $300 with vanous out-of-pocket totals up to $2000. Have the un OhS been updated on this information? Yes. Union representatives were involved in explanatory meetings. Why didn't we go out to bid with other companies? We have enjoyed great stability with Blue Cross and for many years have had excellent customer service and few employee complaints, In addition, because of their size and market share, Blue Cross PPO/Health Options offers a higher negotiated fee discount with physicians, hosl~itals and other medical care providers than other cardem. Fewer or lower discounts would mean higher premiums since our premiums are based on our own claims experience. A detailed survey of other government entities shows that the value of our plan is very favorable in comparison with the others. Recognizing the value of what Blue Cross provides us and considering the experiences of other agencies that have changed health plans frequently, we decided not to go to bid. What does actual experience mean? The premiums for the plans are based on Boynton Beach employees (and dependents) use of the plans, When an o~ganizat on has a argo number of emp oyees and has ~ , been w'th a ' · ~ is calculated based on ~ho* .....;.,~ _~ , -- carnet oth-r -~ ....... .,X, ~,uup ~ ~,u~ual usage uur results = ~.~uus, coun[tas, pdvate companies, local or r~ationwide I heard that we have blended rates? What does that mean? From the time Blue Cross/Blue St blended rate was used re~,ardle,,* -- ......... t and that v ~ ~ u, wnlcn plan was selected This b ended r de eloped so that pecnle cou '~ "'- ..... ,._ ~,_ ._. ~ - ate was odginal V pfirnary ,- ,, ,~.v~ ~.~ p~an [nat was Dost for their needs without co~t bei a factor. How dO the two PPO plans being offered compare? They have the same out-of-pocket maximum, use the Same network of physicians, and have the same~p["escrfption program. The d~erenceS .~re in theannua deductible and the co-insurance percentage. ~ ~~O~.tion PPO _ : Maximum I ~, oncover~ ~ Prescript------'--ions ~ucao~e. after deductible. ~ ....... 70% reimbursed, no formulary 70% reimbursea, no fo~ Calendar Year Deductible ~ra~ce list $300 per family Deductible amounts satisfied for datesof service in the.last calendar quarter of the year will also count toward the next calendar year's deductible. 90% in PPO network 70% out of network list $300 per person $900 per family Deductible amounts satisfied for dates of service in the las~ calendarquarter of the year will also count toward the next calendar year's deductible. 80% in PPO network 70% out of network Are there any changes in the HMO? The HMO will now have a mail-order prescription drug benefit ana physical therapy is extended from 60 calendar days to 60 visits per condition. Benefits Highlights of the HMO: Pdmary Physician co-pay $5.00 Specialist co-pay $5.00 Prescription co-pay $5.00/genedc; $10.00/name 9rand (paid at pharmacy) Annual adult physical coverea No referrals required for OB/Gyn, Chiropractor, Podistdst or 1'' 5 visits to Dermatologist W II we continue with three options from now on? The ~nsurance company.~as agreed to provide three options for two ~years. Because of the unpredict~biiityof th~h~lth ~e n~rket~, we Cannon,say with~cerfa d~ at-thl~ time' ~hat W~[ happen:at tt~..e ~nd'O~ th~y~ar P~)d~ M~m~han iik~y; affer:tWo:?~e~r~,~e:c~'(~i~ ~u d be between th~ HMO ai~d~'th~ r~[~l~l~C~h :~P~,' ..... The City has always paid my personal premium. Is that changing? Th{ Single 16Zg94 193.13 Why iS the premium for the mid-option PPO.the same as for the HMO? To encourage employees who prefer a PPO type plan to consider and accept the mid- option/more cost-~ffeCtive plan. When do I have to decide which plan is for me? Each year during an Open Enrollment pedod you have the option of selecting between the plans offered. This year's Open Ehr° ment wi be Maybe next year will be better. Why don't we just wait and see? Hopefu!ly it will be. Maybe people won't be a sick or have as many accidents. However. it has been three years since we had a year where the usage was down enough to see a decrease in the premiums. Since it isn't likely, we must be realistic and consider what cost containment features will help hot(~ the costs down for everYone as much as Dossible over the long term. ,? HMO 1 ~ ASSUMED BLENDED Employee Only ~ 1011199 Employee/Spouse 308 $ 0 21 EmployeelChild(ren) $105.77 Family 51 $ 91,22 85 $138.60 PPO 10 PPO ASSUMED BLENDED Employee Only ~ .1. 01tl99 Employee/Spouse 113 $ 0 21 EmployeelChild(ren) $105,77 Family 10 $ 91.22 45 $138.60 HMO 1 BLENDED ~O~mo $ o $130.09 $1122O $170,48 OPTION HMO 1 BLENDED _1Wtl00 $ o $119,39 $102,03 $155,03 PPO 10 PPO 32 BLENDED BLENDED lO/1/oo _~011/oo $ o $~ o $130.09 $119.39 $11220 $ t02.03 $170,48 $155.03 Bi-Weekly TRIPLE OPTION HMO t BLENDED ~O/llOp $ 0 $125.86 $108,55 $164.94 PPO 32 BLENDED J011100 $ o $125.86 $108.55 $164.94 ~. . 113 $ 0 '-" '-' , ~.0 ' 0 ' , '105. V y mumlolren) 10 I -_' $ u.uu ] $205.31 J $15015 ANNUAL~ED EMPLOYER COST I I ~::'-~1 I~~l~ ~1,983,~49 .Underwritinq assumptiofls. 1. HMO and POS 32 will be non-contr bulory. Add I ona cost of POS 10 w I be paid by employee. 2, Plan will revert to no more than lw0 pith dptibns wilh r~ no more tha 3. Assumes ½ the PPOenrJo ................. ment wi t~.~, ~,~.o '",~z ....... · . n iwo renewal cycles. ........ aha y~ [ne POS 10, HMO Employee Only Employee/Spouse Annualized HMO Premium ASSUMED ENROLLMENT 308 21 85 .PPO Employee Only Employee/Spouse EmployeelChlld(ren) Family Annualized PPO Premium PPO Employee Only Employee/Spouse EmployeelChlld(ren) Family Annualized PPO Premium ASSUMED ENROLLMENT 113 21 10 45 ASSUMED ENROLLMENT 113 21 10 45 ¥ DUAL OPTION HMO 1 BLENDED 1011199 $213.01 $513,31 $1,673,606 PPO 16 BLENDED !o/11o $213,01 $442.17 $410.65 $513.31 $726,734 PPO tO BLENDED 1011199 $213.01 $442,17 $410.65 $513.31 $726,734 ly DUAL OPTION HMO 1 BLENDED $262.00 $631.37 $2,058,528 PPo 10 BLENDED 101~1100 $262,00 $543,88 $~05,10 $631,37 $893,882 PPO 10 BLENDED !o/,1,fpq $262.00 $543.88 $505.10 $631.37 $893,882 Monthly T~PLE OPTION HMO1 BLENDED $ii~871,927 PPO 32 B~ENDED $238.25 $494.57 $~459,31 $574.14 $812,848 ~PO 10 AOTUAL SPLIT 1011100 $329,06 $683,08 $634.38 $792.97 $1~122.671 ~I'R~LE OPTI~O~ BLENDED 100 $610.84 $1,991,582 PPO 32 BLENDED 101tl00 $253.48 $526.18 $48867 $610.84 $864,810 1011100 $278.83 $578.80 $537.54 $671.92 $951,293 ~NNUALIZED TOTAL PREMIUM /o OF CURRENT PREMIUM $3;'127,073 # $3;807,S46 121.8% .CITY OF BOYNTON BEACH Revised Negotiated 1011100 Renewal Offers Revised Employer's Premium Cost As Of Tuesday, May 30-~- Negotiated Group 1011100 Benefit Current Renewal Dollar Percentage ,Plan Premiums_ . Offers ~ Chanqe Medical $1,983,549 $2,439,744 $456,195 23.0% Dental $ 199,014 $ 204,586 $ 5,572 2.8% Life $ 46,552 $ 44,528 ($ 2,024) (4.3%) LTD ~ ~ ~ ('4.5%) Total $2,328,593 $2,783,814 $455,221 19.5% Note: Employer's cost based on only the benefits for 776 employees paid by The City. Retirees, COBRA continuants, and dependents are not included. Note: All premiums based on the average monthly enrollment for the twelve month experience pedod of 411199 thru 3/31/00. Note: All revised renewal rates and/or premiums as of 5:00 p.m., Tuesday, May 30~. Requested City Commission Meeting Dates [] July 18, 2000 [] August 1. 2000 [] August 15,2000 [] September 6. 2000 V-CITY MANAGER'S REPORT ITEM B CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m3 July 19, 2000 5:00 p.m.) August 2. 2000 r5:OOp.m.) August 16,200((5:00p.ro~) Requested City Commission Meeting Dates [] September 19, 2000 [] October 4. 2000 [] October I7, 2000 [] November g, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 '5:00 p.m./ September 20. 2000 5:00 p.m.) October 5. 2000 (5:00 p.m.) Octobe~ 18, 2000 tS:00 p.m. NATURE OF AGENDA ITEM [] Adminis~ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize the Mayor to execute the lnterlocal Agreement with Palm Beach County and the School District to commence the School Concurrency Process. EXPLANATION: The School District of Palm Beach County has requested that each municipality in Palm Beach County execute an interlecal agreement between the District, County and the Municipalities to commence the School Concurrency Program. The Concurrency Program ~s a program to develop and coordinate a capital development plan for new schools and improvements to existing schools with a goal of reducing over-crowding and improving overal~ levels of services. Under the program, each local government {municipal and County) must 2rovide the School District with projections for development and re-development which the School District will consider in developing its annual update to the District's Five-year Capital Faclity Plan. This will help the Districl plan for new facilities ano adjust enrollment areas as needed to reouce over-crowding. PROGRAM IMPACT: The program will not impact any ongoing City program or activity and may enhance facility use and development between the City and the District. FISCAL IMPACT: Approximately $3,500 a year m staff time to prepare and distribute necessary development txend reports to District. ALTERNATIVES: Department Head's Signature Deparmaent Name City Manager's Signature City Attorney / Finance / Human Resources S:\BULLETrN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION ROO- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AUTHORiZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BE'FVVEEN PALM BEACH COUNTY, THE MUNICIPALITIES OF PALM BEACH COUNTY AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY TO ESTABLISH PUBLIC SCHOOL CONCURRENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the SChool District of Palm Beach County has requested that each municipality in the County execute an Interlocal Agreement to commence the Public School Concurrency Program; and WHEREAS, the City Commission of the City of Boynton Beach. Florida, has deemed it to be in the best interests of the citizens and residents of the City to enter into said Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 This Commiss~on does hereby authorize and direct the Mayor and City Clerk to execute an Intedocal Agreement between Palm Beach County, the Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency. A copy of the Intedocal Agreement is attached hereto as Exhibit "A", and made a part hereof. Section 2 That this Resolution shall become effective immediately upon passage. PASSEDAND ADOPTED this · day or-September, 2000. CITY OF BO~TON BEAC. H,~:FLORIDA Mayor Mayor P. ro Tem. Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) School Concurrency Fact Sheet EXECUTIVE SUMMARY Since 1998 the School District has been working with Palm Beach County and the Municipalities of Palm Beach County to develop an Interlocal Agreement that wou d provide for a coor~iinated planning effort b~twe~n the agencies, to ensure that the p aris for the construction and opening, of public educational faci te~ are coordinated in time and pace with plans for growth in new students from both existing Communities and new residential ~evelopment. The es a process for a public ards By entering into the Interlocal Agreement, the School District is agreeing to: prepare, implement and annually update a financially feasible. Fve :Year Capital Facilities Plan c0ritai~ing enough capacity each year to meet projected g~'0wth.in demand for student stat ohs.so as not't0 e~(cee8 the adopte~ level of service for each year; (p 14) institute program and/or boundary adjustments as necessary to max~m ze ut zat on of capadity; pr(~v'ide t~e County and municipalities wth requ red ~i~ta and analysis to support their comprehensive plans and amendments relating to school c0ncurrency; (p. 13) > adopt a 10 and 20 year work program consistent with the requirements of this Agreement- prepare reports on enrollment and capacity; (p. 16~ ~ :~ review applications for new residential development for compliance with concurrency standards: maintain and publish data as required for the review of proposed new residential developments; review mitigation ~roposals; (p. 27~ orovide secretarial staff support for meetings of the Technical Advisory Group (TAG); p. 14) coordinate planning with the County and mun~:ipalities regarding population projections. school siting, projections of develooment and redevelopment for the coming year. infrastructure required to suppod public school facilities and amendments to future land use clan elements. (p. 45) By entenng nto the lnterlocal Agreement the County and each mun cioahty are agreeing to: aooD[ an implementing ordinance consistent with the requirements of the Agreement and their comprehensive plans; (p. 26) not ssue any site specific development orders for new residential units until the School District has reported that there is SChOOl capacity avadable to serve the development being approved consistent with the requirements of the Agreement: (p. 12) > coordinate planning with the School District regarding population projections, school siting, projections of development and redevelopmen~ for the coming year. infrastructure reauirec to support oublic school facilities: and (p. 45 ' ~ Amen ~ me Future Land Use Element and Capital Improvement Element. o. 26~ Letter of determination response to developer) of compliance issued within 15 days; if not in compliance a:9QCay n~9q!iation period is offered. (see p. 32) Development order (DO) information used for determination of concurrency I see p.26) Cer[ificates of occupa reCeiViad twi~ Per ~/ear ~'0r, a~tu~f student projections forthe ,' planRer. · Population pfpjections w II be. based qn BEE~R aT,d, muc~i:¢i~'in~rmat~on. (see · The,Agreement takes into account th,e inclusion, .of J~e~v p~[tiee to ~he agreemem thrd~h ~-L~, ,itateral P, art[c~pat~or~ Agr, ee,ment fo~m that.t~as'been,.attached in the exhi]b'its. '(se~~ p. 59) · Ate~m for, nullifidati0n of the ~greement .has. been added ii al! B~art es de not sign the'~reeihiSht n a time cert~i:n. (~ee'~ ~1) The basic plan pre, sented on Novemoer 30. 1998 has not changed, it requires the parties to 'v~0~'k fogether to plan construct, and modernize schools,when an'd where needed to accommodate exDectea.grow~n ~n new students, regard ess of when the 9rov~h occurs in existing areas or new develo:pments and to 'modernize our older schools. There is no legal requiremem for any DAF[,. ~O oarticioate. There are 26 mumcipaht~es ma~ mus~ approve the plan for this to become a reality in our county t s a local opuon and must be voluntarily entered into For More Information: 1) Specific Responslbd~ es of the PaF~les Section II-C pages 12-16 2 Capital Improvemen[ Plan Section Ill Bages 14-18 3 School District Review o¢ Residential Deve~ }Dmen[ Prooosals. Section V-F pages 27-35 Suspension of Concurrenc~ Section V-G, pages 35-37 Monitoring - Technical Advisory Grou~ Section Vi, pages 37~.2 COMPARISON OF THE BENEFITS AND CHALLENGES OF SCHOOL CONCURRENCY Allows the entire community to work together to provide permanent space for al~ of the students of Palm Beach County. Prior to the approval of a mitigation plan, the local government shall have the opportunity to review the mitigation options. Not issue a site specific Development Order until the School District has determined that there is capacity available to serve the proposed residential development. Additional staff time for coordinated review with school planning staf£ Any pa,rty to the agreement may request a School Capacity St6dy ~,t any time: Any part3- to the agreement may request a Program -Evaluation Report at any time. ,= that defines exempt properties has been clarified. The Development Review Process is understandable and greatly simplified. provide cc ncurrency determination ,v'ithin 15 working days of receipt of development ~lication based >n its CSA and adjacent CSAs' School District 3rovides permanent seats for municipalities' students by eliminating existing deficits Local governments have in put into future school siting based on land uses. Local governments may prohibit schoo~ sites where a site is inconsistent with land use categories: and may ~mpose reasonable development standards in accordance with state statutes. Annually, the School Distrmt will update its financially feasible capital [ lan to meet projected growth. Ability for municipalities to have a role in the School District's decision-making process. Elanning for nexv schools will be able to be=o in at the earliest possible point in the development process. School facilities are planned for and available at the time of the residential development' impacts. I I:\DATA\WP51 \DOC\CONCRNCY\BASICS\P R.OCON.WP D TRELA A WHITE BRADLEY W. BIGGS ATTOKNEYS AT LAW FLAGLER CENTER TOWER 505 5OUTH FLAGLEK DRIVE MEMORANDUM AREA CODE 561 TELEPHONE 659~804 ~LECOPIER 659-3375 TO: FROM: RE: MUNICIPALITIES REQUIRED TO SIGN SCHOOL CONC~CY INTEKLOCAL AGREEMENT o 'cO TT SCHOOL CONCURRENCY DOCUiMZNTS DATE: AUGUST 11. 2000 You have received a package of documents from Leo Noble relating to school concurrency. Specifically, Leo has sent you a copy of the Interlocal Agreement executed by the County and School Board. Concurrency Service ~Area Tables and a "School Concurrency Fact Sheet - Executive Summary.". You have not yet received the County's Public School Facilities Element, which you need in order to see the boundaries of the concurrency service areas and the tiered level of service numbers; the School District's Five-Year, Ten-Year and Twenty-Year Capital Facilities Plans; and the table from the Five-Year Plan that you need to include in your Capital Improvement Element. You will need the Capital Facilities Plans if you want to evaluate the school building pro,am in and around your jurisdiction. Leo Noble told me that the Capital Facilities Plan information and tiered level of service tables should be sent to you by the end ofne,,ct week. The Public School Facilities Element should follow in about another week. This memorandum will describe the concurrency program; present the schedule for adoption and implementation: identify and discuss the changes to the Interlocal Agreement since the version you saw last November; and discuss a new school size issue. A more detailed overview of the A~eement pro,nsions and the responses to the technical issues raised in my November memorandum are contained as Attachments B and C to this memo. This memorandum is organized as follows: Introduction Page 2 Concurrency Program Overview Page 3 Schedule for Adopting and Implementing School Concurrency Page 4 Status of Policy and Technical Issues From November Memo Page 6 New School Size Issue Page 7 Conclusion Page 7 Augus! 11. 2000 Page 2 Municipalities Required To Sign Interlocai Agreement Overview of Interlocal Agreement Status of Ail Technical Issues From November Memo Attachment A Attachment B Attachment C INTRODUCTION Leo Noble has done a very good job.addressing most of the concerns regarding the Interlocal Agreement that xvere rinsed in mY November 23, 1999 memorandum. The current Interlocal Agreemem is much~ better organized and much more detailed than the draf~ you saw in November. Some additional issues raised by individual municipalities since November have also been addressed. Most notably, Article IV, Section A.2. on page 19 now specifies that a local government has no obligation or responsibility for funding the School District's Capital Facilities Plan by virtue of the local government adopting the Capital Facilities Plan into its Capital Improvement Element. The Cou,nty Comrrfission and School ~oard have executed the Intertocai Agreement. The League.of'Cities Bo~ard ofDi?ectors has:end6rsed the concept of tho concurrency program contained in the Interlocal Agreement. The League Board did not take any position on the actual InterlocaLAgreement. since the League;is not ~paXty to the Interlocal Agreement. Twenty six (26) municipalities faust sign the Agreement for school concurran%~ to be implemented. If any one of the required municipalities 4ocs not s.~ ~.: the Interlocal Agreement, school concurrency can not Occur. Alist ofth~ e twenty six mtmic~p~es that must execute the Interlocal Agreement is included as A~ttachment A. Each,mUnicipal[,~i~:should make its own independent evaluation of the program prior to a~reeing tO execute~he~tmtei-tocal Agreement. By executing this Agreement, each ~municipality. is committing to do the following things: 1. Amend its comprehensive ptan.m add a Public Schools Facilities Element; and 2. Incorporate the School DistriCt's Capital Facilities Plan into its Capital Improvement Element and up~te it yearly; and If it has not already done ~s9,, ~am~nd its Intergovernmental Coordination Element to comply with the requirements ofSection 163.31177(6)(h) 1.and 2., Florida Statutes: and 4 Adopt its own school concurrency ordinance or be automatically bound by the County's implementing ordinance; and 5. Refrain from the issuance of any development orders for new residential Au=mast 11. 2000 Page 3 development until the School District repo~s that there is adequate school capacity to serve the development; and Coordinate planning wi:h the School District regarding population projections, school siting, projections for development and redevelopment for the coming year, infrastructure required te suPpOrt public sCh~oh, a-nd.review of amend, merits to the fulure !and use etements f~h~m~cipali~'s cornp}ehensive plan. It is important'to:no~:t~hat: ~e~gr~m!ect- ~.~¢ifi~:i~ re~f~aces:~ that each mumc~pahty wil[use:~n e~ s~h~l*, pvol ee~!~ pm p 0se'~f;~Rt~iu~that - niuni~i~li¢2 .(S&e~rt The concurrency program is that the School District-can attain (21) concurrency se~,Sce areas (CSAs)for us~ ii~ in the review contains a tiered level' Ofservic~ established for each CSA individual school may long as not Contained Element. which has not: been sent ou~ yet. tables from the Element 'Mthin the next COuple The permanent level of service Mil be appti~c[ b!~ng on August 1, 2004. The permanent level of set,See is 110% of capafi~ ~r ~a~h CSA and fqr every ~dividual school. In other words, a schoo} or CSA:can not, have~o~es~e¢l,s than t,10.% of the capacuty of the school or CSA. The level of service can Pto 120% if the Technical Advisory Group recommends the incre~se:hfter ia Sci~li~[t~ Study. 5~ level Of Service provisions begin on page 23 of the Interlocal Agreem~tt!: level of service for schools z one ~re used program ~f service is of service as The concurrency program depeficts 0il finanmally feasible capf~a! pl~ for sckOol plan to be financially hasible, it must Provi~:en~g~gt~ rojected new students each year, and must c[em~r~st~; adopted level of~ervic~ in any year. AS capamty each year to reheve any crowding ~[eX~ projected yearly increase in students. ~l~DistriCt'S commitment to adopt a ilh brtter, fo~ the:School District's capital ~pacity for existing needs and for the ~ that~no school or CSA will exceed the a~91 ~isfrici ~I1 be'building enough new :hobi~ an~tb accommodate:the total August I 1. 2000 Page 4 Since the School Distric~ will be building enough new capacity yearly to accommodate the new students that are projected to be coming into the school system each year, the only reasons that any new development would be stopped by the school concurrency program are the following: 1. a totally unexpected increase in the total ,number of new students entering the school system in a g~ven year: or 2. the School District building new capacity in different areas than it is needed. If there is an unexpected increase in the number of new students in any year. the School District will be obli~_ate~ mprogram additional capacity into its Five-Year Capital Facilities Plan to accommodate the increase in students. If available capamty is not located where the growth in students occurs, the School District.is obligated to.amend its Capital Facilkies Plan or make program or boundary adjustments to ensure tl~it the adopted level of ser~Sce is attained and maintained. In other words, the School District is required to maximize ks uf~iization of available capacity ro meet the adopted level of service. The program uses coordinated planning to help ensure that the School District builds new capacity where k is needed. Each local government must provide the School District with projections for development and redevelopment, which the School District will consider in developing irs yearly update to the Five-year Capital Facility Plan. Leo has provided you with tables for each of the twenty one CSAs, showing the schools in the CSA; the projected enrollment for the current year and next five years in each school; the capacity of each. sc.hool for each year; and the utilization percentage, or level of service at which each school is projected to operate during each year. The totals for each are computed by elementary, middle and kigh ~chools in order to determine the projected level of service for each CSA for each school .type. The CSA tables demonstrate that each CSA is projected to operate at or below the adopted level of service beginning in Fiscal Year 04/05, or by August 1, 2004. The CSA's should also operate at or below the tiered levels of service prior to that date. These projections can be verified once the tiered level of service tables are provided.. Since the projected enrollment figures for each year include the students that would be generated by new residential development, all new residential development has been accounted for during the five year planning period. SCHEDULE FOR ADOPTING AND EVIPLEMENTING SCHOOL CONCURRENCY There are three steps for adopting and implementing school concurrency: I. the execution of, the Interlocal Agreement; The timetable for each is discussed below [nterlocal Agreement Au~mast 11, 2000 Page 5 2. the adoption of the required comprehensive plan amendments; 3. the adoption of an implementing school ~oncurrency'ordinanCe, The execution of the Interlocal Agreement is the first step in the process. The County and School,DiStrict ha~/e b?.h signed the InterlocaI Agreement: 'Ail twenty six (26)required municipalities mUstl nbsv sign~ it. ~Once ihe [ntei-l~cal'Agi-eeraent becomes effei:tive, an parties have corrimi~ted't0 c6inPle~e flie next two ~teps;:~nd implemeni school concurrency. Th, e Intertocal Agreement becomes effective once all of the required parties execute the Inted0cal Ag~-e~tnent :arid it: is filed'With .~I~ .Clerk ~f If all of the reqmred municipalities do not execute the Interlocal Agreement by July 1, 200 t, the-Interlocal Agreement it null and void an~t school coricurtency will not be implemented. (See Arridle XVI, Section'B. 6n page 6:i) An overview of each Article: of the Int erlocal A~eement is contained as Attackment B. Comprehensive Plan Amendments Each local govemrnent must adopt a Publid Schools Facilities Element; amend its Capital Improvement Element to include the School Distr~?s Capital Facility Plan and to provide for school concurrency in its concurrency managemer~t :system: and amend its Intergovernmental Coordination Element if it has not already done s0ito meet the requirements of Section 163.3177(6)(h)1. and 2., Florida Statutes. These amendments must be adopted w~thirt one year of the effective date of the,Interlocal Agreement (See Article II, Section ~B on page t D Once all of the required panics execute the Intertocal Agreement, the County Will adopt its Public Schools Facilities Elemen~ and Capital ImProvement Element amendments and send them to the Department of Commu~ty Afl:airs~'~ (D~A) for a compliance determination. After DCA finds the Courity elements'in: ~0rripti~ce ':ea~h muhicipality could pattern its Public Schools Facilities Element a~er~the County s. This shcaaldiexpedite DCA s review of the element and increase the likelihood ~hat ~the~el~rfient would alsd be fc}und in compliance by DCA. Of course, each municipality is flee to adopt whatever typ~ of Public Schools Facilities Element it desires as long as the element ~s consistent With the Inter!ocal Agreement and Rule 9J-5.025, Florida Administrative Code. Au~s~ Il. 2000 Page 6 Implementing Ordinance Within 90 davs of the last required party's comprehensive plan amendment becoming effective, each local government must adopt an ordinance ~mplementing school concurrency. Any local government that does not adopt its own ordinance will be deemed to have opted into the County's ordinance and the County's ordinance will apply within that municipality until the municlpal/ty adopts its own ordinance. (See ArtiCle V, Secti09 E. On page 2~) Commencement of School Concurrency Scheot conc::~ency will Commence ninety (90) days after the effective date of the last required local government's compiehensive plan amendments. STATUS OF POLICY AND TECHNICAL ISSUES FROM NOVEMBER MEMO I raised numerous policy and technical issues in my November memorandum. Leo Noble was very responsive in addressing the technical issues. I have included the technical issues portion of the November memorandum and the changes to the tnterlocal Agreement that address those issues in Attachment C. The policy issue regarding the term and termination of the Agreement has been addressed in tb2s Intertocal Agreement. The November draft did not have a set term. The Interlocal Agreement now has a set term of five years, renewable for an additional five year term. The Agreement will not be renewed if any one party does not desire to cominue to participate at the conclusion of the initial five year term. Any parry can elect to end the program by providing the other parties with written notice no sooner than 90 days prior to the end of the five year term. (See Article XIII on page 59) LeoNoble attempted to address the policy issue regarding suspension of concurrency. In the November draft. 33% of the parries could suspend concurrency if the program was not working as intended. This suspension could occur only after the Technical Advisory Committee recommended suspension. This provision essentially gave the Technical Advisory Committee veto power over whether the parties could suspend concurrency if the parties believed the concurrency program was not working as planned. To address this concern. Leo amended the Interlocal Agreemem to reqmre a non-binding TAG recommendation prior to concurrency bimg suspended by 33% of the parries. However, the County Commission amended the Agreement to put back in the requirement that TAG must recommend suspension prior to the parties being able to vote to suspend it. The other two policy issues identified in the November memorandum were the existence August 11, 2000 Page 7 of an interim or tiered Ievel of service and indemnification language. There have been no substantive changes to the Interlocal Agreement on these issues. financially capacity to achieve ant CUlTent ', le~slature passed ~ ~SA. The the Laws c between the Elementary School (students) Middle School (students) High School (students) .CUrrent Plan . Small School Requirement 1;300 700 2,~50p 900 Therefore, the:School DiStrict wilt have to.~d~ss this new small sc~hool requirement in its Five-Year Capital Facilities Plan for any school to ~e'~6nstructed aRer Julyi, 2003. The. School: District may. , t?ither amend. ~ .~,its;,,;tP' m,~to pro,vide for more schools of the smaller size or provide tl,ct each large.SC:boo! will c0nta~;.~ ~h~/blk'-Within-a-school. T~e schools-within-a- l ~s :effectively subd~wded into smaller s~zed school concept e~ssential¥ means~ that a large ~Cl~ i" ' : ' '" ' schools wii~ tiie large ~'acility iThe cfefin/fidri ~f: ~('~§hool2with/n-a-sch00l" i~ contained in Section 230.23 (20), Florida Sta/utes (2000), whic j'}g)ncluded in Chapter ~0~0;235, Laws of Florida. The School District must resolve how it Mil d~eal with this issue prior to any local government being able tO transmit its amendment io the Capifal Facilities Element~ since the element must be consistent with the requirements of state law. CONCLUSION The Interlocal Agreement that is before you is a marked improvement over the one sent to you in November. It addresses all of the signifi~t ~chnical issues and the most important policy issue raised in my November memorandum. ~he ~rbcedures that the School District will use to ~ evaluate new developments are spelled out in much greater detail in this version of the Interlocal ~-.- ~ Agreemem. -Other issues raised by individual municipalities have been addressed. August 11, 2000 Page 8 Leo Noble has been very responsive in addressing the municipal concerns that have been raised by the League on behalf of all municipalities. However, I would urge each municipality to independently review the school concurrency program and the documents that you will be executing and adopting to ensure that you are clear on how the school concurrency program will impact your jurisdiction. ATTACHMENT A --_. ~, MUNICIPALITIES REQUIRED TO SIGN INTERLOCAL AGREEMENT 2. 3. 4. 5. 6. 7. 8. 9, I0. 11. 12. 13. City of Atlantis City of Bette Glade City of Boca Ra;on City of Boynton Beach City of Delray Beach City of Greenacres Town of Haverhill Town of Hvvoluxo Town of Juno Beach Town of Jupker Town of Lake Clarke Shores Town of Lake Park City of Lake Worth 14. Town of Lantana 15. Village of North Palm Beach 16. City of Pahokee 17. Town of Palm Beach 18. City of Palm Beach Gardens t9. Town of Palm Beach Shores 20. Village of Palm Springs 21 City of Riviera Beach 22, Village of Royal Palm Beach 23. City_ of South Bay 24 Village of Tequesm 25. Village of Wellin~on 26. City of West Palm Beach ATTACHMENT B OVERVIEV~: OF hNTERLOCAL AGREEMENT The Interlocal Agreement contains sixteen (16) articles and five exhibits. Each is br/efly described below. Article I Dc.,nitions (Pages 5-9) Th/s Article contains the definitions used throughout the Interlocal Agreemem. Defirntions for "Level of Service", "Permanent Student Stations", "Required Modernizations", '~Residential Development". and "School District of Palm Beach County Six Year Capital Improvement Schedule" have been added since the November draft. The mos: significant of these is the "Required Modernizations" definition, which requires a comprehensive evaluation of schools that are 35 years or older for a determination of the need for rehabilitation, remodeling, or replacement. The "School District of Palm Beach County Six Year Capital Improvement Schedule" is the document that each municipalky must adopt as pan of its Capital Improvements Element. The "Level of Service" definition contains an example ofhow the level of service or utilization of a facility is calculated. The definition of"Maximum Utilization of Capacity' has been clarified to specify that facilities must be utilized to ensure the adopted level of service is maintained for both the concurrency servme areas (CSAs) and each individual school. The definition of "Site Specific Development Orders" was amended to include Developments of Regional Impact in the list of approvals. Article II School Concurrency Overview (Pages 10 - 14) This Article summarizes the responsibilities of the various parties in the school concurrency program. There were two important clarifications added to this Article. First, Section B now specifies that each local government agrees to adopt the required comprehensive plan amendments within one vear of the Interlocal Agreement becoming effective (as soon as the last party signs ~t and it is recorded with the clerk of the court). Second, the responsibility of the School District to meet the requirement to maf3mize Utilization o~'capa~ity is clarified to require that the CSAs and each individual school must operate at the adopted level of service. [See Section C.2.(b) on page t2] Article III Capital Improvement Plan (Pages 14-19) This Article requires that the School District adopt and update its Five-Year Capital Facilities Plan by September i5,ofeach year. The Plan must be financially feasible and must add sufficient capacity to achieve and .maintain the adopted level of service yearly for all schools of each type in each CSA and each individual school. The School District must maintain the adopted level of service by either adding new capacity or instituting program or boundary adjustments to ensure that all schools,will operate at the adopted level of service. A review process for the yearly update is provided. The School District is permitted to make material amendments to its adopted plan if certain specified findings are made. Article IV Comprehensive Plan Amendments (Pages 19-21) This Article describes the process for the development and adoption of the Capital Improvement Element and Public Schools Facilities Element. Article V School Concurrency Program (Pages 21-37) This Article details how the school concurrency program will be conducted. The school concurrency program will commence 90 days after the effective date of the last required local govema-nent comprehensive plan elements required for school concurrency. Tiered levels of service will apply until August 1, 2004. The actual tiered levels of service for each CSA is contained in the Public Schools Facilities Element After August 1, 2004, the level of service B-2 specified in Section C.2. shall apply. Section E provides that each local govemmem will either adopt its own school concurrency ordinance prior to the commencement date for school concurrency or be subject to the County ordinance until the municipality adopts ks own. Sect/on F details how the School District will review new residential developmems. Section H provides for the suspension of concurrency if various events occur. Article VI Monitoring (Pages 37-44) A Technical Advisory Group (TAG) is established in this Article. The TAG mordtors the school concurrency program through annual monitoring reports and program evaluation reports. Program evaluauon repons may be requested by any party. Article VII Mediation of Disputes (Pages 44-45) This Article provides a mechanism for the mediation of disputes between the parties. Article VIII Coordinated Planning (Pages 45-55) The coordinated planning componem of the program is spelled out in this Article. Methgds for sharing information and utilizing it in the planning process are specified. Section G establishes the process the School District and local governmem will follow when a school construction project is proposed. Article IX Special Provisions (Pages 55-57) This Article acknowledges the School District's constitutional and statutory obligations and the land use authority of the local governments. Section C gives each party the right to petition the circuit court for specific performance of the Agreement. Article X Acts of God and Other Exigent Circumstances Beyond the Control of the School Board (Pages 57-58) This Article gives the School District the right to deviate from the agreed upon Five-Year Capital Facilities Plan when confronted with an Act of God or other unanticipated circumstances. In those instances, the School District would not be considered in violation of the Agreement, but school concurrency would be suspended. ' Article XI Standing and Third Party. Beneficiary Rights (Page 58) This Article acknowledges that no third party rights are created through this Agreement. Article XII Amendment. Withdrawal and Termination (Pages 58-59) Section A allows the Agreement to be amended by written agreement of 51% of the parties. The Agreement may be terminated by 75% of the parties filing written notice within any ninety (90) day period. Provisions for the deletion of parties no longer required to participate and the addition of parties that become required participants is provided in Sections B and C. Article xm Term of the Agreement (Page 59) The Interlocal Agreement has a five year term, and will automatically be renewed for an additional five year term as long as no required party objects in writing to the renewal. The written objection must be sent to the other parties no sooner than 90 days prior to the expiration of the term. Ifa required party objects to the renewal, the Agreement will end at the conclusion of the initial five year term. B-4 Article XIV Indemnification of the Parties (Pages 59-60) This Article pro~ides for indemnification bythe School District and by the local governments for acts rotalIy within an individual party's control. Article XV Multiple Originals (Page 60) The Article provides that the Agreement may be executed in counterparts. Article XVI Effective Date of the Agreement (Page 6!) The Agreement shall be effective upon its execution bythe last required party and its filing with the Clerk of the Circuit Court. I.fall of the required parties do not sign the Agreement by July 1, 2001. the Agreement is null and void as to the parties that have previously signed it. Exhibit A Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, October, 1993 The Interlocal Agreement is included since its mediation prov/sions are referenced in Article VII, Mediation of Disputes on page 44. Exhibit B Implementing Ordinance Elements This exhibit contains the elements that must be included in every school concurrency implementing ordinance. Exhibit C Participation Agreement This unilateral participation agreement will be utilized by any municipality that become a B-5 required party to this Agreemem in the future. This agreement provides a mechanism whereby the new municipal party executes a binding document without the necessity of all other parties having ro execute an amendment to the Interlocal'Agreement. This approach hasbeen successfully used in the Multi-Jurisdictional Issues Forumand Comprehensive Plan Amendment Coordinated Review Inteflocal Agreements. Exhibit D Student Generation Multiplier Table The student generation multiplier table is used to determine how many new students will be generated bv each new dwelling unit. This table is referenced on page 29 :>f the Interlocal Agreement, which details how the School District will review applications for new developments. Pursuant to Article VIII, Section E. on page 48, this table will be updated by the School District sixty days prior to the implementation of concurrency The table will be updated upon.the renewal ofthis [nterlocal A~eement Exhibit E Projected Units Table This table lists the number of new units projected for each CSA during the current year and next five years. The population projections are converted to both existing and new residential uni;s ~,:~ :he haw units are assigned to each CSA. The table will be updated annually. See Article VIII, Section B on page 46 for a discussion of how this table is prepared. See Article V, Section F on page 29 for a discussion of how the table is used in the development review process. B-6 ATTACHMENT C STATUS OF TECHNICAL ISSUES RAISED IN NOVEMBER 23, 1999 MEMO The following technical issues were raised in my November 23, 1999 Memorandum on the School Concurrency Interlocal Agreement. Since that time, I have had numerous opportunities to meet with Leo Noble Go resolve these issues Almost all have been addressed. The November 23'a memo languageis in regul~ type and the changes made to the Interim)cai Agreement to address the issne are initalics. Article H 1. What Intergovernmental Coordination Element amendments are being required? (This same comment applies to Article IV also~ The Agreement now references the statutory, requirements for the Intergovernmental Coordination Element. rSee Section B. 2. on page l l and Sect~on C on page 21) 2. As detailed earlier in this memo, the date of June 30, 2000 for amending comprehensive plans may not be realistic given hearing schedules and statutoq: time frames. (This same comment applies to Article IV also) The date has been removed. Each local government must now amend its comprehensive plan within one year of the Interlocal ggreement becoming effective. The Interlocal ggreement becomes effective when the last parO: stg~s it and it is filed with the Clerk of the Court. (See Section B on page !1 and Section B.I. on page 20) Article m 1. The target level of service is designed to make sure the School District maximizes utilization of capacity as required by taw. Is the language clear enough to adequately define this C-1 target level of service the commitment the School District is making to mardmize utilization of capacity? The language referencing a target level of service has been removed. Much clearer language on maximum ut~Tization ,of capacity is inchtded in Sec~on A.5. on page 15~ :2. The'Schaol District isrequired to adopt a financially:feasiBle ,five year plan that, must be included ineach local, government's:capital improvement etem~m~, ~T, tfis requireraenr,, ts designed to provide certainty to the partiesas to which schools wiI1 actually be cBn,%mcted by the School District. However. Section G of Article III allowsthe Schoo[Dis~rict to amendits adopted Five-Year Capital Facilities Plan by making cer'cain findings~ Thus. consider the following: , ~ A. What happens to adopted local government plans that have already included the School District's Five-Year Plan if the School District amends the plan? Section G on page 18 now specifies that if the School District amends the platt, the local government must amend its capital improvement element in its next round of amendments. B. Is finding (b) on page 16 so broad as to make the plan too flexible? Article IV 1. Finding (b) now includes lang~uage that the School District can not make a change to the plan that wouM result in the level of service being exceeded in the CSA from which the orig~nal planned project is modified, delayed or deleted. t'See Section F. L (b) on page 18) Should the model element in Exhibit A be generic rather than the County's element? The reference to a model element has been deleted rSee Section B. L on page 20) Article V 1 The School District is required to maximize utilization of capacity so that some schools are not overcrowded while others have available capacity. Is the language in paragraph 5 on page 20 clear enough on what the School District is obligated to do? The language on maximum utilization of capacity has been removed_from this Article and inserted in Article IlL The new language requires,that the School District ensure that all schools of each type in each CSA and each individual school operate at the adopted level of service when it adopts its anmtal update to the Five-Year Capital Facilities Plan. /See Article [II~ Section 5 on page 15) schools? Is the level of service expressed in Secti~on B clear enough as it relates to individual Section B bas beet, re-lettered Section C and now clearly specifies that the level of service applies to the overall CSA and each individual school. (See Section C on page 23) 3. Paragraph 3 on page 21 allows school capacity studies in order to see if a school could operate at a level of service between 110% and 120%. A. If the study finds that the school can operate at the higher level of service, how is the capacity of the CSA changed for concurrency purposes? The Agreement now provides that the CSA level of service shall be amended ami each local government must amend its comprehensive plan in the next round of amendments to reflect this additional capacity. (See Section C. 3. on page 24) C-3 B. If the study finds that the school can not so operate, is the language at the end of the para,apb clear enough on when the School District is obligated to correct the failure? The vague lang~tage has been deleted The paragraph is now silent on what happens if the school can not operate over 110%. As a result, the provision mentioned above that all schools operate at the adopted level of se~eice would apply. Thus. the Sc~hool Diet,lcr wo~l.d have to correct the .deficiqncy in its next update to th~ Capital FacJliti~s plan. 4. Section D provides that each local government may adopt its own concurrency ordinance or be bound by the County ordinance if it does not adopt its ordinance within 60 days of the effective date of the last comprelxensive plan amendment. Is it clear that a municipality may adopt its own ordinance after that 60 day period and are there any legal constraints to a municipality "opting out" of the adopted County ordinance once it takes effect in the municipality? This section has been re-lettered as Section E. The time for a municipality to adopt its own ordinance or be bound by the County ordinance has been changed.from 60 days to 90 days of the effective date of the last local government's comprehensive plan amendment..4 new sub- paragraph (3) has been added that clarifies that a municipality may opt-out of the County ordinance at any' time by adopting its own implementing ordinance. (See Section E. 1.&2. on page 26. 5. Section E describes the concurrency reme~v process. So that there are no misunderstandings later, every party should have a very clear understanding of exactly how the School District will review development proposals. A. Is this process clearly spelled out so that everyone knows exactly how the C-4 School District will implement the review system? This portzon of the btterlocal Agreement was substantially rewritten smce the Novemberversion. The concurrencyprocessisnowcontainedinSectionF, begmning on page 2Z Section F spells out in fidl detail exactly how the School District will review development proposals. B. The process essentially reserves capacky when new development is approved. Will ti'ds system ultimately lead to overesumaring needed capacky in future years? Article ~7I~ Section C requires local government's to provide the School District with certificate of occupancy information twice a year. The actual students generated from new remdential m~its rather than the projected students from the development review process will be used m the data and analysis for the cmmtal update to the Five-Fear Capital Facilities Plan. As long as the CSA Tables and Development Review Tables are updated yearly with the update to the Capital Facilities Plan. which appears to be required on page 29 [Figures (1), (2) cold (3)], there shouM not be an overestimation of needed capacity in future years. Also. if the School District does overestimate future demand based on projections for new development, the School District is obligated to provide capac~'for that demand hi its Five-Year Capital Facilities Plan. Therefore, the School District would appear to hcn,e an incentive to maintain consistency between its capital facilities planning and the regulatory program. C. How is projected new capacity in the Five-Year plan used in the concurrency reviexv? The new Development Review Table on page 30A demonstrates how projected new capacity is used itl the review process. The narrative describing C-5 this process is contained on pages 29 - 30. 'D. How is capacity accounted for in the adjacent CSAs when that capacity is utilized in a development appro'4al? This is accounted'for as Figure 1.~,on the Development Review Table. (See pages 30 and 30A) E Ifa developer commits to a mitigation project, is that capacity reserved for that development? Does it have to be to avoid a rational nexus problem? The Agreement does not reserve mitigation capacity for the development providing the capacity. (See Section F. 7. on pages 33 -34for mitigation provtsionsj 6. Section G provides that concurrency will be suspended if the School District does not maximize utilization in the time specified in this Agreement. Is the Agreement clear enough on what the School District is supposed to do and when they are supposed to do it? This section has been re-lettered as Section H. The provision dealing with maximization of utilization of capacity has been clarified to provide for the suspension of concurrency tn a CSA if the School District allows the CSA or a school within the CSA to exceed the adopted level of service in its adopted Five-Year Capital Facilities Plan. {See page Article VI 1. The TAG is supposed to hear appeals of School District concurrency decisions. Should there be language in the Agreement that specifies how those appeals should occur? The TAG no longer hears appeals of the School District's concurrency decisions. Any appeal would be to court. 2. The TAG members are nominated by entities that are not parties to the A~eement. What happens if one of these entities does not make a nomination? This issue has not been addressed. Article XII l. The laws governing concurrency provide that if an exempt municipality loses its exemption, ir must join in the InterlocaI Agreement. Should there be provisions for how a municipality joins this Agreement? Section C on page 59 has been added to address this issue. Spec~qcally, any municipality that becomes a requtred party cce~ become a par~v to the Interlocal Agreement by executing a Unilateral Participation Agreement, which is included as Exhibit C to the Interlocal Agreement This approach is patterned after the' Comprehensive Plan Amendment Coordinated Review Interlocat Agreement and Multi-jurisdictional Issues Coordination Forum Interlocal Agreement. C-7 BSN ENTERPRISES, Inc. July 25. 2000 Mr. Kurt Bressner Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 Re: Public School Concurrency nter ocal A,qreemen[ Dear Mr. Bressner: Enclosed you will find a copy of the Public School Intedocal Agreement that was executed by the Palm Beach Board of CotJnty Commissioners 0n Jdne 6 2000 an(J bythe School Board on June 14. 2000. The Intedocal Agreement has also been unanimously recommended for approvat by the Board of Directors of the League of Cities. I am enclosing the listed support documents and Exhibits for your information. This executed copy of the ntedocal Agreement reflects the consensus work of elected officials, the attorneys rep~,eser~dng the, Leag~e of Cities .SchQo[ BQard and County, as well as the planning staffs of many of the mur~icipalities. County~ and School Dist~:ict. Upon receiving the fu y executed tnterlocal Agreement. the County will seek a Notice of Intent of whether the school cortct~rrer~cy p~an is in comoliance with; the, Department of Community Affairs, Therefore. I am requesung a meeting with each mumcipal body to execute the lntedocal Agreement as soon as possible. In order iQ ,facilitate the transmittal and. adePticJn; PrC)~ess for each local government and to implement school concurre0Cy with the greatest assur~oce ~ 8onsistency and timeliness, the County's adopted Public S¢l~oot~'Fa:citiiies Element arid Capital Improver~ent Element ambndments will be distributed for the use of each municipality. If you would like a revised draft of the Public School Facilities Element which responds [o the ssues of the Department of Community Affairs. prior to the Cot)nty being found in compliance, a~ease cai Isaac Hoyos at 233-5347, I look forward to discussmg any questions you may have. Please call me at 346-0139. Sincerely, LeC'~loble. School Concurrency Consultant Enc: Copy of the executed Public School Concurrency Interlocal Agreement CSA Tables The Public School Concurrency Executive Summary H:\DATA\WP51\DOC\CO NCRN CY~MU NSCH\GENCORR\LN725 1713 Flagler Manor Circle * West Palm Beach. Florida 33411 * $61-346-0139 * Fax 561-790-0898 Mr Kurt Bressner. Manager July 25. 2000 Page Two CC; Members of the School Board of Palm Beach County Dr. Benjamin Marlin. Superintendent of SchoOls. The School District of Palm Beach County Edward Oppel, Chief Operating Officer, The School District of Palm Beach County William Malone, Chief of Facilities Management, The School D str ct of Palm Beach County Linda Hines, Director, Planning and Real Estate, The Schoo D strict of Palm Beach County Allen Watts, Esquire, Counsel, The School DiStrict of Palm Beach County Members of the Board of County Commissioners . Robert Weisman. County Administrator. Palm Beach County Barbara Alterman, Assistant County Attorney, Palm Beach County Frank Duke iD rector of P ann ngD~vi§i(~n Pa m Beach County Maria Bello, Principal Planner, P an.n'ng Division, Palm Beach County Isaac Hoyos, SeniOr Plannei' Plan~ing oD. iv ~ic~ Palm Beach County Jamie T'itc0mbl ExecutiVe Directo, r, i'h~L~&g~ 0~ Ci'ties John cqrbett, Esquire, Cbun~sel, The Lea~ ¢ Cities Jeanne Mills, AICP, Senior Planner for 0OnCLJ~¢er~cy, The School District of Palm Beach County 1713 Flagler Manor Circle" West Palm Beach, Florida 3341'1 * 561-346-0139 * Fax 561-790-0898 PALM :BEACI~, COU:~blT~' *?. MUNICIPALITIES OF PALM BEACH COUNTY and THE SCHOOL DISTRICT OF PALM BEACH COUNTY To Establish PUBLIC SCHOOL CONCURRENCY TABLE OF CONTENTS I. DEFINITIONS ........................................................ 5 II. SCHOOL CONCURRENCY OVERVIEW ................................ 10 A. Agreement to Establish School Concurrency ......................... 10 B. Required Concurrency Elements. .................................. 11 C. Specific Responsibilities of the Parties ............................... 12 III. CAPITAL IMPROVEMENT PLAN ...................................... 14 A. School District's Five-Year Capital Facilities Plan .................... 14 B. Ten and Twenty Year Work Program ............................... 16 C. Transmittal ..................................................... 17 D. TAG Review .................................................... 17 E. Final Adoption .................................................. 18 F. Material Amendment to the School District's Five-Year Capital Facilities Plan ........................................................... 18 G. Amend Comprehensive Plan ....................................... 19 IV. COMPREHENSIVE PLAN AMENDMENTS .............................. 19 A. Process for Development and Adoption of Capital Improvements Element ........................................................ 19 B. Process for Development, Adoption and Amendment of the Public School Facilities Element (PSFE) ......................................... 20 VI. C. Intergovernmental Coordination Element ........................... 21 SCHOOL CONCURRENCY PROGRAM ................................. 21 A. Commencement of School Concurrency Program ..................... 21 B. Concurrency Service Areas ........................................ 21 ...... 23 C. Level of Service (LOS) ...................................... D. Exemptions ..................................................... 25 E. Local Concurrency Implementing Ordinance ........................ 26 F. School District Review of New Residential Development Proposals ....... 27 G. Term of School Concurrency ...................................... 35 H. Suspension of Concurrency ........................................ 35 MONITORING ....................................................... 37 A. Establishment of the Technical Advisory Group (TAG) ................ 37 B. Purpose of the TAG .............................................. 37 C. Membership ot the TAG .......................................... 38 D. Terms of Membership ............................................ 39 E. Election of Chair and Organization Meeting ......................... 39 F. Quorum and Voting ............................................... 39 G. Meetings open to the public ....................................... 40 H. Compensation ................................................... 40 I. Staff Support for the TAG ........................................ 40 J. Management Reports ............................................. 41 K. Enrollment Reports .............................................. 41 Monitoring Reports .............................................. 41 Program Evaluation Report ....... 42 Conflict of Interest ............................................... 43 VII. MEDIATION OF DISPUTES ........................................... 44 VIII. COORDINATED PLANNING ........................................... 45 A. The Coordination of Planning and Sharing of Information ............. 45 B. Population Projections ............................................ 46 C. Local Government Data Collection ................................. 47 D. School District Data Publication .................................... 48 E, Multiplier Publication ............................................ 48 F. Proposals for Development, Redevelopment and Infrastructure required to Support Public School Facilities .................................... 48 G. School Siting .................................................... 49 H. School District Review of Future Land Use Element Plan Amendments... 54 IX. SPECIAL PROVISIONS ............................................... 55 A. School District Requirements ...................................... B. Land Use Authority .............................................. 56 C. Specific Performance ............................................. 57 X. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND THE CONTROL OF THE SCHOOL BOARD .................................. 57 X. STANDING AND THIRD PARTY BENEFICIARY RIGHTS ................ 58 XI. AMENDMENT, W3[THDRAWAL AND TERMINATION .................... 58 -IX/- Ao B. C. D. Amending the Agreement ......................................... 58 Withdrawal from Agreement ...................................... 58 Additional Participants .......................................... 59 Termination of Agreement ....................................... 59 XIII. TERM OF THE AGREEMENT ........ ~ ~ -:- ~ ......: -- XtV. INDEMNIFICATION:OF PARTIES ..................................... 59 A. Hold Harmless .................................................. 59 B. Third Party Claims .............................................. 60 XV. MULTIPLE ORIGINALS .............................................. 60 X'~I. EFFECTIVE DATE OF AGREEMENT .......................... - ........ 61 A. Effective Immediately ........................................... 61 B. Nullification of Agreement ........................................ 61 EXHIBIT A - EXHIBIT B - EXltqRIT C - EXltlBIT D- ExmRIT E EXHIBITS Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, October, 1993 Implementing Ordinance Elements Participation Agreement Student Generation Multiplier Table Projected Units Table H :~DATA\WP5 I~DOCSCON CRNCY~S ECT [oh~2~r E RLOCM LAS~AMD606C.WPD.7 ! pp R2000 OBOB PALM BEACH COUNTY INTERLOCAL AGREEMENT with THE MUNICIPALITIES OF PALM BEACH COUNTY and ~ SCHOOL DISTRICT O1~ PALM BEACH COUNTY To Establish PUBLIC SCHOOL CONCURRENCY An Interlocal Agreement between PALM BEACH COUNTY (hereafter refdrred to as the "COIJNTY"), operating through its BOARD OF COUNTY COMMISSIONERS; those municipalities who have executed this Agreement (hereafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"); and The SCHOOL DISTRICT OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL DISTRICT"), operating through the SCHOOL BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD"): WHEREAS, Section t63.01. Florida Statutes, enables local governments to cooperate with other local governments and public agencies, including school districts, to provide services and facilities on a basis of mutual advantage, and to enter into an Interlocal Agreement; and WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT have determined that the safe, convenient, orderly and adequate provision of pubhc school facilities is essential to the health, safety, and general welfare of the citizens of PaLm Beach County; and Page L of 71 WHEREAS, in order to provide adequate public school facilities in a timely manner and at appropriate locations, the COUNt, ,~e ~IPALITIES and SCHOOL DISTRICT have further determined that it is necessary and appropriate for the entities to cooperate with each other to eliminate the current deficit of permanent student siva, ~tions, and-to provide capacity for projected new growth; and ' WHEREAS, the COUNTY, the MUNICn~A:LITIF-.S!and the SCHOOL DISTRICT recogniTe that adequate revenue sources must be available to provide for the needed increase in permanent student stations; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act requires the COUNTY' and the MUNICIPALITIES to adopt comprehensive plans to guide and control future development: and WHEREAS, Article IX. Sections I and 4 of the Florida Constitution require a uniform system of free public schools on a comuty-wide basis, and provide that each county shall constitute a SCHOOL DISTRICT subject to supervision by the State Board of Education as provided by general law; and WHEREAS. Sections 235.193 and 235.194, Florida Statutes, reqmre the coordination of planning between school districts and local governments to ensure that the plans for the construcuon and opening of public educational facilities are coordinated in time and place with plans for residential development; and Page 2 of 71 WHEREAS, Section 235.193, Florida Statutes, requires the general location of educational facilities to be consistent with the COUNTY'S and the MUNICIPALITIES' Comprehensive Plans; and WHEREAS, Section235.193, Florida Statutes, requires the SCHOOL DISTRiCT to submit plans for public educational facilities to the COUNTY and the MUNICIPALITIES and requires each local jurisdiction to determine the consistency Of the, plans with the effective Comprehensive Plan and applicable land development regulations~ and WHEREAS, Section 163.3177(6)0a), Florida Statutes, requires the COUNTY and the MUNICIPALITIES to coordinate the adoptedlocal comprehensive plans with each other and the plans of the SCHOOL DISTRICT: and WHEREAS, Section 163.3180(13), Florida Statutes, authorizes the COUNTY and the MUNICIPALITIES to adopt a school concurrency program; and Wt-IEREAS, Section 163.3180(13)(g), Florida Statutes, requires that prior to establishing a school concurrency program, the COUNTY and the MUNICIPALITIES and the SCHOOL BOARD adopt an interlocal agreement (hereafter referred to as the "AGREEMENT") for school concurrency to satisfy Section163.3180 (I 2)(g)1. Florida Statutes, wh/ch will: establish a process by which they shall agree and base their plans on consistent population projections; coordinate and share information relating to existing and planned public school facilities, projections and proposals for development~ and infrastructure required for public school facilities; establish a planning process that encourages the location of public schools proxtmate to urban residential areas and the Page 3 of 71 collocation of schools with other public facilities to the extent possible; jointly establish level of service standards for public schools; establish a process for the preparation, amendment and joint approval of aflnancially feasible public school capital facilities program; define the geographic application ~ofeonetm'ency; establish criteria ancO, standards: for thelestablishment and mollification of school co~ service a~ea~ a~c~ incorporate the~.criteria ane[ standards into the COLINTY and MUNICIPALITIES comprehensive plans; ~.establish a uniform district wide proc~ure for implementing the school concurrency program that provides for the .evaluation of development applications for compliance with school concurrency requirements; provide ma oppo/ttmity for the SCHOOL DISTRICT to review and comment on the effect ot~comprehensiveplan amendments and rezonings on the public school facilities plan; and provide for the monitoring and evaluation of the concurrency program~ The AGREEMENT shall also provide procedures for its amendment, suspension, and termination. WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT pursuant to their various statutory responsibilities and powers, desire to establish joint procedur~ to establish and implement school concurrency; and WHEREAS. the COUNTY and MUNICIPALITIES, also known as the LOCAL GOVERNMENTS, are entering into this AGREEMENT in retiance on the SCHOOL BOARD'S copranitment to prepare, adopt and implement a financially feasible capital facilities program that will result in all schools of each type in. each CSA and each individual school operating at the adopted level of service conststent with the timthg specified in the SCHOOL DISTRICT's Five- Page 4 of 7[ Year Capital Facilities Plan. and the SCHOOL BOARD'S further commitment to update and adopt the plan yearly to add enough capacity in the new fifth year to address projected growth and to adjust the plan in order to maintqin the adopted level of service and to attain maximum utilization of school capacity pursuallt to Section 163.3180 (13)(c)2., Florida Statute; and WHEREAS, the SCHOOL DISTRICT operating ttnongh the SCHOOL BOARD, is entetSng into this AGREEMENT in reliance on the COIJNTY'S and MUNICtP.a.I.ITIES' commitment to adopt amendments .to their local comprehensive plans to impose.school concurrency as provided in Section 163.3180 (13), Florida Statutes; and NOW, THEREFORE, in order to accomplish these goals and purposes, and in consideration of the mutual obligations and benefits the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT (hereinafter referred to collectively as "PARTIES" hereby enter into this AGREEMENT. L DEFINITIONS Capacity Projects - New school construction or any project that adds necessary kmprovements to accommodate additional' permanent student station~ or core facilities needed for the educational program of each type of school based on the reqmrements of State Requirements for Educational Facilities (SREF). Consistency - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and this AGREEMENT. Page 5 of 71 Concurrency Service Area (CSA) - The specific geographic unit xvithin a SCHOOL DISTRICT in which school concurrency is applied and measured. Concurrency Service Area' Level of Service Smdard~ -The numimnm acceptable percentage of school ulili~on as established ha Section V~ (C.2.) below detcnnin~ by dividing the total number of studenm for all schools of each type in each CSA by the total number of permanent student stations for that type ofschool ha each CSA. Core Facilities -The media center, cafeteria, toilet facilities, and cirCulalion space of an educational plant Development Order - As defined in Section 163.3164(7), Florida Statutes. Educational Facilities - The buildings and equipment, structures, and special educational use areas that are built, inslalled, or established to serve educational purposes only. Financially Feasible Facilities Plan - A plan which demonstrates the ability to finance capital improvements fi'om existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted Level o£ Service for each year of the five (5) year planning period for all schools of each type in each CSA and-each individual school, and for the long range planning period. Florida Inventory of School Houses (FISH) - The report of the capacity of existing facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory, student stations and a designated size for each program. In Palm Beach County, permanent capacity does not include Page 6 of 71 the use ofreloeatables unless they meet the standards for long term use pursuant to Section 235.06t, Florida Statutes. Inter Governmental Plan Amendment Review Committc~, {IPARC) - The interlocal committee, established through the ~'Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, "rlatad October 1, 1993, which coordinate~ comprehensive plan amendment review. League of Cities - palm Beach:County League of Cities, Inc. A not-for-profit corporation established to promote and advance the collective interest of municipalities of Palm B~ach County, Flor/da. Level of Service (LOS) - The measure of the ulJli?ation, expressed as a percentage, which ts the result of comparing the number of students with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization ora facility. Local Governments - Palm Beach County and the lvfiJNICIPALITIESr Maximum Utilization of Capacity - Utilization of facilities to ensure the adopted LOS for all schools of each type in each CSA and each individual school is not exceeded. Municipalities - All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. Page 7 of 71 Permanent Student Station - The floor area ina public school facility required to house a student in an instructional program. amendment to a previously approved residential development that increases the number o£housing units. This shal~ include any request for any approval of the type that establishes ~ density of development and which approves a Site Specific Development Order on aspecific parcel of property. Required Nloder-~-ations -A comprehensive upgrading of s~hool~ to 'lil~ nu-~r'school standards. This requires a:comprehensive evaluation of schools which are 35 yeats olit or older for a determination of the need for rehabilitation, remodeling or replacement of the facility. Residential Development - Any development' that is comprised in whole, or part, of dwelling units;, for permanent human habitation. School Board - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21. Florida Statutes. School District - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. School District Five-Year Capital Facilities Plan o The SCHOOL DISTRICT of Palm Beach County Five-Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. Page 8 of 71 School District of Palm Beach County Six Year Capital Improvement Schedule - A Table of expenditures and revenues detailing how the School District shall achieve and maintain the Level of Service for public schooifacilities. Site Specific Development Order-A Development Order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of development on a lot or lots pu~nnnt to an application by or on behalf of an owner or contract pumhaser, or initiated by a Local Government. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in the'ir ~ntirety taken together 9f any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, rna.~'ter plan approval.% fftte plan,approvals, plat approvals, building permits, and any "Development of Regional Impact" as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more Development Orders which individually do not constitute a Site Specific Development Order shall be considered a Site Specific Development Order if when taken together they meet the definition of Site Specific Development Order. Type of School - Schools in the same categories of education, i.e. elementary, middle or high school. Page 9 of 71 II. SCHOOL CONCURRENCY OVERVIEW A. Agreement to Establish School Concurrency l.. The PARTIES desire to establish 'a public"schooI coacurrency system 2. The pARTIF.._.,S agree that'the timely dt~livery of adequate public school facilities at the adopted'leVel of service requires Close coorrlination among the pARTIF_,S at both thc land use planning and residential deVelopment'permitting levels. Further, the pARTIES agree that new school facilities should be planned for and provided'in pro'tlmity to those ~ planned for residential development or redevelopment- Accordingly, to implement an effective school concurrency system that will ensure that the consmcfion and opening of public educational facililaes are coordinated in time and place w/th residential deveIopment concurrently with other necessary services, the pARTIES agree that the SCHOOL DISTRICT must be afforded the oppormmry to review and provide timely findings and recommendations to the COUNTY and the MUNICIPALITIES on proposed amendments to their respective Comprehensive Plans and on all applications for development orders which will have an impact on school capacity and the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. 3. The pARTIES agree that m order to provide future public school facilities in a timely manner at appropriate locations, residential development orders issued by the COUNTY and by each MUNICIPALITY shall be issued and conditioned upon the availability of public school facilities at the level of service specified in this AGREEMENT concurrent with the impact of such Page 10 of 71 development. A determination that school capacity is available before issuance of a development order, consistent with the level of service standard, hereafter referred to as "concurrency", shall be based upon the adoption of a Public School Facilities Element into the COUNTY's and MUNICIPALITIES' comprehensive plans that is consistent With the SCHOOL DISTRICT's Five- Year Capital Facilities Plan and which shall be implemented by an implemenl/ng ordinance adopted by each local government party consistent with Section V. E. below. B. Required Concurrenc3, Elements Comprehensive Plan Amendments - Within one year of this agreement becoming effective, the LOCAL GOVERNMENTS agree to adopt the following comprehensive plan amendments which shall be consistent with each other as required in Section 163.3180, Florida Statutes: I. (PSFE) consistent AGR.EEM~ENT. 2. Amend its comprehensive plan to add a Public Schools Facilities Element with the requirements of Section 163.3180. Florida Statutes, and this Amend its Intergoverrunenta[ Coordination Element as required by Section 163.3177(6)(h) I. and 2., Florida Statures. and this AGREEMENT. 3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital Improvement Element and update that Schedule consistent with the updated and adopted SCHOOL DISTRI ~T's Five-Year Capital Facilities Plan in order to set forth Page il of 71 a financially feasible public school capital facilities plan, cons~stem with the adopted Level of Service Standards for public schools. C. 1. Section II.B become effective, the COUNTY AND MUI-IICIPALITIES agree to undertake the following activities: (a) Unless C_le~ing to b~.bolmd by the COUNTY implelllemfing ordinance, each MUNICIPALITY shall adopt an implementing ordinance consistent with the time frame in Section V.E.1. and the requirements of the basic framework contained in Exhibit B, the requirements of this AGREEMENT, and the LOCAL GOVERNMENT comprehensive plar~ Co) Once the School Concurrency Program commences, not issue any site specific development orders for new residential units until the SCHOOL DISTRICT has reported that there is school capacity available to serve the development being approved consistent with the requirements of this AGREEMENT. (c) Coordinate planning with the SCHOOL DISTRICT regarding population projections, school siring, projections of development and redevelopment for the coming year, infrastructure required to support public school facilities, and amendments to future land use plan elements consistent with the requirements of this AGREEMENT. 2 By entering into thi~ Interlocal AGREEMENT, the SCHOOL DISTRICT agrees to undertake the follow/ng activities: Page 12 of 71 r (a) Prepare and update yearly a financially feasible Five-Year Capitol Facilities Plan containing enough capacity each year to meet projected growth in de--nd for student stations so that all schools of each type in each COneurren.~ey Service ~xea and each individual school does not exceed the adopted level of sexarice for each year, cons'intent with the requirements of this AGREEMENT. (b) Institute program and/or boundary adjustments as necessary to maximize ufil~m~ion of capacity in order to enm~ that all schools of each type in ~¢h Concurrency Service Area and each individual school operate at the adopted level of service, consifftent with the requirements of this AGREEMENT. (c) Implement the SCHOOL DISTRICT's Five-Year Capital Facilities Plan by constructing the capacity enhancing and modernization projects in that program consistent with the timing specified in the program. (d) Provide the COUNTY and MUNICIPALFiTES with the required data and analysis updated annually to support the comprehensive plan elements and any amendments relating to school concurrency. (e) Adopt a ten and twenty year work program consistent with the requtrements of this AGREEMENT. (f) Maintain and publish data required in Section VIII for the review of proposed new residential development. Page 13 of 71 (g) Review applications for proposed new residential developments for compliance with concurrency standards, consistent with the requirements of this AGRRRMI:-NT. AGREEMENT. (i) Prepare reports on enrollment and capacity, consistent willx the requirements of this AGRRF, MENT, 0) Provide secretarial smffsupport for meeting of the Technical Advisory Group and all other District generated reports established by this AGREEMENT. (k) Coordinate planning with the COUNTY and MUNICIPALITIES regarding population projections, school siting, projections of development and redevelopment for the ca)ming year, ~trucrm'e required to support public school facilities, and amendments to future land use plan elements consistent with the requirements of this AGREEMENT. III. CAPITAL IMPROVEMENT PLAN A. School District's Five-Year Capital Facilities Plan 1. On or before September 15 ofeachyear, the SCHOOL BOARD shalladop~ and update the SCHOOL DISTRiCT's Five-Year Capital Facilities Plan for public schools in Palm Beach County. Page 14 of 71 2. The SCHOOL DISTRICT's Five-Year Capital Facilities Plan shall specify all new construction, remodeling or renovauon projects which will add permanent FISH capacity or modernize existing facilities. 3. The SCHOOL DISTRICT Five-Year Capital Facilities Plan shall .constitute a financially feasible program of school conslrucfion for a five (5) year period which adds sufficient FISH capacity to achieve and maintain the adopted LOS yearly for all schools of each type in each concurrency service area and each individual, school based on projected increases in enrollment; which provides for required modemi?ation;, and which satisfies the SCHOOL -DISTRICT's constitutional obligation to provide a uniform system of free public schoots on a county-wide basis. 4. The SCHOOL DISTRICT's Five-Year Capital Facilities Plan and each annual update shall include a description of each school project, the amount of money to be spent in each fiscal year for the planning, preparation, land acquisition, and actual construction and renovation of each school project which adds FISH capactry or modermZes ex/sting facilities; the amount ofFISH capacity added, if any; and a generalized location map for schools depicted in the SCHOOL DISTRICT's Five-Year Capital Facilities Plan which will be built within each CSA consistent with the SCHOOL DISTRICT's current Educational Plant Survey and with the Future Land Use Elements of each MUNICIPALITY's Comprehensive Plan and the COUNTY's Comprehensive Plan. 5. Upon achieving the adopted Level of Service, the SCHOOL DISTRICT shall maintain the adopted Level of Service standards and ensure that school capacity shall be utilized to the maxtmum extent possible District-wide. When preparing the SCHOOL DISTR/CT's Five-Year Page 15 of 7i Capital Facilities Plan, the SCHOOL DISTRICT shall annually institute necessary program and~or boundary adjustments or provide additional capacity to ensure that all schools of each type in each CSA and each individual school will operate at the.adopted lev*l of service (LOg),tl-a'Ougttout the Five year period. 6. The SCHOOL DISTRICTs Five-Yesr Capital Facilities Plan and each ~nnual update qhall identify the projected eurollment, capacity and utilization percentage of all schools of each type for each CSA and' each individual school for e-~e-h year of thc Plan. The SCHOOL DISTRICT shall annually update the CSA Tables and "The SCHOOL DISTRICT 6f Palm Beach County Six Year Capital Improvement Schedule" when updating the SCHOOL DISTRICT's Five- Year Capital Facilities Plan. 7. The SCHOOL DISTRICT shatl initiate the necessary program and'or boundary adjustments to reflect the new capacity for the schools that are scheduled to be constructed and opened for each year of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. These adjustments shall be consistent with the data and analysis provided in the CSA Tables of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan. B. Ten and Twenty Year Work Program. In addition to the adopted SCHOOL DISTRICT's Five-Year Capital Facilities Plan, the SCHOOL DISTR.[CT shall annually adopt a ten year and a twenty ye. ar work plan based upon enrollment projections and facility needs for the ten yem and twenty year period. It is recognized Page 16 of 71 that the projections in the ten and twenty year time frames are tentative and should be used only for general planning purposes. C. Transmittal. The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT Five-Year Capital Facilities plan alollg with dam and analysis necessary to demonsWate the financial feasibility of the Program. to the Technical Advisory Group {TAG), the MUNICIPALITIES and COUNTY on or before May 31 of each year commencing aier the effective date of this AGREEMENT. D. TAG Review I. By June 30 of each year, the Technical Advisory Group CRAG) established in Section VI of this agreement shall review the proposed SCHOOL DISTRICT Five-Year Capital Facilities Program and report to the SCHOOL BOARD, the COUNTY, and the MUNICIPALITIES on whether or not the proposed SCHOOL DISTRiCT's Five-Year Capital Facilities Plan maintains the adopted Level of Service by adding enough projects to increase the FISH capacity to eliminate any permanent student station shortfalls; by including required mode 'rmzatiou of existing facilities; and by providing permanent student stations for the projected growth in enrollment over each of the five (5) years covered by the Plan. Page 17 of 71 E. Final Adoption. Unless k is delayed by mediation or a lawful challenge, the SCHOOL BOARD shall adopt the SCHOOL DISTRICT's Five-Year Capital Facilities Plan and it sh~ become effective no later than September 15th of each year. F. Material ~Amendment to the School. District's Five-Year Capital:Facilities Plan. 1. The SCHOOL BOARD shall not amead the SCHOOL DISTRICT Capital Facilities Program so as to modify, delay or delete any project in the first three (3) yeats of the Program unless the SCHOOL BOARD determines by written findings, with the concurrence of at least flue Board members: (a) That the modification, delay or deletion of a project is n~quired in order to meet the SCHOOL DISTRICT's constitutional obligation to provide a county-wide uniform system of free public schools or other legal obligations imposed by state or federal law; or Co) That the modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth patterns or is required in order to provide needed capacity ina location that has a current greater need than the originally planned location and does not cause the adopted LOS to be exceeded in the CSA from which the originally planned project is modified, delayed or deleted. G. Amend Comprehensive Plan Once the SCHOOL DISTRICT's Five-Ye. ax Capital Facilities Plan, the annual update, or any materi~l amendment has been adopted by the SCHOOL BOARD. the COUNTY and Page 18 of 71 MUNICIPALITIES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the Capital Improvement Element of their Comprehensive Plans to include, the changes in their next round of amendments. IV. COMPREHENSIVE PLAN AMEND1VflgNTS A. Process for Development and Adoption of Capital Improvements Element 1. The SCHOOL- DISTRICT shall prepare and the COUNTY and the MUNICIPALITIES shall adopt into the Capital Improvements Element of their comprehensive plan "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule"of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan set forth in Section III_ in this AGREEMENT. 2. The COUNTY and MUNICIPALITIES. by adopting "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" in the Capital Improvements Element of the LOCAL GOVERNMENT's Comprehensive Plan, shall have no obligatton nor responsibility for funding the SCHOOL DISTRiCT's Five-Year Capital Facilities Plan. 3. The procedures for the annual update and amendment of the local government's public school capital facilities program in its Capital Improvements Element is set forth in Section III of this AGREEMENT_ Page 19 of 7I B. Process for Development, Adoption and Amendment of the Public School Facilities Element (PSFE). 1. The COUNTY and MuNIc!?: ~ALITZIES ~h,a!l ad0pt ~?ublic:~¢h~l~Fac'flia.'es Element which is consistent with this AGREEMENT and Rule 9J-5.025, F.A.C. The COUNTY and MUNIC[PALITIES shall notify TAG when thig el~.~(: ~ ~d0pt~l al~ v~n the clement becomes effective. 2. In the event it becomes necessary to amead the PSFE, prior to transmitting the amendment to the Department o£ Commtlni~/A~al_r~ pursuant to Section 163.$184, Florida Statutes., the local government wishing to initiate an amendment sh~l! request review through the Intergovernmental Plan Amendment Review Committee ([PARC) in accorc~nee with the "Comprehensive Plan Amendment Coordinated Review" haterlocal Agreement dated October 1, 1993, attached as Exhibit A to this AGREEMENT. The IPARC cleannghouse shall be responsible for distributing the amendment te all PARTIES to this AGREEMENT that are participants m the Comprehensive Plan Amendment Coordinated l~eview haterlocal Agreement for review and (a) If all local governments agree to the amendment, they shall adopt the amendment in accordance with the statutory procedures for amending comprehensive plans. (b) I£ any local goverm~nent does not agree to the amendment, and the issues cannot be resolved between or among the PARTIES, the issue shall be re£erred to mediation Page 20 of 7i in accordance with Section VII of this agreement. In such a case, the PARTIES, agree not to adopt the amendment until the mediation process is completed. 3. Any local issues not specifically required by Statute or Rule in the Public School Facilities Element may be included or nlodified in the Local Government Public School Facilities Element by following the normal Comprehensive plan amendment process. C. Intergovernmental Coordination Element The process for the development, adoption, and amendment of the Inte~overnmental Coordination Element shall be that set forth in Section 163.3184, Florida Statutes. V. SCHOOL CONCURRENCY PROGRAM A. Commencement of School Concurrency Program The School Concurrency Program described in this Article shall commence ninety (90) days alter the effective date of the last required LOCAL GOVERNMENT comprehensive plan elements required for school concurrency. B. Concurrency Service Areas. 1. The PARTIES hereby agree that School Concurrency shall be measured and applied on the basis of twenty-one (21) Concurrency Service Areas (CSA's) as described in the Public School Facilities Element Page 2h of 71 2. The COUNTY and MUNICIPALITIES agree to incorporate and adopt these CSA's and the standards for the modification of the CSA's as established below into the local government comprehensive plans · 3. Any PARTY may.propose a change to the CSA boundaries. Prior to adopting any change, the SCHOOL DISTRICT verify as a result of the cha,~ge tlmt: (a) Adopted level of se~ico slandards will be achieved and maintained for each year of the five year planning-period~ ao.d Co) The utilization of school capacity is maximized to the g/'eatest extem possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 4. The PAR. TIES shall observe the following process for modifying CSA's. (a) At such time as the SCHOOL DISTRICT determines that the change is appropriate considering the above standards, they shall Iransmit the proposed CSA's and data and analysis to support the changes to the MUNICIPALITIES, to the COUNTY and to TAG. Co) COUNTY. MUNICIPALITIES and TAG shall review the proposed amendment and send their comments to the SCHOOL BOARD within 60 days of recetpt. (c) In the event there is no objecuon, the local governments shall amend their plans to reflect the changes to the CSA boundaries in their next amendment round. (d) The change to the CSA boundary shall become effective on the effective date of the last local government plan amendment adopting the change. Page 22 of 7[ C. Level of Service (LOS) To ensure the capacity of schools is sufficient to support student growth at the adopted level of service for each year of the five year planning pe~iodand through the long term planning period, for each CSA, the PARTIES hereby establish the LOS.as set forth below~ The actual LOS (lltiliTation) for all schools of each type in each CSA and each individual school ~hall be established each year by the first student count of the second semester. 1_ Tiered Levels of Service shall be in force pursuant to the Tiered Level of Service Table in the Public School Facilities Element until August 1, 2004. Individmal schools of each typ9 may exceed the Tiered LOS during the period in which Tiered LOS are in effect, provided that the CSA's Tiered LOS is not exceeded. However, each individual school's LOS which exceeds the Tiered LOS, during the time that the Tiered LOS is in effect, shall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table of the Public School Facilities Element. During the time that the Tiered Level of Service Standard is in effect, the SCHOOL DISTRICT shall initiate necessary program and/or boundary adjustments so that the tiered LOS is not exceeded in each CSA. 2. After August I, 2004. the following level of service (LOS) standards shall be established for all schools of each type within each CSA and each individual school: (a) 110 percent of capacity (utilization) as determined by the Florida Inventory of School Houses (FISH); or Page 23 of 7i (b) Up to 120 percent of FISH capacity (utilization/LOS) (test two), for individual schools subject to the results Of School Capacity Study(SCS) undertaken by TAG, in SCHOOL,DISTRICT~, to d,~r~nnin¢ ff,a pmticular school can operate in excess of 110%,capacity. The SCS'nhal! b~ requi_r~d if a school:in tl~ fi_rst student count, of the second semester t~..aches 108 perecnt or above ofFISH capacity, once the Level-of Service in V. B.2. above is achieved. 3. The School Capacity Study(SCS) shall determine if the growth rate w/thin each CSA, causmg a particular school to exceed 110 percent of capacity, is temporary ~)r reflects an ongoing trend affecting the LOS for the Five year planning period. At a minlwtnrn, the Stlldy shall consider: (a) Demographics,in the school's CSA; and (b) Studem population trends; and (c) Real estate trends, e.g. existing redevelopment and new redevelopment; and (d) Teacher/student milos; and (e) Core facility capacity. If the SCS concludes that the school can operate within the FISH guidelines and not exceed 120% LOS (utilization), then that school shall be considered to be operating within the adopted LOS and the CSA Level of Service shall be amended and the local government comprehensive plans shall be amended in the next round of amendments to reflect this additional capacity. Page 24 of 4. Any PARTY to this AGREEMENT may request a School Capacity Study (SCS) based on the criteria provided in paragraph $. above. 5. Any PARTY tO this AGREElvlENT may propose to the TAG a modification of the adopted LOS standard at any time~ Following a review and recommendation. by TAG and concurrence by at least 51% of the LOCAL GO~E~ to this AGREEMENT and the SCHOOL BOARD, the adopted LOS will be modified by addendum to this.AGREEMENT, and each LOCAL GOVERNMENT shall amend its comprehensive plan to reftect this new LOS in the next round of amendments. D. Exemptions 1. Single family lots of record, existing as such at the time School Concurrency implementing ordinance is adopted, shall be exempt from School Concurrency requirements. 2. Any residential development or any other development with a residential component that received final approval of a Site Specific Development Order prior to the commencement date of school concurrency or is exempt from concurrency under a local government's concurrency regulations is considerext vested for that component which was previously approved and shall not be considered as proposed new residential development for purposes of school concurrency. 3. Any new Residential Devetgpment that has filed a complete application for a site specific development order or any amendment to any previously approved site specific Page 25 ~f 71 development order pending prior to the commencement date of the School Concurrency Program shall be exempt from the School Concurrency Requirements. appmx~ed development with a residential component located .within any existing 'Transpormlion Concurrency Exception Area,' as defined in'.Secfion163,3/80(5); Florida Statutes,/s, exempt from school concurrency- E. Local Concurrency Implementing Ordinance I. Within ninety (90) days after the effective date of the last required LOCAL GOVERNMENT'S adoption of the Comprehensive Plan Elements addressing school concurrency, each local government shall adopt an ordinance regulating the issuance of deveiopmem ordem based on the availability of public schools at the required Level of Service. This ordinance shall be consistent with the components outlined in Exhibit B and with the provtsions of th/s AGREEMENT. 2. The COUNTY shall adopt an ordinance which pm,rides procedures for review of municipal development orders and COUNTY unincorporated development orders. (a) In the event that any participating MUNICIPALITY does not comply w/th E. 1. above by adopting an ordinance consistent with Exhibit B and this AGREEMENT within ninety (90) days of the effective date of the Comprehensive Plan Elements, that government shall Page 26 of 71 be deemed to have "opted in" to the COUNTY ordinance in E.2. above and agrees to be bound by the terms and provisions therein until it adopts its own ordinance. (b) At any time any LOCAL GOVERNMENT may opt out of the COLrNTY's implemenfmg ordinance through implementing its qwn ordinance consistent with the requirements of Exhibit B. F. School District Review of New Residential Development Proposals The SCHOOL DISTRICT agrees to review and make school concurrency determinations, for a proposed residential development for which an application for a-development order is submitted. The review and determination are a four-part process wkich: a) accepts the residential development application; b) calculates the development's projected students; c) compares the development's students to projected students within the Five-Year Capital Facilities Plan for Level of Service; and c) xssues a determination letter. The complete Deveiopmem Review Process shall be as follows: 1. [ntake Application - Requirements for Proposed Residential Development: a) The request for a school concurrency determination for a proposed residential development shall be submitted by either the applicant or the [ocat government, whichever is specified in the local government's concurrency ordinance. b) The applicant of the proposed development shall provide the following: location, the build out time frame, and the number, type and size of all the residential units anticipated ro be occupied each calendar year Page 27 of 71 The SCHOOL DISTRICT agrees to log in by date and time stamp every completed application and agrees that each application sliall be processed in the order they are received. d) The SCHOOL DISTRICT agrees lhat it shall review every application and issue its det~._.,:~nation to the applicant within flffeeal (15) working days of receipt 0ftbe application. e) The SCHOOL, DISTRICT may charge the~ applicant a non-refundable application fee payable to the SCHOOL DISTRICT to meet ,the cost of review. 2. Calculate Students - COnversion of Proposed Residential Units to Students: To determine the proposed development's projected students, the proposed development' s projected number and type of residential units for each year shall be converted into projected students £or AJ schools of each type within the specific CSA using the SCHOOL DISTRICT's Student Generatio~ Multiplier as shown in EXHIBIT D of the this AGREEMENT. 3. Determine Utilization - Analysis of EnrolLment to Capacity for Five years: The SCHOOL DISTRICT shall create a Development Review Table (DRT) (shown below) for each CSA, and will use the DKT to compm-e the projected students fi-om proposed residential developments to the CSA planned growth, enrollment, capacity and utilization (LOS) over the Five year period. The Development Review Table produces a calculation of the Level of Service for each school type in each CSA. The Figures in the Development Review Table are explained below. Page 28 of 71 Figures (1), (2) and (3) am numbers obtained from the Concurrency Service Area Tables (CSA) as shown in the School District Five-Year Capital Facilities Plan. The Figures show the CSA's projected 1) enrollment. 2) capacity and 3) utilization. Figure (4) is the projected number ofnew resideatial units in each CSA obtained from the snmml disagg~gation of residential units coumy-wide, based on historic absorption rat~-~ This is established from the Palm Beach County Projected Units Table, as shown in Exhibit E of this AGREEMENT as amended annually. Figure (5) is the number of students expected from projected new units (Fig.4) multiplied by the student generation multiplier based upon a three bedroom, two-bath house. The multiplier used is the SCHOOL DISTRICT's Student Generation Multiplier Table - shown in Exhibit D of this AGREEMENT. Figure (6) is a list of the new residential developments in the order that each application is received with.in the CSA. Figure (7) is a list of the number of annual units expected from each residential development. Figure (8) is the list of projected students from new residential development, calculated by type of unit and by school level fotmd in the SCHOOL DISTRiCT's Student Generation Multiplier Table shown in Exhibit D of this AGREEMENT. Figure (9) is the total number of students per school type from the proposed residential developments. Page 29 of 71 Figure (10) is the number of students which is the difference between the total students from new development~ (Fig.9) sublracted from the expected projected students from new umts (Fig.5). If the nmber is positive, the level of service (Fig.3) does not change. Figure (11) is the'revised student enrOllment by school type determined by the ~tifference in (FigA 0) if it is a m~mlive number;, that humber ot~ smdentsshall be ~dtt~d to the projected student enrollment (Fig. l). Figure (12) represents the Level of Service calculated and revised, if needed. Figure (13) represents the development from adjacent an CSA (if required), recorded ir/the order that each application is received. Insert "Development Review Table" See page 30a Attached Page 30 of 71 Development Review Table Example For' A Single Year ~- ~-J O w < oo YEAR , ', Existing?roi. (~1)-~ 2,849 3i195 r 22SF 4 ~ A ;~ ' o.~-- D . 20eSF: 34 ;!Z o 65SF ! 11 ~.--I ~ -W- F 9OMF 5 z~ Ne.g LOs i '~' 2.849 (~.~2 i) ' 89% 104 " Remaining Student ;Availability~-../_ 14~ : E×[St ng P'roj: '(I A 22SF 3 "l.il E O' 24 o_ { · 200SF~ · --1 o 55SF ~ > Adjacent ~~ g~9 ..~ ! Remaining Student Availability A ~ 22SF 5 '~ IB-- 100SF 23 mi (~)-~ C 7 ~ 193SF ~ } 44 ~ D 200SF 46 % o -- E 65SF 15 ~ ~ CSA [ ~ ~ F 90MF 14 New LOS 4,034 ( 12 ~ ~ 97% ~ 148 Remaininq Student Availability'~' (~, 10 H/OA TAANP 5 I/DOCICONCCRNCYISECTIONIIN TE RLOCFDE /REV3C 4. The Three Year Rule If the level of service is exceeded, and new capacity in the CSA will ~ in place or · Cap .... ill ~..e thrl~ y~r~ of~th SchOOl ltleS and~r actualCOnstmction first e District's F~ve-Yeav~ ltal Fac~l (a) ff~, projected student growth fi-om the residential development causes the adopted LOS to be exceed~:~i~ .the particular'~CSA and that type of school and cap .ac~ ity exists in one.or more comiguous CSAJs, the development shall receive a letter, of determination of conCUrrency. In conducting' the review, the SCHOOL DISTRICT shall first use the adjacent CSA with the most available cap~city to evaluate projected enrollment, and if necessary shall continue m the CSA with the .next most available capaciry~until all adjacent CSAs have been evaluated or the letter of determination of concnrrency is issued. CO) If a proposea new development in a CSA which has been used to provide capacity for a develt~pment ha an adjacent CSA muses the LOS m b~ exceedec[, the development in the CSA which used the adjacent CSA's capacity will be m-evaluated by using the adjacent CSA with the next h/ghest capacity until capacity has been identified or all adjacent CSAs have been evaiuateck If there is capacity in an adjacent CSA, projected enrollment will be moved from the originally used CSA to the adjacent CSA with the next highest available capacity. Page 31 of 71 (c) Example of Adjacent CSA Use CSA lg CSA 17 Most capacity CSA 19 No capacity CSA 20 2nd most capacity : CSA 21 (1) The development in CSA 20 was evaluated using the adjacent CSA with the most capacity for high school students (CSA 19). (2) Later, a new development proposal in CSA 19 is submitted for evaluation and there is not enough high school capacity in CSA 19, or adjacent CSA's 17 and 18. (3) The previously approved development in CSA 20 will be re-evaluated based on capacity in CSA 21. If the capactty exists in adjacent CSA 21 (2nd highest capacity), the projected enrollment from the previous development in CSA 20 will be moved from CSA 19 and added to CSA 21. (4) The development in CSA 19 will be re-evaluated based on the new data for that CSA. 6. Issue Letter of Determination of Concurrency Letter of Determination o f Concurrency shall be issued if the impacts of the proposed development's student growth does not cause the adopted Level of Service (or Tiered LOS) to be exceeded, the Letter of Determination of Concurrency shall indicate the development to be tn Page 32 of 71 compliance. If the development is not in compliaace, the Letter of Determination of Concurrency shall detail why the development is not in compliance and shall offer the applicant the opportunity 7. Mitigation (a) Mitigation shall be allowed for those residential development proposals that the SCHOOL DISTRICT determines carmot meet adopted level of service standard~. The applicant shall be allowed to enter a ninety (90) day negotiation period with the SCHOOL DISTRICT in an effort to mitigate the impact from the development- Prior to the approval of the mitigation plan, the local government sh~II have the oppommity to review the mitigation options which shall be limited to those the SCHOOL DISTR/CT recognizes and aSsumes the responsibility to operate, with the exception of charter and private schools, and which will maintain the adopted level of service standards for the first Five years from receipt of the school concurrency Determination Letter. Mitigation options must consider the SCHOOL DISTRICT's educational delivery methods and requirements, and the State Requirements for Educational Facilities (S.R.E.F.) and may include: (l) Donation of buildings for use as a primary or alternative learning facili .ty: and/or or (2) Renovation of existing buildings for use as learning facilities; (3) Consh~uction of permanent student stations or core capacity:.; O[ Page 33 of 71 (4) For schools contained in the adopted SCHOOL DISTRiCT's Five-Year Capital Facilities Plan only, upon agreement with the SCHOOL BOARD, the developer may build the school in advance of the lime set fomh in the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. The SCHOOL BOARD shall enter into an agreement to reimburse developer at such time as the school would have been funded in the SCHOOL DISTRICT's Five-Year Capital Facilities Plan; or receive impact fee credit. (5) (6) (7) Charter School; or Private School; or For mitigation measures 12,3 and 4 above, the developers shall (8) Upon conclusion of the 90 day period, a second Letter of Determination of Concurrency shall be issued. If mitigation is agr'eed to, the new Letter of Determination of Concurrency shall fund the development is m compliance and shall be conditioned on those mitigation measures agreed to by the developer and the School Board. The mitigation measures shall be memorialized in an agreement between the School District and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. If mitigation is not agreed to, the new Letter of Determination shall detail why any mitigation proposals were rejected and detail why the development is not in compliance. Page 34 of 71 G. Term of School Concurrency A Letter of]Determination for School Concurrency issued by the SCHOOL DISTRICT shall be valid for one year ~-the date of issuance.!O~ce .the Local Government Site Specific Development Order is issued, the conc~u~u~ determinati0g sh, al! run with the Devolopment,Order. 1. School concurrency shall b~ suspended in all CSA's upon the occummce and for the duration of the following conditions: (a) The SCHOOL DISTRICT gi~tes written notice m the COUNTY and the MUNICIPALITIES oftheoccurrence, of art"Act of God" as provided in this AGREEMENT; or (b) The SCHOOL BOARD does not adopt an update to its SCHOOL DISTRICT's Five-Year Capital Facilities Plan by September 15th of each year consistent with the requirements of this AGREEMENT; or (c) The SCHOOL DISTRICT's adopted update to its Capital Facilities ?ingrain Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service for all schools of each type for each CSA and each individual school as determined by TAG based on dam provided by the SCHOOL DISTRICT; or (d) The SCHOOL DISTRICT's Five-Year Capital Facilities Plan is determined to be financially infeasible based on an eval,,~rion of ali funds available to the SCHOOL DISTRICT for capital improvements as determined by the State Depar~nent of Education; or as defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Page 35 of 71 Element not in compliance as not being financially feasible, by the Department of Communky Affairs pursuant to Section 163.3184, Florida Statutes; or. by a court action or final admini~ve action; or e) If concurrency ~s suspended in one-third or more of the CSA's pursuant to G.2. oft_his Section below. 2. School Concurrency shall be suspended within a particular CSA, upon the occurrence and for the duration for the following conditions: (a) Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the SCHOOL DISTRICT's Five-Year Capital Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSA's for that type of school; or (b) The SCHOOL DISTRICT does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service [LOS); or (c) Where the School Board materially amends the first 3 years of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan in accordance with Section III G., and that amendment muses the Level of Service to be exceeded for that type of school within a CSA. concurrency will be suspended within that CSA and the adjacent CSA's only for that type of school. 3. If the Program Evaltuation Report in accordance with SectionVLM., below, recommends that concurrency be suspended because the program LS not working as planned. concurrency may be suspended upon the concurrence of 33% of the Parties to this AGREEMENT. Page 36 of 71 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once TAG determines the condition that caused the suspension has been remedied or the Level of Ser~tce for that year for the affected CSA s have been achie ed. VI. MONITORING A. Establishment of the Technical Advisory Group (TAG). The PARTIES agree that-the SCHOOL DISTRICT's Five-Year Capital Facilities Plan and the ten and twenty year work programs will be monitored by an independent Technical Advisory Group (TAG) to be established by the PARTIES of this AGREEMENT no later than 90 days from the date this AGREEMENT becomes effective. B. Purpose of the TAG. The purpose of the TAG is to function as a resource for the SCHOOL BOARD, the COUNTY and the MUNICIPALITIES and to make recommendations including but not limited to the following: 1. 2. The SCHOOL DISTRICT's Five-Yesr Capital Facilities Plan. Ten and twenty year work programs. It is recognized that the 10 and 20 year work programs are tentative and will be used for general planning purposes. Schools that lrigger a School Capacity Study (SCS). CSA boundaries. SCHOOL DISTRICT Management reports Page 37 of 71 6. Operation and effectiveness of the concurrency program C. Membership of the TAG. 1. The TAG will consist of iive (5) members with relevant special knowledge or experience and shall include the following: (a) A Certified Public Accountant nominated by the FAU College of Business. Co) A general contractor nominated by the Local Chapter of the AGC. (c) A demographer nominated by the FAU College of Geography. (d) A planner nominated by the Treasure Coast Chapter of the American Planning Association. (e) A business person representing the for-profit private sector nominated by the EconOmic Council of Palm Beach County. 2. The parties expect th~ nominating agencies to make the initial recommendations no later than 30 days from~ the effective date of this agreement and other nominations no later than 60 days prior to the expiration of the term of membership. 3 Interim vacancies shall be filled as quickly as possible. 4. TAG members shall be automatically approved within 60 days of the nomination unless vetoed by the SCHOOL BOARD, the League of Cities Board of Directors or the Board of COUNTY Commissioners 0BCC). Page 38 of 7I D. Terms of Membership The initial terms of TAG members shall commence 90 days from the effective date ofthi~ AGREEMENT~ and bea.5 follows: . . Two Year Terms - The CPA and the General Contractor and the business Three Year Terms - Demographer, and planner Each succeeding appointment shall be for a t~m of three years. Upon the death, or resignation, of a member, the nominating body will propose a successor for the unexpired term, or a full term, as the case may be, and will be accepted unless vetoed per Section C.2. above. E. Election of Chair and Organiza~on Meeting 1. At the first meeting of the TAG and every year thereafter, on or about the anniversary of the first meeting, the members of TAG shall hold an orgamzational meeting. 2. At the orgaxfizational meeting, the members shall elect a chair and vice-chair who will serve one year terms. There shall be a limit of two consecutive terms the chair arid vice- chair may serve. 3. The TAG has the authority to enact their own roles of procedure. F. Quorum and voting No meeting of TAG shall be called to order, nor may any business be transacted without a quorum consisting ora majority of the members being present. All actions shall requLre a s~mple majority of the members then present and voting. In the event ora ue vote. the proposed Page 39 of 71 motion shall be considered to have failed. No member shall abstain from voting unless there is a conflict of interest pursuant to Florida Statutes. G. Meetings open to ~the public All meetings shall be open to: the public. H. Compensation The members of TAG .qhail receive no compensation for their services. I. Staff Support for the TAG The P~kR. TIES will direct their smff-~,to cooperate with the TAG in performance of its duties under this AGREEMENT. Clerical support for meetings of TAG will be provided by the SCHOOL DISTRICT. J. Management Reports By July 1st each year, the School Superintendent shall submit an manual management report to the SCHOOL BOARD and TAG detailing the status of the SCHOOL DISTRICT's implementation of its adopted Five-Year Capital Facilities Plan. The rrmmagement report wilt coDmln reports on the status of each capacity or modernization project in the SCHOOL DISTRICT's Five- Year Capital Facilities Plan- including any related audits and a schedule of the proposed commencement and completion date of ail programmed activities. Revisions to projected costs for unbuilt projects and the projected costs compared to actual costs of each conslracted project shall also be included_ Page 40 of 71 Enrollment Reports The SCHOOL DISTRICT Superintendent shall submit a yearly report on the first student count of the second semester enrollment of all schools of-each type irt e. ach CSA and each individual school by February 15th. L. Monitoring Reports The TAG shall review the information submitted by the SCHOOL Superintendent and shall compile and submit a report annually on the following: 1. The accuracy of previous pupil enrollment projections compared with actual enrollment. actual growth. 2. The accuracy of previous population projections of each CSA compared with 3. The accuracy of projected costs of school conslruction projects compared with 4. The accuracy o f projected school construction schedules compared with actual performance. All annual reports of the TAG shall be submitted to the MUNICIPALITIES. the COUNTY and the SCHOOL BOARD by August 1. Any interim TAG report shall be submitted to the parties within five days of completton. Page 41 of 71 M. Program Evaluation Report 1. On or before August 1, 2002, or at the request of any party to this AGREEMENT, TAG shall,initiate an evaluation,of the effectiveness of the pr0gram~ This evaluation shall consider but not be limited, to the following: (a) Number of school concurrency suspensions by school Sype (b) Duration of school concurrency suspensions (c) Ability to achieve and maintain the adopted LOS (d) Timeliness of parties'response required by this AGREEMENT. (e) Operation and effectiveness of the concurrency program. 2. TAG shall issue a report on the findings and recommendations to all PAR.TIES by November 1, 2002, and every 2 years thereafter; and within 90 days after the request for review by any party to this AGREEMENT. The recommendations shall include, but not be limited to, suspension and changes to the following: (a) (b) (c) (d) (e) (0 (g) Joint Planning and Coordination by PARTIES to this AGREEMENT LOS Standards Interlocal AGREEMENT Goals, Objecuve and Policies CSA boundaries Implementing Ordinance SCHOOL DISTRICT's Five-Year Capital Facilities Plan. Page 42 of 71 N. Conflict of Interest 1. General. No TAG member shall have any interest, financial or otherwise, direct or indirect, or, engage inmay brininess transaction.or P~ofe~ional~ activities, or incm' .any obligation of any-nature which is in substantial comelier ~th the properdiseharge of duties as a member of the TAG. 2. Implemmatafior~ To. implement this policy and strengthen the faith and confidence of the citizens of palm Beach County, members of the TAG are directed: (a) Not to accept anygift, favor, or service that might reasonably tend to improperly influence the discharge of official duties. Co) To make known by written or oral disclosure, on the record at a TAG meeting, any interest which the member has in any pending matter before the TAG before any deliberation on that matter. (c) To abstain from using membership on the TAG to secure special privileges or exemptions. (d) To refrain from engaging in any business or professional activity which might reasonably be expected to reqrare disclosure of confidential information acquired by membership on the TAG not available to members of the general public, and refrain from using such information for personal gain or benefit. (e) To refrain fiom accepting employment which might impair independent judgment in the performance of responsibilities as a members of the TAG Page 43 of 71 (f) To refrain from transacting any business in an official capacity as a member of the TAG with any business entity of which the member is an officer, director, agent or member, or in which the member owns a controlling interest. (g) To refrain from participation in any matter in which the member has a personal investment which will create a substantial conflict between private and public interests. VII. MEDIATION OF DISPUTES The PARTIES acknowledge that the intergovernmental coordination provisions of Section 163.3177(6)(h), Florida Statutes, may not eliminate all disputes between the PARTIES tc this agreement and such disputes may affect the SCHOOL DISTRICT and the land use planning authority of the COUNTY and the MUNICIPALITIES. In the case of the negotiation, adoptaon, and implementation of any provisions of this interlocal agreement or amendment thereto, COUNTY. MUNICIPALITIES and the SCHOOL DISTRICT agree that those PARTIES in opposition shall attempt an informal resolution of the concerns raised. In the event objections cannot be resolved within 20 days or such other time as may be mutually agreeable, the PARTIES shall have the right to petition the Court in accordance with the provisions of Article IX.C.. or submit their disagreement for mediation under the protocols of the Paim Beach County Comprehensive Plan Amendments Coordinated Review Interlocal Agreement of October. 1993, as specified in Article X therein, attached as Exhibit A to tiffs AGREEMENT. Page 44 of 71 If the mediation process is irretrievably deadlocked after three meetings, the PARTIES will submit their dispute to arbitration. The arbitrator will be selected by the Executive Committee of the Palm Beach County Issues Forum within 15 daY~af~er ~e,thi~d ~dia~on meetin$, and ~bitrauon will commence within 30 days after the ~rd mediation mee ~'~t~. ~g., The arbitrator's decisions will be binding on thePARTtES, and the costs of.arbitratiOn will be.~b~me equally by the PARTIES. VIII. COORDINATED PLANNING A. The Coordination of Planning and Sharing of Information The PARTIES recogmze that sound planning for both educational facilities and student growth emanating from existing, redevelopment and new development of residential property reqmres adequate and accurate data and information and that effective coordination of these two planmng functions requires that all of the PARTIES have access to and utilize the same data and informmion. Accordingly, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT agree to share and coordinate information relating to existing and planned public school facilities, proposals for development and re-development, infrastructure required to support public school facilities, and population projections, including student population projections, which are utilized and relied on by the PARTIES for planning purposes. B. Population Projections The SCHOOL DISTRICT shall utilize the COUNTY'S population projections derived from the University of Florida Bureau of Economic and Business Research (BEBR) medium Page 45 of 71 population projections for permanent resident population, which include municipal and unincorporated areas, as the basis for student population projections. The COUNTY shall.convert the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated;and unincorporated Palm Beach County into each CSA using BEBR's .annual estimates by municipality, persons-per- household figures, histori6 growth rotes and development potential considering the adopted Furore Land Use maps of all local government Comprehensive Plans. These are shown in Exhibit E of this agreement ("Projected Units Table") which shall be amended anntually. The SCHOOL DISTRICT shall evaluate the disaggregated projections prepared by the COUNTY, considering the population projections contained in each local government Comprehensive Plan, and the State Department of Education Capital Outlay Full Time Equivalent (COFTE) student projections, making modifications as necessary, and utilizing appropriate models and methodologies. The SCHOOL DISTRICT shall develop and apply the Student Generation Multipliers as shown tn EXHIBIT D of this AGREEMENT for all schools of each type to the projected residential units, considering past U-ends within specific geographic areas, in order to project school enrollment, consistent with the requirements of Chapter 235, Florida Statutes. All PARTIES agree to the continued use of this methodology, wkich has been used by the SCHOOL DISTRICT since 1996, and, based upon its historical accuracy, consider its results to be the best available dat~ Page 46 of 71 The SCHOOL DISTRICT. the COUNTY and the MUNICIPALITIES cormmt to continued efforts to improve this methodology and enhance coordination with the plans of the SCHOOL DISTRICT~ and local'govemments: Population and' student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the MUNICIPALmES and the COUNTY is re. fleeted, in the updated pwjectious. The revised projections and the variables utili?ed in makinE the projections ~ha!l be reviewed by all sjffaatories thro-gh the Intengovemmental Plan Amendmant 'Review Committee 0PARC). ProjeCtions shall be especially revisited and refined with the results of the 2000 Census. C. Local Government Data Collection On April 1 and October 1 of each year, local governments shall provide the SCHOOL DISTRICT with the information regarding the Certificates of Occupancy issued for new residential umts. The actual students generated from ne~v residential units will be used in the data and analysis for the annual update of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. D. School District Data Publication The SCHOOL DISTRICT shall publish data concerning school capacity, including the enrollment of each individual school based on the first count of the second semester, the actual capacity of each school at the adopted level of scrvice, the enrollment and capacity for ail schools of each type in each concurrency service area_ The SCHOOL DISTRICT shall specifically update the data upon meeting the following conditions: no later than fifteen (I 5) working days after the annual Page 47 of 71 update of the SCHOOL DISTRiCT's Five-Year Capital Facilities Plan; with the first count of the second semester each year;, as new capacity becomes operational; when a SCS is approved; or as concurrency determinations are kssued. E. Multiplier Publication Sixty (60) daysprior to the implementation of concurrency the SCHOOL DISTRICT shall publish demographic multipliers. These multiplie~ will be used for the te~m of thi~ agreement to determine the number of elementary~ middle and high school students, based on the number and type of residential units l~om the proposed development. These maltipliers must be'supported by data and analysis based on existing em-ollment for each type of residential unit and will be updated or re-verified by the SCHOOL DISTRICT upon renewal of this agreement. Proposals for Development, Redevelopment and Infrastructure required to Support Public School Facilities On or before Jan~ 1 of each year, for the SCHOOL DISTRICT's consideration and utilization tn preparing its annual update of thc SCHOOL DISTRiCT's Five-Year Capital Facilities Plan the COUNTY and the MUNICIPALITIES shall provide to the SCHOOL DISTRICT a report setting forth the COUNTY'S and the MUNICIPALITIES' respective projections for development, and redevelopment, in the forthcornmg year. In addition, before January I of each year the COUNTY and the MUNICIPALITIES shall provide to the SCHOOL DISTRICT a copy of any amendments to their respective five-year road plans, five-yenr utility plans, and five-year planq for parks, fire protection and public safety and any other plans they have in their possession affecting infrastructure. Page 48 of 71 G. School Siting 1. Unless a local GOVERNMENT has or does eater into a separate Interlocal Agreement relating to school siting, the following provisions shall be followed in school siting the provisions educational facilities with-each MUNtCII~AL~ :~:~ ~ CO~, m a school sim is proposed for construction or sit~'acquisition within <.the.SChOOL DISTRICT's Five-Year Captml Facilities Plan in accordance with.~ ,Chapters 235-,~d' !63 of the Florida Statutes. This process shall assist in determining possible sites for the ,p~op~s~ schogls, and the Consistency with the Comprehensive Plan, applicable land development regulat!.'ons, the 9ecessary existing or planned infrastructure, and coordination of public facilities such as parks, libraries, and community cemers. 3. Not less than 90 days prior to adoption of the initial Five-Year Capital Facilities Plan and any amendments or yearly updates, the SCHOOL DISTRICT shall coordinate with the COUNTY and each MUNICIPALITY in which a school is proposed, for construction or expansion under the proposed plan to determine the consistency of one or more proposed sites with the local government's comprehensive plan and the availability of necessary or planned infrastructure and to coordinate the proposed location with public facilities such as parks, libraries and commumty centem. Alternative sites may be proposed by thc LOCAL OOVERNMENT for the consideration of the SCHOOL DISTRICT. Page 49 of 71 4. At least 60 days prior to acquiring or leasing any property that may be used for a school site, the SCHOOL DISTRICT shal} provide written notice of the proposed acquisition to the LOC3.L GOVERNMENT in whose jurisdiction the proposed site is located. This written notice from the SCHOOL DISTRICT shall include a school site acquisition form, aerial map, location map and proposed acquisition and construction completion schedule. As quickly as possible'but no later than 45 days from receipt of this notice, the LOCAL GOVERNMENT shall notify the SCHOOL DISTRICT if the proposed site is consistent witl~ the land use categories and policies of the LOCAL GOVERNMENT's compr~tiensive plan and zoning district and provide comments regarding the feasibility of each of the sites submitted by the SCHOOL DISTRICT_ These comments should address the availability of necessary and planned infrastructure and the collocation of the proposed school facility with other public facilities such as parks, libraries and commtmity centers. The SCHOOL DISTRICT shall include these comments in their rating system to determine the best overall site for acquisition. This preliminar~ notice does not constitute the local government's determination of consistency required by Section 235.193 (5), Florida Statutes. 5. The SCHOOL DISTRICT shall submit a request for determination that a proposed site for a public educational facility is consistent with the LOCAL GOVERNMENT's comprehensive plan and land development regulations and an application for site plan approval as early in the design stage as feasible, but no later than 90 days prior to the proposed construction commencement date of a new public educational facility or modernization of an existing_public educational facility. The SCHOOL DISTRICT application shaI1 include the items required tn Page 50 of 7[ paragraph 4, a site plan meeting the requirements of the LOCAL GOVERNMENT's land development regulations to the extent the land development regulations are not in conflict with the all of the public.education fa(fiity ia consist.mt with the local c0~P~enSiv,e,plan an0_ · local_, .~ la~a~ drdeVelopmem· . ~. regulalio_~ns and if the site plan is approved. (a) If the LOCAL GOVEKNME2~ informs the SCHOOL DISTRICT that a proposed site is not consistent with the land use categories and policies of the LOCAL GOVERNMENT's comprehensive plan, the SCHOOL DISTPdCT shall not proceed to construct any new or expanded public educational facility on the site unless and until the LOCAL GOVERNMENT comprehensive plan is amended to make the proposed facility consistent with the LOCAL GOVERNMENT comprehensive plato If the site is consistent with the comprehensive plan's future land use policies and categories in which public schools are allowable uses, the LOCAL GOVERNMENT may not deny the development of the site for a public educational facility but may impose reasonable development standards and conditions through the site plan approval process in accorclanc~' with Section 235.34(1), Florida Statutes. Page 51 of 71 Co) The LOCAL GOVERNMENT may not deny the site plan based on the adequacy of the site plan as it relates solely to the needs of the educational facility. The LOCAL GOVERNMENT's review may consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare, and effects on adjacent'property. Standards and conditions may not be imposed which conflict with those e~tablished in Chapter 235, Florida Statutes, orthe State Uniform Building Code, unless mutnally ageed by the SCHOOL DISTRICT and the LOCAL GOVERNMENT. The parties agree that the following criteria shall be applied in evaluating the site plan: (I) The proposed site and education facilities shall, at a rnlnimnm, meet the State Requirements for Educational Facilities (SREF), plus a ten percent (10%) capacity flexibility allowance in conformance with the SCHOOL DISTRICT's adopted level of service. (2) The site plan shall demonstrate that there are no adverse impacts on sites listed in the national Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. (3) The site plan shall provide sufficient space to meet on-site parking and on-site traffic circulation requirements to satisfy current and projected site generated vehicular demand. (4) There shall be adequate setbacks, buffering and design controls to eliminate or decrease any negative externalities, such as noise, from affecting neighboring developments tn accordance with SREF standards, at a minimum. Outdoor recreational facilities, Page 52 of 71 including stadiums and similar support facilities shall be located and buffered on the proposed site to minlmi:~ impacts on the adjacent properties. (5)~ Th~10~afion, of thee prop0~edjsite ~ball:comp[y with a{l provisions of specific school types m ensure-they are consistent ..with the LOCAL GOVERNMENT's comprehensive plan: (i) For elementary schools, special education facilities, a~d alternative education facilities, proposed school sites shall have direct access to at least a minor collector road or as other0vlse approved by the LOCAL GOVERNMENT after determmatton of acceptable traffic impacts. (ii) For middle schools, the proposed site shall have direct access to at least a minor collector road or as otherwise approved by the LOCAL GOVERNMENT after determination of acceptable traffic impacts. (iii) For high schools, the proposed location shall have direct access to at least a major collector road, or as otherwise approved by the LOCAL GOVERNMENT after determination of acceptable traffic impacts. (c) Any facility not used exclusively for educational purposes and any non- educational uses are subject to the LOCAL GOVERNMENT's land development regulations and such facility or use shall not occur unless approved pursuant to those regulations. Page 53 of 71 (d) Nothing herein shall preclude the SCHOOL DISTRICT and the LOCAL GOVERNMENT from developing alternative development standards based on mutually acceptable performance criteria, that would meet the intent of the provisions listed above. H. School District Review Of Future Land Use Element Plan Amendments. 1. Each LOCAL GOVERNMENT that is nota participant in the Comprehensive Plan Amendment Coorcllna*ed Review Interlocal Agreement dated, October 1993, agrees to submit to the SCHOOL DISTRICT at least 30 days prior to its transmittal hearing an executive sununary of any amendment to the Future Land Use Element that modifies or adds any residential designation along with a copy of the plan amendment and supporting material and the date, time, and place of the transmittal hearing. Each LOCAL GOVE~ that is a participant in the 'Comprehensive Plan Amendment Coordinated Review Interlocal Agreement' shall follow the procedures of that AGREEMENT. 2. The SCHOOL DISTRICT shall review the information submitted and shall evaluate the impact of the proposed amendment on the Public School Facilities Plan, the consistency of the proposed plan amendment with the SCHOOL DISTRICT's Five-Year Capital Facilities Plan, the impact on the adopted Level of Service standard for public schools, and the projected timmg and delivery of public school facilities to serve any residential development authorized by the Comprehensive Plan Amendment. 3. Within 20 days of receipt, the SCHOOL DISTRICT, shall submit to the COUNTY or affected MUNICIPALITY a written repor~ setting forth the findings and Page 54 of 71 recommendations of the SCHOOL DISTRICT, and specifically semng forth the capacity, or lack thereof, of existing facilities or planned' facilities in the current SCHOOL DISTRICT Capital adopted Level of Service. 4. The COUi~ or MUNIC.~I~.ALITY qhall consider the report and recommendations of the SCHOOL DISTRICT at its transmittal hearing, and if the COUNTY or MUNICIPALITY decides ID trannmit the propg,~ plan amendment to the Department of Commullity Affaks, the COUNTY or MUNICIPALITY shall include the written report and recommendations of the SCHOOL DISTRiCT in its ammmittal package. 5. In considering whether to adopt any Comprehensive Plan Amendment providing for residential development, the COUNTY and the MUNICIPALITIES agree to consider the factors set forth in the written report of the SCHOOL DISTRICT. 6. The COUNTY and the MUNICIPALITIES agree to abide by the procedures set forth in subparagraphs 1 through 5 above, in considering any proposed amendments to the Future Land Use Element of their respective plans. IX. SPECIAL PROVISIONS A. SCHOOL DISTRICT Requirements. The PARTIES acknowledge and agree that the SCHOOL DISTRICT is or may be subject to the requirements of the Florida and United States Constitutions and other state or federal Page 55 of 7i statutes regarding the operation of the public school system. Accordingly, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT agree that this AGREEMENT is not intended, and will not be conslPaeck to interfere with, hinder, or obslxuct in any manner, the SCHOOL DISTRICT's constitutional and statutory obligation to provide a uniform system of free public schools on a county-wide basis orto require the SCHOOL DISTRICT to confer with, or obtain the consent oft. he COIJNTY orthe MUNICIPALITIES, asto whether that obligation has been satisfied. Further, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT agree that this-AGREEMENT is nor intended and will not be construed to impose any duty or obligation on the COUNTY or MUNICIPALITY for the SCHOOL DISTRICT's constitutional or statutory obliganon. The COUNTY and the MUNICIPALITIES also acknowledge that the SCHOOL DISTRICT's obligations under this AGREEMENT may be superseded by state or federal court orders or other state or federal legal mandates. B. Land Use Authority The PARTIES specifically acknowledge that each LOCAL GOVERNMENT is responsible for appromng or denying comprehensive plan mm6ndments and development orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority to any other party_ Page 56 of 71 C. Specific performance The COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT shall have the right to pe~i~ 'tiou~th¢~t C0urt fo~ .th~ F~ifteenth .~u,~ici~ Circuit fq~ the State ?~Fl~fida for specific X. ACTS OF GOD AND OTlCl~R EXIGENT, CIRCUMSTANCES BEYOND THE CONTROL OF 'rgfE SCItOOL BOA, Pal) The COIJNTY and the MUNICIPALITIES acknowledge that the SCHOOL DISTRICT, in irs operation ofthe public school system, is sub_iect to events, circ~Ces, and external forces and authoriti~ beyond its control. Examples are hurricanes or other natural disasters which destroy school facilities, other emergency situations affecting the operation of the public school system, state court judgments concerning the SCHOOL DISTRICT's State Constitutional or Statutory obligation to provide a uniform system of free public schools, and school desegregation orders or compliance agreements involving Federal Courts or the Office of' Civil RIghts, Uhited States Department of Education. Such events or actions may prevent the SCHOOL DISTRICT from complying with the provisions of this AGREEMENT and may require the SCHOOL DISTRICT to deviate from or modify the SCHOOL DISTRICT's Five-Year Capital Facilities Plan agreed to and approved by the COLrNTY, the MUNICIPALITIES and the SCHOOL DISTRICT. The cOUNTY and the MUNICIPALITIES hereby agree that such noncompliance, deviations, or modifications will not be Page 57 of 71 deemed a violation of this AGREEMENT and that the provisions of suspension will pertain to those XI. STANDING AND THIRD PARTY BENEFICIARY RIGItTS The PARTIES hereby acknowledge and agree that it is not the intent of any party to this AGREElvlENT to confer andy rights on any persons or enlitie~ other than the PARTIES to thi~ AGREEMENT. No person or entity not a party to this AGRERMENT shall have any claim or cause of action againq either the COUNTY, the MUNICIPALITIES or the SCHOOL DISTRICT for the failure of any party to perform in accordance with the provisions of this AGREEMENT except as may be provided by law. AMENDMENT, WITI-LDRAWAL AND TERMINATION A. Amending the AGREEMENT This AGREEMENT may be amended only by wntten agreement of 51% of the PARTIES. B. Withdrawal from AGREEMENT Any PARTY that is no longer required by law to be a parry to this AGREEMENT may w~thdmw from the AGREEMENT by sending written notice to the other PARTIES to the AGREEMENT and the DeparUnent of Corranuaity Affairs (or its successor agency) at least sixty (60) days prior to the effective date of the withdrawal. Page 58 of 71 C. Additional Participants Any MLrNICIPALITY that-becomes a required party after the effective date of this agreement may become a party to this ag~ement upon execution of a Unilateral Participation Agreement in such form as the:agrcementattached hereto as Exhibit C~ D. This 3,OR la~.MEBII' may be terminated by 75 % of the P ART[ES filing a written notice of termination with the oth~ PARTIF~-within any ninety (90) day periock The AGREEMENT shall immediately be terminated upon'tbe filing o£the written notice by the last required p~ty. XIII. TERM OF TIlE AGREEIVIENT This AGREEMENT shall be for a term of(5) years and will automatically be renewed for au additional five (5) year term as long as no required PARTY objects in writing to the renewal. Any objection, by any PARTY to this AGREEMENT, to the renewal must be sent to the other PARTIES no sooner than 90 days prior to the end of the term. XIV. INDEMNIFICATION OF PARTIES A. Hold Harmless The SCHOOL DISTRICT agrees to hold harmless and indemnify the other PARTIES to this AGREEMENT against any third party clairm liability, lawsuit, and damage award arising out of the performance of this AGREEMENT for any acts. failure to act, or decisions of the SCHOOL Page 59 of 71 DISTRICT that are totally within the purview of the SCHOOL DISTRICT or are the responsibility of the SCHOOL DISTRICT under this AGREEMENT. Acts or decisions of the SCHOOL DISTRICT include, but are not limited to, item relating m school attendance boundaries, providing adequate capacity for new studeats in the SCHOOL DISTRICT's Five-Year Capital t~acilifies Plan, constructing and moderni~'/ng schools consistem with the adopted SCHOOL DISTRICT's Five-Year Capital Facilities Plan; decisions on whether to accept or reject mitigation, and dec'mions on available capacity in the review process. B. Third Party Claims The COUNTY and each individual MUNICIPALITY that is a PARTY to this AGREEMENT agrees to hold harmless and indemnify all other PARTIES to the AGREEMENT against any th/rd party claim, liability, lawsuit, and damage award arising out of the performance of this AGREEMENT for any acts, failure to acc or decisions of that PARTY that are totally within the purview of that party or are the responsibility of that party under this AGREEMENT. Acts or decisions of the COUNTY or an individual municipality include, but are not limited to, the denial of an application for development approval based on school impacts after the SCHOOL DISTRICT has informed that party that adequate school capacity, exists for the development. XV. MULTIPLE ORIGINALS This AGRIEEMENT may be executed in one or more counterpetrts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Page 60 of 71 XVI. EFFECTIVE DATE OF AGREEMENT A: ~ Effectivelmmecliately: ~ the last required PARTY, the AGREEMENT shall be filed with the Clerk of the Circuit Court. This AGREEMENT shall take effect immediately on the date filed with the Clerk of the Circuit Court and shall continue until te~minatecL B. Nullification of AGREEMENT If this AGREEMENT is not signed by all required PARTIES by July 1, 2001, this AGREEMENT shall be null and void and alt pARTIES that sign this agreement are released fi:om any obligation imposed by the AGREEMENT. IN VitI'I'P~ESS WHEREOF, the undersigned pARTIES have executed this Interlocal AGREEMENT on the. day and year indicated. ATTEST: PALM BEACH COUNTY, FLORIDA, BY . ...,~'~... ITS BOARD OF COUNTY COMMISSIONERS Eoard~t Counht Cffine~ %'¢&'. x/~ ~ptn~lerk ;~ % g ~lg Co~ssmner Maude Ford Lee, Chair ; '.....- W R2000 Approve.. ~ to Fo~ ~ * * * * *' Date: L~ciency Co~ A~omey Page 61 of 71 ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY By: I ~.~/~/~_ 5JS~m~ Rickm°na. C-~rm~ Approved as to Form and Date: Legal Sufficiency ~u/omey for'-~chool B6ard Page 62 of 71 MUNICIPALITIES ATrEST: City Clerk ATTEST: By: City Clerk ATTEST: By: City Clerk CITY OF ATLANTIS By: William Howell, Mayor DATE: CITY OF BELLE GLADE By: Ha-ma Miller, Mayor DATE: CITY OF BOCA RATON By: Carol Hanson, Mayor DATE: Page 63 of 71 MUNICIPALITIES ATTEST: CITY OF BOYNTON BEACH By: C~ty Clerk By: Gerald Broening, Mayor DATE: ATTEST: CITY OF DELRAY BEACH By: - City Clerk By: David Schmidt, Mayor DATE: ATTEST: CITY OF GREENACRES By: City Clerk By: Samuel Ferreri, Mayor DATE: Page 64 of 71 MUNICI~PALITIES ATTEST: By: Town Clerk ATTEST: By: Town Clerk ATTEST: By: Town Clerk TOWN OF HAVERHILL By: Charles Stoddard, Mayor DATE: TOWN OF HYPOLUXO By: Kenneth Schultz, Mayor DATE: TOWN OF IUNO BEACH By: Robert Blomquist, Mayor DATE: Page 65 of 7t MUNICIPALITIES ATTEST: TOWN OF JUPITER By: Town Clerk By Karen Golonka, Mayor DATE: ATTEST: By: Town Clerk TOWN OF LAKE CLARKE SHORES ' By: Malcolm Lewis, Mayor DATE: ATTEST: TOWN OF LAKE PARK By: Town Clerk By: William Wagner, Mayor DATE: Page 66 of 71 MUNICIPALITIES ATTEST: CITY OF ,LAKE WORTH By: City Clerk By: Tom Rumleeio, Mayor DATE: AiTEST: TOWN OF LANTANA By: Town Clerk By: David Stuart, Mayor DATE: ATTEST: VILLAGE OF NORTH PALM BEACH By: Village Clerk By: Joseph Tringali, Mayor DATE: Page 67 of 71 ATTEST: By:~ City Clerk ATTEST: By:_ Town Clerk AT'rEST: By: City Clerk MUNICIPALITIES CITY OF PAHOKEE Alvis Davis, Mayor DATE: TOWN OF PALM BEACH By:. Lesly Smith, Mayor DATE: CITY OF PALM BEACH GARDENS By: Joseph Russo, Mayor DATE: Page 68 of 71 MUNICIPALITIES ATTEST: By: Town Clerk ATTEST: By: Village Clerk ATTEST: By: City Clerk TOWN OF PALM BEACH SHORES By: Thomas Mills, Mayor DATE: VILLAGE OF PALM SPRINGS By: John Davis, Mayor DATE: CITY OF RIVIERA BEACH By: Michael Brown, Mayor DATE: Page 69 of 71 ATTEST: MUNICIPALITIES VILLAGE OF ROYAL PALM BEACH By:. By: Village Clerk ATTEST: David Lodwick, Mayor DATE: CITY OF SOUTH BAY By: By:. ATTEST: By: City Clerk Village Clerk Clarence Anthony, Mayor DATE: VILLAGE OF TEQUESTA By:. Carl Hansen, Mayor DATE: Page 70 of 71 MUNICIPALITIES ATTEST: VIL~LAGE OF WELLINGTON By: Village Clerk By: Carmine Priore, Mayor DATE: ATTEST'- CITY OF WEST PALM BEACH By: City Clerk By: Joel Daves, Mayor DATE: Final 6/06/00 Page71 of 71 EXHIBIT A This Interlocal Agreement. dated the 1st day of October, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency as defined in Part Statutes; I of Chapter 163, Florida W i T ~ E $ S E T H: ~-~ERE~S, Part I of Chap%er 163, Florida Sta~u%es, pe~-mius p~bl%c agencies as defined therein tO enter into interlocal agreements with each other to jointly exercmse any power, privilege, or authority which such agencies share Ln common and which each might exercise separately; and wh~.~, Par~' II of Chapter 163, Florida Stauuues, ~equire$ the coordination of 1 ocal comprehensive plans with the comprehensive plans of adjacent local gove~rru~nv-~ a/id the plans of school boards and other unit~ of Loc.~l gover rnuent providing seL-vi~es but not having regulatory authority over the use of Land; and establish an the participant-~ to thSs Agreemenu desire uo intergovernmental coordination program for reviewing proposed changes to adopted comprehensive plans which fully utilizes the existing Chapter 163 comprehensive p~anning process with minimal bureaucracy and emcpense for the participants; and uh~S, pa~tioipation in ~his proc/ram.shall not ai¢inish any existing local government's or se~--~ice provi~er's process or power; and WmEREA$. the participants-desire to enter Ln%o this Agreement Exhibit A Page l of 35 no provide countywide coordination kn the comprehensive plan NOW, T~EREFORE, in consideration contained herein., it among the undersigned agencies that now or may this Agreement, as follows: ARTTCLE %- TITLE This Agreement shall of the mutual Covenants and unde~rstood,- by and hereafter' execute be known and may be cited as the Review Interlo~al -Comprehensive Plan- A~end~ent Coordinated Agreement"- A~TICLE~%I- p[I~POSE The purpose 6f this Agreement is to establish a cou~;wide Comprehensive Plan Amendment Coordinated Review ProceSs. This process is designed to prow~_de- coordination oX proposed plan amendments, cooperation bet~een affected local 'goverrnne/ats and service providersr a/~d oppoSe-unities to resolve potential dispute~ only within the Plan A~e~me~t Process with the le~t a~ount of i~fringement upon e~t~ng proceSses, without undue proc~sing delays and without the necessity of signific~nt staffing or consultanE costs. Specifically, the Comprehensive Plan Amendment Coordinated Review Process will accomplish t_he following: A. Proposed Plan A~enclmen~ shall have sufficient distribution"and" dissemination' to insure tha~-.initial transmittal and final.'approv~l will not' occur ~ithout adequate notice to L~cal governments and service providers ~ho may b~ adversely affected by the action- Exhibit A ?aEe 2 of 35 B- An avenue for discqssion and evaluation of Ehe proposed Plan Amendments is created so that the governing body is aware of ob3ections, the basis for them. and the reasonableness of the objection. C. An opportunity is created for conflict resolution of an item which, if approved, may result in a potential problem for another local governmen~ or service provider. D. The Comprehensive Plan A~endment Coordinated Review Process does not diminish or transfer existing authority with respect to planning and implementation decisions of the participants. ~qTICLE :III. DEFINITIONS The following definitions shall apply to this Agreemenn: I of Chapter 163, Florida Statutes. including any delivered "Act" means Part "Agureement,' means this Interloc~l-Agureement, a~endments or supplements hereto, executed and in accordance with the terms hereof. "Clearinghouse" means*t_he agency that provides the logistic support services for the Comprehensive Pla/aAmendment Coordinated Review Process. "Comprehensive Plan" means the plan adopted by a local government pursuant to Chapter 163, Part ~I, FLorida Statutes, meeting the requirements of Chapter 163, Part II~ Florida Statutes and its imple~nenting .rules. '"~o~lict Resolutio~ P=nel't. means:a subgroup of the Lnterlocal Plan A~endment Revie~ Committee_ Exhibit A Page 3 of 35 "D&ys" means calendar dayS. ,'Exmcutive Couunittee" means the representative body of the local governments and service providers responsible for the oversight and ~dministration of this Agreeme~n. ,,F~ct-finding panel'" means a subgroup of the Interlocal Plan A~nenclment-Review Committee- ''Governing B~d~".means the board of county co~unissioners of county, the commission or council of an incorporated municipality, t-he Pah~Beach County ScJ~ool Board, the Governing Boa~rd of the South Florida Water Management District, or the governing body of a specia~ distric=- ,,Interlocal Plan Ame=d~e~t Review Com~ttee~' means t~'body comprised of full-time_ p~anning direc=ors or other position, ~rom any .local goverrnnent p~--ticip~nt- This group is charged with the major tectLt~ic.~l role in the Comprehensi~e'- A~e/ndment Coordinated Review Process. "Loll Government" mem_~thein~orporated .to~s within Palm BeaCh County a/~dthe County of ,,p~rticip~nts" means those local goverrunents and- se_~-vice providers who have entered into the Comprehensive Plan Amendment Coordinated Review Process through this Ag~re~ment and have paid the annual participation fee as required in this kgre~mento "pla~l A~endment" mea/%$ a/%y change or adopted compre~ensive p~an-t_ha~-is consideared a..comprehen~i~e-~lan amendment pursuant ~o Chapter 163~ Part II, Florida Statutes, .or... its lmplemen~Lng uules- Exhibit A Page - of 35 "Service Providers" means the Palm Beach County School Board, the SouEn Florida Water Management Dlstricn, and all independent in perm in addressed Statutes. special diStrlcns located in whole or which provide services required to be plans by Chapter 163, Part II, Florida ~TICLE IV. P~TICIPATION. Palm Beach Counuy in comprehensive Section 1. All local governments and service providers located in whole or in part in Palm Beach County are eligible to participate in t-his Agu~eean~nt. Only the parties who execute this Agreement and who have p~id t-heir annual participation fee are considered participants under.t_his Agreemenm. or service provider who is not a participant may become a -participant upon execu=ion P~ticipation kgureement, in suc/1 for~ as t_he hereto as 5bchibit "A". Section 2. Par~ciciDant General Oblications A. All participants shall be obliged to pay an annual pa~-ticipation fee. (!) The initial pa_~ci¢ipa~ion fee shall be $500.00 per participant. from October shall be due Any local goverrunent by Octobe~-l, 1993, of a unilateral agqreement attached This fee shall cover participation 1, 1993 Eo September 30, 1994 and and payable by October 31, 1993. The participation fee shall be $500.00 per yeaar for each subsequent...<year, -unleSs this ~amount-. is modified as authorized.in A~-ticle..V, Section. 2. F. No modification shall Increase the fee by more than Exhibit A Page 5 of 35 (3) (4) 25% of the pasn year's fee amounn- The annual participation fee shall be due and payable by October 1 of eaoh~ succeeding yea~- Non-payment of the fe~ shall result in the suspension of participation in this Agreement pursuant to Article~XI, Section 7. A fee paid pursuant to this section shall not be returned in full or prorat~ amount upon a participant ' s withdrawal from this AglTeement- Participants entering into this Agreement after B. The October l, t993, or d~ring any period subsequent to September 30 of each year thereafter, shall be obliged to remit the entire fee amount. local goverrnnents employing -full-time planning directors or other s~mil~r positions are required to appoint t_hat person to t_he InterlocA1 Plan 2unendunent Review Commit=ee. C. The local goverTume~t~ a/id service providers who 'become p~rticipants agree to provide technical assistance'requested by a Fact--finding Panel or Conflict Resolution Panel established pursuant to this Agreement- Ai~TICLE V. EIECUTIVE CONI{ITTEE Section 1. creation/PurDose There shall be -created an~-Exe~utiVe Commit-tee oversight''and direction '-to'"the' Comprehensive Coordinated Review Process established this accordance with an~ pursuan5 ~o the duties and to provide 'Plan A~endment uesponsibilitLes Exhibit A Page 6 of 3f Section 2. Duties and Powers The ExecuLive Committee shall have the following duties, powers and responsibilities: A. Prepare an annual budget. B. Oversee the collection and expenditure of funds. Prepare an annual report to the participants C_ detailing the activities and results from the comprehensive p3~/~amendments processed pursuant to this Agreement. D. Oversee the operations of the various lpanels, committees, and the Clearinghous~ established pursuant to this Agreement. E. Ma~e recommendations to the participants on ways to- improve the coordination process. F. Modify the annual.participation fee in accordance with this Agreement. G. By majority vote of the entire membership of the Committee, ~odify the time fra~ues set forth in Article VIII. H. Propose amendments to this Agreement pursuant ~o Article XI, Section 4. I. Select the Clearinghouse from interested participants. NO enumeration of duties, shall be deemed exclusive or powersr and responsibilities herein restrictive, but shall be deemed to Exhibit A Page - of 35 incorporate all out the purposes Section Z- implied, powers necessary of this Agreement. Membership or incident to carrying A. The Executive Commit~ee~ shall~consist of nine members, selected from the followings, five categories ..info,he manner specified, and shall meet the following criteria: Four elected ~municipa! officials, selected by the Palm Beach County' Municipa~ Leaque~ (2) T~o Palm Beach County Commissioners, selected by the Palm Beach County Commission. (3) One member of the Palm Beach County SchoofFBoard, selected by the Palm Beach County School Bo~rdl (4) One 'member of the South Florida Water Management District Governing Board, selected by the south l Florida Water Management District Governing Board. (5) One Special District Representative, who shall reside in Palm Beach County and represent a District in Palm Beach County, appointed by the Regional Chair of the Florida Association of Special Districts- B. Excepu for the Special District m~hers of the Executive Committee shall be p~rticipant. Each m~er shall have Committee. C. Each category as set forth in entitled to appoint one (1) alternate. Representative, all representative o~ a one vote on the Paragraph A shall be The alternate from Exhibit A Page 8 of 35 categories 1 - 3 must be an elected official. If no other member of the South Florida Water Management District Governing Board resides in Palm Beach County, the Executive Director or his designee shall be the South Florida Water Managemenn District alternate. The Regional Chair of the Florida Association of Special Districts shall appoint as the Special District alterna~e a person who resides in Palm Beach County and represents a district in Palm Beach County. The alternate may act in place of any member from t_he sa~e category. D. In the event there are no participants in a designated category set forth in paragraph A, that category shall ~e deemed deleted and all remaining categories shall constitute the Executive Committee accordingly_ Section 4. Executive Conunittee Action A. The affairs, actions and duties of the Executive Committee shall be undertaken at duly called meetings pursuant to Section 9 hereof. B. For any meeting of t-he Executive Committee at which any official action is to be taken, a majority of the committee members shall constitute a quorum, and a majority vote of the members present shall be the act of the Executive Committee. C. A certificate, resolution, or instrument signed by the Chair, Vice-chair or Such other designated person of the Committee as may be hereafter selected by.t-he Com~aittee shall be evidenoe of the action of the Committee. Section 5. Election of Officers ~xhibit A Page 9 ~f 35 Once a to year, and at such other time as may be necessary a~ a meeting of th~ Executive Committee called for elect a chair, a fill a vacancy, the purpose thereof, the Co~%mittee members shall vice-~hai~ and~'~'a'~Secretar'Y~T~easu~er Committe~ ahd rd' pemfOrm~sUch..°ther- funct~ Said Chair/ Vice-chair and Secretary-Treasurer, sha~% year ter~s unless ~hey resign sooner p~suant to Section 7 h~eof- Section 6. Authority of officers A. The chair and the'Vice--chair shall take such action and sign such documents on behalf of the Executive Committe~nd in furtherance of the purposes of this Agreement as shall be ~pproved by reso~tion of the Couunittee- B. The Secretary--Treasurer, or his or her designee, shall keep minutes of ~ll meetings, proceedings and ac%s of theEXe~utive Committee but such minute~ need not be verbatim, copies of all minutes of the meetings of the Conuni~ee shall be sent by the Secretary-TreasU~rer, or designee, to all Commit=ee m~berS and to such other parties as requested. Section 7. Resignation A. Any member may resign from all duties and responsibilities hereunder by giving at least seven (7) days prior written notice s~nt to the chair. Such notice shall state the date said resignation shall take effect and such resi~Fmati°n shall take effect on such date. B. In the event any member shall resign as the representative of a participat.ing group such participating' group Exhibit A Page [0 o~ 35 shall appolnE a new repre$-enqative as expedi%lous!y as possible. C. Any member, upon leaving office, shall forthwith turn over and deliver to the Chart or Vice-chair any and all records, books, documents, or other property in his or her ., possess±on or under h±s or her control ghich belongs ro ~he Executive Committee and/or.re,ares to this Agreement. Section 8. Liability No member of the Executive Committee shallLbe, liable for any action taken pursuant to this Agreement in good faith, or for any omission, except gross negligence, or for any ecu of omission or commission by any other member of the Committee. Section 9. Meetings A.~ The Executive Committee shall convene au a meeting called by either a majority of the mm~hers or at the request of the Chair. Meetings shall be conducted at such locations as may be acceptable to the majority of the Committee. The Chai~ shall sen forth the date, time, location and puL-pose of each meeLing and notice thereof, unless otherwise waived, shall be fullnished Lo each ~ember by the seven direct any meeting Secretary-Treasure~, or his or her designee, not less than (7) days prior to the date of such mee%ing. The Chair may the Secretary-Treasurer to send the prerequisite notice for of the Com/nittee otherwise called in accordance with the provisions hereof. B. During October Co~ittee shall hold an and perfor~ such other 1993, the duly ~ppointed m~mhers of the organizational meeting tO elect officers duties as shall be provided under this Exhibit A Page I1 of 35 Agreemenn- A~TICLE VI. I~TERLOCAL pLA/4 AI~ENDME~T REVIEW COM/~ITTEE A. Participant local governments employing full-time planning directOrS- or Other simil~r~ to appoint that person as a member ,of.the tnte~toca~P!a~'~mendment Review committee. B. The functions of this Committee are as follows: (1) To provide participants, on a rotating basis, for a Fact--finding Panel- (2) To provide participants, on a rotating bas~,--for a Conflict ResoLution Panel. (3) To call for technical assistance from '~ei-vice providers and other agencies which participate in this coordination activity° (4) To meet, at least quarterly, for the purposes of administration, consideration of referrals, reportS of subcommittees, general coordination ~nd consultation, and the forwarding of reports of actions to the participants- C. The committee shall establish its own organization and rule~ of procedure consistent with the provisions o~ this Agreement- A/~TICLE w/II. A. B. The clearinghouse shall'be a participant public.agency-- The Clearinghouse shall be responsible for: 1. The establishm~n~ of an accoun~ [n%o which the Exhibit A Pag~ 12 of ]5 3 o 4 o A!~TICLE VIII. PROCESS Section parniclpatiod fees required herein shall be deocsited. The deposit and disbursement of funds in accordance with generally accepted accounting standards. Securing and storing all adopted loC~t government comprehensive'plans, and ali amendments thereto. Coordinating the Comprehensive Plan Aanendment Coordinated Review Process, as specified in Article VIII, Section 3. COMPREHENSIVE PLAN I. Local Government A/{ENDPLEI~T COOP~DII~ATED Soecific Obligations REVIEW f o 1 lowing: amendments receive. Ail participant local governments are obligated to do the (1) Infoi-m the Clearinghouse of-the notice of plan proposed by other participants that it desires to (2) Designate to the Clearinghouse the position or individual who can file a ~ritten notice of intent to object and a formal objection. (3) Inform the Clearinghouse whether a formal governing body action is required prior to filing a ~ritten objection. (4) Provide the Clearinghouse with'-a full copy of the local government's adopted Comprehensive Plan within thirty..(30) days of the effective date of this Agreement. If a local government becomes a par~icipan~ after October 1, 1993, the Exhibit A Page 13 Df 35 participant shall provide the Clearinghouse w~th a full copy of its adopted Comprehensive Plan within thirty (30) days of the effective date of uhe Participation Agreement. B. ~whe~ amendment to its own Comprehensi~ PLaD, the~locai ~gver~nment shall do the following: Submit all proposed plan amendment documents required by Se=tion 3 A. to the Clearinghouse at least thirty (30) days prior to th~ local government's Transmittal hearing. (2) Meet with any objectors at least one time prior to the transmittal hearing on the propo~d plan amendment° (3) participate 3. (4) Include to the in fact-finding as described in Section in the proposed plan amendment transmittal Department of Community Affairs, or within five (5) days of receipt if received after transmittal, all written notices of intent to object and written objections received pursuant to Section 3, the s~auus of that objection, a fact- finding report prepared pursuanu =o Section 3, and any report from a Conflict Resolution Panel prepared pursuant to Section 3. (5) Consider participating in any conflict Resolution Panel requested by an objector. The local g~vernment init%ating the proposed plan amendment Exhibit A Page 14 of 35 is under no- obligauion to participate in the Conflict Resolution Panel process. For all proposed plan amendments, provide the Clearinghouse with a copy of the full proposed plan amendment; all background materials, including the supporting d~ta and analysis; the objections, recom/nendation and comments report prepared by the Department of Community Affairs for the amendment upon its receipt; the response to the objection, recommendation and comment report prepared by the local government,; and, if adopted, the amendment to the local government's comprehensive ~ian; the notice of intent issued by the Department of Community Affairs; and any final orders or compliance agreements dealing with the amendment. (7) When it becomes available, provide the Clearing- house with a revised copy of the local government's Comprehengive PLan including all a/nendmentS. c. If the local government desires to object to another local government's proposed p~an amendment, the objecting local government shall do the following: (1) Submit a ~-ritten notice of intent to object to the Clearinghouse and the local government initiating the proposed plan amendment pursuant to Section 3. (2) Meet with the local government transmitting the proposed plan amendment at least one time prior to Exhibit A Page 15 of 35 that local government's transmittal hearing. (3) File a written objecuion with the Clearinghouse pursuant to Section 3. ~articipate~in.fac~--finding..~ _. ~ .~ as described· in Section 3 if the loca~g9vernment files a written objection. (5} Consider par~ioiP=ting in any Conflict Resolution Panel requested by the initiating local government or other objector. An objector is under no obligation ~to participate in the Conflict Resolution Panel process- (6) If the objection is to be withdrawn, file a-Oritten notice withdrawing - t_he objection with the- Clearinghouse and the local goverrunent proposing the plan a~end~ent. Section 2. Ail other PaL--ciciDants SDeci~ic .obligations k!l participants who. are not local governments must comply with the requirements of Article VIII, Section 1 A. (t), (2), and (3)- A-non--local government desiring to object to a proposed Plan a]nendment hast he same obli~ationsas~nobjecting local goverrunent detailed in Article VITI~ Section 1 C. Section 3. Plan Amendment Review Process· A. A plan amendment is prepared pursuant to policies and procedures, of the initiating local gove-rnmen~' At least thirty.. (30) days prior to the-.governing body?s transmittal hearing, an Executive Summary along with a copy of t_he proposed plan amendmenu and supporting material, and the date, time. and pla~e of the Exhibit A Page 16 of 35 transmittal hearing, shall ~e furnished to the Clearinghouse- B- Within five (5) days, the Clearinghouse shall distribuue the Executive Surmmary and hearing information to the participants in the Agreement who have requested copies of the initiating local government's amendments. C. A written notice participant- (l) A written notice of intent to object must be filed no later than fifteen (15) days before the transmittal hearing. (2) tf a proposed, plan amendment is substantially modified between the submittal to the Clearinghouse -~d the of intent to object may be filed by any transmittal of the amendment, a written notice of intent ~B object may be ~iled within ten (10) days of transmittal. D. The Clearinghouse shall immediately notify t-he initiating local government of all written received by the Clearinghouse- notices Qf intent to object E. The initiating local government shall meet with all objectors prior to t/~e transmittal hearing unless the ~ritten notice of intent to objec~ was filed pursuant to Section 3 C.(2) above. In that instance, the par~ies shall meet within fifteen (15) days of the submittal of the ~ritten notice of intent to object to the Clearinghouse- F. No later than fifteen (15) days after transmittal of the proposed plan amendment, a participant who filed a written notice of intent to object prior to transmittal may file a written objection to the proposed plan amendment with the Clearinghouse. Exhibit A Page [7 of 35 If a written notice of intent to object was filed after uransmittal pursuant to Section 3 C. (2) above, a written objection may be filed by that participant no later than thirty (3Q) days after the filing of the written notice of intent to object. G. Upon receipt of a written_ ~bje~tion¥" the -Clearinghouse shall notify the initiating local government and the Interlocal Plan -A~andment Review - Com~it~tee of the written objection and transmit a copy of the objection to the initiating local government and ~he Interloc~l Plan Amendment Re~iew Conunittee- H. The Interlocal Plan Amendment Review Committe&-shall convene a Fact-finding Panel within ten (10) days of receiptFof the written ~objection. The Fact--finding Panel shall review the. objection pursuant ~to Article IX and shall issue its opinion letter no later than twenty (20) days after the su/omittal of the written objection to the Clearinghouse- I. After the Fact-finding Panel issues its opinion letter, any party (the initiating local goverrnnent ~nd any p .a~ticipant objector) to the fact--finding may request conflict resolution purSua/~t to Article X, The request shall be submitted in ~riting to the Clearinghouse no later than ten (10) days after transmittal of the Department of Community Affairs Objection, Recommendation and Comments Report. The Clearinghouse shall immediately notify the other.p~ties of this request.- .Within ten (10) days of receipt of notification from the..C,learinghouse, the other parties .shall notify the Clearinghouse of their decision on whether or not to agree to conflict resolution- If the initiating local government Exhibit k P&ge 18 of 35 and any objector agree to conflict resolution, the Clearinghouse shall notify the Interlocal Plan Amendment Review Conkmittee, which shall convene the appropriate Conflict Resolution Panel pursuan~ to Article X. Section 4. Modification of Time-Frames By majority vote of the entire membership of the Executive Committee, the Executive Comanittee may modify the time-frames set forth for any activity as specified in Article VIII. AllTICLE IX. ~ACT--FIlqDI~ ~A!~EL A. The three person fact-finding panel shall consisu of members of the !nterlocal Plan A~endment Review Committe~= The Chair shall be selected by the panel. B. ~ The Clearinghouse shall provide the panel w~h the following info~-ma~ion prior to the meeting: (!) that portion of the Plan Amendment which is under consideration; and (2) the ~ritten objection. C. The Chair shall arrange for testimony and technical assistance from participants as is appropriate5 D. At the meeting, only the initiating local goverrnnent, the participant objector, property owner for a site specific plan amendment, and any participant who has been requested to provide technical assistance shall be allowed to present testimony. The initiating local government shall present the item being objected to, the reason for the proposed amendment, and its supportingldata, analysis, and documentation. This presentation may be supplemented Exhibit A Page 19 of 35 by the affected property owner. make a presentation on the basis assistance testimony as requested any time. The panel may ask discussion with the to panel E. The panel shall specifically The objecting party(ies) shall for its objection. Technical ~y the Chair may be presented at lons. The Chair shall close identify each objection and shall issue an opinion letter including,.but not limited to, the following on each objection which is filed: (1) The objection appears to be one of ~iscommu~ication and tha~ it appear~ to b~ resolved- -- (2) There is insufficient data and analysis upon.which to ~uppor= either the amendment or the objection or both. (3) Sufficient data and analysis has been provided and a conflict appears to exist. The conflict should Fo opinlon letter opinion may be be resolved either: (a) through%~he no~-mal Department of (b) Affairs review p~ocess; or in a conflict resolution Community provided in A~ticle X, mediating services of the Treasure Coast Regional Planning Council, or other mediation form%m. Within two (2) working days, the Chair shall fax an to the involved parties. If ~arranted, a minority prepared by other members of the panel and provided E~xhibi5 A Page 20 of 35 concurrently with the Chair's opinion letter_ ARTICLE X. CO~UFLICT RESOLUTION PA/~EL A. The Conflict Resolution Panel shall consist of three members when performing facilitation services or five members when performing mediation services. The panel shall be composed of individuals who are members of the Interlocal Plan Amendment Review Committee. The Chair shall be selected by the panel. B. The Chair shall arrange for testimony and technical assistance from participants as is appropriate. Testimony shall be provided only through participants who are parties to the objection unless technical assistance testimony has been requested by the Chair. Two types of service may be provided. These are': (1) Facilitation a. A facilitation panel shall consist of three m~bers. When the facilitation panel convenes to review the objection, it shall seek to have the parties reach a mutually agreeable posit~on on the proposed amendment and the work has reached. a letter held, points objection to it. The facilitation panel been finished At that time, documenting the the evidence and of agreement, shall declare when its or an impasse has been the Chair shall write meetings which were testimony received, and points oX Exhibit A Page 2i of 35 disagreement- The, .letter shall be uransmitted to participating parties and the Oepartmen~ of CommUnity Affairs. Mediation bo members- facilitation panel, provide a resolving any disagreement- consent among panel opinion may be issued. majority position. shall .consisu of five In additign F° functioning as a the mediatio~ panel shall method of remaining points of If t_here is not unanimous members, a ~inority It shall accompany the As with the facilitation panel, the Chair shall ~rite a letter documenting the meetings ~hich were held, tile evidence and =estimony received, points of agreemen=, pointS of disaqre~nnent, and recommendation° The letter and any minority opinion shall be transmitted to paL-ticipating parties and the Department of Community Affairs- Section 1- Deleqation of Dut~ Nothing contained herein' shall be deemed to authorize the delegation of the constitutional or statutory duties of the state, county, or city officerS- Exhibit A Page 22 of 35 Section 2. Filinc A copy of this Agreement shall be filed with the Clerk of the Circuit Court Ln and for Palm Beach County. Section 3. Limited Liability No participant shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Executive Com~nittee. The Executive Committee members have no authority or power manner. Section 4. Amendments to obligate the participants in any , This Agreement may be amended in writing a= any ti~ by the conchlrrence of a two-thirds vote of the entire membersh~ of the Execut~e Committee and subsequent ratification by all of .the participants in this Agreenuent and any Participation Agreement. Section 5. Controlling Law This Agreement shall be constr%~ed by and governed by the laws of the State of Florida. Section 6. Effective Date/Term This Agreement shall be effective on October 1, 1993, and shall, continue in full force and effect unless al! the participants withdraw in accordance with Section 7. Section 7. Withdrawal A/~y participant may withdraw as a party to this Agreement after October 1, 1994, upon si)cty (6Q) days written notice =o t_he Chair of the E~ecutive Cou~aittee. Any participation fees paid will not be returned and the participant will cease activities in the Exhibit A Page 23 of 35 program outlined in this Aqreement. Suspension of participation in this Agreement will occur upon the nonpayment oX the fee prescribed h~rein or for the nonperformance of any of the terms and. conditions The suspension will be o~ this _.~ :~ effective thir~,y (30) days . after date- of- the Clearinghouse t~hat noncompliancehaS occurred. A~y to cure receiving suoh notice shall have an noncompiian~' in a reasonable time. Upon participant shall be notified by the Clearinghouse of reinstatement as a participant- IN WITNESS WHEREOF, this Agreemenu has been participants as of the date and year indicated above. its the its executeS? by the CITY OF ATLANTIS By: ~]vde F. Farmer, Mayor *BELLE GLADE Bill Ball y, Y / ~ ] ] au~orize the ~Nothing in this agreement l~L~tive authority. dalegation~mUru~ci~ ATTEST: By:~ City Clerm-i .... ~' ~) .// Page 24 of 35 Exhibit A ATTEST: CITY OF BOYNTO~ BEACH E. F- Harmenin~/C~ayor ATTEST: Town ATTEST city Clerk TOWN OF BRINY BREEZES -~q~gh David, Mayor Robert R. Reynolds, I_I.I, Council Chairman __ CITY OF DELtAAY BEACH By: ~~ ~ ~T~o~nas E~/~nch, Mayor ATTEST: Village Clerk VILLAGE OF GOLF Donald H. Gustafson, Mayor ATTEST: By: CITY OF GREENACRES By: ~er~eri, Mayor Exhibin A Page 25 of 35 ATTEST: By: TOWN OF GULF STREAM tW~lllam Koch, Jr ~ Mayor ATTEST: By .~/ By: / Town Clerk / / / ATTEST: TOWN Tow~ Clerk '~OWN OF HIGHLAND BEACH Voress, Mayor OF HYPOL.UXO ATTESt: - TOWN OF 07JNO BF_ACH Frank W. Harris, Mayor -'ATTE:5~: To~n Cler~ TOWN OF JUPITER Karen Go lo' ka~b-yor AT~EST: By: To~n Clerk TOWN OF J~JPITER INLET COLONY By: CHOSE NOT T~ pARTICIPATE AT '~M~'q T]~4E Nicholas F. Porto, Mayor - Exhibit A Page 26 of 35 ATTEST: / TOWN OF ToMrf Cle. rk · . LAKE CLJ~Pd<E SHORES ATTEST: CITY OF LAI<E WORTH . .- ._ ~-, ( S~AL ~-~.~bara Al F(gr$~t~fe,ff R6~ne~/~: -~mano, ~yor' C~y Clerk - DATE: , . .~ _2~ .... : ATTEST: -To~- Clerk AT~EST: Charle~ H. Helan, To~n Clerk TOWN OF LAN~-ANA - Rober~A. McDonald, Ma!~br TOWI~ OF MA/~ALAPAN ,JG. Kent Shortz, M.D., l~ayor ATTEST: By: : ,,~ / Town Clerk ~ } /I ~' Oanie l J .'>"0' Connr~--~ll~- ~faC-~yor Exhibit A Page 27 of 35 ATTEST: City Clerk ATTEST: TOWN OF pALM BEACH Town DATE: ATTEST: DOROTHY~H. WILKEN, Clerk APPROAFED AS TO FOR~ By: · County ~ ~tto~ney PA/A~ BEACH cOUNTY BOARD OF-~0UNTY COMMISSIONERS By: ATTEST: ~///~ty Clerk ATTEST: Town Clerk - TOWN OF PALM BEACH SHORES Thomas Chilcote, Mayor EXECUTED on '~/r~-.~_33 /.~'~ by authority of the as provlded-inWResol~tion R93-19. A~T~-ST: VILLAGE COUI~C~L OF ' Irene L. Burrou~f$ Village Clerk Village Council THE VILLAGE OF PALM SPRIN~S _ ~ Richard H. Jet~e;~'yor ATTEST :/~ (SEAL) CITY O~yR~VIEI~A BEACH 'Clara K. Wiiliams Mayor, City of Riviera Beach ATTEST: ... By: By: V~!lag ,e?Clerk ' VILLAGE OF ROYAL P.~T_LM BEACH Tony Mas~otti, Mayor ATTEST: CITY OF SOUTH BAY · . ~ ;~' ~' ~,- - ~l~.-_ --' ~" ' Bazi~ Anders~, Vide Mayor Exhibit A Page 29 ol 35 ATTEST: Tow~lerk ATTEST: · :.~ , : - :t. "-. - '~-..k~TES~-" ""'::J By 'Agnes Uayhu/~t, - 'CLty Clerk ~ TOWN OF/; SOUTH PALM BEACH ~/~'M~ M -~ Roberts, Mayor VILI2%GE. O~F TE(~3ESTk (iNTENTIONALLY LEFT BLA/qK) Exhibit A Page 30 of 35 ATTEST: BOCA P~ATON AIRPORT AUTHORITY ~o.~ W. Blank, Chairman ATTEST: william G,///Winters, Secretary~ APPROVED AS TO FOR~ AND LEG~J~ SUFFICIENCY ~~_~t _~rney for ~akeW~inage District L~%KE WORTH ~~T /John I. Whitworth, III, President R~-k Dent, Executive Director LOXAHATC~EE RIVER ENVIRONMENTAL_ CONTROL DISTRICT By: ~ George G. Gentile, Chairman ATT E S T~. ~ .' Ga~ M. Engli~, General Manager SOUTH INDIA~ WATER CONTROL DISTRICT By: Or: ~s H~. Powell, President ~J~!e~s ident G: ~geugovt~chnd\~ug~txt.mep Exhibit A Page 31 of 35 A l 1 EST' NOaT'H~. Kl'q pALM BEACH )'- I[~ ~ -- _~.~ ~ -~_ ~ ~-dmt Peru Pim~tel, Diem S~re~ wun~ ~l~e, kPPKO. VED AS TO By:. :! :;': ~ : Ken Ed~v~rds,'L~gal Co~s~l Monlca ljlxlhorr~ Superintendent SCHOOL BO~:~D OF PALM BEACH'-. COUN'I-~ ~' (INTENTIONALLY LEFT BLANK) Exhibit g Page 32 of 35 EST: LOX-~-La. TCH~E GROVES WATER ~-~ .... ~I1~ H. ~her, Dism~t Dire~or Mer~i~ Fox, C~ of~e B~rd of Supe~so~ (INTENTIONALLY LEFT BLANK) Exhibit A Page 33 of 35 pAI~TI CTP AT.ION AGREEMENT THIS AGREEMENT dared~thiS-- -'~ . day of 1993 entered in~o by and ~mong .. (~oc&l gowe~u~en~ or s~vice provider) hereinafter "New pa~tlclpan , and the the Interlocal Agreement dated October 1, Agreement"; W i T l{ E S' S E T H: WHEREAS, an intergovern~enta 1 various parties executing 1993, hereinafter "Master coordination program for reviewing proposed changes to adopted comprehensive plans___which fully utilizes the existing Chapter 163 comprehensive ~annlng process with minimal bureaucracy and expense for local gover'nments and service providers certain interlocal participant under has been established Agreement dated October said agreement; and as evidenced by that 1993; and -desires to become a Section 1 of the Master is ~uthoriz~d upon the execution of this ~h~kEAS, pursuant to Am-ticle IV, Agreement, participation unilateral participation Agreement. NOW, T~EREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood by _and among the undersigned New Participant and the participants in the Master Agreement as follows: 1- Upon execution of this Agreement and upon payment of the annual participation fee prescribed in Article IV, Section ~ of the Master Agreement, Ne~ Participant ~iL1 become a participant in the Exhibit A EXHIBIT Page 34 of 35 Master Agreement recorded Page 2. The New and shall be bound Agreement. in nne Official Records an Participan5 by all the Book No. shall enjoy all the privileges of, terms and conditions of, the Master 3. The participants in the Master Agreement agree to the inclusion of New Participant in accordance with Article IV, Section 1 of the Master AgreemenE as mt is acknowledged that the inclusion of an additional participant furthers the intent and spirit of the Master Agreement and the ultimate goal of providing planning coordination among all local governments and servicL providers. 4. A copy of this Participasion Agreemen~ shall ~ filed with the Clerk of the Court in and for Palm Beach Counsy ahd with the Clearinghouse. 5. This Participation Agreement shall be effective upon execution and filing pursuant to Paragraph 4 and shall continue in fu/1 force and effect unless New Member withdraws pursuant Am--ticle Xt, Section 7 of the Mas~er Agreement. IN WITNESS WHEREOF, ~his Agreement has- been executed to by as of the date and year indicated below. By: EXHIBIT B Implementing Ordinance Elements SCHOOL CONCURRENCY ORDINANCE BASIC FRAME~VORK See Interlocal Agreement Applicability (required concurrency determination) 1. Applies to: a. Ali new residential development orders b. Amendment to existing development orders which increase the number of residential units 2. Does not apply to: a. Project with no ~mpact on school, attendance, i.e. non-residential or elderly restricted housing, or single family platted lots Establish Level of Service Standard and Application of Standard 1. Level of Service standards 110% and 120°/; a. How measured b. Test for Level of Service 2. Concurrency Service areas (CSAs) a. Application of CSA b. Amendment of CSA 3 Assured construction - definition (budgeted, adopted, and scheduled school constructionl 4. Standards for mitigation 5. Procedures for residential development phasing t? assured school construction or mitigation Procedure for Reviewing Development Applications i. Documents which must be submitted for review 2. The point in the process at which evaluation must occur. Generally, before any development order is issued. 3. Transmittal to School District (process. time frames) 4. Evaluation and comments of School District (time frame~ 5. Incorporation of conditions of approval into development order 6. Appeals of School District decisions Procedure for School District Review l. Transmittal to School District for review 2. Time frames for review and comment 3. Effect of comments H DATA\WP51 \DOC\CONCRNC'iSS ECTION~INTER~LOC~EXHB EXHIBIT C PARTICIPATION certain Interlocal Agreement d,ated WHEREAS, agreement; and TI-frS AGREEMliNT dated this day of , , entered into by and among the · , a municipal government, hereinafter "New Participant", and the various parties executing~ the,Public, School ConcurrencM tntevlocal Agreement dated , i-iereinaRer "School.~Concurrency AgreemenC'; x3.r I T NE:S SETH x,VHER.EAS, a public school concurrency program ha~ been established as evidenced by that . ,,; and desires to:become a participant trader said ' WHEREAS. pursuant to Article Xil, Section C of the School Concun-ency Agreemcmt. particip_ation is authorized upon the execution of this umlaterai Participation Agreement. NOW. THEREFORE. in consideration of the mutual covenants contained herein, it is agreed and understood by and among the tmdemigned New Participant and the pamcipants ia the=School Concurrency Agreement as follows: -Upon execution of this Agreement, New participant will become a participant in the School Concurrency Agreement. 2. The New Participant*hail enjoy all the privileges of. and shall be bound by all the terms and conditions of. the School Concurrency Agreement. The New Participant shall adopt the required comprehensive plan amendments purmmnt to Article II. Section B as soon as possible a~er execution of this Participation Agreement. 3. The participants in the School Concurreficy Agreement agree to the inclusion of New Participant in accordance with A.tXicle XII. Section :B of the School Concm-rcncy Agreement as it is aclmowledged that the inclusion of an additional participant furthers the intent and spirit of the School Concurrency Agreement. 4. A copy of this Participatton'Agreement shall be filed with the Clerk of the Court in and for Pahn Beach County and with thd Technical Advisory Comminee established I EXHIBIT D. Student Generation Multiplier Table TOTAL PUBLIC PUBLIC PUBLIC PUBLIC SAMPLE SCHOOL SCHOOL SCHOOL SCHOOL SIZE k-i= K--5 6-8 9-t~ ALL HOUSE TYPES I BEDR 70 Q.04 0.04 0.00 0.00 2 BEDR 252 0_ 12 0.08 0.02 0.01 ~ BEDR 2~5 0.50 O.l~ 0.~2 5+ BEDR 76 {).69 0~58 0-15 0.15 SING. FAMILY DETACHED AND ATTACHED 2 OR LESS 125 0_i9 0. i4 5 BDR 217 0.55 0.17 5-+ BEDR 70 O,Y2 0.40 O- 05 0.12 1 BEDR 28 0.00 2 BEDR 97 O. iO 5 BEDR 18 0.58 5+ BEDR 5 0_66 MID RISE MULTI. FAMILY ('"&o %"~t"O¢ 1BEDR 15 0.00 2 BEDR 25 0.00 ~ BEDR 1 0.00 5+ BEDR 0 0-00 HIGH RISE MULTI. FAMILY (.a~- n[D\~% 1 BEDR 8 0-00 2 BEDR I9 O-LO 5 BEDR 6 0.00 5+ BEDR 2 0.00 0.00 O. 25 0.15 MOBILE HOME [ BEDR I 0.00 0-00 0.00 0.00 2 BEDR 10 0.00 0_00 0.00 0.00 S BEDR 3 0.00 0.00 O.OO O.Ou 5+ BEDR I 0.00 0.00 -0.00 {]_OC~ 0.00 0.00 0.00 0-06 0.05 0.01 0.05 0.16 0.16 0.00 0.00 0.00 0_00 0.00 0_00 0.00 0.00 0.00 0-00 0.00 0.00 --o5o t c s ) 0.00 0.'00 0.00 0-00 0.00 O. LO 0.00 0.00 0.00 0.00 0.00 0.00 o o ? g 3:: z m z Enrollment numbers based on FY20001- FY2005 Five. Year Plan of the School District of Palm Beach County i q, ONCURRENCY_ SERVICE AREA 22- No schools , I 23 Belle Glade_Ele~e~gt~ ............. ~7_9~ .... 102_0 .._~8°/_0 ....... 765 102_0. _.. 75°4 766 1020 75% Glade View Elementary 608 663 92% 582 663 ~8°4 553 663 83% Gove Elementary .............. ~)~ ......................... 807 100% 509 807 100% ............... 836 807 104Q4 K.E ~C?_n ?i2_g h~_~ m/_C a~n a/P_.o!~t_~le m 663 767 86% 045 767 54Q4 632 767 82% Pahokee Elementar, fK-61 797 250 319% 770 725 106% 751 725 104°4 ) cheer Park 51ementary 690 1045 66% 666 1045 64°4 641 1045 61% Rosenwald Elementary 529 708 75% 49a 708 70°4 470 708 66% Total Elementary 4889 5260 93% 4731 5735 82% 4649 5735 81% 763 1020 75% 73~ 1020 72% 547 663 83% 547 663 83% 642 767 84% 619 767 81% 739 725 102% 7a 725 102~ 620 1045 59% 617 1045 59% 4618 5735 81% 4547 5735 79% 749 1020 73% 552 663 83% "- 81~9 807 T01% 620 767 82% 743 725 102% 623 1045 60%-- 452 708 64% 4566 6735 80% Lake Shore Middle 1164 1500 78% Total Middle 1164 1900 78e/, Glades CenlralHigh 1831 __1596 96% Pahokee MIdlSr {Grades 7-12) 1021 1308 78% Total High 2552 2904 88% 1199 1500 80% 1171 150¢ 78% I 1136 1500 76~ 1500 78%I t136 1500 76% 1540 1596 96% 145' 1596 91% 1403 1596 88% 1000 1308 75% 1049 1308 80% 1044 1308 80% 2403 2589 2904 89% 2495 2904 86% 2904 83% 1121 1500 75% I 1110 1500 74% 1121 1500 75%I 1116 1500 74% 1376 159E 85% 1348 1596 84% 962 130E 74% 902 1308 69% 2338 2904 81% 2250 2904 77% Elementary Schools Gove Elementary Pahokee Elementary (K-6) Modernizalion comeleted in 2001. New caoacily 725 Notes: - The program and boundary adjustments necessary [o e~feclively utilize capacity may occur at any time, Pagel9 V. CITY MANAGER'S REPORT ITEM C CITY OF BOYN TON BEACH AGENDA ITEM REQUEST FORM Requested City Commission. Meefinc~ Dates [] July ts, 2o0o [] August 1. 2000 [] August 15.2000 [] September 5. 2000 Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 D.m.) July 19, 2000 (5:00 p.m.) August2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission ~ [] September 19. 2000 [] October 4, 2000 [] October 17, 2000 [] November8, 2000 Date Final Forrr Must be Turned .i,~ to City Clerk's Office September 7, 2000 (5:00 ~.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 [5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Busmess [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: To recommend approval of funding in the amount of $231,000 for four (4) projects from the Neighborhood Capital Improvement fund EXPLANATION: The Neighborhood Project Specialist is proposing to fund several projects to complete the 1999/2000 budget cycle Four specific target areas are proposed; 1) the City's fac~ade program for $30,000; 2) the Boynton Intercoastal Demonstration Garden Project for $40,000; 3) N.E. 17~ Avenue right-of-way improvements for $15,000; and 4) Martin Luther King Boulevard for $146,000. ($25,000 for initial design and $121,000 for development activities). These projects will cost approximately $231,000 and will complete this year~s Neighborhood Capital Improvement project. PROGRAM IMPACT: All of these projects will contribute to pedestrian traffic safety and help in crime prevention through continued neighborhood improvement activities. FISCAL IMPACT: The amount requested $231,000 is available in Community Improvement Program funds. This will complete the initial allocation of funds for neighborhood capital improvements for the current ~scal year. The account nbmber is 302-121-1512.63-34. ALTERNATIVES: than the CIP fund.~entloned, are not availabta at this ?~),~' Del~la'rt~er~ Head's~S"~gnature Department of Development - Community Redevelopment/Neighborhood Services ~?..~.~::~_ Department Name No improvements would be done in these areas in the immediate future. Funds, other time. City Attorney / Finance / Human Resources MEMO AugUSt 29, 2000 To: Kurt Bressner City Manager From: Dan DeCarlo ~l~ighborbood Project Specialist Development Direct~/'I~ ~' ~- Subject: FUnding for balance of 1999/2000 Neighborhood caPital Improvements Program As a follow-up to recently funded neighborhood projects, there are four areas that we are submitting for funding to complete the current fiscal year for September 6th City Commission agenda as follows: Project #1 The City's faqade program is funded for $30,000. This is a carryover from Federal~Highway improvement program. The City is requiring property owners to.make:improvements. These funds are to assist them to do!sO, ~See attached planning division memorandum. Project #2 Project #3 The Harbor Hall (now. Boymon Intercoastal) Demonstration Garden, located on NE 6th Avenue is funded at $40,000. This project is a response to lh~ need to encourage neighborhoods and residents to ieam the best landSCaping techniques. The project is being assisted by the Mounts Botanical Garden. The design and types of pl.ant .material willobe .a~ focal p~?O/-.Master Gardeners to provide educat~onat programs xor ~i~l~ntsi Although on city property, the INCA neighborhood association has expressed an interest in assisting to help construct and maintain the park once it is completed. While the initial budget seems high, emxa effort will,be made to keep our costs to a minimum. Neighbors in the immediate v[ciffi~ suggested xhe project as a small park, we built on the idea from ~ ~e ~lah u~e iti; fie t, ogether the INCA neighb°rh°°,ds t° the n°rth an~ii~ ~a~ .;ye p~k: and Waterfront activities to the south. NE 17~ Avenue fight-of-way improvements are funded for $15,000. This th is a folt~w-up from monies' spent last year to complete the 17 Avenu mddian project. The Rolling Green neighborhood association is behind Project the completion of this project. This includes sod, removing mst from the sidewalk and some minor additional landscaping. $146,000 for design and initial development activities for MLK. Community input to date has been primarily with individual property owners on MLK. The neighborhood CIP funding is broken down into $25,000 for initial design and a charrette and $121,000 for actual development activities, Two grant proposals also are driving our efforts. First, we have requested $20,000 from Treasure Coast Planning Council and we will be making a request for a$50,000 from DCA for an Urban lnfill and Redevelopment Assistance Grant in November. pl.nnin~ Division Memorandum To: O,c~via Sherrod, Community Redevelopmem From.' Subject: Fundiug Allocation Land~ and'S~i~age Improvement -Pilot Program Date: April 7, 2000 This memorandum is to request your Division to set aside the total of $30,000 of funds to continue the above program. The City Commission initiated the above pilot program by Resolution #A99-04 on January 19, 1999. There were three potential business owners who wanted to participate in the pilot program. The estimated site improvement matching City costs for each of the three business sites was $I0,000. To complete each o£the three sites will require a total of $30,000. Goodyear Easy Pay Tire- Site #1 (619 North Federal Hwy.) The Planning Division and Engineering Division are nearing completion of this first of the three business sites. The anticipated City reimbursemem costs to complete the first site is $$,000-$9,000. Llo:-d's Plaza-Site #2 (409 West Boymon Beach Blvd.) The anticipated City reimbursement costs to complete the improvements on this $I0,000. City staffis reviewing and approving permits for the site work. site is Firestone Tire-Site #3 (617 North Federal Hwy.) The anticipated City reimbursement costs to complete the improvements on this site is $10,000. City staff is meeting with owner to initiate the site improvement design. The City Commission will evaluate the continuity of the pilot program after the above three business sites are fully complete. Please contact me to discuss the appropriate account number to use and allocate the $30,000 of funds. Requested City Commission Meeting Dates [] July 1 $, 2000 CITY OF BOYNTON BEACH AGENDA ~EM REQUEST FORM July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.rm) August 2, 2000 (5:00 p.az) August 16,2000 (5:00 p.m.) Requested C/ty Commission M~tinu Dates [] September 19, 2000 [] October 4, 2000 [] October 17,2000 [] November g, 2000 X-NEW BUSINESS ITEM A Date Final Form Must be Turned in to CiW Clerk's Office September 7, 2000 (5:00 p.az) Septomber 20, 2000 (5:00 p.m.) October 5.2000 (5:00 p.m0 Oclober 18. 2000 [5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] ConsentAgenda [] Public Hearing [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presantation RECOMMENDATION: Motion to authorize the sale of a certain portion of the City's utility service area (generally known as Biltmore Terrace) to Palm Beach County Utilities. to establish a new service area boundary between the City and the County based upon that sale, and to authorize the execution of an Assignment and Acceptance Agreement for Water Service with the County for the Floriberto Laguna Water Service Agreement dated July 31, 1985. EXPLANATION: County Commissioner Warren Newell approached the City in January of 1999, asking us if the City would be receptive to turning over to the County the responsibility for providing utility services to the Biltmore Terrace subdivision. This subdivision is currently located outside the City limits, but it is inside our utility service territory. At present, this subdivision has no water and sewer service. They are served by individual water wells and septic tanks. In addition, the City has no particular plans to extend lines to this subdivision in the near future. A majority of the residents of this subdivision would like to have public water and sewer services, so they.have asked the County to provide themwith that service. In order to do so, the City would need to "carve Out" this area from our designated service territory, 'and grant it to Palm Beach County so that they could serve it as part of their service territory. The attached Interlocal Agreement carves out this area from our service territory, and gives the CITY OF BOYNTON BEACH AGENDA 1TEM REQUEST FORM "right-to-serve" to Palm Beach County Utilities. The proposed Interlocal Agreement goes on to redefine:the limits of the service territorieS between the-City of Boynton Beach and Palm Beach County. In' addition, for Water there is in f our to PROGRAM IMPACT: In that the City has no particular pans to provide water and sewer service to the Biltmore Terrace subdivision, it would make sense that Palm Beach County be allowed to provide such service, especially since the' acent to this subdivision. While no public utility is ever anxious to away precludes the~"give~ ef ever using the uncommon that of ways tedetermine on all~ for the saleof this portion of our service territory ~ territory (because to give it source of income), it is not are a variety an analysis a fair and equitable price ities. Please notice that while we would be selling this small section of our service territory to Palm Beach County Utilities, we are not giving up the dght to~ ahrlex:it, his subdivision into t~e city of Boynton Beach, ShOuld we decide {0 annex this far to the,West~Some time in the -[uture. Initially,' Palm Beach County offered the City just 'under $300,000 for the Biltmore Terrace subdivision, along w th a ~swap LeChalet Boulevard. From there, our negotiations intensified negotiations), we have settled on a sale t0the Cc of the BiltmorE 30 days of the ~effe~ive date of the successfully negotiate a very. lucrative deal for the City. ~urse of one full year of twice the size be sold* is to~lly to be paid within ~ been able to S:x, BULLETINWORMSX, AGENDA ITEM REQUEST FORM.DOC AGENDA ITEM REQUEST FORM ALTERNATIVES: This transaction is a fairly simple and straightforward one (although it has taken nearly a year and one half to negotiate). The Only alternative to not completing the sale and the modification to the service territory boundariesis tOleave things as they currently are, keeping the Biltmore Terrace subdivision in the City's service territory. Deparmaent Head's ~g.~gnature ~gnatur¢ Utilities Department Department Name City Attorney / Finance / Human Resources RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE SALE OF A~ PORTION OF THE CITY"S UTILITY COUNTY, WATER SERVICE AND RROVtDING AN EFF 'lYE DATE. WHEREAS, the City was approached by the Coun~ in January of 1999, to consider turning over to the County the responsibility for l~roviding utility services to the B tmore Terrace subdivision; and WHEREAS, the Biltmore Terrace subdivision is currently located outside the City limits, but is inside our utility service territory, although this subdivision has no ~- water and sewer service in place at this time; and WHEREAS, Section -/14 of Bond Resolution, No. R92-96 controls the sale, lease or other disposition of "assets forming a part of the Utility System" and it has been determined by bond counsel that the relinquishment of a portion of that service area to the County: in exchange for cash would be governed by Section 714 of the Bond Resolution; and WHEREAS, the City Commission declares that such assets are not needed or serve no useful purpose in connection with the maintenance and operation of the Utility System; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the residents of the City to enter into an Intedocal Agreement with Palm Beach County and to execute all necessary documentation to effectuate the sale of a certain portion of the City's utility service area to Palm Beach County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are true, correct and incorporated into this Resolution by reference. Section 2. The City Commission of the City of Boynton Beach, Florida 3es hereby authorize the sale ora certain oortion of the City's utility service area ,generally known as Biltmore Terrace) to Palm Beach County Utilities, to establish a lew service area boundary between the City and the County based upon that sale, ~nd to authorize the execution of an Assignment and Acceptance Agreement for Nater Service with the County for the Florberto Laguna Water Service Agreement lated July 31, 1985. Section 3. ~assage. ATTEST: That this Resolution shall become effective immediately ~pon City Clerk PASSED AND ADOPTEDthis day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner (Corporate Seal) ~UO.-I~'OO(THU) 11:18 MOYLE, FLANIOAN. ET AL TEL:S61 6D 1789 P. O02 MoYI~, I~,*a~XGAN, K~TZ, KOLIWS, I~kYIVIOND ~l: ~HEEIL4.N, P~tk. ATFORNBY~ AT LAW We~Pahnl Fa r,~*~,,l*: (561) 65~-1789 Alll~u~ I0, 0.,000 Ta. llr&a~,a Ot2iuu (8SO] ~8I-3a~{ D~a~ 2olin: This leUer is a f~l_law, up m our several converrm~ons of yesterday. Duth~ those com~ you d~cdbedto me a po,~,.~_! lrausamiou bct~ dl~ City a~dPalm !~ County in whir, h the City mid ~{inqu~ a portfon of its uq!!~ se~ce area to ~he County in ~xchan§e ~r a ~y~ of ,~nq~ by the Couuty m zhe City, You inquiuud aa to thu t~-..~fion ,,.d.r tl~ ~y'a Utility System Reveuue Bond Resolution ~nl _u~j'_on au~ and suppimeuted). Sm 714 of the Bond Pmaolulion control,~ ~ m ~ ~ ~ ~y 7, I985, ~ ~ f~ ~ ~ ~ ~ ~ S~n Section 714 of ~ Bond Rcsolut{np_ con~.~ several provhln~s r~fivo m ~ ~UG.-FO' @0(THU) 11:18 MOYLE, FLANIGAN, ET ~i ' TEL:561 650 1789 P. 003 Au~un~ 10, 2000 Image 2 Section 714(c) of th= Boud Resolufiou provides fl{aZ fl~ proceeds of th~ disposition U~il__'_-y System am~..ts arc requizud tn be deposilcd irgot{~ R~wnue A=couut established uud~r the Boud R~soiul:jou. ~ Boud R~o{ntiou =stablisl~ a "flow of Ihnds" uud~ which _deposi=d in the Revenue A=count are appii~ ? ~ ~a~hion to pay dn{~ s~vic~ on the aud Improvem~ l=uud att he required l~v~ to m~. _k~ dntoositn m ~ Ram S~.b{l~u aredq~xii~ediAd]eC'eueuRP-eserve.A, ccm,u,f, z~m~unlsinthen~,.-.,,u ..... .- __ ~,~arlv'.',~-+~,-*~.*.---*.-,-**, -- *' ~ .~ ~,.um~_ city. has al~e~M.y budseu~! for the wo,;~.v ,.~'-'"8 ~-....~_~,_ ~ . .y ?~l,y flow:Zhzough to the O~uc, al Resezve ACCOunt Whure hope th~q has h~u zesponaive to our i ' . - - do= . ' .y, s o?you cc: Jame~ Clm, of CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER iNTER.DEPARTMENTAL CORRES~NDENCE DATE: TO: FROM.; July 18, 2000 James A. Cherof C ty Attorney Dale S~ ,$ugerm~ ASsist ~a~nt C ty~Manager and distribution.to the One c by irect fact that the City is a party to four ~le service territory: t~be sold to ~ do not provide' ~rassignment we would need to terminate these )n is that and one Thank you fer Should item to the City Commission agenda. be sure to contact me directly. Dale S. Sugerman Assistant City Manager John A. Guidry, Director of Utilities, w/o attachments Sue Krus~ City Clerk, w/separate attachments County A~orney Paint Beach Coun~ Board of Count~ Commissioners J-~" Maucle Ford Lee. Chair warren H. NewelL Vice Chairman F, aren T. Marcus Carol A. Roberts Mary ,McCarty Burr Aaronson Tony Masdotri County Administrator July I 1, 2000 JUL 17 2000 BOYNTON BEACH UTILITIES Dale Sugerman Assistant City Manager City of Boynton Beach P.O,Box 310 Boynton Beach, FL 33425-0310 RE: Biltmore Terrace Utility Service Area Purchase Dear Mr. Sugerman: Attached is a copy of the revised Agreemem you requested, which establishes the service area boundaries between the City and the County. I believe the revisions to Section 2(B) should address any concerns you may have had regarding the establishment of the service area boundary. In addition, I have reviewed the latest exhibits to ensure that they are consistent with the references in the Agreement. Gary Dernlan has indicated to me that he will have copies of the three- exhibits delivered to your office. If you have any questions, please do not hesitate to contact me. Assistant County Attorney LMB/lr Attachments AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH ESTABLISHING WATER AND WASTEWATER SERVICE AREA BOUNDARY THIS AGREEMENT is made and entered into this day of 2000 by and between Palm Beach County, a political subdivision of the S rate of Florida. hereinafter referred to as.the '~COL~TY". and the City of Boynton Beach. a Florida municipal corporation, tiereinafter referred to as the "CITY". WITNESSETH: WHEREAS, on May 7, 1,9,85, the COUNTy. and .~lT:y.ente[ed into an agreement, hereinafter referred to as 'R-85-757 , establishing a service area boundary between the water, and wastewater systems of the COUNTY and CITY; and WHEREAS. the area identified as the "Potable Water and Wastewater Service Area to be Pumhased by Palm Beach County", hereinafter referred toas "Service Area 'A' ", in Exhibit "A", which is attached hereto and incorporated herein, is currently within the boundaries of the CITY's water and wastewater service area: and WHEREAS, the CITY is ~,o,t, currently providing potable water, reclaimed water or wastewater service to S~rvice Area' A; and WHEREAS, the COUNTY wishes to proyide potable water, reclaimed water and wastewater service to Service Area "A'~; and WHEREAS, the COUNTY and CITY have adjoining water and wastewater service areas: and WHEREAS, it is mutually beneficial for the COUNTY and CITY to plan and coordinate the provision of potable water, reclaimed water and wastewater within their respective service areas so as not to duplicate capital investments: and WHEREAS, the COUNTY and CITY desire to modify the service areaboundary between the COUNTY and CITY's potable water, reclaimed water and wastewater service areas to permit the COUNTY to serve Service Area "A" and to re-establish the service area boundary provided for in R-85-757. NOW THEREFORE, in consideration of the mutual covenants, pronnses and representations contained herein, the parties agree as follows: 1. Recitals The recitals set forth above are tree and correct and form a pan of this Agreement. 2. Establishment of SerVice Area Boundary A. The CITY agrees that the COUNTY shall have the right to provide potable water, reclaimed water and wastewater service to Service Area "A". The CITY agrees that it will not provide potable water, reclaimed ~vater or wastewater service to Service Area "A". The COUNTY agrees to pay a total amount of $ I, 137,807.00 to the CITY within thirty (30) clays of the effective date of this Agreement for the right to provide potable water~ reclaimed water and wastewater service to Service Area "A" to the exclusion of the CITY. B. The service area boundary between the COUNTY and CITY for the provision of potable water, reclaimed water and wastewater service is hereby established by the legal description set forth in Exhibit "C', which is attached hereto and incorporated herein. The service area boundary is further illustrated in the service area boundary map, which is attached hereto and ~enCOrP0rated herein .as Exhibit "B". In the event there isa disparity between Exhibits "B" and "C', ~egal description set forth in Exhibit "C' shall control. The COUNTY shall have.the right to provide potable watex, reclaimed water and wastewater service to the area identified in Exhibit "B" as the "Palm Beach County Utility Service Area" and the CITY shall have the fight to provide potable water, reclaimed water and wastewater service to the area. identified in Exhibit "B" as the "City of Boynton Beach Utility Service Area". The COUNTY and CITY agree that neither party shall providepotable water, reclaimed water or wastewater service to locations with/n the boundaries of the other party's service area. The CITY acknowledges and agrees thatService Area "A" shall be within the boundaries of the COUNTY's service area upon theeffective date of this Agreement. C. The COUNTY and CITY agree that this Agreement shall not cause interference with or result in the transfer of ownership of existing potable~water; reclaimed water or wastewater facilities or infrastructure, well fields, or easements of either party except as~specifically provided for in this Agreement The COUNTY and CITY agree that both parties may operate, construct, repair, relocate, and maintain potable water, reclaimed water and wastewater facilities and infrastructure within the boundaries of the other party's service area for the purpose of providing potable water, reclaimed water or wastewater service to their respective service areas. D. This Agreement shall not be construed as impairing the CITY's right to annex property located within the boundaries of the COUNTY's service area. In ithe event the CITY annexes property located within the boundaries of the COUNTY's service area. the CITY and COUNTY agree that the rights of the parties under this Agreement shall not be affected by such annexation. 3. Applicable Law Any litigation arising from or relating to this Agreement shall be governed by the laws oftheState of Florida and venue in any suchproceeding shall be exclusivelyin Palm Beach County, Florida. 2 4. Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such shall not affect the ,remaining portions of this Agreement, and the~ same shall remain in full forceand effect. 5. -,: Enforcement Costs --' Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms or conditions of this. Agreement shall be b0me by the respective parties. 6. Entirety of Agreement Thi~ Agreemen(- represents the entire understanding between the p~es; and supersedes all other negotiations. ~presentations, or agreement, either writteh ~>i- oral.~ Wi~h:i-espect to matters contained herein. 7. Successors in Interest This Agreement shallbe binding upon and shall inure to the benefit of the COUNTY and the CITY and,their assigns and~successors by merger, consolidation, conveyance Or otherwise. 8. Counterparts This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. All of Which together shall constitute one (1) and the same instrument. 9. Filing A copy of this Agreement shall be filed with the Clerk of the CircUit Court in and for Palm Beach County, Florida. 10. Modification of Agreement No additions, alterations, or variations from the terms of this Agreement shall be valid, nor can the provisions of this Agreement be waived by either party, unless such addition, alteration. variation or waiver is expressed in writing and signed by the parties hereto. 11. Termination of Prior Agreement The COUNTY and CITY agree that R-85-757 shall terminate upon the effective date of this Agreement and the service area boundary set forth in Exhibits "B" and "C" shall apply. 12. Captions The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 13. Effective Date The provisions of this Agreement shall become effective upon execution of this Agreement by the CiTY and COUNTY. IN WITNESS WI-IEREOF, the parties have caused this Agreement to be executed on the day and year £rrst written above. ATTEST: DOROTHY E. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY BY ITS BOARD OF COUNTY COMMISSIONERS By: - By: Deputy Clerk Chair APPROVED AS TO FORM AND LEt;AL SVV CmNCY By: County Attorney CITY OF BOYNTON BEACH r Clerk By: Mayor City Attorney 4 N.T,S, .~. L--1'6'\ TOWN COUNTY ~'ATER ~ASTE~ATEI~ ~,7 PL S ,-,, ~ OF LAKE HYPOLUXO RD B~CH COUNTY UTIL135' ~ERVICE_ AREA ___L N.T.S. CITY OF DELRAY BEACH SERVICE AREA WATER AND WAS'I~EWATEI~'I P.O.C.- COMMENCE ATN.~, CORNER OF SECTION 12, TOWNSHIP ~45S, RANGE 42E (IN INTERSECTION OF NORTH SECTION LINE OF SAID SECTION 12, TOWN, SHIP 455 ~EET , OF HYPOLUXO ROAD 7,200 FEET ALONG THE CENTERLINE OF :INTEU. SECT ON OF Tm CENTE n,m OF LINE bF THE LWDD E-3 CANAL THE EAST R.O.W. LINE INTERSECTION OF THE EAST R.O.W. L-19 FEET ALONG THE NORTH tLO.W. OF ' THE NORTH R.O.W. OF OF SAID MILITARY TRAIL (SR APPROXIMATELY 4,480 FEET TRAIL (SR 8(J~) TO A POINT OF OF THE SOUTH BOUNDRY LINE P.C.D. (77-151,152) AND THE 09) FEET ALONG THE SOUTH BOUNDARY P.C.D. (77 - 151, 152) TO LINE OF HAVERHILL ROAD THE EAST R.O.W. LINE NTERSECTION OF THE EAST R.O.W. .~ST R.O.W. LINE OF SAID MILITARY FEET ALONG THE WEST R.O.W. LINE OF THE SOUTH R.O.W. R.O.W. LINE OF SAID MILITARY THENCE WESTERLY APPROXIMATELY ~2,600 FEET ALONG THE SOUTH R.O.W.LINE OF SAID LWDD L-21 CANAL TO A'Pd~'f~F'INTERSECTION WITH THE SOUTH R.O.W. LINE OF SAID LWDD L~21 CANAL AND THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL TH~'NCE SOUTHERLY APPROXIMATELY 23,690 FEET ALONG THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL TO A POINT OF INTERSECTION OF THE EAST R.O.W, LiNE OF SAID LWDD Ez3 CANAL AND THE NORTH R.O.W. LINE OF THE, SAID LWDD L-30 CANAL. THENCE EASTERLY APPROXIMATELY 2,70C FEET ALONG THE NORTH R.O.W. LINE OF SAID LWDD L-30 CANAL TO THE F.O.T AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF THE SAID LWDD L~30 CANAL AND THE EAST R.O.W. LINE OF SAID MILITARY TRAIL ASSI'GNiVlENT AND ACCEPTANCE AGREEI~ENT FOR WATER SERVICE This Assignment and Acceptance Agreement made this day of 2000 between Palm Beach County, a political subdMsion~ of the ~te of Florida, hereinafter referred to as the'"COUNTY';", and City of Boynton Beach, a Florida he"' 1TY" . Mun c pal Corporation, hereinafter referred to as t ¢ , and Floriber~o ,Laguaa, an ~ R~ individual, hereinafter referred to as CUSTOME , WHEREAS, on July 31, (hereinafter described as service to a certain property (hereinafter the CI-FY. The property is mom s and incorporated heroin; and agreement provide water I outside WHEREAS, as a consideration for receiving water service from the cl-rY, the CUSTOMER agreed that the execution of the 1985 Water Service Agreement would be a voluntary petition for annexation into the C1TY pursuant to applicable Florida Statutes; and WHEREAS, the Water Service Agreement and the covenant for annexation is intended to and is made a covenant running with land and provides that all subsequent transferees, grantees, heirs, or assigns or successors of the CUSTOMER shall be bound by the annexation covenant; and WHEREAS, the COUNTY and the ClTY have adjoining water and wastewater service areas; and WHEREAS, in Hay 1985, the COUNTY and the City entered into an agreement, establishing a service area boundary between the water and wastewater systems of the COUNTY and C1TY; and WHEREAS, the COUNTY and CITY presently desire to modify the 1985 service area boundary agreement between the COUNTY and the CITY to permit the COUNTY to purchase and service some area (hereinafter described as "Service Area'~ from the CITY. The service area is more specifically described in Exhibit "B" and attached hereto and incorporated herein; and WHEREAS the property as described in Exhibit "A" is located within the service area (Exhibit "B'~, both currently under the CI-I-Y's general water service jurisdiction; and WHEREAS, the CITY is desirous of modifying the 1985 service area boundary agreement to permit the COUNTy to purchase and service the service area, while at the same time retaining its legal rights under its Water Service Agreement with CUS-I'OMER for voluntary annexation; and WHEREAS, the COUNTY shall .have the right to provide water service to the property in accordance with its uniform policies and procedures manual and applicable County ordinances following modification of the 1985 Service Area Agreement. NOW, THEREFORE, for and in consideration of the premises and conditions conta ned herein, and for other g~ogd and v~algab.e cons deration,. · the receipt and sufficiency of which is hereby acknowledged, the parbes agree as follows. 1. The foregoing whereas clauses are hereby ratified and confirmed as being true and incorporated herein by this reference. 2. The C~TY's right of annexatipn of the property as set out in the Water Service Agreement shall survive the sale or,service area to the COUNTY and. the property shall be subject to annexation at the option of the CITY at any time that it is eligible under applicable annexation law. 3. This agreement shall be binding on, and shall inure to the benefit of the heirs, legal and personal representative, successors and assigns of the parties hereto. 4. Upon execution of this Agreement, CITY shall record same m the public Record of Palm Beach County, Florida. TN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on the date first above written. PALM BEACH COUNTY, FLORIDA BY l-rS BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney A'I-I-EST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY eib/AEorhey WTrNESSES: Print Name Print Name cTrY OF BOYNTON BEACH By: Nayor By: FLORIBERTO LAGUNA S:ca/agmt~assig~ and accept agmt AGg~EMENT FOR WATER SERVICE OUTSIDE TIlE CITY LIMITS Thi~ sEre-sent, made on th{~ 31Stday of July 1985~, by and between FLORIBERTO LACUNA ' , hereinafter called the CUS~OM~R, and the CITY OF BOYNTON BEACR. a municipal of the State of Florida. hereinafter called the CITY, WITNESSETH, chaC the CUSTOMER his heL~s and assigns, for and in con- sideration of the privilege Of receiving water service from the Municipal Water System agrees co the following: * This A~r~ement. pertains t6 the property described in attadhment "A" ~¢opy of Warranty D~ed~dated 10th of July~ 1985). . I. The CUSTOMER agrees Co pay all costs of engineering, mater/als. 2. Any main extension made under this Agreement shall be used only by the C~STOMRR., unless permission is granted by the City of Boynto~ Beach for other party or parties to so connect pursuant to the code of the City of Boyn~ Beach. '3. Title to all mains, extensions and other facilities extending from hhe City water discributio~ system to and including the ~eter to service ~ the CUSTOMER shall be vested co the CITY exclusively. ~. The CUSTOMER agrees C~ pay all charges, deposi£s, and races for service and equipment 'in connection with.water service outside the City limits applicabl~ under City Ordinances and rate schedules which are now applicable or as may be changqd from time to time. 5. Any rights-of-way or easements necessary shall be provided by ~he CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the ail ~acer to be furnished, supplied, and sold under chis Agreement is made available from a surplus, rf ; surplus does not exist at the time of City's Director of Utitlties, then the CITY without liability may refuse to 8. The CUSTOMER acknowledges that chis covenant for annexation is intended co be and is hereby made a covenant running with the land described in "Exhibit A', attached hereto and made a part hereof. This Agreement ~s to be recorded in the public records of Palm Beach County. Florida, and the CUSTOMER and all subsequent transferees, grantees, heirs or assigns of CUSTOMER shalh be bound by chis Annexation Agreement. 9. It is agreed ~hat the City ~hall have no liability in the event there is a reduction, impairment or termination in wacer service to be pro- vided ~ader this AgreemeDt due to any prohibitions, restrictions, limlta- tions or requirements cE local, regional, State ~r Federal agencies or other agen¢les havimg jurisdictlon over ~¢h matters. Also the City have no liability in tnt even~ there is a reduction, impa~ment or beyomd the City's reasonable control. lO, The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Eoyncon ~each, Florida, its Mayor, Members of City ~ncl~ding ~easonab[e attorneys' fees (whether and expenses, - year ~ TO CUSTOMER: CUSTOMER STATg OF FLORIDA COU~ OF DADE ! HEREBY CERTIFY that on this day, before me, an officer duly reseed in him as owner of the said OrerOn~. ~'~=~ · .... T said property descrlbed zn xhlblt '~tached fi My Co~nisston Expires: CITY OF BOYNTON BF~CH FL to C'ty of ,Boynto~//~each l/ STATE OF FLORIDA COUNTY OF PALM BEACH I ~R£BY CERT£rY that on this day, before me an officer duly a~kalow~edgemen{:~ pe~somal~y appeuced ~ ~a - .4kc::..,<Z:? . / ~' Appruved as :o form: Legal Oesc~/~pt~on Approved: City Engimeet BENJ~IN BUILDING CORP., a Florida corporation, .d~ose nostoH, c,, address t~X~ 1153 N.W. 1St St., ~iamg,FL 33135 Co~encing at.a poin~ in the West line of Section 12, Township 45 Sou~ Range 42 East,=,904~25 feet N0r~ of the Southwest corner of Section 12 thence go in an Easterly direction at an angle of 90 degrees, a distance of approx~ely 653 ~ee~, to a point; thence in a Southerly directior that inte~ec~s ~to a poin= on ~ Sou~h line of said Section 12, which is a ~stance of 653.16 feet Hast of the Southwest corner of said ~ction~12, Do a point; thence Westerly along the South lin~ Said description and Helen I. Morton, his wife, and filed August 9, 1963, in Official RecOrds Public Records of Palm Beach County, Florida; les Right-of-Way for Haverhill Roa~. s~mplo; that i~ ~ ~d r~ht and luff al ~ut~y to sell ~d conv~ sa~d land: gh=t -~ ,.., ~,~ Si~L~A ST:_.~,~. ............................................. .and ............ STATE OF FLORIDA COUNTY OF OAD~ -.HRN'XAM.IN...BUTT,DING.. CO~D .......... : ........ /2 / Y-.----~,.---~ .-..~.-...' ........... ~.,k'~;Z.~ .,.. ..... FERDOSS PULLING ..... w ~,~,~ FERDOSS PULLING, President of BENJAMIN BUILDING CORP., a Florida corporation, ~%-- PALM 8~CH COUNTY. F~ f I ' "/ ////~ AGENCY AGREEMENT I, Floriberco Laguna, hereby appoint Buell C. Rollins as my Agent to act and speak and to negotiate and deliver all necessary instruments on my behalf in any and all mat:ers pertalnzeg to the ~ezoning of the real property known as PERSIAN GARDENS and legally described as follows: tion ;ion 12 the .said of the ~, Inc. his filed Book Palm Dated this 31 1985 at Miami ON THIS 31st day of July in the year ~985 personally appeared before me, the umderszgned ~lor. ibert~ L~guna, to me well known, ackmowledged that he ~xecutad this Agreement for Agency for the in~nts amd purposes stated therein. Notary Pub/ic State of F~orida My ~mm~ssio. ~pJres RECORD VER{~I~O PALNi ~EACH COUNTY, BOYNTON BEACH AS DEFINED IN THE ASSIGNMENT AND ACCEPTANCE AGREEMENT FOR WATER SERVICE Requested City Cormn/ssion Mmetine Da£¢_s [] July 18:2000 [] August 1, 2000 [] August 15, 2000 [] Sepmrnb, er~6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned July 6,2000 (5:00.p.m.) July 19, 2000 (5:00 p.m.) August2;2000 /5;00p.m0' August 16~2000 (&00p.nl.) Requested City Corttmission ~ September 19, 2000 []i October 4, 2000 [];i November 8. 2000 X-NEW BUSINESS ITEM C Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 NA'I'DRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECONEV~NDATION: Motion m approve the Special Event Permit request for Cole/Qinnn wedding and reception at Oceanfront Park on November 4, 2000. EXPLANATION: Susan Quinn and David Cole have requested the use of Oceanfront Park for a wedding ceremony and reception on November 4, 2000. Susan Quinn has completedl a Special Event Perafit apphcation for this event. The applica~tion was rev/owed, and approved by the Fire Deparune~t,. . Police Department, Depamnent of Development, Risk ,Man~g~m~ent, P~bhc Works and the Depanmant of Leisure Servmes. Approximately 60 people will attend. The Leisure aervlcos ~Jeparlment recommends approval of the special event peri, t; City Commission authorization is needed in accordance with ordinance//098-37, due to the religious nature of this event and the disbursement of alcoholic beverages. PROGRAM IMPACT: The wedding ceremony will be conducted at the south end of the beach property. The reception will include, food, beer and wine and will be contained to the picnic pa~,ilion area. Wedding guests will curpool with approx'~nately 20 cars parking in the lower parking lot. There should not be a negative impact on beach-goers or parking conditions at Oceanfront Park. FISCAL IMPACT: ~-iPc~;1/~a~o~.fee m ~,e oamo oun~t~f *15 has been. .received. A p ~erqrnt fee of $25 will be assessed when permit is issued. ~,,,~ ~vmon rentm me oz ~z5 for each pavihon and the duniage deposit has been received. · Daily parking fees will be charged to the applicant. ALTERNATIVES: · Approve request without alcohol. · De~y Special E~t. City Manager's Siguatfire Department Name S:kBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources {~,~(~ 5~ 44 C, ITY OF 9oYl~rrot~ s~c~ s~Ec~ E~S SE~O~ ~'~ ~ _~- ~ ~ ~PLICA~ONFORSPECI~E~S Pl~e ~e ~fion or p~t le~ly ~ ~k ~ A~cafi~ ~t ~ ~led our co~letely: A de~fled site ~p,sho~g all t~o~ s~c~ loca~ons/stages. ~s~o~,si~ge; ~ etc,} mint be a~e& A~li~fion f~ must also be included wh~ a~li~a~on is ~ed ~W ~e~e~iil~v~ S~fion or it ~I1 ~t ~ ~ie~d. EVENT PROPOSAL CoG Event Day I Event Day 2 Event Day 3 Event Day 4 Evon!. Day 5 Date 5~u~DA~ Begin End ~ 0 AM (~M ~ C)AM Q~ OAM O'PM 0 AM 0 PM ~OPM 0/~ 0 ~ ' ~OAM 0 PM 0~0PM ~ O'AMOPM Set up for event will bcgion on Breakdown will be complete by Alternate date for your event Organization (s) Producing Event Name ,~:~t~:;uq DM. (.~b~tzsr~ F~ Smt~iv Phone F~ Individual(s) Responsible Address City. State/Zip Phone Fax .. Please state Non-Profit, Private or Co.u,ercial Tax Ex~,,,pt Number Corporation Name Dat~ of Incorporation (Please attach a copy of your sales tax certificate to ~he application. Purpose of the event (Goals, etc.) . , Address s~/zi~ Phone Numbe~ of years this event has taken place in the City of Boynton Beach. Is event produced in other ciities? -t~MI -~ If yes, what How many full time staffmembers in the ois,mization? /",,11 -r~' v.,~ ....... * ~ lJ~-~c- ............ ~ CTI'Y OF BoYI~roN BEACH SP~!AL EVENTs SECTION A~PLICATION FOR $1~IAL EVENTs Estimated number of participants ~ C) Please list charges for participants and viewers below (admission, registration, or entrance fees) Vendor Fees Nurober Fond Vendors _.. ,,kJ { ~ Cost Per Vendor Estimated Revenue An Vendors (other) Tickets/Regi~tion Number Cost per Adults ~,~ ] ~ Ticket/Registration Fee Estimated Revenue Childr~ Saniors Howwill thaserevenuas beufilized? ^ 1] l~ ' If the proceeds ofthe requ;.Stsd event are inte~ for an ~..~,,;.~r --, . information: --- _ ___~on ~m=r ~han the apphcant, please provide thd following Benefiting organ/zation: Addr*~s: Con.ct Person: Terms Of Agreement: Total Est/mated Donation: Event Logistics: City/State/Zip: Phone: Will your event require road closure,') ? C) If yes. please describe requested streecs and t~mes below: ^ map ofthisarca must be altached --'PiCAO| C.~ <g/4-~"~?1~..~ ~ Does ~e p~ ~a include fenced a~? ~ ~ ~ ~ccific ~ui~n~ ~ing f~cing on ~W pmp~ff yes. cindy indicate Will ev~t ~uire ~e ~e of cilicia? O Y~ ~ Lo.t/on: Even~ ~ui~g et~d~ m~ ~ an eie~ci~, lien~ed in ~e Ci~ of Boston B~. (Pl~e show locations ~n ~p) N~e of El~c~ ~ { ~ Comply N~e Phone No. ~ ev~t ~ is ~nsible for cle~-up of all ev~t sites. ~e Ci~ ofBo~ton B~ch will ~de dumpers cle~-upc~llbe~. ~o~ll~ cl=~-.n~. ' - ~ec~. Ifev~tstte~snotcie~ .,. .r yourevent at ?~ ~u~ all dumping f~ will be charged to ~e pmmot~ b ' · - ~ ~ ,~ ~ Coc ~ ~A ~ ~ ~ ~e ---- -~ -.race O~ng ~d ~r the ev~ thoroughly, a Comp~r ~~ Phone: Numb~ of ~ste~: I Lo~t~on (ple~e s~w on map): Number of~t~ r~om f~iliaes being place: O ' (~e minim~ num~ of f~ilitias should be one ~r 2~b' ~c~. Ple~e show on lo.nons Will ~c oe pmvid~ ~ES O NO Number of loud s~: ~ME OF DAY ~E OF MUSIC Are you utilizing public WanspoF~ation? O YES ~)'lq~ How? Please explain. Are you proposing to place signs or erect banners on public property? Wil! any temporary structures be erected (stag. es, rants, ticket booths, etc? (Indicate the~' iocationg on~ sit~ map) Will the event have any vendors or concession sales? Will ~e event include amusement ridesO What amusement rides are planned.'? O YES ~ O YE$'O ~OO O YES ~/'O~P~esse indicate providing the equipment (All amusement fides must be approved by the state,. Please indicate on site map) Please enclose a non-refundable $25 application fee payable to The City of Boynton Beacl~ Spec/al Events Office, 100 E. Boynton Beacl~ Blvd. ~'O - ~)O7c .~ l O Boynton Beach, FL :}34250310 (561] 742-6222 ~ Date I FOR STAFF USE o SALES TAX CERTIFICATE ~)~S~ICATION FEE ~CEIVED: NAME ON CHECK: CHECK ~. AP?R. OVAL$: DEPARTMENT OF DEVELOPMENTS FIRE DEPARTMENT POLICE DEPARTMENT RISK MANAGEMENT PUBLIC WORKS LEISURE SERVICES SIGNATURE AMOUNT: DATE APPLICATION RECEIVED SIGNATURE SIGNATURE SIGNATURE §IGNATURE SIGNATURE DATE DATE DATE DATE DATE Reguested City Commission Meetin,q Dates [] July 18, 2000 [] August 1. 2000 ~ August 15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dote Final Form Must be Turned in to City Clerk's Office July6, 2000 (5:00 p~m.) July 19. 2000 (5:00 p,m.) August 2, 2000 (5:00 p,m,) August 16, 2000 (5:00 p.m.) Requested City Commission Meetin,q Dates [] September 19, 2000 [] October4. 2000 ~ October17 2000 [] November 8, 2000 X-NEW BUSINESS ITEM D Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 ;).m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Bus~ness [] Announcement [] Presentation RECOMMENDATION: To concur with the Recommendation of the Community Relations Board to oppose the Renaming of a portion of Martin Luther King Boulevard. This may be accomplished by a motion. EXPLANATION: The Community Relations Board conducted a special Neighborhood Meeting on Wednesday, August 23, 2000 with the topic, Forum: Street Renaming. Many residents attended the meeting. In accordance with the published' agenda, residents spoke both in favor and against renaming a portion of MLK Boulevard. Note: The meeting minutes and the Attendance Roster are attached for your review. Immediately following the meeting the Community Relations Board voted. The vote was unanimously opposed to the street renaming. PROGRAM IMPACT: Minimal. Several residents who reside near the portion of the street in question will be disappointed and fl'ustrated with the decision. However. the majority of the residents ara opposed to the street renaming proposal. FISCAL IMPACT: None. ALT .~.~A~IVES: .N/A ~*_ Depajz'~n~ead ~ ~ig%~ature Department of Development Community Redevelopment/Ne ghborhood Services Department Name City Manager's Signature City Attorney / Finance / Human Resources Requested City Cdmrn ssion Meetin.cl ~ Dates [] July 18. 2000 [] August 1.2000 [] .~ugast 15. 2000 [] .September 6, ~000 · CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must .b,e Turned in to CAy Clerk s '~ Office July 6, 2000 (5:00 o.m.) July 19. 2000 ~5;00 p.m.) August 2, 2000 .(5:00 August 16, 2000 (5:0~p.m.) Requ~d City CommissiOn Meeth3,q Dates [] September 19. 2000 [] October~4~ 2000 [] October.17, 2000 [] November 8, 2.000 Date Final Form Must be Turn_edwin to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.rn~) October 18. 2000 (5:0(~ p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans ~1~ Consent Agenda [~ New Business [] Public Headng [] Legal [] E~ids [] Unfinished Business [] 'Announcement [] Presentation RECOMMENDATION: To approve the Recommendation of the Community Relations Board to oppose the_ Renaming of a port on of Martin Luther King Boulevard. '-'~"g',,-~ EXPLANATION: The Community Relations Board conducted a special Neighborhood Meeting on Wednesday, August 23, 2000 with the topiC~ Forum: Street Renaming. Many residents attended the meeting. In accordance with the published agenda, residents spoke both in favor and against renaming a portion of MLK Boulevard. Note: The meeting minutes and the Attendance Roster are attached for your review. Immediately roi ow ng the meeting the Community Relations Board voted. The vote was unanimously opposed to the street renaming. PROGRAM IMPACT: Minimal. Several residents who reside near the portion of the street in question will be d sappointed and frustrated with the decision. However; the majority of the residen/~are opposed to the street renaming proposal. FISCAL IMPACT: None. ALTERNATWEs; NIA ~'C~ (~ ~H~ nature " ~lag;~; Signature o~m m u n ,~:~e~v~ion~ ifenD~/~ ~ o d Serv,ces //~atare Department Name City Attorney / Finance / Human Resources NEW BUSINESS D. · MINUTES OF A SPECIAL COMMUNITY RELATIONS BOARD MEETING HELD AT '1 FLORIDA, ON WEDNESDAY, AUGUS'I' 23, 2000 AT 7:00 P.M.- PRESENT ALSO PRESENT Ron Washam, Chairman Beth~ Miller, viC~ Chair Anne C, enfi Blanche Girtman Eddie Mitchell Bren, da wi ams Dan DeCado Neighborhood Soeciaiist Octavia Sherrod, Community Development Manager ABSENT David Carter Brett Sherman Hansome Jones, Alternate David Katz. Altemate I. OPENING Chairman Washam celled the meeting to order at 7:03 P.M. and requested that Ms, Blanche Girtman lead the Pledge of Allegiance to the Flag. II. ROLLCALL The names of the Board members present were celled and a quorum was declared present. III. WELCOME AND RECOGNITION OF VISITORS Chairman Washam welcomed everyone who had come to the meeting and recognized the presence in the audience of Commissioner Charlie Fisher. IV. AGENDA Chairman Washam introduced the Board members an(~ gave a brief history of the Community Relations Board, stating that it had begun approximately forty years ago as the Race Relations Board. He stated that the Board had experience in community forums and in handling conflicts which required resolution. Chairman Washam advised that the meeting had been called in response to a charge by the City Commission to the Community Relations Board, that of the potential re-naming of Martin Luther King, Jr. Boulevard to the east of Federal Highway. Chairman Washam stated that all points of view would be heard and the Board would make a Meeting Minutes Community Relations Board Special Meeting Boynton Beach Florida August23.2000 recommendation to the City Commission based on the consensus of the Board members. He made it clear that the final decision would be uo to the City Commission, Chairman ~ was All of the the street would speak first, e had s m favo~ was to be would Commission. were proper conduct to the threats of ~ writing c also or her record. " Vice Chair Miller observed that the Chinese symbol for conflict wasd~e?ed from two Chinese words, danger and opportunity. She stated that confl ct was r~eit~er ~°si~ive ndr negatve anc~ that if steps were taken to modify the events and manage the emotions, almdst any conflict could, bedome a source of opPdrtunity. ~ ~ ' The following persons spoke in favor of changing the Name of Martin Luther King, Jr. Boulevard: Mr. Kevin Sullivan, 756 Rider Road, Boynton Beach Ms. Sandra Chaverra, 626 N.E. 10m Avenue, Boynton Beach Mr. Christopher Todd,6877 S.W. 18* Avenue, Boca Raton Mr. John Fraser, 627 N.E. t0a Avenue, Boynton Beach The reasons for their preference to change the name of the street were: The residents were not notified at the time of the name change. · The City did not follow the proper procedure for changing the street nan'le. · They feared property values would decline if the name was kept the same. · They did not like to be associated with a street said to be synonymous with violence and crime. The following persons spoke in favor of dismissing the issue 'entirely. Mr. James Miriana, 728 N.E. 8m Avenue, Boynton Beach 2 Meeting Minutes Community Relations Board Special Meeting Boynton Beach, Florida August 23', 200(~ Mr. Brian Edwards, 629 N.E. 9th Avenue, Boynton Beach Both gentleme~ stated that the intent of iNCA (inland Cove Associationl had been to establish nautical street names east of Federal Highway in their neighborhood, as an enhancement to the commun ty. There had never been an ntentionto offend anyone Also, the g~idelines for Changing street names were found to be cost prohibitive and NCA had Withdrawn ts application for the change in street names. jr.TheB°ul~vardf°ll°wing asPers°nsit is tod~y:Sp'-°'ke in favor of keeping the name of Martin Luther K~ing, Ms. Ms~ M Beach ~Drive, Boynton Beach Beach ;~Costanfino, Boynton Beach Martin Luther King, Jr. The speakers in favor of keeping the namer of Martin Luther King. ,Jr. Boulevard the same gave the following reasons for their preference: Seems as if people would rather have "Butterfly Way' than Martin Luther King, Jr. Boulevard; This is dividing the City; Dr, King stood and died for Iove, trust, honesty, justice and freedom for ALL people, regardless of race or creed; Own Iotsi:on 9~ and 10"' Avenues - property values have not gone down - have gone UP every year;, The idea,that there:are people who don't even want to live NEAR a street named Mai'tin Luthe~r King, Jr. Boulevard is a cause for concern; . In 1984 the issue was advertised in the newspapers telev s on and radio, and~'seve~al meetings were held by the City Commission, and no one who ~came to th;e meetings, black or white, objected to the name; If there isno procedure for street naming, then are all the other streets in the City to:be changed? What about Seacrest Boulevard, which used to be Greerr Street? Are we going to go 0ack and change that? This relat rely Small issue could blow way out of proportion. We have Ah OpportUnity to be the moral conscience of Boynton Beach - how wonderful it would be if we could all "take the high road"; If people are concerned about crime and violence on Martin Luther King, Jr. BouleVard. let them come together and work with us to change that. 3 Meeting Minutes Community Relations Board Special Meeting Boynton Beach, Florida August 23, 2000 tChairman Washam declared that the s~cond half of the public audience was closed as here'Were' no o~h~r~ pedpl~ who WiShed to ~pe~k. Chairman' 'Washam' -'0ffered. the Commun tY Relations Board members an opportunity to comment~'~on~t[de;i~sue Observing;the same th~ee:~inute fir~e li~ t-rd e. Their comments are summarized belOW: ~ Of the City and had worked very hard to get had Jr, Boul did Jes not thence in which Cha t~an Washam conC uded by saying that When t~e Commun ty Relations ~oard was ,,,~ ... .~ f0r~the: comh~ni '; tb vb ce; ~ 0~ini~ pro and haraed w~h presenting an Open Forum , t~.~ . ,, h ......... ~...~7~ ;~i. i~=,~.~ they ~vanted it to be as fa r as possible, mey be~evea m~s!;~u u?~,I ;~ie%~" '.'"~e,~'t~'{e6 t~at if anyone Wished ~ contest;~h~e :i~sue fu"her:they ~i~ con,ac, the,Ci~ AEorney o¢ their leglslatom. Vote by;the Board, Members Chairman CWasham .stated that he He stated that he had not heard any of the street.'~ He also said that while he he woutdhave gladly marched with Dr. King a name as Martin,' Luther King,- Jr.:, Boulevard. ' was a great man who ~t~' ~AbS°lu~lv, keep it as it is; Ms. E 7;~-f~;;n .the Same;Ms. Brenda Williams, keep it same; a'nd Ms. JoyCurrier, keep it the same. King ,, retained. ~n the issue. the name Jr. Boulevard, keep the street reed, saying he Centi let it it the ;the Community Relation ith~ name Martin Luther 4 Meeting Minutes Community Relations Board Specia Meeting Boynton Beach, Flodda August 23, 2000 Chairman Washam said that the Community Relations Board met on the first Wednesday of the month in Conference Room C in the west wing of City Hall, and invited all who wished to attend the meetings. Commiss oner,,F sher spoke to the assembly prais ng the r profess onalism, community spi¢it and the'fact'that l~0th Sides hadcome together to discuss the iSsue. He was prou~ the°f thefinal, outC~meParticipantsefandthe prOUdmatter.tO be associated with the entire community, regardless of The-meeting was duly adjourned at 8:20 p,m. Respectfully submitted, Susan: Collins Recording Secretary (two tapes) 5 City of Boynton Beach Community Relations Board Forum: Street Renaming Date: Wednesday, August 23. 2000 Location: Rolling Green Elem School First Name Last N~me D~Y Ph°ne'Number City of Boynton Beach Community Relations Board Forum: Street Renaming :~Date: Wednesday, August 23, 2000 Location: Rolling Green Elem School Attendance Roster First Name - ~-- ~---=~ nas Phone Number_ _ City of Boynton Beach Community Relations Board Forum: Street Renaming Date: Wednesday, August 23, 2000 Location: Roiling Green Elem School Attendance ROster F;rst Name Last Name Day Phone Number ,~_ , ~J~ ~ ?~-'?~'~ City of Boynton Beach Community Relations Board Forum: Street Renaming Date: Wednesday, August 23, 2000 Location: Rolling Green Elem School Attendance Roster Last Name Da_y Phone Number City of Boynton Beach Community Relations Board Forum: Street Renaming Date: Wednesday, August 23, 2000 Location: Rolling Green Elem School Attendance Roster First Name Last Name I Day PhOne Number X~-LEGAL ZTEM A.1 ORDINANCE NO. 00- AN. ORDINANCE OF THE cTrY COMMLRS~ONOF THE CTFY OF BOYNTON BEACH, FLOR[DA, AMENDING LAND DEVELOPMENT. REGULA'r[ONS, CHAPTER 20, AR'I'[CLE Il[; ELECTR/CAL CODE, BY ADOPT[NGTHE [999 NATIONAL ELECTR[CAL CODE AND THE BOYNTON BEACH AMENDMENTS THERETO; PROV[DING FOR CONi:LZCTS, SEVERABILtTY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS; in order to compS/with Rortda statute 553.73, staff the. 1999 National Electrical Code and the nton Be~.h Amend ~m~n.. t~ th~to; and WH~, the ~ !C;O~miss~ has determined that it is in the interest of the Oty, its residents, property owners, and visitors to ~amend Chapter 20-of,tt~. ~:i Development Regulations by adoption of · ~the 1999 National Ele.~;cal ~ and the Boynton 8each Amendments :hereto; and WHEREAS, Chapter 533.73, florida Statutes provides that the City Commission for Boynton Beach, Rorida shall have the power to adopt recent editions of and revisions to the Bectrical Code; NOW, THEREFORE, ~Tr ORDA[NED BY THE C1TY COMHT$S~ON iF THE cTrY OF BOYNTON,BEACH, FLOR.q:)A, THAT: SecUonl: of the Land Development Regulations, ~ticle n Bectricai~ Qx~ is ih~ amended by adding the words and tgures in underlined type~ and by deleting the words and figures in ~:.;~ .... =..~..~;; '~-'...:c :~., .... -~.~_,~ : ' := :m~.~dcd, are hereby established... Section 2. Each and every other provision of Chapter 20 of the gand Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 3. All laws and ordinances applying to the City Of ~oynton Beach in confl[~ with any provis OhS ef this ordinance are hereby e~~ prov S on ;Of this Ordinance or Vice Mayor COmmissioner C:ommi~,ioner O~y Clerk Cc~ty Sea) BOSTON BEACH AMENDMF~NTS TO THE 1999 NATIONAl, ELECTRICAL CODE CODING: Words underlined are additions to the 1999 NEC Words saqeken are deletions to the 1999 NEC Article 90 - Introduction 90-10 - Incornoration of Standard. The Model Building Code Enforcement Adminigt~ative Code. 1997 Edition. is hereby adonted by reference and is incor0orated aS fflier6in, and is' ' intended lo nrovide for the administrative aspects.of the National Elecrri6a~ Cfide. I9~9 Edition and these amendments thereto. CHAPTER 1 Scope. This article contain Code. technical terms terms used in two or ~ in which Par~ A of this throughout this Code. specificalt3 tpply wherever the terms are used 600 volts, nominal. All the Code. Article 110 - Requirements for Electrical Installations B. 600 Volts, Nominal, or Less 110-26. Spaces About Electrical Equipment. Sufficient access and working space shall be provided and maintained about all electric equipment to permit ready and safe operation and maimenance of such equipment. Enclosures housing electrical apparatus that are controlled by lock and key shall be considered accessible to qualified persons. All meter rooms and electrical equioment rooms shall be ventilated as her NFPA-70. There shall be no storage of combustible material within electrical meter or e~uioment moms. A wateroroof sima shall be olaced on the door "No Combustible Storage Allowed." Letterin~ shall be a minimum of 1 ~" himh and shall be of a contrastim, color. 11 0-26(00)Co) Foreign Systems. The space equal to the width and depth of the equipment shall be kept clear of foreign systems. For¢i~ systems above the dedicated electrical svace shall have =nlcz: protection is provided to avoid damage from condensation, leaks, or breaks in such foreign systems. This zone shall extend from 6 fi ttl.83ml above the top of the electrical equipment to the structural ceiling. CHAPTER 2 Wiring and Protection Article 210 - Branch Circuits A. General Provisions ~- .... ~ ~-~": ..... "~' ~-~-;~';~ '~ The orovisions of this article apply to branch circuits sunotvin~.liahtin~ or annliance loads or combinations of both. Where motors or motor-operated anolianCes~ are ~0rmected to any branch Circuit that also snnplies Iigh~ing or other~appliance loads~ the orOvisionsofb0th this articie andArticle 430 Shall anolv. Article 430 applies where a branch circuit Sunolies motor loads only. Branch circuits Shall l~e r>lainl¥ marked at the · overcurrent ~rotective device so that they can be auicklv and oositivelv identified. Section 210-8. Ground-Fault Circuit-Interrupter Protection for Personnel. 210-8(a) (7) Wet bm- All sinks. Where the receptacles are installed to serve the counter, gO?surfaces and are located within 6 ff. (1.83 m) of the outside edge of~ all sinks. Receptacle outlets shall not be installed in a face-up position in the work surfaces or countertops. (b) Other than Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified below shall have ground-fault circuit-interrupter protections for personnel. (1) Bathrooms. (2) Rooftops. (3~ Outdoors. (4'} A}I sinks, where the receptacles are installed to serve the counter top surfaces and are located within 6 ft. (1.83 m~ of the'outside edge of all sinks. Exception No. 1: Receptacles that are not readily accessible and are not supplied from a dedicated branch circuit for elect~'c snow-melting or deicing equtpment shah be permitted to be installed in accordance with the applicable provisions of Article 426. Exception No. 2 to {3) and (4) above: A sinele receptacle or duvlex recevtacle for two ant~liances located within dedicated St~ace for each avoliance that in normal use is not easilv moved from one Olace to another, and that is co~;d-and-t~lu~~connected in accordance with Section 400- 7(a)t~6). ~a)t~7). or (a)(8). 210-11 (c)(4) General Li~htine Outlets - Dwellinn Unit. ,In dwellin~ units, a 15-amoere c~muit may have ten {i 10~ ~eneral li~htimt outlets and a 20-amoere circuit may have twelve (12'~ ~eneral lighting outlets. B. Branch-Circuit Ratings 210-26. Aonlianee Branch Circuits Dwellin~ Unit(st. The followin~ aooliances shall be i~stalled on a seoarate braaeh circuit: (D air conditioners. (2~ refrigerators. (3) dishwashers. (4} aarba~,e disoosals. (5} microwave ovens, and (6~ any ao~liance rated at or above' 1/? horsenower or 750 watts resistive load. C. Required Outlets 210-50 General (d~} Snacine. Any building to be used for other than office occupancies, warehouses used for storage only or,dwellim, units..shall have rec*otacles installed each twenty 120) feet of unencumbered ~all mace. Ali recVOtacles~shall be installed at accessible Iocations and thla acce~itSi~, Sh~be~ntm.aefl. re~ardless o f;~watl;,fixmzes~o~,other ,modffieataons~, Dffice · occunancles,sh~;have rec,otactesan~talled e~.~h~ twe~t2~ ~et'ot~ unen~emd'~wall~space R~i~'es are:not reamren.m ~';~: ~ '~'~'~ ...... ;*~'warenouses usea~':"~s" ........... ':~';~'~ ~'?Ior-,stora~e.om¥: ....... ~' ~'~ ....................... ~ ' 210-52. Dwelling unit Receptacle OUtlets. (b) Small Appliances. (1) or similar area of a dwelling unit, the two t Section 210-1 l(c)(1,) shall serve (e) Outdoor Outlet. Fora one-family dwelling and each unit of a two-family dwelling that is at grade level and mUlti.family units at made level and above, at least one receptacle outlet accessible a~ grade level and not more than 6¼ fL (1.98 m) above,grade shall be installed at the front and Cock of the dwelling. See Section 210-8(a)(3). Exception No. ~ : In addition to the required receptacles specified by Section 210-52, switched receptacles ~t~pp~ied ~Om a general ~r~ose br~nCh circuit a~ defined in SeOtion 21 O- 70(a)(1) Exception No. I shall be permitted. Except~on No. 2, T~e receptacle outlet for refrigeratton equtpment shall be supplied from an individual branch circuit rated l 5 amperes or greater. 210-63. Heatin~,Air~ondlttoning and Refrigeration Equipment Outlet; A 125-volt, single- phaSe; 15~ or 20-~rat~ receptacle OUtlet shall be installed at an accessible location for the servicing of heating, a!r-condit~omag, and:refrigerataon eqmpment ......... era'::[ ~az::. Tl~e receptacle'shall be located on the same lavel and within 25 feet (7.62 m) of the heating, air.-e~olldifiOning, alld refrigeration eqmpment. The receptacle outlet shall not be connected to the load side of the ~quipment disconnection means. (FPN) See Section 210-8 for ground-fault circuit-interrupter requirements. 3 ARTICLE 21S - FEEDERS Identification of Feeder Conductors. Feeder conductors in NEW BUILDINGS ~h~ll be identified bv color or ta~mn~ or by other effective methods at each o0int a connection is made if the neutral conductor is also present. (b) 120/240 volt. single ohase, three wire,system. Phase "A"r - Black Phase "B" - Red Neutral - White 208Y/120 volt. three ohase, four wire system. Phase "A". - Black Phase"B" - Red Phase "C" - Blue Neutral - White 480Y/277 volt. three,ohase, four wire system. Phase "A" - Brown Phase "B" - Purple Phase "C" - Yellow Neutral - Gray 240 delta/120 volt. three ohase, four wire system (open delta) Phase "A" - Black Phase "B" - Ora~,e (hi~her voltaae to around or hiah leg) Phase "C" - Red Neutral - White Note: A cabinet orenclosure shall be identified bv the words "OPEN DELTA" where internal Phase "B" and neutral conductors are connected. 4 215-12. Feeder Conductors. All feeder conductors to oanelboards shall be installed in an avoroved raceway. In addition all feeder conductors to panelboards with extra circuit spaces in one and two. family, d~elli~n~s ~hall ~include ~a'~oundedineutmD-covdnotorand nh~ll'~be/sizY~i:tlot 1 ess~,than the eauimnent ~oUnd'~ C0nductor ~sn~ci~fied; in~ section 250.1/2~: ARTICLE 230 - SERVICES all, raceway shall D. Service - Entrance Conductors 230-43. Wiring Methods for 600 Volts, Nominal or Less;~ Service-entraaCe~ conductors shall be instal!ed ~n accordance wtth the applicable requirements, ~ Code co~ng the type of wiring method used and shall be limited to the following mefia0ds: (1) Rigid metal conduit (2) Int~mtediate metal conduit (3) Electrical metallic robing (4) Wireways (5) Busways (6) Auxiliary gutters (7) Rigid nonmetallic conduit (8) Cablebus (9) Mineral-insulated, metal-~hesthed cable Cable tray systems shall be permitted to suppo~ cables for use as service-entrance conductors in accordance with Article 318. 5 F. Service Equipment - Disconnecting Means 230-70. General. (a) Location, The service disconnecting means shall be installed at a readily accessible location either outside ora building or structure, or inside nearest the point of entrance of the service conductors. If more than ei~_ht (8) feet, per set of service entrance conductors are located inside. of the buildin~ as.determined by Section 230-6, a discormec~ with overcurrent vrorection must b,. installed at the location the conchmtors enter the building. Service diScormecting means Shall not be installed in bathrooms, Article 250 - Grounding C. Grounding Electrode System and Grounding Electrode Conductor 250-62. Grounding Electrode Conductor MateriaL The groundingelectrode conductor shall be of copper. ,~a!:xnL-:um, cr :~r :la~ al:xr-L-:~m. The material selected shall be resistant to any corrosive condition existing at the installation, or shall be suitably protected against corrosion. The conductor shall be sohd or stranded, insulated, coveredi or bare. F. Equipment Grounding and Equipment Grounding Conductors 250-118. Types of Equipment Grounding Conductors. (4) Electrical metallic robing. When.usin~ electrical metallic tubin~ inan exterior location, for feeders or branch circuits, an insulated eauinment m'oundino- conductor nhall be installed to assure a continuous bond. CHAPTER 3 Wiring Methods and Materials Article 300 - Wiring Methods A. General Requirements 300-2. Limitations. lc) Permitted Wirin~ Methods. Only those wirin~ systems lift.J_ in Table 300-2 (c) are, oermittcd for use. cxcem as t~rovided bv Section 90-2 (c). TABLE 300-2 (c) PERMITTED WIRING SYSTEMS" ARTICLE 1 & :2 Family Multi-Family Commercial Dwellin~ Dwelling, Non-Dwelling 305 Temporary Wiring YES YES YES 318 Cable Tra~,s .... ' YE~ ~ YES ~ YES ' ,,, O~. "NO 320 Open Wiring on [mulators.- - ' . . :' ' ~ ~' NO, :: ' ' ~S ?321" ~ M~ger'S~dlS~r~&t~5~'" ~!:" ..... ~ ~ , ' '~ .... 7~ YES ~ ' ; ~ } ~'yl!iS , ,,YES 52~ ln~a~as s~rc.~bl~ ~y~,IGS tqO NO~ YES 326 M~ffm.¥ol~g* C~bl~ TycelW¢ NO ' NO YES 328 Flat tZbndi~ctor Cabbie ~f ~pe:FCI2 YES' t YES ' YES 330 ' ; :~i~l~lr~Ulated,-$,f~l~¢~ Cable Type MI .... S : ,~¢?~ :,, ' YES 33l : ...... '" ..... 333 'Atin'~at~l}~,~y~cke~ ,~ 3 "," ,' ' : YES ' , ~" ' 334 Me~i~ C~le~ MC '. . ~ -' 336 Ndnm~Sh~abl* T~s NM, NMC, ~ ~S ~S NO ~NO 338 S~E~:GaNi T~ SE ~d USE YES(2) NO NO 339 ~oana F~l~d B~.C~cmt Cable T~ ~ YES O) (3) 340 ~eg ~d ~bn~ol ~y C~ *T~ TC NO NO YES 342 Nonmmttic Extensiom YES NO NO 343 Nom~l~ Und~r~o~d Conduit M~ Co~om ~S ~S YES 345 [nt~iate M~ Go~dffit YES YES YES 3~ Rind Me~ ~ndm~ YES ~S YES 3~7 ~gid~n~l~ Conduit YES Y~ YES 348 El~c~:M~lic T~bing ~S . YES , YES 349 Flex~l* ~c Tub~g YES YES YES 350 FI~I~ M~ Go~l Y~ YES 351 ~i~ti}~} ~l~ib~ ~ Con.it m~ Liqui~t ~S~ YES Flexible No~tic Conduit ' ' 352 S~e M~ ~ ~d S~ No--lie YES YES ~S ~ays 353 M~fi&utl~ ~ly ~ ~S ~S 354 Und~o~ ~a~ ~S , YES YES 356 Cellular Metal Floor Raceways YES YES YES 358 Cellular Concrete Floor Raceways YES YES YES 362 Metal Wireways ~nd Nonmetallic Wireways YES YES YES 363 Flat Cab ¢ As~emb les Type FC' YES ' YES YES 364 Basways YES YES YES 365 Cablebus ' YES YES YES 37~- Auxiliary Gutters I YES YES YES ~ ~S~ee gpec{~-Ar~c !~ for ~e limita~oas (3) = USes over'50 ¥OI~S prohibited ( 1 ) ~ Shall riot,be embe~lded n concre~ YES ~- Permitted wiring system (2) = For branch circuit wiring only NO = Prohibited wiring system Article 310 - Conductors for General Wiring 310-2. Conductors. (b)Conductor Material Conductors in this article shall be aluminum, copper-clad aluminum, or copper unless otherwise specified, (lt Aluminum. and eoooer clad aluminum conductors smaller than No. 2 A.W.G. ~hall not be installed. (2/ Aluminum and coooer clad aluminum conductors shall not be used for eroundine or boodino Article 333 - Armored Cable: Type AC C. Construction Specifications 333-21. Grounding. Type AC cable shall include a separate cower m'oundin~ conductor and shall provide an adequate path for equipment grounding as required by Section 250-2(d). (al Tvoe AC cable with a full size mound conductor, sized by 250-122. and an outer metal armor or sheath that is identified as an acceotable wound return oath mav be used as omvided in Article 517-13. Tvoe AC cable shall be t~w,inated with listed connectors. Article 334 - Metal Clad Cable: Type MC A. General 3?. ~.. Uses Not Permitted. Type MC cable shall not be used where exposed to destructive corrosive conditions, such as direct burial in the earth, in concrete, or where exposed to cinder fills, strong chlorides, caustic alkalis, or vapors of chlorine or hydrochloric acids, unless the metallic sheath is suitable for the conditions or is protected by material suitable for the conditions. Tvoe MC cable shall not be embedded ir~ concrete. Article 336 - Nonmetallic Sheathed Cable: Types NM, NMC and NMS A. General _~ 336-4. UsesPermitted; Type NM, Type NMC, and Type NMS cables shall be,.p~.,itt~d~to'beus~d in the following: . Txroe~NM and NMC Cable sMll comrdv~with thi:s article and also with the appli~cabl~-prO~si6hS of other articles in ~S Code; ~at,tiCu}at'l~Artiel~:300 and 3004(d'}. ' ";'-~: "? - (FPN): See Section 310-10 for temperature limitation of conductors. Article 339 - Underground Feeder and Branch Circuit Cable: Type UF 339-3. Use. (b) Uses Not Permitted. Type UF cable shall notbe used in the following: (1) As service-entrance cables (2) In commercial garages (3) In theaters (4) In motion picture studios (5) In storage battery rooms (6) In hoistways (7) In any hazardous (classified) locations (8) Embedded in poured cement, concrete, or aggregate, except where embedded in plaster as nonhcating leads as provided in Article 424 (9) Where exposed todirect rays of the sun, unless identified as sunlight-resistant (10) Where subject to physical damage (1 I) In systems over 50 volts orohibited in other than one-and two-family dwellings Article 348 - Electrical Metallic Tubing A. General 348-4. Uses Permitted Co) Corrosion Protection. Ferrous or nonferrous electrical metalhc tubing, elbows, couplings, and In concrete above made ......................... , fittings shall be permitted to be installed' ;,, a; ............ a.~, .u .... ~ __ :_ FPN: See Section 300-6 for information on protection agsinst corrosion. FPN: $¢¢ Section 250-118(4~ for ~roundin~ reauiremen~s. 348-5. Uses Not Permitted. Electrical metallic tubing shall not be used (1) Wh?e. during installation or afterward, it will be subject to severe physical damage. (2) Where protected from corrosion solely by enamel. (3) In cinder concrete or cruder fill where subject to permanent moisture unless protected on all sides by a layer O~'noncinder concrete at leas~2 inches (50.8 mm) thick or unless the ~ubing is at least 18 inches (457 mm) under the fill: (4) In any hazardous (classified) location exc. ept a~ p~tted by Section 502-4, 503-3, and 504-20. (5) For the'~.~Upp6rt of fi:(tUres or Other equipmentiexcept conduit bodies no larger than the largest trade s~ze of the tubing, Where practicable, dissimilar metals in contact anywhere ia the system shall be avoided to eliminate the possibility of galvanic action. (73 In direct.contact with ea~. Exception? ,~tuminumfittings and enclosures shall be permitted to be used with steel electrical metallic tubing. Article 370-Outlet, Device, Pull and Junction~Boxes, Conduit Bodies and Fittings B. Installation 370-29. Conduit Bodies, Junction, Pull and Outlet Boxes to be Accessible. Conduit bodies, junction, pull and outlet boxes shall be so installed that the wiring contained in them can be rendered accessible without removing any part of the building or in underground circuits without excavating sidewalks, paving, earth, or other substance that is to be used to establish the finish grade. (a) Susnended Ceiling. Junction. null and outlet boxes ~hall be installed not more than four (4) feet above a susnended ceiling. Exception: .Listed boxes shall be permitted where covered by gravel, light aggregate, or noncohesive granulated soil if their location is effectively identified and accessible for excavation. Article 380- Switches A. Installation 380-8 Accessibility and Grouping (c) HVAC. Refrinerafion and Heat-inn Disconnect. A disconnecting, means ~hall be installed within (6~ feet from the service side of the HVAC. refri~,eration' and heatln~, eauinmem 10 Article 384 - Switchboards and Panelboards .... C. Panelboards 384-15. Numb6r 0fOvercurrent Devices on (Other than' those Pr°v~ded for in the mains) of a li installed in ~any one cabinet or cutout box, A llghtiag andapPliance branc~t-circuit panelboard shall be provided with ph: leal ~,e ~, to prevent the ins~i~tal?ition~o.~gre Oye~ent devices than that ~umber Fo~ thepurposes of this article, a devices; a 3-p~e circ~t breaker:shall be (b) Extra Raceway. An emnW.racewav t~atin~ in an accessible attic snace oran emnw raceway terminatin~ in an acce~sibl~ Vitae either un'~der tli~ifloot 0~ t0'the exterior 0fthe buildin~ above finish grade shall be insta[led. All emnt-/race,vans installed to the exterior of the buildin~ shall terminate.above finish ~rade. CHAPTER 7 Special Conditions Article 720 - Circuits and Equipment Operating at Less than 50 Volts 720-12. Wire Protection. Low voltmt¢ circuita ocnetratine masom-v walls and extendimt to eanivment aha]l be sleeved to nrotect from damaoe. Exceotion: Doorbell wire does not need to be sleeved; CHAPTER 8 Communications Systems Article 800 - Communicationa Circuits E. Communications W'lrea and Cables Within Buildings 800-53(~ Wet Locations. Cables ~hall be listed in accordance with 110.3Co'}. 11 XI. LEGAL A. 2 ORDZNANCE NO. 0 00- AN= ORDZNANCE OF THE cTrY COMHZSSZON OF THE CTi'Y OF BOYNTON BEACH~ FLORZDA, AMENDING CHAPTER NO. 16, ARTZCLE 11 CITY PARKS AND kMENDING SECTION 16-82, POLZCY BEACH FEES AND PROVZDI. NG FOR · CODIFZCATZON AND AN WHEREAS, the:City o/Seyntor~ Beach Operates and maintains .Oceanfront Park, which was recently selec~ecl by ~ EalmBeach Po~:asthe"Best Beach Overall" in Palm E~each County; and WHEREAS, fees have not been increased since 1990, although costs for maintenance have. increased steadily; and WHEREAS, the City Commission of the City of Boynton Beach, Rodda upon recommendation of staff, has determined that it is in [fie best intarests of the citizens and residents of the Otyto amend the Code b3 reflect increased annual permit fees; tlNOW, THE"FO., BE' 1'1' ORDAINED BY THE (:TRY COMNZSS]ON OF ITHE ~ OFBOYNTON BEACH, FI~OR3DA, THAT: · I =¢~ect[gJ]']= ~:: ':ectl°n 16'82 °f the c°d~;iof Ordinances °f the eib/ °f IBoynton Bea~l~I ~1od i ;h:~ 2men j: b~ ng thle vv~rds and figures in underlined type and by del~ the words and figures in struck-through type, as follows: ~.6-82. Rules, regulations-c~nb'Olling,,pafklng of vehicles at municipal beach property located wib~ln the Town of Ocean FUdge. P~ge l The city manager ~s hereby directed to implement subject procedures at the earliest poss ble date. (Said regulations are set. out below.) PO .LICY:NO, ~ PARING PEi?J~I~ basis (October 1 through each year to residents (see ge of ........... ~ ..... j issued at a charge of ton to residents ~. owning, leasing, t months rent the charge return an lost. thirty-day P~ge 2 Qual!,.fled ~nmsiden~: Qual fled nonresidents ma obtain which permIt panong on sr~';fM,~ ~, ........ -. Y beach decals the ~-- ,-- ,,o~=~ aha ames. The cos~ for such permit and da~es they are valid shall be E~-''"-A~" ...... ,. ~ ~ ............. ~ ...... Ct. Of t,h'~ ~';;" ,.. .... . "'-"-x ~'~,,,,,,,,..,CIC,,, ~rs. ~' sh~ll be si_-_ dol K -IT, m Ma I t ~ Each and every other provision of Chapter 16, Section 16-82 not shall remain in full force and effect as previously enacted. ~ All ordinances or parts of ordinances in conflict herewith be and the repealed. ~ Should any secUon or provision of this ordinance or portion hereof, paragraph, sentence or word be declared by a court of competent jurisdiction ~o be such decision shall not affect the remainder of this ordinance. Page 3 ~ Authodb/is hereby granted b3 codify said ordinance. ~ Th s ordinance, shall become effective immediately upon passage. I~I~T EEADZNG this day of ,2000. day of 2000. cTrY OFBOYNTON BEACH, FLORIDA Hayor V ce Mayor Mayor Pm 'rem Commissioner Clerk Commissioner Pag~ 4 Requested City Commisalon Meeting Dates [] Suly 18,2000 [] August 1, 2000 [] August 15. 2000 [] September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission ih to City Clerk's Off.me Meeting Dates July 6, 2000 (5:00 p.m3 [] September 19. 2000 Julyl9,2000 (5:00p.tm) [] October4,2000 August 2, 2000 (5:00 p.m.) [] October 17, 2000 August l6, 2000 IS:00p.m.) [] NovemberS, 2000 [] Adminis~ative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] XI-LEGAL ITEM B.1 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) Development Plans New Business Legal Unf'mished Business Presentation RECOMMENDATION: Please place this request on the September 6, 2000 City Commisstun agenda under Legal, Ordinance, First Reading. The Plmming and Development Board with a unanimous vote recommended approval subjec~ to minor changes that increase clarification regarding the serving hours for breakfast, existing cooking facilities and living unit terminology. EXPLANATION: PROJECT NAME: AGENT: OWNER; DESCRIPTION: BED AND BREAKFAST Peter H. Scttmidt. Esq. Barbara R. Bradshaw Request to amend to Chapter 2, Section 16.B.g. Bed and Breakfast to allow existing kitchenettes to remain in any residential unit within a bed and breakfast establishment upon their conversion to such establishment. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~elopment City Manager's Signature City Attorney / Finance / Human Resources Director of Planning~f6ad'Zoning ORDINANCE NO. O 00- AN ORDINANCE OF THE ClTY COMMISSION OF THE ClTY OF BOYNTON BEACH, FLOP, IDA, AMENDING CHAPTER 2 - ZON BOYNTON BEACH LAND BY FOLLOWS: PROVIDING AN, STANDARDS~ amended to , and THAT: :I'I'Y COMMISSION OF THE cI-rY OF Section'l. That Chapter 2, Section 16, Bed and Breakfast, Subsect on B. 1 ~,egul.a. ti0ns and Standards, is hereby amended by adding the words and figures n underlined type and .by deletng the words and ;figures in struck-through type, as Follows: 1. "Bed and breakfast establishment'~shall be defined as follows: A 3rivate owner occupied residence having, more. thari three and less than ten guest ;cdrccm units. The bed and breakfast establish~nen~iS subordinate and incidental :o the main residential use of the building. Section 2, That Chapter 2, Section 16, Bed and Breakfast, Subsection B. 2. ~,egulations and Standards is hereby amended by adding the words and figures in Jnderlined type and by deleting the words and figures in struck-through type, as "ollows: 2. . In addiUon to the requirements of the underlying zoning district, all )ther applicable general regulations, parking regulations, special conditions imposed through the conditional use process, and local, state and federal building codes, the followi9ng requirements shall apply to bed and breakfast establishments; Iccompanied by: Each application to the Department of Development shall be (1.) A detailed site plan ~'~"~ ~ ill'ustrating the location of all structures and improvements, the location of all structures and improvements, parking, buffering, landscaping the location of guest rooms/units and guest parking spaces and signs shall be suPmitted for conditional use approval by the City. (2.) Floor plans drawn to scale of ~^ ~'"~"' ..... ~ ............. ~ ..... showing each of the ~,.~ ~,~,~ .......... quest units to be designated and the access to, and egress from, each such unit. All walls separating bcd ;md b,"cal;f8st guest units in a structure shall be fireguarded to the two hour time limit. d. Parking: Required parking spaces shall be calculated on the basis of one space per each employee, manager or owner and one parking space for each guest room/unit. Newly created parking may be located only in the rear and side yard. g. Restrictions on use and employees: (1) Except as hereinatter provided, there shall be no cooking facilities or food storage in any guest unit. Brea [<f~st shall be the only meal provided overniqht sts ^~-' .... "'~ ~^-'~ -~'" ~ ...... ~ ~" ~ for paying que . r ............ ~ ........................... ~ .... ~- The brea~ast meal shall not be se~ed aAer 1Z:00 A.H. (2) The maximum stay for each individual who is using the facility shall be 14.consecutive days and not more than 14 days during any 45 90 day period. The owner and/or manager shall maintain a guest book, which accurately identifies all customers for each night's lodging. This register of guests shall be available to City ~nspectors during reasonable business hours. ~ ~ved. within one or more quest units of a Bed and Breakfast ire considered within the scope of this section and will not have to be Section 4. All other provismons of Chapter 2 - Zoning, Section 16. of the 3oynton Beach Land Development Regulations, not herein specifically amended shall remain in full force and effect, as prey ous y enacted, Section 5. All ordinances or .parts. of ordinances in conflict herewith be and the same are hereby repealed. Section 6. ~ Shoud any secton, or provison of this ordinance or portion hereof, any paragraph~ sentence or word be declared by a court of competent iurisdiction to be invalid, such decision shall not affect the remainder of this 3rdinance; Section 7. Authority is hereby granted to 'codify said ordinance. Section8. This ordinance shall become effectve immediately upon ~assage. FZRST READING this day of , 2000. SECOND~ FINAL READING AND PASSAGE this ,2000. day of C~-Y OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tern Commissioner City Clerk Commissioner TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-238 Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning and Zoning August 10, 2000 Code Review - CDRV 00-008 Bed and Breakfast Establishments (kitchenettes) NATURE OF REQUEST Peter H. Schmidt, Esq., representing Barbara R. Bradshaw, owner of Park Shores Manor, a property located at 658 Manor Ddve within the R-3. Residential Multi-Family Dwelling District, is requesting a code revision to Land Development Regulations Chapter2. Section 16. Bed and Breakfast. The ma n thrust ,of this request pertains to restrictions on use for bed and breakfast establishments that app y to cooking facilities and food storage. The city's Land Development Regulations Chapter 2. Section 16.B.(2).g(1) states that "there shall be no cooking facilities or food storage in any rental room/unit' in a bed and breakfast establishment. Currently~ex. empt are one-room cottages with existing kitchenettes: ~one-room cottages with existing kitchenettes would be considered within the scope of this section and will not be required to remove the kitchenettes" ~(Section 16. B,(2).g.(3)j). The proposed amendment would modify this provision by allowing kitchenettes to remain-that are in existence within the R-3 zoning distdct at the time of conversion to the bed and breakfast establishment, The applica~nt is also proposing extensive amendments to Section 16 of the code (see Exhibit "B"I Numerous changes are :~reposed to provide clarification; however, the proposed changes alter the initial intent of the ordinance: · Through the proposed changes, the applicant seeks explicit code recognition that both a single family home and a multi-family rental :proper~. are eligible [or conversion to a bed and breakfast establishment. Thus, under the definition of "Bed and Breakfast Establishment". and throughout Section 16, the text "single family residence or multi-family dwelling" (describing types of structures within a Bed and Breakfast Establishment) would replace terms such as ~residence", and "properS[y",, and would be added for clarification in other applicable sections of the text. For example, in section 16 B_(2).a(3), which stipulates that exterior changes to the Bed and Breakfast structure, if m~ade, shall maintain the architectural character of a single family structure, a similar requirement regarding extedor changes to a multi.family structure is proposed. Under the definition "Bed and Breakfast Establishment", the requirement that the property owner resides on the premises is amended; the proposed change would allow a manager to reside within the establishment instead (Section 16 B.(!) and 16.B.(2).g.(3)). The term "guest bedroom un t" wou d be rep aced by "resident a ,un t'. The proposed defin t on of "residential unit" describes it as "a defined area w th n a s ng e faro y res dence, or a mu t-faro [y dWe rog, that may Inc ude. but is not limited to, one (1) or more guest bedrooms, a bathroom, a living area, and, if permitted, a kitchenette". Page 2 Memorandum No. PZ 00-238 BACKGROUND On Decemger 1 1998, the City Commission passed Ordinance 098-42. which provided for the establishment of bed and breakfast establishmems, as cond tional, uses,, wi~thin residential zonng districts of the City of Boynton Beach. This ordinance was ,init ated ,by t~e appli~:ant; n particular; the language used in the sect on exempting one-room cottages fr~m lhe g~n'~ral! "Ac cooking facilities" pr,ov, isi.on, was, initial!y, sought to a,c,com.m0d.ate the characteristics of the applicant's properly The subject properly contains nine rental unim within [hree buildings, one of Which is a 'one-story studio cottage, and hearty all of the units have kitchenettes. The language [n Section 10 of Ordin conversion of th~ and one-ro~ol storage The 6urreqt ~g~?tations permit a bed and breakfast est,abfis~ment res d~fia ~ ~ s (an~ n res d~nfia d s~ ~s onl As n~e o~nt;al ~we~hqgs ~ ~ and~ brea~st~ esteb ishments .w II net i=nve re,he s~u~ storage fa~e~ ~[t~, gues~ be~moms, The ss~e ~wrl ar break~st;~Bashmeht involves bne 0r mom of the f0 oW ~situ~ti~n~ A. several small single family, homes on adjacent parco s heldm 'un'fi~'t~tle ocated Jn any ~¢ ~e B. ~o~ or mom duplexes on ~adjacent;parcels held: in unifi~ title loCated in R~2 or R-3 residSh~l districts; and C. any small m~lti-family rental prope~y oca[ed in the R-3 district. The requirement to remove the existing, kitchens~or anyother cooking- and food storage facilitie~ n any Of:the alCove-stated scenarios woul8 lack just fi(~ation ~r~d~Wou 8 be cost-oroh b tire kev fbr~ ~o an apptjcant to abandor~ the p(oject a together Mpr. eovert would contra~ ct current code provts ons which a; o,~ in~t ,][dua k b:hens;and mu t p e un ts [h the R-3 zo;n ~g d strict~, Page 3 Memorandum No. PZ 00-238 It should be noted that the probability of:any of the three cases actually occurring is Iow. To be viable. bed and breakfast establishments have to meet very particular requirements to appeal to toudsts who are in the market for this type of accommodation. Ms. Bradshaw's property, unique in its characten potentially meets these requirements (although the property is not a typical bed and breakfast). Within the city, few existing properties ,fitting the description of the- above-specified categories are likely to have. at the same time, a character that would lend itself to such a conversion of use. However, regulations should provide reasonable support for conversions of properties which have the potential to become marketable bed and, breakfast establishments. There is a need for extending and diversifying the supply of tourist accommodations in the city. With regard to the remaining amendmer~ts proposed by the applicant, staff concludes that: It is the intent of the regulations of the City of Boynton Beach to endorse a traditional bed and breakfast establishment..which is, typically, a converted single family home. The proposed .amendments give uncalled-for equal emphasis to conversions of single family homes and multi- family properties. As noted above, Ms_ Bradshaw's properb/ is unique in its character. Conversions to bcd and breakfast establishmenf~ of other multi-family rental properties in the future, if any, will be marginal. The key par[ of the unique character of a bed and breakfast-type tourist accommodation is that the owner, not a person hired to manage the operation, lives on the premises, and that the bed and breakfast e~tablishment is subordinate and incidental to the main residential use of the building. It is staff's opinion that allowing the owner to be replaced by a manager would change the character of the establishment, and that the traditional character of a bed and breakfast should be maintained. CONCLUSIONS/RECOMMENDATION In contrast to the subject application, staff recommends that the city's code be amended to include the following changes to Chapter 2, Section 16, and Bed and Breakfast. 1. Section 16 B.(2).g.(3)j should read: 'Existing kitchenettes within one or more guest units of a Bed and Breakfast Establishment are considered within the scope of this section and will not have to be removed.' The amendment will reinstate the initial intent of the Ordinance 098-42 with respect to the conversion of Ms. Bradsaw's property to a bed and breakfast establishment and ensure a consistent treatment by the code of any sucl~ future conversion of eligible properties. Given that bed and breakfast establishments are allowed in all residential districts, there is no justification to limiting the "grandfather clause" regarding cooking facilities to any particular type of structure or zoning district within the current limits of the code. Moreover, the amendment will eliminate the usage of a term which is ambiguous and undefined by the code ("one-room cottage"). Staff also recommends that: 2. Section 16.B.(2).g.(1) should be revised to eliminate redundancy and to allow for the hidng of employees to assist with the operation. Therefore, Section B.g.(1), should read: Page 4 Memorandum No. PZ 00-238 "There shall be no cooking facilities or food storage/n any guest room/unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast shall not be served after 11:00". Refer~ences to other: mea s and references as to who shou d be sen/ng meals are superfluous u e eSSa /, me refer,enc? to guests of tl~e p~a~irig'guests ~heuld also be' ellmin~tedl .~0n~isterJt, Wi~ the-langUage of ordmanc~ 098-42. ' 3. Sect[o.~. ;l~6. B..(~).g.(2).should,be revised in the followir~g,manner: · It currentiy lira ts t~e stay to 14 days during any day p~rlod ,to allow f~ the.returning 'of satJsf~ed guests ° Bestr~.cfi¢~&¢~'~:the~,che~cl~Jn .aad ~he~k~¢ut p~¢ b~,~.:~, not necessa~. The check-out hours are ~[y-'~ d;l~;a,m-' and 2~p:m. m ~[ ~e'u~l.~ ?accomm0dat OhS 'A owances have to be ~ade;f0E.,ur!PF~a~le s!~atl~ns t~hat;: me~lmpa~arc~al time of guests cheek4d time should r~C(b b~.~!ird[~d Lb~rcode~OUe; ~o t~ ~l!;~ei b~ {~h;projects; and 10w freq~eficy of extreme ~ec~Lin times: ne~five impa~s WOuld be imme~u~able. MR AEachments EXHIBIT A EXHIBIT "A" ORDINANCE NO. O98-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 - ZONING, OF THE BOYNTON BEACH LAND DEVELOPMENT REGULATIONS, PROVIDING FOR THE ESTABLISHMENT OF BED AND BREAKFAST ESTABLISHMENT AS A CONDI"iqONAL ~USE; CREA'F[NG A NEW SECT[ON ENTTI'LED "BED AND BREAKFAST", PROVIDING A DEF-UNITION FOR "BED AND BREAKFAST ESTABLISHMENT'; PROVIDING 'FOR APPLICATION REQUIREMENTS AND FOR STANDARDS : PROV~D~uNG FOR CONFLICTS, , CODIFICATION AND AN EFFECTIVE DATE. , of Boynton Beach, Florida, has determined that Bed and Breakfas~ Establis be permitted;as a conditional 'use in residential zoning districts and the zoning code should be amended to provide for such use and establish standards n granting the use. NOW, THEREFORE, BE ~ ORDAINED BY THE CITY COMMLSSION OF THE ~ OF BOYNTON BEACH, FLORIDA. THAT: -minimum set of certain from It ~S ~the purpose of this section to provide a nd 13reakfast establishments within while setting forth ~teria to differenMate them Bed and breakfast establishments shall be approved Commission by speciat land use!~ procedures. and Qty ~ Regulations and Standards: A.' Bed and Breakfast Establishment shall be defined as follows: A private owner occupied residence,having more than three .and !ess..tha. n ten guest bedrooms ~,~' The: ~ and breakfast establ~hment ~s suooroma~e and incidental to the main residential use of the bui ding, B, In addition to the requirements of the underlying zoning district, all o~er applicable genii reg~laM°ns, parking regulatioris, spedal conditions imposed through the' cOnditiOnal Use process, and local, state and federal EXHIBIT A EXHIBIT "A" building codes,, the following requirements shall apply to Bed and Breakfast Establishments: t. Each application to the Department of Development shall be accompanied by: a. A detailed site plan illustrating the location of all structures and improvements~ Parking, buffe~ing, landscaping the ocat on of guest for C4 the nei 2. Zoning 3. Ucenses and business licenses; sign, sanitary, i bhe property tO ing unit showing each access ta, and egress units in a structure an elevation, or other 3 show the ' structure. , of be a owed on y upon land obtain all required , with all building, license, which an inspection of of the Ob/'s ' of one each guest room/unit and side yard. common area must: 6. Number provided rOOm. spaces shall be calculated on the basis space for in the rear establishment, a and for at least one number of bedrooms and bathrooms ~as originally constructed, EXHIBIT A EXHIBIT "A" E×HTBTT A including additions, unless modifications are necessary to comply with Building, Fire and/or Health codes. 7. Restrictions or Use and Employees: a. There shall be no cooking facilities or food storage in any rental room/unit Meals shall be served by the Manaqer and/or owner only to me Manager and/or owner, and nonpaying bonafide guests of the manager and/or owner. Breakfast shall be served by the Manager and/or owner and shall be the only meal provided for paying guests who are using the facility overnight ~,~N~,-~,~. The breakfast meal shall not be sewed after 11:00 A.M. b. The maximum stay for each individual who is using the fadlit~ shall be fou,teer, (14) consecu~ve days and not more than fourteen (14) days during any ninety (90) day period. 'i'ne owner and/or manager shall maintain a guest book, which acc. urateiy identifies all customers for each night's lodging. This register of guests shall be available to City Inspectors during reasonable business hours. Check-in and check-out shall .take place between 8:00 A.M. and 8:00 I~.M. Only. c. The owner of the bed and breakfast establishment must reside in the inn or elsewhere on the premises. 8. Signage: All signs shall conform to the regulations of the underlying zoning disbict. 9. Items for Sale: Commercial social events and sale and/or display of merchandise is prohibited in the bed and breakfast establishment. cc .......... .~ ..... -. ............................... One room cottacles with existinq kitchene~ would be considered within the scooe of this Ordinance and will not be reGuired:t0 remove the kitchenettes. ~ All other provisions of Chapter 2 - Zoning, of the Boynton Beach Land Development Regulations, not herein specifically amended shall remain in full force and effect, as previously enacted. ~ All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ~ Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent EXHIBIT A EXHIBIT "A" EXHIBIT A jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. passage. Authority is hereby granted to codify said ordinance. This ordinance shall .become effective immediately upon 1~998~ 'FINAL READING AND'PASSAGE ~his :/~ day of ~PJDA Mayor C'~ Clerk ~lz EXHIBIT A PROPOSED AMENDMENTS EXHIBIT "B" ORDINANCE NO. AN ORDINANCE OF THE CITY COM~4ISSION OF THE CLTY OF BOYNTON BEACH, FLORIDA, AMENDING AbHD ~ESTATI_NG CHAPTER 2 ZONING, OF THE BOYNTON BEACH LAND DEVELOPMENT REGULATIONS, WHICH PROVIDES FOR THE ESTABLISHMENT OF BED AND BREAKFAST ESTABLISHMENTS AS A CONDITIONAL USE; W~EREAS, on December !, 1998 the City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, adopted Ordinance No. 098=42 providing for the establishment of Bed and Breakfast Establishments as a Conditional Use in residential zonlng districts; and WHEREAS, Section 16, of Chapter 2 of the Zoning Code was amended to provide for such use and uo establish standards in granulng such use; and WHEREAS, due co (a) certain ambiguities sec forth in Ordinance No. 098-42, -and as hereccfore codified in the Zoning Code; and (b) the recommendation cf staff, it is in the interest of the City of Boyncon Beach, Florida, co amend and rescace Section 16, Chapter 2 of the Zoning Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT SECTION 16, CbiAPTER 2 OF THE ZONING CODE IS AMENDED ~ RESTATED, AS FOLLOWS: Section 1. Purpose: It is the purpose of chis section to provide a minimum set of standards co allow Bed and Breakfast Establishments within certain residential zoning districts of the City, while setting forth criteria to differentiate them from boarding or rooming houses. Bed and Breakfast Establishments shall be approved through the Department of Development and the City Commission by special land use, and, as and if applicable, building permit procedures. Section 2. Regulations and Standards: A. Bed and Breakfast Establishmen~ shall be defined as follows: A manager, and/or owner, occup!ed single family residence, or multi-family dwelling in an R-3 zoning district, having more than THREE (3), and less than TEN (!0). Residential Units with ONE (1) or more guest bedrooms within a Residential Unit. For purposes -1- DRAFT PROPOSED AMENDMENTS EXHIBIT "B" of this Ordinance, a Residential Unit may be a defined area within a single family residence, or a multi-family dwelling, that may include, but is to,,ONE (1) or more guest bedrooms, a bathroom, perraittedra-~e~-tte. The Bed and is, and. shaft be; subordinaue and incidental to the main .~esidential use of the singte family residence ,i or the mutt~-fkmity~dweiiing~ B. In addition to the requirements of the underlying zoning dist=ict, Iq~s~: parking b~ildi.ng~-codes, the ~o~each Be~ and, B=eakf. a-s= Establishment: 1~ Bach application co the Deparument of D~velopmenu shall be accompanied by: a. A detailed site plan illusurauing the location of all structures and ~mprovemen~s, parking, buffering, landscaping,, the locatlon of the Residential Units with the guest bedrooms located therein, guest parking spaces, and signs, which shall be submitted to, and for conditional use approval by~ the City. b. Floor plans drawn uo the scale of the single family residence, or the multi-family dwelling, designating each of the Residential Units with guesu bedrooms located therein, and the access to, and the egress from, each such s~ngle family residence, or multi-family dwelling. All walls separating the various Residenzia! Units with guest bedrooms locaued therein, within each Bed and Breakfast Establishment, shall be fireguarded to the TWO (2) hour time limit. c. Where exterior changes are proposed co ~he Bed and Breakfast Establishment, an elevation, or other =isual representation, of the facade of the single family residence, or the multi-family dwelling, uo be changed, sufficient uo show that the architectural characuer of the single family residence, or the multi-family dwelling, is m~%intained as a single family residence, or as a multi-family dwelling. Efforts should be made to ensure that the Bed and Breakfast. Establishmenu is consisuenc with the integrity of the neigb_borhood in which it is located. -2- DRAFT PROPOSED AMENDMENTS EXHIBIT "B" 2. Zoning restrictions: Each Bed and Breakfas~ Establishment shall be allowed only upon land that is zoned for residential dwellings, either smngle family, or multi-family. 3. Licenses and permins: Each Bed and Breakfast Establishment shall obnain all required business and occupational licenses and health permits, ar~ otherwise shall comply with all building, sign, sanitation, utility, police, and fire codes of the City. Prior to obtaining an occupational, or other license, which shall be renewed annually, a City Building Official shall conduct an inspecmion of the single family residence, or the multi-family dwelling, to determine compliance with the current requirements of the City's Land Development Regulations and Building Codes. 4. Parking: Required parking spaces shall be calculated on the basis of ONE (1) space per each employee, manager, or owner, of the Bed and Breakfast Establishment, and ONqE (1) parking space for each Residential Unit within the Bed and Breakfast Establishment. Newly created parking may be located only in the rear and side yard of the Bed and Breakfast Establishmenm. 5. Common Area: Within each Bed and Breakfast Establishment, a common area must be provided for a central dinzng (i.e. breakfast - only) area and for ac least ONE (1) sitting/reading/discussion room. 6. Number of Residential Units: The number of guest bedrooms and bathrooms provided mn a Residential Unit within each Bed and Breakfast Establishment should be as exisced when the single family residence, or the multi-family dwelling, orzginally was constructed, including additions, unless modifications are necessary co comply with all building, szgn, sanitation, utility, police, and fire codes of the City. 7. Restrictzons on Use and Employees: a. Except as hereinafter otherwise provided, there shall be no cooking facilities, or food smorage, in any Residential Unit within a Bed ar~ Breakfast Establishment. Lunch and diru%er may be sez-ved by the manager, and/or owner, only to the manager, and/or o~rner, and nonpaying bonafide guesms of the manager, and/or o~rner. Breakfast shall be served by the manager, and/or owner, and shall be the only meal sel-ved co paying overnight guesus of uhe Bed and Breakfast Establishment. The breakfast meal shall noc be se~-ved after 11:00 A.M. -3- DRAFT PROPOSED AMENDMENTS EXHIBIT "B" b. The maximum stay for each paying overnight guest at the Bed and Breakfast Establishment shall be FOURTEEN (14) consecutive days, and hOC more than FOURTEEN~ (!4) days during any NINETY (90) day period. The manager, and/or owner, of the Bed and Breakfast Establishment shall maintain a gues~ registration book, whichaccurately shall identify al~l paying overnight guests for each ~igh~fs .lodging. The- regist~ overnight guests hours. Check-in and CheckJout shall tak~ A.M. and 8:~00 P~.M.~ ~ only between 8:00 c~ The manager, and/oi~~ owner, of the Bed and Breakfast~ Establishment must reside ?wi~hfn -ONE~ (1) of the Residential Units,-or otherwise within the single family residence, or the multi-family dwelling. 8. Signage: Ail signs shall conform co the regulations of the underlying zoning district. 9. I.tems for Sale: the sale of, and/or the display of, merchandise; and the conducting of commercial social events is prohibited in the Bed ~nd Breakfast Establishment. 10. Kitchenettes: Existing kitchenettes within ONE (1) or more Residential Units within a Bed and Breakfast Establishment, which is located within an R-3 zoning district, are considered co be within the scope of this Ordinance, and will not be required to remove the kitchenettes prior uo obtaining an occupational, or other license, from the City. Section 3~ Ail other provisions of Chapter 2 - Zoning, of the Boynton Beach Land Development Regulations, notherein specifically amended shall remain if full force and effect, as previously enacted. Section 4. Ail ordinances, or parus of ordinances, in conflict herewith be, and the same hereby are, repealed. Section 5. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a couru of competent jurisdiction ~o be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Ordinance. Authority is hereby granted co codify this -4- DRAFT Section 7. upon passage. PROPOSED AMENDMENTS EXHIBIT "B" This Ordinance shall become effective immediately FIRST READING this day of 2000. SECOND, FINAL READING AND PASSAGE this day of 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Term Commissioner Commissioner DRAFT -5- Requested City Commission Meeting Dates [] July 18, 2000 [] August l, 2000 [] August 15. 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00p.m.) July 19, 2000 (5:00 p.ro.) August 2. 2000 f5:00 p.n~) August 16, 2000 (5:00 p.m3 Requested Cit~ Commission Meeting Dates [] September 19, 2000 [] October 4, 2000 [] October I7. 2000 [] November 8. 2000 XI-LEGAL ITEM C. 1 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5. 2000(5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [-- Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Urffinished Business [] Announcement '--] Presentation RECOMMENDATION: Adopt Resolution authorizing the issuance of a Note of the City in the principal amount of not exceeding $5,200,000 to refinance the city's General Obligation Refunding Bonds, Series 1992. EXPLANATION: Bank of America. N.A. has submitted a proposal to the City to refinance the 1.,992 General Obligation Bonds maturing on and after November 1, 2001 at a savings of approximately $160,000. in future interest payments. PROGRAM IMPACT: N/A FISCAL II~PACT: During fiscal year 2000/2001 the City will realize a savings of approximately $160,000. Interest rates on outstanding bonds range from 5.55% to 6.25%. The actual interest rate on the Note wili not be determined until September 6a however the interest rate presently is 5.1% ALTERNATIVES:c~D~P~art~en t ~e ~ ~'~s SignatureN°t rifinanee and continue making scheduled bond pa~]nents.q~~s Signature Finance Department Name City Attorney / Finance / l-Ittman Resources S:kB ULLETIN~ORMS~AGENDP. ITEM REQUEST FORM.DOC MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagter Drive - 9TM Floor West Palm Beach. Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (5611 659-1789 MARK E. RAYMOND Direct Line: (56).) 822-0380 E-mail: mraymond~moyl¢law .corn Tallahassee Office (850) 681-3828 August 16, 2000 To Parties on the Distribution List Re: Bank of America, N.A. Loan to City of Boynton Beach, Florida Ladies and Gentlemen: As most, perhaps all, of you know, it has been determined that the City's 1992 General Obligation Bonds can be refinanced at a significant savings to the City. Because the 1992 bonds are payable from ad valorem taxes, and because the millage rote for FY 2000-01 will be established by the City ,on September 19, 2000, the refinancing needs to be completed before September 19, 2000 so that Diane can reduce the debt service millage for the coming fiscal year. Accordingly, based upon discussions I have had with Diane, the current plan calls for the City Commassion to consider adopting a resolution authoring the transaction at its meeting on September 5, 2000. Assuming that the resolution is adopted, closing will occur on September 15, 2000. Under this scenario a promissory note will be issued by the City to Bank of America, N.A. Proceeds f~om the sale of the Note, together with other funds of the City (discussed below) will be placed in an account with an escrow agent, First Union National Bank, and use to pay the principal, premium and interest on the 1992 bonds on November 1, 2000, on which date the 1992 bonds will be discharged. The City ha~q ah'eady collected ad valorem taxes to be used to pay the regularly scheduled payment of pnneipal and interest due on the 1992 bonds on November t, 2000 and that money, along with the proceeds of the Note, will be used to pay the regularly scheduled 1992 Bond payment due on November 1, 2~000 plus the redemption price of all of the Bonds maturing after 2000 which will be called on November 1, 2000 as a result of this transaction. As with the 1992 Bonds the promissory note will be a general obligation of the City payable from ad valorem taxes. In Order to provide the City with the highest possible reduction in millage for the coming fiscal year, the new note will be structured so that the payments in years 2002 through 2009 (the final maturity date of the Note). will be exactly the same as the payments that would have been on the 1992 bonds in those years. However, the payments due on the Note in 2001 will be substantially less than the payments that would have been made on the 1992 bonds in 2001. G:\02345 30\8-16-00 dLqt let.wpd August 16, 2000 Page 2 Prelim/nary indications are that debtserVice during 2001 will be approximately $160,000 less than what it would have been. However, we will not be able to "lock in" an interest rote until September 5, 2000. On september 5, the Bank wiR loek-in.an interest rate so that at the City Commission meeting the CommisSion can be provided with definite savings figures. Would everyone please look, over,the attached materials andprovide me with any questions or comments .at yom:earliest cfnv~ence. I wil~ be preparing miscellaneous Closing documents in the near future. Very truly yours, Mark E. Raymond RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTONBEACI-L FLORIDA, AUTHORIZING ~ ISSUANCE OF A-NOTE OF TIlE CIT~ IN THE, FRINCIP,AJ~TM AM.OIJNT OF NOT EXCEEDING $5~200,00&,00 TO REFINANCE THE CITY'S GENER-&L OBLIGATioN REEUNDING'BONDS, SERIES' i992; PROVIDING. THAT sUCI{ NOTE :.SHALL BE'A GE.NE. RAL~' OBLIGATION OF T~ CITY PAYABLE FROM AD ~rALOREM Whereas, pursuant to the authority of Resolution No. R91-205 adopted by the City Commission (the "Gity Commission") of the City of Boynton Beach, Florida (the "City") on December 3, 1991;the City issued its General Obligation Refunding Bonds, Series 1992 (the "1992 Bonds"); and WHEREAS, as of this date $5,695,000 in aggregate principal mount of the 1992 Bonds remain outstanding; and WHEREAS, the City has received a proposal from Bank of America, N.A. to refinance the 1992 Bonds maturing on and after November 1, 2001 at a lower interest rote resulting-in substantial interest savings to the City, currently estimated at approximately $162,000; and WHEREAS, the City has determined to proceed with the issuance of a promissory note m the principal mount of not exceeding $5,200,000 to provide funds, together with other funds available for such purpose, to refinance the 1992 Bonds. NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. AuthoriW for this Resolution. This Resolution is adopted pursuant to the provisions of the Charter of the City, the Constitution of the State of Florida, including, but not limited to, Article vm, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47. Florida Statutes and other applicable provismns of law. Section 2. Definitions. The following words and phrases shall have the following meanings when used herein: "Act" means the Charter of the City; the Constitution of the State of Florida, including, but not limited to, Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions o f law. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Original Purchaser is closed. "CleriC" means the Clerk of the City or any duly authorized deputy thereof. "Code" means the Internal Revenue Code of 1986, as mended, and any Treasury Regulations, whether, temporary, prOposed or final, promulgated thereunder or appiicable thereto Mayor means the Mayor or Vine-Mayor of the City. "Note" means.the Note of the City authorized by Section 4 hereof "Original Purchaser" means Bank of America, N.A. "Owner" means the Person or Persons in whose name or names the Note shall be registered on the books of the City kept for that purpose in accordance with provisions of this Resolution. Person means natural persons, firms, trusts, estates, assoc~attons, corporanons, partnerships and pubhc bodies. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such ot~er office as the Original Purchaser may designate to the City in writing. "Resolution" means this Resolution, pursuant to which the Note is authorized to be issued. "State" means the State of Florida. Section 3. Resolution to COnstitute a Contract. In consideration of the purchase and acceptance of theNote authorized to be issued heretmder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the City and the Owners. Section 4, Authorization of Note. Subject and pursuant to the provisions of this Resolution, an obligation of the City is hereby authorized to be issued under and secured by this Resolution, in the principal amount of not exceeding $5,200,000, for the purpose of providing ftm~, together with other funds of the City available for such purpose, to refund the 1992 Bonds and to pay costs of issu .a~.ce of the Note. The principal amount of the Note shall not exceed the amount necessary to pmmde funds, together with other funds available for such purpose, to provide for the payment of the principal of, premium, and interest on the 1992 Bonds becoming due on November 1, 2000 either as a regularly scheduled payment of principal and interest or pursuant to the redemption hereinafter described. Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized from an expeditions sale of the Note, it is in the best interest of the City to negotiate with the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the City shall receive from the Original Purchaser a disclosure statement containing the in;formation, required by S~ct~on. 218;385, Florida.:Statutes. Section 5. Description of Note. The Note shall be dated the date of its execution and dehvery, which shal~be September 15, 2000, or s~uch other date asmay be_agreed-upon bythe Mayor and Original Purchaser, shall bear interest at the rate of % p on the basis of a 360-day 2009. commencing Ma~ amortization of the Note shall, be calendar year after 2001 shall1 made 2001 principal fthe of Cierk are Section 6., Registration,and:Exchange ofiNote: Persons Treater} as Owraers. The Note shall be in/fially registered to the Originai put,haS-er. In the event 0f a transfer of the Note,.then thereafter so long as the Note shall femain unpaid, the Citywill keep books for the registration and transfer of the N~te. The Note sh~ thea be transferah!~o~y upon such registratio~ b0oks,~ The City will transfer the registraffon or,the. NOte uPOn wdttenrequest of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note sM be registered shall .be deemed and regarded as the absolute owner thereof for all purposes, and Payment ofpfin, c!pal and ~t~erest on thy Note shall be made only to or UpOn the written order of the Owner. All such payments :shall.be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid. Section 7. it will promptlypay the principal of and manner provided therein ~according to~ credit of and interest o~ collected an exemptions as required I: on the Note ,as the the time payment or, the s and in the hereo£and thereof. The full faith, ~rincipai levied and 2ity (excluding t interest :dlected for at the same ' to the city win and collect such taxes take any 3 action that will impair or adversel affect its rimhts to lew Y ,~ ..,, collect and receive said taxes, or impair or adversely affect in any manner the pledge made herein orthe rights of the Owners of the Note. Section 8. 'Compliance with Tax Requirements. The City hereby covenants and agrees, for ~benefit.bf ~.e ~e. ks fr.o_m_ time to;time of the Note, to comply with tlie requirements applicable [o ~t contmnect an ~Sect~on 103 and part IV of Subchapter B of Chapter 1 of the Code to the extent necessary to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Specifically, without intending to limit in any way the generality of the foregoing, the City covenants and agrees: (1) to refrain fi:mn using proceeds of the Note in a mauner'fl~at would causethe Note to be classified as a private acfivky bond under Section t4t(a) of the Code; and (2) to refrain ftom taking any action or omitting to take any action if such action or omission would cause the Note to become an arbitrage bond under Section 103(b) and'Section I48 of the Code. ' The City understands that the foregoing covenants impose continuing obliSations on the City to comply with tile reqmrements of Section 103 and Part iV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Section 9. Application of Note Proceeds Proceeds of the Note shall be' applied to the refunding of the 1992 Bonds and to the payment of costs of issuance of the No~e pursuant to the whtten direction of the Finance Director. Section 10. City te provide for the refunding of the 1992 Bonds. The City hereby irrevocabl, upon and only upon the issuance of the Note, that the 1992 Bonds maturing on ani 1, 2001, shall be called for redemption on November 1, 2000. Refunded Bonds. The City h ..... as determined that ~t ~s m the best interests of the elects, effective after November Section 11. Escrow Deposit A_m'eement. The City hereby appoints Firs Bank (the "Escrow Agent") as the Escrow Agent with respect to the 1992 Bon, Escrow Deposit Agreement (the "Escrow Agreement") attached hereto as E~ approved and the Mayor is hereby authorized and directed for and in the name of th~ and the City Clerk is hereby authorized and directed to attest to and apply the seal, Escrow Agreement, with such changes, alterations or corrections thereto as shallbe officials executing the same, such execution to constitute conclusive evidence of Section 12. Amendment This Resolution shall not be modified or amendi subsequent to the issuance of the Note witho).tt the written consent of the Owner. Union National s. The form of bit B is hereby ~ City to execute, ,fthe City to the approved by the mch approval. d in any respect Section 13. Limitation of Ri _hts. With the exception of any rights terein ex, resslv conferred, nothing expreased or mentioned in or to be implied from this Res~lufi~ ,n'or the ~ote i~ intended or Shall be construed to give to any Person other than the City and the Owne~ any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions 4 and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and: the Owner. Section 14, ~. Ifao, y provisi0n, of.~his Resolution shall be held or deemed to be or shall in:~aCt be iil~aaL ~nb0~rafive or unenf6rceab~ in.any c0ntex{~'~the~; shall not affect' any o~her p~visi0n~herein~or°-~ena~..anY pther P~c~vis~n:(°r~ sucli ~r°visi°n in any other c°ntex~) invalid, inoperative or mlenforceable to any ~X't, ent whatever. Section 15. ~. In any case where the due date of interest on orpfinc~palofthe Note is not ~ Business~ay; then pays,, ent of principal or interes~t.need'n°t be made on'suCh date but ~ ~ ~ ' "usine ~)k' · vide ': ~ci dit~Jor a, - · made shall not be given unti!;the:p~ent~s,a~:rece~v.ed bY the, o~er_, :.. ~ Section I6. Avvlicable Provisions of,Law. This Resolution shall be .governed by and construed in,accordanc;'-With the laws or.the si~aie. Section 1J. Rules oflnteroretation. Unless expressly indicated otherwise, references to sections or articles are to be'. c0nst}-ued as references to s~ctions or articles qf this instrument as ,~,1,~11,, ~,-,,t~t~ tT~a r~$' the words "here~m' 2 hereby ":'.'hereunder," "hereof," "hereinbefore," "hereinafter' and other:~o,~m:ya!ent~ words ~efer}to this Resolution and not solely to the pamcular portion in w~ch any such Word is used. Section 18. ~. The cap~0ns and he~adings in this Resol ,u~i'0n are for convenience only and in no way define, timii or describe the ac6pe or intent of any provisions or sections of this Resolution. Section 19. Officers and Employees of the City Exempt from Personal Liability_. No recourse under or upon any obligation; covenant or agreement of this Resolution or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the City Commission of the City, or any officer, agent or employee, as such, of the City past, present or future, it being expressly understood (a) that the obligation of the City under this Resolution is solely a corporate one, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members ortho City Commission of the City, or the officers, agents, or employees, as such~ of the City, orany of them, under or. by reason of the obligations, covenants or agreements contained in this Resolmtion or, implied therefrom, and(c)that any and ~ such personal liability of every such member of the City Commission of the C~ty, and every officer,:agent~.or employee, as such, of the City under or by reason of the obligations, covenants or agreements contained in this Resolution, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Resolution and the issuance of the Note on the part of the City. Section 20. Authorizations.. The Mayor, the Clerk, and any other member of the City Commission of the city, and ~uch'other ;ffi6i~ls and employees of ~e City as may be designated by the Mayor are eackdesigna~ed as agents of;~ City in ~°nnecfiOn ~with the issuance and delivery of the Noie and are antho~zed~and empoveered, c011ectively o~ indi~vidua/ly, to take all action and steps and to,execute all instruments, documentS, certificates and contracts on behalf of the City that 5 are necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 21. Note Mutilated. Destroyed. Stolen or Lost. In case the Note shall become mutilated, orbe destroyed,, stolen or lost, .the City shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Ovmer furnishing the City proof of ownership thereof and indemnity reasonably satisfactory to the City and complying with such other reasonable regulations and conditions as the City may prescribe and paymg such expenses as the City may incur. The Note so surrendered shall be cancelled. Section 22. !mpairmem of Contract. The City covenants with the Owner of the Note that it will not, without the written consent of the Owner of the Note, adopt or enact any resolution or ordinance which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Note hereunder. Section 23. Budget andFinancial Information. The City shall provide the ~)~ffner of the Note with (a) a copy of its ar~ual operating budget for each fiscal year ending after September 30, 2000 prompdy after the same is adopted and (b) its audited financial statements for each fiscal year ending after September 30, 1999 within 270 days after the end thereof until the Note is s~ttisfied. The City hereby c0veg~a, nts that it shal! promptly give written notice to the :Owner o~the Note of the commencement of any litigation: or proceeding which if determined adversely ~to the City could adversely affect the security for the payment of the Note. Section 24. Remedies of Noteholder. Should the City default in any obligation created by this Resolution or the Note, the Owner of the Note may, in addition to any other [emedies set forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted or contained in this Resolution, and may erlfome and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the City or by any officer thereof. Section 25. OualilSed Tax-Exempt Obligation. The reasonably anticipated mount of tax- exempt obligations which will be issued by the City during 2000 does not exceed $10,000,000. There are no entities that are subordinate to the City or that issue obligations on l~ehalfofthe City. The City hereby designates the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. Section 26. Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. 6 Section 27. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED THIS 6TH DAY OF SEPTEMBER, 2000. CITY :OF: BOYNTON BEACH, FLORIDA (SEAL) Attest: Suzarme M. Kruse, City Clerk By: Its Mayor Its Vice-Mayor Commissioner commassioner Commissioner XI-LEGAL ITEM C.1 %N 2 CITY OF BOYNTON BEACH 1 _ __ o ���``- `- ` AGENDA ITEM REQUEST FORM ID cl so(' ,r.e,. .:r,,,Is �r Q e..) .--:-. to . /,,e9l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ July 18,2000 July 6,2000 (5:00 p.m.) ❑ September 19,2000 September 7,2000(5:00 p.m.) ❑ August 1,2000 July 19,2000 (5:00 p.m.) ❑ October 4,2000 September 20,2000(5:00 p.m.) ❑ August 15,2000 August 2,2000 (5:00 p.m.) ❑ October 17,2000 October 5,2000(5:00 p.m.) ® September 6,2000 August 16,2000 (5:00 p.m.) ❑ November 8,2000 October 18,2000(5:00 p.m.) • ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM ❑ Public-Hearing ® Legal ❑ Bids ❑ Unfinished Business ❑ Announcement ❑ Presentation RECOMMENDATION: Adopt Resolution authorizing the issuance of a Note of the City in the principal amount of not exceeding$5,200,000 to refinance the city's General Obligation Refunding Bonds,Series 1992. EXPLANATION: Bank of America,N.A.has submitted a proposal to the City to refinance the 1992 General Obligation Bonds maturing on and after November 1,2001 at a savings of approximately$160,000.in future interest payments. PROGRAM IMPACT: N/A FISCAL IMPACT: During fiscal year 2000/2001 the City will realize a savings of approximately$160,000. Interest rates on outstanding bonds range from 5.55%to 6.25%. The actual interest rate on the Note will not be determined until September 6th however the interest rate presently is 5.1% ALTERNATIVES: Not refinance and continue making scheduled bond pay ents. oau:4-1 — g-w— iitetw.e„.--k., Department Head's Signature City Manager's Signature Finance Department Name City Attorney/Finance/Human Resources COM . MUSSION SEP MPIRDWIL SABULLETINTORMS\P.GENDA ITEM REQUEST FORM.DOC ., s�. RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,AUTHORIZING THE ISSUANCE OF A NOTE OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,200,000.00 TO REFINANCE THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992; PROVIDING THAT SUCH NOTE SHALL BE A GENERAL OBLIGATION OF THE CITY PAYABLE FROM AD VALOREM TAXES LEVIED BY THE CITY ON THE TAXABLE PROPERTY WITHIN THE CITY; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN ESCROW DEPOSIT AGREEMENT; PROVIDING FOR THE RIGHTS, SECURITIES, AND REMEDTFS FOR THE OWNER OF SUCH NOTE; PROVIDING FOR THE CREATION OF CERTAIN FUNDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Whereas, pursuant to the authority of Resolution No. R91-205 adopted by the City Commission (the "City Commission") of the City of Boynton Beach, Florida (the "City") on December 3, 1991, the City issued its General Obligation Refunding Bonds, Series 1992 (the "1992 Bonds"); and WHEREAS, as of this date $5,695,000 in aggregate principal amount of the 1992 Bonds remain outstanding; and WHEREAS, the City has received a proposal from Bank of America,N.A. to refinance the 1992 Bonds maturing on and after November 1, 2001 at a lower interest rate resulting in substantial interest savings to the City, currently estimated at approximately$162,000; and WHEREAS, the City has determined to proceed with the issuance of a promissory note in the principal amount of not exceeding $5,200,000 to provide funds, together with other funds available for such purpose, to refinance the 1992 Bonds. NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Charter of the City, the Constitution of the State of Florida, including, but not limited to, Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions of law. Section 2. Definitions. The following words and phrases shall have the following meanings when used herein: "Act"means the Charter of the City, the Constitution of the State of Florida, including,but not limited to, Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions of law. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Original Purchaser is closed. "Clerk" means the Clerk of the City or any duly authorized deputy thereof "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations,whether temporary, proposed or final,promulgated thereunder or applicable thereto. "Mayor" means the Mayor or Vice-Mayor of the City. "Note" means the Note of the City authorized by Section 4 hereof. "Original Purchaser" means Bank of America,N.A. "Owner"means the Person or Persons in whose name or names the Note shall be registered on the books of the City kept for that purpose in accordance with provisions of this Resolution. "Person"means natural persons,firms,trusts,estates,associations,corporations,partnerships and public bodies. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other office as the Original Purchaser may designate to the City in writing. "Resolution" means this Resolution,pursuant to which the Note is authorized to be issued. "State" means the State of Florida. Section 3. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the City and the Owners. Section 4. Authorization of Note. Subject and pursuant to the provisions of this Resolution, an obligation of the City is hereby authorized to be issued under and secured by this Resolution, in the principal amount of not exceeding$5,200,000, for the purpose of providing funds, together with other funds of the City available for such purpose, to refund the 1992 Bonds and to pay costs of issuance of the Note. The principal amount of the Note shall not exceed the amount necessary to provide funds, together with other funds available for such purpose, to provide for the payment of the principal of,premium, and interest on the 1992 Bonds becoming due on November 1,2000 either as a regularly scheduled payment of principal and interest or pursuant to the redemption hereinafter described. 2 Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized from an expeditious sale of the Note, it is in the best interest of the City to negotiate with the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the City shall receive from the Original Purchaser a disclosure statement containing the information required by Section 218.385, Florida Statutes. Section 5. Description of Note. The Note shall be dated the date of its execution and delivery,which shall be September 15,2000,or such other date as may be agreed upon by the Mayor and Original Purchaser, shall bear interest at the rate of %per annum, computed on the basis of a 360-day yearconsisting of twelve 30-day months, and shall mature November 1, 2009. Payments of principal and interest on the Note shall be payable on each May 1 and November 1, commencing May 1, 2001, and the Note shall mature on November 1, 2009. The principal amortization of the Note shall be such that the payments of principal and interest during each calendar year after 2001 shall be as nearly equal as practicable to the payments that would have been made on the 1992 Bonds during such years, and so that the payments on the Note during the year 2001 shall be as low as possible. The Note shall have such other terms and provisions and shall be in the form of the Note attached hereto as Exhibit A. The Note shall be executed on behalf of the City with the manual signature of the Mayor, and shall have impressed thereon the official seal of the City, and be attested with the manual signature of the Clerk, and the said Mayor and Clerk are hereby authorized to execute and attest to the Note on behalf of the City. Section 6. Registration and Exchange of Note: Persons Treated as Owners. The Note shall be initially registered to the Original Purchaser. In the event of a transfer of the Note,then thereafter so long as the Note shall remain unpaid,the City will keep books for the registration and transfer of the Note. The Note shall then be transferable only upon such registration books. The City will transfer the registration of the Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid. Section 7. Payment of Principal and Interest: General Obligation. The City promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The full faith, credit and taxing power of the City are hereby irrevocably pledged to the payment of the principal of and interest on the Note. While the Note is outstanding, there shall be assessed, levied and collected an ad valorem tax on all taxable property within the corporate limits of the City(excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on the Note as the same shall become due and payable. The tax assessed, levied and collected for the payment of the Note shall be assessed, levied and collected in the same manner and at the same time as other ad valorem taxes of the City and the proceeds of said tax shall be applied solely to the payment of the principal of and interest on the Note. The City will diligently enforce its right to receive tax revenues and will diligently enforce and collect such taxes. The City will not take any 3 action that will impair or adversely affect its rights to levy, collect and receive said taxes, or impair or adversely affect in any manner the pledge made herein or the rights of the Owners of the Note. Section 8. Compliance with Tax Requirements. The City hereby covenants and agrees, for the benefit of the Owners from time to time of the Note, to comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Code to the extent necessary to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Specifically,without intending to limit in any way the generality of the foregoing,the City covenants and agrees: (1) to refrain from using proceeds of the Note in a manner that would cause the Note to be classified as a private activity bond under Section 141(a) of the Code; and (2) to refrain from taking any action or omitting to take any action if such action or omission would cause the Note to become an arbitrage bond under Section 103(b) and Section 148 of the Code. The City understands that the foregoing covenants impose continuing obligations on the City to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Section 9. Application of Note Proceeds. Proceeds of the Note shall be applied to the refunding of the 1992 Bonds and to the payment of costs of issuance of the Note pursuant to the written direction of the Finance Director. Section 10. Refunded Bonds. The City has determined that it is in the best interests of the City to provide for the refunding of the 1992 Bonds. The City hereby irrevocably elects, effective upon and only upon the issuance of the Note,that the 1992 Bonds maturing on and after November 1, 2001, shall be called for redemption on November 1, 2000. Section 11. Escrow Deposit Agreement. The City hereby appoints First Union National Bank (the "Escrow Agent") as the Escrow Agent with respect to the 1992 Bonds. The form of Escrow Deposit Agreement (the "Escrow Agreement") attached hereto as Exhibit B is hereby approved and the Mayor is hereby authorized and directed for and in the name of the City to execute, and the City Clerk is hereby authorized and directed to attest to and apply the seal of the City to the Escrow Agreement,with such changes, alterations or corrections thereto as shall be approved by the officials executing the same, such execution to constitute conclusive evidence of such approval. Section 12. Amendment. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Note without the written consent of the Owner. Section 13. Limitation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or shall be construed to give to any Person other than the City and the Owner any legal or equitable right,remedy or claim under or with respect to this Resolution or any covenants,conditions 4 and provisions herein contained;this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and the Owner. Section 14. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact,be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision(or such provision in any other context)invalid, inoperative or unenforceable to any extent whatever. Section 15. Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of principal or interest need not be made on such date but may be made on the next succeeding Business Day,provided that credit for payments made shall not be given until the payment is actually received by the Owner. Section 16. Applicable Provisions of Law. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 17. Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 18. Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 19. Officers and Employees of the City Exempt from Personal Liability. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the City Commission of the City, or any officer, agent or employee, as such, of the City past, present or future,it being expressly understood(a)that the obligation of the City under this Resolution is solely a corporate one, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members of the City Commission of the City, or the officers, agents, or employees, as such, of the City, or any of them, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and(c)that any and all such personal liability of every such member of the City Commission of the City, and every officer, agent, or employee, as such, of the City under or by reason of the obligations, covenants or agreements contained in this Resolution, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Resolution and the issuance of the Note on the part of the City. Section 20. Authorizations. The Mayor, the Clerk, and any other member of the City Commission of the City, and such other officials and employees of the City as may be designated by the Mayor are each designated as agents of the City in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, certificates and contracts on behalf of the City that 5 are necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 21. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the City shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost,in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the City proof of ownership thereof and indemnity reasonably satisfactory to the City and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. The Note so surrendered shall be cancelled. Section 22. Impairment of Contract. The City covenants with the Owner of the Note that it will not, without the written consent of the Owner of the Note, adopt or enact any resolution or ordinance which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Note hereunder. Section 23. Budget and Financial Information. The City shall provide the Owner of the Note with(a) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly after the same is adopted and(b)its audited financial statements for each fiscal year ending after September 30, 1999 within 270 days after the end thereof until the Note is satisfied. The City hereby covenants that it shall promptly give written notice to the Owner of the Note of the commencement of any litigation or proceeding which if determined adversely to the City could adversely affect the security for the payment of the Note. Section 24. Remedies of Noteholder. Should the City default in any obligation created by this Resolution or the Note,the Owner of the Note may, in addition to any other remedies set forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the City or by any officer thereof. Section 25. Qualified Tax-Exempt Obligation. The reasonably anticipated amount of tax- exempt obligations which will be issued by the City during 2000 does not exceed $10,000,000. There are no entities that are subordinate to the City or that issue obligations on behalf of the City. The City hereby designates the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. Section 26. Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. 6 Section 27. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED THIS 6TH DAY OF SEPTEMBER, 2000. CITY OF BOYNTON BEACH, FLORIDA By: Its Mayor (SEAL) Attest: Its Vice-Mayor Suzanne M. Kruse, City Clerk Commissioner Commissioner Commissioner 7 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone:(561)659-7500 Facsimile:(561)659-1789 MARK E.RAYMOND Direct Line: (561) 822-0380 Tallahassee Office E-mail:mraymond@moylelaw.com (850)681-3828 August 16, 2000 To Parties on the Distribution List Re: Bank of America,N.A. Loan to City of Boynton Beach, Florida Ladies and Gentlemen: As most, perhaps all, of you know, it has been determined that the City's 1992 General Obligation Bonds can be refinanced at a significant savings to the City. Because the 1992 bonds are payable from ad valorem taxes, and because the millage rate for FY 2000-01 will be established by the City on September 19,2000,the refinancing needs to be completed before September 19, 2000 so that Diane can reduce the debt service millage for the coming fiscal year. Accordingly,based upon discussions I have had with Diane,the current plan calls for the City Commission to consider adopting a resolution authoring the transaction at its meeting on September 5,2000. Assuming that the resolution is adopted,closing will occur on September 15, 2000. Under this scenario a promissory note will be issued by the City to Bank of America,N.A. Proceeds from the sale of the Note, together with other funds of the City(discussed below) will be placed in an account with an escrow agent,First Union National Bank, and use to pay the principal,premium and interest on the 1992 bonds on November 1,2000, on which date the 1992 bonds will be discharged. The City has already collected ad valorem taxes to be used to pay the regularly scheduled payment of principal and interest due on the 1992 bonds on November 1, 2000 and that money, along with the proceeds of the Note,will be used to pay the regularly scheduled 1992 Bond payment due on November 1,2000 plus the redemption price of all of the Bonds maturing after 2000 which will be called on November 1, 2000 as a result of this transaction. As with the 1992 Bonds the promissory note will be a general obligation of the City payable from ad valorem taxes. In order to provide the City with the highest possible reduction in millage for the coming fiscal year,the new note will be structured so that the payments in years 2002 through 2009(the final maturity date of the Note)will be exactly the same as the payments that would have been on the 1992 bonds in those years. However, the payments due on the Note in 2001 will be substantially less than the payments that would have been made on the 1992 bonds in 2001. G:\02345\30\8-16-00 dist let.wpd • August 16, 2000 Page 2 Preliminary indications are that debt service during 2001 will be approximately$160,000 less than what it would have been. However,we will not be able to "lock in" an interest rate until September 5, 2000. On September 5, the Bank will lock-in an interest rate so that at the City Commission meeting the Commission can be provided with definite savings figures. Would everyone please look over the attached materials and provide me with any questions or comments at your earliest convenience. I will be preparing miscellaneous closing documents in the near future. • Very truly yours, Mark E. Raymond MER/ams • G:\02345\30\8-I6-00 dist Iet.wpd • etil • • RESOLUTION NO. R00-4/ A RESOLUTION OF THE CITY CO I I ` ION OF THE CITY OF (� (� BOYNTON BEACH,FLORIDA;AUT ',FUZING THE ISSUANCE OF A NOTE OF THE CITY IN T. PRINCIPAL AMOUNT OF NOT EXCEEDING $5,200,000.0 I TO REFINANCE THE CITY'S GENERAL OBLIGATION ' UNDING BONDS, SERIES 1992; PROVIDING THAT SU NOTE SHALL BE A GENERAL OBLIGATION OF THE ' ITY PAYABLE FROM AD VALOREM TAXES LEVIED BY 'HE CITY ON THE TAXABLE PROPERTY WITHIN THE C." Y; APPROVING THE FORM OF AND AUTHORIZIN HE EXECUTION OF AN ESCROW DEPOSIT AGREEMEN.'; PROVIDING FOR THE RIGHTS, SECURITIES, AND RE '1 DIES FOR THE OWNER OF SUCH NOTE; PROVID.' G FOR THE CREATION OF CERTAIN FUNDS; "G CERTAIN COVENANTS AND AGREEMENTS IN CO►' CTION THEREWITH; AND PROVIDING AN Er ECTIVE DATE. Wheeas, pursuant to the authority of Resolution No. R91-205 adopted by the City Commiss'•n (the "City Commission") of the City of Boynton Beach, Florida (the "City") on Decem•-r 3, 1991,the City issued its General Obligation Refunding Bonds, Series 1992 (the "1992 Bond- '); and WHEREAS, as of this date $5,695,000 in aggregate principal amount of the 1992 Bonds emain outstanding; and WHEREAS,the City has received a proposal from Bank of America,N.A. to refinance the 1992 Bonds maturing on and after November 1, 2001 at a substantial savings to the City; and WHEREAS, the City has determined to proceed with the issuance of a promissory note in the principal amount of not exceeding $5,200,000 to provide funds, together with other funds available for such purpose, to refinance the 1992 Bonds. NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA, THAT: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Charter of the City, the Constitution of the State of Florida, including, but not limited to,Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166, Florida Statutes and other applicable provisions of law. Section 2. Definitions. The following words and phrases shall have the following meanings when used herein: • "Act" means the Charter of the City, the Constitution of the State of Florida, including,but not limited to, Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166, Florida Statutes and other applicable provisions of law. "Business Day"means any day except any Saturday or Sunday or day on which the Principal Office of the Original Purchaser is closed. "Clerk" means the Clerk of the City or any duly authorized deputy thereof "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto. "Mayor" means the Mayor or Vice-Mayor of the City. "Note" means the Note of the City authorized by Section 4 hereof "Original Purchaser" means Bank of America,N.A. "Owner" means the Person or Persons in whose name or names the Note shall be registered on the books of the City kept for that purpose in accordance with provisions of this Resolution. "Person"means natural persons,fn-ms,trusts,estates, associations,corporations,partnerships and public bodies. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other office as the Original Purchaser may designate to the City in writing. "Resolution" means this Resolution,pursuant to which the Note is authorized to be issued. "State" means the State of Florida. Section 3. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the City and the Owners. Section 4. Authorization of Note. Subject and pursuant to the provisions of this Resolution, an obligation of the City is hereby authorized to be issued under and secured by this Resolution, in the principal amount of not exceeding$5,200,000, for the purpose of providing funds,together with other funds of the City available for such purpose, to refund the 1992 Bonds and to pay costs of issuance of the Note. The principal amount of the Note shall not exceed the amount necessary to provide funds, together with other funds available for such purpose, to provide for the payment of the principal of,premium,and interest on the 1992 Bonds becoming due on November 1,2000 either as a regularly scheduled payment of principal and interest or pursuant to the redemption hereinafter described. 2 • Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized from an expeditious sale of the Note, it is in the best interest of the City to negotiate with the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the City shall receive from the Original Purchaser a disclosure statement containing the information required by Section 218.385, Florida Statutes. Section 5. Description of Note. The Note shall be dated the date of its execution and delivery,which shall be September 15,2000,or such other date as may be agreed upon by the Mayor and Original Purchaser, shall bear interest at the rate of %per annum, computed on the basis of a 360-day year consisting of twelve 30-day months, and shall mature November 1, 2009. Payments of principal and interest on the Note shall be payable on each May 1 and November 1, commencing May 1, 2001, and the Note shall mature on November 1, 2009. The principal amortization of the Note shall be such that the payments of principal and interest during each calendar year after 2001 shall be as nearly equal as practicable to the payments that would have been made on the 1992 Bonds during such years, and so that the payments on the Note during the year 2001 shall be as low as possible. The Note shall have such other terms and provisions and shall be in the form of the Note attached hereto as Exhibit A. The Note shall be executed on behalf of the City with the manual signature of the Mayor, and shall have impressed thereon the official seal of the City, and be attested with the manual signature of the Clerk, and the said Mayor and Clerk are hereby authorized to execute and attest to the Note on behalf of the City. Section 6. Registration and Exchange of Note; Persons Treated as Owners. The Note is initially registered to the Original Purchaser. In the event of a transfer of the Note, then thereafter so long as the Note shall remain unpaid,the City will keep books for the registration and transfer of the Note. The Note shall be transferable only upon such registration books. The City will transfer the registration of the Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid. Section 7. Payment of Principal and Interest: General Obligation. The City promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The full faith, credit and taxing power of the City are hereby irrevocably pledged to the payment of the principal of and interest on the Note. While the Note is outstanding, there shall be assessed, levied and collected an ad valorem tax on all taxable property within the corporate limits within the City (excluding exemptions as required by applicable law), sufficient in an amount to pay the principal of and interest on the Note as the same shall become due and payable. The tax assessed, levied and collected for the payment of the Note shall be assessed, levied and collected in the same manner and at the same time as other ad valorem taxes of the City and the proceeds of said tax shall be applied solely to the payment of the principal of and interest on the Note. The City will diligently enforce its right to receive tax revenues and will diligently enforce and collect such taxes. The City will not take any action that will impair or adversely affect its rights to levy, collect and receive said taxes, 3 • or impair or adversely affect in any manner the pledge made herein or the rights of the Owners of the Note. Section 8. Compliance with Tax Requirements. The City hereby covenants and agrees, for the benefit of the Owners from time to time of the Note, to comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Code to the extent necessary to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Specifically,without intending to limit in any way the generality of the foregoing,the City covenants and agrees: (1) to refrain from using proceeds of the Note in a manner that would cause the Note to be classified as a private activity bond under Section 141(a) of the Code; and (2) to refrain from taking any action or omitting to take any action if such action or omission would cause the Note to become an arbitrage bond under Section 103(b) and Section 148 of the Code. The City understands that the foregoing covenants impose continuing obligations on the City to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Section 9. Application of Note Proceeds. Proceeds of the Note shall be applied to the refunding of the 1992 Bonds and to the payment of costs of issuance of the Note pursuant to the written direction of the Finance Director. Section 10. Refunded Bonds. The City has determined that it is in the best interests of the City to provide for the refunding of the 1992 Bonds. The City hereby irrevocably elects, effective upon and only upon the issuance of the Note, that the 1992 Bonds maturing on and after November 1, 2001, shall be called for redemption on November 1, 2000. Section 11. Escrow Deposit Agreement. The City hereby appoints First Union National Bank (the "Escrow Agent") as the Escrow Agent with respect to the 1992 Bonds. The form of Escrow Deposit Agreement (the "Escrow Agreement") attached hereto as Exhibit B is hereby approved and the Mayor is hereby authorized and directed for and in the name of the City to execute, and the City Clerk is hereby authorized and directed to attest to and apply the seal of the City to the Escrow Agreement,with such changes, alterations or corrections thereto as shall be approved by the officials executing the same, such execution to constitute conclusive evidence of such approval. Section 12. Amendment. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Note without the written consent of the Owner. Section 13. Limitation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or shall be construed to give to any Person other than the City and the Owner any legal or equitable right,remedy or claim under or with respect to this Resolution or any covenants,conditions 4 and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and the Owner. Section 14. Severability. If any provision of this Resolution shall be held or deemed to be or shall,in fact,be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision(or such provision in any other context)invalid, inoperative or unenforceable to any extent whatever. Section 15. Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of principal or interest need not be made on such date but may be made on the next succeeding Business Day,provided that credit for payments made shall not be given until the payment is actually received by the Owner. Section 16. Applicable Provisions of Law. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 17. Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 18. Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 19. Officers and Employees of the City Exempt from Personal Liability. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the City Commission of the City, or any officer, agent or employee, as such, of the City past, present or future,it being expressly understood(a)that the obligation of the City under this Resolution is solely a corporate one, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members of the City Commission of the City, or the officers, agents, or employees, as such, of the City, or any of them, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and(c) that any and all such personal liability of every such member of the City Commission of the City, and every officer, agent, or employee, as such, of the City under or by reason of the obligations, covenants or agreements contained in this Resolution, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Resolution and the issuance of the Note on the part of the City. Section 20. Authorizations. The Mayor, the Clerk, and any other member of the City Commission of the City, and such other officials and employees of the City as may be designated by the Mayor are each designated as agents of the City in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, and contracts on behalf of the City that are 5 necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 21. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the City shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the City proof of ownership thereof and indemnity reasonably satisfactory to the City and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. The Note so surrendered shall be cancelled. Section 22. Impairment of Contract. The City covenants with the Owner of the Note that it will not, without the written consent of the Owner of the Note, adopt or enact any resolution or ordinance which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Note hereunder. Section 23. Budget and Financial Information. The City shall provide the Owner of the Note with(a) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly after the same is adopted and(b)its audited financial statements for each fiscal year ending after September 30, 1999 within 270 days after the end thereof until the Note is satisfied. The City hereby covenants that it shall promptly give written notice to the Owner of the Note of the commencement of any litigation or proceeding which if determined adversely to the City would adversely affect the security for the payment of the Note. Section 24. Remedies of Noteholder. Should the City default in any obligation created by this Resolution or the Note, the Owner of the Note may, in addition to any other remedies set forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction,protect and enforce any and all rights under the laws of the State of Florida, or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by the City or by any officer thereof Section 25. Qualified Tax-Exempt Obligation. The reasonably anticipated amount of tax- exempt obligations which will be issued by the City during 2000 does not exceed $10,000,000. There are no entities that are subordinate to the City or that issue obligations on behalf of the City. The City hereby designates the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. Section 26. Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. Section 27. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED THIS 5TH DAY OF SEPTEMBER, 2000. CITY OF BOYNTON BEACH, FLORIDA G:\02345\30\Resolution(1).wpd `\01111IIII o,. c e<z,- F�°° By: r�..�Ar • / o is Mayor P,/ 400 Att4• ;1.®Q' ��`` f ��f,1111 Fi111���\\\\ Its Vice-Mayor Su anne M. Kruse, City Clerk � G' Commissioner o is oner • Conmii ioner G:\02345\30\Resolution(1).wpd 7 ESCROW DEPOSIT AGREEMENT THIS ESCROW DEPOSIT AGREEMENT (the "Agreement"), is made and dated as of September 15,2000,and is by and between CITY OF BOYNTON BEACH,FLORIDA(the"Issuer") and FIRST UNION.NATIONAL BANK(the "Escrow Agent"),Miami, Florida, a national banking association, as Escrow Agent and as Paying Agent (in such capacity, the "Paying Agent") for the hereinafter described Refunded Bonds. WITNESSETH: WHEREAS,the Issuer has heretofore issued its$10,075,000 General Obligation Refunding Bonds, Series 1992, of which$5,695,000 are currently outstanding(the "1992 Bonds"); and WHEREAS,the Issuer has determined to provide for the payment of all of the 1992 Bonds maturing on and after November 1, 2000, (the "Refunded Bonds"), and to obtain a portion of the funds necessary for such payment by issuing $ in aggregate principal amount of its Promissory Note (the "Note"); and WHEREAS, a portion of the proceeds derived from the sale of the Note,together with other moneys made available by the Issuer for such purpose, will be applied to the purchase of certain direct obligations of the United States of America ("Government Obligations"), the principal of which, together with investment earnings thereon and an initial cash balance, will be sufficient to pay when due the principal, redemption premium, and interest on the Refunded Bonds to and including November 1, 2000, on which date the 1992 Bonds will be discharged; and WHEREAS, in order to provide for the proper and timely application of the moneys deposited in the trust created herein to the payment of the Refunded Bonds, it is necessary for.the Issuer to enter into this Escrow Deposit Agreement with the Escrow Agent on behalf of the owners from time to time of the Refunded Bonds; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein set forth and in order to secure the payment of the principal of, premium, and interest on the Refunded Bonds, according to their tenor and effect,the Issuer does by these presents hereby deliver to and give, grant, assign and pledge to the Escrow Agent and to its successors in the trust hereby created, and to it and its assigns forever, all and singular the property hereinafter described, to wit: CLAUSE I. • All right, title, and interest of the Issuer in and to $ deposited by or on behalf of the Issuer with the Escrow Agent hereunder. CLAUSE II. All right, title, and interest of the Issuer in and to the Government Obligations purchased from the moneys described in Clause I above. CLAUSE III. All right, title, and interest of the Issuer in and to all cash balances held from time to time hereunder and all income and earnings derived from or accruing to the Government Obligations described in Clause II above. CLAUSE IV. All(i)property which by the express provisions of this Agreement is required to be subject to the pledge hereof and(ii) additional property of every kind and nature that may, from time to time hereafter,by delivery or by writing of any kind,be conveyed,pledged,assigned,or transferred as and for additional security hereunder or to be subject to the pledge hereof,by the Issuer or by anyone in its behalf, and the Escrow Agent is hereby authorized to receive the same at any time as additional security hereunder,provided that no property described in(ii)shall be accepted by the Escrow Agent unless the Escrow Agent shall receive an opinion of nationally recognized bond counsel to the effect that such acceptance will not cause the interest on the Refunded Bonds and Note to be included in the gross income of the owners thereof for federal income tax purposes. TO HAVE AND TO HOLD,,all and the same, forever;in trust nevertheless,upon the terms and trusts herein set forth, for the equal and proportionate benefit, security and protection, as herein described, of the owners from time to time of the Refunded Bonds in the manner herein provided; but if the Refunded Bonds shall be fully and promptly paid when due or redeemed in accordance with the termsthereof and hereof, then this Agreement shall be and become void and of no further force and effect, otherwise the same shall remain in full force and effect, and upon the trusts and subject to the covenants and conditions hereinafter set forth. ARTICLE I DEFINITIONS Section 1.01. Definitions. In addition to words and terms elsewhere defined in this Agreement, as used herein,unless some other meaning is plainly intended, the following terms and phrases shall have the following meanings: "Escrow Deposit Trust Fund" means the fund so designated and established under Section 2.01 of this Agreement. "Government Obligations"means direct obligations of the United States of America that are not callable or subject to redemption or prepayment prior to maturity by the obligor thereon. Section 1.02. Uses of Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural number and vice-versa. 2 ARTICLE II ESTABLISHMENT OF FUNDS: FLOW OF FUNDS Section 2.01. Creation of Escrow Deposit Trust Fund. There is hereby created and established with the Escrow Agent a special and irrevocable trust fund designated the. "Escrow Deposit Trust Fund" to be held in the custody of the Escrow Agent separate and apart from other funds of the Issuer or the Escrow Agent. Section 2.02. Deposit to Escrow Deposit Trust Fund. Concurrently with the execution of this Agreement the Issuer has deposited or caused to be deposited with the Escrow Agent and the Escrow Agent acknowledges receipt of immediately available moneys in the amount of $ , for deposit in the Escrow Deposit Trust Fund. The funds deposited in the Escrow Deposit Trust Fund pursuant to the preceding sentence shall, except for a cash balance of $ , be immediately invested by the Escrow Agent in the Government Obligations described in Exhibit A attached hereto, and retained in the Escrow Deposit Trust Fund until applied as hereinafter authorized. Section 2.03. Application of Escrow Deposit Trust Fund. The Escrow Agent shall apply the Government Obligations and other moneys or additional property deposited in the Escrow , Deposit Trust Fund,together with all income and earnings thereon,in accordance with the provisions hereof. The Escrow Agent shall not invest any moneys or additional property held hereunder or make substitutions of the Government Obligations hereunder or sell, transfer, or otherwise dispose of the Government Obligations or moneys held hereunder except as provided in this Agreement. Section 2.04. Irrevocable Trust Created. Except as expressly provided herein,the deposit of(or purchase"for deposit of)the Government Obligations and moneys in the Escrow Deposit Trust Fund shall constitute an irrevocable deposit for the benefit of the owners of the Refunded Bonds and the owners of the Refunded Bonds shall have an express lien on the principal of and earnings on the Government Obligations,other moneys and any additional property held in the Escrow Deposit Trust Fund hereunder until applied in accordance with this Agreement. The Government Obligations, earnings thereon, other moneys and any additional property shall be held in trust by the Escrow Agent and used only for the purposes and in the manner provided in this Agreement. Section 2.05. Redemption of Refunded Bonds. The Issuer has irrevocably called the Refunded Bonds maturing on and after November 1,2001,for redemption on November 1,2000 and hereby irrevocably instructs the Escrow Agent,and the Escrow Agent hereby agrees,to at least thirty (30)days,but not more than sixty(60)days,before November 1,2000,mail a notice of redemption substantially in the form attached hereto as Exhibit B to all registered owners of such Refunded Bonds to be redeemed at their addresses as they appear on the registration books for the Refunded Bonds. Section 2.06. Use of Moneys in Escrow Deposit Trust Fund. On each date on which principal,premium,and/or interest on any of the Refunded Bonds shall become payable,the Escrow Agent shall use funds in the Escrow Deposit Trust Fund to pay the interest, principal and/or redemption price of the Refunded Bonds coming due on such dates, as shown on Exhibit C. 3 • Section 2.07. Investment of Trust Funds. Subject to the requirements of this Section 2.07, the Issuer may direct in writing the Escrow Agent to invest and reinvest any moneys remaining from time to time in the Escrow Deposit Trust Fund until such time as they are needed, and the Escrow • Agent shall comply with such request, otherwise the Escrow Agent shall hold such moneys uninvested(except as otherwise provided herein). Such moneys may be invested and reinvested only in Government Obligations bearing interest at such rate or rates and maturing on such date or dates and in such amounts as directed in writing by the Issuer. The Issuer shall give no such instruction to the Escrow Agent unless the Issuer and the Escrow Agent shall have received in writing an opinion of nationally recognized bond counsel to the effect that such investment of such moneys will not adversely affect the tax-exempt status of the interest on the Refunded Bonds and the Note for federal income tax purposes. Provided further, that no such investment instruction shall be given unless the Issuer and the Escrow Agent shall have received verification from a firm of independent certified public accountants to the effect that,taking into account such investment,the amounts held hereunder will be sufficient to pay the principal,premium, and interest on the Refunded Bonds in full as the same shall become due. Section 2.08. Transfer of Funds After All Payments Required by the Agreement Are Made. After all the principal of, interest on, and redemption premium, if any, with respect to the Refunded Bonds has been paid in full, all remaining moneys and Government Obligations, together with any income and interest thereon,in the Escrow Deposit Trust Fund shall,upon written direction of the Issuer,be transferred to the Issuer by the Escrow Agent and shall be used by the Issuer in the following order of priority(i) if the Note shall be outstanding, to pay principal or interest on the Note, and (ii) otherwise, for any lawful purpose of the Issuer authorized by a written opinion of nationally recognized bond counsel. The Escrow Agent shall have no responsibility for the application of amounts transferred by it to the Issuer as provided above. Section 2.09. Deficiencies. If at any time it shall appear to the Escrow Agent that the available proceeds in the Escrow Deposit Trust Fund will not be sufficient to make any payment when due to the owners of any of the Refunded Bonds, the Escrow Agent shall notify the Issuer as promptly as possible prior to such payment date and the Issuer agrees that it will make available to the Escrow Agent, from legally available funds, if any, amounts sufficient to eliminate the anticipated deficit so that the Escrow Agent will have sufficient funds to make such payment on the Refunded Bonds. The Escrow Agent shall in no manner be responsible for the Issuer's failure to make such deposits. Section 2.10. Escrow Agent Fees. The Issuer hereby agrees to provide for the payment, from lawfully available funds of the Issuer, of the compensation due and owing the Escrow Agent which compensation shall be paid at such times and in such amounts shown on Exhibit D. In no event shall the Escrow Agent have any lien, security interest or right of set-off whatsoever upon any of the moneys or investments in the Escrow Deposit Trust Fund for the payment of such compensation,or for the payment or reimbursement of any expenses incurred by the Escrow Agent in connection with this Agreement. 4 ARTICLE III CONCERNING THE ESCROW AGENT Section 3.01. Appointment of Escrow Agent. The Issuer hereby appoints First Union National Bank,Miami,Florida as Escrow Agent under this Agreement. Section 3.02. Acceptance by Escrow Agent. By execution of this Agreement,the Escrow Agent accepts its duties and obligations hereunder. Section 3.03. Liability of Escrow Agent. The Escrow Agent shall not be liable in connection with the performance of its duties hereunder except for its own negligence, malfeasance or willful misconduct. The Escrow Agent shall not be liable for any loss or any taxability of interest on the Refunded Bonds or Note resulting from any investment made pursuant to the terms and provisions of this Agreement. The Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount of the Government Obligations and the earnings thereon to pay the Refunded Bonds. So long as the Escrow Agent applies all moneys, additional property and the Government Obligations and the interest earnings therefrom to pay the Refunded Bonds as provided herein, and complies fully with the terms of this Agreement, it shall not be liable for any deficiencies in the amounts necessary to pay the Refunded Bonds caused by such calculations. The Escrow Agent shall keep such books and records as shall be consistent with prudent industry practice and shall make such books and records available for inspection by the Issuer at all reasonable times. In the event of the Escrow Agent's failure to account for any of the Government Obligations, additional property or moneys received by it, said Government Obligations, additional property or moneys shall be and remain the property of the Issuer in trust for the owners of the Refunded Bonds, as herein provided, and if for any reason such Government Obligations or moneys are not properly applied by the Escrow Agent as herein provided, the Escrow Agent shall be liable to the owners of the Refunded Bonds for the amount thereof until the required application shall be made. The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. The Escrow Agent may consult with counsel with respect to any matter relevant to this Agreement,who may or may not be counsel to the Issuer, and be entitled to receive from the Issuer reimbursement of the reasonable fees and expenses of such counsel, and in reliance upon the opinion of such counsel have full and complete authorization and protection in respect of any action taken,,suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer, and the Escrow Agent may in good faith conclusively rely upon such certificate. 5 Section 3.04. Permitted Acts. The Escrow Agent and its affiliates may become the owner of or may deal in any obligations of the Issuer described herein as fully and with the same rights as if it were not the Escrow Agent. Section 3.05. Resignation of Escrow Agent. The Escrow Agent at the time acting hereunder may at any time resign by giving not less than sixty(60) days'written notice to the Issuer, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the owners of the Refunded Bonds or by the Issuer as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent and the transfer to such successor Escrow Agent of the funds and accounts held by the Escrow Agent hereunder. Section 3.06. Removal of Escrow Agent. (a) The Escrow Agent may be removed at any time if the owners of a majority in aggregate principal amount of the Refunded Bonds then outstanding file a request for removal in writing with the Issuer,but the Escrow Agent shall remain in office until the appointment and taking office of a successor Escrow Agent in accordance with the provisions of this Agreement. A copy of any such bondowners'request shall be delivered by the Issuer to the Escrow Agent. (b) The Escrow Agent may also be removed at any time for any breach of trust or for any violation of this Agreement by a court of competent jurisdiction upon the application of the Issuer or the owners of not less than fifty percent (50%) in aggregate principal amount of the Refunded Bonds then outstanding. (c) The Escrow Agent shall be deemed to have been removed if it is dissolved,becomes incapable of exercising the powers of Escrow Agent hereunder or is taken over by any governmental action. (d) Prior to the removal of the Escrow Agent, all fees and expenses of the Escrow Agent, including,without limitation,if such removal is without reasonable cause,reasonable attorney's fees and expenses, shall have been paid to the Escrow Agent. Section 3.07. Successor Escrow Agent. (a) When the position of the Escrow Agent becomes or is about to become vacant, the Issuer shall appoint a successor Escrow Agent to fill such vacancy. (b) If no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this Section,the owner of any Refunded Bond then outstanding may, or any Escrow Agent retiring or being removed from such position shall, apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Upon the deposit by the retiring or removed Escrow Agent of all funds and securities held by it under the provisions hereof into the registry of such court, such retiring or removed Escrow Agent shall be relieved of all future duties hereunder. 6 (c) Any corporation or association into with the Escrow Agent may be converted or merged, or with which it may sell its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer shall be and become successor Escrow Agent hereunder without the necessity of any further act. Section 3.08. Limitation on Resignation or Removal. The Escrow Agent may not resign or be removed hereunder unless it also resigns or is removed as Paying Agent for the Refunded Bonds. ARTICLE IV MISCELLANEOUS Section 4.01. Amendments to this Agreement. This Agreement is made for the benefit of the Issuer and the owners from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the written consent all such owners, the Escrow Agent and the Issuer; provided, however, that the Issuer and the Escrow Agent, may, without the consent of, or notice to, such owners, enter into such agreements supplemental to this Agreement as shall not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Refunded Bonds and the Note and the rights of such owners and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or defect or omission in this Agreement; (b) to grant to, or confer upon,the Escrow Agent for the benefit of the owners of the Note, any additional rights, remedies,powers or authority that may lawfully be granted to, or conferred upon, such owners or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of Moyle, Flanigan,Katz,Kolins,Raymond&Sheehan,P.A. or other nationally recognized bond counsel with respect to compliance with this Section, including the extent, if any, to which any change, modification, addition or elimination affects the rights of the owners of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section. Section 4.02. Substitution of Securities. Notwithstanding the foregoing or any other provision of this Agreement, at the written direction of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Agent shall in simultaneous transactions, sell, transfer, otherwise dispose of or request the redemption of the Government Obligations held hereunder and to substitute therefor other Government Obligations, subject to the condition that such moneys or securities together with the interest or income thereof, shall be sufficient to pay, when due, the principal of, interest on and redemption premiums, if any,with respect to the Refunded Bonds. The Escrow Agent shall upon the written direction of the Issuer purchase such substituted securities with 7 the proceeds derived from the sale, transfer, disposition or redemption of the Government Obligations held hereunder or from other moneys available. The transactions may be effected only if there shall have been obtained: (1) an opinion from Moyle,Flanigan, Katz, Kolins, Raymond& Sheehan,P.A. or other nationally recognized bond counsel to the Issuer and the Escrow Agent to the effect that the disposition and substitution or purchase of such securities will not adversely affect the tax-exempt status of the interest on the Refunded Bonds and Note for federal income tax purposes; and(2)new cash flow schedules showing(i)the cash and Government Obligations to be on deposit in the Escrow Account upon making such substitution, (ii) the dates and amounts of maturing principal and interest to be received by the Escrow Agent from such Government Obligations, and (iii)that the cash on hand in the Escrow Account plus cash to be derived from the maturing principal and interest of such Government Obligations shall be sufficient to pay when due all remaining debt service payments on the Refunded Bonds. If securities are substituted pursuant to this Section 4.02, any surplus moneys resulting from the sale,transfer,other disposition or redemption of the Government Obligations held hereunder and the substitutions therefor of Government Obligations, as shown in the verification referred to in (1) above shall be released from the Trust Estate created hereunder and shall be transferred to the Issuer, and shall be used by the Issuer in the following order of priority(i) if the Note shall be outstanding, to pay principal and/or interest on the Note, and(ii) otherwise, for any lawful purpose of the Issuer approved in writing by nationally recognized bond counsel. Section 4.03. Severability. If any one or more of the covenants or agreements provided in this Agreement should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed to be separate and shall in no way affect the validity of the remaining provisions of this Agreement. Section 4.04. Agreement Binding. All the covenants, promises and agreements in this Agreement contained by or on behalf of the Issuer or by or on behalf of the Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, and to the benefit of the owners of the Refunded Bonds,whether so expressed or not. Section 4.05. Termination. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Section 4.06. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida. Section 4.07. Execution by Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded for all purposes as an original, and all of which, together, shall constitute and be but one and the same instrument. Section 4.08. Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given shall be deemed sufficiently given on the day sent by registered mail, return receipt requested, addressed as follows or to such other address furnished in writing by any of the following to all of the following: 8 If to the Issuer: Finance Director City of Boynton Beach,Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 If to the Escrow Agent: First Union National Bank Corporate Trust Department FL6065 First Union Financial Center 200 South Biscayne Boulevard 14th Floor Miami, Florida 33131 IN WITNESS WHEREOF, the Issuer and the Escrow Agent have duly executed this Agreement dated as of September 15, 2000. Attest: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk ayor AS to®ark, FIRST UNION NATIONAL BANK, (U as Escrow Agent CRY ATTORNEY By: Vice-President 9 EXHIBIT A GOVERNMENT OBLIGATIONS TO BE DEPOSITED INTO ESCROW DEPOSIT TRUST FUND Maturity Date Coupon Principal Type Type: =U.S. Treasury EXHIBIT B REDEMPTION NOTICE CITY OF BOYNTON BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992 Maturity CUSIP Nos.* (November 1) 2001 103565 DF1 2002 103565 DG9 2003 103565 DH7 2004 103565 DJ3 2009 103565 DL8 Notice is hereby given that the bonds of the above issue maturing on and after November 1, 2001 are called for payment and redemption on November 1, 2000 (the "Redemption Date") at a redemption price of 101% of the principal amount thereof plus accrued interest thereon to the Redemption Date. The Bonds so called for redemption should be presented for payment and redemption at the office of the Paying Agent set forth below, on or after November 1, 2000, and will cease to bear or accrue interest after that date, whether or not so presented. First Union National Bank First Union Customer Information Center Corporate Trust Operations 1525 West W.T. Harris Boulevard, 3C3 Charlotte,N.C. 28262-1153 1-800-665-9343 Withholding of 31% of gross redemption proceeds of any payment made within the United States of America may be required by the Interest and Dividend Tax Compliance Act of 1983 unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed IRS Form W-9 or exemption certificate or equivalent when presenting your securities for redemption. DATED this_day of , 2000. FIRST UNION NATIONAL BANK * CUSIP numbers are included solely for the convenience of the owners, and no representation is made as to the correctness of the CUSIP numbers indicated in this Redemption Notice. B-1 EXHIBIT C REFUNDED BONDS DEBT SERVICE SCHEDULE Called Premium Date Principal Principal 1% Interest Total 11/01/00 $ 735,000.00 $4,960,000.00 $ 49,600.00 $168,721.25 $5,913,321.25 CA EXHIBIT D ESCROW AGENT FEES AND EXPENSES (i) In consideration of the services rendered by the Escrow Agent, the Issuer agrees to pay the Escrow Agent a one-time fee of$1000.00 to be paid at closing and not from the escrow fund for all services to be incurred as Escrow Agent in connection with such services, including the cost of giving the notice of redemption. (ii) The Issuer shall also reimburse the Escrow Agent for any extraordinary expenses incurred by it in connection herewith. The term "extraordinary expenses" includes (a) expenses arising out of the assertion of any third party to any interest in the Escrow Deposit Trust Fund or any challenge to the validity hereof, including reasonable attorneys' fees, (b) expenses relating to any substitution under Section 4.02 hereof, and(c) expenses (other than ordinary expenses)not occasioned by the Escrow Holder's misconduct or negligence. (iii) The fees and expenses payable by the Issuer under Sections (i) or(ii) shall not be paid from the Escrow Deposit Trust Fund,but shall be paid by the Issuer from legally available funds of the Issuer. G:\02345\30\Escrow draft 1.wpd D-1 September , 2000 $ CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida (the "City"), a municipal corporation and political subdivision of the State of Florida created and existing pursuant to the Constitution and the laws of the State of Florida, for value received,promises to pay to the order of Bank of America,N.A. or registered assigns (hereinafter,the "Owner"), the principal sum of$ together with interest on the principal balance outstanding at the rate per annum of %(subject to adjustment as hereinafter provided)based upon a year of 360 days consisting of twelve 30-day months. Principal of and interest on this Note are payable in lawful money of the United States of America at such place as the Owner may designate to the City in writing, in the following manner: Interest shall be payable on the outstanding principal amount of this Note on the first day of each May and November, commencing May 1, 2001. Installments of principal shall be due hereon on the first day of each May and November, commencing May 1, 2000, in accordance with the table set forth below: Principal Installment Installment Due Date Payable 5/1/01 11/1/01 5/1/02 11/1/02 5/1/03 11/1/03 5/1/04 11/1/04 5/1/05 11/1/05 5/1/06 11/1/06 5/1/07 11/1/07 5/1/08 11/1/08 5/1/09 11/1/09 The entire unpaid principal balance, together with all accrued and unpaid interest thereon, shall be due and payable in full on November 1, 2009. All payments by the City pursuant to this Note shall apply first to accrued interest, then to other charges, due the Owner, and the balance thereof shall apply to the principal sum due. The principal of this Note may not be prepaid at the option of the City prior to maturity. If any payment hereunder is not made when due,then if such payment is not made within ten Business Days after written demand therefor by the Owner, the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the City shall also be obligated to pay, from lawfully available funds, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including specifically but without limitation, claims, disputes, and proceedings seeking adequate protection or relief from the automatic stay. To the extent permitted by law, interest at the lesser of 12% per annum or the maximum lawful rate per annum shall be payable on the entire principal balance owing hereunder from and after the occurrence of and during the continuation of a default described in the preceding paragraph, irrespective of a declaration of acceleration of maturity. The City, to the extent permitted by law, hereby waives presentment, demand, protest and notice of dishonor. The City, to the extent permitted by law, and the Owner, by acceptance hereof, hereby waive trial by jury in any litigation commenced by either in respect hereof or of the Resolution. The full faith, credit and taxing power of the City are irrevocably pledged to the prompt payment of the principal of and interest on this Note. The City has covenanted in the Resolution (hereinafter defined)that while this Note is outstanding there shall be assessed, levied and collected a tax, on all taxable property within the corporate limits of the City (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on this Note as the same shall become due. This Note is issued pursuant to Resolution No. R00- duly adopted by the City on September 5, 2000, as from time to time amended and supplemented (herein referred to as the "Resolution"), and is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of the Resolution are by this reference thereto incorporated herein as a part of this Note. This Note may be exchanged or transferred by the Owner hereof but only upon the registration books maintained by the City and in the manner provided in the Resolution. It is hereby certified,recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, the delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and manner as 2 required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, City of Boynton Beach, Florida has caused this Note to be executed in its name by the manual signature of its Mayor and attested by the manual signature of its Clerk, and its seal to be impressed hereon, all this 15th day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA [SEAL] By: ayor Attest: City Clerk APPDROVED AS TO FORM:_ cw ATTOi2#ef G:\0234530\Promissory Note(1).wpd 3 MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561)659-7500 Facsimile:(561)659-1789 MARK i.RAYMOND Direct Line: (561) 822-0380 Tallahassee Office E-mail:mraymond@moylelaw.com (850)681-3828 September 14, 2000 Suzanne Kruse City Clerk cp) -< City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 =a; Dear Sue: — rm When I got the document packages back from Joyce, I noticed that I was sent all three -� originals of Resolution R 00-124. Accordingly, enclosed is one copy of the Resolution which you should put in your set of closing documents under Tab 1. Also enclosed is a signature page to the Escrow Deposit Agreement which has been signed by First Union National Bank. This page should be inserted in the Escrow Deposit Agreement which is under Tab 2 in your set of documents along with page 9 as signed by the City. Please call if you have any questions. Very truly yours, Mark E. Raymond MER/ams Enc. G:\02345130\9-14-00 Icru se.wpd Section 4.05. Termination. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Section 4.06. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida. Section 4.07. Execution by Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded for all purposes as an original, and all of which, together, shall constitute and be but one and the same instrument. Section 4.08. Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given shall be deemed sufficiently given on the day sent by registered mail, return receipt requested, addressed as follows or to such other address furnished in writing by any of the following to all of the following: If to the Issuer: Finance Director City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 If to the Escrow Agent: First Union National Bank Corporate Trust Department FL6065 First Union Financial Center 200 South Biscayne Boulevard 14th Floor V Miami, Florida 33131 IN WITNESS WHEREOF, the Issuer and the Escrow Agent have duly executed this Agreement dated as of September 15, 2000. Attest: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk Mayor FIRST UNION NATIONAL BANK, as Escrow Agent BY: \ Vice-President 9 ' r k RESOLUTION NO. R 00-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A NOTE OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,200,000.00 TO REFINANCE THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992;PROVIDING THAT SUCH NOTE SHALL BE A GENERAL OBLIGATION OF THE CITY PAYABLE FROM AD VALOREM TAXES LEVIED BY THE CITY ON THE TAXABLE.PROPERTY WITHIN THE CITY; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN ESCROW DEPOSIT AGREEMENT; PROVIDING FOR THE RIGHTS, SECURITIES, AND REMEDIES FOR THE OWNER OF SUCH NOTE; PROVIDING FOR THE CREATION OF CERTAIN FUNDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Whereas, pursuant to the authority of Resolution No. R91-205 adopted by the City Commission (the "City Commission") of the City of Boynton Beach, Florida (the "City") on December 3, 1991, the City issued its General Obligation Refunding Bonds, Series 1992 (the "1992 Bonds"); and WHEREAS, as of this date $5,695,000 in aggregate principal amount of the 1992 Bonds remain outstanding; and WHEREAS, the City has received a proposal from Bank of America, N.A. to refinance the 1992 Bonds maturing on and after November 1, 2001 at a lower interest rate resulting in substantial interest savings to the City, currently estimated at approximately $162,000; and WHEREAS, the City has determined to proceed with the issuance of a promissory note in the principal amount of not exceeding $5,200,000 to provide funds, together with other funds available for such purpose, to refinance the 1992 Bonds. NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Charter of the City, the Constitution of the State of Florida, including, but not limited to, Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions of law. Section 2. Definitions. The following words and phrases shall have the following meanings when used herein: "Act" means the Charter of the City, the Constitution of the State of Florida, including, but not limited to, Article VIII, Seciion 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions of law. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Original Purchaser is closed. "Clerk" means the Clerk of the City or any duly authorized deputy thereof. "Code" Means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or fmal, promulgated thereunder or applicable thereto. "Mayor" means the Mayor or Vice-Mayor,of the City. "Note" means the Note of the City authorized by Section 4 hereof. "Original Purchaser" means Bank of America, N.A. "Owner" means the Person or Persons in whose name or names the Note shall be registered on the books of the City kept for that purpose in accordance with provisions of this Resolution. "Person" means natural persons, firms, trusts, estates, associations, corporations, partnerships and public bodies. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other office as the Original Purchaser may designate to the City in writing. "Resolution" means this Resolution, pursuant to which the Note is authorized to be issued. "State" means the State of Florida. Section 3. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the City and the Owners. Section 4. Authorization of Note. Subject and pursuant to the provisions of this Resolution, an obligation of the City is hereby authorized to be issued under and secured by this , Resolution, in the principal amount of not exceeding $5,200,000, for the purpose of providing funds, together with other funds of the City available for such purpose, to refund the 1992 Bonds and to pay costs of issuance of the Note. The principal amount of the Note shall not exceed the amount necessary to provide funds, together with other funds available for such purpose, to provide for the payment of the principal of, premium, and interest on the 1992 Bonds becoming due on November 1, 2000 either as a regularly scheduled payment of principal and interest or pursuant to the redemption hereinafter described. 2 Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized from an expeditious sale of the Note, it is in the best interest of the City to negotiate with the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the City shall receive from the Original Purchaser a disclosure statement containing the information required by Section 218.385, Florida Statutes. Section 5. Description of Note. The Note shall be dated the date of its execution and delivery, which shall be September 15, 2000, or such other date as maybe agreed upon by the Mayor and Original Purchaser, shall bear interest at the rate of 5.10% per annum, computed on the basis of a 360-day year consisting of twelve 30-day months, and shall mature November 1, 2009. Payments of principal and interest on the Note shall be payable on each May 1 and November 1, commencing May 1, 2001, and the Note shall mature on November 1, 2009. The principal amortization of the Note shall be such that the payments of principal and interest during each calendar year after 2001 shall be as nearly equal as practicable to the payments that would have been made on the 1992 Bonds during such years, and so that the payments on the Note during the year 2001 shall be as low as possible. The Note shall have such other terms and provisions and shall be in the form of the Note attached hereto as Exhibit A. The Note shall be executed on behalf of the City with the manual signature of the Mayor, and shall have impressed thereon the official seal of the City, and be attested with the manual signature of the Clerk, and the said Mayor and Clerk are hereby authorized to execute and attest to the Note on behalf of the City. Section 6. Registration and Exchange of Note: Persons Treated as Owners. The Note shall be initially registered to the Original Purchaser. In the event of a transfer of the Note, then thereafter so long as the Note shall remain unpaid, the City will keep books for the registration and transfer of the Note. The Note shall then be transferable only upon such registration books. The City will transfer the registration of the Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid. Section 7. Payment of Principal and Interest: General Obligation. The City promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The full faith, credit and taxing power of the City are hereby irrevocably pledged to the payment of the principal of and interest on the Note. While the Note is outstanding, there shall be assessed, levied and collected an ad valorem tax on all taxable property within the corporate limits of the City (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on the Note as the same shall become due and payable. The tax assessed, levied and collected for the payment of the Note shall be assessed, levied and collected in the same manner and at the same time as other ad valorem taxes of the City and the proceeds of said tax shall be applied solely to the payment of the principal of and interest on the Note. The City will 3 diligently enforce its right to receive tax revenues and will diligently enforce and collect such taxes. The City will not take any action that will impair or adversely affect its rights to levy, collect and receive said taxes, or impair or adversely affect in any manner the pledge made herein or the rights of the Owners of the Note. Section 8. Compliance with Tax Requirements. The City hereby covenants and agrees, for the benefit of the Owners from time to time of the Note, to comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Code to the extent necessary to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Specifically, without intending to limit in any way the generality of the foregoing, the City covenants and agrees: J (1) to refrain from using proceeds of the Note in a manner that would cause the Note to be classified as a private activity bond under Section 141(a) of the Code; and (2) to refrain from taking any action or omitting to take any action if such action or omission would cause the Note to become an arbitrage bond under Section 103(b) and Section 148 of the Code. The City understands that the foregoing covenants impose continuing obligations on the City to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so long as such requirements are applicable. Section 9. Application of Note Proceeds. Proceeds of the Note shall be applied to the refunding of the 1992 Bonds and to the payment of costs of issuance of the Note pursuant to the written direction of the Finance Director. Section 10. Refunded Bonds. The City has determined that it is in the best interests of the City to provide for the refunding of the 1992 Bonds. The City hereby irrevocably elects, effective upon and only upon the issuance of the Note, that the 1992 Bonds maturing on and after November 1, 2001, shall be called for redemption on November 1, 2000. Section 11. Escrow Deposit Agreement. The City hereby appoints First Union National Bank (the "Escrow Agent") as the Escrow Agent with respect to the 1992 Bonds. The form of Escrow Deposit Agreement (the "Escrow Agreement") attached hereto as Exhibit B is hereby approved and the Mayor is hereby authorized and directed for and in the name of the City to - execute, and the City Clerk is hereby authorized and directed to attest to and apply the seal of the • City to the Escrow Agreement, with such changes, alterations or corrections thereto as shall be approved by the officials executing the same, such execution to constitute conclusive evidence of such approval. Section 12. Amendment. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Note without the written consent of the Owner. 4 • Section 13. Limitation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or shall be construed to give to any Person other than the City and the Owner any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and the Owner. Section 14. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatever. Section 15. Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment of principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Owner. Section 16. Applicable Provisions of Law. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 17. Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 18. Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 19. Officers and Employees of the City Exempt from Personal Liability. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the City Commission of the City, or any officer, agent or employee, as such, of the City past, present or future, it being expressly understood (a) that the obligation of the City under.this Resolution is solely a corporate one, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members of the City Commission of the City, or the officers, agents, or employees, as such, of the City, or any of them, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and (c) that any and all such personal liability of every such member of the City Commission of the City, and every officer, agent, or employee, as such, of the City under or by reason of the obligations, covenants or agreements contained in this Resolution, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Resolution and the issuance of the Note on the part of the City. 5 Section 20. Authorizations. The Mayor, the Clerk, and any other member of the City Commission of the City, and such other officials and employees of the City as may be designated by the Mayor are each designated as agents of the City in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, certificates and contracts on behalf of the City that are necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 21. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the City shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the City proof of ownership thereof and indemnity reasonably satisfactory to the City and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. The Note so surrendered shall be cancelled. Section 22. Impairment of Contract. The City covenants with the Owner of the Note that it will not, without the written consent of the Owner of the Note, adopt or enact any resolution or ordinance which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Note hereunder. Section 23. Budget and Financial Information. The City shall provide the Owner of the Note with(a) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly after the same is adopted and (b) its audited fmancial statements for each fiscal year ending after September 30, 1999 within 270 days after the end thereof until the Note is satisfied. The City hereby covenants that it shall promptly give written notice to the Owner of the Note of the commencement of any litigation or proceeding which if determined adversely to the City could adversely affect the security for the payment of the Note. Section 24. Remedies of Noteholder. Should the City default in any obligation created by this Resolution or the Note, the Owner of the Note may, in addition to any other remedies set forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the City or by any officer thereof. Section 25. Qualified Tax-Exempt Obligation. The reasonably anticipated amount of tax- exempt obligations which will be issued by the City during 2000 does not exceed $10,000,000. There are no entities that are subordinate to the City or that issue obligations on behalf of the City. The City hereby designates the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. 6 Section 26. Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. Section 27. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED THIS 6TH DAY OF SEPTEMBER, 2000. CITY OF BOYNTON BEACH, FLORIDA : PP°�;6% 0 By: = s Mayor ��Q' �n►►►i�u►�a Its Vice-Mayor Su nn M Kruse, City Clerk Commissioner Co •' sioner Com sioner G:\02345\30\Rcsolution(2).wpd 7 EXHIBIT A September 15, 2000 $ CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida (the "City"), a municipal corporation and political subdivision of the State of Florida created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay to the order of Bank of America, N.A. or registered assigns (hereinafter, the "Owner"), the principal sum of $ together with interest on the principal balance outstanding at the rate per annum of % (subject to adjustment as hereinafter provided) based upon a year of 360 days consisting of twelve 30-day months. Principal of and interest on this Note are payable in lawful money of the United States of America at such place as the Owner may designate to the City in writing, in the following manner: Interest shall be payable on the outstanding principal amount of this Note on the first day of each May and November, commencing May 1, 2001. Installments of principal shall be due hereon on the first day of each May and November, commencing May 1, 2001, in accordance with the table set forth below: Principal Installment Installment Due Date Payable 5/1/01 11/1/01 5/1/02 11/1/02 5/1/03 11/1/03 5/1/04 11/1/04 5/1/05 11/1/05 5/1/06 11/1/06 5/1/07 11/1/07 5/1/08 11/1/08 5/1/09 11/1/09 The entire unpaid principal balance,..together with all accrued and unpaid interest thereon, shall be due and payable in full on November 1, 2009. All payments by the City pursuant to this Note shall apply first to accrued interest, then to other charges, due the Owner, and the balance thereof shall apply to the principal sum due. The principal of this Note may not be prepaid at the option of the City prior to maturity. If any payment hereunder is not made when due, the same shall constitute a default, and if such payment is not made within ten Business Days after written demand therefor by the Owner, the Owner may declare the entire debt then remaining unpaid hereunder immediately due and payable; and in any such default and acceleration, the City shall also be obligated to pay, from lawfully available funds, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal or incurred in any proceeding under bankruptcy laws as they now or hereafterexist, including specifically but without limitation, claims, disputes, and proceedings seeking adequate protection or relief from the automatic stay. To the extent permitted by law, interest at the lesser of 12% per annum or the maximum lawful rate per annum shall be payable on the entire principal balance owing hereunder from and after the occurrence of and during the continuation of a default described in the preceding paragraph, irrespective of a declaration of acceleration of maturity. The City, to the extent permitted by law, hereby waives presentment, demand, protest and notice of dishonor. The City, to the extent permitted by law, and the Owner, by acceptance hereof, hereby waive trial by jury in any litigation commenced by either in respect hereof or of the Resolution (hereinafter defined). The full faith, credit and taxing power of the City are irrevocably pledged to the prompt payment of the principal of and interest on this Note. The City has covenanted in the Resolution (hereinafter defined) that while this Note is outstanding there shall be assessed, levied and collected a tax, on all taxable property within the corporate limits of the City (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on this Note as the same shall become due. This Note is issued pursuant to Resolution No. R00- duly adopted by the City on September 6, 2000, as from time to time amended and supplemented (herein referred to as the "Resolution"), and is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of the Resolution are by this reference thereto incorporated herein as a part of this Note. This Note may be exchanged or transferred by the Owner hereof but only upon the registration books maintained by the City and in the manner provided in the Resolution. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, the delivery and the issuance of this Note do exist, have happened and have been performed in due time, form and. A-2 manner as required by law, and that the issuance of this Note is in full compliance with and does not exceed or violate any constitutional or statutory limitation. IN WITNESS WHEREOF, City of Boynton Beach, Florida has caused this Note to be executed in its name by the manual signature of its Mayor and attested by the manual signature of its Clerk, and its seal to be impressed hereon, all this 15th day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA [SEAL] By: Mayor Attest: City Clerk A-3 EXHIBIT B ESCROW DEPOSIT AGREEMENT THIS ESCROW DEPOSIT AGREEMENT (the "Agreement"), is made and dated as of September 15, 2000, and is by and between CITY OF BOYNTON BEACH, FLORIDA (the "Issuer") and FIRST UNION NATIONAL BANK (the "Escrow Agent"), Miami, Florida, a national banking association, as Escrow Agent and as Paying Agent (in such capacity, the "Paying Agent") for the hereinafter described Refunded Bonds. WITNESSETH: WHEREAS, the Issuer has heretofore issued its $10,075,000 General Obligation Refunding Bonds, Series 1992, of which$5,695,000 are currently outstanding(the "1992 Bonds"); and _ WHEREAS, the Issuer has determined to provide for the payment of all of the 1992 Bonds maturing on and after November 1, 2000, (the "Refunded Bonds"), and to obtain a portion of the funds necessary for such payment by issuing $ in aggregate principal amount of its Promissory Note (the "Note"); and WHEREAS, a portion of the proceeds derived from the sale of the Note, together with other moneys made available by the Issuer for such purpose, will be applied to the purchase of certain direct obligations of the United States of America ("Government Obligations"), the principal of which, together with investment earnings thereon and an initial cash balance, will be sufficient to pay when due the principal, redemption premium, and interest on the Refunded Bonds to and including November 1, 2000, on which date the Refunded Bonds will be discharged; and WHEREAS, in order to providefor the proper and timely application of the moneys deposited in the trust created herein to the payment of the Refunded Bonds, it is necessary for the Issuer to enter into this Escrow Deposit Agreement with the Escrow Agent on behalf of the owners from time to time of the Refunded Bonds; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein set forth and in order to secure the payment of the principal of, premium, and interest on the Refunded Bonds, according to their tenor and effect, the Issuer does by these presents hereby deliver to and give, grant, assign and pledge to the Escrow Agent and to its successors in the trust hereby created, and to it and its assigns forever, all and singular the property hereinafter described, to wit: , CLAUSE I. All right, title, and interest of the Issuer in and to $ deposited by or on behalf of the Issuer with the Escrow Agent hereunder. CLAUSE II. All right, title, and interest of the Issuer in and to the Government Obligations purchased from the moneys described in Clause I above. CLAUSE III. All right, title, and interest of the Issuer in and to all cash balances held from time to time hereunder and all income and earnings derived from or accruing to the Government Obligations described in Clause II above. CLAUSE IV. All (i)property which by the express provisions of this Agreement is required to be subject to the pledge hereof and (ii) additional property of every kind and nature that may, from time to time hereafter, by delivery or by writing of any kind, be conveyed, pledged, assigned, or transferred as and for additional security hereunder or to be subject to the pledge hereof, by the Issuer or by anyone in its behalf, and the Escrow Agent is hereby authorized to receive the same at any time as additional security hereunder, provided that no property described in (ii) shall be accepted by the Escrow Agent unless the Escrow Agent shall receive an opinion of nationally recognized bond counsel to the effect that such acceptance will not cause the interest on the Refunded Bonds and Note to be included in the gross income of the owners thereof for federal income tax purposes. TO HAVE AND TO HOLD, all and the same, forever; in trust nevertheless, upon the terms and trusts herein set forth, for the equal and proportionate benefit, security and protection, as herein described, of the owners from time to time of the Refunded Bonds in the manner herein provided; but if the Refunded Bonds shall be fully and promptly paid when due or redeemed in accordance with the terms thereof and hereof, then this Agreement shall be and become void and of no further force and effect, otherwise the same shall remain in full force and effect; and upon the trusts and subject to the covenants and conditions hereinafter set forth. ARTICLE I • DEFINITIONS Section 1.01. Definitions. In addition to words and terms elsewhere defined in this Agreement, as used herein, unless some other meaning is plainly intended, the following terms and phrases shall have the following meanings: "Escrow Deposit Trust Fund" means the fund so designated and established under Section 2.01 of this Agreement. B-2 "Government Obligations" means direct obligations of the United States of America that are not callable or subject to redemption or prepayment prior to maturity by the obligor thereon. Section 1.02. Uses of Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the phiral number and vice-versa. ARTICLE II ESTABLISHMENT OF FUNDS: FLOW OF FUNDS Section 2.01. Creation of Escrow Deposit Trust Fund. There is hereby created and established with the Escrow Agent a special and irrevocable trust fund designated the "Escrow Deposit Trust Fund" to be held in,the custody.of the Escrow Agent separate and apart from other funds of the Issuer or the Escrow Agent. Section 2.02. Deposit to Escrow Deposit Trust Fund. Concurrently with the execution of this Agreement the Issuer has deposited or caused to be deposited with the Escrow Agent and the Escrow Agent acknowledges receipt of immediately available moneys in the amount of $ , for deposit in the Escrow Deposit Trust Fund. The funds deposited in the Escrow Deposit Trust Fund pursuant to the preceding sentence shall, except for a cash balance of $ , be immediately invested by the Escrow Agent in the Government Obligations described in Exhibit A attached hereto, and retained in the Escrow Deposit Trust Fund until applied as hereinafter authorized. Section 2.03. Application of Escrow Deposit Trust Fund. The Escrow Agent shall apply the Government Obligations and other moneys or additional property deposited in the Escrow Deposit Trust Fund, together with all income and earnings thereon, in accordance with the provisions hereof. The Escrow Agent shall not invest any moneys or additional property held hereunder or make substitutions of the Government Obligations hereunder or sell, transfer, or otherwise dispose of the Government Obligations or moneys held hereunder except as provided in this Agreement. Section 2.04. Irrevocable Trust Created. Except as expressly provided herein, the deposit of (or purchase for deposit of) the Government Obligations and moneys in the Escrow Deposit Trust Fund shall constitute an irrevocable deposit for the benefit of the owners of the Refunded Bonds and the owners of the Refunded Bonds shall have an express lien on the principal of and earnings on the Government Obligations, other moneys and any additional property held in the Escrow Deposit Trust Fund hereunder until applied in accordance with this Agreement. The Government Obligations, earnings thereon, other moneys and any additional property shall be held in trust by the Escrow Agent and used only for the purposes and in the manner provided in this Agreement. B-3 Section 2.05. Redemption of Refunded Bonds. The Issuer has irrevocably called the Refunded Bonds maturing on and after November 1;2001, for redemption on November 1, 2000 and hereby irrevocably instructs the Escrow Agent, and the Escrow Agent hereby agrees, to at least thirty (30) days, but not more than sixty (60) days, before November 1, 2000, mail a notice of redemption substantially in,the form attached hereto as Exhibit B to all registered owners of such Refunded Bonds to be redeemed at their addresses as they appear on the registration books for the Refunded Bonds. Section 2.06. Use of Moneys in Escrow Deposit Trust Fund. On each date on which principal, premium, and/or interest on any of the Refunded Bonds shall become payable, the Escrow Agent shall use funds in the Escrow Deposit Trust Fund to pay the interest, principal and/or redemption price of the Refunded Bonds coming due on such dates, as shown on Exhibit C. Section 2.07. Investment of Trust Funds. Subject to.the requirements of this Section 2.07, the Issuer may direct in writing the Escrow Agent to invest and reinvest any moneys remaining from time to time in the Escrow Deposit Trust Fund until such time asthey are needed, and the Escrow Agent shall comply with such request, otherwise the Escrow Agent shall hold such moneys uninvested (except as otherwise provided herein). Such moneys may be invested and reinvested only in Government Obligations bearing interest at such rateor rates and maturing on such date or dates and in such amounts as directed in writing by the Issuer. The Issuer shall give no such instruction to the Escrow Agent unless the Issuer and the Escrow Agent shall have received in writing an opinion of nationally recognized bond counsel to the effect that such investment of such moneys will not adversely affect the tax-exempt status of theinterest on the Refunded Bonds and the Note for federal income tax purposes. Provided further, that no such investment instruction shall be given unless the Issuer and the Escrow Agent shall have received verification from a firm of independent certified public accountants to the effect that, taking into account such investment, the amounts held hereunder will be sufficient to pay the principal, premium, and interest on the Refunded Bonds in full as the same shall become due. Section 2.08. Transfer of Funds After All Payments Required by the Agreement Are Made. After all the principal of, interest on, and redemption premium, if any, with respect to the Refunded Bonds has been paid in full, all remaining moneys and Government Obligations, together with any income and interest thereon, in the Escrow Deposit Trust Fund shall, upon written direction of the Issuer, be transferred to the Issuer by the Escrow Agent and shall be used by the Issuer in the following order of priority (i) if the Note shall be outstanding, to pay principal or interest on the Note, and (ii) otherwise, for any lawful purpose of the Issuer authorized by a written opinion of nationally recognized bond counsel. The Escrow Agent shall have no responsibility for the application of amounts transferred by it to the Issuer as provided above. Section 2.09. Deficiencies. If at any time it shall appear to the Escrow Agent that the available proceeds in the Escrow Deposit Trust Fund will not be sufficient to make any payment when due to the owners of any of the Refunded Bonds, the Escrow Agent shall notify the Issuer as promptly as possible prior to such payment date and the Issuer agrees that it will make available to the Escrow Agent, from legally available funds, if any, amounts sufficient to eliminate the anticipated deficit so that the Escrow Agent will have sufficient funds to make such payment on B-4 the Refunded Bonds. The Escrow Agent shall in no manner be responsible for the Issuer's failure to make such deposits. Section 2.10. Escrow Agent Fees. The Issuer hereby agrees to provide for the payment, from lawfully available funds of the Issuer, of the compensation due and owing the Escrow Agent which compensation shall be paid at such times and in such amounts shown on Exhibit D. In no event shall the Escrow Agent have any lien, security interest or right of set-off whatsoever upon any of the moneys or investments in the Escrow Deposit Trust Fund for the payment of such compensation, or for the payment or reimbursement of any expenses incurred by the Escrow Agent in connection with this Agreement. ARTICLE III • CONCERNING THE ESCROW AGENT Section 3.01. Appointment of Escrow Agent. The Issuer hereby appoints First Union National Bank, Miami, Florida as Escrow Agent under this Agreement. Section 3.02. Acceptance by Escrow Agent. By execution of this Agreement, the Escrow Agent accepts its duties and obligations hereunder. Section 3.03. Liability of Escrow Agent. The Escrow Agent shall not be liable in connection with the performance of its duties hereunder except for its own negligence, malfeasance or willful misconduct. The Escrow Agent shall not be liable for any loss or any taxability of interest on the Refunded Bonds or Note resulting from any investment made pursuant to the terms and provisions of this Agreement. The Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount of the Government Obligations and the earnings thereon to pay the Refunded Bonds. So long as the Escrow Agent applies all moneys, additional property and the Government Obligations and the interest earnings therefrom to pay the Refunded' Bonds as provided herein, and complies fully with the terms of this Agreement, it shall not be liable for any deficiencies in the amounts necessary to pay the Refunded Bonds caused by such calculations. The Escrow Agent shall keep such books and records as shall be consistent with prudent industry practice and shall make such books and records available for inspection by the Issuer at all reasonable times. In the event of the Escrow Agent's failure to account for any of the Government Obligations, additional property or moneys received by it, said Government Obligations, additional property or moneys shall be and remain the property of the Issuer in trust for the owners of the Refunded Bonds, as herein provided, and if for any reason such Government Obligations or moneys are not properly applied by the Escrow Agent as herein provided, the Escrow Agent shall be liable to the owners of the Refunded Bonds for the amount thereof until the required application shall be made. B-5 The duties and obligations of the Escrow Agent shall be determined by the express provisions of this Agreement. The Escrow Agent may consult with counsel with respect to any matter relevant to this Agreement, who may or may not be counsel to the Issuer, and be entitled to receive from the Issuer reimbursement of the reasonable fees and expenses of such counsel, and in reliance upon the opinion of such counsel have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer, and the Escrow Agent may in good faith conclusively rely upon such certificate. Section 3.04. Permitted Acts. The Escrow Agent and its affiliates may become the owner of or may deal in any obligations of the Issuer described herein as fully and with the same rights as if it were not the Escrow Agent. Section 3.05. Resignation of Escrow Agent. The Escrow Agent at the time acting hereunder may at any time resign by giving not less than sixty (60) days' written notice to the Issuer, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the owners of the Refunded Bonds or by the Issuer as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent and the transfer to such successor Escrow Agent of the funds and accounts held by the Escrow Agent hereunder. Section 3.06. Removal of Escrow Agent. (a) The Escrow Agent may be removed at any time if the owners of a majority in aggregate principal amount of the Refunded Bonds then outstanding file a request for removal in writing with the Issuer, but the Escrow Agent shall remain in office until the appointment and taking office of a successor Escrow Agent in accordance with the provisions of this Agreement. A copy of any such bondowners' request shall be delivered by the Issuer to the Escrow Agent. (b) The Escrow Agent may also be removed at any time for any breach of trust or for any violation of this Agreement by a court of competent jurisdiction upon the application of the Issuer or the owners of not less than fifty percent (50%) in aggregate principal amount of the Refunded Bonds then outstanding. (c) The Escrow Agent shall be deemed to have been removed if it is dissolved, becomes incapable of exercising the powers of Escrow Agent hereunder or is taken over by any governmental action. (d) Prior to the removal of the Escrow Agent, all fees and expenses of the Escrow Agent, including, without limitation, if such removal is without reasonable cause, reasonable attorney's fees and expenses, shall have been paid to the Escrow Agent. B-6 Section 3.07. Successor Escrow Agent. (a) When the position of the Escrow Agent becomes or is about to become vacant, the Issuer shall appoint a successor Escrow Agent to fill such vacancy. (b) If no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this Section, the owner of any Refunded Bond then outstanding may, or any Escrow Agent retiring or being removed from such position shall, apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Upon the deposit by the retiring or removed Escrow Agent of all funds and securities held by it under the provisions hereof into the registry of such court, such retiring or removed Escrow Agent shall be relieved of all future duties hereunder. (c) Any corporation or association into with the Escrow Agent may be converted or merged, or with which it may sell its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer shall be and become successor Escrow Agent hereunder without the necessity of any further act. Section 3.08. Limitation on Resignation or Removal. The Escrow Agent may not resign or be removed hereunder unless it also resigns or is removed as Paying Agent for the Refunded Bonds. ARTICLE IV MISCELLANEOUS Section 4.01. Amendments to this Agreement. This Agreement is made for the benefit of the Issuer and the owners from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended without the written consent all such owners, the Escrow Agent and the Issuer; provided, however, that the Issuer and the Escrow Agent, may, without the consent of, or notice to, such owners, enter into such agreements supplemental to this Agreement as shall not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Refunded Bonds and the Note and the rights of such owners and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or defect or omission in this Agreement; (b) to grant to, or confer upon, the Escrow Agent for the benefit of the owners of the Note, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such owners or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. B-7 The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. or other nationally recognized bond counsel with respect to compliance with this Section, including the extent, if any, to which any change, modification, addition or elimination affects the rights of the owners of the Refunded Bonds, or that any instrument executed hereunder complies with the conditions and provisions of this Section. Section 4.02. Substitution of Securities. Notwithstanding the foregoing or any other provision of this Agreement, at the written direction of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Agent shall in simultaneous transactions, sell, transfer, otherwise dispose of or request the redemption of the Government Obligations held hereunder and to substitute therefor other Government Obligations, subject to the condition that such moneys or securities together with the interest or income thereof,, shall be sufficient to pay, when due, the principal of, interest on and redemption premiums, if any, with respect to the Refunded Bonds. The Escrow Agent shall upon the written direction of the Issuer purchase such substituted securities with the proceeds derived from the sale, transfer, disposition or redemption of the Government Obligations held hereunder or from other moneys available. The transactions may be effected only if there shall have been obtained: (1) an opinion from Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. or other nationally recognized bond counsel to the Issuer and the Escrow Agent to the effect that the disposition and substitution or purchase of such securities will not adversely affect the tax-exempt status of the interest on the Refunded Bonds and Note for federal income tax purposes; and (2) new cash flow schedules showing (i) the cash and Government Obligations to be on deposit in the Escrow Account upon making such substitution, (ii) the dates and amounts of maturing principal and interest to be received by the Escrow Agent from such Government Obligations, and (iii) that the cash on hand in the Escrow Account plus cash to be derived from the maturing principal and interest of such Government Obligations shall be sufficient to pay when due all remaining debt service payments on the Refunded Bonds. If securities are'substituted pursuant to this Section 4.02, any surplus moneys resulting from the sale, transfer, other disposition or redemption of the Government Obligations held hereunder and the substitutions therefor of Government Obligations, as shown in the verification referred to in (1) above shall be released from the Trust Estate created hereunder and shall be transferred to the Issuer, and shall be used by the Issuer in the following order of priority (i) if the Note shall be outstanding, to pay principal and/or interest on the Note, and (ii) otherwise, for any lawful purpose of the Issuer approved in writing by nationally recognized bond counsel. Section 4.03. Severability. If any one or more of the covenants or agreements provided in this Agreement should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed to be separate and shall in no way affect the validity of the remaining provisions of this Agreement. Section 4.04. Agreement Binding. All the covenants, promises and agreements in this Agreement contained by or on behalf of the Issuer or by or on behalf of the Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, and to the benefit of the owners of the Refunded Bonds, whether so expressed or not. B-8 Section 4.05. Termination. This.Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Section 4.06. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida. Section 4.07. Execution by Counterparts. This Agreement may be executed in several , counterparts, each of which shall be regarded for all purposes as an original, and all of which, together, shall constitute and be but one and the same instrument. Section 4.08. Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given shall be deemed sufficiently given on the day sent by registered mail, return receipt requested, addressed as follows or to such other address furnished in writing by any of the following to all of the following: If to the Issuer: Finance Director City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 If to the Escrow Agent: First Union National Bank Corporate Trust Department FL6065 First Union Financial Center 200 South Biscayne Boulevard 14th Floor Miami, Florida 33131 IN WITNESS WHEREOF, the Issuer and the Escrow Agent have duly executed this Agreement dated as of September 15, 2000. Attest: CITY OF BOYNTON BEACH, FLORIDA By: By: City Clerk Mayor FIRST UNION NATIONAL BANK, as Escrow Agent By: Vice-President B-9 -1 EXHIBIT A GOVERNMENT OBLIGATIONS TO BE DEPOSITED INTO ESCROW DEPOSIT TRUST FUND Maturity Date Coupon Principal Type Type: =U.S. Treasury 1 r EXHIBIT B REDEMPTION NOTICE CITY OF BOYNTON BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992 Maturity CUSIP Nos.* ' .(November 1) 2001 103565 DF1 2002 103565 DG9 2003 103565 DH7 2004 103565 DJ3 2009 103565 DL8 Notice is hereby given that the bonds of the above issue maturing on and after November 1, 2001 are called for payment and redemption on November 1, 2000 (the "Redemption Date") at a redemption price of 101% of the principal amount thereof plus accrued interest thereon to the Redemption Date. The Bonds so called for redemption should be presented for payment and redemption at the office of the Paying Agent set forth below, on or after November 1, 2000, and will cease to bear or accrue interest after that date, whether or not so presented. First Union National Bank First Union Customer Information Center Corporate Trust Operations 1525 West W.T. Harris Boulevard, 3C3 Charlotte, N.C. 28262-1153 1-800-665-9343 Withholding of 31% of gross redemption proceeds of any payment made within the United States of America may be required by the Interest and Dividend Tax Compliance Act of 1983 unless the Paying Agent has the correct taxpayer identification number(social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed IRS Form W-9 or exemption certificate or equivalent when presenting your securities for redemption. DATED this _day of , 2000. FIRST UNION NATIONAL BANK * CUSIP numbers are included solely for the convenience of the owners, and no representation is made as to the correctness of the CUSIP numbers indicated in this Redemption Notice. B-1 EXHIBIT C REFUNDED BONDS DEBT SERVICE SCHEDULE Called Premium Date Principal Principal 1% Interest Total 11/01/00 $ 735,000.00 $4,960,000.00 $ 49,600.00 $168,721.25 $5,913,321.25 C-1 EXHIBIT D ESCROW AGENT FEES AND EXPENSES (i) In consideration of the services rendered by the Escrow Agent, the Issuer agrees to pay the Escrow Agent a one-time fee of$1000.00 to be paid at closing and not from the escrow fund for all services to be incurred as Escrow Agent in connection with such services, including the cost of giving the notice of redemption. (ii) The Issuer shall also reimburse the Escrow Agent for any extraordinary expenses incurred by it in connection herewith. The term "extraordinary expenses" includes (a) expenses arising out of the assertion of any third party to any interest in the Escrow Deposit Trust Fund or any challenge to the validity hereof, including reasonable attorneys' fees, (b) expenses relating to any substitution under Section 4.02 hereof, and (c) expenses (other than ordinary expenses) not occasioned by the Escrow Holder's misconduct or negligence. (iii) The fees and expenses payable by the Issuer under Sections (i) or(ii) shall not be paid from the Escrow Deposit Trust Fund, but shall be paid by the Issuer from legally available funds of the Issuer. D-1 TRANSCRIPT OF PROCEEDINGS CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE DATED SEPTEMBER 15, 2000 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. BOND COUNSEL • C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC TIME AND PLACE OF CLOSING The closing was held on September 15, 2000 (the "Closing Date"). Although certain of the below-described Closing Documents were executed and/or filed in advance of the Closing Date, no Closing Document was deemed to have been delivered until all Closing Documents were delivered. LIST OF CLOSING DOCUMENTS 1. Certified copy of Resolution No. R 00- adopted by the City Commission. 2. Escrow Deposit Agreement. 3. Notice of Sale sent to Division of Bond Finance. 4. General Certificate of the Issuer. 5. Written Direction of Finance Director. 6. Receipt for Note. 7. State of Florida Division of Bond Finance Forms BF-2003/2004-B and Letter of Transmittal. 8. Certificate as to Arbitrage and Other Tax Matters. 9. Form 8038-G and Transmittal Letter. 10. Disclosure Statement of Bank. 11. Opinion of City Attorney. 12. Opinion of Bond Counsel. Transcripts. Eight (8) complete transcripts are to be prepared for distribution as follows: 2- City of Boynton Beach, Florida 2 - Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. 1 - Holland & Knight LLP 2 - Bank of America, N.A. 1 - Josias, Goren, Cherof, Doody & Ezrol, P.A. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC CERTIFICATE OF TRUE COPY I, the undersigned City Clerk of the City of Boynton Beach, Florida, DO HEREBY CERTIFY that attached hereto is a true and correct copy of Resolution No. R 00- duly adopted September 6, 2000 and that such resolution remains in force on the date hereof and has not been amended or supplemented. IN WITNESS WHEREOF, I have hereunto set my hand as of the 15th day September, 2000. By: City Clerk C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE GENERAL CERTIFICATE OF THE ISSUER We, the undersigned Mayor (the "Mayor"), City Manager ("City Manager") and Clerk(the "Clerk") of the City of Boynton Bea ch, Florida (the "Issuer"), DO HEREBY CERTIFY as follows: 1. We are the qualified and acting Mayor, City Manager and Clerk of the Issuer. 2. The following is a correct listing of the names of the members of the City Commission (the "Governing Body") of the Issuer, and the dates of expiration of their respective terms of office: Expiration Name of Term (March) Gerald Broening, Mayor 2001 Ronald Weiland, Vice-Mayor 2001 William A. Sherman, Mayor pro, tem 2001 Bruce Black 2002 Charlie Fisher 2002 3. All of the above members of the Governing Body have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 4. James A. Cherof, Esq. is the duly appointed Attorney for the Issuer and accordingly is entitled to sign opinions and other documents pertaining to the Governing Body, the Issuer, and the Issuer's $ Promissory Note, dated September 15, 2000 (the "Note"). The law firm of Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A., is bond counsel for the Issuer, and accordingly is entitled to sign opinions and other documents as bond counsel. 5. The Mayor has signed the Note by his manual signature, and the manual signature appearing on the Note and the manual signature at the end of this certificate are each the true and lawful signature of the Mayor. 6. The seal of the Issuer was impressed upon the Note, and attested by the manual signature of the Clerk. Such seal and signature appearing on the Note and the manual signature of the Clerk and the impression of the seal of the Issuer at the end of this certificate constitute the true and lawful seal of the Issuer and the signature of the Clerk, respectively. C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC 7. Resolution No. R 00- (hereinafter referred to as the "Resolutions"), as certified by the Clerk as of the date hereof, has not been modified, amended, altered or repealed in any way after its date of adoption, and is now in full force and effect. 8. The Note, as executed and delivered, is in substantially the form approved by the Governing Body in the Resolution. 9. The Issuer has authorized by all necessary action the adoption and due performance of the Resolution and the execution, delivery and due performance of the Note and, to the best of our knowledge, any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer to carry out, give effect to and consummate the transactions contemplated by the Resolution. 10. No litigation is pending or, to our knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Note or (ii) in any way contesting or affecting the validity of the Note or the Resolution or the application of the proceeds of the Note or the levy or collection or distribution of the ad valorem taxes pledged to repayment of the Note, or the pledge thereof as security for the Note, or (iii) contesting the power of the Issuer or its authority for the issuance of the Note or the adoption of the Resolution or the approval, execution, validity, or enforceability of any agreements, including the Escrow Deposit Agreement (as defined in the Resolution), with respect thereto or (iv) contesting the tax-exemptstatus of interest on the Note. 11. No litigation is pending or, to our knowledge, threatened, (i) against the Issuer or involving any of the property, assets or operations under the control of the Issuer which involves the possibility that a judgment or liability, not fully covered by insurance or adequate established reserves, may be entered or imposed against the Issuer or which may result in any material adverse change in the business, properties, assets or in the condition, financial or otherwise, of the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect upon the security provided for the Note pursuant to the Resolution. 12. No litigation is pending or, to our knowledge, threatened to contest the creation, organization, existence or corporate powers of the Issuer, or of the Governing Body, or the title to office of its present members, or the members at any time material to the issuance of the Note, or of any other officer of the Issuer. 13. The execution, delivery, receipt and due performance of the Note and the other agreements contemplated by the Resolution, under the circumstances contemplated thereby and the Issuer's compliance with the provisions thereof (i) to the best of our knowledge will not conflict with or constitute on the Issuer's part a material breach of or a default under any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order or (ii) will not conflict with or constitute on the Issuer's part a material breach of or a default under any agreement, indenture, bond, note, lease or other instrument to which the Issuer is subject or by which the Issuer is or may be bound, and to the best of our knowledge no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, nor will such execution, C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC -2- delivery, adoption, or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer except as provided by the Note and the Resolution. 14. Attached hereto as Exhibit A is a copy of the Note, in registered form, which specimen is identical in all respects to the Note this date delivered to the Original Purchaser (as defined in the Resolution). 15. To the best knowledge of the undersigned no members of the Governing Body have, while meeting together with any other member or members of the Governing Body other than at public meetings of the Governing Body, reached any conclusion as to the actions taken by the Governing Body with respect to the Note, the security therefor, or the application of the proceeds therefrom, or any other material matters with respect to the Note. 16. The undersigned do not, and to the best of their knowledge and belief no member of the Governing Body does, have or hold any employment or contractual relationship with any. business entity which is purchasing the Notes from the Issuer except as fully and fairly disclosed in compliance with the provisions of Section 112.3143, Florida Statutes. 17. The interest rate on the Note does not exceed the rate permitted by Section 215.84, Florida Statutes. 18. The Note bears a lower net average interest cost rate than the 1992 Bonds (as defined in-the Resolution) and the Issuer will realize present value debt service savingsas a result of the refunding of the 1992 Bonds, calculated in accordance with Section 132.35(2)(a), Florida Statutes. The principal amount of the Note does not exceed an amount sufficient to pay the sum of the principal amount of the 1992 Bonds outstanding on the date hereof, the aggregate of unmatured interest and premium payable on the 1992 Bonds to and including November 1, 2000, on which date the bonds will be discharged, and the costs and expenses incidental to the issuance of the Note, all in accordance with Section 132.35, Florida Statutes. The sum of the present value of the total payments of both principal and interest to become due on the Note is less than the present value of the principal and interest payments scheduled to have become due on the 1992 Bonds. C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC -3- IN WITNESS WHEREOF, we have hereunto set our hands and the official seal of the - Issuer, and have indicated our respective official titles, all as of the 15th day of September, 2000. Signature Official Title fr` • Mayor Gerald :roening City Manager Kurt Bressner City Clerk Suzanne Kruse (Official Seal) ApPOOVED A9 TO FORM: CM ATTORNEY C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC -4- MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive.-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850)681-3828 Direct Line: (561)822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 1, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 Re: City of Boynton Beach $5,200,000 Promissory Note Ladies and Gentlemen: Notice is hereby given of the impending issuance by City of Boynton Beach, Florida (the "Issuer") of the above-referenced Note (the "Note") in the estimated principal amount set forth above. The Issuer expects to deliver the Note on or about September 15, 2000. Sincerely, MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND &SHEEHAN, P.A. Mark E. Raymond MER/ams C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE RECEIPT FOR NOTE Bank of America, N.A. DOES HEREBY ACKNOWLEDGE receipt from City of Boynton Beach, Florida of the City's Promissory Note, dated September 15, 2000, in the aggregate principal amount of$ DATED the 15th day of September, 2000. BANK OF AMERICA, N.A. By: Its Authorized Representative • C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-91h Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850)681-3828 Direct Line: (561) 822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561) 625-6480 September 15, 2000 CERTIFIED MAIL Division of Bond Finance RETURN RECEIPT REQUESTED State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32323-3300 RE: City of Boynton Beach,.Florida $ Promissory Note Ladies and Gentlemen: Enclosed herewith please find Form BF-2003/2004-B for the above-referenced financing. No disclosure document was prepared for this financing. If you would like any further information in regard to this matter, please do not hesitate to call. • Very truly yours, Mark E. Raymond MER/ams C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC STATE OF FLORIDA DIVISION OF BOND FINANCE LOCAL BOND MONITORING SECTION This form represents an update and compilation of the BF2003, BF2004-A and BF2004-B forms. * Bond Information forms (BF2003) are required to be completed by local governments pursuant to Chapter 19A-1.003, Florida Administrative Code (F.A.C. ) . * Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated Sale) as required to be filed with the Division within 120 days of the delivery of the issue pursuant to Sections 218.38 (1) (b) 1 and 218.38 (1) (c) 1, Florida Statutes (F.S.) , respectively. * Final Official Statements, if prepared, are required to be submitted pursuant to Section 218.38 (1) , F.S. * Please complete all items applicable to the issuer as provided by the Florida Statutes. * PURSUANT TO SECTION 218.369, F.S. , ISSUERS OF BOND ANTICIPATION NOTES ARE EXEMPT FROM THESE FILING REQUIREMENTS. BF2003 BOND INFORMATION FORM PART I. ISSUER INFORMATION 1. NAME OF GOVERNMENTAL UNIT: City of Boynton Beach, Florida 2 . MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS MANAGER: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 3 . COUNTY(IES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Palm Beach 4. TYPE OF ISSUER: COUNTY X CITY AUTHORITY INDEPENDENT SPECIAL DISTRICT DEPENDENT SPECIAL DISTRICT SPECIFY OTHER PART II. BOND ISSUE INFORMATION 1. NAME OF BOND ISSUE: Promissory Note 2-. AMOUNT ISSUED: $ 3. AMOUNT AUTHORIZED: $ 4. DATED DATE: 9/15/00 5. SALE DATE: 9/15/00 6. DELIVERY DATE: 9/15/00 7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 166; Ch. 132 _ SPECIAL ACTS OTHER 8-. TYPE OF ISSUE: X GENERAL OBLIGATION SPECIAL ASSESSMENT SPECIAL OBLIGATION REVENUE COP(CERTIFICATE OF PARTICIPATION) LEASE-PURCHASE BANK LOAN/LINE OF CREDIT 9. A. IS THIS A PRIVATE ACTIVITY BOND (PAB) ? YES X NO C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? YES NO 2. IF YES, AMOUNT OF ALLOCATION: $ C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 10. SPECIFIC REVENUE(S) PLEDGED: (1) PRIMARY Ad Valorem Taxes (2) SECONDARY (3) OTHER(S) 11. A. PURPOSE(S) OF THE ISSUE: (1) PRIMARY Refunding (2) SECONDARY (3) OTHER(S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: (1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE (PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT REFUNDED. General Obligation Refunding Bonds, Series 1992; 1/1/92; 10, 075, 000; 5, 695, 000 (2) REFUNDED DEBT HAS BEEN: RETIRED OR X DEFEASED (3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? YES X NO B. IF YES, APPROXIMATELY WHAT PERCENT OF PROCEEDS IS NEW MONEY? 12 . TYPE OF SALE: COMPETITIVE BID NEGOTIATED X NEGOTIATED PRIVATE PLACEMENT 13. BASIS OF INTEREST RATE CALCULATION, I.E. , INTEREST RATE USED TO STRUCTURE THE BOND ISSUE: NET INTEREST COST RATE (NIC) % TRUE INTEREST COST RATE (TIC) % CANADIAN INTEREST COST RATE (CIC) % ARBITRAGE YIELD (ARBI) % SPECIFY OTHER: 14. INSURANCE/ENHANCEMENTS: AGIC AMBAC CGIC CLIC FGIC FSA HUD MBIA NGM LOC(LETTER OF CREDIT) SPECIFY OTHER X NOT INSURED 15. RATING(S) : MOODY'S S&P FITCH DUFF&PHELPS SPECIFY OTHER. X NOT RATED 16. DEBT SERVICE SCHEDULE: ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORMATION: MATURITY DATES (MO/DAY/YR) COUPON/INTEREST RATES ANNUAL INTEREST PAYMENTS ' PRINCIPAL (PAR VALUE) PAYMENTS MANDATORY TERM AMORTIZATION 17. LIST OR ATTACH OPTIONAL REDEMPTION PROVISIONS: May not be prepaid 18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE PURCHASER. Bank of America, N.A. 625 North Flagler Drive; 9th Floor West Palm Beach, FL 33401 C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 3 19. PROVIDE THE NAME(S) AND ADDRESS (ES) OF ANY ATTORNEY OR FINANCIAL CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE. NO BOND COUNSEL X NO FINANCIAL ADVISOR NO OTHER PROFESSIONALS BOND COUNSEL(S) : Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. 625 North Flagler Drive, 9th Floor West Palm Beach, FL 33401 FINANCIAL ADVISOR(S) /CONSULTANT(S) : OTHER PROFESSIONALS: James A. Cherof, Esq. City Attorney 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 20. PAYING AGENT X NO PAYING AGENT 21. REGISTRAR X NO REGISTRAR 22 . COMMENTS: None PART III. RESPONDENT INFORMATION FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT: Name and Title Mark E. Raymond, Bond Counsel Phone 561-822-0380 _Company Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. INFORMATION RELATING TO PARTY COMPLETING THIS FORM (If different from above) : Name and Title Phone Company Date Report Submitted 9/15/00 BF2004-A and BF2004-B Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL, BOND ISSUES EXCEPT THOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159 PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES. 23. ANY FEE, BONUS, OR GRATUITY PAID BY ANY UNDERWRITER OR FINANCIAL CONSULTANT, IN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGULARLY EMPLOYED OR ENGAGED BY SUCH UNDERWRITER OR CONSULTANT: X NO FEE, BONUS OR GRATUITY PAID BY UNDERWRITER OR FINANCIAL CONSULTANT (1) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (2) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC 4 24. ANY OTHER FEES PAID BY THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS: NO FEES PAID BY ISSUER (1) COMPANY NAME Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. FEE PAID: $10,000.00 SERVICE PROVIDED or FUNCTION SERVED: Bond Counsel (2) COMPANY NAME James A. Cherof, Esq. FEE PAID:$ 2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Issuer Counsel (3) COMPANY NAME Banc of America Securities LLC FEE PAID:$2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Analytical Services (4) COMPANY NAME Holland & Knight LLP FEE PAID: $2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Bank Counsel PLEASE PROVIDE THE SIGNATURE OF EITHER THE CHIEF EXECUTIVE OFFICER OF THE GOVERNING BODY OF THE UNIT OF LOCAL GOVERNMENT OR THE GOVERNMENTAL OFFICER PRIMARILY RESPONSIBLE FOR COORDINATING THE ISSUANCE OF THE BONDS: NAME (Typed/Printed:) : Diane Reese • SIGNATURE: TITLE: Finance Director DATE: 9/15/00 BF2004-B ITEMS 25 AND 26 MUST BE COMPLETED FOR ALL BONDS SOLD BY NEGOTIATED SALE 25. MANAGEMENT FEE CHARGED BY UNDERWRITER: $ PER THOUSAND PAR VALUE. OR PRIVATE PLACEMENT FEE: $ X NO MANAGEMENT FEE OR PRIVATE PLACEMENT FEE 26. UNDERWRITER'S EXPECTED GROSS SPREAD: $ PER THOUSAND PAR VALUE. X NO GROSS SPREAD PART IV. RETURN THIS FORM AND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED TO: Courier Deliveries: Mailing Address: Division of Bond Finance Division of Bond Finance State Board of Administration State Board of Administration 1801 Hermitage Blvd. , Suite 200 P.O. Drawer 13300 Tallahassee, FL 32308 Tallahassee, FL 32323-3300 Phone: 904/488-4782 FAX: 904/413-1315 REVISED Feb. 1998/bf0304/ C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 5 CERTIFICATE AS TO ARBITRAGE AND OTHER TAX MATTERS CITY OF BOYNTON BEACH, FLORIDA $ PROMISSORY NOTE The undersigned, Diane Reese, Finance Director of the City of Boynton Beach, Florida (the "Issuer") an officer of the Issuer responsible for the issuance of the above-referenced Note (the "Note") makes the following certification as to the Issuer's expectations in connection with the issuance of the Note for purposes of Section 148 of the Internal Revenue Code of 1986 (the "Code") and the Treasury Regulations promulgated thereunder. The Note is being issued on September 15, 2000. The Note is payable from ad valorem taxes levied by the Issuer. Except for such taxes, no amounts are directly or indirectly pledged to pay principal or interest on the Bond, nor are there any other revenues that will be available to pay principal or interest on the Note even if the Issuer encounters financial difficulties. Amounts that the Issuer reasonably expects to be used to pay debt service on the Note constitute a fund used primarily to achieve a proper matching of revenues with principal and interest payments on the Note in each year, and such amounts will be depleted at least once each year. Amounts that the Issuer expects to use to pay principal and interest on the Note may be invested without regard to any yield limitation. Proceeds received by the Issuer from the issuance of the Note will be used on the date hereof to pay costs of issuance of the Note and the balance of such proceeds, together with other monies of the Issuer available for such purpose, will be placed in an escrow fund, invested, and used to pay the principal of, premium and interest on the Issuer's General Obligation Refunding Bonds, Series 1992 (the "Refunded Bonds") on November 1, 2000, on which date all of such proceeds will be expended. Other than amounts to be used to pay the principal, premium and interest on the Refunded Bonds, there are no unspent proceeds of the Refunded Bonds. Amounts that are to be used to pay principal, premium and interest on the Refunded Bonds may be invested without regard to any yield limitation. All proceeds of the Note will be spent within six months after the date hereof and the Note is exempt from the arbitrage rebate provisions of Section 148 of the Code. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC Based upon the foregoing, it is not expected that the Note will be an "arbitrage bond" within the meaning of Section 148 of the Code and the Treasury Regulations promulgated thereunder. ( Dated this 15th day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA By: Diane Reese, Finance Director C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 2 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561)659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850)681-3828 Direct Line: (561) 822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 15, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Internal Revenue Service Center Ogden, Utah 84201 Re: $ City of Boynton Beach, Florida, Promissory Note Dear Sir/Madam: Enclosed please find Form 8038-G which relates to the above-referenced bond. Please acknowledge your receipt of the enclosed by stamping the copy of the form included herewith, and return the stamped copy to us in the enclosed envelope. MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. By: MER/ams Mark E. Raymond Enclosure C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC City of Boynton Beach, Florida Promissory Note DISCLOSURE STATEMENT OF BANK OF AMERICA, N.A. • September 15, 2000 City of Boynton Beach, Florida Boynton Beach, FL Moyle, Flanigan, Katz Kolins, Raymond & Sheehan, P.A. West Palm Beach, FL Ladies and Gentlemen: Pursuant to the provisions of Section 218.385, Florida Statutes, as amended, the undersigned (the "Original Purchaser") is providing the following information with respect to the arrangements made for the purchase of the above-referenced bond (the "Bond"). We represent to you as follows: (a) The nature and estimated amounts of expenses to be incurred by the Original Purchaser in connection with the issuance and sale of the Note is $-0-. (b) There were no "finders," as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Note. (c) No discount or fee is expected to be realized by the Original Purchaser. (d) No management fee will be charged by the Original Purchaser. (e) No fee, bonus or other compensation will be paid by the Original Purchaser in connection with the issuance of the Note to any person not regularly employed or retained by the Original Purchaser. (f) The name and address of the Original Purchaser is: Bank of America, N.A. 625 North Flagler Drive 10th Floor West Palm Beach, FL 33401 C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC (g) The Issuer is proposing to issue $ of debt for the purpose of refunding the Issuer's General Obligation Refunding Bonds, Series 1992. This debt is expected to be repaid over a period of approximately 10 years. At an interest rate of %, total interest paid over the life of the debt will be approximately $ . The source of repayment or security for the Note is ad valorem taxes of the Issuer levied specifically for such purpose. Authorizing this debt will result in no revenues of the Issuer not being available for other purposes of the Issuer. Very truly yours, BANK OF AMERICA, N.A. By: Authorized Officer C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 2 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561)659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850)681-3828 Direct Line: (561) 822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 15, 2000 City of Boynton Beach Boynton Beach, Florida Bank of America, N.A. West Palm Beach, Florida RE: City of Boynton Beach, Florida Promissory Note Ladies and Gentlemen: We have acted as bond counsel in connection with the_issuance and sale by the City of Boynton Beach, Florida (the "Issuer") of its $ aggregate principal amount Promissory Note (the "Note"). The Note is issued pursuant to the Constitution and Laws of the State of Florida, including particularly Article VIII, Section 2 and Article VII, Section 12 of the Florida Constitution, Chapters 166 and 132, Florida Statutes and Resolution No. R 00- adopted by the Issuer September 6, 2000 (the "Resolution"). All terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution. In rendering the opinions set forth herein, we have examined the Resolution and other certifications, agreements, documents and opinions of public officials and other officers and representatives of the various parties participating in this transaction. As to questions of fact material to our opinion we have relied upon representations of the Issuer contained in the Resolution, and upon other certifications, agreements, documents, and opinions of public officials and other officers and representatives of the various parties participating in this transaction, furnished to us, without undertaking to verify the same by independent investigation. As to our opinions set forth in paragraphs 1 and 2 below we have relied upon the opinion of James A. Cherof, Esq., City Attorney to the Issuer. We have assumed the genuineness of all signatures on all documents and instruments, the authenticity of documents submitted as originals and the conformity to originals of documents submitted as copies. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC City of Boynton Beach Bank of America, N.A. September 15, 2000 Page 2 The opinions set forth below are expressly limited to, and we opine only with respect to, the laws of the State of Florida and the federal income tax laws of the United States of America. Based upon and subject to the foregoing, we are of the opinion as of the date hereof and under existing law, as follows: 1. The Issuer is duly created and validly existing as a municipality pursuant to the Constitution and Laws of the State of Florida, with the power to adopt the Resolution, perform its obligations thereunder and to issue the Note. 2. The Resolution has been duly adopted by the Issuer and constitutes the valid and binding action of the Issuer. 3. The Note has been duly authorized and executed by the Issuer and constitutes a valid and binding obligation of the Issuer enforceable against the Issuer in accordance with its terms, and for which the full faith, credit and ad valorem taxing power of the Issuer are lawfully pledged. All taxable property within the geographic jurisdiction of the Issuer is subject to ad valorem taxation, without limitation as to rate or amount, in an amount sufficient to pay the Note. 4. The interest on the Note is excludable from the gross income of the Bondholders for federal income tax purposes and is not an item of tax preference described in Section 57 of the Internal Revenue Code of 1986 (as amended) (the "Code") for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest may be required to be taken into account in determining adjusted current earnings for purposes of calculating the alternative minimum taxable income of certain corporations. The opinions expressed in the first sentence of this paragraph are conditioned upon continuing compliance subsequent to the issuance of the Note by the Issuer with various covenants contained in the Resolution, including, without limitation, its covenant to comply with applicable requirements of the Code necessary in order to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Failure by the Issuer to comply with such requirements could cause the interest on the Bonds to be includable in gross income for federal income tax purposes retroactive to the date of issuance of the Bond. No opinion is expressed herein regarding other federal tax consequences that may arise due to ownership of the Bond. 5. The Note is exempt from all present intangible personal property taxes imposed by the State of Florida. 6. The Note is a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC City of Boynton Beach Bank of America, N.A. September 15, 2000 Page 3 7. Upon the deposit and investment of funds pursuant to and as described in the Escrow Deposit Agreement, the pledge of ad valorem taxes of the Issuer to the payment of the 1992 Bonds shall have been defeased and released as provided by the Resolution No. R 91-205 of the Issuer. Our opinions expressed herein are predicated upon present laws and interpretations thereof. We assume no affirmative obligation with respect to any change of circumstances or law (including laws that may result from legislation pending before Congress) that may adversely affect the tax-exempt status of interest on the Note after the date hereof. It is to be understood that the rights of owners of the Note and the enforceability of the Note and the Resolution may be subject to the provisions of the bankruptcy laws of the United States of America and to other applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting creditors' rights, and that their enforcement may also be subject to equitable principles that may affect remedies or other equitable relief. Very truly yours, C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC [TO BE TYPED ON CITY ATTORNEY LETTERHEAD] September 15, 2000 Bank of America, N.A. 625 North Flagler Drive 10th Floor West Palm Beach, Florida 33401 Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. West Palm Beach, Florida City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida Re: City of Boynton Beach, Florida, Promissory Note Ladies and Gentlemen: As City Attorney for the City of Boynton Beach, Florida, (the "City") we have participated in various proceedings in connection with the issuance by the City of its Promissory Note, dated September 15, 2000 and in the principal amount of $ (the "Note"). All terms not otherwise defined herein shall have the meanings ascribed thereto in Resolution No. R 00- adopted by the City Commission of the City on September 6, 2000 in connection with the Note (the "Resolution"). We are of the opinion that: (a) the City is a municipality of the State of Florida, duly organized and validity existing under the Constitution and laws of the State of Florida; (b) the City has full power and authority to adopt the Resolution, to issue the Note, to execute and the Escrow Deposit Agreement and to perform all obligations to the City thereunder; (c) the Resolution was lawfully adopted by the City and remains in full force and effect; and (d) the Note and the Escrow Deposit Agreement are valid and binding obligations of the City, enforceable against the City in accordance with their terms. Respectfully submitted, C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC JOSIAS, GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308 STEVEN L. JOSIAS TELEPHONE (954) 771-4500 MICHAEL D. CIRULLO, JR. SAMUEL S. GOREN FACSIMILE (954) 771-4923 JULIE F. KLAHR JAMES A. CHEROF PETER J. BOBER DONALD J. DOODY STACY B. WILLIAMS KERRY L. EZROL LINDSEY A. PAYNE September 15, 2000 Bank of America, N.A. 625 North Flagler Drive 10th Floor West Palm Beach, Florida 33401 Moyle, Flanigan, Katz, Raymond &Sheehan, P.A. West Palm Beach, Florida City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida Re: City of Boynton Beach, Florida, Promissory Note Ladies and Gentlemen: As City Attorney for the City of Boynton Beach, Florida, (the "City") we have participated in various proceedings in connection with the issuance by the City of Its Promissory Note, dated September 15, 2000 and in the principal amount of $4,986,434.06 (the "Note"). All terms not otherwise defined herein shall have the meanings ascribed thereto in Resolution No. R 00-124 adopted by the City Commission of the City on September 6, 2000 in connection with the Note (the "Resolution"). We are of the opinion that: (a) the City is a municipality of the State of Florida, duly organized and validity existing under the Constitution and laws of the State of Florida; (b) the City has full power and authority to adopt the Resolution, to issue the Note, to execute and the Escrow Deposit Agreement and to perform all obligations to the City thereunder; (c) the Resolution was lawfully adopted by the City and remains in full force and effect; and Bank of America, N.A. Moyle, Flanigan, Katz, Kolins, et al. City of Boynton Beach September 15, 2000 Page 2 (d) the Note and the Escrow Deposit Agreement are valid and binding obligations of the City, enforceable against the City in accordance with their terms. Respectfully submi ,d, JAM SA. CHEROF City Attorney H:\2000\000413\Opinion Letter on CA Ltrhd.doc MOYLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9`l'Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone:(561)659-7500 Facsimile:(561)659-1789 MARK E.RAYMOND Direct Line: (561) 822-0380 Tallahassee Office E-mail:mraymond@moylelaw.com (850)681-3828 September 15, 2000 City of Boynton Beach Boynton Beach, Florida Bank of America, N.A. West Palm Beach, Florida RE: City of Boynton Beach, Florida Promissory Note Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance and sale by the City of Boynton Beach, Florida(the "Issuer") of its$4,986,434.06 aggregate principal amount Promissory Note (the "Note"). The Note is issued pursuant to the Constitution and Laws of the State of Florida, including particularly Article VIII, Section 2 and Article VII, Section 12 of the Florida Constitution, Chapters 166 and 132, Florida Statutes and Resolution No. R 00-124 adopted by the Issuer September 6, 2000 (the "Resolution"). All terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution. In rendering the opinions set forth herein, we have examined the Resolution and other certifications, agreements, documents and opinions of public officials and other officers and representatives of the various parties participating in this transaction. As to questions of fact material to our opinion we have relied upon representations of the Issuer contained in the Resolution, and upon other certifications, agreements, documents, and opinions of public officials and other officers and representatives of the various parties participating in this transaction, furnished to us, without undertaking to verify the same by independent investigation. As to our opinions set forth in paragraphs 1 and 2 below we have relied upon the opinion of James A. Cherof, Esq., City Attorney to the Issuer. We have assumed the genuineness of all signatures on all documents and instruments, the authenticity of documents submitted as originals and the conformity to originals of documents submitted as copies. G:\02345\30\all closing docs(2).wpd City of Boynton Beach Bank of America, N.A. September 15, 2000 Page 2 The opinions set forth below are expressly limited to, and we opine only with respect to, the laws of the State of Florida and the federal income tax laws of the United States of America. Based upon and subject to the foregoing, we are of the opinion as of the date hereof and under existing law, as follows: 1. The Issuer is duly created and validly existing as a municipality pursuant to the Constitution and Laws of the State of Florida, with the power to adopt the Resolution, perform its obligations thereunder and to issue the Note. 2. The Resolution has been duly adopted by the Issuer and constitutes the valid and binding action of the Issuer. 3. The Note has been duly authorized and executed by the Issuer and constitutes a valid and binding obligation of the Issuer enforceable against the Issuer in accordance with its terms, and for which the full faith, credit and ad valorem taxing power of the Issuer are lawfully pledged. All taxable property within the geographic jurisdiction of the Issuer is subject to ad valorem taxation, without limitation as to rate or amount, in an amount sufficient to pay the Note. 4. The interest on the Note is excludable from the gross income of the Bondholders for federal income tax purposes and is not an item of tax preference described in Section 57 of the Internal Revenue Code of 1986 (as amended) (the "Code") for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest may be required to be taken into account in determining adjusted current earnings for purposes of calculating the alternative minimum taxable income of certain corporations. The opinions expressed in the first sentence of this paragraph are conditioned upon continuing compliance subsequent to the issuance of the Note by the Issuer with various covenants contained in the Resolution, including, without limitation, its covenant to comply with applicable requirements of the Code necessary in order to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Failure by the Issuer to comply with such requirements could cause the interest on the Bonds to be includable in gross income for federal income tax purposes retroactive to the date of issuance of the Bond. No opinion is expressed herein regarding other federal tax consequences that may arise due to ownership of the Bond. 5. The Note is exempt from all present intangible personal property taxes imposed by the State of Florida. 6. The Note is a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. G:\02345\30\all closing docs(2).wpd City of Boynton Beach Bank of America, N.A. September 15, 2000 Page 3 7. Upon the deposit and investment of funds pursuant to and as described in the Escrow Deposit Agreement, the pledge of ad valorem taxes of the Issuer to the payment of the 1992 Bonds shall have been defeased and released as provided by the Resolution No. R 91-205 of the Issuer. Our opinions expressed herein are predicated upon present laws and interpretations thereof. We assume no affirmative obligation with respect to any change of circumstances or law (including laws that may result from legislation pending before Congress) that may adversely affect the tax-exempt status of interest on the Note after the date hereof. It is to be understood that the rights of owners of the Note and the enforceability of the Note and the Resolution may be subject to the provisions of the bankruptcy laws of the United States of America and to other applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting creditors' rights, and that their enforcement may also be subject to equitable principles that may affect remedies or other equitable relief. Very truly yours, .-7)4/0(0, G:\02345\30\all closing docs(2).wpd SEP 08 '00 02:19PM MOYLE,FLANIGAN,,�ET, .AL & P�y P.1/2 ` ' • MOLE, FLANIGAN, KATZ, RAYMONDSHEEHAN, A. ATTORNEYS AT LAW 625 North Flagler Drive-9'"Floor West Palm Beach,Florida 3340]-4025 P,O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone:(561)659-7500 Facsimile:(561)659-1789 MARK E,RAYMOND - Direct Line: (561)8220380 ► Tallahassee Office E-mail:mraymond(aimoylelaw•.com (850)681-3823 FAX TRANSMISSION COVER SKEET NAME FAX NUMBER S1 ten€ Kra 5-75 - 09 0 MESSAGE: Scrrdcr: Mark Raymond Direct Line: (551) 822-0380 Fax Number: (561) 659-1789 Date: File Name and Number: 0 " 3 4 C-„ Total Number of Pages (Including Cover Page): Ci;1USERYAK .1O DM1FAX COvp.RSHEET,:pi SEP 08 '00 022P MOYLE,FLANIGAN,ET.AL P.2/2 MOYLE,FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401.4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 • Telephone:(561)659-7500 Facsimile:(561)659-1789 MARI.E'.RAiriorw Direct Line: (561)122-0380 Tallahassee Office E-mail:mraymond@moylelaw.com (850)681-3828 September 8, 2000 Joyce Costello Office of the City Manager City of Boynton Beach, Florida 100 East Boynton Beach Boulevard • Boynton Beach, Florida 33435 Re: General Obligation Bonds Refunding Dear Joyce; Enclosed please find three separate sets of documents for the refinancing. In each place where a signature of the Mayor is required. I have placed a purple colored tag flag, in each place where a signature of the Finance Director is required I have a placed a blue colored tag flag, in each place where a signature of the City Manager is required I have placed a red colored tag flag and finally, in each place where a signature of the Clerk is required, I have placed a yellow/green colored tag flag. Please have all of the documents signed by the appropriate individuals where indicated. I have sent Sue Kruse execution copies of the Resolution under separate cover. When Stye comes to sign her closing documents, she should place one copy of each Resolution in each set of documents under tab no. 1. The opinion of the City Attorney is in the Office of the City Attorney, according to Jim's secretary, Lynn. Could you please contact Rosemarie or Jim and gct the opinions and place one copy of his opinion in each of the folders under tab 11. Once everything has been signed. please keep the folder that is labeled "City" and return the other two to me for my receipt on or before Thursday, the 14th. I suggest that the original set labeled "City" be given to Sue for the City's permanent file. GA023.15\3M94.00costAiLwil SEP 02 '00 02:19PM MOYLE,F"LANIr;AN,ET.AL P.3/3 September S, 2000 Page 2 National Bank. The Bank is in Miami and I have sent signature pages to them. Once I receive their signature pages back, I will send one original to Sue for inclusion in the original documents. Also, once I receive my sets back, I will make photocopy sets for distribution to the various parties. Please call if you have any questions. Very truly yours, iYlar2 E. Raymond MER/ams Encs. ec: Sense'ruse(w/out enc,) Diane Reese (ver/out enc.) James Cherof(w/out enc.) G:t03345130W-8 '1 cosallo.wpd XI-LEGAL ITEM C.1 • 0i ..°ti CITY OF BOYNTON BEACH `` ` - to a AGENDA.ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ July 18,2000 July 6,2000 (5:00 p.m.) ❑ September 19,2000 September 7,2000(5:00 p.m.) El August 1,2000 July 19,2000 (5:00 p.m.) El October 4,2000 September 20,2000(5:00 p.m.) El August 15,2000 August 2,2000 (5:00 p.m.) El October 17,2000 October 5,2000(5:00 p.m.) ® September 6,2000 August 16,2000 (5:00 p.m.) ❑ November 8,2000 October.18,2000(5:00 p.m.) . El . Administrative El Development Plans NATURE OF El Consent Agenda El New Business AGENDA ITEM • ❑ Public Hearing ® Legal El Bids El Unfinished Business ❑ Announcement El Presentation RECOMMENDATION: Adopt Resolution authorizingthe issuance of a Note of the City in the principal amount of - not exceeding$5,200,000 to refinance the city's General Obligation Refunding Bonds,Series 1992. EXPLANATION: Bank of America,N.A.has submitted a proposal to the City to refinance the 1992 General Obligation Bonds maturing on and after November 1,2001 at a savings of approximately$160,000.in future interest payments. PROGRAM IMPACT: N/A • FISCAL IMPACT: During fiscal year 2000/2001 the City will realize a savings of approximately$160,000. Interest rates on outstanding bonds range from 5.55%to 6.25%. The actual interest rate on the Note will not be determined until September 6th however the interest rate presently is 5.1% • ALTERNATIVES: Not refinance and continue making scheduled bond pay ents. • Department Head's Signature City Manager's Signature • Finance Department Name City Attorney/Finance/Human Resources • • S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone:(561)659-7500 Facsimile: (561)659-1789 MARK E.RAYMOND Direct Line: (561) 822-0380 Tallahassee Office E-mail:mraymond@moylelaw.com (850)681-3828 August 16, 2000 To Parties on the Distribution List Re: Bank of America,N.A. Loan to City of Boynton Beach, Florida Ladies and Gentlemen: As most, perhaps all, of you know, it has been determined that the City's 1992 General Obligation Bonds can be refinanced at a significant savings to the City. Because the 1992 bonds are payable from ad valorem taxes, and because the millage rate for FY 2000-01 will be established by the City on September 19, 2000,the refinancing needs to be completed before September 19, 2000 so that Diane can reduce the debt service millage for the coming fiscal year. Accordingly,based upon discussions I have had with Diane,the current plan calls for the City Commission to consider adopting a resolution authoring the transaction at its meeting on September 5,2000. Assuming that the resolution is adopted,closing will occur on September 15,2000. Under this scenario a promissory note will be issued by the City to Bank of America,N.A. Proceeds from the sale of the Note, together with other funds of the City(discussed below) will be placed in an account with an escrow agent,First Union National Bank,and use to pay the principal,premium and interest on the 1992 bonds on November 1, 2000, on which date the 1992 bonds will be discharged. The City has already collected ad valorem taxes to be used to pay the regularly scheduled payment of principal and interest due on the 1992 bonds on November 1,2000 and that money, along with the proceeds of the Note,will be used to pay the regularly scheduled 1992 Bond payment due on November 1,2000 plus the redemption price of all of the Bonds maturing after 2000 which will be called on November 1, 2000 as a result of this transaction. As with the 1992 Bonds the promissory note will be a general obligation of the City payable from ad valorem taxes. In order to provide the City with the highest possible reduction in millage for the coming fiscal year,the new note will be structured so that the payments in years 2002 through 2009(the final maturity date of the Note)will be exactly the same as the payments that would have been on the 1992 bonds in those years. However, the payments due on the Note in 2001 will be substantially less than the payments that would have been made on the 1992 bonds in 2001. G:\02345\30\8-16-00 dist Iet.wpd August 16, 2000 ' Page 2 Preliminary indications are that debt service during 2001 will be approximately$160,000 less than what it would have been. However,we will not be able to "lock in" an interest rate until September 5, 2000. On September 5, the Bank will lock-in an interest rate so that at the City Commission meeting the Commission can be provided with definite savings figures. Would everyone please look over the attached materials and provide me with any questions or comments at your earliest convenience. I will be preparing miscellaneous closing documents in the near future. Very truly yours, Mark E. Raymond MER/ams G:\02345\30\8-16-00 dist Iet.wpd • RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,AUTHORIZING THE ISSUANCE OF A NOTE OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,200,000.00 TO REFINANCE THE CITY'S GENERAL OBLIGATION REFUNDING BONDS, SERIES 1992; PROVIDING THAT SUCH NOTE SHALL BE A GENERAL OBLIGATION OF THE CITY PAYABLE FROM AD VALOREM TAXES LEVIED BY THE CITY ON THE TAXABLE PROPERTY WITHIN THE CITY; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN ESCROW DEPOSIT AGREEMENT; PROVIDING FOR THE RIGHTS, SECURITIES, AND REMEDIES FOR THE OWNER OF SUCH NOTE; PROVIDING FOR THE CREATION OF CERTAIN FUNDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Whereas, pursuant to the authority of Resolution No. R91-205 adopted by the City Commission (the "City Commission") of the City of Boynton Beach, Florida (the "City") on December 3, 1991,the City issued its General Obligation Refunding Bonds, Series 1992 (the "1992 Bonds"); and WHEREAS, as of this date $5,695,000 in aggregate principal amount of the 1992 Bonds remain outstanding; and WHEREAS,the City has received a proposal from Bank of America, N.A. to refinance the 1992 Bonds maturing on and after November 1,2001 at a lower interest rate resulting in substantial interest savings to the City, currently estimated at approximately$162,000; and WHEREAS, the City has determined to proceed with the issuance of a promissory note in the principal amount of not exceeding $5,200,000 to provide funds, together with other funds available for such purpose, to refinance the 1992 Bonds. NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Charter of the City, the Constitution of the State of Florida, including, but not limited to, Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions of law. Section 2. Definitions. The following words and phrases shall have the following meanings when used herein: "Act"means the Charter of the City, the Constitution of the State of Florida, including,but not limited to,Article VIII, Section 2 and Article VII, Section 12 thereof, Chapter 166 and Sections 132.33-132.47, Florida Statutes and other applicable provisions of law. "Business Day" means any day except any Saturday or Sunday or day ori which the Principal Office of the Original Purchaser is closed. "Clerk" means the Clerk of the City or any duly authorized deputy thereof. "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations,whether temporary, proposed or final,promulgated thereunder or applicable thereto. "Mayor" means the Mayor or Vice-Mayor of the City. "Note" means the Note of the City authorized by Section 4 hereof. "Original Purchaser" means Bank of America,N.A. "Owner"means the Person or Persons in whose name or names the Note shall be registered on the books of the City kept for that purpose in accordance with provisions of this Resolution. "Person"means natural persons,firms,trusts,estates,associations,corporations,partnerships and public bodies. "Principal Office" means, with respect to the Original Purchaser, the office located at 625 North Flagler Drive, 10th Floor, West Palm Beach, Florida 33401, or such other office as the. Original Purchaser may designate to the City in writing. "Resolution" means this Resolution,pursuant to which the Note is authorized to be issued. "State" means the State of Florida. Section 3. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Note authorized to be issued hereunder by those who shall be the Owners thereof from time to time, this Resolution shall constitute a contract between the City and the Owners. Section 4. Authorization of Note. Subject and pursuant to the provisions of this Resolution, an obligation of the City is hereby authorized to be issued under and secured by this Resolution, in the principal amount of not exceeding$5,200,000, for the purpose of providing funds,together with other funds of the City available for such purpose, to refund the 1992 Bonds and to pay costs of issuance of the Note. The principal amount of the Note shall not exceed the amount necessary to provide funds, together with other funds available for such purpose, to provide for the payment of the principal of,premium,and interest on the 1992 Bonds becoming due on November 1,2000 either as a regularly scheduled payment of principal and interest or pursuant to the redemption hereinafter described. . 2 Because of the characteristics of the Note, prevailing market conditions, and additional savings to be realized from an expeditious sale of the Note, it is in the best interest of the City to negotiate with the Original Purchaser to purchase the Note at a private negotiated sale. Prior to the issuance of the Note the City shall receive from the Original Purchaser a disclosure statement containing the information required by Section 218.385,Florida Statutes. Section 5. Description of Note. The Note shall be dated the date of its execution and delivery,which shall be September 15,2000,or such other date as may be agreed upon by the Mayor and Original Purchaser, shall bear interest at the rate of %per annum, computed on the basis of a 360-day year consisting of twelve 30-day months, and shall mature November 1, 2009. Payments of principal and interest on the Note shall be payable on each May 1 and November 1, commencing May 1, 2001, and the Note shall mature on November 1, 2009. The principal amortization of the Note shall be such that the payments of principal and interest during each calendar year after 2001 shall be as nearly equal as practicable to the payments that would have been made on the 1992 Bonds during such years, and so that the payments on the Note during the year 2001 shall be as low as possible. The Note shall have such other terms and provisions and shall be in the form of the Note attached hereto as Exhibit A. The Note shall be executed on behalf of the City with the manual signature of the Mayor, and shall have impressed thereon the official seal of the City, and be attested with the manual signature of the Clerk, and the said Mayor and Clerk are • hereby authorized to execute and attest to the Note on behalf of the City. Section 6. Registration and Exchange of Note: Persons Treated as Owners. The Note shall be initially registered to the Original Purchaser. In the event of a transfer of the Note, then thereafter so long as the Note shall remain unpaid,the City will keep books for the registration and transfer of the Note. The Note shall then be transferable only upon such registration books. The City will transfer the registration of the Note upon written request of the Owner specifying the name, address and taxpayer identification number of the transferee. The Person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Note shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid. Section 7. Payment of Principal and Interest: General Obligation. The City promises that it will promptly pay the principal of and interest on the Note at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The full faith, credit and taxing power of the City are hereby irrevocably pledged to the payment of the principal of and interest on the Note. While the Note is outstanding, there shall be assessed, levied and collected an ad valorem tax on all taxable property within the corporate limits of the City(excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on the Note as the same shall become due and payable. The tax assessed, levied and collected for the payment of the Note shall be assessed, levied and collected in the same manner and at the same time as other ad valorem taxes of the.City and the proceeds of said tax shall be applied solely to the payment of the principal of and interest on the Note. The City will diligently enforce its right to receive tax revenues and will diligently enforce and collect such taxes. The City will not take any 3 action that will impair or adversely affect its rights to levy, collect and receive said taxes, or impair or adversely affect in any manner the pledge made herein or the rights of the Owners of the Note. Section 8. Compliance with Tax Requirements. The City hereby covenants and agrees, for the benefit of the Owners from time to time of the Note,to comply with the requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter'1 of the Code to the extent necessary to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Specifically,without intending to limit in any way the generality of the foregoing,the City covenants and agrees: (1) to refrain from using proceeds of the Note in a manner that would cause the Note to be classified as a private activity bond under Section 141(a) of the Code; and (2) to refrain from taking any action or omitting to take any action if such action or omission would cause the Note to become an arbitrage bond under Section 103(b) and Section 148 of the Code. The City understands that the foregoing covenants impose continuing obligations on the City to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of the Code so.long as such requirements are applicable. Section 9. Application of Note Proceeds. Proceeds of the Note shall be applied to the refunding of the 1992 Bonds and to the payment of costs of issuance of the Note pursuant to the written direction of the Finance Director. Section 10. Refunded Bonds. The City has determined that it is in the best interests of the City to provide for the refunding of the 1992 Bonds. The City hereby irrevocably elects, effective upon and only upon the issuance of the Note,that the 1992 Bonds maturing on and after November 1, 2001, shall be called for redemption on November 1, 2000. Section 11. Escrow Deposit Agreement. The City hereby appoints First Union National Bank (the "Escrow Agent") as'the Escrow Agent with respect to the 1992 Bonds. The form of Escrow Deposit Agreement (the "Escrow Agreement") attached hereto as Exhibit B is hereby approved and the Mayor is hereby authorized and directed for and in the name of the City to execute, and the City Clerk is hereby authorized and directed to attest to and apply the seal of the City to the Escrow Agreement,with such changes, alterations or corrections thereto as shall be approved by the officials executing the same, such execution to constitute conclusive evidence of such approval. Section 12. Amendment. This Resolution shall not be modified or amended in any respect subsequent to the issuance of the Note without the written consent of the Owner. Section 13. Limitation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Note is intended or shall be construed to give to.any Person other than the City and the Owner any legal or equitable right,remedy or claim under or with respect to this Resolution or any covenants,conditions 4 and provisions herein contained;this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City and the Owner. Section 14. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact,be illegal, inoperative or unenforceable in any context,the same shall not affect any other provision herein or render any other provision(or such provision in any other context)invalid, inoperative or unenforceable to any extent whatever. Section 15. Business Days. In any case where the due date of interest on or principal of the Note is not a Business Day, then payment-of principal or interest need not be made on such date but may be made on the next succeeding Business Day,provided that credit for payments made shall not be given until the payment is actually received by the Owner. Section 16. Applicable Provisions of Law. This Resolution shall be governed by and construed in accordance with the laws of the State. Section 17. Rules of Interpretation. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. Section 18. Captions. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. Section 19. Officers and Employees of the City Exempt from Personal Liability. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Note or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the City Commission of the City, or any officer, agent or employee, as such, of the City_past, present or future,it being expressly understood(a)that the obligation of the City under this Resolution is solely a corporate one, (b)that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members of the City Commission of the City, or the officers, agents, or employees, as such, of the City, or any of them, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and(c)that any and all such personal liability of every such member of the City Commission of the City, and every officer, agent, or employee, as such, of the Cityunderor by reason of the obligations,covenants or agreements contained in this Resolution, or implied therefrom, are waived and released as a condition of, and as a consideration for, the execution of this Resolution and the issuance of the Note on the part of the City. Section 20. Authorizations. The Mayor, the Clerk, and any other member of the City Commission of the City, and such other officials and employees of the City as may be designated by the Mayor are each designated as agents of the City in connection with the issuance and delivery of the Note and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, certificates and contracts on behalf of the City that 5 • are necessary or desirable in connection with the execution and delivery of the Note, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Section 21. Note Mutilated, Destroyed, Stolen or Lost. In case the Note shall become mutilated, or be destroyed, stolen or lost, the City shall issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost,in exchange and in substitution for such mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the Owner furnishing the City proof of ownership thereof and indemnity reasonably satisfactory to the City and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. The Note so surrendered shall be cancelled. Section 22. Impairment of Contract. The City covenants with the Owner of the Notethat it will not, without the written consent of the Owner of the Note, adopt or enact any resolution or ordinance which repeals, impairs or amends in any manner adverse to the Owner the rights granted to the Owner of the Note hereunder. Section 23. Budget and Financial Information. The City shall provide the Owner of the Note with(a) a copy of its annual operating budget for each fiscal year ending after September 30, 2000 promptly after the same is adopted and(b)its audited financial statements for each fiscal year ending after September 30, 1999 within 270 days after the end thereof until the Note is satisfied. The City hereby covenants that it shall promptly give written notice to the Owner of the Note of the commencement of any litigationor proceeding which if determined adversely to the City could adversely affect the security forthe payment of the Note. Section 24. Remedies of Noteholder. Should the City default in any obligation created by this Resolution or the Note,the Owner of the Note may, in addition to any other remedies set forth in this Resolution or the Note, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction,protect and enforce any and all rights under the laws of the State of Florida,or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution or by any applicable statutes to be performed by the City or by any officer thereof Section 25. Qualified Tax-Exempt Obligation. The reasonably anticipated amount of tax- exempt obligations which will be issued by the City during 2000 does not exceed $10,000,000. There are no entities that are subordinate to the City or that issueobligations on behalf of the City. The City hereby designates the Note as a"qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. Section 26. Repealer. All resolutions or parts thereof in conflict herewith are hereby repealed. 6 Section 27. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED THIS 6TH DAY OF SEPTEMBER, 2000. CITY OF BOYNTON BEACH, FLORIDA By: Its Mayor (SEAL) Attest: Its Vice-Mayor Suzanne M. Kruse, City Clerk Commissioner Commissioner Commissioner 7 TRANSCRIPT OF PROCEEDINGS CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE DATED SEPTEMBER 15, 2000 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. BOND COUNSEL C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC TIME AND PLACE OF CLOSING The closing was held on September 15, 2000 (the "Closing Date"). Although certain of the below-described Closing Documents were executed and/or filed in advance of the Closing Date, no Closing Document was deemed to have been delivered until all Closing Documents were delivered. LIST OF CLOSING DOCUMENTS 1. Certified copy of Resolution No. R 00- adopted by the City Commission. 2. Escrow Deposit Agreement. 3. Notice of Sale sent to Division of Bond Finance. 4. General Certificate of the Issuer. 5. Written Direction of Finance Director. 6. Receipt for Note. 7. State of Florida Division of Bond Finance Forms BF-2003/2004-B and Letter of Transmittal. 8. Certificate as to Arbitrage and Other Tax Matters. 9. Form 8038-G and Transmittal Letter. 10. Disclosure Statement of Bank. 11. Opinion of City Attorney. 12. Opinion of Bond Counsel. Transcripts. Eight (8) complete transcripts are to be prepared for distribution as follows: 2- City of Boynton Beach, Florida 2 - Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. 1 - Holland & Knight LLP 2 - Bank of America, N.A. 1 - Josias, Goren, Cherof, Doody & Ezrol, P.A. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC CERTIFICATE OF TRUE COPY • I, the undersigned City Clerk of the City of Boynton Beach, Florida, DO HEREBY CERTIFY that attached hereto is a true and correct copy of Resolution No. R 00- duly adopted September 6, 2000 and that such resolution remains in force on the date hereof and has not been amended or supplemented. IN WITNESS WHEREOF, I have hereunto set my hand as of the 15th day September, 2000. By: City Clerk C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE GENERAL CERTIFICATE OF THE ISSUER We, the undersigned Mayor (the "Mayor"), City Manager ("City Manager") and Clerk (the "Clerk") of the City of Boynton Beach, Florida (the "Issuer"), DO HEREBY CERTIFY as follows: 1. We are the qualified and acting Mayor, City Manager and Clerk of the Issuer. 2. The following is a correct listing of the names of the members of the City Commission (the "Governing Body") of the Issuer, and the dates of expiration of their respective terms of office: Expiration Name of Term (March) Gerald Broening, Mayor 2001 Ronald Weiland, Vice-Mayor 2001 William A. Sherman, Mayor pro tem 2001 Bruce Black 2002 Charlie Fisher 2002 3. All of the above members of the Governing Body have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 4. James A. Cherof, Esq. is the duly appointed Attorney for the Issuer and accordingly is entitled to sign opinions and other documents pertaining to the Governing Body, the Issuer, and the Issuer's $ Promissory Note, dated September 15, 2000 (the "Note"). The law firm of Moyle, Flanigan, Katz, Kolins, Raymond& Sheehan, P.A., is bond counsel for the Issuer, and accordingly is entitled to sign opinions and other documents as bond counsel. 5. The Mayor has signed the Note by his manual signature, and the manual signature appearing on the Note and the manual signature at the end of this certificate are each the true and lawful signature of the Mayor. 6. The seal of the Issuer was impressed upon the Note, and attested by the manual signature of the Clerk. Such seal and signature appearing on the Note and the manual signature of the Clerk and the impression of the seal of the Issuer at the end of this certificate constitute the true and lawful seal of the Issuer and the signature of the Clerk, respectively. C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC 7. Resolution No. R 00- (hereinafter referred to as the "Resolutions"), as certified by the Clerk as of the date hereof, has not been modified, amended, altered or repealed in any way after its date of adoption, and is now in full force and effect. 8. The Note, as executed and delivered, is in substantially the form approved by the Governing Body in the Resolution. 9. The Issuer has authorized by all necessary action the adoption and due performance of the Resolution and the execution, delivery and due performance of the Note and, to the best of our knowledge, any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer to carry out, give effect to and consummate the transactions contemplated by the Resolution. 10. No litigation is pending or, to our knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the Note or (ii) in any way contesting or affecting the validity of the Note or the Resolution or the application of the proceeds of the Note or the levy or collection or distribution of the ad valorem taxes pledged to repayment of the Note, or the pledge thereof as security for the Note, or (iii) contesting the power of the Issuer or its authority for the issuance of the Note or the adoption of the Resolution or the approval, execution, validity, or enforceability of any agreements, including the Escrow Deposit Agreement (as defined in the Resolution), with respect thereto or (iv) contesting the tax-exempt status of interest on the Note. 11. No litigation is pending or, to our knowledge, threatened, (i) against the Issuer or involving any of the property, assets or operations under the control of the Issuer which involves the possibility that a judgment or liability, not fully covered by insurance or adequate established reserves, may be entered or imposed against the Issuer or which may result in any material adverse change in the business, properties, assets or in the condition, financial or otherwise, of the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect upon the security provided for the Note pursuant to the Resolution. 12. No litigation is pending or, to our knowledge, threatened to contest the creation, organization, existence or corporate powers of the Issuer, or of the Governing Body, or the title to office of its present members, or the members at any time material to the issuance of the Note, or of any other officer of the Issuer. 13. The execution, delivery, receipt and due performance of the Note and the other agreements contemplated by the Resolution, under the circumstances contemplated thereby and the Issuer's compliance with the provisions thereof (i) to the best of our knowledge will not conflict with or constitute on the Issuer's part a material breach of or a default under any existing State of Florida constitutional provision, law, court or administrative regulation, decree or order or (ii) will not conflict with or constitute on the Issuer's part a material breach of or a default under any agreement, indenture, bond, note, lease or other instrument to which the Issuer is subject or by which the Issuer is or may be bound, and to the best of our knowledge no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, nor will such execution, C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC -2- delivery, adoption, or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer except as provided by the Note and the Resolution. 14. Attached hereto as Exhibit A is a copy of the Note, in registered form, which specimen is identical in all respects to the Note this date delivered to the Original Purchaser (as defined in the Resolution). 15. To the best knowledge of the undersigned no members of the Governing Body have, while meeting together with any other member or members of the Governing Body other than at public meetings of the Governing Body, reached any conclusion as to the actions taken by the Governing Body with respect to the Note, the security therefor, or the application of the proceeds therefrom, or any other material matters with respect to the Note. 16. The undersigned do not, and to the best of their knowledge and belief no member of the Governing Body does, have or hold any employment or contractual relationship with any business entity which is purchasing the Notes from the Issuer except as fully and fairly disclosed in compliance with the provisions of Section 112.3143, Florida Statutes. 17. The interest rate on the Note does not exceed the rate permitted by Section 215.84, Florida Statutes. 18. The Note bears a lower net average interest cost rate than the 1992 Bonds (as defined in the Resolution) and the Issuer will realize present value debt service savings as a result of the refunding of the 1992 Bonds, calculated in accordance with Section 132.35(2)(a), Florida Statutes. The principal amount of the Note does not exceed an amount sufficient to pay the sum of the principal amount of the 1992 Bonds outstanding on the date hereof, the aggregate of unmatured interest and premium payable on the 1992 Bonds to and including November 1, 2000, on which date the bonds will be discharged, and the costs and expenses incidental to the issuance of the Note, all in accordance with Section 132.35, Florida Statutes. The sum of the present value of the total payments of both principal and interest to become due on the Note is less than the present value of the principal and interest payments scheduled to have become due on the 1992 Bonds. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC -3- IN WITNESS WHEREOF, we have hereunto set our hands and the official seal of the Issuer, and have indicated our respective official titles, all as of the 15th day of September, 2000. Signature Official Title Mayor Gerald Broening City Manager Kurt Bressner City Clerk Suzanne Kruse (Official Seal) C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC -4- MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850) 681-3828 Direct Line: (561) 822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 1, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Division of Bond Finance State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32317-3300 Re: City of Boynton Beach $5,200,000 Promissory Note Ladies and Gentlemen: Notice is hereby given of the impending issuance by City of Boynton Beach, Florida (the "Issuer") of the above-referenced Note (the "Note") in the estimated principal amount set forth above. The Issuer expects to deliver the Note on or about September 15, 2000. Sincerely, MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. Mark E. Raymond MER/ams C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC CITY OF BOYNTON BEACH, FLORIDA PROMISSORY NOTE RECEIPT FOR NOTE Bank of America, N.A. DOES HEREBY ACKNOWLEDGE receipt from City of Boynton Beach, Florida of the City's Promissory Note, dated September 15, 2000, in the aggregate principal amount of$ DATED the 15th day of September, 2000. BANK OF AMERICA, N.A. By: Its Authorized Representative C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 • Telephone: (561)659-7500 Facsimile: (561) 659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850) 681-3828 Direct Line: (561) 822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 15, 2000 CERTIFIED MAIL Division of Bond Finance RETURN RECEIPT REQUESTED State Board of Administration P.O. Drawer 13300 Tallahassee, Florida 32323-3300 RE: City of Boynton Beach, Florida $ Promissory Note Ladies and Gentlemen: Enclosed herewith please find Form BF-2003/2004-B for the above-referenced financing. No disclosure document was prepared for this financing. If you would like any further information in regard to this matter, please do not hesitate to call. Very truly yours, Mark E. Raymond MER/ams C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC STATE OF FLORIDA DIVISION OF BOND FINANCE LOCAL BOND MONITORING SECTION This form represents an update and compilation of the BF2003, BF2004-A and BF2004-B forms. * Bond Information forms (BF2003) are required to be completed by local governments pursuant to Chapter 19A-1.003, Florida Administrative Code (F.A.C. ) . * Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated Sale) as required to be filed with the Division within 120 days of the delivery of the issue pursuant to Sections 218.38 (1) (b) 1 and 218.38 (1) (c) 1, Florida Statutes (F.S. ) , respectively. * Final Official Statements, if prepared, are required to be submitted pursuant to Section 218.38 (1) , F.S. * Please complete all items applicable to the issuer as provided by the Florida Statutes. * PURSUANT TO SECTION 218.369, F.S. , ISSUERS OF BOND ANTICIPATION NOTES ARE EXEMPT FROM THESE FILING REQUIREMENTS. BF2003 BOND INFORMATION FORM PART I. ISSUER INFORMATION 1. NAME OF GOVERNMENTAL UNIT: City of Boynton Beach, Florida 2 . MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS MANAGER: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 3 . COUNTY(IES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Palm Beach 4. TYPE OF ISSUER: COUNTY X CITY AUTHORITY INDEPENDENT SPECIAL DISTRICT DEPENDENT SPECIAL DISTRICT SPECIFY OTHER PART II. BOND ISSUE INFORMATION 1. NAME OF BOND ISSUE: Promissory Note 2 . AMOUNT ISSUED: $ 3 . AMOUNT AUTHORIZED: $ 4 . DATED DATE: 9/15/00 5 . SALE DATE: 9/15/00 6. DELIVERY DATE: 9/15/00 7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 166; Ch. 132 SPECIAL ACTS OTHER 8. TYPE OF ISSUE: X GENERAL OBLIGATION SPECIAL ASSESSMENT SPECIAL OBLIGATION REVENUE COP(CERTIFICATE OF PARTICIPATION) LEASE-PURCHASE BANK LOAN/LINE OF CREDIT 9. A. IS THIS A PRIVATE ACTIVITY BOND (PAB) ? YES X NO C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? YES NO 2 . IF YES, AMOUNT OF ALLOCATION: $ C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC 10. SPECIFIC REVENUE(S) PLEDGED: (1) PRIMARY Ad Valorem Taxes (2) SECONDARY (3) OTHER(S) 11. A. PURPOSE(S) OF THE ISSUE: (1) PRIMARY Refunding (2) SECONDARY (3) OTHER(S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: (1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE (PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT REFUNDED. General Obligation Refunding Bonds, Series 1992; 1/1/92; 10, 075, 000; 5,695, 000 (2) REFUNDED DEBT HAS BEEN: RETIRED OR X DEFEASED (3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? YES X NO B. IF YES, APPROXIMATELY WHAT PERCENT OF PROCEEDS IS NEW MONEY? % 12 . TYPE OF SALE: COMPETITIVE BID NEGOTIATED X NEGOTIATED PRIVATE PLACEMENT 13. BASIS OF INTEREST RATE CALCULATION, I.E. , INTEREST RATE USED TO STRUCTURE THE BOND ISSUE: NET INTEREST COST RATE (NIC) % TRUE INTEREST COST RATE (TIC) CANADIAN INTEREST COST RATE (CIC) % ARBITRAGE YIELD (ARBI) o SPECIFY OTHER: 14. INSURANCE/ENHANCEMENTS: _AGIC AMBAC _CGIC CLIC FGIC _FSA HUD MBIA _NGM _LOC(LETTER OF CREDIT) SPECIFY OTHER X NOT INSURED 15. RATING(S) : MOODY'S S&P FITCH DUFF&PHELPS SPECIFY OTHER X NOT RATED 16. DEBT SERVICE SCHEDULE: ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORMATION: MATURITY DATES (MO/DAY/YR) COUPON/INTEREST RATES ANNUAL INTEREST PAYMENTS PRINCIPAL (PAR VALUE) PAYMENTS MANDATORY TERM AMORTIZATION 17. LIST OR ATTACH OPTIONAL REDEMPTION PROVISIONS: _May not be prepaid 18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE PURCHASER. Bank of America, N.A. 625 North Flagler Drive; 9th Floor West Palm Beach, FL 33401 C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 3 19. PROVIDE THE NAME(S) AND ADDRESS (ES) OF ANY ATTORNEY OR FINANCIAL CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE. NO BOND COUNSEL X NO FINANCIAL ADVISOR NO OTHER PROFESSIONALS BOND COUNSEL(S) : Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. 625 North Flagler Drive, 9th Floor West Palm Beach, FL 33401 FINANCIAL ADVISOR(S) /CONSULTANT(S) : OTHER PROFESSIONALS: James A. Cherof, Esq. City Attorney 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 20. PAYING AGENT X NO PAYING AGENT 21. REGISTRAR X NO REGISTRAR 22. COMMENTS: None PART III. RESPONDENT INFORMATION FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT: Name and Title Mark E. Raymond, Bond Counsel Phone 561-822-0380 _Company Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. INFORMATION RELATING TO PARTY COMPLETING THIS FORM (If different from above) : Name and Title Phone Company Date Report Submitted 9/15/00 BF2004-A and BF2004-B Note: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND ISSUES EXCEPT THOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159 PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES. 23. ANY FEE, BONUS, OR GRATUITY PAID BY ANY UNDERWRITER OR FINANCIAL CONSULTANT, IN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGULARLY EMPLOYED OR ENGAGED BY SUCH UNDERWRITER OR CONSULTANT: X NO FEE, BONUS OR GRATUITY PAID BY UNDERWRITER OR FINANCIAL CONSULTANT (1) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (2) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 4 24. ANY OTHER FEES PAID BY THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS: NO FEES PAID BY ISSUER (1) COMPANY NAME Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. FEE PAID: $10,000.00 SERVICE PROVIDED or FUNCTION SERVED: Bond Counsel (2) COMPANY NAME James A. Cherof, Esq. FEE PAID:$ 2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Issuer Counsel (3) COMPANY NAME Banc of America Securities LLC FEE PAID:$2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Analytical Services (4) COMPANY NAME Holland & Knight LLP FEE PAID: $2,500.00 SERVICE PROVIDED or FUNCTION SERVED: Bank Counsel PLEASE PROVIDE THE SIGNATURE OF EITHER THE CHIEF EXECUTIVE OFFICER OF THE GOVERNING BODY OF THE UNIT OF LOCAL GOVERNMENT OR THE GOVERNMENTAL OFFICER PRIMARILY RESPONSIBLE FOR COORDINATING THE ISSUANCE OF THE BONDS: NAME (Typed/Printed:) : Diane Reese SIGNATURE: TITLE: Finance Director DATE: 9/15/00 BF2004-B ITEMS 25 AND 26 MUST BE COMPLETED FOR ALL BONDS SOLD BY NEGOTIATED SALE 25. MANAGEMENT FEE CHARGED BY UNDERWRITER: $ PER THOUSAND PAR VALUE. OR PRIVATE PLACEMENT FEE: $ X NO MANAGEMENT FEE OR PRIVATE PLACEMENT FEE 26. UNDERWRITER'S EXPECTED GROSS SPREAD: $ PER THOUSAND PAR VALUE. X NO GROSS SPREAD PART IV. RETURN THIS FORM AND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED TO: Courier Deliveries: Mailing Address: Division of Bond Finance Division of Bond Finance State Board of Administration State Board of Administration 1801 Hermitage Blvd. , Suite 200 P.O. Drawer 13300 Tallahassee, FL 32308 Tallahassee, FL 32323-3300 Phone: 904/488-4782 FAX: 904/413-1315 REVISED Feb. 1998/bf0304/ C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 5 • CERTIFICATE AS TO ARBITRAGE AND OTHER TAX MATTERS CITY OF BOYNTON BEACH, FLORIDA $ PROMISSORY NOTE The undersigned, Diane Reese, Finance Director of the City of Boynton Beach, Florida (the "Issuer") an officer of the Issuer responsible for the issuance of the above-referenced Note (the "Note") makes the following certification as to the Issuer's expectations in connection with the issuance of the Note for purposes of Section 148 of the Internal Revenue Code of 1986 (the "Code") and the Treasury Regulations promulgated thereunder. The Note is being issued on September 15, 2000. The Note is payable from ad valorem taxes levied by the Issuer. Except for such taxes, no amounts are directly or indirectly pledged to pay principal or interest on the Bond, nor are there any other revenues that will be available to pay principal or interest on the Note even if the Issuer encounters financial difficulties. Amounts that the Issuer reasonably expects to be used to pay debt service on the Note constitute a fund used primarily to achieve a proper matching of revenues with principal and interest payments on the Note in each year, and such amounts will be depleted at least once each year. Amounts that the Issuer expects to use to pay principal and interest on the Note may be invested without regard to any yield limitation. Proceeds received by the Issuer from the issuance of the Note will be used on the date hereof to pay costs of issuance of the Note and the balance of such proceeds, together with other monies of the Issuer available for such purpose, will be placed in an escrow fund, invested, and used to pay the principal of, premium and interest on the Issuer's General Obligation Refunding Bonds, Series 1992 (the "Refunded Bonds") on November 1, 2000, on which date all of such proceeds will be expended. Other than amounts to be used to pay the principal, premium and interest on the Refunded Bonds, there are no unspent proceeds of the Refunded Bonds. Amounts that are to be used to pay principal, premium and interest on the Refunded Bonds may be invested without regard to any yield limitation. All proceeds of the Note will be spent within six months after the date hereof and the Note is exempt from the arbitrage rebate provisions of Section 148 of the Code. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC Based upon the foregoing, it is not expected that the Note will be an "arbitrage bond" within the meaning of Section 148 of the Code and the Treasury Regulations promulgated thereunder. Dated this 15th day of September, 2000. CITY OF BOYNTON BEACH, FLORIDA By: Diane Reese, Finance Director C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 2 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561)659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850)681-3828 Direct Line: (561)822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 15, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Internal Revenue Service Center Ogden, Utah 84201 Re: $ City of Boynton Beach, Florida, Promissory Note Dear Sir/Madam: Enclosed please find Form 8038-G which relates to the above-referenced bond. Please acknowledge your receipt of the enclosed by stamping the copy of the form included herewith, and return the stamped copy to us in the enclosed envelope. MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND &SHEEHAN, P.A. By: MER/ams Mark E. Raymond Enclosure C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC City of Boynton Beach, Florida Promissory Note DISCLOSURE STATEMENT OF BANK OF AMERICA, N.A. September 15, 2000 City of Boynton Beach, Florida Boynton Beach, FL Moyle, Flanigan, Katz Kolins, Raymond & Sheehan, P.A. West Palm Beach, FL Ladies and Gentlemen: Pursuant to the provisions of Section 218.385, Florida Statutes, as amended, the undersigned (the "Original Purchaser") is providing the following information with respect to the arrangements made for the purchase of the above-referenced bond (the "Bond"). We represent to you as follows: (a) The nature and estimated amounts of expenses to be incurred by the Original Purchaser in connection with the issuance and sale of the Note is $-0-. (b) There were no "finders," as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Note. (c) No discount or fee is expected to be realized by the Original Purchaser. (d) No management fee will be charged by the Original Purchaser. (e) No fee, bonus or other compensation will be paid by the Original Purchaser in connection with the issuance of the Note to any person not regularly employed or retained by the Original Purchaser. (f) The name and address of the Original Purchaser is: Bank of America, N.A. 625 North Flagler Drive 10th Floor West Palm Beach, FL 33401 C:\WINDOWS\TEMP\ALL CLOSING DOCS(I).DOC (g) The Issuer is proposing to issue $ of debt for the purpose of refunding the Issuer's General Obligation Refunding Bonds, Series 1992. This debt is expected to be repaid over a period of approximately 10 years. At an interest rate of %, total interest paid over the life of the debt will be approximately $ . The source of repayment or security for the Note is ad valorem taxes of the Issuer levied specifically for such purpose. Authorizing this debt will result in no revenues of the Issuer not being available for other purposes of the Issuer. Very truly yours, BANK OF AMERICA, N.A. By: Authorized Officer C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC 2 MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. ATTORNEYS AT LAW 625 North Flagler Drive-9th Floor West Palm Beach,Florida 33401-4025 P.O.Box 3888 West Palm Beach,Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561)659-1789 Other Offices: Tallahassee,FL MARK E.RAYMOND (850) 681-3828 Direct Line: (561) 822-0380 Palm Beach Gardens,FL E-mail:mraymond@moylelaw.com (561)625-6480 September 15, 2000 City of Boynton Beach Boynton Beach, Florida Bank of America, N.A. West Palm Beach, Florida RE: City of Boynton Beach, Florida Promissory Note Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance and sale by the City of Boynton Beach, Florida (the "Issuer") of its $ aggregate principal amount Promissory Note (the "Note"). The Note is issued pursuant to the Constitution and Laws of the State of Florida, including particularly Article VIII, Section 2 and Article VII, Section 12 of the Florida Constitution, Chapters 166 and 132, Florida Statutes and Resolution No. R 00- adopted by the Issuer September 6, 2000 (the "Resolution"). All terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution. In rendering the opinions set forth herein, we have examined the Resolution and other certifications, agreements, documents and opinions of public officials and other officers and representatives of the various parties participating in this transaction. As to questions of fact material to our opinion we have relied upon representations of the Issuer contained in the Resolution, and upon other certifications, agreements, documents, and opinions of public officials and other officers and representatives of the various parties participating in this transaction, furnished to us, without undertaking to verify the same by independent investigation. As to our opinions set forth in paragraphs 1 and 2 below we have relied upon the opinion of James A. Cherof, Esq., City Attorney to the Issuer. We have assumed the genuineness of all signatures on all documents and instruments, the authenticity of documents submitted as originals and the conformity to originals of documents submitted as copies. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC City of Boynton Beach Bank of America, N.A. September 15, 2000 Page 2 The opinions set forth below are expressly limited to, and we opine only with respect to, the laws of the State of Florida and the federal income tax laws of the United States of America. Based upon and subject to the foregoing, we are of the opinion as of the date hereof and under existing law, as follows: 1. The Issuer is duly created and validly existing as a municipality pursuant to the Constitution and Laws of the State of Florida, with the power to adopt the Resolution, perform its obligations thereunder and to issue the Note. 2. The Resolution has been duly adopted by the Issuer and constitutes the valid and binding action of the Issuer. 3. The Note has been duly authorized and executed by the Issuer and constitutes a valid and binding obligation of the Issuer enforceable against the Issuer in accordance with its terms, and for which the full faith, credit and ad valorem taxing power of the Issuer are lawfully pledged. All taxable property within the geographic jurisdiction of the Issuer is subject to ad valorem taxation, without limitation as to rate or amount, in an amount sufficient to pay the Note. 4. The interest on the Note is excludable from the gross income of the Bondholders for federal income tax purposes and is not an item of tax preference described in Section 57 of the Internal Revenue Code of 1986 (as amended) (the "Code") for purposes of the federal alternative minimum tax imposed on individuals and corporations. Such interest may be required to be taken into account in determining adjusted current earnings for purposes of calculating the alternative minimum taxable income of certain corporations. The opinions expressed in the first sentence of this paragraph are conditioned upon continuing compliance subsequent to the issuance of the Note by the Issuer with various covenants contained in the Resolution, including, without limitation, its covenant to comply with applicable requirements of the Code necessary in order to preserve the exclusion of interest on the Note from gross income for federal income tax purposes. Failure by the Issuer to comply with such requirements could cause the interest on the Bonds to be includable in gross income for federal income tax purposes retroactive to the date of issuance of the Bond. No opinion is expressed herein regarding other federal tax consequences that may arise due to ownership of the Bond. 5. The Note is exempt from all present intangible personal property taxes imposed by the State of Florida. 6. The Note is a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC City of Boynton Beach Bank of America, N.A. September 15, 2000 Page 3 7. Upon the deposit and investment of funds pursuant to and as described in the Escrow Deposit Agreement, the pledge of ad valorem taxes of the Issuer to the payment of the 1992 Bonds shall have been defeased and released as provided by the Resolution No. R 91-205 of the Issuer. Our opinions expressed herein are predicated upon present laws and interpretations thereof. We assume no affirmative obligation with respect to any change of circumstances or law (including laws that may result from legislation pending before Congress) that may adversely affect the tax-exempt status of interest on the Note after the date hereof. It is to be understood that the rights of owners of the Note and the enforceability of the Note and the Resolution may be subject to the provisions of the bankruptcy laws of the United States of America and to other applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting creditors' rights, and that their enforcement may also be subject to equitable principles that may affect remedies or other equitable relief. Very truly yours, C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC [TO BE TYPED ON CITY ATTORNEY LETTERHEAD] September 15, 2000 Bank of America, N.A. 625 North Flagler Drive 10th Floor West Palm Beach, Florida 33401 Moyle, Flanigan, Katz, Kolins, Raymond & Sheehan, P.A. West Palm Beach, Florida City of Boynton Beach, Florida 100 East Boynton Beach Boulevard Boynton Beach, Florida Re: City of Boynton Beach, Florida, Promissory Note Ladies and Gentlemen: As City Attorney for the City of Boynton Beach, Florida, (the "City") we have participated in various proceedings in connection with the issuance by the City of its Promissory Note, dated September 15, 2000 and in the principal amount of $ (the "Note"). All terms not otherwise defined herein shall have the meanings ascribed thereto in Resolution No. R 00- adopted by the City Commission of the City on September 6, 2000 in connection with the.Note (the "Resolution"). We are of the opinion that: (a) the City is a municipality of the State,of Florida, duly organized and validity existing under the Constitution and laws of the State of Florida; (b) the City has full power and authority to adopt the Resolution, to issue the Note, to execute and the Escrow Deposit Agreement and to perform all obligations to the City thereunder; (c) the.Resolution was lawfully adopted by.the City and remains in full force and effect; and (d) the Note and the Escrow Deposit Agreement are valid and binding obligations of the City, enforceable against the City in accordance with their terms. Respectfully submitted, C:\WINDOWS\TEMP\ALL CLOSING DOCS(1).DOC f---- -- -` 8ia9 Ip Rod- 004 =lam • MOYLE, FL� vD & SHEEHAN, P.A. Ar A • m! MARK E.RAYMOND ; - Direct Line: (561) 822-0380 Tallahassee Office E-mail:mraymond@moylelaw.com (850)681-3828 August 16, 2000 To Parties on the Distribution List Re: Bank of America,N.A. Loan to City of Boynton Beach, Florida Ladies and Gentlemen: As most, perhaps all, of you know, it has been determined that the City's 1992 General Obligation Bonds can be refinanced at a significant savings to the City. Because the 1992 bonds are payable from ad valorem taxes, and because the millage rate for FY 2000-01 will be established by the City on September 19, 2000,the refinancing needs to be completed before September 19, 2000 so that Diane can reduce the debt service millage for the coming fiscal year. Accordingly,based upon discussions I have had with Diane,the current plan calls for the City Commission to consider adopting a resolution authoring the transaction at its meeting on September 5,2000. Assuming that the resolution is adopted, closing will occur on September 15, 2000. Under this scenario a promissory note will be issued by the City to Bank of America,N.A. Proceeds from the sale of the Note,together with other funds of the City(discussed below) will be placed in an account with an escrow agent,First Union National Bank, and use to pay the principal,premium and interest on the 1992 bonds on November 1, 2000, on which date the 1992 bonds will be discharged. The City has already collected ad valorem taxes to be used to pay the regularly scheduled payment of principal and interest due on the 1992 bonds on November 1, 2000 and that money, along with the proceeds of the Note, will be used to pay the regularly scheduled 1992 Bond payment due on November 1, 2000 plus the redemption price of all of the Bonds maturing after 2000 which will be called on November 1, 2000 as a result of this transaction. As with the 1992 Bonds the promissory note will be a general obligation of the City payable from ad valorem taxes. In order to provide the City with the highest possible reduction in millage for the coming fiscal year,the new note will be structured so that the payments in years 2002 through 2009 (the final maturity date of the Note)will be exactly the same as the payments that would have been on the 1992 bonds in those years. However, the payments due on the Note in 2001 will be substantially less than the payments that would have been made on the 1992 bonds in 2001. G:\02345\30\8-16-00 dist let.wpd August 16, 2000 Page 2 Preliminary indications are that debt service during 2001 will be approximately$160,000 less than what it would have been. However,we will not be able to "lock in" an interest rate until September 5, 2000. On September 5, the Bank will lock-in an interest rate so that at the City Commission meeting the Commission can be provided with definite savings figures. Would everyone please look over the attached materials and provide me with any questions or comments at your earliest convenience. I will be preparing miscellaneous closing documents in the near future. Very truly yours, Mark E. Raymond MERRams G:\02345\30\8-16-00 dist let.wpd DISTRIBUTION LIST BANK OF AMERICA,N.A. LOAN TO CITY OF BOYNTON BEACH, FLORIDA Com. City of Boynton Beach,Florida 100 East Boynton Beach Boulevard Boynton Beach,Florida 33425 Kurt Bressner Tel: 561-375-6010 City Manager Fax: 561-375-6011 E-mail: Bressnerk@ci.boynton-beach.fl.us Wilfred Hawkins Tel: 561-375-6010 Assistant City Manager Fax: 561-375-6011 E-mail: Hawkinsw@ci.boynton-beach.fl.us Diane Reese Tel: 561-375-6310 Finance Director Fax: 561-375-6316 E-mail: Reesed@ci.boynton-beach.fl.us Susan Kruse Tel: 561-375-6060 City Clerk Fax: 561-375-6090 E-mail: Kruses@ci.boynton-beach.fl.us City Attorney James A. Cherof,Esq. Tel: 954-771-4500 Josias, Goren, Cherof,Doody&Ezrol,P.A. Fax: 954-771-4923 3099 East Commercial Boulevard E-mail:jcherof@cityatty.com Suite 200 Fort Lauderdale,Florida 33308 Bank Bank of America,N.A. 625 North Flagler Drive 10th Floor West Palm Beach,Florida 33401 Kevin Williams Tel: 561-838-2381 Fax: 838-2325 E-mail: kevin.o.williams@bankofamerica.com Depending upon from where the telephone call is being placed, calls to the City may have to use the prefix"742" instead of"375." DISTRIBUTION LIST • BANK OF AMERICA,N.A. LOAN TO CITY OF BOYNTON BEACH,FLORIDA , Vanessa Civalero Tel: 561-838-2252 Fax: 561-838-2325 E-mail: vanessa.civalero@bankofamerica.com Bank Counsel . Ed Vogel Telephone: 863-499-5356 Holland&Knight LLP Facsimile: 863-499-5391 92 Lake Wire Drive E-mail: evogel@hklaw.com Lakeland,Florida 33801 Bond Counsel Mark Raymond Tel: (561) 822-0380 Moyle,Flanigan,Katz, Kolins, Fax: (561) 659-1789 Raymond& Sheehan,P.A. E-mail: mraymond@moylelaw.com 625 North Flagler Drive, 9th fl. West Palm Beach,FL 33401 Structuring Agent Christine Manza Tel: 813-224-5478 Banc of America Securities LLC Fax: 813-224-3704 400 North Ashley Street,2nd fl. E-mail:christine.m.manza@bankofamerica.com Tampa,Florida 33602 Escrow Agent Ken Rothschild Tel: 305-789-4686 First Union National Bank Fax: 305-789-4678 Corporate Trust Department E-mail: kenneth.rothschild@firstunion.com FL-6065 200 South Biscayne Boulevard Miami,Florida 33131 • G:\02345\30\distribution list.wpd 2