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Agenda 07-15-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA JULY 15, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I i / I " ~- Woodrow Hay Commissioner - District II I Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof DISTRI T I City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We 're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting, The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action, . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda, . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue, . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address, DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present, Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session, City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day), s:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA July 15, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation of $9,592.01 to Laura Lassman, President of Play for P.I.N.K., from The Links' Annual Play for P.I.N,K, charity golf tournament benefitting The Breast Cancer Research Foundation. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> 1 Agenda Regular City Commission Boynton Beach, FL July 15, 2008 V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date III Rodriguez Arts Commission Alt 1 yr term to 12/08 I Weiland Bldg, Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (3) III Rodriguez Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 I Weiland Cemetery Board Reg 3 yr term to 12/08 Tabled (3) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) IV Ross Community Relations Board Alt 1 yr term to 12/08 Tabled (3) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/08 III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Recreation & Parks Advisory Board Alt 1 yr term to 12/08 II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (3) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A, Minutes 1. Regular City Commission - July 1, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Utilize the Polk County Board of County Commissioners Bid #06-133, awarded to Killebrew, Inc. of Lakeland, Florida, for the pipeline repair of two gravity mains in Quantum Park. 2. Authorize Chaz Equipment of Wellington, Florida to repair four Master Lift Station Wet Wells for a total cost of $242,623 utilizing the City of Delray Beach Bid #2002-37, "Sanitary Structure Interior Rehabilitation". The total cost for this project is $242,623. 2 Agenda Regular City Commission Boynton Beach, FL July 15, 2008 3. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. C. Resolutions 1. Proposed Resolution No. R08-077 RE: Approving the addition of Rule #20 to the Cemetery Rules and Regulations pertaining to d isi nterments/ disentom bments. 2, Proposed Resolution No. R08-078 RE: Authorize a change in the rate structure for cart fees, greens fees, capital improvement fees and annual permits for the Links at Boynton Beach. 3. Proposed Resolution No. R08-079 RE: Authorize the execution of an allonge to promissory notes which were executed in favor of the City of Boynton Beach rather than to the Boynton Beach Community Redevelopment Agency, 4. Proposed Resolution No. R08-080 RE: Approving the Release of Lien arising from demolition expenses incurred by the City but subsequently assigned to the Community Redevelopment Agency VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Holiday Inn Express (HTEX 08-001) Agent: John Garra, Square One Architecture, Inc. Owner: Victoria Richman, University Holdings Location: 480 West Boynton Beach Blvd, Description: Request for height exception to allow screening of roof-top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district. B. Project: HOliday Inn Express (MSPM 08-003) Agent: John Garra, Square One Architecture, Inc. Owner: Victoria Richman, university Holdings Location: 480 West Boynton Beach Boulevard Description: Request for major site plan modification approval to alter the fa<;ade of the existing hotel with exterior enhancements, of the existing structure with a decorative parapet and roof features. 3 Agenda Regular City Commission Boynton Beach, FL July 15, 2008 C. Project: Boynton Lofts (SPTE 08-004) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: James A. Seifert, Addison Properties of South Florida Location: 623 South Federal Highway Description: Request for a third one-year (1) site plan time extension (NWSP 05-008 and HTEX 05-001) for a mixed-use project consisting of 48 condominium units and 3,096 square feet of retail space on 1.21-acres approved on April 19, 2005, thereby further extending the second site plan and height exception approvals from April 19, 2008- April 19, 2009. D, Project: M-l Industrial Zoning District - Corridor Uses (CDRV 08-003) Agent: City initiated Description: Request for amendments to the Land Development Regulations, Chapter 2, Zoning, Section 8.A. M-1 Industrial District, to add provisions and regulations for selected industrial and non- industrial uses of properties that front an arterial or collector roadway. (1ST Reading Proposed Ordinance No. 08-020) E, Project: Administrative Adjustment Revisions (CDRV 08-004) Agent: City initiated Descri ption: Request for amendments to the Land Development Regulations, Chapter 2. Zoning, Section 5, making all properties developed for single-family homes eligible for administrative setback adjustments regardless of date of platting. (1st Reading of Proposed Ordinance No. 08-021) F. Project: 2008 Update to the Capital Improvements Element Agent: City initiated Description: Request to transmit the 2008 update of the Capital Improvement Element of the Comprehensive Plan, (Large Scale Amendments, second round of 2008) (1st Reading of Proposed Ordinance No. 08-022) IX. CITY MANAGER'S REPORT: A. Consideration/Adoption of Tentative Millage Rate (Proposed Resolution No. R08-081) B. Discussion of Recent Solid Waste Code Changes C. Update on Towing Company Contract Renewal/Extension Process D, Receive and discuss Summary Financial Analysis for the City's General Fund and the Utility Fund for the nine months ended June 30, 2008 4 Agenda Regular City Commission Boynton Beach, FL July 15, 2008 X. FUTURE AGENDA ITEMS: A. Budget Workshops - July 28-29, 2008 - Library Program Room B. Boundless Playground/Non-Profit 501(c)(3) Foundation - August 5, 2008 C. City Hall Chambers BB1V Upgrades CIP Project - August 5, 2008 D. Electronic Agenda Comparative Cost Analysis - August 5, 2008 E. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - August 5, 2008 F, Proposed Modification to Sunday AM Liquor Sales Restrictions- August 5, 2008 G. 2008 Recreation and Parks Strategic Plan Update - August 5, 2008 H. Removal of Dock on NE 1th Avenue - August 5, 2008 I. American Assembly Implementation Recommendations - August 19, 2008 J. Discussion of Amendment of CRA Boundaries to Include Developments annexed into the City but not added to CRA Boundaries - August 19, 2008 or September 2, 2008 K. Report and Recommendation on Police Facility Construction - September 2, 2008 L. Budget Public Hearing to Adopt Proposed FY 2008/09 Budget (1st Hearing) - September 9, 2008 M. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008 N. Budget Public Hearing - Adoption of FY 2008/09 Budget (2nd and Final Hearing) - September 16, 2008 0, Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 XI. NEW BUSINESS: None 5 Agenda Regular City Commission Boynton Beach, FL July 15, 2008 XII. LEGAL: A, Ordinances - 2nd Reading - Development - PUBLIC HEARING None B, Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-018 RE: Approving the amendment to Ordinance No. 07-034 amending Chapter 26, "Water, Sewers and City Utilities" as it pertains to the payment of Water and Sewer Capital Facilities Charges. 2. Proposed Ordinance No. 08-019 RE: Approving the City's participation in the Florida Retirement System Pension Plan for the City's Elected Officials, creating a new Article X of Chapter 18 of the City Code of Ordinances, entitled "Pension Plan for Elected Officials," by creating a new ~18-240, entitled "Creation and Maintenance of Pension Benefits," authorizing the appropriate City Officials to do all things necessary to effectuate the intent of this Ordinance, C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (S61) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 7/11/20088:37 AM - S:\CC\WP\CCAGENDA\AGENDAS\yEAR 2008\071508.DOC 6 III.-ANNOUNCEMENTS 8r. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned in Meetin2 Dates in to City Clerk's Office Meetin2Dates to City Clerk's Office E:J ~I 15,2008 March 31, 2008 (Noon) E:J June 17,2008 June 2, 2008 (Noon) E:J May 6, 2008 ~ 14,2008 (Noon) E:J July 1, 2008 June 16,2008 (Noon) E:J May 20, 2008 May 5, 2008 (Noon) fgI July 15,2008 June 30, 2008 (Noon) E:J June 3, 2008 May 19, 2008 (Noon) E:J August 5, 2008 July 14,2008 (Noon) fgI AnnouncementsIPresentations E:J City Manager's Report NATURE OF E:J Administrative E:J New Business AGENDA ITEM E:J Consent Agenda E:J Legal E:J Code Compliance & Legal Settlements E:J Unfinished Business E:J Public Hearing E:J RECOMMENDATION: Allow the public presentation of check in the amoont of 59,592.01 to Ms. Laura Lassman, President and Founder of Play for P.LN.K. (p.LN.K. stands for "Prevention, Immediate Diagnosis, New Technology, Knowledge. ") Play for P.LN.K. is a not-for-profit 501 (c) (3) charity dedicated to raising funds for breast cancer research. EXPLANATION: On Saturday, March 29, 2008, The Links at Boynton Beach held its eighth annual golf tournament benefiting breast cancer research. This is oor sixth year of being involved with the Play for P.LN.K. organization (www.playforpink.org) and we have contributed, throogh these tournaments, over 547,000.00 for breast cancer research. This year's event hosted 116 lady golfers, the largest field we have had to date. Through a large grassroots network of devoted women and men, Play for P.LN.K. sporting events are now held across the country and 100% of all proceeds are donated to The Breast Cancer Research Foundation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: To not allow the public presentation of the check G ~ " ~l-.. !:"~/i t/,~ DepartiIient Head's Signature Assistant to City Manager ~ Golf Course Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 7/15/08 Last Name First 1st Choice 2nd Choice 3rd Choice Name Dwork Jonathan Planninq & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Norfus Victor Planning & Dev Bd. Rodriguez Luis Education & Youth Adv. Bd. (STUDENT) Tenqbergen Sherie Arts Commission Timm H. Warren Planning & Dev Bd. ALTERNATES AVAILABLE FOR REGULAR APPOINTMENTS PRESENT POSITION MEMBER NAME NAME OF BOARD ON BOARD Karilyn Norem-Hohner Cemetery Board Alternate Lisa Pierre Education & Youth Adv. Student/Non Voting (STUDENT) Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 200S\Applicants Eligible for Appointment 7 15 OS.doc 1 VI.-CONSENT AGENDA ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17, 2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) o July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) r8J July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: The Utilities Department would like to utilize the Polk County Board of County Commissioners bid #06-133 awarded to Killebrew Inc. of Lakeland, Florida for the pipeline repair of two gravity mains in Quantum Park. EXPLANATION: The locations of the two sections are on Quantum Blvd. near Lift Station # 509 near the Publix warehouse and Lift Station #510 near Quantum Lake Villas. The "backbone" water and sewer systems in Quantum Park were developed in the late 1980's. The failing sewer liner was installed, at 3 locations, during that time period. The liner has failed by pulling away from the pipe wall, (a process termed de-lamination), and is not due to any recent development activity. The Department has already replaced the failed liner at one location on Quantum Blvd. With this contract, we are addressing the remaining two locations. This task will replace all of the remaining liner in the Quantum system, based upon our televising reports. To avoid expensive conventional construction methods, restoration costs, traffic congestion and diversions, a less disruptive alternative to remove the failed liner has been chosen. Pipe bursting the existing line will separate the existing lined pipe and make room for brand new 8" High Density Polyethylene (HDPE) pipe to be pulled along the existing path. The pipe bursting of the existing pipe and separating it creates a conduit for the new pipe to follow and ensures the new pipe maintains the proper grade or slope. Once completed, this new pipe will restore full pipeline capacity and flow conditions to normal. Construction Site # 1 Lift Station #509 near the Publix Warehouse Pipeline Repair 334 ft. Construction Site #2 Lift Station #510 near Quantum Lakes Villas Pipeline Repair 305 ft. Attached is the cost proposal, bid documents, map and maintenance of traffic (MOT) plan. Also included are cost estimates for the two pipeline repairs done the traditional way of "Open-Cut" excavation and restorations. PROGRAM IMP ACT: The Utility Department recommends pipe bursting as the most effective method. FISCAL IMPACT: Cost of the project is $542,255.36 with a 5% Contingency of$27,112.77. Total project cost is $569,368.13 and is available in account #403-5000-590-96.04 SWR 064 Pipeline Renewal and Replacement S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There are no alternatives in regards to the need for the repairs; not addressing the failing pipe liner will result in line failure and wastewater blockages eventually discharging wastewater and impacting the environment. There are alternatives in method of repair but the utility department is recommending the pipe bursting methods as e ast expensive and least disruptive ~ City Manager's Signature TL/kb Attachments XC: Peter Mazzella Barb Conboy Tony Lombardi Dan Spooner George Peck File SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 135/13'3/213138 138:17 853713113521 KILLEBREW INC PAGE 131 ~ Site Development, Utility Construction & Engineering June 9, 2008 Mr. Anthony J. Lombardi Fax No. (561) 742-6298 Utility Maintenance Manager City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Quantum Commerce Park Sewer Upgrade Area 2 and 3 Dear Mr. Lombardi,. The purpose of this letter is to provide consent from Killebrew, Inc. for the City of Boynton Beach to utilize its annual contract with Polk County Board of County Commissioners for pipe bursting services, titled "Pipe Bursting Rehabilitation Bid 06-133" for constJ1Jction of the referenced project, and to verify langua~e included in this contract allows other governmental agencies to utilize this contract for these services. A copy of this contract has previously been provided to the City of Boynton Beach. Please reference page 9, titled ~Signature Acknowledgement." The next to the last statement on this page is the statement allowing other governmental agencies to utilize this contract. It required a "yes" or IIno" or UN/A" answer from Killebrew, 'nc., as the bidder. Please note it ;s checked "yes" which allows its use by other governmental agencies, in this case the City of Boynton Beach. Once a purchase order is issued to Killebrew, Inc., an insurance certificate will be procured for this project naming the City of Boynton Beach as additional insured, and a copy will be forwarded to the City of Boynton Beach. I trust this information is satisfactory. If additional information is needed, please call me at your earliest convenience. ~fl William C. Thomas, IV, PhD, PE Vice-President/General Manager P. O. Box 6258 · Lakeland, Florida 33807-6258 . Phone: (863) 701-0273 · Fa~: (863) 701-9204 0 0 0 0 0 0 L() 0 0 0 0 01 Ql 0 0 0 0 0 0 ~ <? 0 <? ~ ~i '- (.l 0 <D CD -.c- 0 0 or- ('\J ('\J 0 0 0 <1J '-= r- t"- ..q <.0 L() L{) L() 0 CL c... <D CD OJ 0 N ('\J ('\J ...... ~ (Y"J CD OJ -- r- 0 0 .... I f/) -0 ll.. 0 I I I C...... ""-0 W l- I .9 <1J co .... 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(O~romo..- N~""'~CD~rom O~NC'1 "'" ~ (0 ~~~~tO(O ID(otOtO~(OtO~ ~~~~ ~ ~ ~ NNNNNN NNNNNNNN NNNN 0 N N Annual Pipe Bursting Killebrew. Inc. Contract #06-133 www.killebrewinc.net BUDGET Project Name: Quantum Commerce Park Sewer Upgrade Area 2 & 3 Killebrew, Inc, Owner: Boynton Beach P.O. Box 6258, Lakeland, FL 33807 Date: June 10, 2008 Phone: (863) 701-0273, Fax: (863) 701-0621 www.killebrewinc.net a b c d f SCHEDULE OF VALUES ITEM ORIG. UNIT PRICE, NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL, $ I Mobilization 1 Up to $10.000 work order total excluding bond and mobilization EA $1,61000 $0.00 2 $10.001 - $50,000 work order total excluding bond and mobilization EA $3,876.00 $000 3 $50.001 to $100,000 work order total excludin bond and mobilization EA $6,948.00- $0.00 ----.----.-- 4 Over $100,000 work order total excluding bond and mobilization 1 EA $.8,06100 $8,06100 u__..____~_.___...__ .-.-- ..--....,------ . Audio-Video Recording . .... . ._._ $0.00 5 Preconstruction audio-video recording __~__~__ $0,25 $159.75 6 Post-construction audio-video recording 639 LF $0,25 $159.75 Traffic Control Devices -- -- ---------..- 7 Type I or II barricade with warning Ii ht __1_4,625___.i)!,_Y 1,..~1..:~5_ __ _ __ $_18,28122 8 T pe III barricade with warning Ii ht ___~ZQ __ DA Y. _ __.. $200. __. __ . I~'!Clil9_ 9 Construction signs .__Je89_O DAY . _ ___..12.cQ.cy_~3,780QQ. 10 Arrow board - 5' minimum horizontai size DAY $50,00 $0.00 11 Traffic cones ______ DAY _ ___ $0.50 _ $000 12 Fla er person 90 HR $25,00 $225000 -------__.___0'_._- Seed, Mulch, and Sod I 13 Seed and mulch._________ I _ _~.Y $0.28 $0.00 14 Bahia sodding i SY $1.95 $000 15 St Augustine_~oc:icl!llg___ 4Q.0I'S-Y $3,00 $1,20000 ____...____ _____ 1- Erosion Control I --~._------ ---------- . - I __1i'.__ Sand b~________ .__._____ 12 CY $30.00 _J160.Q,0 17 Baled hay andstaked ___ _____ 50 EA $20.00 $1,000.00 18 Staked silt fence 1 LF 51.50 $1,500,00 -- ----,-------------------- ----- -- -------- Earthwork, Clearing. Demolition, and Pipe Removal _ _________ 19 Crushed stone for pipe bedding and sump pump dewatering operati~n 553 TN 540.00 $_2.2,)~O,O.O 20 Select backfill material CY_ $21.00 5000 21 Dispose of unsuitable excavated material _____ CY____ $13.00, _____$9.,00 22 Clearing __.___~ _~ __ _ _~ $4500_ .Jl,620.00 ..- 23 Sidewalk, curb, roadway and base material __~_ CY___._____.~45,00 $2,430JJQ' 24 Sawcut concrete or asphalt up to 2" thickness 960 LF $2,50 J_2cLll)QC)() 25 Sawcut concrete or asphalt over 2" up to 4" thickness LF _ $3.00 __ $0.00 26 Sawcut concrete or asphalt over 4" up to 6" thickness _ _.___.._______ LF. _____!2.()0_ $0.00 Dispose of clearing, concrete, asphalt, roadway and existing pipe material 27 removed ______________________ _ __~Q. ___ CY $45,00 _ $4,0~():()O_ 28 Remove existing AC pipe up through 6" diameter LF $4,00 $0,00 29 Remove existing AC pipe 8" through 12" diameter LF _ _ _ _ __~6.00. _ $0.00 30 Remove existing AC pipe 14" through 20" diameter LF __ __._.~:Cl.Q. $0,00 ~..1... Remove existing AC pipe 24" through 36" diameter LF $15.00 SODa 32_ [)ispose of exi~t!"-\!_,A.c:;Elfle materia!!.~(;)\I.e~ CY $50,00 5000 Roadw-;y, C~-;:'crete and-~~~inag~Syii~;_~;;~;t~ction i 33 Type S.1I1 asphalt, va!lotj~<!ElpQ1s ... 110 TN .1.. _...s3~0.().() S38.50000 34 Limerock base _ ____ _. TN S!.!iQ,_og $0.00 35 Roadway density test 96 EA __ $55i>O $5.280.00 " __1.l3... .E'roctor _ . __________ 4 EA l S165,00 $660.00 37 Class I concrete CY : $548,00 $0.00 38 Miscellaneous concrete, reinforced (3000 psi) CY I $219,00 $0.00, _. __'.n~_.~__ ___._ ' Page 1 of 8 Annual Pipe Bursting Killebrew, Inc. Contract #06-133 www.killebrewinc.net a b c I d I e I f SCHEDULE OF VALUES ITEM ORIG. UNIT PRICE. NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL, $ 39 Flowable fill 350 CY $172.00 $60,200.00 40 Concrete sidewalk or driveway, 4" thickness 10 SY $38.00 $380.00 41 Concrete sidewalk or driveway, 6" thickness SY $49.00 ;" $0.00 42 Type F curb and gutter LF $38.00 $0.00 43 2' valley (Miami) curb and gutter 550 LF $27.00 $14.850.00 Machine Pit and Pipe Insertion Pit Excavation 44 Up to 4' deep EA $675.00 $0.00 45 Over 4' UP to 6' deep EA $1.050.00 $0.00 46 Over 6' up to 8' deep EA $1.500.00 $0.00 47 Over 8' up to 10' deep EA $1,950.00 $0.00 48 Over 10' up to 12' deep EA $2,900.00 $0.00 49 Over 12' up to 14' deep EA $3,500.00- $0.00 50 Over 14' up to 16' deep 3 EA $4,200.00 $12.600.00 / 51 Over 16' up to 18' deep 3 EA $5,500.00 $16,500.00 52 Over 18' up to 20' deep EA $6,300.00 ;" $0.00 Service Lateral Reconnection, Fitting, and Valve Pit Excavation 53 Up to 4' deep EA $200.00 $0.00 54 Over 4' up to 6' deep EA $350.00.- $0.00 55 Over 6' up to 8' deep EA $500.00.- $0.00 56 Over 8' up to 10' deep EA $1,000.00 $0.00 57 Over 10' up to 12' deep m EA $1,500.00 $0.00 58 Over 12' up to 14' deep EA $2,100.00 - $0.00 59 Over 14' up to 16' deep EA $2,700.00.- $0.00 60 Over 16' up to 18' deep EA $3.300.00' $0.00 61 Over 18' up to 20' deep EA $3,900.0Q.. . $0.00 Point Repair Excavation 62 Up to 4' deep EA $675.00 .- $0.00 63 Over 4' up to 6' deep EA $1.050.00.- $0.00 64 Over 6' up to 8' deep EA $1,500.00' $0.00 65 Over 8' up to 10' deep EA $1,950.00 $0.00 66 Over 10' up to 12' deep EA $2,900.00.- . $0.00 67 Over 12' up to 14' deep EA $3,500.00 $0.00 68 Over 14' up to 16' deep EA $4,200.0Q; v $0.00 69 Over 16' up to 18' deep EA $5,500.00- $0.00 70 Over 18' up to 20' deep EA $6,300.00- $0.00 Dewatering 71 Well point pump initial set up 12 EA $50.00 / $600.00 -; 72 Well point header system initial set up 1.815 LF $25.00 /' $45.375.00 73 Well point pump operation and maintenance 400 DAY $450.00 / $180.000.00 /" 74 Well point header system operation and maintenance 1.815 LF-DA Y $2.50. . $4,537.50 ~ 75 Sump pump system initial set up 6 EA $157.00 V $942.00 76 Sump pump system operation and maintenance 60 DAY $338.00 v $20,280.00 / Bypassing System 77 Up to 50 gpm pump set up EA $75.00 $0.00 78 Over 50 Qpm up to 250 Qpm pump set up EA $115.00 $0.00 79 Over 250 gpm up to 500 gpm pump set up 1 EA $150.00 $150.00 / 80 Over 500 gpm up to 750 gpm pump set up 2 EA $180.00 $360.00 / 81 Up to 50 gpm pump operation and maintenance DAY $140.00. $0.00 82 Over 50 gpm up to 250 gpm pump operation and maintenance DAY $280.00. . $0.00 83 Over 250 Qpm up to 500 Qpm pump operation and maintenance 16 DAY $400.00, / $6,400.00 / 84 Over 500 gpm up to 750 gpm pump operation and maintenance 16 DAY $600.00' $9,600.00 / 85 Up to 50 gpm pump standby pump DAY $100.00' / $0.00 86 Over 50 gpm up to 250 gpm pump standby pump DAY $150.00 $0.00 Page 2 of 8 Annual Pipe Bursting Killebrew. Inc. Contract #06-133 www.kiffebrewinc.net a b c d f SCHEDULE OF VALUES ITEM ORIG. UNIT PRICE. NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL, $ 87 pm pump standby pump DAY $225 00 $0.00 ---~ 88 pm pump standby: pume~_ __ DAY $300.00 50.00 89 LF~DA Y $5.0 $000 ---'---- 90 40 LF-DA Y $10.00 $400.00 __~__._____.__~____._~__ __0"_- ---------.--. -_.__._---~ 91 LF~DA Y $15.00' 5000 ---,.._-~--~._-----~ --------....----- --- ----...--- 92 LF~DA Y $5.0Cr $000 -_._------- ______.____n_ ---------- 93 LF-DA Y $10.00 $000 -.--.. .----- 94 400 LF~DA Y $1500" $6,00000 --- -.------..........., I Pipe Bursting with SDR 19 HOPE IPS for Gravity Syste!"~ -------- 95 4" Diamater LF $27.00' $0.00 -- -.---------- ___00- _.._u______ 96 6" Diameter LF $28.0Q' $0.00 ..-~~----_.~~- ----------.--- .._--_.,._..._~._.._-- 97 8" Diameter LF $29.00 . _$13, 195()(J 98 10" Diameter 184 LF $30.00. $5.520.00 ---- ------- --- "___nO ------ 99 12" Diameter LF $39.00' 50.00 -- -.------.---.-------- ---- -----..--.--- 100 14" Diameter LF $47.00 $0.00 --.-.......---..----.- _._-----------_._---_..__.__.~-_. ______'___n' .....__n -- 101 16" Diameter LF $57.00 $000 --------- 102 18" Diameter LF $68.00 $0.00 -------- 103 20" Diameter LF $89.00 SO.OO ,',,_ _u__._.__ _ _ 104 24" Diameter LF $120.0 $000 ---- 105 30" Diameter LF $173.00 SOOO 106 32" Diameter LF $210.0 $000 ----..-----~._----------------_.-.-----.- - --~-_. 107 36" Diameter LF $254.00 $000 ______~____n_ ____ Pipe Bursting with SDR 17 HOPE IPS for Gravity Systems 108 4" Diamater LF $28.00 $0.00 -----.-----.-----.---..--- ---~-- ----- --- - ----.--- 109 6" Diameter LF $29.0 $0.00 110 8" Diameter LF $30.00- $000 ------------------------- 111 10" Diameter LF $31.00 $000 --- ---------- 112 12" Diameter LF $40.00-' $0.00 113 14" Diameter LF $49.00 $0.00 --~-- 114 16" Diameter LF $59.0Cl $000 115 18" Diameter LF _ $71~ $OOe .--.-.------ ------------------- 116 20" Diameter LF _!~3cO.Q_ $0.00 ------------------- 117 24" Diameter LF $125.00 $0.00 118 30" Diameter LF $182.00 $0.00 -~_. --.---..-- -.--_.--------_.--------------- 119 32" Diameter LF $215.00 $000 120 36" Diameter LF $270.00 $0 CO -------- - ----------- ------------ I ___ Pipe Bursting with SDR 17 HOPE DIPS for Pressure~~yst~ll1!i 121 4" Diamater LF $28.00 $0.00 - - ------------- - --- _____m_ 122 6" Diameter LF $29.00. $0.00 _______________u_ u " -------- 123 8" Diameter LF $31.00 $0.00 - - _________________~_n____ .___._.n___________n__ 124 10" Diameter LF $39.00 $0.00 .--- - --------~------~-- -------- ---_._----_..~ 125 12" Diameter LF $50.00 $0.00 --- ------ 126 14" Diameter LF $59.0Q $0.00 - ------------------------- 127 16" Diameter LF $80.00 $0.00 ___n_ ______________ ----~--- 128 18" Diameter LF $101.00 SO.OO .-----._----~--------- ---------- --------- 129 20" Diameter LF ____$1180.9:. __ $0.00 130 24" Diameter LF $151.00 $0.00 . -.-" -_._---------._~-- -------- --- 131 30" Diameter LF $206.00 $0.00 ----.----..---------------- . n_$~1L()0 133 36" Diameter LF SODO ~____ u____.___.._..~___. ------------------ ----------- --~---_._--~----------_..._.. Pipe Bursting with SDR 11 HOPE DIPS for Pressur~Systems._ 134 4" Diamater LF _ $29Jl.0 SO.OO .. ~ - --------------- 135 6" Diameter LF $30.00 SO.OO ------ 136 8" Diameter LF $33.00 . SO.OO - -------- --- 137 10" Diameter ____I LF $41.00' SO.DO ------- Page 3 of 8 Annual Pipe Bursting Killebrew, Inc, Contract #06.133 www.killebrewinc.net a b c I d I e I f SCHEDULE OF VALUES ITEM ORIG. UNIT PRICE, NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL, $ 138 12" Diameter LF $54.00 l,..- $0.00 139 14" Diameter LF $72.0a..v $0.00 140 16" Diameter LF $97.00 $0.00 141 18" Diameter LF $121.00 $0.00 142 20" Diameter LF $143.00 $0.00 143 24" Diameter LF $187.00' $0.00 144 30" Diameter LF $260.00 $0.00 Gravity System Service Lateral Connection 147 4" by 8" Inserta tee/saddle EA $70.00 $0.00 148 4" by 10" Inserta tee/saddle EA $70.00-- $0.00 149 4" by 12" Inserta tee/saddle EA $70.00 $0.00 150 4" by 18" Inserta tee/saddle EA $70.00- $0.00 151 4" by 24" Inserta tee/saddle EA $70.00 $0.00 152 4" by 30" Inserta tee/saddle EA $70.00 $0.00 153 4" by 36" Inserta tee/saddle EA $70.00 $0.00 154 6" by 8" Inserta tee/saddle EA $92.00 $0.00 155 6" by 10" Inserta tee/saddle EA $92.00 $0.00 156 6" by 12" Inserta tee/saddle EA $92.00- $0.00 157 6" by 18" Inserta tee/saddle EA $92.00' . $0.00 158 6" by 24" Inserta tee/saddle EA $92.00 $0.00 159 6" by 30" Inserta tee/saddle EA $92.00- $0.00 160 6" by 36" Inserta tee/saddle EA $92.00 $0.00 161 4" Fernco couplino EA $5.50 $0.00 162 6" Fernco couplinQ EA $10.00- $0.00 163 4" SDR 35 PVC - within service lateral pit excayation LF $3.75- $0.00 164 6" SDR 35 PVC - within service lateral pit excayatoin LF $5.00 $0.00 Pressure System Service Lateral Connection and SYStem Connection 165 2" by 4" double strap, ductile iron saddle EA $30.00 $0.00 166 2" by 6" double strap, ductile iron saddle EA $34.00 $0.00 167 2" by 8" double strap, ductile iron saddle EA $39.00- $0.00 168 2" by 10" double strap. ductile iron saddle EA $49.00- $0.00 169 2" by 12" double strap, ductile iron saddle EA $60.00 /' $0.00 170 2" by 14" double strap. ductile iron saddle EA $74.00 $0.00 171 2" by 16" double strap. ductile iron saddle EA $103.00 $0.00 172 2" by 18" double strao, ductile iron saddle EA $160.00- $0.00 173 2" by 20" double strao, ductile iron saddle EA $190.0cr $0.00 174 2" by 24" double strap, ductile Iron saddle EA $210.00' $0.00 175 2" by 30" double strap, ductile iron saddle EA $228.00 $0.00 176 2" by 36" double strap, ductile iron saddle EA $395.00' $0.00 177 2" by 4" electrofusion, self-tapoinQ saddle EA $106.00-- $0.00 178 2" by 6" electrofusion, self-tapping saddle EA $112.00 $0.00 179 2" by 8" electrofusion, self-tappina saddle EA $119.00 $0.00 180 2" by 10" electrofusion. self-tappina saddle EA $165.00 $0.00 181 2" by 12" electrofusion, self-tapping saddle EA $173.00 $0.00 182 2" by 14" electrofusion, self-taopina saddle EA $175.00 $0.00 183 2" by 16" electrofusion. self-tappina saddle EA $188.00' $0.00 189 2" corporate cock with accessories EA $138.00 $0.00 190 1" curb stop with accessories EA $48.00 $0.00 191 1 1/2" curb stop with accessories EA $115.00- ' " $000 192 2" curb stop with accessories EA $150.00-' $0.00 193 1" HDPE service tubing - within service pit and at meter for reconnections LF $8.00' $0.00 194 1 1/2" HDPE service tubing - within service pit and at meter for reconnections LF $12.00' . $0.00 195 2" H DPE service tubing - within service pit and at meter for reconnections LF $13.00 $0.00 196 1" HDPE service tubing - directionaily driiled LF $11.00' $0.00 197 1 1/2" HDPE service tubing - directionaily drilled LF $12.00 $0.00 198 2" HDPE service tubing - directionally drilled LF $13.00 $0.00 Page 4 of 8 Annual Pipe Bursting Killebrew. Inc. Contract #06-133 www.killebrewinc.net a b c d f SCHEDULE OF VALUES ITEM ORIG UNIT PRICE NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL, $ 199 2" x 1" compression wye with accessories EA J6()00 $0.00 200 1 1/2" x 1" compression wye with accessories -~~~~~n-f $5000 $0.00 ~-_._~~--.- --------.-- -- --- 201 Residentiai service disconnect and reconnect at meter $472.00 " $000 -- ------- --.----- 202 Residential service lateral disconnect and reconnect near main EA I $490.00 $0.00 -- -_._- - -- _.---,--_.._-_."._-_.~- i 203 Pressure system connection 4" thro~~__ EA I $230.00 ' $0.00 I ------~. 204 Pressure system connection 8" through 12"_ EA $235.00' $O.OC 205 Pressure system connection 14" through _1Jl"_ ' EA $338.00, SO.OC i----- ---- -----~--- 206 Pressure syst.~connection 20" through 24:' I EA S475.00 SO DC I--EA -.--------. -~. ..,.-- 207 Pressure system connection 3D" through 36" $600.00 . $000 I ----------.-.-.- ~--_._-- ~----~-~--_._--_._---_._-- -. ----_.~-~-----_.__.._--- I - --,--- t , ------_._._~._- I- i ----- I Fittings without Accessories I 1----- -------------- 1 208 DI C153 MJ l-~- $11.50 -}~~~1 ----------------"- .---- 209 HDPE I LB $28.00, --. -------------------,-, . - ----- n__ ___0'___ ____...______ --_.,.._..._~--_._------ I Valves ~I~--~~-- 210 2" resilient seated ate valve and box assembly $305.00 $0.00 211 4" resilient seated ate valve and box assembly $460.00 $000 212 6" resilient seated gate valve and box assembly EA $575.00 - $0.00 -----.-----,-- 213 8" resilient seated ate valve and box assembi EA j $840.0 $0.00 -------,--- 214 10" resilient seated gate valve and box assembly EA $1,295.00 $000 _ j----------.---- 215 12" resilient seated gate valve and box assembly , EA i $1,550.00 $0_00 216 14" resilient seated gate valve and box assembly j ----- --t - $000 I ~/\ _I $~,3500CY . 217 16" resilient seated gate valve and box assembly ; EA ! $3,970.00,"- $000 218 18" resilient seated gate valve _and box assem'2!Y_ r-- 1--- - SO.OC I-_EL _E0700cr 219 20" resilient seated gate valve and box assembly __I_~_J~OOQ._ $000 220 24" resilient seated gate valve and box assembly I E~_$,~,~Q,-QQ'_ SOOO 221 30" resilient seated ate valve and box assembly ! EA S21,250.00' SOOO 222 36" resilient seated gate valve and box assembly '--=-EA '--$?~-,-'!CJ9_Q.0: T $000 223 24" butterfl valve and box assembly -I I__EA ___ _ $3,000..2'2. $0.00 224 3D" butterfly valve and box assembl L~~ .F,20000, __ SOOO 225 36" butterfly valve and box assembly I _ $8,5500()' $0.00 226 4" plug valve and box assembly $530.00' SO.OO 227 6" plug valve and box assembly t ~. .,,~:::- $0.00 ------- 228 8" plug valve and box assembly SO.OO 229 10" plug valve and box assembly .E'~ _ $1 ,515QQ.' SO.OO 230 12" plug valve and box assembl - -------- .....----.- _ E:/\ _ ~1~8~0.Q., / $000 231 14" plug valve and box assembly _\ _ EA u_ _$2.900QQ, $000 232 16" plug valve and box assembly ~/\ I ~},'?-~QQQ. $0.00 233 18" plug valve and box assembly E.A I _J3,820.00 SO.OO 234 20" plug valve and box assembly EA I ~~,~QgQ- $0.00 235 24" plug valve and box assembly EA I .!9,()?5.00 SO.OO 236 30" plug valve and box assembly EA $14,05000. $O.OC --------- 237 36" plug valve and box assembly EA S21 ,8.CJ0_()Q $000 ---~-"-~_.-.._-----_. Blow Off Assembly 238 Permanent 2" Blow Off Assembly and~?_~_ EA $OOCi -~-._-,---- Fire H drant Assembly 23?_ _ ~ir~J:tydrant a~s..e..r:nJ:lIy______ EA $0,00 .- MJ Adapterwith _~etainer Gland and MJ Accessories 240 4" Dlamater EA $205.00 $0.00 241 6" Diameter EA $210.00 $0.00 242 8" Diameter EA $230.00' $0.00 -----------.--- _ _ -----........ 243 10" Diameter EA $390.00' $000 - ----------------- -- -----------. 244 12" Diameter EA $425.00 . $000 ---- 245 14" Diameter EA $650.00 $0.00 -------------- Page 5 of 8 Annual Pipe Bursting Killebrew, Inc, Contract #06-133 www.killebrewinc.net a b c I d I e I f SCHEDULE OF VALUES ITEM ORIG. UNIT PRICE, NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL. $ 246 16" Diameter EA $775.00 L-- $0.00 247 18" Diameter EA $875.00 --- $0.00 248 20" Diameter EA $1,015.00 V" $0.00 249 24" Diameter EA $1,110.001- $0.00 250 30" Diameter EA $3,300.00 1/ $0.00 251 36" Diameter EA $4,300.00 $0.00 Sanitary Manhole Bench Repair/Rebuild and Connections 252 4' diameter manhole EA $440.00..1.-- $0.00 253 5' diameter manhole EA $490.00. $0.00 254 Connect new HDPE to manhole and rebuilt bench 6 EA $787.00. v $4,722.00 ./ 255 Connect service lateral to manhole EA $472.00 $0.00 Adjust Manhole Ring and Cover to Grade (Up to One Foot Adiustment! 256 Adjust manhole rino and cover to 9rade EA $350.00 V $0.00 Pigging 257 4" to 6" Diameter LF $2.50 l..- $0.00 258 8" to 12" Diameter LF $2.60 v $0.00 259 14" to 20' Diameter LF $3.50 $0.00 260 14" to 20" Diameter LF $4.50 v $0.00 Pressure Testing 261 Up to 2" Diameter LF $1.45- v $0.00 262 4" to 6" Diameter LF $2.20 l7 $0.00 263 8" to 12" Diameter LF $2.30 $0.00 264 14" to 20" Diameter LF $3.20' $0.00 265 24" to 36" Diameter LF $4.20 $0.00 Chlorination and Bacteriological Testing 266 Up to 2" Diameter LF $1.00 I.-- $0.00 267 4" to 6" Diameter LF $1.20 $0.00 268 8" to 12" Diameter LF $1.45 l-- $0.00 269 14" to 20" Diameter LF $2.60- $0.00 270 24" to 36" Diameter LF $5.00 $0.00 271 Bacteriolooical sample and test EA $70.00 $0.00 Closed Circuit Television Inspection 272 Pre-inspection 6" Diameter LF $1.3Q.- $0.00 273 Pre-inspection 8" to 12" Diameter 639 LF $1.30- $830.70 V 274 Pre-inspection 15" to 21" Diameter LF $2.00 / $0.00 275 Pre-inspection 24" to 36" Diameter LF $2.60. $0.00 276 Post-inspection 6" Diameter LF $1.30 ' $0.00 277 Post-inspection 8" to 12" Diameter 639 LF $1.30 $830.70 v' 278 Post-inspection 15" to 21" Diameter LF $2.00 $0.00 279 Post-inspection 24" to 36" Diameter LF $2.6Q.- $0.00 Jetting/Pressure Cleaning 280 6" Diameter LF $2.00. / $0.00 V 281 8" to 12" Diameter 1.278 LF $4.00 ~ $5,112.00 282 15" to 21" Diameter LF $7.80- $0.00 283 24" to 36" Diameter LF $9.40, $0.00 Record Information and Certification 284 Collection, recording. and preparation of record drawings and information HR $65.00 $0.00 Professional Land Surveyor/Mapper or Professional Engineer for survey layout. $135.00' 285 system design, record information preparation and/or certification HR $0.00 Page 6 of 8 Annual Pipe Bursting Killebrew. Inc. Contract #06-133 www.killebrewinc.net a b c I d I e I f SCHEDULE OF VALUES ITEM ORIG. UNIT PRICE NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL. $ Actual 286 Public Construction Bond i 1 Invoice $8,459.79 $8,459.79 _.~~--"~.._-_.~--_.~_.._---~._-_._--_.__.~ I - ----------------- -- -_._~------ -----.....-- - -------..,. SUBTOTAL $532,19644 Page 7 of 8 Annual Pipe Bursting Killebrew, Inc. Contract #06-133 www.killebrewinc.net a b c I d I e T f SCHEDULE OF VALUES ITEM ORIG.I I UNIT PRICE. NO. ITEM DESCRIPTION QTY. UNITS $ TOTAL, $ OUT ..oF.SCOPE 1 Road striping restoration 1 LS $4.875.00 $4,875.00 2 Irrigation system repair/replacment 1 LS $250.00 $250.00 2 Paver brick work 1 LS $4.720.00 $4,720.00 Actual 4 Public construction bond 1 Invoice $213.92 $213.92 II" SUBTOTAL $10,058.92 1/ GRAND TOTAL $542,255.36 ~ Notes: 1, Proposal based on existing utilities not in conflict with pits, 2. Dirt from pit excavations will be placed on road with hay bales around spoil pile for erosion control. 3. Medians and inside lanes (both ways) will be shut down for the duration of the work in the work area. 4. Allowances provided for striping replacement and landscape restoration. These items will be invoiced to Owner for actual invoice price to Killebrew, Inc. 5. Lay-down/yard area assumed to be available near work area. Owner to assist with identifying and procuring. 6. Method of road restoration includes compacted backfill using existing, excavated material to within 14" of top of existing asphalt. A 1-foot thick layer of flowable fill will be cast. A 2-inch asphalt lift will be placed and compacted on top of flowable fill. Edges will be saw-cut for a clean, smooth joint. 7. No permits or fees included (for dewatering. maintenance of traffic, FDEP). Page 8 of 8 Doppler, Carol From: Lombardi, Tony Sent: Monday, June 30, 2008 3:34 PM To: Doppler, Carol Cc: Conboy, Barb Subject: FW: Emailing: Special Conditions Pages 14 thru 16001.pdf Attachments: Special Conditions Pages 14 thru 16001 .pdf ~ Special Conditions Pages 14 th... Carol see if this helps........ Anthony J. Lombardi Maintenance Manager City of Boynton Beach Utilities Office - (561) 742-6421 Fax - (561) 742-6298 Cell - (561) 951-2208 -----Original Message----- From: Bill Thomas [mailto:Bill@killebrewinc.net] Sent: Monday, June 30, 2008 2 : 3 6 PM To: Lombardi, Tony Subject: Emailing: Special Conditions Pages 14 thru 16001.pdf <<Special Conditions Pages 14 thru 16001.pdf>> Tony, For the bonding, please reference page 15, item 10 at the bottom, The price/payment for a bond is based on the actual invoice to Killebrew, Inc, for the cost of the bond. The $4,000 bid price in our bid to Polk County was based on a fictitious $200,000 project. Thanks, Bill The message is ready to be sent with the following file or link attachments: Special Conditions Pages 14 thru 16001.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments, Check your e-mail security settings to determine how attachments are handled. 1 PIPE BURSTING REHABILITATION BID #06-133 SPECIAL CONDITIONS I ntrod uction 1. Polk County, a political subdivision of the State of Florida, requests the submittal of bids from vendors that are interested in providing pipe bursting rehabilitation annual construction seNices for the County. The Contractor will typically furnish all labor, supeNision, materials, tools, equipment, restoration, maintenance of traffic and environmental protection for the complete and proper rehabilitation of underground utilities within County, CSX Railroad, and State rights of way, and utility easements as requested by the County. Award of this bid will be made to the two (2) contractors submitting the lowest and best overall bids. Should the contractor submitting the lowest bid be unable to perform the seNices necessary, the County will secure services from the second low. For any bid to be considered, the contractor must include a copy of their state and/or Polk County license applicable under Chapter 489, Florida Statutes and Polk County Ordinance 92-03 to certify the contractor as an "Underground Utility Excavation Contractor" to perform work in Polk County. Also to be considered, the contractor must provide sufficient evidence that the primary business of the company is underground utility construction and the company has installed a minimum of 10,000 feet in the State of Florida. To satisfy this requirement the contractor must submit an executed copy of "Attachment A" with their bid. 2. ADDITION SIR EVISIONS/DELETIONS: Additions, revisions or deletions to the general conditions, specifications or bid price sheets that change the intent of the bid will cause the bid to be non-responsive and the bid will not be considered. The Purchasing Director shall be the sole judge as to whether or not any addition, revision or deletion changes the intent of the bid, 3, PERFORMANCE OF WORK: The work required under this bid shall be performed by the entity submitting the bid. Subcontracting work may be permitted so long as the subcontractors are under the direct supervision of the vendor. 4, The period of performance for this bid is from date of award through April 30, 2007. It may be extended for two (2) one (1) year periods at the same terms and conditions, with the mutual agreement of all parties. 5, Adjustment of Prices The prices contained in this bid shall be guaranteed for the term of the contract. After the first year of the contract and thereafter, the contractor may request in writing a unit price adjustment ninety (90) days prior to the contract expiration. Upon review by the Purcha~ing Division of the current market and verification with suppliers, the Purchasing Division may consider such adjustment for the unit 14 PIPE BURSTING REHABILITATION BID #06-133 prices affected by the amount of increase or decrease in prices in order to renew the contract for one (1) more additional year, but subject to the contractor's total base bid not exceeding that of the second lowest contractor total base bid. 6. Provisions for Direct Purchase of Materials When a work order proposal is submitted to the Purchasing Division for issuance of a purchase order, the Purchasing Division will review trle items within the proposal to determine if it is in the best interest of the County to issue a purchase order for any or all of the materials that are included. Should one or more items be identified for issuance of a purchase order, the Purchasing Division will advise the contractor of the items selected and provide a copy of the purchase order issued. The prices that will be used to issue the purchase order will be the unit prices provided by the contractor after the bid has been awarded, less sales tax. The delivery of these materials will be made the same as though the contractor ordered them. The coordination of the delivery, the receipt of the materials and the maintenance and safekeeping of the materials will be the sole responsibility of the contractor 7. SEALED BIDS: All bid submittals must be completed and submitted in a sealed parcel. (DO NOT INCLUDE MORE THAN ONE BID SUBMITT AL PER ENVELOPE. BID SUBMITTAL SHALL INCLUDE ONE (1) ORIGINAL AND ONE (1) COpy OF ORIGINAL.) The Original bid submittal(s) shall be submitted on the forms provided by Polk County. All bids are subject to the conditions herein; failure to comply will subject bid to rejection. 8. All prices bid shall remain unchanged during the period of performance. as specified herein, and as may be adjusted in accordance with item # 5. 9, Quantities The quantities herein are for award purposes and shall in no way bind the County for materials or work to be performed. During the contract period material quantities may be changed at discretion of the County. Contractors must bid all materials for their bid to be considered. Prices should be extended and summed for the "Total Base Bid". 10. Bid Bond and Public Construction Bond A bid bond in the amount of $10,000.00 shall be submitted with the bid proposal. For the purpose of award, on the bid sheet the bidder must list the cost of a public construction bond for an estimated contract cost of $200,000. A public construction bond will be required for each purchase order issued under this contract for the amount of the purchase order as determined by procedures 15 PIPE BURSTING REHABILITATION BID #06-133 outlined herein. The public construction bond shall be included in each individual work order proposal and will be reimbursed at cost on the first application for payment. A copy of the bond premium invoice shall be attached to the first application for payment. The bond shall be executed by a corporate surety authorized to do business in the State of Florida, All bonds signed by an agent must be accomplished by a certified copy of authority to act and indicate that they are licensed to do business in the State of Florida. 11. Other Contracts Award of this bid to a particular contractor shall impose no obligation on the County to utilize that contractor for all work of this type, which may develop during the period of this contract. Polk County reserves the right to utilize any applicable State contracts in lieu of, or in addition to, this bid. The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such to be in its best interest or to use its own forces. From time to time the County may have other contractors on site providing services under other County contracts, The successful contractor will coordinate with these contractors when necessary, 12. Issuance of Work Orders A, Selection of Contractor: The contractor who has submitted the lowest bid shall be granted the right to be first considered for purchase orders as outlined below. Should the contractor with the lowest bid, choose not to submit a work order proposal for a requested project, or the County determines that the work order proposal submitted does not meet its needs, then the second lowest bidder will be offered the opportunity. 8, Contract Administration: This annual contract for services will be administered via individual work orders/purchase orders based on the unit prices submitted by the contractor(s} and initiated by the request by the County of sequential work order proposals. . C. Notice to Proceed: When the Utilities Division is satisfied with the work order proposal from the contractor, they will request a purchase order for the project. The work order proposals after approval will become the work orders for each specified work. Subsequent to the issuance of a purchase order, the Utilities Division will issue notice to proceed. 13, Work Order Proposal Depending on the complexity of the work, the County will either provide the 16 rlPC: BURSTING REHABILITATION BID #06-1 CHECK LIST Document Submitted Signature Acknowledgement GZ( Y es Drug-Free Workplace Form [2j Yes Non-Collusion Affidavit of Prime Bidder 0Yes Safety Requirements/Regulations Form !dYes Bid Bond - $10,000 dYes Pipe Bursting Certification ~Yes License for Technology Patent - Section 2.4 ~es Thermal Fusion Training Certification - Section 2.5 ~Yes Certified Underground Utility Contractor License ~Yes Attachment "A" ~es Bid Sheet nvpc: L--..J . - '-' 61 June 28, 2006 BOARD OF COUNTY COMMISSIONERS POLK COUNTY, FLORIDA ADDENDUM #1 BID #06-133 PIPE BURSTING REHABiliTATION This addendum is issued to clarify, add to, revise and/or delete items of the Contract Documents for this work. This Addendum is a part of the Contract Documents and acknowledgment of its receipt shall be noted on the Addendum and the Proposal Form. This addendum consists of 1 page(s). Bid receiving date now reads Wednesday, July 12, 2006, prior to 2:00 p.m, Bid receiving date is changed to read Wednesday, July 26, 2006, prior to 2:00 p.m. Chris CJ?{!wis Chris Rewis Contract Specialist Purchasing Division ~__-..-...._.~,.,..."C.",-"......,____.,_.. ,,--- - THIS ADDENDUM SHEET MUST BE SIGNED AND RETURNED TO THE PURCHASING DIVISION. YOU MAY FAX IT TO 863-534-0055. THIS IS THE ONLY ACKNOWLEDGMENT REQUIRED. Signature: /Q<~/~~. ',., ---.---.----..---------- - ------ Printed Name: ~/// 4Jn4-.S Title: 1/r/?OI~/l1JI\ Company: J:'J!t ~ ]; ~,1 t! r.( tv{ ~ ( ) / ; TRArj:=;r,1 ---.------.,..--..- I i'1Ec ~2d/ 20Cc, NAr\'lE fGL,-:C:SREi\ 1 FA>< ::::53701CE2 T~I 8537[J10:27~: L~ SEF:. # 13RCil.. 157() _._~ ----"-~- --~-,_.--,-~-- --..---- --- DATE,TIHE OS/28 [19:10 F AX NO. / r~A~..1E 5340055 DURATIOr--J 00:00:21 PAGE(S) 01 RESULT OK ~'lODE STANDARD EO..' ___"_,__~____,___..__._, _'0- ---------_._---~----- ""-~-~-------_. -,._"-~----_._-_._.._---"-------_._-----_.- ~~~ ~~" VW. '-VLI"\ l.,V IJUI~U-IAbIN 034c '0 p.m. 07-10-2006 1/14 . Ju'" 1 0, 2006 BOARD OF COUNTY COMMISSIONERS POLK :OUNTY, FLORIDA AD[~ENDUM #2 BID #06-133 PIPE BURSTII~G REHABiliTATION Thi 3 addendum is issued to clarify, add 1 J, revise and/or delete items of the Contract Documents for this work. This Addendum is a part of the Contract Documents and acknowledgment of its rec 3ipt shall be noted on the Addendur 1 and the Proposal Form. This addendum consists of 14 Jage(s). Infc rmati<:m contained within this addendum: questions and answers, revised Bid Sheets. elzw ~ ChI is Rewis COlltract Specialist Purchasing Division THIS ADDENDUM SHEET MUST BE SIGNED AND FAXED TO 863-534..0055. THIS IS THE ONLY ACKNOWLEDGMENT REQUIRED. ....-, . f1.., / Sigllature: &//~;;v_____- Prir ted Name: ~ / / /2 O//'lc; -s- Titl", /7;"/O;:"Y1- ./?'j>. .. Conpany: 4~~rek('// .z;; ( , / I' , 'Ji\I~II/\SjC' BID 06-133, PIPE BURSTING REHABILITATION ADDENDUM #2 01 : Special Conditions, #5 (pg 14) sr eaks to adjustment of prices, Given the volatility of material prices, suppliers are rell-ctant to quote prices for more than 90 days, particularly on plastic materials (PVC, HOPE '. Another Polk County Annual Contract has a 90-day period for PVC/plastic price adju~ tment. Can this item be changed to show a gO-day period for plastic materials price (idjustments each 90 days? Price changes can be substantiated with quotes from Sl ppliers. At Change to Special Conditions, HE m 5, page 14 is as follows: Unit prices for material only should not include any mark-up, Vendor must get suppliers to hold HOPE and PVC pricing fa' 90 days, Copies of quotes from suppliers along with documentation stating that the prices are firm for the 90 days must be submitted with bid. Adjustment of Prices: The pricE IS contained in this bid shall be guaranteed for the term of the contract, except PVC/Hf )PE items, which shall be adjusted in the following manner: At the end of 90 days (the period Jegins from the date of award), the successful vendor will be required to submit new pricing for PVC/HDPE items, The vendor must submit copies of the quotes from their su Jpliers along with documentation stating that the prices are firm for 90 days. The Purcha: iing Division will review these quotes and may obtain additional quotes in order to asce tain the current market for PVC/HDPE products contained within this bid. When obtainingquotes, the Purchasing Division will require the same delivery terms as listed in U e vendor's quotes. The Purchasing Division will adjust (in writing) the unit prices for matE rial (up or. down) by the amount of the increase or decrease in current prices. This r rocedure will be followed at the end of each subsequent 90 day period. All we rk orders issued pursuant to this bid shall reflect the prices.,estabUshed by the Pu!chasing Division, in writinc, inBGCordance with this section Q2: Special Conditions, #17 (pg 18) sl leaks to retainage, Current practice with FOOT and other public-sector contractors is 10 reduce retainage from 10% to 5% when half of the work is complete and pay half of t 1e accumulated retainage at that time also. Can #17 be changed to this? A2: Retainage will be reduced to 5% l pon 50% completion of all work within the project. Thrs ~IUf]~lY<1~ paymentoLallJetaina{ e held to this pOint,-less 5% held through-completion of the project. 03: On the bid sheet, items 252 throu[lh 257, precast thrust blocks are called for. The County has prohibited the use of thrust blc Icks. Can these bid items be deleted accordingly? A3: These bid items have been delete 1. Please use revised Bid Sheets attached when submitting your bid, .......-....v.......... 1 VVv. r vu\ 'vV ,'UK\.....,tIA,:)lI' Uj~ 'Jp.m UI-1U-LUUtl j 114 Q4' Is an electronic copy (Excel file) c vailable for the bid sheet? This will reduce manual typing or hand-writing time in prel laring the bid, plus make it more legible, A4 An electronic copy of the revised Bid Sheet is available upon request. ,";','. , !) :,j 1,(_, I <lJ U Qj L: II a.. 0 CO 0 0 [fJ U LL ~ C _ '-U CU .S! Q) CO \-- - Q) >- fU Q) ~LL Q)>- c fh ih fh th fI7 ih IJ} W 00- (Fj {ti b9- .- .-. <u .~ ;>, :::J :-= (lj .-. <.l Q) ::J .D ctl ::J '- Q) C o-::JO o w a. '- (fJU.-. III (f)-.J .-. 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'- ..... e '0 C:.2 e o1tj :2 (jj E C1:l 0...... ro 0. .E 0. C1:l.S: Ql ~"O 2 '6 n "'Q ~h_ "0 >. () '- I:: <Il Ql 0 C1:l i::.....- lD -::II:: l: Z g (/).2> 0 O:oulZ U - '- @u ::l ~ 8-1E ::. t- ~(ij$ ~ ::i g.~ ~ 8 - .- r.n m"OUl....; () .....Q)Q)::I :: "" = - 0 .0 :r Q e.~ ::l It' () n \\J " .... - -- - a: CJ ~ co co 1-"""" <( (/J ci ci z a: ("') C") ::::) m w a.. ("') a.. C'J co 1'- co Q) ()) ()) C\J C\J C\J ilG3 !,]4 DOS I"OLK CO r)UI<CHASI~ 08" a rTl 011-01-2006 1/1;J Au- just 1, 2006 BOARD OF COUNTY COMMISSIONERS POLK COUNTY, FLORIDA AD[)ENDUM #4 BID #06-133 PIPE BURSTII\JG REHABiliTATION - Thi 5 addendum is issued to clarify, add' 0, revise and/or delete items of the Contract Documents for this work. This Addendum is a part of the Contract Documents 'and acknowledgment of its rec 3ipt shall be noted on the Addendul n and the Proposal Form. This addendum consists of 12 Jage(s), - Inf( Irmation contained within this addl mdum: information for clarification and revised Bid Sh, lets. No further questions will be answerec I. ell w 9lew.iJ Ch is Rewis COI )tract Specialist PUI chasing Division - THIS ADDENDUM SHEET MUST BE SIGNED AND FAXED TO a€3-534-0055. THIS IS THE ONLY ACKNOWLEDGMENT REQUIRED. - Ci~ "'......:~~ .....~. ~-J'/-/ 4/ / J...A'"././" \. ....--/''/ ."..-,_. ~_ v'8 laIUI~. ,. ---(.....--.... ~., ~~~~-"""'"-- "----'" . 'A Prillted Name: /5:// / /t.-Un4J Titl'l: t/?~"'~r~ ,/ ' COI npany: /C.,/ /c:~-T'"/-y', ~ /7 C . / rPt,-'~r"jl:_:,i':11 IrlE Ci ~_ -' ,j I>', rIAt'1t': I '-E-'~' , ..:..- I-L::.. Ir~\::::"i/) l ;:::- ,'\" =:[=,=:701 t]':,21 r~~L ::,E, ::~"C1: !::'2: SEP, H =:;:;:"j- DATE, Tli'IIE 08 01 el'j': ~;D FA>:: t,jCI. itj;,-\r,'IE 53 005"', DURATIIJH 00 00:20 PAGE '~'3;' 01 RESULT cn< !':lDDE 3T Ar'IDAF'L' ECH .-----..-..--.-----...---- - --- -~----~--~~-... ~_.._----~--~-~--_.--_._~--_._- 863 53~ 005' POLK CO PURCllASlt 08~ am 08-01-2006 ;> /1 2 ( BID 06-'133, PIPE BURSTING REHABILITATION ADDENDUM #4 Th'l following bid items are not availablE in the market and are deleted from the bid sheets: Itern no. 132 "Pipe Bursting with SDR rT HOPE DIPS for Pressure Systems 32" Diameter' Itel n no. 145 "Pipe Bursting with SDR 1 f HOPE DIPS for Pressure Systems 32" Diameter" ltern no, 146 "Pipe Bursting with SDR 1 f HOPE DIPS for Pressure Systems 36'; Diamete/J' Iter n nos. 184 to 188 2" by 18" electrofu: iion, self-tapping saddle up to 2" by 36" fl) u '"" ..... QJ Q. 0.. 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II) II) II) II) C r:: c c OJ ,., """'" v, _ l:g .". ~ 10 ~ 0 0 OJ c c c c '-'';'' '';'''';'' c: -eel ..- 0 0 "-CJ -1/1-- .2 g tl ...., 0 0 ...... .... ..... jj .- 0- .- -- ..,.!... ~ .......- __..-0 n _ _ 0 a; m :;'! -= :r: :c ';;. .... .,=. = = ~ 0 cD cD <b w .~ ~ .~ ~ ~ 0 ~ ~- = g '0 (5 ~ ~ w()~~ro~~ro o~~~~o..o..o..o.. ~woo~~ ~O~~ Il. II: CJ z i= ~mmmmm ~~~~~~~~ ~~~~ ~ ~ < ~ ~C")C')C')C")C") C\I(\JNNC\lC\lC\I~ c.oc.oc.oc.o 0 0 Z II: C\I(\JNNNN(\J~ C")C")C")C") C") C") -.. -' CD W 0.. co m 0 ~ N a.. N N C") C") C') ~~c.omo..- NC')'<tlDlO~c.o~ O~NC") '<t lD 10 D~lDlDlOlO COIOCOCOCOCOCOD ~~~~ ~ ~ ~ ~NNNNN NNNNNNN~ NNNC\I N N N ,June 28, 2006 BOARD OF COUNTY COMMISSIONERS POLK COUNTY, FLORIDA ADDENDUM #1 BID #06-133 PIPE BURSTING REHABiliTATION This addendum is issued to clarify, add to, revise and/or delete items of the Contract Documents for this work. This Addendum is a part of the Contract Documents and acknowledgment of its receipt shall be noted on the Addendum and the Proposal Form. This addendum consists of i page(s). ~ -" Bid receiving date now reads Wednesday, July 12, 2006, prior to 2:00 p.m. Bid receiving date is changed to read Wednesday, July 26, 2006, prior to 2:00 p.m. Chris CR.~wis Chris Rewis Contract Speciaiist Purchasing Division -,",.~ - .' ~-'" '"- -". .'''''''' '........ ._....~.__..,,_._-,:_'-,;,..,~. ,,"-.-c'.._~....-, ,"_~.,","""'. ~,...,,~ THIS ADDENDUM SHEET MUST BE SIGNED AND RETURNED TO THE PURCHASING DIVISION. YOU MAY FAX IT TO 863-534-0055. THIS IS THE ONLY ACKNOWLEDGMENT REQUIRED. Signature: ?t://~ /~ tz~ j Printed Name: /!3/// /ZOJ-7-74'-S- Title: "y4' t ~ {-,--eh J /51'7;, /. v A' ~I ~ Company: ({II e/J.'l r-llv{ J/;/ (' ,I I TRAt,JSt'..l I 55 IIJH '../EF: I F I e:A T I DH FEF'DFT nt"1E 05/28/2005 09:10 "lAt,,'lE : I<ILLEBRE\~ HIe: FA>< 8E:.37f31 0521 TEL 8 E:.::: 701 027::: SER,# : BROL4J157450 DATE, TH'lE OS/28 0'3: 10 F 14>< ~jiJ, /HAI'I1E 5340055 DUF:ATICIf.j. 00: IJO: 21 PAGE(S) 01 RESULT iJ~< HDDE :3T AriDARD ECH ~ ',.' ~Qd The Performance and Payments bonds wil! be issued UII rellewabie lT~~ i .'\>l,c 1~-:r;r;<rJ Co' If; ) It" PIPE BURSTING AEHA8111T ATlON BID #06-133 BID BOND E:xecuted in :', CountelD"rIS KNOW ALL MEN BY THESE PRESENTS, that we _.Killebrew, Inc. .,---".....- (hereinafter called the PrincipElI) and -.. United Fir~~Casual.ty_Company jllerei na fte r called the Surety), a Corporation chartered and existing under the Laws of the Slate at ~~~ and authorized to do business in the State o! FlOrida, are held and firmly bound unto the Board of County Commissions, Polk County, Florida, in the full and iust sum ::;1 Ten Thousan?and 00/1 00 ------------------~~--------h----=-_~~~dolla rs ($ 10,000.00 -- I good ard lawful money of the United States or America, to be paid upon demand of tl1e County, to whicl payment will and truly be made. we bind ourselves, our heirs, execulors administraiors SUCcessors, and assigned jointly and severa/ry and firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted to the County, a Bid Proposa' for the purpose of .~Id #06-2..3}, Pipe Bursting Rehabilit~tion -~-- WHEREAS, the Principal desires to file this Bond in lieu of a certiFied Bidder's check othervvise required \0 accompony this Bid Proposal, NOW THEREFORE, the conditions of this obligation are such if the Bid Proposal IS accepted the Principal shall, within ten (10) days after the date of receipt of written Notice of Award of Contract execute a Contract in accordance with the Bid Proposal and upon lhe terms, conditions and price set forth therein, in the form and manner contained in the Contract. Documents and execute a sufficient and satisfactory Contract documents and execute a Perlormance and Payment Bond payable to Counly, in the amount of 100 percent (100%) of the total Contract Price, in form and with surety satisfactory to said County, then this obligation to be void, othervvise to be and remain in full force and virtue in law, and the surety shall, upon failure of the Principal to comply with any Or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid County, upon demand, the amount of this Bond, in gOod and lawful money of the United Stat&s of America, not as a penalty, but as liquidated damages. In the evenl the numerical expression is omitted or expressed as less.thanfi\!e percent (')%) of .'/.. tc' -\ uie ;Jr !;::c; , lhis figure Shall be assumed 10 be erroneously stated and lhis bid shall be binding upon the Principal and Surely in the amount of five percent (5%) of the total bid price IN TESTlMONY THEREOF, Ihe Principal and Surety have caused these presents 10 be duly signed and sealed thisc 12th q, day of u ,_ July _______ 20 ~'_' - 4-1 , PIPE BURSTING REHABILITATION BID #06.133 ATTEST: PRINCIPAL: Killebre.~l.lne, ___.___ .._- BY: (SEAL) Witness Authorized Signature (Principal) .... ._....~.-.... ...'.___.0..____._._ -.'.. .......- ".-.--.-- Witness Printed Name --.....-... ..-..-.-. . Title of Person Signing Above ATTEST: SURETY: ,United Fire & Cas~,altYSor1!.p.~!:ly..,......_ 118 Second Avenue SE .-..........--....... ~.~dar Raeid~-'-Iowa 52401 ----.-.--.--.......... BY: xxxxxxxxxxxxx~~~_(SEAL) Witness Jan Carey Authorized Signature -.. .... .-_...." --... ---- ... Witness Leslie Donahue Printed Name ..--_....-...-~~,-- BY: (SEAL) Witness Patsy Slaughter (Attorney in Fact) & Fl Lie, Resident Agent Teresa L. Durham* (407) 786-7770 -'--'. - "--'-. Witness Debbie Mahl Printed Name *Florida Surety Bonds, Inc, 620 N, Wymore Road, Suit~.200 Business Address Maitland, Florida 32751 -.', NOTES: 1, Write in the dollar amount of the bond which must be at least five percent (5%) of the total of the Base Bid included in the Proposal. 2. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 3. Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified and eifectiveiy dated copy of their power of attorney. 45 '-~-~-"---~- i:;t~.;;.-t.'(: .(:.f Fi,Jrh"ln Ul~ TEHESA LYNN DURHAM Ucense Number 0015373 .'; ~ 1'-; l'f;",t:~. ;( I ! Hf,"~!l.'::" '\'.[ i~OLll)v..""tl~ ....!-,'..-.I.......- :'l'.t~'1.,::;;' L ;~;,~~ ~ . ;~;:: S~DE~r; ._:CE,\~.~~.E .~. ':'":>.\ :~; r '\~ ~' "J .-, - .. ti,;~, ;'JCI /..~,," Teresa L. Durham License Number 0015373 Cut along the outer border and affix this label to your sealed bid envelope to identify it as a "Sealed Bid", Be sure to include the name of the company submitting the bid where requested. :........................... .................................. .................. ............... ................................................................... .............. .... ..................." ...............~ : : ! SEALED 810 . DO NOT OPEN j i I ! SEALED BID NO.: 06-133 f : : i ~ . . I BID TITLE: Pipe Burstinq Rehabilitation I i f1u.j li. $I lG,:I DCG ! 1 DUE DATEfrlME:Wednesdav ,dul',' 11, 20Q6 prior to 2:00 p.rn, 1 ! SUBMITTED BY: KILLEBREW, INC. ! i (Name of Company) I i I i : i i DELIVER TO: PURCHASING DIVISION l ! 2470 Clower Lane 1 I. Bartow, Florida 33830 I I I 1 i \.......................................................................................................................................................................................................................: POLK COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Division W.A. "Buddy" Storey Purchasing Director Bid #06-133 PIPE BURSTING REHABILITATION Sealed bids will be received in the Purchasing Division, prior to 2:00p.m, July 12, 2006. Bids will be opened at 2:00p.m., July 12, 2006. Attached are important instructions and specifications regarding responses to this Bid Failure to follow these instructions could result in Bid disqualification. Questions regarding this bid should be in writing and should reference the above Bid number. Submit all questions to Chris Rewis, Contract Specialist, via E-mail chrisrewis@polk-county.net or fax (863) 534-0055. , Bids may be mailed, express mailed or hand delivered to: Purchasing Division 2470 Clower Lane Bartow, Florida 33830 (863) 534-5610 STATEMENT OF NO BID If you do not intend to submit a bid, please complete the information below and return to the Purchasing Division via fax or mail. If returning by mail. please hec;uro tf--],cJ hid numoer and title are clearly marked on the front of the envelope. ( )Insufficient time to respond ( )Unable to meet specifications ( )00 not offer this product ( )Unable to meet bond/Insurance requirements ( )Specifications unclear ( )Schedule would not permit us to perform ( )Specifications too Restrictive ( )Other (please specify below) ---~--~-- Company Name: Date: --~-~_._._- Telephone Number: Signature:__ . ' INSURANCE '(SUBMITTAL PAGE) Bidder fully understands the insurance requirements for the project and can meet the County's insurance requirements, Company Name Bidder (signature) By signing below I hereby verify that the company named above has insurance coverage that meets all of the requirements as stated in Bid # 06-133 and summarized in the following bullet points, . Insurer licensed to do business in the State of Florida . Rated A VIII or better by A.M, Best Rating Company (Workers Compensation, General and Automobile policies) . Polk County will be named as an additional insured for general and automobile liability . 30-day written notice of cancellation and a 15-day written notice of non-payment . Policies contain waiver of subrogation as against Polk County Insurance Agent (signature) Printed Name Telephone Number 13 Date: 6/9/2008 Time: 10:35 AM To Lombardi, Tony @ 15617426298 Page: 2 --.___.____._____,.,_'.~'_.h______.._ _,__.._._. __^.____._ ... ACORD , DAT~ (MMlDD~,'N't, CERTIFICATE OF LIABILITY INSURANCE ,. 06/09/2008 PRODUCER (863)688-5495 FAX (863)688-4344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I He~ndon & Associates Insu~ance, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I 91 Lake Morton Dr AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW, j Lakeland, FL 33802 --j INSURERS AFFORDING COVERAGE NAIC# INSUR~D K;llebrew Inc !1'i':I_' t::. ':;;., FCCI Conrnerc;al Ins, Co I POBox 6258 :,r:. FFVA Mutual Insurance Co Lakeland, FL 33807-6258 _I' _..~------. I'I"_',~I - I .----.,-- . ----_.~ J:: __ I I ii',:""'! i~":: r- ."-- _..._._--_.".~--, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOV\IN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TYP~ OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~f.I E~RATlON ! LIMITS L TR NSR DATE MIOD G~NERAL LIABILITY CPPOO049772 06/22/2008 06/22/2009 I CAC.H '.)'_,:.,'-"!iit:I.".~ j: 1.000 000 ffiMMt:I.!,..II'L '.,t:I"~ !A.. LlAI:lILlI '{ UAMAI~',t:. ,U I ,'t=.illl t:.u I i 50,00 F'~rMI'~~r:.~ (r.~ OCTI 'I'" I,'H ~ "' """ -" 0' ",w, i Iv1rr\ n/p (/"IV 5,000 A : X Ded $1000 Per Occ i ~ rt::':-';(II\j/\i ?, 1 000 00 I Ded. appl. Prope~t I i' 2,000,00 ':.!::."i'LA,_",.I.'t:'-,."-It: LlMII AI 'I 'Llt:',', ,'!::.I,' I 1'1 ';,'L,;..li._ i ':',- 2,000,000 I 'l'ln. I ' X I ,Ire'". , I (Ie I -----j I AUTOMOBIL~ LIABILITY CAOO05997 06/22/2008 06/22/2009 _-",",tv1nINrr_, :;It-J(:;.... Ik,'~ 1 , 000 , 0001 H ~"""" (bi ~"JI)::il:l~nt: ,~:.! iWvl:rr, ~IIT'~ I ;.,:" i Irrtlll r:IT"l;-'; -,-~ A ~ I X i HI!.'~L' ."lU '," I i I ; X i :'.!I'A,i-.')WH::.U A'J II)': _.u~ ~ Ded $1000 X Colll' ' I VI) '!::.: Y L,AM"'.,~ I X Coll. Ded $1000 i IF'::I ;~, , leiel ,I, i 1.,." i.'A,IL I . ~." "I:. UDt:!,11 : r ___ un _ _-j .A.NY)l,UIU !::.AA.'. i j .._----j I -------1 N'".: I % ~XCESSIUMBRELLA LIABILITY UMB0003186! 06/22/2008 06/22/2009 I 'f 5 000 000 ~"",,'.'I D ..."lIM!"M"lDt: " 't:....A:~ i 5,000,000 A -,',rr,ll ,ICTlril r i ---------i Rrrnm".l,J I i WC84000178172006A, 06/01/2008 06/01/2009 -u.----1 WORK~RS COMPENSATION AND EMPLOYERS' LIABILITY 500 000 B ANY I 11'>fJI ll<I=! (ANI 'AJ? I Nl:.I,I./t::.>:.::,I.',U I'Vt: (lrrl-rl=:.'/MrMnrl=.' rxc-: ll~.\r""J'~' .. r: :-.F..'\:;r ....,\ n1F'1 ",I'("T~ 'f 500,000 I' V(" dl~~iClih,' I)(I()CI .. :', -.;i'""",/'..;;r ::;"-.\1 I!~.! I i'/I:T ' J .__ 500, 000 i ,':/'t:.'.'_:IAL Ill,)UVI::'.I\Jr\r:; t.~I')V\, OTHER $500,000 Rented & Leased 06/22/2008 06/22/2009 Ded $1000 A ,Equ; pment CPPOO04977 u____~ DESCRIPTION OF OPERATIONS (LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS i i I I SHOULD ANY OF TH~ ABOVE DESCRIBED POLICIES BE CANCELL~D BEFOR~ TH~ , I ~XPIRATlON DATE THEREOF, TH~ ISSUING INSURER WILL ~ND~A\lOR TO MAIL I ....1.Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT I City of Boynton Beach i BUT FAILURE TO MAIL SUCH NOTIC~ SHALL IMPOSt; NO OBLIGATION OR L1ABILlT" ! Tony Lomba~di i POBox 310 OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. --------1 Boynton Beach, FL 33425-0310 AUTHORIZED REPRESENTATIVE ,yJ<~~_.?/ /<~. Gerald PowelljBETTY ACORD 25 (2001/08) FAX: 561.742.6298 @ACORDCORPORATION 1988 w. A. "Buddy" Storey, Jr., CPPB 2470 Clower Lane Director Bartow, Florida 33830-9005 Purchasing Division Phone: (863) 534-5610 Fax: (863) 534-0055 February 1,2008 VIA EMAIL ONL Y Mr. William C. Thomas, IV Killebrew, Inc, PO Box 6258 Lakeland, FL 33807-6258 Subject: Bid #06-133, Pipe Bursting Rehabilitation Dear Mr. Thomas: This letter is to notify you that the Purchasing Director has extended the above referenced bid at the same terms and conditions. The period of performance will extend through April 30, 2009. If you have any questions, please feel free to contact me at (863) 534-5610, Sincerely, ~~ Christine Rewis, CPPB, FCCM Contract Specialist fear Enclosure cc: Tim Todd, Utilities Capital Projects Dawna Thompson, Finance and Accounting Bid File #06-133 i~?~/::;; ..... \V.A. "Buddy" Storey, Jf. ill 2470 Clower Leu. ,I!~'i '. Bartow, FL 33830 Director i.llll" _m"\. I Purchasing Division <t~ <~, Phone: (863' .s:Q.561 (1 Fax: ;',')4 .005:' Board 0/ County CommL'lsioners www.polk-(c1lJTlIV.llC! Februarv 27, 2007 Mr. William C. Thomas, IV Killebrew, Inc. PO Box 6258 Lakeland, FL 33807-6258 Subject: Bid #06-133, Pipe Bursting Rehabilitation Dear Mr. Thomas: This letter is to officially notify you that the Polk County Board of County Commissioners has agreed to extend the above-referenced bid for another contract period at the same terms and conditions. The contract period will be May 1,2007 through April 30, 2008. If you have any questions, please feel free to contact me at (863) 534-5610 Sincerely, ~~ ~Ilris Rewis Contract Specialist CR/cp cc: Tim Todd, Utilities Technical Services Dawna Thompson, Finance and Accounting Bid File #06-133 " , W,A. "Buddy" Storey, Jr. f / r "": 1 \ 24'10 Clower Lane Bartow, FL 33830 Director \' \Ii';"'"", ) Phone: .(863) 534-5610 Purchasing Division \J~,:2'~_,~/ Fax; (863) 534-0055 Board if COUf/ty Commissiont:rs www.polk-cOUIlty,net BID 06-133 PIPE BURSTING REHABILIT A TION SIGNATURE ACKNOWLEDGEMENT (SUBMITTAL PAGE) To Polk County, a Political Subdivision of the State of Florida Date: AUGUST IS, 2006 I certify that this bid is made without prior understanding, agreement or connection any corporation, firm or person submitting a bid for the same construction, service or mate and is in all respects fair and without collusion or fraud. 'agree to abide by all conditions of thiS bid and certify that I have read and understand the bidding documents. I have completed and submitted all bid submittal forms, and I am authorized to sign this bid for the bidder. in submitting a bid to the County, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the County all rights, titles and interests in and 10 all causes of action it may now or hereafter acquire under the Anti-Trust Laws of the United States and the State of Florida for price fixing relating to the particular commodities or s(~rVlces purchased or acquired by the County. At the County's discretion, such assignment shall be made and become effective at the time the County tenders final payment to the bidder. KILLEBREW, INC. ~~c.~4.=- I!} ... VENDOR NAME AUTHORIZED SIGNATURE (MANUAU P.o. BOX 6258 WILLIAM C. THOMAS IV MAILING ADDRESS NAME (TYPED OR PRINTED) LAKELAND, FL. 33807-6258 VICE PRESIDENT --~.-.- CITY, STATE AND ZIP CODE TITLE (TYPED OR PRINTED) 863"":701-0273 N/p. (AREA CODE) TELEPHONE NUMBER TOLL FREE NUMBER 863-701-9204 bill@killebrewinc.net (AREA CODE) FAX NUMBER E-MAIL ADDRESS This bid may be used by any other Government Agency. [x 1 YES [ J NO [ ] N/A A Polk County Purchasing Card will be accepted as method of payment. [ ] YES [x] NO Ci DRUG-FREE WORKPLACE FORM (SUBMITTAL PAGE) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that KILLEBREW, INC. does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation programs, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a. copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the em'ployee will abide by the terms of the statement and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the' United States or any state, for a violation occurring 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 faith effort to continue to maintain a drug-free 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. ~L-C--,~~~ Bidder's Signature AUGUST 15, 2006 Date 10 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER (SUBMITTAL PAGE) State of FLORIDA ) County of POLK \ ) WILLIAM C. THOMAS IV 1[1 Cl Irst ---_.~-----~ - --"- duly swom, deposes aild says that. 1 . He/she is V I CE PRES IDENT of KILLEBREW, INC. t'le Ndder that has submitted the attached Bid; ---~_.__._~"-----------_...-.. 2. He/she is furJy informed respecting the preparation and contents of the attached Bid and of arJ pertinent circumstance respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidders nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way corJuded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion of communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid of any other Bidder, or to fix any overhead, profit or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are f,qir and !Jrop9r S:lG are rnt tEl!r:ted by allY coiJuslon, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed:. ~~ C--'~/ ~ ~I- - -- _._._----~ WILLIAM C. THOMAS IV Title: VICE PRESIDENT ----._------ "-'.-.---- f\ 15th day of AUGUST ,2006 -_. "-~- D. LORI CHANEY ------._- - - _..---,---.- NOTA -----~_..__._-----_._---.,--_.- (Title) My Commission Expires: AUGUST 1, 2010 ~ D.LO~CHANEV P. , Notary Public, State of Florida l My comm. expires Aug. 1, 2010 " Comm, No. DO 577214 11 07/10/2005 14:29 8537010521 KILLEBREW INC PAGE 03 , INSURANCE .' (SUBMITTAL PAGE) /" Bidder fully understands the insurance requirements for the project and can meet the County's insurance requirements. KILLEBREW, INC. Company Name ~ Bidder (signature) By signing below I hereby verify that the company named above has insurance coverage that meets all at the requirements as stated in Bid # 06-133 and summarized il:J the.following bullet points: . Insurer licensed to do busln.ess.ln the State of Florida . ~ated A VIII or better by A.M. Best f3ating Company (Workers Compensation, General and Automobil~ policies) .' . Polk County will be named as an additional insured for general and automobile liability . 30-day written notice of cancellation and a 15-day written notice of non-payment . Policies contain waiver of subrogation as against Polk County ~ ' ?/:- .~,~ --0/ ,/'- . / .--....--.c-- Insurance Agent (signature) A,- &c:--~ r:/ ~ L-VC // - Printed Name /?6r'J._ 6' t9t9 -- S- Y/y.:s Telephone Number 13 - --.-._-------~.~---_.._~'^ -..~-~._-~-_._-- .~----- -_.~._--._-._- ACORD CERTIFICAT~ OF LIABILITY INSURA~"SE 1M ___'_H__'__ , PROOUCER' (863)688-5495 .__.__...._-~.._._~-- --'-'--" _._-~----- FAX Cv.,3)688-4344 THIS CERTIFICATE I::> ISSUED AS A MATTER OF !NFORMATlm Herndon & Associates Insurance, LLC ONl Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE 91 lake ~10rton Dr. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 0 Al TER TtLE:_c::OVJ~~AGE_,II,FFO_f3QED J:)YTtli::POliCI!::S BEL.l Lakeland, FL 33802 , INSURERS AFFORDING COVERAGE '4 I~IC; Ii INSURED Killebrew Inc --~-- _u_ --i----------.- ______. i'~~URER A FCCI --~-_._----- POBox 6258 INSl;RER B FFVA Mutual Insurance Co Lakeland, FL 33807-6258 -_._--~--_.~._--~ . .__.~-~----.. ." -----_..------- ---~-----,,--- -.-- ~- --_._~---_._--_.~ u.___ _ __ __ ___..___..___...._.___ INsur,ER F -------.-----.- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. HOTWITHSTN--JDII--JC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC:\TE MAY 8E 'SSUED OR Ml'.Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND' 'IONS OF POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' POLICY EFFECTIVE POLICY EXPIRATION ---.-.------.-----.------ TYPE OF INSURANCE POLICY NUMBER LIMITS 06/22/2006 06/22/2007 ""------ -----~----- GENERAL LIABILITY CPPOO04977 EACH OCCURRENCE . !,OOO,OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50,000 CLAIMS MADE [8] OCCUR PRI=f.t1I~!="~ (f=::. nrrllrpnrp) "---.-.------- I MED EXP (Anyone person) ~-~~Q A X Oed $1000 Per acc ! PERSONAl & ADV INJUR:;- .!..... 000, ()OO I-.--_~~~---- Oed. appl. Propert i GENERAL AGGREGATE ~; ___L,OOO,jlQ() : f'RODUCTS - COMP/or /\GI' ' . ?..Q_O.O, 000 "- --~---_.~---_.~.~_._._----. LOC I CAOO05997 06/22/20061 06/22/2007/ COMBINE~-~IN~~~~~I:: (Ea aCCident) !,_Q().Q_,_ 0..991 ' ,----~~_______.___, _u____ __...._____ I I BODILY INJURY A SCHEDULED AUTOS j {Per person 1 \------------.-- -- - ...--- X HIRED AUTOS i I BODILY INJURY X NON-OWNED AUTOS I (Per accident) I -----~."---- X Compo Ded $1000 I I PROPERTY DAM/IGE X Coll. Oed $1000 I (Per aceldenl) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ANY AUTO I OTHER THAN AUTO ONLY: I EXCESS/UMBRELLA LIABILITY UMBOOO3186 06/22/2006 06/22/2007 EACH OCCURRENCE -- _L ~~~:~~~j 1 o CLAIMS MADE X OCCUR AGGREGATE A I W DEDUCTIBLE I i I , ,~E~-;'::j~.,-.0r" . WORKERS COMPENSATION AND WC84000178172006A 06/0l/2006 06/01/2007 X EMPLOYERS' LIABILITY ____500,0061 B ANY PROPRIETOR/PARTNER/EXECUTIVE I OF FICER/MEMBER EXCLUDED? i i E.L. DISEASE - EA EMPLOYEE' $ 500,000 If yes, describe under I ! SP ECIAL PROVISIONS below I I E.L. DISEASE - POLICY LIMIT i $ 500,000 ----------+-~---- ! ---- --_._~-- OTHER $500,000 Rerlted & Leased CPPOO04977 06/22/2006 i 06/22/2007 Oed $IOOO A Equipment ._~_.,------- DESCRIP,ION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS an additional i nsured w-~ t olk County a political subdivision of State of Florida is named as espect to General & Automobile Liability arislng from the work performed as described in id #06-133 J Pipe Bursting Rehabilitation. Waiver of Subrogation applies to Workers Comp, Automobile, General Liability. -_..-_._--~.-._..__..^._. CERTIFICATE HOLDE CAN CELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I Polk County a political subdivision EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL of the State of Florida 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Audry Aroney Reeves BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Drawer ASOS P a Box 9005 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Bartow, FL 33831 AUTHORIZED REPRESENTATIVE .-7 4~/ Gerald Powell/BETTY ,,/...~ ACORD 25 (2001/08) @ACORD CORPORATION 1988 'PIPE BURSTING REHABILITATION BID #06-133 SAFETY REQUIREMENTS/REGULATION FORM Bidder must sign and have notarized either Statement as it applies to their firm. The undersigned bidder hereby certifies that, upon request from the County, the contractor can provide a copy of their firm's OSHA 200 Log for the past three (3) years, a copy of the Worker's Compensation Modification Rate; a copy of the Contractor's Safety and Health Program and a copy. of the Contractor's Drug Free Workplace Program. Dated this 15th day of AUGUST 2006 , d7 ~ // ~ Name of Firm KILLEBREW, INC. ~--v--(~.~..}~,. By WILLIAM C. THOMAS IV VICE PRESIDENT Title of Person Signing ,''iJo;;.~':''',,~ D.LOR! CHANEY (SEAL) iW:r. Notary Public. State '\1f Florida . ~ . I SWORN TO AND SUBSCRIBED BEFORE ME \:. ~ My comm. expires Aug. 1, 2010 '{q!..':S.~ Comm. No. DD 577214 This 15th d~UGUST ,2006 D. LORI CHANEY Notary Public: t. .. J~ ~~dA Q'~ . My Commission Expires: AUGUST 1, 2010 The undersigned bidder hereby certifies that their firm employs less than (9) employees and as such does not fall under the Occupational Safety and Health Administration (OSHA) Regulations as interpreted by OSHA. Dated this day of ,20 j-.idIne 01 Firm By Title of Person Signing (SEAL) SWORN TO AND SUBSCRI BED BEFORE ME This day of ,20 Notary Public: My Commission Expires: 43 The Performance and Payments bonds wil! be issueo a:iIlually renewable basis PIPE BURSTING AEHA81L1T ATJON BID #06-133 BID BOND Executed in 3 Counteroarts KNOW ALL MEN BY THESE PRESENTS, that we _.Killebrew, Inc. ___ '__ (he reinafter called the Principal) and -'" United Fir~~Casual~y. Compa~.___.(llereinafter called the Surety), a Corporation chartered and existing under the Laws of the State ot ~~a and authorized to do business in the State or Florida, are held and firmly bound unto the Board of County Commissions, Polk County, Florida, In the lull ana lust sum Ten Thousan?and 00/1 00 -=:----------------~~---.---m----::-_~.-.::.==_d 0 Ila rs ($ 10,000.00 --) good arc lawful money of the United States 01 America, to be paid upon demand of ti,e County, t8 whic payment will and truly be made, we bind ourselves, our heirs, execulors admi'listralcr:: successors, and assigned jointly and severally C\nd firmly by these presents WHEREAS, the Principal is about to submit, or has submitted to the County, a Bid Proposal for the purpose ofE?id #06-2.3.3, Pipe Bursting Rehabilit,9tion -.-- WHEREAS, the Principal desires to file this Bond in lieu of a certified Bidder's check othervV;se required 10 accompany this Bid Proposal, NOW THEREFORE, the conditions of this obflgation are such if the Bid Proposal IS accepted the Principal shall, within ten (10) days alter the date of receipt of written Notice of Award Of Contract execute a Contract in accordance with the Bid Proposal and u.pon the terms, conditions and price set forth therein, in the form and manner contained in the ContraD1 Documents and execute a sufficient and satisfactory Contract documents and execute () Perrormance and Payment Bond payable to County, in the amount of 100 percent (100%) of the total Contract Price, in form and with surety satisfactory to said County, then this obligation to be void, otherwise to be and remain in lull force and virtue In law, and the surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid County, upon demand, the amount of this Bond, in gOod and lawful money of the United States of America. not as a penalty, but as liquidated damages. . :-,~ the ;iumerical expression is umltted or 8xfJieSsed as less than five percent (5%) of the total bid price, this figure shall be assumed to be erroneously stated and this bid shall bE binding upon the Principal and Surety in the amount of five percent (5%) of the total bid price IN TESTIMONY THEREOF, the PrinCipal and Surety have caused these presents to be dulv signed and sealed this. 12th .. day 01._ __ July .___~ 20 .QQ._ ~ 41 PIPE:' BURSTING REHABILITATION BID #06-133 A TXES ~ A f PRINCIPAL: ,._ Killebre~.!..lnc. _______ , I BY: Authorized Signature ~~ iOi II "C<.nt [. 11-1 c!.21LL>-.....~__ Printed Name \/, p~. 'j -r-' J iCe,. {<.. ( s.. I c: 2.n _._... .__. .._. . Title 01 Person Signing Above ATTEST: SURETY: .United Fire & Cas.!:!.altySoTT!.p.~0Y........_ 118 Second Avenue SE ._....~.....-_........ ~~dar Raeid~!_lowa 52401 Wil~ ~a~--"" BY: XXXXXXXXXXXXXXXX~~__(SEAL) Authorized Signature ~~ - --'-"~----'--~"-~- _.- Witness Leslie Donahue Printed Name ~~{s &..~~ Sl~-~'~ht~~-- BY: ~~,~lAu-rrsEAl) (Attorney in Fact) & FL Lic, Resident Agent t:lAL LfAoJL.. Teresa L. Durham* (407) 786-7770 .'--'-. Witness Debbie Mahl Printed Name *Florida Surety Bonds, Inc. 620 N. Wymore Road, Suit~,200 Business Address !.:1aitland, F!orida 32751 -.". NOTES: ,. Write in the dollar amount of the bond which must be at least live percent (5%) of the total of the Base Bid included in the Proposal. 2, All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 3. Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power of attorney, 45 r----..------.--- ! ~., \ l.& ::..~_~_ .'.'f, f.( :U J' :j:"I~:; ['iJ.4.~ TERESA LYNN DUHHAM 'l-,"'-."'~-" ',' License Numher 0015373 ;: ~" :"7. " .! 's ;kH,,:;.:r; H, "~~.J..~1.::'1 THI.~ f:)~.V)Y'"'~:; IS .*, l .~~.." >".' ". 'CJ -:7;:.f,::= :y~DE' , Teresa L, Durham License Number 0015373 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDARRAPIDS, IOWA -..i:RTlFIED COPY OF POWER OF ATTORNEY (Original on fileat Home Office Of Company - See Certification) ......... :...... ..:' By~q~ Vice President BON~0019 080201 SE 1fT ::; ')1 FLORIDA SUn~TY BONDS; '. 70C] 77i~~r' . /" ,"\,.-.. F.lC)RidA (,20 [\,. \VVj~O;,[ f<();\(Jc rvbil~Nd, Fi ; 2 ; j "lD 7, 7.'ll),,:' In h" 4{) 7 ,1IU,. 7 SURETY 4} 5 S. RidCjEWOOd AilE., SuirE 205 DAyrON~ BEACH, FL 321 ) 'f )86,898,0507 ONds,.'NC. FAx) B6,1l9(l.051C) B5ll-Jab,BOND (2b6!) FAX 888-711J-!30ND (26Id) \VWW. FI.ORidASt! lIt lyBu"rj J. U ':,: Custome,' Quota Ptirtt D~tt;l; 06/27/2006 PrInciple: ~ illebrew, Inc, Phone #: (863) 701.0273 Address: 2330 Winter Lake Road Fax #: (863) 701.9204 POBox 6258, Lak91and,FL 33807.6258 L ak91and,FL 33803- Su rety: United FIre .& Casualty Company E ond Amount: $200,000 Malnt. Amount: $ Term: o yr(s) Rate Cat. Ccntract Vtlluo Malnt. Value Rate Maint f :ate Premium Malnt. Pram, Fo r Flrst $100,000 $ $25.000 $2. iOO $2,500.00 $0.00 For Next $100,000 $ $.15,000 $2.. ~50 $1,500,00 $0.00 For Next $ $ $10.000 $2.,100 $0.00 $0,00 For Next $ $ $7.500 $1. '50 $0.00 $0.00 For Next $ $ $7.000 $1. iOO $0.00 ~o.oo "'O( OVer $ $ $6.500 $1.WO $0.00 $0.00 BlOnd Praml Jm: $4.000,00 Maint. Pramium: $0.00 Surcharge F tetmium: $.00 t(lI1Jntucky SlIrc;harge: $.00 , Tot<ll Premhfm: $4,000.00 '~~ 4JVOIl1t4WA/~ Ai" .,'a~"/!~"'\H;\!Jir;! .~:<i';i,~,,,;r;.I';.I'i',::'::;"':iwjk,*i\l}' CEN,7i,?E :ir,-c' ~i!s.~...!,1r '" . '. l'J.ti ';.: . ......, "':..~,' .,~".:,:,.P~'I~.'.I,1 ".'""~",:,,,,,'1'.:"'~' .!!.."J.' __I'_I,;.".,,~;l!.;:;...; ." . ,I :lI' SVENSTRUP.DK APRIL 03 This cerificate confirms that the company and authorized employees have been trained on the following: e T40 Pipeburster e T'120 Pipeburster Company: Killebrew, Inc. 4245 Drane Field Road Lakeland, FL 33807-6258, USA Date: 06/24/03 , (US/BURST ALLPIPEJ1N98J000876) Dote: February 24,2000 US$ 6.90 more than 18 inches and up to and :ncluding Parties: US$ 8.90 more than 24 inches and up to and including (1) BG Technology, Inc.("BGTI"). a corporation duly US$ 10.90 more than 30 inches organized and existing under the laws of the State of Delaware whoS<! offices are located at 5444 Westheimer, Suite 1775, Houston, Texas 77056 (the 2.3 If a replacement pipe contains an inner replacement "Licensor"); and pipe then a royalty shall be payable on the outermost replacement pipe only and for the purpose of clause 2.2.2 the outside diameter (2) Killebrew, Inc. . a corporation duly organized and of the replacement pipe shall be that of the outermost replacement existing undeo the laws of the State of Florida whcse pipe (or sleeve pipe). principal address is located at 4245 Dranefield Rd., Lakeland, FL 33811 (the "Licensee"). 2.4 The royalties described in clause 2.2.2 shall be payable only if the Licensee receives payment for Pipe Bursting work canied OPERATIVE PROVISIONS out and shall be calculated as at the date of carrying out the work 1. LICENSE , ROY AL TY ADJUSTMENT ~. 1.1 BGTI grants to the Licensee, a non exclusive License 3.1 BGTI shall be en@ed on December 31 st or as soon as under US patent 4738565 (the "Patent") to carry out any method of practicable after the Index is available:- pipe replacement which falls I'1ithin the scope of any claim of the Patent ("Pipe Bursting') on any pipe in the State of Florida in the 3.1.1 in the year 2000 and each subsequent year to either United States of America (the "Territory'), subject to the provisions of this Agreement. (I) increase the royalties listed in the table in clause 2.2.2 ir, proporiion to the percentage increase 0f any) over the preceding 12 1.2 The Licensee shall not have the right to grant months in the United States Consumer Price Index, AJlltems (the sub-Licenses under this Agreement. 'I ndex'); or 1.3 The Licensee shall have no right or License under the (ii) increase or decrease the royalties and/or vary the bands of Patent except as expressly granted by this Agreement. outside diameter or replacement pipe listed in the table in clause 2.2.2 with the effect that the royalties payable per foot of 2. AMOUNT OF ROYALTY replacement pipe shall be increased or decreased to the extent that in the reasonable opinion of BGTI it considers that the market will 2.1 In consideration of the grant of the License in clause 1, bear such an increase or decrease. the Licensee shall pay to BGTI an administration fee (the "Administration Fee') and royalty payments (the "Royalty 4. SUB-CONTRACTING Payments") set out in clause 2.2 I'1ith effect from [the date of signing]. 4.1 If the Licensee is engaged as a sub-contractor by a third party which is or which claims it is licensed by BGTI to carry out --- :~,'- Li~en,,"6 :;haii Pai to BGrl- Pipe Bursclig, then the uCf::lisee agrees thai thesuo-contral-l carried out for the third party shall be deemed to be canied out by 2.2.1 the Administration Fee of $5,000 for each year or part the Licensee for the purposes of royalty and the Ucensee and not year of this Agreement from the date of signing; the third party shall make Royalty Payments and send Royalty Statements to BGTi under iIlis Agreement The Licensee shall 2.2.2 a royalty calculated in accordance I'1ith the follol'1ing include in the Royalty Statement the name and address of the third table in each year of this Agreement to the extent only that such Party and clearly show which part of the Pipe Bursting referred to in royalty exceeds the Administration Fee paid for the relevant year. the Royalty Statement was canied out by the Licensee for the third party. Royalty per foot of Outside diameter of replacement pipe replacement oloe 4.2 !f lIla Ucensee engages as a sub-contractor a third party installed uslnq installed uslnq which is or which claims it is licensed by BGTI to carry out Pipe Pipe Burstlnq Pipe Burstlnq Bursting then the Ucensee shall, I'1ithout prejudice to its other obligations contained in this Agreemen~ not be obliged to make US$ 2.10 5 inches or less Royalty Payments provided always that in such a case the information which the Ucensee is required to set out in the Royalty US$ 3.22 more than 5 inches and up to and Statement shall be the name and address of the third party and the to and including 12 inches details required under clause 6.1.1 and the Royalty Statement shall clearly show which part of the Pipe Bursting referred to in the US$ 4.45 more than 12 inches and Royalty Statement was carried out for the Licensee by the third up to and including 18 inches party. length and outside diameter of the old pipe replaced using Pipe 5, PAYMENTS Bursting; (vii) the outside diameter of the new replacement pipe installed measured in accordance wiUl clause 2.3 and where such 5.1 The Ucensee shall pay to BGTI the Administration Fee pipe is a sleeve pipe a statement that such pipe is a sleeve pipe; within 14 days of signature and of each subsequent anniversary of (viii) the address of the office of the Ucensee from which the this Agreement contract is being or was administered and the address of the Ucensee at which the books of account and records for the contract 5,2 The Royalty Payments shall become due on the 30th will be kept under clause 6,3 and Ox} the name and address of the day after the end of each period of 3 months ending on December company which supplied (whether by sale, hire or otherwise) the 31st, March 31st, June 30th and September 30th (or any shorter or equipment which the Ucensee used to carry out Pipe Bursting; longer period in the case of the first or last Royally Payment) for contracts or part contracts under which Pipe Bursting is used for 6,1.2 if there has been any change in the basis of royalty, the which any payment is received by the Ucensee during such period royalty scales referred to in clause 2,2.2 as revised from time to of 3 months (or any such shorter or longer period). time under clause 3 which apply to the relevant period of 3 months; 5.3 The Royally Payment shall accompany the Royally 6,1,3 a calculation of the royalties due to 8GTI fOr the relevant Statement notified to 8GTI under clause 6.1. BGTI shall issue the period of 3 months in accordance v.ith this Agreement Ucensee v.ith a receipted invoice following receipt of each Royalty Payment 6,2 Where in any period of 3 months the Ucensee has not used Pipe Bursting the Ucensee shall clearly state this fact in the 5.4 All sums under this Agreement by the Ucensee:- relevant Royalty Statement 5.4,1 shall be paid in full in US dollars (without the deduction 6.3 The Ucensee shall during the continuance of and for a of any set-off by the Ucensee) either direct to 8GTI in cash or by period of three years after the termination or expiry of this cheque or by wire transfer to such bank as 8GTI may notify the Agreement keep true and accurate books of account and records of Ucensee from time to time and shall be deemed to have been paid all matters to which the Royalty Statements relate and shalllrom on the date that sums are received by BGTl or by such bank; time to time at the request of BGTI pennit an employee of 8G11 or an independent auditor or other person appointed by BGTI to whom 5.4.2 shall be paid in full without the deduction of corporate the Ucensee shall have no reasonable objection at any reasonable tax or other taxes, charges and duties that may be imposed, except time during nonnal business hours to inspect and take copies of insofar as the Ucensee is required to deduct the same to comply such books and records as BGTI may consider necessary to with any applicable laws. The parties shall co-operate in all determine the correctness of any Royalty Statement and Royally respects and take all steps necessary to:- Payments or to obtain infonnation as to the amount of royalties payable in the case of failure by the Ucensee to provide a Royally (i) lawfully avoid the making of such deductions; and Statement in full accordance v.ith this clause 6, (ii) take advantage of such double taxation relief 6.4 If any inspection shows that the amount of royalties arrangements as may be aVailable. In the event that the Ucensee shown to be due in any Royally Statement is more than 5O,{, is required to make any such deduction, it shall provide 8GTI with a inaccurate, then the cost of the inspection shall be borne by the certificate or other documentary evidence to enable BGTI to obtain Ucensee and any sum found due from or overpaid by the Ucensee appropriate relief from double taxation of such payment shall be promptiy paid Dr refunded as the case may be. 5,4,3 shall be paid in full by the due date, failing which and 7, TRAINING \'.i~..Cl~ ?mjudkc to any ;,ther right or remedy whicil-BGTI may -... "~_. '-~~.-~'-- , have, BGTI shall be entitled to charge the Ucensee interest on any 7.1 BGTI agrees to provide training for up to 5 employees of outstanding amount on a daily basis (after as well as before the Ucensee at a site in the USA to be named by BGTI for up to 2 judgement) at the rate of 5% per annum above the US Discount consecutive days on dates specified by BGTI within 4 months of the Rate. date of this Agreement in connection with Pipe Bursting. The Ucensee shall bear all travel, subsistence and accommodation 6, RECORDS AND REPORTS expenses incurred by the Ucensee's employees for such training. 6.1 The Ucensee shall notify 8GTl at the time each Royally 8. THE LICENSEE'S OBLIGATIONS Payment is due v.ith a royalty statement ("Royally Statemenr) at the address set out in clause 15.1 in such form as 8GTI may 8,1 The Ucensee shall eosun! that aJlliterature and reasonably require setting out the following information for the promotional material used by the Ucensee which relates to Pipe period of 3 months to which the Royalty Statement relates:- Bursting bears an acknowledgement to the effect that it is protected by 8GTI patents, 6.1,1 for each contract or part contract canied out by the Ucensee utilizing Pipe 8ursting; 0) the owner of the pipe replaced; 8.2 The Ucensee shall secure and maintain sufficient (ii) the dates on which the contract was commenced and where insurance coverage against all risks including liability for nuisance, appropriate completed; Oii) the precise location including the State negligence, breach of contract breach of statutory duty, and (where appropriate) address(es} at which the contract was or is employee's injuries and third party claims resulting from or <rising being performed; (iv) any reference number of the contract (v) the out of the carrying out of Pipe Bursting and provide documentary client and the office of the client dealing with the contract (vi) the evidence of such insurance to BGTI if required to do so. 2 12.2.:! the Licensee shan generally no~ pay Jts ueb' 8.3 The Licensee shall not expressly or impliedly represent become due, or snaii admit in writing Its inability to pay Its that it is the agent of BGTI and specifically not give any indication generally, or shali make a general assignment fOl' the that it is acting otherwise than as principal in carrying out Pipe creditors; or if any case, proceeding or other action undo! Bursting nor shall the Licensee claim to make any representation or Bankruptcy Code or any other applicable bankcruptcy, give any warranty on behalf of BGTI. or similar law now or hereafter in effect shaH be instituted ucensee or against the Licensee seeking liquidation, lliincilg 8.4 The Licensee shall indemnify and hold hMTlless BGTI reorganization, arrangement, adjustrnen~ protection, reiie:, against aU demands, claims and liability (whether Climinal, civil, composition of the ucensee or its debts or seeking the ento) of an contractual, tortious or otherwise) for any losses, damages. legal order for relief or the appointment of a receiver, trustee, ~;imilar costs and other expenses of any nature whatsoever asserted official for the Licensee or far a substantial pa1 of the Ucen3ee's against or suffered by BGTI or its officers, employees and agents property; or if the Licensee ceases or threatens to ceaSB '<) carryon relating to the carrying out of Pipe Bursting by the Ucensee which business results directly or indirectly in damage to properiy or personal injury 13. CONSEQUENCES OF TERMINAT!ON OR EXPIRY 9. VALiDIT( OF PATENTS AND THiRD PARTY RIGHTS 13.1 Termination or expiry of this Agreement shall be v,ithout 9.1 Nothing in this Agreement ar Licenses granted in this prejudice to the rights of either party down to the date of termination Agreement shall be construed as a representation or warranty:- or expiry 9.1.1 that the Patent is valid; 13.2 F ollowng termination or expiry of this Agreement for any reason:- 9.1.2 that Pipe Bursting does not infringe any patents or other intellectual properiy rights of any third party; ar 13.2.1 the provisions of this Agreement shall continue in fuli force to the extent necessary to give them full effec~ 9.1.3 that any invention described in the Patent is safe, useful or capable of commercial exploitation. 13.2.2 the Licensee shall have no claim against BGTI for compensation for lost rights to carry out Pipe Bursting or far the loss 9.2 The Licensee shall, at its own expense. defend all of goodwill or any similar loss. infringement actions which may be brought against it on account of the use of Pipe Bursting, and satisfy judgements entered on 13.3 Upon termination of this Agreemen~ the Licensee shall account of or which relate to such infringements. immediately cease using Pipe Bursting. The Licensee agrees that BGTI would be ilTeparably damaged by the continued use by the 10, INTEllECTUAL PROPERTY Licensee of Pipe Bursting after termination of the Agreemen~ and that BGTI shall be entitled to an injunction preventing said use by 10.1 The Licensee shall promptly notify BGTI of any the Licensee without the necessity of BGTI posting a bond infringement of the Patent of which the Licensee becomes aware and at the request of BGTI give to BGTI free of charge all 14. GENERAL reasonable assistance and cooperation in taking any legal action against such infringement which BGTI may in its sole discretion 14.1 If any of the provisions of this Agreement is found by a consider appropriate and request BGTI agrees to pay the Licensee court or other competent authority to be void or unenforceable such any reasonable out-of-pocket expenses inculTed by the Licensee in provision shall be deemed to be deleted from this Agreement and connection with such requested assistance and co-operation. the remaining provisions of this Agreement shall continue in full force and pffAct II. [JLJKA TiuN 14.2 This Agreement sets out the entire agreement between 11.1 This Agreement shall come into force on the date of its the parties for Pipe Bursting, and supersedes all previous signature and subject to the provisions of clause 12 shall expire agreements and understandings between the parties related to Pipe when the Patent has ceased to have effect Bursting, and except as otherwise stated in this Agreement may not be modified except in writing signed by the duly authorised 12. TERMINATION representatives of both parties. 12.1 Either party shall be entitled to terminate this Agreement 14.3 Each party acknowledges that, in entering into this by giving the other not less than six months' ...ntten notice of Agreement, it does not do so on the basis of, and does not rely on, termination at any time. any representation, warranty or other provision except as expressly stated in this Agreement and all conditions, warranties or other 12,2 Either party shall be entitled to terminate this Agreement terms implied by statute common law or oth8lWise under the law ot forthwith by sending the other notice of the immediete termination:- New York State or the law of any relevant jurisdiction are hereby excluded to the fullest extent permitted by law. 12.2.1 if the other commits any breach of any provision of this Agreement and in the case of a breach capable of remedy, fails to 14.4 BGTI may assign this Agreement and any of its rights remedy the same within 30 days of having been given notice stating and obligations under this Agreement to any third party without the full particulars of the breach and requiring it to be remedied; consent of the Licensee. It is agreed that in event that BGTI ceases to transact business in the United States, the Licenses made the , subject of this Agreement shall then revert back to its corporate UK Forum Selection 16.2 based parent No written consents from the Ucensee shall be required to effectuate this reversion. 16.2.1 Any and all disputes arising under or concerning this Agreement except those specified in clause 16.2,2 shall be 14.5 This Agreement is personal to the Ucensee which may litigated, if at all, in either the Federal or State courts in NewYorl< not assign, mortgage, charge, dispOse of, sub-contract or otherwise City in the State of New Yorl<, it being the intention of both parties delegate its rights or obligations under this Agreement without the thal as to disputes covered by this clause 16.2.1, New Vorl< shall prior written consent of BGTI. serve as the exclusive forum for dispute resolution. Both parties submit to the jurisdiction of the courts of the State of New Yor1< and 14,6 Nothing in this Agreement shall create, or be deemed to agree thal in the event an action is brought in the courts of the create, a partnership or the relationship of principal and agent or State of New Yorl<, they will waive any argument of lack of persona employer and employee between the parties. In providing technical jurisdiction or improper venue which they might otherwise have. infOfTllation and technological assistance, BGTI and its employees Both parties waive any right to remove any action brought in a court are acting in an advisory capacity only. Neither BGTI nor its related in New Yorl< City to a court outside that city. companies, nor their employees, shall have any responsibility for the perfOfTllance of Pipe Bursting under this Agreemenl nor for any 16.2..2 Nothwithstanding the provision contained in clause 16.2.1, decisions which may be made in connection therewith, whether nothing shall restrict or prohibit either party from seeking injunctive upon the recommendation of such employees or otherwise. relief only with respect to any obligation under this Agreement in any court of competentjurisdiction. 14.7 The waiver by either party of a breach of any provision of this Agreement by the other party shall not be com:trued as a waiver of 8!lY subs~qu03nt breach of the SMl6 provision nor shalf any delay or omission on the part of either party to exercise any ACCEPTED: right that it has under this Agreement operate as a waiver of any breach by the other party. 14,8 The headings in this Agreement are for convenience only and shall not affect its interpretation. - 15. NOTICES BY: Name: ~DO~~t 15,1 Any notice or other. information required or Title: ~C-t authorised by this Agreement to be given by either party to the other Date: ..cL ~ (} shall be given by hand or sent (by first class air mail, or facsimile transmission) to the other party in the case of the Ucensee to its address on page 1 and in the case of BGTI to Ucense 5444 KillEBREW, Inc. Westheimer, Suite 1775, Houston, Texas 77056, 15.2 Any notice or other information given by post under clause 15,1 shall be deemed to be given on the tenth day after the envelope containing the same was so posted; and any notice or other information sent by facsimne transmission shall be deemed to have been sent on the date of transmission, provided that a ~e'~rirm::;tion copy is sent by first class air mail to the other party within twenty-four hours after transmission, 15.3 Either party may change the address to which notices shall be sent by giving notice to th.e other party of thd.newaddrcss in accordance with the provisions of this clause 15. 16, GOVERNING lAW AND FORUM SELECTION 16.1 Governinq law Since they reside in different jurisdictions both parties to this' Agreement wish to eliminate any uncertainty as to the law to be applied to this Agreement and for a neutral body of law to apply, Therefore, this Agreement shall be governed by and construed in accordance with the laws of the State of New Yorl< excepting the laws of New Vorl< which would refer the dispute to the laws of any other jurisdiction, (US/BURST AllPIPEl1.AJ96/000876) 4 Certificate of Completion C/IViCf-:. t/9/i tlt:JI (( I k.l/( ebr'ctr./ i Jil {, I For successful completion of HOPE Butt Fusion Training. Training included the proper operation of fusion equipment using the PE Pipe Manufacturer's qualified procedures. Date Is uej o <t(;J/zoot? ~~~~~~~~i"~~ L Certificate of Completion -'). j iSlA;; J\ '1 r --I ):: ,'J I ( brt:00 r~ e._ JL. (/\ For successful tompletion of HOPE Butt Fusion Training. Training included the proper operation of fusion equipment using the PE Pipe Manufacturer's qualified procedures. ~ dOY II c::o.~ ~ ~~~~~~~N6 Randy Conrad Certificate of Completion ) J It'. (l!\ 'I ~; ~ eLl< I 1'~' .It} /' ~>J (,It 1(., \ j ,? 7/t:.,.' )"'11 , " .' n Fol successful completion of HOPE Butt Fusion Training. Training included the proper operation of fusion equipment using the PE Pipe Manufacturer's qualified procedures. . Date Issued 0 f ~ / Z 004 '-J!. FERGUSON" :/ N Indus!Yial PIC/shes /a"ndy Conrad I nV/r t.-'-J.......'-'V0V '-",-.".1........... . '-'-'.........,.-, DEPARTMENT "1 BUSINESS AND PROFESSIONl-.. REGULATION CONSJ.'RUCTION INDUSTRY LICENSING BOARD SEQ# L060610006 61 ~,:~~ :,'~:':fDATE t:. .;: LICENSE NBR 't"tl,.: 1'1~...~. ''''~i(,r' r;. -K~'':.' ~'<:~ 10 2006 050820923 CUC056726 The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 KILLEBREW, SAM HOLLAND KILLEBREW INC 4245 DRANE FIELD ROAD LAKE LAND .FL JEB BUSH SIMONE MARSTILLER GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY .. .., ~ - ~ ~ ~"'"' -. . - .... - .. ~ - -.. - -". . - - . ~ - . ~ - - ... ~ . - - ., - ., . - - . .. . - ~ - -- - ~ ",' - - . - -"..- . , J\CL' f, )OOU~~! . , ...,...- , ~"t.,.1 \'\~~ rlihr):'~N 2830 WIN I ceR LAKE RD . B.. f~J~~ \:,. /,.- ,,44 - LAI<ELAND - IN - IN CIT. , "',,",;;'9' '-'~- Cy OWNEI~ SAM KILLEBREW - PRES :"~I;I~Ir:";'; 1" lB{j1l ,...."':.:..:~~'=::..::..:~~"U:4~-"c"'=---'=T"-'=-~.=:-""'=O=""==-~""'-=:;."---.::~....,.-=-'-"'.."'_-r=I.~t==..L.=._='T=-....-=U-"~-=-.,;...::..:j._.=t.="S..,L:,,:.=:u..=.:==-::.l1=='-~=,:J.O"..:u:-" "'"""~=,,,.,..o_ '302DO C;C)NTf~ACTOR UNDERGF.;OU'JD ' 'rll:':>c KILLEBREW INC SAM KILLEBREW - PRES PO BOX 6258 LAKELAND, FL 338076258 LICENSE TYPE. RENEWAl, DATE PAID: ADDL AM']' BASE TAX ADDL Dees: TOTAL PAID: 55.00 55.00 ffM;~&.nEl&!~~'i!:l~~~~lII_&TB~~_~~_ THIS OCCUPATIONAL LICENSE MUST BE CONSPICUOUSLY DISPLAYED AT BUSINESS LOCATION PAID-1208371.oD01-0o01 12 08/23/2005 55.00 "',':.".\~',' :.;. :::.'\'.,',.'.' .,/:~.::,:.:,.:..,:.\\::.\:.\",.,.;.'::,"','~':""" . 'P1P[: BURSTING REHABILlT ATION 8ID#06-133 ATTACHMENT "A" CONTRACTOR MUST SIGN AND HAVE NOTARIZED The undersigned contractor hereby certifies that the primary business of their company is underground utility construction. Dated this 15th day of AUGUST ,2006 Name of firm: KILLEBREW, INC. By: .M;:;:L. (~ ~~ WILLIAM C. THOMAS IV Signature VICE PRESIDENT Title of Person Signing SWORN TO AND SUBSCRIBE BEFORE ME . This 15th _ ^~~, AUGUST ,2006 Notary Public: -d2~ 7 - j -C~T- D. LORI CHANEY -'--'--'-"-'-- -."---- ..--;;'-,,: -''';:~;';'- -'-:=-.--.. My Commission Expires: AUGUST 1, 2010 . -.,.-- -. .. ( Seal) ~ D,LORICHANEY · · _ . ~:~%~~~~~jI~~l~g~II2~~O -- r'o^__ ........ nn 1:7''JJ'')<t A I - - .........- VUIIIUI. ''lu. sJLJ iJ, ,,, I" I 60 , . . r~ U) g..,y" ~~~,~ l .. ueld :)!UeJJ. 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"'1 VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH 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 D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) [8J May 20, 2008 May 5, 2008 (Noon) [8J July 15, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Motion to approve Chaz Equipment of Wellington Florida to repair four Master Lift Station Wet Wells for a total cost of$242,623.00 utilizing the City of Delray Beach bid #2002-37" Sanitary Structure Interior Rehabilitation" . EXPLANATION: The Utility Department is recommending using Chaz Equipment's "SewperCoat" process to rehab four master lift station wet wells. Inspections revealed the wet well structures were deteriorating. The "SewperCoat" method has been a proven process for the rehabilitation of manhole and wet well structures and the City has great success with this method and process. The "SewperCoat" coating will restore the structural integrity as well as seal any infiltration leaking int'b the structure. at')=i ::::;-< Utility staff from the Wastewater Division will be part of this project as well. Division staffwill be responsible for iing~ the bypassing at each station. They will coordinate with the Project Manager and Contractor a schedule for each of four-CD stations, monitoring once installed and responsible for it's safe operation. C ~~.. ~z: The four stations and their locations are: :I CAe; I. M.,ter Lift Station #356 - Boynton Beach Blvd. and US 1 ~ Ii 2. Master Lift Station #309 - N. Seacrest and NW 19th Ave. 0 ... 3. Master Lift Station #317 - Boynton Beach Blvd. and Congress Ave. - .... . 4. Master Lift Station #801 - Boynton Beach Blvd. and Lawrence Rd. . PROGRAM IMPACT: The total cost is $242,623.00 and is available by utilizing the City of Delray Beach bid #2002-37" Sanitary Structure Interior Rehabilitation". FISCAL IMPACT: The total cost is $242,623.00 and funding is available in account #406-5000-590-65-04 SWR ES: The alternative of not repairing the wet wells will cause the structure to continue to deteriorate and ~ - gnature C/ C' M ' S' lty anager s 19nature Assistant to City Manager ~ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM /ff1j( . .- _.~._._----,,~-".- Atto~y / Finance TL/kb Attachments XC: Pete Mazzella Michael Low Barb Conboy Tony Lombardi Dan Spooner George Peck File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CIAI II'~\.I.'IIII 3180 Fc..,Jne Farms Road,Suite 1 Wellington, Florida 33414 -"",,*' , " Tel: (561) 333-2109 Fax: (561) 333-2180 Engineering Contractor RECEIVED LETTER OF TRANSMITTAL MAY - 1 2008 City of Boynton Beach April 29, 2008 Utilities Department. BOYNTON BEACH UTILITIES Mr. Anthony J. Lombardi I Utility Maintenance Manager 124 East Woolbright Road Boynton Beach, Florida 33435 RE: Rehabilitation of Sewer Pump Station Structures - Delrav Annual Contract: Mr. Lombardi, Please accept this letter as a response to your request regarding the extension of our services under City of Delray Beach Contract 2002-37 to the City of Boynton Beach for the rehabilitation of sewer pump station wet well chambers within your sewer system. Please refer to the attached detailed proposals dated April 28, 2008 for sewer pump stations 309, 317, 356 and 801 totaling $242,623.00. Once completed, the Sewpercoat product will stop all structural ground-water infiltration into the sewer system, re- establish structural integrity and provide an H2S corrosion barrier for many years to come. The contract line items utilized in the above proposals are as follows; Item#6; "Lift station surface rehabilitation by cementitious lining", Item#17; "Removal of existing coating", Item#16; "Reconstruct lift station fillet" and Item#13; "Re-install existing pump base" - all in accordance with the terms, prices and conditions set forth within the contract documents of the City of Delrav Beach Sanitary Structure Interior Rehabilitation Contract #2002-37. Please let us know if th e is any additional information you need, and we look forward to working with you. --- / Gary F. Czajkowski President SEw:ZRCQllr.(il CIAIII'dl'l. 1'1.' 3180 Fa."..neFarms Road,Suite1 . Wellington, Florida 33414 _~oo Tel: (561) 333-2109 Fax: (561) 333-2180 Engineering Contractor SEWPERCOAT SEWER PUM~CE:rv~DN PROPOSAL City of Boynton Beach April 28, 2008 Mr. Tony Lombardi M A _ Tel: (561) 742-6400 124 East Woolbright Road y 1 2008 Fax: (561) 742-6299 Boynton Beach, Florida 33435 '" ,,", ~f.II:}"'t"H, 1 !"'l "'" ""","" ; . . j ~ 11' '., ~. '~!J ,rif' ''-'''' Please accept our proposal for Sewpercoat application and interior stru'M~~tMt.tQWj tlSlow specified sanitary structure. Scope of work to include the removal of existing coatings, preparation of surfaces and application of Sewpercoat to: Walls, floors. celings, platforms, spilways and any other concrete surfaces within the wet-well chamber below the operating floor. This rehabilitation work proposal is in accordance with the City of Delrav Beach Annual Contract #2002-37. Lift Station No. 309; Location: North Seacrest & N.W. 19th Ave Dimensions (overall): Collection Wet Well Chamber - 25' X 8' X 20' deep; Sewpercoat 2,381 sq. ft. @ $18.00/sf: $42,858.00 Remove existing coatings (type unknown) @ $7/s.f: $16,667.00 Total Proposal Amount: $59,525.00 ./ Inclusions: Mobilization Existing (failing) coating removal - type unknown, method unknown Sand-blast surface preparation & profiling Repairs to infiltration. SewperCoat application at a minimum of 1/2inch thickness. Exclusions: Permits & Fees Bypass set-up & maintenance (By others; City of Boynton Beach) System surcharge removal Removal/replacement of grates, handrails, pipe & fittings, hatchwork, electrical & panel materials. Note: Square footage in this proposal is an estimate Final total square feet to be determined on-site Th'",Y:;~ ~ V\. ~ Brad Miller Project Manager P"", of t Sf.W.l:RCOAT' i) CIAI Ildl'llll 3180 Fc.._.aneFarms Road, Suite 1 Wellington, Florida 33414 _, _.., Tel: (561)333-2109 Fax: (561) 333-2180 Engineering Contractor SEWPERCOAT SEWER PUMP STATION REHABILITATION PROPOSAL City of Boynton Beach April 28, 2008 Mr. Tony Lombardi Tel: (561) 742-6400 124 East Woolbright Road Fax: (561) 742-6299 Boynton Beach, Florida 33435 Please accept our proposal for Sewpercoat application and interior structural rehabilitation of the below specified sanitary structure; Scope of work to include the removal of existing coatings, preparation of surfaces and application of Sewpercoat to: Walls, floors, celings, platforms, spilways and any other concrete surfaces within the wet-well chamber below the operating floor. This rehabilitation work proposal is in accordance with the City of Delrav Beach Annual Contract #2002-37. Lift Station No. 317; Location: Boynton Beach Blvd, West of Congress Dimensions (overall): Collection Wet Well Chamber - 26' X 10' X 26' deep; Sewpercoat 2,722 sq. ft. @ $18.00/sf: $48,996.00 Remove existing coatings (type unknown) @ $7/s.f: $19,054.00 Total Proposal Amount: $68,050.00 if Inclusions: Mobilization Existing (failing) coating removal - type unknown, method unknown Sand-blast surface preparation & profiling Repairs to infiltration. SewperCoat application at a minimum of 1/2inch thickness. Exclusions: Permits & Fees Bypass set-up & maintenance (By others; City of Boynton Beach) System surcharge removal Removal/replacement of grates, handrails, pipe & fittings, hatchwork, electrical & panel materials. Note: Square footage in this proposal is an estimate. Final total square feet to be determined on-site. Th'a~~ C ~ Brad Miller Project Manager Page t mt Sf.'W'ZRCQIlT' [j1 CIAI Ildl'l. 1.1.' 3180 Fc.._.ane Farms Road,Suite 1 .. Wellington, Florida 33414 __,.,. Tel: (561) 333-2109 Fax: (561)333-2180 Engineering Contractor SEWPERCOAT SEWER PUMP STATION REHABILITATION PROPOSAL City of Boynton Beach April 28, 2008 Mr. Tony Lombardi Tel: (561) 742-6400 124 East Woolbright Road Fax: (561) 742-6299 Boynton Beach, Florida 33435 Please accept our proposal for Sewpercoat application and interior structural rehabilitation of the below specified sanitary structure; Scope of work to include the removal of existing coatings, preparation of surfaces and application of Sewpercoat to: Walls, floors, celings, platforms, spilways and any other concrete surfaces within the wet-well chamber below the operating floor. This rehabilitation work proposal is in accordance with the City of Delrav Beach Annual Contract #2002-37. Lift Station No. 356; Location: East Boynton Beach Blvd., East of Federal Hwy Dimensions (overall): Collection Wet Well Chamber - 25' X 8' X 24' deep; Sewpercoat 2,656 sq_ ft. @ $18.00/sf: $47,808.00 Remove existing coatings (type unknown) @ $7/s.f: $18,592.00 Total Proposal Amount: $66,400.00,/ Inclusions: Mobilization Existing (failing) coating removal - type unknown, method unknown Sand-blast surface preparation & profiling Repairs to infiltration. SewperCoat application at a minimum of 1/2inch thickness. Exclusions: Permits & Fees Bypass set-up & maintenance (By others; City of Boynton Beach) System surcharge removal Removal/replacement of grates, handrails, pipe & fittings, hatchwork, electrical & panel materials. Note: Square footage in this proposal is an estimate. Final total square feet to be determined on-site. Thaok~ C ~ Brad Miller Project Manager p.." 011 SEw.zRCalrr.6ll C d. \ 3180 Fc... .Ane Farms Road, Suite 1 Wellington, Florida 33414 IA I II I' III I Tel: (561)333-2109 Fax: (561) 333-2180 Engineering Contractor SEWPERCOAT SEWER PUMP STATION REHABILITATION PROPOSAL City of Boynton Beach April 28, 2008 Mr. Tony Lombardi Tel: (561) 742-6400 124 East Woolbright Road Fax: (561) 742-6299 Boynton Beach, Florida 33435 Please accept our proposal for Sewpercoat application and interior structural rehabilitation of the below specified sanitary structure; This rehabilitation work proposal is in accordance with the City of Delrav Beach Annual Contract #2002-37. Lift Station No. 801; Location: East Boynton Beach Blvd. & Lawrence Road Collection Well: Precast Dimensions - 10' diameter x 25' deep; Sewpercoat 904 sq. ft. @ $18.00/sf: $16,272.00 Additional Sewpercoat T&M for excessive loss (10'x8' section - 251 s.f.) @ $121s.f: $3,012.00 Removal of existing coatings (type unknown) - 50% (452s.f.) @ $7/s.f: $3,164.00 Reconstruct 10' dia fillet @ $1300/ea: $1,300.00 $23,748.00/ Pumo-out Well: Precast Dimensions - 10' diameter x 25' deep; Sewpercoat 904 sq. ft. @ $18.00/sf: $16,272.00 Removal of existing coatings (type unknown) @ $7/s.f: $6,328.00 Reconstruct 10' dia fillet @ $1300/ea: $1,300.00 (X2) Reinstall 4" pump base @ $500/ea: $1,000.00 $24,900.00/ I Total Proposal Amount: $48,648.00 I / ~ Ct.~ Inclusions: Mobilization Existing (failing) coating removal- type unknown, method unknown Sand-blast surface preparation & profiling Repairs to infiltration. SewperCoat application at a minimum of 1/2inch thickness. Exclusions: Permits & Fees Bypass set-up & maintenance (By others; City of Boynton Beach) System surcharge removal Removal/replacement of grates, handrails, pipe & fittings, hatchwork, electrical & panel materials. Note: Square footage in this proposal is an estimate. Final total square feet to be determined on-site. Brad Miller ~~ ~.. Page 1 of 1 SEw:DCaAT' '?, .... ~. _ r .' leI' , ' ", _ 1111. '..':' .1 ~ .' .'. ii' ... . - .... .'. ~, . . -~ . I I. ,... ... ..~ .,..." ,..,_ . i:...., . ~ ... . .....1, I: t~.. , . '. '. 0' . ,',' lo.,~ "'.. .'.l J :; t. .. ~:~. .- .. .,~ [J{ :""'t' I ~ '--' . ~.~ ~' '~I~,J ~..-. l:J?'~ . ~~ & lit' , .. ,'" , .'. :m ~ . ~,-*"J'''l! 'I~~ -" '~'~ - . . ~ y' 1l.~~ )" ,......., " \ 'I' "',"" .. " ; 4~ . '0 . .:' I ,,"' '" .- .':, _.,J1,~. _,I 5.' . &' - . . . ~., .. ., ' -~ ~~' . : I l .. .... ~.~'I\' _,' _ .' ),! In I ,.. <v, '~'.'\"." - ... ',,< ' - .... \ ,-'-' , III .... I.\,.~i.. . . ~ I'" ):: ., ft ~ " ~: ,. ~. J. ,~ - - , ..~~ ~:.,' ~. .. j.. 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'1'~ ~ J -, .," . 4~~. l.1 ..... i. ..../' . . . ~ .. ~ VI.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 0 April IS, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 o July I, 2008 . May 6, 2008 April 14, 2008 (Noon) June 16,2008 (Noon) ~ (")=t ::;-< o May 20, 2008 May 5, 2008 (Noon) rzI July 15,2008 June 30, 2008 (Noon) J: -<b n" , r-Q'I o June 3, 2008 o August 5, 2008 N ~Q May 19, 2008 (Noon) July 14,2008 (Noon) :::cJ-< !I :r:Z en-t Q C5 Oz 0 Announcements/Presentations 0 City Manager's Report .. ~ - ~ NATURE OF 0 Administrative 0 New Business ~ ~ AGENDA ITEM rzI Consent Agenda 0 Legal ! 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to approve the "SURPLUS VEHICHLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. EXPLANATION: Procurement Services has received twenty eight (28) items on the "SURPLUS VEHICLE/EQUIPMENT LIST" that was submitted by the Public Works/Fleet Maintenance Division (see attached memo ). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be auctioned by the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the Surplus Vehicles/Equipment. PROGRAM IMPACT: The disposal of Surplus Vehicles/Equipment will provide inventory, control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMP ACT: The revenues generated from the sale of these surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: Account Description: 501-0000-365-01-00 Sale of Surplus Vehicle/Equipment Public Auction with Staff which has been done in e ast, but after expenses, it was not ity. Ity Manager's Signature C.J.-lt~~ "',i,tantto City Mona '" .# City Attorn Purc asin A nt C: Steve Weiser - Fleet Manager Mike Dauta - Warehouse Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS FLEET SERVICES DIVISION MEMORANDUM NO. 08-054 ~:; ~\ TO: Carol Doppler, Purchasing Agent ~. 'l~~~ "'~~ cJ- ,~'0ir" ......... THRU Chris Roberts, Asst. Director, Public Works FROM: Steven Weiser, Fleet Administrator @ DATE: Thursday, July 03, 2008 RE: Surplus Vehicles Attached is a spreadsheet indicating decommissioned vehicle surplus. We are formally requesting commission approval to dispose of these assets. Please be advised that the Mileage and Condition reports on the Vehicles are not the only considerations when evaluating lifecycle for city vehicles. A simplified formula to understand the process is as follows; Acquisition cost + Maintenance cost + Operating Cost (INS)= Daily cost of operation The greatest impact to this daily operational cost is Resale Value. Also in regards to Police vehicles, these vehicles are categorized as severe service vehicles The mileage and year are not clear indicators as to the condition of the vehicle. Police vehicles are subject to hard stops and starts, excessive idle times, high speed, and high load applications, Our lifecycle for these vehicles is three to four years. After four years they become exceedingly costly to operate and maintain To stay ahead of the curve we need to allow technology advances help us reduce cost by investing in fuel efficient vehicles, and proactively seek vehicles that meet our vision for environmentally friendly vehicles. 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II) CIO N M M II) ~ II) II) II) CD ~ ;;:: M ;;:: CIO ~ CIO M M ~ CIO ~ ~ ~ ~ ~ c: c: 0 0 u u CITY OF BOYNTON BEACH ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing POLICY NO. 10.13.1 SECTION: 13 Surplus Property PAGE: Page 1 of 3 SUBJECT: 01 Disposition of Surplus and Obsolete Property PURPOSE: This policy establishes responsibilities and implements procedures to be followed in the disposition of obsolete and surplus City personal property. These same procedures apply to the disposition of lost, stolen, and abandoned property and confiscated property obtained by the Police Department. PROCEDURE: 1. Release of Custody/Transfer. When property is no longer of use to a custodian department, the following procedures shall apply: a. The custodian department shall complete and sign a "Fixed Asset - Transfer/Disposition Request", and submit the form to the Warehouse. b. Warehouse shall so note the condition and disposition of the property on the "Fixed Asset - Transfer/Disposition Request". c. If the property is in usable condition, it shall be placed on a list of currently available surplus property and circulated to all City departments. This list shall be circulated prior to the sale of surplus equipment. d. Prior to the actual transfer of any surplus property to storage, the requesting department shall obtain approval from the City Manager and Finance Department. 2. Removal From City Asset Inventory List. If property is to be auctioned, sold by formal bid, sold for scrap, or thrown away, the following will apply: a. Prior to the disposition of surplus property, a list of all inventoried property shall be submitted to the City Manager, or his designee, for approval. The Purchasing Division will include the recommended method of disposal which is considered to bring the highest return to the City. b. The City Manager, or his designee, shall have the authority to dispose of the following property without City Commission approval: 1. All abandoned or unclaimed property coming into the possession of the City. 2. All vehicles and equipment of the City which are scheduled for replacement in the annual budget. 3. All other tangible personal property other than the above with an original purchase price of less than $500. Policy 10.13.1 - Disposition of Surplus and Obsolete Property... Page 2 of 3 c. Vehicles Disposal All surplus City vehicles designated for disposition will be turned into the Vehicle Service Department. Vehicle Service Department will: 1. Verify that the vehicle is no longer in usable condition to the City and should be released. 2. Prepare a list of vehicles which will include year of vehicle, make, model, vehicle identification number (VIN), and vehicle number (City assigned number). 3. Verify the title work prior to submitting the list to the Purchasing Division. 4. Complete the processing for disposal utilizing one of the approved disposal methods. 5. Send a completed copy of the "Fixed Asset-Transfer /Disposition Request" to Finance Department for removal of the asset from the inventory records. 3. Approved Disposal Methods a. Public City Auction. If the public City auction method of disposal is utilized the auction shall be in compliance with Florida State Statute, City Ordinance, Resolution and/or established City Policies, Selection of an auctioneer shall be accomplished through a competitive bid process. If titled vehicles are being auctioned, on the day of the auction, an authorized representative from the Vehicle Service Department shall be present to transfer vehicle registration to the new owner. Vehicle transfer can only take place if the buyer has paid in cash, cashier's check or certified check. In order to obtain a title for any vehicle that does not have a current valid Emissions Inspection Certificate each bidder/purchaser must: 1. Show positive proof that they reside in a county that does not have a Motor Vehicle Inspection Program (MVIP). 2. Purchase a vehicle without a title as "Parts Only" or "Junk" and perform the necessary repairs to qualify and obtain a "rebuilt" title from the State of Florida. All property sold shall be properly identified by the City's fixed asset tag number. One copy of the property disposition shall be submitted to the Finance Department for their records. The City may cooperatively hold auctions with other cities and county governments when such is determined to be in the best interest of the City. Policy 10.13.1 - Disposition of Surplus and Obsolete Property... Page 3 of 3 b. Auction House. If considered to be in the best interest of the City, the City Manager may choose to have vehicles and other items sold to the highest bidder at an auction house. Vehicle sales must comply with "Item a" above. c. Sale by Formal Sealed Bid. If the Purchasing Division utilizes this method, it shall be in compliance with the City's Purchasing policies and with respect to the procedures to be followed. d. Sold for Scrap. If the Purchasing Division utilizes this method, it shall be by competitive quotations and in compliance with the City's Purchasing Ordinance with respect to the procedures to be followed. e. Thrown Away. If the Purchasing Division utilizes this method, it shall first be approved by the City Manager after the Director of Finance certifies that the property has no recoverable value. The property shall be loaded onto a City truck and taken directly to the County dump. f. Other Disposition. The City Manager has the authority to approve any other method of disposition of surplus property. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1 , 1998 Kerry Willis City Manager VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM G <:) ("')=4 (X) =1-< ~. -<0 r- n"'" Requested City Date Final Form Must be Requested City Commission Date Final Form Must l:J! ::;:;g Commission Meetino Dates Turned in to Citv Clerk's Office Meetino Dates Turned in to Citv Clerk's 8filiice ::0-< :Xz 0 April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) !E ui~ 0% 0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon) W ~_ ~ -~ 0 May 20, 2008 May 5,2008 (Noon) ~ July 15, 2008 June 30, 2008 (Noon) CO &li 0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve the addition of Rule #20 to the Cemetery Rules and Regulations regarding disinterments/ disentombments. EXPLANATION: At the Cemetery Board meeting on May 8, 2008, the members unanimously passed a motion to recommend to the City Commission the addition of Rule #20 to the Cemetery Rules and Regulations to include the following language: "Disinterments/disentombments are restricted to the hours of 8:30 a.m. to 10:30 a.m. Special accommodations for hours other than those stated are subject to the approval of the Parks Manager." At the Cemetery Board meeting in August 2007, the chairperson questioned the times when disinterments occurred at the Cemetery. After discussion, the members agreed that specific times should be established for disinterments/disentombments. Since the hours of 10:30 a.m. to 3:00 p.m. are peak burial times, it was recommended by the board that the disintermentjdisentombment operation should take place at non-peak hours between 8:30 a.m. and 10:30 a.m. PROGRAM IMPACT: Since this is a labor intensive manual operation, it is beneficial to staff to perform this task during the cooler hours of the day. In addition, staff will be able to handle this operation during non-peak burial hours when public visitation is low, eliminating the potential of the public witnessing unforeseen events. FISCAL IMPACT: None ALTERNATIVES: The alternative would be to not approve the recommendation and disinterments/ disentombments could occur at any time throughout the day. ~~~ Ci Manager's SignatUi"e . Assistant to City Manager ,~ Department Name City Attorney / Finance S:\CC\WP\CEMETERy\Agenda Item Requests\Agenda Item Request for Addition of Rule #20 - Disinterments-Disentombments.doc 1 RESOLUTION NO. 08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING RULE #20 OF 5 THE CEMETERY RULES & REGULATIONS; 6 AND PROVIDING AN EFFECTIVE DATE. 7 8 I WHEREAS, the Cemetery Board is desirous of restricting the hours 0 I I 9 disinterments and disentombents to the slowest traffic times at the Cemetery due to 10 unforeseen events that could occur during this operation: and 11 WHEREAS, upon recommendation from the Cemetery Board. the City 12 Commission has determined that it shall revise Rule #20 of the Rules and Regulations of 13 the Cemetery, a copy of which is attached hereto as Exhibit "N'. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 15 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 16 Section 1. Each Whereas clause set forth above is hereby ratified as being 17 true and correct and incorporated herein by this reference. 18 Section 2. The City Commission of the City of Boynton Beach, Florida. 19 amends Rule #20 of the Rules and Regulations of the Cemetery Board as attached hereto 20 as Exhibit "A". 21 Section 3. This Resolution shall take effect immediately upon passage. 22 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} S:ICAIRESOlAdministrativelCemetery R&R - Amend Rule #20.doc I '! 1 PASSED AND ADOPTED this _ day of July, 2008. 2; CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor - Jerry Taylor 6 7 8 Vice Mayor - Jose Rodriguez 9 10 11 Commissioner - Ronald Weiland 12 13 14 Commissioner - Woodrow L. Hay 15 16 17 Commissioner - Marlene Ross 18 ATTEST: 19 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 27 (Corporate Seal) S:ICAIRESOlAdministrative\Cemetery R&R - Amend Rule #20.doc NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES Rules and Reaulations GENERAL 1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at final disposition.) City disinterment forms shall accompany all disinterments.) 2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their improvements at the cemetery; but in the interest of the whole and all cemetery lot owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument, inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City considers injurious to the grounds. Under no circumstances will lots be allowed to have on them growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City employees. 3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general, these three items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a container that has a solid base not to exceed 18 inches in height so that it will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground These items must be tastefully placed at gravesites. No glass vases or figurines will be permitted. Employees will, for cemetery maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly to the appearance of the Cemetery.) 4. -Lot enclosures of any kind are prohibited. No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. 5. No person shall be allowed to perform any modification or installation of a monument or marker on a lot without authorization from the City. No marker shall be accepted by the City without prior authorization of the City. 6. All excavations shall be made by the City, unless otherwise approved by the City. Installation of markers must be approved by the City. 7. The length and width of the marker can vary depending on the size of the plot. If the marker is to be installed on a single plot, the marker cannot exceed 2'-6" wide by 9' in length. If the marker is to be installed on a double plot, the marker cannot exceed 5' wide by 9' in length. The thickness of the marker must be a minimum of 4" thick and made of solid marble, granite or, if the marker is made of bronze, it must have a 4" minimum solid base made of marble, granite or concrete and be properly S:\CC\WP\cEMETERY\CEMETERY RULES\RULES\Cemeterv Rules .: Rule Addition - Rljle #20 - _Q1J)1-08.do(S:\CC\\Nr\CE~1ETERY\CE~1ETEn.Y RULES\RULES\Cemetery Rule~ Rule ChJnge Rule It 1'J 06 17 08 ~1eeting.doc attached to the bronze marker. I S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemeterv Rules - Rule Addition - Rule #20 - 07-01-08.docS:\CC\WP\CEP1ETERY\CE~1ETERY RULES\RULES\Cemetery Rules Rule Change Rule If 19 06 17 08 ~1eeting.doc Markers cannot be constructed of separate pieces of material laminated, glued or attached In any manner with the exception of bronze markers which require a minimum 4" base made of marble. granite or concrete. 8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery workers after that time. 9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery unless there is clear negligence on the part of City employees. 10. Casket must be encased in an outer burial container made of concrete. The use of a concrete (at minimum) urn vault for cremated remains (cremains) in Boynton Beach Memorial Park shall be required. The cost of the vault will be borne by the funeral director. 11. The Board of Governors from time to time may initiate and recommend the laying out, altering or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Commission approval. 12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. 13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds. 14. On Memorial Day, Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon scheduling with the City Clerk's Office. 15. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 16. Human remains only shall be buried in any municipal cemetery. 17. In an adult grave, the following will be permitted, at the discretion of the Parks Superintendent: a. One (1) casket, plus two (2) cremains Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains. Of the three cremains, two must be immediate family members For purposes of these Rules and Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption. 18. No more than three (3) markers will be permitted per adult grave. The markers will run consecutively beginning at the head of the plot. A second marker would be placed directly below the first and a third marker would be placed directly below the second. At no time will more than three (3) markers be permitted. In the Replat section, two (2) cremains will be permitted in a cremains plot. No more than two markers will be permitted on a cremains plot in the Replat section. 19. Services that extend beyond the normal workday. shall be charged for staff time according to the rate chart on file in the City Clerk's Office. I S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemeterv Rules . Rule Addition - Rule #20 - 07-01-08.docS:\CC\WP\CH1ETEnY\CEHETERY RULES\RULES\Cemetery Rule~ Rule ChJnge Rule !tEl 06 17 08 '1eeting.doc 20. Disinterments/disentombments are restricted to the hours of 8:30 a.m. to 10:30 a.m. Special accommodations for hours other than those stated are subiect to the approval of the Parks Manaqer. MAUSOLEUM 1-M. Mausoleum Crypts or Niches - Prior to inurnment/entombment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new purchaser's name, address and phone number are on file with the City Clerk and an administrative fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach Mausoleum, Inc. After inurnment/entombment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided that disinurnment/disentombment has occurred and implemented by the proper authorities. The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc. No disinurnment/disentombment shall be allowed except by the consent of the Board of Governors following written request by the owner or owners of the crypt/niche and in every case shall only be made by the proper authorities. (NOTE: Authorized disinurnment/disentombment and shipment of body or remains may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 2-M. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub. 3-M. All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." 4-M. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (1) vase per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager. "No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City." I S:\CC\WP\CEMETERY\CEMETERY RULES\RULES\Cemeterv Rules - Rule Addition - Rule #20 - 07-01-08.docS:\CC\\NP\CH1ETERY\CE~1ETERY RULES\RULES\Cemetery Rules Rule ChJnge Rulc #19 06 17 08 ~1eeting.doc 5-M. No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention other than their salaries and wages paid by the City. 6-M. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a certificate of ownership within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no fee for issuance for the certificate of ownership. 7-M. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold to the City within 30 days of the sale. There shall be no requirement for an annual audit 8-M. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel on Memorial Day. 9-M. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the Mausoleum as it may deem requisite and proper, subject to City Commission approval. At any time the Board of Governors proposes amending or altering the Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt requested of the proposed changes, at the same time any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior to any City Commission action being taken. All Rules and Regulations shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton Beach and Boynton Beach Mausoleum, Inc 10-M. As of April 20, 2004, the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not The funeral home will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the purchaser. Human remains being placed for entombment shall be in a gasketed metal casket for Mausoleum usage. Amended JUNE 17, 2008 BY R08-072 I s:\CC\WP\CEMETERYICEMETERY RULES\RULES\Cemeterv Rules - Rule Addition - Rule #20__:.. 07-01-08.docS:\CC\WP\CEP4ETERY\CH1ETERY RULES\RULES\Cemetery Rules Rule ChJnge Rule #1') 061708 P1eeting.Be€ VI.-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM C.2 AGENDA ITEM REQUEST FORM Requested City Connnission Date Final Form Must be Turned Requested City Connnission Date Final Form Must be Turned in MeetitutDates in to City Clerk's 0ffWe Meetinl!. Dates to City Clerk's Office c=J ~115,2008 March 31, 2008 (Noon) o June 17, 2008 June 2, 2008 (Noon) o May 6, 2008 Apri1I4,2008 (Noon) o July 1, 2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) [gJ July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19, 2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Adopt a resolution approving a change in rate structure for cart fees, greens fees, capital improvement fees and annual permits for the Links at Boynton Beach as proposed in the budget for FY 08/09. The overall changes included hereto are a $1.00 increase in the summer months, a $3.00 increase in the shoulder months, and a $4.00 increase winter months. There is also a $50.00 increase in the annual permit fee ($650-$700). EXPLANATION: The golf course continues to have a rate structure comparable to other municipal courses in Palm Beach County (see rate survey attached). PROGRAM IMPACT: We do not anticipate any negative impact on course activity due to these changes.. FISCAL IMPACT: These rate changes are necessary in order to properly fund the budget for FY 08/09. ALTERNATIVES: Do not raise fees and adjust budget accordingly, understanding that the level of service may then be impacted. ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II II 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ESTABLISHING RATES FOR 5 THE LINKS AT BOYNTON BEACH; AND 6 PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, upon recommendation of stafl the City Commission of the City of 9 Boynton Beach, Florida deems it appropriate to establish rates for The Links at Boynton Beach 10 for Fiscal Year 2008-09, and 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 13 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 14 15 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereb:- 16 ratified and confirmed by the City Commission. 17 18 Section 2. The City Commission does hereby approve the rates for The Links at 19 Boynton Beach for fiscal year 2008-09, as set forth on the attached Exhibit "A" . 20 21 Section 3. This Resolution shall take effect immediately upon passage. 22 23 PASSED AND ADOPTED this _~__ day of July, 2008. 24 25 CITY OF BOYNTON BEACH, FLORIDA 26 27 28 Mayor - Jerry Taylor 29 30 31 Vice Mayor - Jose Rodriguez 32 33 34 Commissioner - Ronald Weiland 35 36 37 Commissioner - Woodrow M. Hay 38 39 40 Commissioner - Marlene Ross 41 ATTEST: 42 43 44 Janet M. Prainito, CMC 45 City Clerk 46 47 48 (Corporate Seal) S\CA\RESO\Golf Course Fees - 08-09.doc EXHIBIT "A" Annual Permit Holder (APH) / links Club Card (lCC) and Daily Fee (OF) Proposed Rates FY 2008/2009 (all taxes and surcharges included) SHOULDER RATES (November 1 - December 25. 2008 / April 1 - April 30. 2009) Cham Walkinq Ridinq Walkinq Ridinq # of Holes ~ ~ ~ 18 # of Holes ~ ~ ~ 18 Annual Permit N/A N/A $13.00 $24.00 APH $3.00 $4.00 $10.00 $16.00 Links Club Card N/A N/A $22.00 $38.00 Links Club Card $11.00 $16.00 $18.00 $28.00 Daily Fee N/A N/A $27.00 $48.00 Daily Fee $14.00 $23.00 $21.00 $35.00 After 1 m S eeial - $32.00 I After 2:30 m S eeial - $26.00 WINTER RATES (December 26.2008 - March 31. 2009) Walkinq Ridinq Walkinq Ridinq # of Holes ~ ~ ~ ~ # of Holes ~ ~ ~ 18 APH N/A N/A $13.00 $24.00 APH $3.00 $4.00 $10.00 $16.00 Links Club Card N/A N/A $26.00 $49.00 Links Club Card $14.00 $20.00 $21.00 $32.00 Daily Fee N/A N/A $31.00 $59.00 Daily Fee $17.00 $27.00 $24.00 $39.00 After 1 m S eeial - $39.00 I After 2:30 m S eeial - $27.00 SUMMER RATES (October 1-31.2008/ Mav 1-September 30.2009) Chamoionshio Course (Par 71) Familv Course (Par 30) Walkinq Ridinq Walkinq Ridinq # of Holes ~ 18 ~ ~ # of Holes ~ ~ ~ 18 APH N/A N/A $9.00 $16.00 APH $3.00 $4.00 $8.00 $13.00 Links Club Card N/A N/A $14.00 $26.00 Links Club Card $7.00 $10.00 $12.00 $19.00 Daily Fee N/A N/A $17.00 $31.00 Daily Fee $8.00 $13.00 $13.00 $22.00 Annual Permit Fee (Valid 10/01/08-09/30/09) $700.00 Links Club Card Fee (Valid 1 % 1/08-09/30/09) $50.00 Links Club Card Fee (Valid 4/01/09-09/30/09) $25.00 -r~-' I I Q) '0 . u.l u.l u.l u.l u.l u.lu.l ! ~-5 _ s::: s::: ~ ~ ~ ~ ~ ~ ~ ~I :::s::::: C.lUOOU >-. 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N ;;> N I VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR]\tl 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 D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5,2008 (Noon) [8J July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcem ents/Presentati on s D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the execution of an allonge to promissory notes which were executed in favor of the City of Boynton Beach rather than to the Boynton Beach Community Redevelopment Agency EXPLANATION: The Community Redevelopment Agency prepared a number of promissory notes and mortgages in conjunction with the CRA's Homebuyers Assistance Program, The form of document was borrowed from the City of Boynton Beach and in their preparation the CRA preparers of the document failed to change the designation from City of Boynton Beach to Community Redevelopment Agency. In fact, the City of Boynton Beach has no interest in either the note or mortgage and the approval of assignment and execution of an allonge to the promissory note will cure this error and secure the Community Redevelopment Agency's interest. PROGRAM IMPACT: None. FISCAL IMP ACT: None. AL TERNA TIVES: None. J/ /IJi Depa nt City Attorney Department Name S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 08- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 THE EXECUTION BY THE MAYOR AND CITY CLERK 7 OF AN ALLONGE TO PROMISSORY NOTES WHICH 8 WERE EXECUTED IN FAVOR OF THE CITY OF 9 BOYNTON BEACH RATHER THAN THE BOYNTON JO BEACH COMMUNITY REDEVELOPMENT AGENCY; ] ] AND PROVIDING AN EFFECTIVE DATE. 12 13 ]4 WHEREAS, the Community Redevelopment Agency prepared a number of promissory 15 notes and mortgages in conjunction with its Homebuyers Assistance Program commencing in 16 December, 2007; and 17 WHEREAS, the form of documents were borrowed from the City of Boynton Beach and 18 in their preparation the preparers of the documents failed to change the designation from the City 19 of Boynton beach to Community Redevelopment Agency; and 20 WHEREAS, the City of Boynton Beach has no interest in either the note or mortgage 21 and the approval of an allonge will cure this error. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 23 CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereb: 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, authorize the 27 Mayor and City Clerk to execute the following Allonge to Promissory Note: 28 Christopher J. Wiley and Kimberly A. Wiley, husband and wife 29 Omar Smith and Kimberlee Smith. husband and wife 30 Erica Poag, a single woman 3 ] Dawn Osowsky, a single woman 32 Lasendra Hoggins SICA\RESO\Allonge to Note and MTG.doc - I - : I J Lauren Godden, a single woman 2 Faith Dickens, a single woman 3 4 Section 3. That this Resolution will become effective immediately upon passage. 5 6 PASSED AND ADOPTED this _ day of July, 2008. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor - Jerry Taylor 12 13 14 Vice Mayor - Jose Rodriguez 15 16 17 Commissioner - Ronald Weiland 18 19 20 Commissioner - Woodrow L. Hay 21 22 23 ATTEST: Commissioner - Marlene Ross 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 3J 32 (Corporate Seal) 33 S\CA\RESO\Allonge to Note andMTG.doc - 2 - VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April IS, 2008 March 31, 2008 (Noon) o June 17, 2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) o July 1,2008 June 16, 2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) cgj July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Ann ouncem ents/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM cgj Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Approve a release of lien arising from demolition expenses incurred by the City but subsequently assigned to the Community Redevelopment Agency. EXPLANATION: In October, 2005, the City of Boynton Beach perfected and later recorded a lien against the property then commonly referred to as the Boynton Terrace Apartments. The lien secured demolition expenses incurred by the City to eradicate the distressed structures which made up the Boynton Terrace complex. The City's lien was subsequently assigned to the Boynton Beach Community Redevelopment Agency in order to provide a mechanism for the CRA to secure repayment of the funds or waiver of the funds in its support of the redevelopment of the site. The City and the CRA have received a request that the lien be released and that the City's underlying assessment resolution (R-05-176) be rescinded. The CRA is currently under contract with American Realty for development of the property under the project name "Ocean Breeze." PROGRAM IMPACT: None. The City has heretofore transferred the lien to the CRA and is therefore not in a position to recover funds through lien foreclosure. FISCAL IMPACT: None. None. Head's Signature City Attorney Department Name i ttorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, RESCINDING 5 RESOLUTION R05-176; AUTHORIZING EXECUTION 6 OF A RELEASE OF LIEN ON PROPERTY FORMERLY 7 KNOWN AS BOYNTON TERRACE AP ARTMENTS 8 AND CURRENTLY THE SUBJECT OF THE OCEAN 9 BREEZE REDEVELOPMENT PROJECT AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission heretofore authorized the assessment of costs of ; 13 abatement of certain nuisances against the owners of the property commonly referred to as 14 the Boynton Terrace Apartments; and I 15 II WHEREAS, the City subsequently entered into a Lien Assignment and 16 Isubordination Agreement which by its terms provided for the City's assignment to the CRA 17 of the Demolition Lien dated October 18,2005 which was recorded on December 13. 2005 in 18 Official Record Book 19662, Page 0893 of the Public Records of Palm Beach County, 19 Florida; and 20 WHEREAS, the City Commission has determined that it is in the best interest of the 21 ity to support the redevelopment of the property as contemplated by the Boynton Beach 22 ommunity Redevelopment Agency and in furtherance of the Agency's agreement \vhich 23 upports the Ocean Breeze redevelopment project. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 eing true and correct and are hereby made a specific part of this Resolution upon adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereb) 29 escind City of Boynton Beach Resolution R-05-176 in its entirety. , '\CA\RESO\Agreements\Release of Demo lien (Boynton Terrace I,doc I II I I 1 Section 3, The City Commission of the City of Boynton Beach hereby releases its 2 interest, if any, in the Demolition Lien dated October 18, 2005 and recorded on December 13, 3 2005 in Official Record Book 19662, Page 0893 of the Public Records of Palm Beach County, 4 Florida, 5 Section 4. The City Commission of the City of Boynton Beach hereby releases any 6 enforcement interest it retained under the terms of the Lien Assignment and Subordination 7 Agreement dated August 9, 2006 and recorded on August 23, 2006 in Official Record Book 8 20768, Page 0938 of the Public Records of Palm Beach County, Florida. 9 Section 5. The Mayor and City Clerk are authorized to execute the Release of Lien. 10 Section 6. This Resolution will become effective immediately upon passage. 11 PASSED AND ADOPTED this _ day of July, 2008. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor- Jerry Taylor 16 17 18 Vice Mayor - Jose Rodriguez 19 20 21 Commissioner - Ronald Weiland 22 23 24 Commissioner - Woodrow L. Hay 25 26 27 Commissioner - Marlene Ross 28 TTEST: 29 30 31 anet M. Prainito, CMC 32 ity Clerk 33 34 35 Corporate Seal) 36 :\CA\RESO\AgreementsIRelease of Demo lien (Boynton Terrace),doc VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH 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 0 April IS, 2008 March 31,2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) o July 1, 2008 June 16, 2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) [ZI July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19, 2008 (Noon) o August 5, 2008 July 14, 2008 (Noon) C") 0 0:::; Q) :::;--< <- 0 ~ -<0 0 Announcements/Presentations City Manager's Report 0'" 0 0 I\:) ""co NATURE OF Administrative New Business U'I ""0 ::g-< AGENDA ITEM 0 Consent Agenda 0 Legal ::lilt ~:;z: :z CI)-t 0 0 Unfinished Business 00 Code Compliance & Legal Settlements ~ .."Z: [ZI Public Hearing 0 ..,.aJ (.oi) -1"'1 en C")> RECOMMENDATION: Please place this request on the July 15, 2008 City Commission Agenda under r'1t~ Public Hearing. The Planning and Development Board on June 24, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-007. EXPLANATION: PROJECT: Holiday Inn Express (HTEX 08-001) AGENT: John Garra, Square One Architecture, Inc. OWNERS: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for height exception to allow screening of roof-top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A 1-- (J.L ~ (L L~ Development Depa~ rrecto City Manager's Signature Cfr1't- Assistant to City Manager lanning and Zo rector City Attorney / Finance S:\Planning\SHARED\ WP\PROJECT \Holiday Inn Express\MSPM 08-003 HTEX 08-001 \Agenda Item Request Holiday Inn Express HTEX08-001 7-15- 08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-007 TO: Chair and Members Planning & Develop.rJ1ent Board THRU: Michael Rump~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: June 6, 2008 PROJECT: Holiday Inn Express / HTEX 08-001 REQUEST: Height Exception PROJECT DESCRIPTION Property Owner: Victoria Richman, University Holdings Applicant: Victoria Richman, University Holdings Agent: John Garra, Square One Architecture, Inc. Location: 480 West Boynton Beach Boulevard (see Exhibit "A" - Location Map) Existing Land Use / Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Hotel Acreage: 93,234 square feet / (2.14 acres) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard, then farther north is Galaxy Elementary School, zoned Public Usage (PU); South: Right-of-way for NW 1st Avenue, then farther south developed residential property, zoned Single-Family Residential (R-1); East: Developed commercial property, zoned Neighborhood Commercial (C-2); and West: Right-of-way for Interstate 95, then farther west is developed residential property, zoned Duplex Residential (R-2). Page 2 Memorandum No. PZ 08-007 BACKGROUND The Holiday Inn Express was constructed in 1981 with a total of 102 hotel rooms, and with a maximum height of 39' - 9" to the upper parapet wall. The owner is now requesting to renovate the fa<;ade of the westernmost building containing all of the hotel rooms. The fa<;ade improvements consist of removal of the mansard roof and replacement with a parapet wall and decorative cornice. Additionally, gable roofs will be constructed over top of every other column of windows on all facades. Lastly, a tower feature will be added at the east end of the building to screen mechanical equipment and architecturally enhance the structure. The maximum building height allowed in the C-3 zoning district is 45 feet. The elevation (see Exhibit "B") shows that the building remains four (4) stories tall, with a typical parapet height of 38' - 3", and the peak of the gable roofs over the windows depicted at a height of 40' - 7". The decorative tower feature however rises to a height of 52' - 0", measured at the mean roofline, or seven (7) feet in excess of the maximum height allowed in the C-3 zoning district. Thus, the applicant is requesting a Height Exception of seven (7) feet. The subject property is located at the southeast corner of Boynton Beach Boulevard and Interstate 95. ANALYSIS Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the standard citywide maximum building height is 45 feet. As noted above, the average roofline of the building, as shown on Sheet 2 (see Exhibit "B"), is within the maximum height limitation of 45 feet. The hip roof of the decorative tower (which screens the mechanical rooftop equipment) is proposed with a mean roof height of 52 feet. The height of 52 feet requires approval of a seven (7) foot height exception. Per the Community Design Plan, rooftop equipment shall not be visible for a minimum distance of 600 feet. Therefore, the applicant proposes the tower element as a method of screening the equipment from view. The proposed decorative tower would not have an adverse effect on the existing and proposed land uses and the mechanical equipment will be screened in accordance with City code. The request for additional height would not severely reduce light and air in adjacent areas. A review of the rooftop design indicates the square footage of the tower element equates to only 2% of the total roof area. Additionally, the building is surrounded on three (3) sides by rights-of-way, with commercial structures on the fourth (east) side. The height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions on neighboring properties. The decorative tower would provide an attractive feature to help beautify the building and help anchor the east end of the hotel. The tower will also be softly lit at night, adding further building enhancements contemplated in the City's design guidelines. Finally, the granting of this height exception does not constitute a special privilege to the current property owner. Therefore, staff has determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. of the Land Development Regulations. Page 3 Memorandum No. PZ 08-007 RECOMMENDATION Based on the analysis contained herein, staff recommends that this request for a height exception of seven (7) feet be approved, subject to the conditions of approval listed in Exhibit "C". Any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "c" accordingly. S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\HTEX 08-001 \Staff Report.doc ,', '\#'t' ------._~.~~'''.,. " "';NW~'UH-:~ ' : .._~_...."-._..,,,~- ...-...,~.~ ,--'~"'L""'__ - It) ,Z 0) ~ _.......,.,..,- w rn t;: '';0 ';:~..rl CJ) >- 'Z- ~ ~ -----~:~, '" '00 ~ ~ 0::: --1im\_.." w m I~.. >- ~ ~ to ." >< .~.- Z (J'\ ~~~ ~ ....I <! Cl ---"--" @:f'}-.''''---:::-'::': - .".",..-..,_. -~._.... ---. ..--...... .. .~_m__.. ~ BOYNTON BEACH BLVD ~ -", ~_.._"_..._- -"- ~..,.,,-, ,...-- ..-.--.,.... NW 1ST AVE .- ..-- ...._,,~-~. ~.__... -'---'-",.-.-..' ..~..._.__.. .,..-_.. '~~..- - ~ z 00 ~ ..-oi m ::I: ~ ;0 ~-_.~_.,-. ~ ..._-. -" .,,' . ...--......-. .._-,,-- . ""._"... CJ) "'" ..-oi :$ '~ :z >C_ ___u.~._. m ..- U) W OCEAN AVE CJ'\ --.-. ,.... ...._...__..~,._.___._.._,,~_..'_____m ,_.,.__, ~ U " ~ . . . _,- ..---.. .,0 --.-- (/)--- :~ -,","" -".-""".-- ':I: :('1') .U'll +- ...--........-.S ...-_........ .q '~ _m. ..~. CI) ._......~._--_......- -~.._----- - ---.....--.,." -',--- --,.- r/) SW 1ST AVE .- ..- "--' .-.- ....~---_._~-._- >-,., "_."._-~.._,~--,,,.... ..-_..........-.. ...,....,-....._~~_. --... ,-~------, -~_..,._..-_.,~. EXH'IBIT B ~'\ ',_ . "._ - - .,_... I,'~, '_._..~---\\': ~-1).) ~lY , .-~--.Il \ -.. ..'li' ~'-~.u____..! ~~~I, r~;v ~i. .. ~';' '" ,.. 51~": \';. ."- .. '.-""- II ==_..... -_.__...,~: ~. 1'~tll~[J~ \ ~___.u ~c, .'. '\;,/l~/ Ii:,: I Ii;' I I J.L.JI ~ ~ '0 I, ~ 1- ~~r"') :~ II, I; ,I - 'Ill ~, 'c ....---... ......... 'Ii - __I - ___ _~ A "III! 1.. _ ,'. 1--- -.---------.-- '( , '.\ ..'.... it I ; '~.' ~ , 1\ I tt...~ , \ ' 'i I I, I I'i"~, II . .... -.\ " " c_..__.. . . -----171 bI::;:;:~mm::===ilillii!E:jmL rJ/ ;/ '.... . _... _m__._..~1 " i~lrmlllr-'mr-r 1../ !bdll~!IIIJ!t::1\I\IL::l____, \~,i."~,i~i-.. ~'.~-.;.'~~.~j~~{~1~ 'c~'-qI1'_~ ..-.....--..-....._.-...-,.....~_.-._.. '.']'- !. /, ' ,f ~.."'-..jir'.'ji--.3)2-:..;;I/ ;:!ijj' /4 !!,' iI ... .. -...",.. .... '. ..... '. "'.. . , E'f . II.. ~f '- ....u_;:'~~---=~ ,. '.c-~~lJ"':f ... /--..,;' ~~.'~ "....~~.. ..~_.j" r ~tr ~~ ~z ~~ i~ ~~ , \ I. ) 9 ~...~~ ) ~/"'~J,y =t:::t' ::::~i :::~~ , " ~c;i;::,=_-:d J:: == ==;J ."\.'-u",~-=~! '-'.'-....",. .I......'X ........h ....1....' '''' ."'\ ~ ~~t ",5' .,1> ~ IH .!!. 8'l' n. ~i'l , ~ ~ ril j,.,.. '.. ... . )> ~ i s ~ Vi i Holiday Inn Express f ~ g. en ~ ! i Facade Modifications I Ii f i i1 ~ ~ I I 480 West Boynton Beach Blvd. f f Ii 11 ~ ~ ~ . Boynton Beach, FL 33435 ~ ..----- -----..-.-- EXHIBIT B 52'-0"....Aoat .... 5N"......... .. I r! U I i II ~ s I ~ I I I I II I I II I I II I I II I I J I I II I I I I I I U If Ii :. II I II I I I : Ii ql f ~I p ~~ Hi '" ,. . ,. i'l ~. t~ ,t "t rJ (') ~i~~ I!!. ~i R! R~!_ i_I e I I . IL" f. .. ;; "~a!'l ;: ! a ~ eilL ,il f I I ! ./; .. II!. I i'i ,,:r ~ ~ . Im~g ~SF;; ~ e I " in f J J I I I I I I Il Holiday Inn Express I " ~ ~ ~ i P m r- f llia;.c m :;; Facade Modifications I~CD<= -f ~~~f ~ ~ 5 480 West Boynton Beach Blvd. 181, jI3 ~ ........, :z: en Boynton Beach, FL 33435 SCD r> EXHIBIT "C" Conditions of Approval Project name: Holiday Inn Express File number: HTEX 08-001 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic ..-- Comments: None X UTILITIES -- Comments: None X FIRE Comments: None X POLICE Comments: None X i T ENGINEERING DIVISION i -- ! Comments: None X BUILDING DIVISION - Comments: None X PARKS AND RECREATION Comments: None X I I FORESTER/ENVIRONMENT ALIST I I Comments: None i X PLANNING AND ZONING Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I I Comments: None I X I I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\MSPM 08-003 HTEX 08-001\COA HTEX.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Holiday Inn Express APPLICANT'S AGENT: John Garra - Square One Architecture, Inc. APPLICANT'S ADDRESS: 4632 N. Federal Highway Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2008 TYPE OF RELIEF SOUGHT: Request for a Height Exception of seven (7) feet for a decorative tower feature rising to a height of 52 feet. The maximum building height allowed in the C-3 zoning district is 45 feet. LOCATION OF PROPERTY: 480 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\MSPM 08-003 HTEX 08-001\DO HTEX,doc Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 It was suggested the board be provided with another opportunity to view the elevations, and if there was any activity on the project, staff could encourage the applicant to provide the project with greater style to counter its current "boxy" appearance. Added glass or contemporary design features could also be considered to trigger a loft look. It was suggested "minor" modifications be removed from condition # 1. Mr. Rumpf indicated staff might tweak this condition in its recommendation to the City Commission. Motion Mr. Myott moved to extend the site plan approval, subject to all staff comments and to add an additional comment that the exterior design elements would be improved prior to submitting for building permits. Mr. Barnes seconded the motion that passed unanimously. c. Holiday Inn Express Maior Site Plan Modification Mr. Breese requested both items be consolidated for the presentation, with individual motions to be made for each item. The board had no objection. 1. PROJECT: Holiday Inn Express (MSPM 08-003) AGENT: John Garra, Square One Architecture, Inc. OWNER: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for major site plan modification approval to alter the facade of the existing hotel with exterior enhancements of the existing structure with a decorative parapet and roof features. Holiday Inn Express Heiaht ExceDtion 2. PROJECT: Holiday Inn Express (HTEX 08-001) AGENT: John Garra, Square One Architecture, Inc. OWNER: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for height exception to allow screening of roof-top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 the 45 foot maximum height allowed in the C-3 zoning district. Mr. Breese explained University Holdings proposed to alter the exterior facade of the Holiday Inn Express at 1-95 and Boynton Beach Boulevard by removing the mansard roof and replacing it with a parapet and decorative cornice, placing gable roofs over every other column of windows and putting a decorative tower on the roof to screen the mechanical equipment at the east end of the building. The alterations were defined as major as a result of the height of the tower structure, and would require a 7 foot height exception. The building would remain four stories tall. The parapet would be 38 feet, 3 inches. The gable roofs would be 40 feet, 7 inches. The proposed decorative tower would not appear to cause any difficulty with the existing land uses or proposed land uses in the area. Additionally, the hotel was surrounded on three sides by a right-of-way and did not have immediate adjoining properties. The tower itself constituted 2% of the hotel roof and would not be a detriment to light or air to any adjoining properties. The applicant had indicated the building colors and stone veneer would remain the same. The changes were outlined earlier with the roof line. The gable roof and hip roof over the top of the decorative tower were proposed as a standing seam metal roof, with a galvalume (natural aluminum) finish. Staff had concerns regarding the finish on the roofs, as the porte cochere roof and tower on the east building currently were currently blue. The applicant indicated the owner was not in a financial position to change all the roofs to the galvalume finish and requested they be given a few years to accomplish this. Staff placed a condition of approval that the roofs all match at the conclusion of the project. The applicant also proposed to utilize a new signage concept, placing the signs on the north and west building elevations on the new parapet. They also proposed to replace the Holiday Inn sign on the easternmost wall along the porte cochere with a cabinet sign. In the conditions of approval, staff also recommended the cabinet sign be changed to individual channel letters to produce the appearance of a smaller sign. Staff recommended approval of the height exception, as well as the major site plan modification, with the conditions as noted in Exhibit C, Conditions of Approval. John Garra, Square One Architecture, agreed with the recommendations except for the roof color. He would prefer the galvalume or metal roof in order to remove the corporate branding colors from the building. Additionally, the long-term plan was to apply the metal color to all the roofs in approximately four years as a result of budgetary constraints. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 Chair Jaskiewicz noted she was pleased with the features added. The changes to the facade softened the view from 1-95, and the tower affect provided identity and refinement. Board discussion ensued. Suggestions included: . Correcting the roofs, ensuring coordination of the colors. . The project contained too much yellow. While design elements were added, other considerations could include accent paint colors, decorative metal work in the openings in the tower, and the addition of outriggers under the soffit. . The building, situated at a major roadway, had been in disrepair for a number of years, and the project would be worthwhile if sufficient changes were made. . The applicant's enhancement of the design and bringing it back to the board next month. . Placing a condition on the approval requiring 24 months to update the existing porte coochere cover to match the new cover on the western building. Mr. Garra noted the owner's budget had reached almost $250,000 and would be subject to the Art in Public Places requirement. As such, he believed the artwork could be integrated into the tower panels. In reviewing the conditions of approval for the major site plan modification, Mr. Garra objected to condition #3, noting this would have to be addressed by the owner. Mr. Garra was working with a landscape architect regarding condition #1, which would be a requirement of the permitting process. Discussion ensued as to the impact of the Art in Public Places requirement and the manner in which improvements could be incorporated into the project. A suggestion was to enhance the tower, which would be preferable to the placement of a metal sculpture in the yard. Another suggestion was to design a more decorative fence. Motion Mr. Poznak moved that all of the recommendations made by this board be part of the approval. The board's recommendations include the addition of decorative metal work in the tower, architectural details and/or color accents to improve the overall appearance of the project, as well as the eight conditions of approval, and any conditions required by the City Commission. Ms. Grcevik seconded the motion that passed unanimously. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 Mr. Garra noted the changes would be implemented prior to the next City Commission meeting. Attorney Cherof asserted once the City Commission acted on the matter, and unless the City Commission sent it back before the board, the board would be unable to take further action. Chair Jaskiewicz suggested a board member attend the City Commission meeting in order to address this item. Motion Mr. Myott moved to approve the request for height exception to allow screening of roof- top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district. Mr. Poznak seconded the motion that passed unanimously. D. M-l Corridor Uses Code Review 1. PROJECf: M-llndustrial Zoning District - Corridor Uses (CDRV 08-003) AGENT: City initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 2. Zoning Section 8-A. M-j Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial or collector roadway. Attorney Cherof administered the oath to all who would be testifying. Chair Jaskiewicz, Ms. Grcevik, Mr. Barnes and Mr. Myott disclosed that they met with Mr. Weiner. Mr. Saberson disclosed that he spoke to Mr. Weiner on the telephone. Mr. Rumpf explained the proposed amendment would: . Allow selected commercial and retail uses on properties zoned M-l and located along major corridors; . Allow selected industrial and other uses with retail or commercial components along such corridors; and . Exclude heavy industrial and commercial uses from these corridors. 9 VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH 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 Citv Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 D June 17,2008 June 2, 2008 (Noon) (") March 31, 2008 (Noon) - 0 ("') -t ex> =i-< D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) ~ -<0 n"'" r-CO D May 20, 2008 May 5, 2008 (Noon) ~ July 15,2008 June 30, 2008 (Noon) N MO '" :.:0-< ::x % D June 3, 2008 D August 5, 2008 ~ .~ May 19, 2008 (Noon) July 14,2008 (Noon) (./)0 0::: C5 ~Q:J .. W -.t"l D D (")> Announcements/Presentations City Manager's Report en fI'1(") D D X NATURE OF Administrative New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the July 15, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on June 24, 2008, recommended that the request be approved subject to all staff conditions and the new condition to require added architectural detail and color accents to enhance the project. For further details pertaining to this request, see attached Department Memorandum No. 08-006. EXPLANATION: PROJECT: Holiday Inn Express (MSPM 08-003) AGENT: John Garra, Square One Architecture, Inc. OWNERS: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for major site plan modifIcation approval to alter the fayade of the existing hotel with exterior enhancements, of the existing structure with a decorative parapet and roof features. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A AL TERNA TIVES: N/A .~~~ ~ i~ Development Department . ctor City Manager's Signature Assistant to City Manager eM---' City Attorney / Finance HTEX 08-001 \Agenda Item Request Holiday Inn Express MSPM 08-003 7-15- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-006 STAFF REPORT TO: Chair and Members Planning and Deve~ent Board CL\s'. THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: June 2, 2008 PROJECT NAME/NO: Holiday Inn Express MSPM 08 - 003 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner/Applicant: Victoria Richman, University Holdings Agent: John Garra, Square One Architecture, Inc. Location: 480 West Boynton Beach Boulevard (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Request for major site plan modification approval to alter the fa<,;:ade of the existing hotel through the use of a decorative parapet and roof features. Acreage: 93,234 square feet / (2.14 acres) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard, then farther north is Galaxy Elementary School, zoned Public Usage (PU); South: Right-of-way for NW 1st Avenue, then farther south developed residential property, zoned Single-Family Residential (R-l); East: Developed commercial property, zoned Neighborhood Commercial (C-2); and West: Right-of-way for Interstate 95, then farther west is developed residential property, zoned Duplex Residential (R-2). Staff Report - Holiday Inn Express (MSPM 08-003) Memorandum No PZ 08-006 Page 2 Project size: The project consists of exterior remodeling of the westernmost structure that contains the 102 hotel rooms. Site Characteristic: The subject parcel is an irregularly shaped piece of land with approximately 430 feet of frontage along Boynton Beach Boulevard and a maximum depth of approximately 260 feet. The center portion of the lot is improved with the hotel lobby and ancillary services building, connected to the four (4) story building containing the 102 hotel rooms to the west by a covered walkway. The eastern portion of the property is primarily parking. BACKGROUND Proposal: University Holdings proposes to alter the exterior facade of the existing Holiday Inn Express to address the deteriorating mansard roof and update and enhance the image of the building. The fa<;ade improvements consist of removal of the mansard roof and replacement with a parapet wall and decorative cornice. Gable roofs will be constructed over top of every other column of windows on all facades. Additionally, a tower feature will be added at the east end of the building to screen mechanical equipment and architecturally enhance the structure. The subject alterations are defined as "major" rather than "minor", due to the fact that the tower element exceeds the maximum permitted height, thus requiring application for a height exception, which the applicant has filed concurrently. ANALYSIS Concurrency: Traffic: Traffic concurrency approval will not be required for the fa<;ade improvements. Utilities: No impacts to utility operations are anticipated with this request. Drainage: The Engineering Division has determined there would be no impacts to site drainage as a result of the proposed improvements. School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Boynton Beach Boulevard. Existing on-site circulation consists of one (1) driveway near the northeast corner of the property, which will not be altered with the proposed project. The driveway width measures approximately 25 feet in width. Parking Facility: Parking required for this type of facility is based on one (1) parking space per 1.25 hotel rooms (102 rooms X 1.25), for a total of 128 parking spaces. The site plan indicates 132 parking spaces are provided, including 6 handicap spaces, for an excess of 4 parking spaces. Staff Report - Holiday Inn Express (MSPM 08-003) Memorandum No PZ 08-006 Page 3 Landscaping: The proposed pervious or "green" area of the property would be 23,608 square feet or 25%. A landscape plan has not been submitted due to the fact that the project consists of fa<,;:ade modifications to the hotel building. However, at time of permitting, staff will review the site for any deficiencies or deviations from the previously approved landscape plan, and the applicant will be required to restore any damaged or missing plant material (see Exhibit "C" - Conditions of Approval). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. As noted earlier, the proposed alterations would include exterior modifications to the four (4) story hotel building located on the westernmost portion of the property (a new parapet wall and decorative cornice, gable roofs over top of every other column of windows, and a tower feature at the east end of the building). The existing four (4) story building has a typical roof height of 39 feet - 9 inches. The maximum building height allowed in the C-3 zoning district is 45 feet. The elevation (see Exhibit "B'') shows that the building remains four (4) stories tall, with a typical parapet height of 38' - 3", and the peak of the gable roofs over the windows depicted at a height of 40' - 7". The decorative tower feature however rises to a height of 52' - 0", measured at the mean roofline, or seven (7) feet above the maximum height allowed in the (-3 zoning district. Thus, the applicant is requesting a Height Exception of seven (7) feet (HTEX 08-001) . Approval of this Major Site Plan Modification is subject to the approval of the Height Exception (see Exhibit "C" - Conditions of Approval). Design: The applicant has indicated that the colors on the existing building will not be altered as a result of this application. Exterior walls where the work will occur are to be painted to match the existing yellow. The existing stone veneer is not proposed to be changed. The new gable roofs over top of the columns of windows and the hip roof of the tower feature are proposed as standing seam metal with a galvalume (natural aluminum) finish. Staff expressed concern over the galvalume finish on these elements, since the existing porte cochere and tower element on the easternmost building have blue standing seam metal roofs. Staff explained to the applicant that these roofs should all have the same finish. The applicant indicated that the owner was not in a financial position currently to be able to accomplish the proposed work and address the existing roofs as well. The owner has indicated they would prefer to complete the proposed work now, and in a couple of years remove the existing roofs on the easternmost structure and replace them with galvalume (natural aluminum) finish standing seam metal roof material. Staff recommends that all roofs on the property be designed to match, either all blue or galvalume finish and have included this as a condition of approval (see Exhibit "C" - Conditions of Approval). Additionally, the easternmost building on the site, containing the hotel lobby and ancillary services building, requires some fa<,;:ade maintenance and paint in various locations, due to what appears to be deferred maintenance. Staff is recommending these areas be required to be addressed as part of this approval (see Exhibit "C" - Conditions of Approval). The new decorative tower is proposed to be softly illuminated behind frosted glass, to provide an attractive enhancement to the hotel. Staff has also recommended the applicant seek a fa~ade grant through the Community Redevelopment Agency Staff Report - Holiday Inn Express (MSPM 08-003) Memorandum No PZ 08-006 Page 4 (CRA) to consider replacing the chain link fence along the Boynton Beach Boulevard frontage with a more decorative type of fencing material. CRA staff is aware of this suggestion and recommends an application be filed. Signage: The applicant proposes to utilize the new signage concept being instituted by Holiday Inn corporate, which will be placed on the north and west building elevations, upon completion of the fa~ade work. The applicant is also proposing to replace the existing signage on the easternmost building, facing east and located next to the porte cochere. Staff recommends, due to the size of the sign on the easternmost building, that this sign be changed from the proposed cabinet sign style to channel letters, in order to reduce the perceived scale of the sign. (see Exhibit "C" - Conditions of Approval). The existing sign on the easternmost building currently consists of channel letters, which helps disguise the actual size of the sign, since the letters are placed directly on the wall as opposed to a separate background color. RECOMMENDATION: The Technical Application Review Team (TART) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon all comments indicated in Exhibit"C" - Conditions of Approval, including approval of the corresponding height exception (HTEX 08-001). Staff recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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II "'Ill: '~f -_._~..~ -0 U ~ '" ~. .~ I';: .. -- II ~ r- Holiday Inn Express I l ;t' d en . ~ ; f " I ::ToO <is" ~ f~ ~ ~ < i ~- = I = Facade Modifications 0.5 ill r~~ - rn !au> ~d @ 0 ~g. 480 West Boynton Beach Blvd. ~ ~ "5-i6 '" CD 3 ..r::::.. a Boynton Beach, FL 33435 p n llolLL__ ---------.------------ EXHIBIT "e" Conditions of Approval Project name: Holiday Inn Express File number: MSPM 08-003 Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27,2008 Planning & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 1. At time of permit, the applicant shall submit landscape drawings to show all X Conditions of Approval 2 I i INCLUDE i - II " DEPARTMENTS REJ Eel [I of the existing landscape & irrigation improvernents meet the original I I I landscape plan requirements. I 1 I i : PLANNING AND ZONING I -.-.----- i Comments: 2. Approval ofthe Major Site Plan Modification is subject approval of the X I corresponding Height Exception (HTEX 08-00 I) application 3. The standing seam metal roof is proposed as natural (galvalume), whereas X 1 the existing porte cochere and tower roof on the easternmost building are I blue in color. Please correct so all roofs are coordinated. I 4. The cabinet wall sign proposed for the easternrnost building, next to the X I porte cochere, shall be changed from a cabinet sign to channel letters. I 5. The easternmost building requires facade maintenance and paint in various X locations. These areas shall be required to be addressed as part of this I I approval. 6. Staff recommends the applicant contact the Community Redevelopment X Agency (CRA) for a potential fas;ade grant to replace the chain link fencing along Boynton Beach Boulevard with decorative alurninum fencing. 7. It is the applicant's responsibility to ensure that the major site plan X modification and height exception are publicly advel1ised in accordance with Ordinance 04-007. 8. Should the permit value exceed $250,000, the applicant is responsible for X I compliance with Ordinance 05-060, the" Art in Public Places" program and I must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I I -1, Comments: ~ i 9. Add architecture detail and color accents to enhance the project. X I I i ! I I ADDITIONAL CITY COMMISSION CONDITIONS I I -------1 I Comments: I I 1. To be determined. I i II S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\MSPM 08-003 HTEX 08-001 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Holiday Inn Express APPLICANT'S AGENT: John Garra - Square One Architecture Inc. APPLICANT'S ADDRESS: 4632 N. Andrews Avenue Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2008 TYPE OF RELIEF SOUGHT: Request for major site plan modification approval to alter the fac;ade of the existing hotel through the use of a decorative parapet and roof features. LOCATION OF PROPERTY: 480 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\MSPM 08-003 HTEX 08-001\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 It was suggested the board be provided with another opportunity to view the elevations, and if there was any activity on the project, staff could encourage the applicant to provide the project with greater style to counter its current "boxy" appearance. Added glass or contemporary design features could also be considered to trigger a loft look. It was suggested "minor" modifications be removed from condition # 1. Mr. Rumpf indicated staff might tweak this condition in its recommendation to the City Commission. Motion Mr. Myott moved to extend the site plan approval, subject to all staff comments and to add an additional comment that the exterior design elements would be improved prior to submitting for building permits. Mr. Barnes seconded the motion that passed unanimously. C. Holiday Inn Express Maior Site Plan Modification Mr. Breese requested both items be consolidated for the presentation, with individual motions to be made for each item. The board had no objection. 1. PROJECT: Holiday Inn Express (MSPM 08-003) AGENT: John Garra, Square One Architecture, Inc. OWNER: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for major site plan modification approval to alter the facade of the existing hotel with exterior enhancements of the existing structure with a decorative parapet and roof features. Holiday Inn Express Heiaht Exception 2. PROJECT: Holiday Inn Express (HTEX 08-001) AGENT: John Garra, Square One Architecture, Inc. OWNER: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for height exception to allow screening of roof-top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 the 45 foot maximum height allowed in the C-3 zoning district. Mr. Breese explained University Holdings proposed to alter the exterior facade of the Holiday Inn Express at 1-95 and Boynton Beach Boulevard by removing the mansard roof and replacing it with a parapet and decorative cornice, placing gable roofs over every other column of windows and putting a decorative tower on the roof to screen the mechanical equipment at the east end of the building. The alterations were defined as major as a result of the height of the tower structure, and would require a 7 foot height exception. The building would remain four stories tall. The parapet would be 38 feet, 3 inches. The gable roofs would be 40 feet, 7 inches. The proposed decorative tower would not appear to cause any difficulty with the existing land uses or proposed land uses in the area. Additionally, the hotel was surrounded on three sides by a right-of-way and did not have immediate adjoining properties. The tower itself constituted 2% of the hotel roof and would not be a detriment to light or air to any adjoining properties. The applicant had indicated the building colors and stone veneer would remain the same. The changes were outlined earlier with the roof line. The gable roof and hip roof over the top of the decorative tower were proposed as a standing seam metal roof, with a galvalume (natural aluminum) finish. Staff had concerns regarding the finish on the roofs, as the porte cochere roof and tower on the east building currently were currently blue. The applicant indicated the owner was not in a financial position to change all the roofs to the galvalume finish and requested they be given a few years to accomplish this. Staff placed a condition of approval that the roofs all match at the conclusion of the project. The applicant also proposed to utilize a new signage concept, placing the signs on the north and west building elevations on the new parapet. They also proposed to replace the Holiday Inn sign on the easternmost wall along the porte cochere with a cabinet sign. In the conditions of approval, staff also recommended the cabinet sign be changed to individual channel letters to produce the appearance of a smaller sign. Staff recommended approval of the height exception, as well as the major site plan modification, with the conditions as noted in Exhibit C, Conditions of Approval. John Garra, Square One Architecture, agreed with the recommendations except for the roof color. He would prefer the galvalume or metal roof in order to remove the corporate branding colors from the building. Additionally, the long-term plan was to apply the metal color to all the roofs in approximately four years as a result of budgetary constraints. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 Chair Jaskiewicz noted she was pleased with the features added. The changes to the facade softened the view from 1-95, and the tower affect provided identity and refinement. Board discussion ensued. Suggestions included: . Correcting the roofs, ensuring coordination of the colors. . The project contained too much yellow. While design elements were added, other considerations could include accent paint colors, decorative metal work in the openings in the tower, and the addition of outriggers under the soffit. . The building, situated at a major roadway, had been in disrepair for a number of years, and the project would be worthwhile if sufficient changes were made. . The applicant's enhancement of the design and bringing it back to the board next month. . Placing a condition on the approval requiring 24 months to update the existing porte coochere cover to match the new cover on the western building. Mr. Garra noted the owner's budget had reached almost $250,000 and would be subject to the Art in Public Places requirement. As such, he believed the artwork could be integrated into the tower panels. In reviewing the conditions of approval for the major site plan modification, Mr. Garra objected to condition #3, noting this would have to be addressed by the owner. Mr. Garra was working with a landscape architect regarding condition #1, which would be a requirement of the permitting process. Discussion ensued as to the impact of the Art in Public Places requirement and the manner in which improvements could be incorporated into the project. A suggestion was to enhance the tower, which would be preferable to the placement of a metal sculpture in the yard. Another suggestion was to design a more decorative fence. Motion Mr. Poznak moved that all of the recommendations made by this board be part of the approval. The board's recommendations include the addition of decorative metal work in the tower, architectural details and/or color accents to improve the overall appearance of the project, as well as the eight conditions of approval, and any conditions required by the City Commission. Ms. Grcevik seconded the motion that passed unanimously. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 200S Mr. Garra noted the changes would be implemented prior to the next City Commission meeting. Attorney Cherof asserted once the City Commission acted on the matter, and unless the City Commission sent it back before the board, the board would be unable to take further action. Chair Jaskiewicz suggested a board member attend the City Commission meeting in order to address this item. Motion Mr. Myott moved to approve the request for height exception to allow screening of roof- top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district. Mr. Poznak seconded the motion that passed unanimously. D. M-l Corridor Uses Code Review 1. PROJECf: M-l Industrial Zoning District - Corridor Uses (CDRV OS-003) AGENT: City initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 2. Zoning Section 8-A. M-l Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial or collector roadway. Attorney Cherof administered the oath to all who would be testifying. Chair Jaskiewicz, Ms. Grcevik, Mr. Barnes and Mr. Myott disclosed that they met with Mr. Weiner. Mr. Saberson disclosed that he spoke to Mr. Weiner on the telephone. Mr. Rumpf explained the proposed amendment would: . Allow selected commercial and retail uses on properties zoned M-l and located along major corridors; . Allow selected industrial and other uses with retail or commercial components along such corridors; and . Exclude heavy industrial and commercial uses from these corridors. 9 VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH 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 o April15,2008 March 31, 2008 (Noon) 0 June17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14,2008 (Noon) 0 July I, 2008 June 16, 2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) [8J July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14, 2008 (Noon) <::) n~ CO --< Sa' ..... .' ~~ o Announcements/Presentations 0 City Manager's Report fIQ ::;;g NATURE OF 0 Administrative 0 New Business c.n ~.~ AGENDA ITEM 0 Consent Agenda 0 Legal ~ end , 0% o Code Compliance & Legal Settlements 0 Unfinished Business ~ ~ Co.) -"" [8J Public Hearing 0 UI ~. g RECOMMENDATION: Please place this request on the July 15, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on June 24, 2008, recommended that the request be approved, subject to revision of the conditions of approval to eliminate language indicating the processing of a minor modification will require the property to be rezoned and the addition of a new condition, requiring further enhancements to the building facades prior to permitting. For further details pertaining to this request, see attached Department Memorandum No. 08-058. EXPLANATION: PROJECT: Boynton Lofts (SPTE 08-004) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNERS: James A. Seifert, Addison Properties of South Florida LOCATION: 623 South Federal Highway DESCRIPTION: Request for a third one-year (1) site plan time extension (NWSP 05-008 and HTEX 05- 001) for a mixed-use project consisting of 48 condominium units and 3,096 square feet of retail space on 1.21-acres approved on April 19, 2005, thereby further extending the second site plan and height exception approvals from April 19, 2008 to April 19, 2009. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/ A ALTERNATIVES: N/A l.u 7-~ ~ ~~ Development Dep;~ DirectR City Manager's Signature / /7 L-- A,,;,tant to C;ty Monag" C#Yt./ , c:j c: __ ./ anning and Zo~tector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 08\Agenda Item Request Boynton Lofts SPTE 08-004 7-l5-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-058 TO: Chair and Members Planning & De~nt Board THRU: Michael Rumpf ( { Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: May 29, 2008 PROJECT: Boynton Lofts / SPTE 08-004 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Applicant / Agent: Bradley Miller, Miller Land Planning Consultants Location: 623 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/ Zoning: Mixed Use (MX)/ Mixed Use-Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request a third site plan time extension approval for a mixed use project consisting of 48 condominium units and 3,096 square feet of retail space on 1. 21-acres. Acreage: 1.21-acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and West: Right-of-way for Southeast 4th Street, then farther west is an active park (PenCE Park) classified Recreational (R) land use and zoned RecreatiOfl (REC). Page 2 Memorandum No. PZ 08-058 BACKGROUND Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc, is requesting a one (l)-year time extension for the Boynton Beach Lofts Site Plan and Height Exception Development Orders (NWSP 05-008) (HTEX 05-001) which were approved by the City Commission on April 19, 2005, and modified by a Minor Site Plan Modification (MMSP 07-038). The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. Earlier site plan time extensions were approved in April of 2006 and June of 2007, as the applicant was unable to secure a permit by the expiration date of the original site plan approval. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification would be extended to April 19, 2009. According to the original site plan staff report, Boynton Beach Lofts was approved for 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres, at 623 South Federal Highway. The height exception request was for three (3) feet - two (2) inches above the maximum height of 75 feet in the Mixed Use - Low (MU-L) zoning district. This approval allowed the top of the stairwell to be designed at 78 feet - two (2) inches in height. A Minor Site Plan Modification, approved in 2007, retained the proposed 48 dwelling units, eliminated the office space and reduced the retail space to 3,096 square feet. Additionally, the height of the buildings was reduced to 62 feet - 10 inches for the building fronting Federal Highway and 53 feet - 2 inches for the building fronting SE 4th Street. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensIons, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request April 4, 2008, approximately two (2) weeks prior to the expiration of the site plan. In the previous time extension application, Mr. Miller indicated the developer had completed working drawings for the project, had worked toward the marketing and sales of future units, including marketing packages and the assembly of a sales staff, completed a project dedicated website, cared for onsite landscaping, and secured county civil permits. At that point in time, the developer had spent nearly $730,000 toward the project. However, the residential markets' slow down in 2006 limited the feasibility of continuing with the project at that time. In the current extension request, Mr. Miller notes that the development continues to be delayed by the downturn in the residential market. Consequently, the developer continues to research various ways of marketing the project, including downsizing units and working with the CRA for incentives funding and consideration of workforce housing. As such, they are requesting another one (1) year time extension to continue discussions with the CRA, evaluate financing options and, if necessary, return to the City with modifications to the plans. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. Traffic concurrency was approved with a build-out date of 2008 and no building permits are to be issued by the City for this project after the 2008 build-out date. Since the applicant has not begun any construction, it would appear there would not be adequate time left on his traffic concurrency, and an updated traffic approval letter from Palm Beach County Traffic Engineering will be required. As for utilities, records indicate the utility reservation fee is once again due. Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move Page 3 Memorandum No. PZ 08-058 forward. The site plan time extension would still be subject to the original conditions of site plan approval and those conditions associated with the minor site plan modification. Major alterations in the City's zoning regulations have also occurred since the site plan was originally approved. The Boynton Lofts project was originally approved concurrent with a rezoning to the MU-L (Mixed Use - Low) zoning district. Since then, following numerous public workshops and hearings, the MU-L zoning district has been replaced by a series of districts, ranging from MU-Ll to MU-L3. The original MU-L zoning district is intended to coincide with the new MU-L3 zoning district in terms of maximum height and density. However, in accordance with the recommended locations for the new districts, the subject area is targeted for the MU-L2 district, permitting building heights up to 65 feet and a maximum density of 30 units per acre along limited segments of areas #2 and #4, as delineated by the Federal Highway Corridor Community Redevelopment Plan. The minor site plan modification approval reduced the building height from its original 78 feet - 2 inches to 62 feet - 10 inches, which would be in conformance with the 65 foot height limitation of the MU-L2 district. However, the project's density remains unchanged at 39.7 units per acre, which would accommodate the construction of approximately 12 dwelling units more than would be allowed under the MU- L2 regulations. In short, project height will become consistent with the vision for building height within this area, as set by the MU-L2 district, whereas project density will exceed that of the proposed district and vision. Additionally, the project was approved prior to the adoption of the sky exposure plane regulations, which are designed to incorporate articulation/step back in building facades. The building has been designed with recesses and pop outs, as well as the illusion of step backs with the incorporation of balconies, including nearly full fac;ade balconies at the second floor level on both the east and west buildings, facing the street. Even though the project does not meet the full extent of those regulations, the above-noted treatments give the project the visual interest that was the impetus for adoption of the sky exposure plane. Staff acknowledges that these inconsistencies will not provide a significantly noticeable disruption in the aesthetic quality envisioned for the area, nor will it adversely affect the quality of life for adjacent properties. However, more relevant is the development of this property in the absence of the superseded MU-L district. Although the original zoning for the project has been replaced, the project can still be developed in accordance with the current valid development order. However, with the absolution of this zoning district in 2006, major changes to the approved plan, resulting from market changes, should not be processed without the rezoning of the property, from MU-L to MU-L2, consistent with the redevelopment vision. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-008) as revised by minor site plan modification (MMSP 07-038), subject to the conditions contained in Exhibit "D"- Conditions of Approval. If this request for extension were approved, the expiration date, including concurrency certification would be extended to April 19, 2009, and all conditions from the original and modified approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 08-004\Boynton Lofts SPTE Staff Report.doc ~ "- .~;;~..~~'': -:\" l"'~, ~. , ~.~~ -,~ .~.., ~~. ... ~ ii, .... , '- fT=.'~I. ~. ".'('.' F.lj. F;. '....~ .'1 \. . i 'J:I:l Ii1C1 El tI:: I, l -,- i -_.._~ ,. l::: I' __~,. _ ~ I ! j ,.".... );;".'''~ b-i- I ,~'.; .."]... """"~" '." . ...... ..... I....... ........ j ~"~~: - . ~;It.!..". I . . ! I ';~,' I ,i ,'., I _ :, ".... - . ,',.' I' '" ~~~L I~- .~, ..-....- '.......11..'.1........ '. ."'''' ".ld ".....".:._..1 ~".;. ' : ; .' : ';' ' ; ~ :; :; ,I : 'fl, . ... '1E\'~Li "~.' .;' '.ItB' 'I .~, . , ".1 ,; . ;, , - Ii . . HbJ:." l'r-h-' II ~. ,.' ... . ,c.,.:,: I " )_""~;:"" -. - .-:'f' ~:.qd t. ~; '1;:>:' l~;,t,~,. J . - . .' . ;[;~~;II~ .,-~:' l;;<~rr;1-p- r . j. ..... ':lll%~',..iII.. _,'! .I,Ro';,;'", ....,. . '",,: rh~\ "-:::;.,,,,~tY.' -'-":....1.. :,;:::........... .,'~;. " .,/fJ.~ ">~A,:\t;~,f.:li\ .. ::;;:--- .."//"" F.h~,"' 8',\ot,',<:;',.,:"", " '. T' ",t' ~~'i!,l : ',." "'!~~ I '1iMS:~"'ll~ .-, ' ~~, ~ I ":illi' ~;""""'I : ' ~:J .1 ~tr,1\j J I ~:t~~l' I ;i\\4i"w YJf.~h 'i II ' ..~' ""-"'~.. .1' !, I ;~I~ i ","",1, !." ....., 'I+-J ~"".!. " -" ,':', - :..,." "- . '-:.' , ' ~:~, ,.'., ., . ~~~~ <. .:__' _ i~ : ,-rr, _ .\~,~': , ~-,,---- ~-~ iBl'--'-- ro. IE'''''' IE.' .., ~.'~.:,.' _:;,. ;" ~...'.'! : I ~ I:' ! ' . . . . , " ~T"'''''' ... ~4"~'~~ ..,~ ' ..... ,~, , ~\~ ~ \ J: ~ ,~ ~~~-- , ,,:-~; ~,~:....JO;;lI\Il' ~7~'" .0:\ i\ , (tf!t ~,' ' I ..~ . I........ \ ~;'.' b=' I~~,.:;;:: .! . i : .~~ """""W-"j I ~ ' , '~ , .1 " .'r ',I ~ 1 I 'Ii i' I, -fj; ~ i ~-~ .-""--"....--",.~.,~ ,....." .~.....-~ .......'''!'''' -rl>'ttl JJj' '. ~ ',',' ' .', : ,-1 l' ~ ....,r.. , : - .. '. ' . - ". . . . - . ' , " .' , . , , - ~ _ ' ',' ", "..' ,', "., -L . ",' " .' 'I c:l~ "~l I::', "Il "\ Qj t=\ ;1"'. ';'; i ;~ ., i.: -:!', c. . . . . 'I MILLER 420 W. Boynton Beach Boulevard LAND Suite#20 1 Boynton Beach, FL 33435 PLANNING PHONE . 561/736-8838 CONSULTANTS, INC. FAX . 561/736-8079 April 4, 2008 Michael Rumpf ------..-- CITY OF BOYNTON BEACH -.........-......----..;.;..:..-----.. PLANNING & ZONING DEPARTMENT 100 E. Boynton Beach Boulevard I ,PlOP. - 4 Boynton Beach, FL 33425-0310 . . i; ----'-.... RE: Boynton Beach Lofts Site Plan TIme Extension Dear Mike: This letter is to request a one year time extension for the site plan approval tor the Boynton Beach Lofts project. This project was originally approved on April 19, 2005, received a one year extension which expired on April 19, 2007. An additional extension was granted and expires on April 19, 2008. As you have experienced with other projects, this development has been delayed by the down turn in the residential market. However even with the down turn, the owner has researched various ways of marketing the project including down sizing units, working with the CRA tor incentives funding and contacting state agencies relative to work force housing. As much as our Client would like to proceed with the project, it needs to occur with economic viability. This extension will allow the developer to continue working with the CRA and evaluating financing options and, if necessary, return to the City for modifications to the plans. We appreciate your understanding of this request. Enclosed is a ched for the $500.00 processing fee. Should you need any additional information, please call. Sincerely, ~lANNIN ONSULTANTS. INC. Bradley D. M~AICP President cc: James Seifert M:\M L P C\PROJECTS\Boynton Beach Lofts\Time Extension III\M, Rumpf Time Extension 032808.wpd EXHIBIT C EXHIBIT "D" Conditions of Approval Project name: Boynton Lofts File number: SPTE 08-004 Reference: I DEPARTMENTS I INCLUDE I REJECT ] PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic -- Comments: None X UTILITIES Comments: None X I FIRE Comments: None X I I POLICE I I ------ Comments: None X ENGINEERING DIVISION Comments: None X I BUILDING DIVISION i Comments: None X I PARKS AND RECREATION ---11 " Comments: None X Ii l! FORESTER/ENVIRONMENT ALIST I 'i ----11 " Comments: None X Ii Conditions of Approval 2 I DEPARTMENTS I mCLUDE I REJECT I I Comments PLANNING AND ZONING I I I 1. Any further modification of the development, major or minor, shall be processed only after, or in conjunction with, the rezoning of the property X from MU-L to MU-L2, consistent with the redevelopment vision of the City. 2. The approval of the Site Plan Time Extension is subject to the conditions of X approval of the original site plan approval and subsequent mmor modification approval. 3. Prior to submission of permit application, the applicant shall submit an X updated traffic approval letter from Palm Beach County and the required utility reservation fee to ensure adequate capacity exists for the project. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 4. An application for major modification of the site plan shall be processed only X after, or in conjunction with, the rezoning of the property from MU-L to MU- L2, consistent with the redevelopment vision of the City. 5. Prior to submission of permit plans, the applicant shall revise the building facades to provide additional architectural enhancements, more in keeping X with the originally approved design. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:\Planning\SHARED\ WP\PROJECTS\Boynton Lofts\SPTE 08\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lofts APPLICANT'S AGENT: Bradley Miller - Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2008 TYPE OF RELIEF SOUGHT: Request a third site plan time extension approval for a mixed use project consisting of 48 condominium units and 3,096 square feet of retail space on 1.21-acres. LOCATION OF PROPERTY: 623 S. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynlon Lofts\SPTE 08\DO,doc Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 to rental units; to eliminate one (1) access driveway; and to revise layout, project circulation, and associated parking areas. Gulfstream Gardens Maior Site Plan Modification (Postponed to next meeting) 2. PROJECT: Gulfstream Gardens (MSPM 08-004) AGENT: Bradley Miller, Miller Planning Consultants, Inc. OWNER: Jeffrey B. Meehan, Gulfstream Gardens, LLC LOCATION: West side of Federal Highway, approximately 1f4 mile north of Gulfstream Boulevard. DESCRIPTION: Request for Major Site Plan modification to revise the type of housing approved from 308 townhouse units to 308 multi-family rental units; to eliminate one (1) access driveway; to unify and expand recreational amenities; and to modify layout and design of buildings and associated parking areas. B. Boynton Lofts Site Plan Time Extension 1. PROJECT: Boynton Lofts (SPTE 08-004) AGENT: Bradley Miller, Miller Planning Consultants, Inc. OWNER: James A. Seifert, Addison Properties of South Florida, Inc. LOCATION: 623 South Federal Highway DESCRIPTION: Request for a third one-year site plan time extension (NWSP 05-008 and HTEX 05-001) for a mixed-use project consisting of 48 condominium units and 3,096 square feet of retail space on 1.21 acres approved on April 19, 2005, thereby further extending the second site plan and height exception approvals from April 19, 2008 to April 19, 2009. Ed Breese, Principal Planner, reviewed the request. The site plan time extension and height exception for the project were approved by the City Commission in April 2005 and modified in a minor site plan modification in 2007. The original site plan staff report indicated the project was approved with 48 condominium units, office and retail space. The modification to the plan reduced the site by one floor, reduced the retail space, and eliminated the office space. The 40 condominium uses were retained. Mr. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 Miller noted in his request that the downturn in the residential market had slowed the project. He was exploring other avenues which might make the project feasible, including reducing the square footage of the units, seeking incentive funding from the CRA and considering a workforce housing component to the project. Criterion for reviewing site plan time extensions required compliance with concurrency regulations. The applicant would need to submit a new traffic concurrency letter, as the current letter indicated the project build-out date was at the end of 2008, and that could not be accomplished. The utility reservation fee on the project was due, and without this fee the City could not guarantee the capacity would be available at the time the project was ready to move forward. Major alterations in the City's zoning regulations had occurred since the site plan was originally approved, and was originally adopted concurrent with a rezoning to Mixed Use-Low (MU-L). MU-L has now become MU-Ll, MU-L2 and MU-L3. The area in which this project would be built was designated for MU-L2 and as such, would comply with height requirements. The density, however, would not be in compliance with the MU- L2 and would have 12 more units than allowed. The project would have been subject to the sky exposure plane regulations which were adopted shortly after the project was approved. While the building did not meet this objective totally, it did have some step- ins and pop-outs in the building, and staff believed the design would be in close compliance with the sky exposure plane. Staff acknowledged inconsistencies with the project with the new MU-L2 zoning, but recommended approval for the site plan time extension, the new site plan as modified by the minor site plan in 2007, and the height exception. Bradley Miller, Miller Planning Consultants, Inc., explained the initial revisions of the minor modification previously approved were an attempt by the developer to obtain funding, which was based on percentages of sales. The owner had researched various ways of marketing the project. Mr. Miller had no objection to the three conditions of approval. A question arose as to the City's rationale for locating the property in a non-conforming zoning district. Mr. Breese explained the MU-L zonings had not been revoked and the project could still be built as approved. Additionally, the MU-2L would decrease the height from 75 feet to 65 feet. The density was a bit less than what it would have been in MU-L3; however, staff believed this was compatible with MU-2 zoning projects. If only minor modifications were made to the project, Mr. Breese believed the applicant could retain the 12 units; however, the property would be rezoned to MU-L2 and all regulations would be enforced. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 It was suggested the board be provided with another opportunity to view the elevations, and if there was any activity on the project, staff could encourage the applicant to provide the project with greater style to counter its current "boxy" appearance. Added glass or contemporary design features could also be considered to trigger a loft look. It was suggested "minor" modifications be removed from condition #1. Mr. Rumpf indicated staff might tweak this condition in its recommendation to the City Commission. Motion Mr. Myott moved to extend the site plan approval, subject to all staff comments and to add an additional comment that the exterior design elements would be improved prior to submitting for building permits. Mr. Barnes seconded the motion that passed unanimously. C. Holiday Inn Express Maior Site Plan Modification Mr. Breese requested both items be consolidated for the presentation, with individual motions to be made for each item. The board had no objection. 1. PROJECT: Holiday Inn Express (MSPM 08-003) AGENT: John Garra, Square One Architecture, Inc. OWNER: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for major site plan modification approval to alter the facade of the existing hotel with exterior enhancements of the existing structure with a decorative parapet and roof features. Holiday Inn Express Heiqht Exception 2. PROJECT: Holiday Inn Express (HTEX 08-001) AGENT: John Garra, Square One Architecture, Inc. OWNER: Victoria Richman, University Holdings LOCATION: 480 West Boynton Beach Boulevard DESCRIPTION: Request for height exception to allow screening of roof-top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above 6 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH 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 D April 15,2008 March 31,2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) IZI July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) 0 0 n=i CO ~-< D Announcements/Presentations D City Manager's Report <-. -<0 c:: :z: o"Tt NATURE OF D Administrative D New Business N r-a:I ,1"'1 C> AGENDA ITEM D Consent Agenda IZI Legal (J1_~-< . . >.% D Code Compliance & Legal Settlements D Unfirushed Busmess ::II: <ACj <:) IZI Public Hearing D 9 ::::I; Coo) -P'1 RECOMMENDATION: Please place this request on the July 15, 2008 City Commission Agenda under'tltbli5 Hearing and Legal, Ordinance First-Reading. The Planning and Development Board on June 24, 2008, recommended tha the request be approved with the addition of allowing professional office uses on upper floors of buildings. For further details pertaining to this request, see attached Department Memorandum No. 08-062. EXPLANATION: PROJECT: M-l Industrial Zoning District - Corridor Uses (CDRV 08-003) AGENT: City initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 2. Zoning, Section 8.A. M-I Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial or collector roadway. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A 1<-u~~ i~ Development Departme irector City Manager's Signature Zi/r7 ~ Assistant to City Manager ChvL- Planning a~ng irector City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 08-003 M-I Corridor uses\Agenda Item Request M-Ilndust Zoning Dist CDRV 08-0037- IS-08.doc S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-062 TO: Chairman and Members Planning and Development Bo~ ] '0 FROM: Michael W. Rumpf ill Director of Planning and ZO'ning DATE: June 16, 2008 SUBJECT: CODE REVIEW / CDRV 08-003 Establishing corridor uses within the M-1 zoning district. NATURE OF PROPOSED AMENDMENT Staff is proposing an amendment to the Land Development Regulations (LDRs), Chapter 2. Zoning, Section 8.A. M-1 Industrial District, to establish a new subsection with provisions/regulations applicable to industrially-zoned properties that front a collector or arterial roadway. The proposed amendments would 1. Allow selected commercial and retail uses on properties that are zoned M-1 and located along principal corridors; 2. Allow selected industrial and other uses with retail or commercial components along such corridors; and 3. Exclude heavy or non-complementary industrial and commercial uses from these corridors. The proposed amendments would increase the availability of service or retail businesses to residents within the southern end of Congress Avenue, increase tenant options for property owners, prevent negative impacts to the aesthetics of the corridor from industrial uses, and maintain industrial-zoned property within the City. Furthermore, the proposed amendments would be consistent with recommendations from the 2006, M-1 Zoning District study (a.k.a. Mellgren Study), and begin implementing changes proposed within Group 2 of the LOR rewrite project. BACKGROUND The M-1 Zoning District and the topic of industrial lands have been receiving considerable attention, in part, due to availability of industrial lands, proximity of M-1-zoned property along one of the "entrances" into the City (Congress Avenue), and petitions to add non-industrial uses to this district. Despite the recent amendments to the M-1 Zoning District, such as the addition of gymnastic centers and car washes, this district remains the City's sole conventional zoning district available to industrial uses. This district allows for a range of industrial and heavy commercial uses, ranging from the manufacturing of textile, rubber, and plastic products to the servicing and cleaning of septic tanks and sewer systems. The district accommodates large facilities such as millwork and truss plants as well as various compact and innocuous businesses such as an ambulance dispatch service, therefore, not all uses would be appropriate for properties along major roadway corridors. With an emphasis on land use compatibility, aesthetics and supply, the 2006 M-1 Zoning District study generated recommendations that, in part, addressed the preservation of industrial lands, expansion of opportunities for industrial uses, and impacts upon residential land uses and rights-of-way. These recommendations were considered in its drafting of the zoning matrix, as part of the current LOR rewrite project. The zoning matrix was presented to the Board and Commission in May and June, respectively, as Group 2, Part 1 of the LOR project. The subject amendments are principally a codification of excerpts from the proposed matrix, with some additions based on public input received in connection with the preferred uses for, and leasing constraints of one of the M-1 zoned properties located on S. Congress Avenue. Although these amendments would increase competition for limited industrial lands, contrary to the typical position of staff, they represent the balancing of several factors including findings from planning exercises and leasing issues raised by a landowner. Page 2 CDRV 08-003 ANALYSIS The proposed amendments to the M-1 Zoning District mainly consist of the following three main parts: 1. Provisions that allow selected commercial and retail uses on properties located along collector and arterial roads; 2. Provisions that accommodate selected industrial uses with a retail component on corridor properties; and 3. The exclusion of selected industrial uses from properties along such roadway corridors. The proposed recommendations also include a code amendment to further support the appearance of corridors that are subject to industrial zoning. 1. Provisions for selected commercial and retail uses These amendments include the addition of selected commercial and retail uses to the M-1 District, limited to properties with frontage along a collector and arterial road. This aspect of the proposed amendments addresses both the lack of basic service/retail uses in this area of the City and the higher real estate values of properties at such locations. It also helps to reduce the necessity of, or interest in rezoning the M-1 zoned properties along S. Congress Avenue. The 2006 study was preceded by a study of the specific industrial area located along S. Congress Avenue. This study was conducted by planning staff in 2002, and interestingly, it revealed that over 66% of the businesses approved within the study area and under the retail trade ISCS use category, were for businesses located along Congress Avenue. Furthermore, with the rezoning of two large industrial parcels at the south end of Congress Avenue for residential developments, an additional 472 dwelling units were added to this area. With now over 2,200 dwelling units located south of the LWDD L-28 Canal, and the lack of commercial zoning in this area, there is support for the addition of basic convenience stores to serve nearby residents and local employees. This aspect of the amendment supports "smart growth" and green initiatives as it should result in the reduction in total vehicle miles traveled on the roadway network. As indicated above, the subject amendment will also increase the use options for properties located along the corridor, thereby increasing the ability to lease vacant space and decreasing the necessity for rezoning of the subject industrial properties. The following table lists those commercial and retail uses that are proposed for addition to the M-1 Zoning District, where the district abuts a collector or arterial road. Pro osed Commercial and Retail Uses ' , Furniture & home fumishin Hardware store Marine accessories Martial arts, mnastics, and dance studio Pet care roomin Pet care boardin & da care Pet care veterinarian services Postal/mail center Restaurant, take-out Florist Swimmin oolsu lies & accesso c1eanin Indicates conditional use approval required and minimum separation of 300 feet from residential-zoning property. 2 Food providers or servers shall not be allowed seats/tables to accommodate on-site consumption. 3 Indicates that uses must be located within a multi-tenant building. 4 Max. size per use is 5,000 sq. ft.; convenience stores and take-out restaurants shall be a maximum of 2,500 sq. ft. 5 Indicates that the sale of used merchandise is only allowed if as accessory to the sale of new goods. 2. Provisions for selected industrial uses on corridor DroDerties under certain conditions The specific intent of this group of changes is to recognize that some industrial business may also include a retail component that provides direct service or product to the public. Therefore, the selected industrial businesses indicated below would be allowed on properties located along such a roadway corridor, if the use includes a commercial or retail component. Such uses would contribute to the service and retail amenities of the roadway corridor. Such uses would be required to have a "walk-in" Page 3 CDRV 08-003 service component, including an indoor showroom or retail space consisting of a minimum of 250 square feet (for businesses 25,000 sq. ft. or less). For businesses that are greater than 25,000 square feet, the minimum required showroom/retail space is proposed to be a fraction (1 %) of the total area of the business. For uses that would provide food products and beverages, no seats or tables would be allowed to accommodate on-site consumption. This stipulation would filter out uses which tend to operate like a restaurant, which typically operate more parking-intensive. This restriction would also support possible future parking regulations tailored for this unique industrial area. The table below lists those industrial uses that are proposed to be allowed along a corridor if they contain the above- described commercial and/or retail component: onent1 retail IV. Other4 Recordin and motion icture studios Research & Excluding any outdoor storage of materials, equipment, or merchandise. 2 Indicates conditional use if involving treatment, storage, or processing of human or animal bodies or parts. 3 Food/beverage mfgs and servers shall not be allowed seats/tables to accommodate on-site consumption. 4 Indicates uses that are not required to have showroom/retail space. The above-listed uses are currently allowed in the M-1 District; however, the proposed amendment would restrict them from corridor properties unless they have the required commercial component. 3. Industrial uses to be excluded from corridor properties As indicated above, not all industrial uses that are allowed in the M-1 Zoning District, due to intensity of operation, are appropriate for properties along major roadways. Congress Avenue is classified as a "principal arterial" road, and serves as a primary southern entrance into the City. Generally, heavy commercial and industrial uses are consolidated in areas that are isolated from commercial nodes and public view; however, since the early 1970's, this area of S. Congress Avenue has been zoned for industrial use, and therefore has generally allowed all uses allowed within the M-1 Zoning District. Therefore, all other uses not specifically listed in the two groups above would be excluded from corridor properties. Although not all uses to be excluded are equally intense, several uses would be prohibited as they would not contribute to the retail/service objective of these amendments. Examples Page 4 CDRV 08-003 of such uses include the following commercial services or use groups: major auto repair and boat repair, medical or dental laboratories, technical and trade schools, pest control, lawn/landscape service, storage/warehousing and self-storage (excluding pre-existing facilities), vehicle and equipment storage, and any outdoor storage of supplies and merchandise. A few examples of the relatively more intense industrial uses to be excluded from corridor areas would include prefabricated sheds, asphalt paving and roofing, petroleum and petroleum products, and those others uses currently prohibited in the M-1 Zoning District Regulations. Staff would recommend that those pre-existing self- storage businesses existing along the corridor, be excluded from these regulations, thereby allowing their continued existence, and minimizing the creation of non-conforming uses. Other recommendations Both the M-1 Zoning District Study and "in-house" corridor study identified the importance of design regulations to improve/protect corridor appearance. Specifically, the zoning district study recommended that applicable sign regulations be strengthened to provide for continuity and compatibility, that general appearance standards are adopted to influence architectural style, color and building materials, and that the code is evaluated for appropriate regulation of relevant site non- conformities involving, in part, parking and landscaping. As part of this interim amendment, staff recommends that the sign regulations applicable to industrial zoning districts are changed for greater similarity with commercial sign regulations. Past sign code updates have excluded amendments to those regulations applicable to the M-1 Zoning District, leaving the maximum height allowed at 20 feet. Staff recommends that the maximum height allowed for freestanding signs for industrial uses, as indicated in the LOR Chapter 21, Article IV, Section 5.B, be reduced to 10 feet. Staff acknowledges that this amendment would cause many existing signs along the corridor to become non-conforming; however, site signage greatly impacts roadway aesthetics thereby explaining its emphasis in the Mellgren Study, and justifying the proposed recommendation. Such sign regulations would only be applicable when such properties are redeveloped, or if such non- conforming signs are damaged to a certain extent and to be repaired or replaced. With respect to other appearance regulations, staff will continue its consideration of the other applicable recommendations from the zoning district study as part of the greater LOR rewrite project, including appropriate separation of selected industrial uses from residential areas. SUMMARY/RECOMMENDATIONS It should be stated that properties originally designed for industrial uses, may not have sufficient parking to support significant retail and commercial uses. Such use for more parking-intensive businesses shall be reviewed on a case-by-case basis when modifications or business tax certificates are requested. Secondly, titles of the uses listed herein, or in current zoning regulations, may be modified as part of final adoption to avoid conflicts or inconsistencies in terminology. Lastly, the subject amendments do not emphasize office/professional uses, as desired by one party who provided input on this project. The specific request is for similar provisions as included in the C-1 Zoning District regulations, to accommodate all office/professional uses, particularly within upper floors which are more difficult to lease. Such uses are not proposed to be accommodated to that extent, as such uses would compete for the limited M-1 zoned property existing along the corridor, contribute less to the local service needs and objective than those proposed uses, and further the demand for limited parking resources. Staff acknowledges that this may appear contrary to the benefit stated above regarding increasing leasing options; however, for the reasons stated herein staff recommends that this extensive use group not be included in the subject amendments. Staff recommends that the proposed amendments be approved, to begin implementing recommendations from the M-1 Study, and to specifically adopt regulations that both support industrial zoning in the city and prevent the negative impacts from industrial uses on roadway corridors. MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 08-003 M-1 Corridor uses\Staff Report.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 Mr. Garra noted the changes would be implemented prior to the next City Commission meeting. Attorney Cherof asserted once the City Commission acted on the matter, and unless the City Commission sent it back before the board, the board would be unable to take further action. Chair Jaskiewicz suggested a board member attend the City Commission meeting in order to address this item. Motion Mr. Myott moved to approve the request for height exception to allow screening of roof- top equipment (designed as a decorative tower) with a mean roof height of 52 feet, a distance of 7 feet above the 45 foot maximum height allowed in the C-3 zoning district. Mr. Poznak seconded the motion that passed unanimously. D. M-l Corridor Uses Code Review 1. PROJECT: M-l Industrial Zoning District - Corridor Uses (CDRV 08-003) AGENT: City initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 2. Zoning Section 8-A. M-j Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial or collector roadway. Attorney Cherof administered the oath to all who would be testifying. Chair Jaskiewicz, Ms. Grcevik, Mr. Barnes and Mr. Myott disclosed that they met with Mr. Weiner. Mr. Saberson disclosed that he spoke to Mr. Weiner on the telephone. Mr. Rumpf explained the proposed amendment would: . Allow selected commercial and retail uses on properties zoned M-l and located along major corridors; . Allow selected industrial and other uses with retail or commercial components along such corridors; and . Exclude heavy industrial and commercial uses from these corridors. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 The principal area affected by the proposed amendment would be South Congress Avenue, which was the only arterial roadway flanked by the M-1 zoning district, and stretched between the L-28 and L-30 canal, approximately one mile, excluding the rezoned property to the south end. Redevelopment was not anticipated, with the exception of a vacant parcel on the northern end. Mr. Rumpf identified the uses that had occupied buildings in the area, which included home improvement, self-storage and contracting. Retail stores were accommodated as a result of warehousing and wholesale components. The project had been supported by repeated findings, beginning in 1989 when the Comprehensive Plan identified the corridor and the types of businesses, which included home improvement products and services. It recommended similar businesses be accommodated and allow additional commercial or retail components, and supported aesthetic recommendations. In 2002, staff conducted the South Congress Avenue Corridor Study which preserved industrial land and considered an overlay district with design criteria and the types of uses. In 2006, the Mellgren Study was conducted which focused on preserving existing industrial land, the creation of flex space, and LORs to address aesthetics and compatibility . The 2007 draft of the LOR rewrite included the draft LOR zoning matrix and was reviewed by the board in its entirety. The draft introduced non-industrial uses and industrial-commercial uses for corridors, while prohibiting incompatible uses. Recommendations included: . Adding limited commercial-retail uses to the corridor and providing for restrictions on commercial-retail uses. . Limiting industrial uses while allowing additional commercial uses. . Increasing prohibited uses to protect the corridor appearance, enhancing commercial attributes and improving compatibility of corridor uses. . Establishing sign standards to decrease maximum heights to protect the corridor appearance. Summary points included: 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 . Minimum parking requirements for built properties could restrict commercial use of the buildings, based on first-come-first served options. Staff could break down an individual leasable space to allow for the application of different ratios. . Staff recommended a minimum space for showrooms. . Office use had been excluded in order to maintain a balance of complimentary type uses for immediate convenience and food for employees, residents and students. . The recommendation for collector roads would be removed, leaving only the arterial roadway classification. . Staff would work with the Legal Department to develop language regarding grandfathering non-conforming uses, such as car washes and self-storage businesses. Mr. Rumpf noted staff would work with the Legal Department in the preparation of the ordinance. He pointed out the existing prohibited uses would continue; however, any use not listed in the two groups would be excluded from corridor properties. The uses would require some type of open showroom area and retail space. The text amendment would require the initiative of the board, the City Commission and/or staff. The public could not file without the consent of a majority of property owners affected by the proposed amendment. Chair Jaskiewicz invited public comments. Michael Weiner, 10 SE First Avenue, Delray Beach, appeared on behalf of the owners of 320 South Congress. He was not in accord with the elimination of professional and medical offices. He reviewed an article entitled Industry Output and Employment Projections to 2014, which cited statistics in the professional and business service sectors. A copy of the article is on file in the City Clerk's office. He contended professional office space was in keeping with the market environment in the area and would not be more parking intensive than other uses proposed. He provided a copy of the Jd Edition of the Institute of Transportation Parking Generation, which dealt with parking demands for medical and dental offices, as well as convenience stores and fast- food restaurants. A copy is on file in the City Clerk's office. Mr. Weiner did not believe the amendment assisted with second-floor space. He noted potential tenants were turned down for occupancy at 320 S. Congress Avenue, while the building had an occupancy rate of only 30%. He contended the corridor would not be viable without professional office and medical space included in the overlay, and the City would be causing a disincentive for investment in the area. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 Board discussion ensued. Comments pertained to: . Preservation of land use distribution. . Increasing the use list subject to distance separations for residential uses. . Determining occupancy rates of the building. . Rezoning of industrial land and concerns relating to excess residential areas. . The current market would not support many of the proposed industrial uses, but would utilize professional offices to a greater extent. . Mixed-uses were appropriate but should also be aesthetically pleasing. . With regard to use of the second floor of the existing building at 320 South Congress, it was suggested an exception be made to fill the space with offices, as long as parking requirements were not exceeded. Jeffrey Douglas, 2 Barefoot Lane, Lantana, accompanied Mr. Weiner. He reviewed a list of tenants in the building, as well as those who were not permitted. He noted office space on the second floor and bottom floor would be helpful. Messrs. Weiner and Douglas would like the opportunity to fill or exceed their parking spaces and had in mind strategies if the use were approved. They currently had 59 parking spaces and could obtain another 25 spaces. They were proposing multi-uses for the complex, including professional offices. Discussion ensued regarding: . Rezoning the property or adding the office component as a conditional use within the zoning regulation. . Adding the office component as a second floor use rather than a conditional use. . Staff identified the types of uses in the various districts, and general office uses would not be in one zoning district, but rather in a commercial or office district. . Staff had come up with additional uses, some of which were the very uses denied in the past, which could now occupy the building. . The corridor was unique and many people working in the area could benefit from professional or office services. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 There was discussion with respect to implementation of a specific use condition to assist Mr. Weiner's client in leasing the building. Attorney Cherof reminded the board that the agenda item did not call for a site specific discussion and would not be appropriate in the context of staffs presentation. Mr. Rumpf noted this project had been expedited in order to assist the property owner. Messrs. Weiner and Douglas indicated they would be amenable to the use of the first and second floors. Motion Mr. Saberson moved to approve staffs request for amendments to the Land Development Regulations, Chapter 2. Zoning Section 8-A. M-j Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial or collector roadway, with the exception that professional offices be allowed on second floors in buildings along the corridors. Ms. Grcevik seconded the motion that passed unanimously. E. Administrative Adjustment Revisions Code Review 1. PROJECf: Administrative Adjustment Revisions (CDRV 08-004) AGENT: City initiated DESCRIPTION: Request for amendments to the LDR, Chapter 2. Zoning, Section 5, making all properties developed for single-family homes eligible for administrative setback adjustments regardless of date of platting. Mr. Breese advised in 2005, staff brought forward a Code amendment to allow greater flexibility in staffs ability to process home additions without individuals having to go through the variance process. At that time, staff utilized the date of the last rewrite of the LDR for matters that could be handled administratively and matters that required Commission action. The requested amendment would further previous Commission action and better accommodate the needs of residents to expand their living areas without the need for a variance. All lots within single-family residential zoning districts would be eligible for administrative adjustments for setbacks, not just those lots platted prior to 1975. Staff had received several requests from individuals who had lots platted after 1975. Staff reconsidered the necessity of utilizing this date as opposed to the standard language of "...the effective date of the adoption of this ordinance." With the removal of the 1975 requirement, there were only 415 additional lots that could currently be handled 13 VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH 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 D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) ~ July 15, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the July 15, 2008 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on June 24, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-056. EXPLANATION: PROJECT: Administrative Adjustment Revisions (CDRV 08-004) AGENT: City initiated DESCRIPTION: Request for amendments to the LDR, Chapter 2. Zoning, Section 5, making all properties developed for single-family homes eligible for administrative setback adjustments C') regardless of date of platting. C') o:::t CO :::t-< (... -<0 c: ("')." Z r-m N f'T1 0 "" :::x:1-< A% .. ..... :z (he C5 0% .." PROGRAM IMPACT: N/A .'. ~ W C"'>>)IIo FISCAL IMPACT: N/A UI ""CD ALTERNATIVES: N/A ::c De~mi;~/v u~ City Manager's Signature Assistant to City Manager ~ 4~Z~, Planning and Zo . ctor City Attorney / Finance S:\Planning\SHARED\WP\SPECPROJ\CODE REYIEw\CDRY 08-004 Administrative Adjustment Revisions\Agenda Item Request Admin.Adjustment Revisions CDRY 08-004 7-15-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-056 TO: Chair and Members Planning & Deyelopme&d THROUGH: Michael W. Rum~V Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: June 9, 2008 RE: Administratiye Adjustment Reyisions (CDRV 08-004) NATURE OF REQUEST Pursuant to the format established by the City Commission, staff forwards those portions of the Land Deyelopment Regulations (LDR) currently under reyiew, as an incremental step to updating the zoning regulations. In a few circumstances, staff has forwarded recommended reyisions to the LDR in an effort to implement them immediately. The most recent presentation of this nature inyolyed the elimination of the hotel density language in the Planned Industrial Deyelopment (Pill) district. This particular request addresses building setbacks, and would further assist in the ability of homeowners to renoyate or construct additions to their homes. This amendment is designed to further previous Commission action and should better accommodate the residents' desire to expand their living area, in many cases, without the need of one or more yariances. In particular, all lots within single-family residential zoning districts would be eligible for administrative adjustments of setbacks, not just those lots platted prior to June 13, 1975. BACKGROUND In 2005, staff brought forward a code amendment (CDRV 05-007) to allow greater flexibility in staff's ability to process home additions in single-family residential zoning districts. A copy of the preyious staff report has been attached as a reminder of the preyious Commission action (see Attachment "B"). At the time, staff utilized the date of the last re-write of the LDR to establish a demarcation between what could be handled administratiyely and what would require Commission action. In essence, lots platted prior to June 13, 1975 would be subject to staff review and those platted subsequently would haye to be approyed by the Commission. This date was chosen to coincide with the language contained in the ''Non-Conforming Lots" section of the CORY 08-004 Page 2 LDR. After repeated requests from property owners of lots platted after June 13, 1975, staffhas re-examined the necessity of utilizing this date as opposed to using the standard language of: "the effectiye date of the adoption of this ordinance". The preyious setback amendments were designed to support minor home expansions while reducing the need for, and number of, yariance applications. At the time, both staff and the City Commission heard from a number of residents about the difficulty in meeting the hardship criteria contained within the yariance process. In most cases, no peculiarities existed to a giyen lot or situation, and staff was compelled to recommend denial of the request. In some instances, the applicant indicated, though they did not wish to moye out of their home or the City, their expansion plans could not be accommodated where they were. Since the formal adoption of the administratiye adjustment and associated regulations by the City Commission in 2005, fewer yariance applications haye been filed and a number of home expansions haye occurred without the difficult and lengthy process preyiously encountered. By remoying the language "lots platted prior to June 13, 1975", staff would haye greater flexibility in working with the owners of the remaining 415 single-family lots that were excluded from the original amendment. These additional lots would be subject to the same regulations as those of the 2005 amendment, including the requirement of a justification statement, photographs of the existing conditions and adjacent properties, and notification of abutting property owners. PROPOSED AMENDMENTS Existing regulations: As noted aboye, the request is to remoye the reference to June 13, 1975 relatiye to administratiye adjustments. In particular, the language contained within Chapter 2. Zoning, Section 5.B.2.c, and applicable to all single-family zoning districts (Rl-AAB through R-1) reads as follows: 2. Building and site regulations c. For lots platted prior to June 13, 1975, the following administratiye adjustments to the minimum yard setbacks may be allowed, subject to proyision of justification by applicant. Proposed regulations: Staff proposes that the reference to the date of June 13, 1975 be stricken from regulations contained within paragraph 5.B.2.c., to affect all single-family residential zoning districts (R1- AAB through R-1), and therefore amended to read as follows: 2. Building and site regulations c. For lots platted prior to the effective date of this ordinance, the following administratiye adjustments to the minimum yard setbacks may be allowed, subject to proyision of justification by applicant. CDRV 08-004 Page 3 RECOMMENDATION Staff recommends that the proposed amendment to Land Deyelopment Regulations, Chapter 2. Zoning, Section 5, B. 2.c., C. 2.c., D. 2.c. and E. 2.c., be approyed, in order to create a consistent set of regulations for all single-family residential lots platted to date. IS :\Planning\SHARED\ WP\SPECPROJ\CODE REYIEw\CDRV 08-004 \Administrative Adjustment Revisions\.doc} EXHIBIT B DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-050 TO: Chair and Members of Community Redevelopment Agency Board and Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: March 31, 2005 SUBJECT: CODE REVIEW (CDRV 05-007) Land Development Regulation Revisions (Setbacks, Fences, Accessory Structures) NATURE OF REQUEST Pursuant to desires of the City Commission, staff forwards those portions of the Land Development Regulations currently under review, as an incremental step to updating the zoning regulations. These portions address building setbacks and related issues, and would assist in the ability of homeowners to renovate or construct additions to their homes. These proposed regulations should better accommodate the residents' desire to expand their living area, in many cases, without the need of one or more variances. BACKGROUND There is a high demand for home expansions within the city, as indicated by previous yariance applications, and by recent inquiries made to staff and elected officials regarding expansions plans and the yariance process. Variances, of course, haye the burden of requiring hardship for not conforming to the letter of the law, or in this case, zoning ordinance. In most cases, no peculiarities existed to a given lot or situation, and staff was forced to recommend denial of the request. In some instances, the applicant indicated, though they did not wish to move out of their home or the City, their expansion plans could not be accommodated where they were, under the current land development regulations. With this being the case, staff made the setback issue their number one priority in the revisions to the land development regulations and therefore forwards these amendments first. ANALYSIS Staff reviewed numerous old yariance applications to determine the extent to which the requests encroached into the required setbacks. It was determined that the rear setback variance was most frequently requested. This in many ways makes sense, since it is typically the largest area of the yard in which to expand the house, an addition to the rear of the house usually better integrates with the existing floor plan, and the addition would generally be further removed from street noise. Additionally, staff examined the existing land development regulations and those from the previously adopted code to gain a better understanding of the rules under which many of the homes where constructed. This insight into the built environment helped form the basis for recommended changes to the land deyelopment regulations. Again, Page 2 EXHIBIT B CDRV 05-007 understanding the Commission's desire to promote home improvements and expansions without a complex process and onerous hardship criteria, without degrading neighborhood quality, staff crafted the fol1owing modifications (see also Exhibit "A"): and - Reduction in rear yard setback requirements from 25 feet to 20 feet in all single:familv districts. - Creation of an Administrative Adjustment (like currently existing in the code for non- conforming lots) to allow additional reductions in all yard setbacks. The proposed adjustments are minimal, again like those currently in the code for non-conforming lots, and would look something like thisfor a RIM single-family lot, platted prior to June 13, 1975: Front Setback - 25 feet. With Administrative Adjustment - 20 feet. Rear Setback - 20 feet. With Administrative Adjustment - 15 feet. Side Setback - 10 feet. With Administrative Adjustment - 8 feet. - Establishment of criteria for the review and approval of Administrative Adjustments (see Exhibit "B '), which pertains to compatibility with the established character of the neighborhood, reasonableness of the request and massing of the building or addition. - Creation of a Special Rear Yard Setback Reduction for properties abutting the railroad rights- of-way, 1-95 rights-of-way, canals, lakes, Intracoastal Waterway, parks, golf courses ,and community perimeter walls; and public use, recreation, commercial and industrial zoning districts. This reduction would decrease the rear setback from 20 feet to 10 feet. This special rear yard setback is applicable to one-story additions only. - The remaining provisions help clarifj; certain language already in the code regarding corner lots and through lots, and also denote that these provisions are not applicable to any PUD without formal action of the HOA and a Master Plan Modification. These provisions would also not supercede any setbacks recorded on plats. While reviewing building setbacks, two related issues surfaced that require updating and clarification. The first involves Accessory Buildings (storage structures). Staff regularly receives numerous complaints, from residents desiring to install a shed, regarding both the maximum height regulation (7 feet) and the minimum separation requirement (12 feet) from the principal structure. Very few manufacturers of pre- fabricated sheds make a model that meets the City's height regulation. The few companies that do typically only make one model, thereby limiting consumer choices for storage structures. The second issue involves the separation requirement for accessory structures. This requirement has, in some instances, made it impossible for a homeowner to place a shed on their property. Since a homeowner can now go to a place like Home Depot and buy a shed that physically attaches to the house, our code is fairly outdated. Discussion with the City's Building Code Administrator and the Fire Marshall has confirmed that there are no issues of concern for allowing sheds in close proximity, or attached to a house. As such, staff recommends the following amendments to the code: - Removal of the twelve (I2) foot separation requirement between accessory structures and the principal structure, thereby allowing storage structures to be immediateZv adjacent to or attached to the house; and - Allow an increase in maximum height for storage structures from seven (7) feet to nine (9) feet. and. - Retain existing requirements for maximum square footage of storage structures (IOO square feet) and minimum setback requirements (three (3) feet from rear and side property lines). The other related issue involves Wall, Fence and Hedge Regulations. In an effort to clarify requirements for walls and fences in Residential Zoning Districts, as to their placement and maximum height dependant upon placement, staff recommends the following minor rewording of the code: Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 There was discussion with respect to implementation of a specific use condition to assist Mr. Weiner's client in leasing the building. Attorney Cherof reminded the board that the agenda item did not call for a site specific discussion and would not be appropriate in the context of staffs presentation. Mr. Rumpf noted this project had been expedited in order to assist the property owner. Messrs. Weiner and Douglas indicated they would be amenable to the use of the first and second floors. Motion Mr. Saberson moved to approve staffs request for amendments to the Land Development Regulations, Chapter 2. Zoning Section 8-A. M-l Industrial District, to add provisions and regulations for selected industrial and non-industrial uses of properties that front an arterial or collector roadway, with the exception that professional offices be allowed on second floors in buildings along the corridors. Ms. Grcevik seconded the motion that passed unanimously. E. Administrative Adjustment Revisions Code Review 1. PRQJECf: Administrative Adjustment Revisions (CDRV 08-004) AGENT: City initiated DESCRIPTION: Request for amendments to the LOR, Chapter 2. Zoning, Section 5, making all properties developed for single-family homes eligible for administrative setback adjustments regardless of date of platting. Mr. Breese advised in 2005, staff brought forward a Code amendment to allow greater flexibility in staffs ability to process home additions without individuals having to go through the variance process. At that time, staff utilized the date of the last rewrite of the LOR for matters that could be handled administratively and matters that required Commission action. The requested amendment would further previous Commission action and better accommodate the needs of residents to expand their living areas without the need for a variance. All lots within single-family residential zoning districts would be eligible for administrative adjustments for setbacks, not just those lots platted prior to 1975. Staff had received several requests from individuals who had lots platted after 1975. Staff reconsidered the necessity of utilizing this date as opposed to the standard language of "...the effective date of the adoption of this ordinance." With the removal of the 1975 requirement, there were only 415 additional lots that could currently be handled 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 through an administrative adjustment at staff level. Therefore, staff was requesting the 1975 provision be removed, with the effective date being the date of the adoption of the ordinance. Discussion ensued as to notice requirements. Mr. Breese noted the Code required a notice be sent to abutting property owners. However, staff allowed individuals to request the adjustments as long as they provided a signed consent from the abutting property owners, or proof of notice. If a neighbor objected, a decision would be made administratively, and the applicant would be required to meet the criteria of the administrative adjustment. Motion Mr. Poznak moved to approve the request. Mr. Myott seconded the motion that passed unanimously. The meeting adjourned at 9: 13 p.m. 8. Other None 9. Comments by members None 10. Adjournment Motion Mr. Poznak moved to adjourn. Ms. Grcevik seconded the motion that passed unanimously, Stephanie D. Kahn Recording Secretary 070108 14 ,I VIII.-PUBLIC HEARING ITEM F. CITY OF BOYNTON BEACH 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 o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) o July 1,2008 June 16, 2008 (Noon) o May 20,2008 May 5, 2008 (Noon) r8J July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 o August 5, 2008 n May 19, 2008 (Noon) July 14,2008 (Noon) 0 n- O) -..... 2: -t-< ( -<0 ::z: (")"'1"1 0 Announcements/Presentations 0 City Manager's Report N r-CU ""0 (J1 ::0-< NATURE OF 0 Administrative 0 New Business ~Z AGENDA ITEM :Ja CA-f 0 Consent Agenda r8J Legal :x 00 0 Code Compliance & Legal Settlements 0 Unfinished Business 9 -rtZ .."CD (",,) -r"'1 r8J Public Hearing 0 en C'">> "'0 :z: RECOMMENDATION: Please place this request on the July 15, 2008 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on June 24, 2008, recommended that the request be approved, finding it in compliance with State requirements described in Section 163.3177(3) (b), Florida Statutes. For further details pertaining to this request, see attached Department Memorandum No. 08-054. EXPLANATION: This item is the 2008 update of the 5-year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. The Capital Improvements Schedule includes both general and utility projects; it also includes additional, state-required information pertaining to the financial feasibility of the planned improvements. No amendments to the objectives and policies of the elements are considered in the 2008 update. The 2008 update is proposed for transmittal in this current (second round of 2008) cycle of Comprehensive Plan amendments. An adoption hearing for the proposed amendment will take place after the review by DCA at the end of November, at which time final changes will be made to the Capital Improvements Schedule as appropriate. PROJECT: 2008 Update to the Capital Improvements Element AGENT: City initiated DESCRIPTION: Request to transmit the 2008 update of the Capital Improvement Element of the Comprehensive Plan. (Large Scale Amendments, second round of 2008). PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature ~.tv/~ tL ~'"t to CHy M,n'ge, Cfn,{.... Planning and ~irector ~ Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 ORDINANCE NO. 08- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING THE CITY'S COMPREHENSIVE PLAN TO 6 IMPLEMENT UPDATES TO THE CAPIT AL IMPROVEMENT 7 ELEMENT; INCLUDING PRELIMINARY CHANGES TO THE 8 CAPIT AL IMPROVEMENTS SCHEDULE; DEMONSTRA TING 9 FINANCIAL FEASIBILITY AS REQUIRED BY STATE STATUTE; ]0 PROVIDING DIRECTION FOR TRANSMITTAL OF THE PROPOSED 11 COMPREHENSIVE PLAN AMENDMENTS TO THE DEPARTMENT ]2 OF COMMUNITY AFF AIRS; PROVIDING FOR CONFLICTS. 13 SEVERABILITY AND AN EFFECTIVE DATE. 14 ]5 WHEREAS, Section 163.3177(3)(b)(l), Florida Statutes, requires that the Capital 16 Improvement E]ement of the City's Comprehensive Plan be updated; and 17 WHEREAS, Section 163.3184(15), F.S., requires that the Comprehensive Plan be ]8 adopted by the governing body of the local government by Ordinance; and 19 WHEREAS, on June 24, 2008, the City's Planning and Development Board voted to 20 recommend approval of the Comprehensive Plan Capital Improvement E]ement 2008 update 2] which updates the five (5) year Capital Improvement Schedule of the Capital Improvements 22 Element of the City's Comprehensive Plan; and I" .:..j 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF y THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~) 26 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correcl 27 and incorporated herein by this reference. 28 Section 2. In order to comply with the provisions of Chapter ] 63, Florida Statutes. 29 the City Commission hereby amends the Capital Improvement E]ement of the City's Page lof3 SICAIOrdinanceslCIE 2008 Updates doc 1 Comprehensive Plan to incorporate changes to the Capital Improvements Schedule as more 2 particularly set forth in the "City of Boynton Beach Comprehensive Plan Capital Improvements 3 2008 Update, July 15, 2008" a copy of which is attached hereto as Exhibit "A" and 4 incorporated herein. 5 Section 3. The City Commission hereby certifies that it shall and will conduct such 6 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 7 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 8 conduct and publish same, as provided by general law. 9 Section 4. The City Commission hereby authorizes the appropriate City officials to 10 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 11 as amended herein, to the State of Florida Department of Community Affairs and to any other ]2 governmental agency having jurisdiction with regard to the approval of same in accordance ]3 with and pursuant to Chapter ] 63, Florida Statutes, and to keep available copies of the Plan 14 Amendments available for public review and examination at Boynton Beach City Hall. 15 Section 5. If any clause, section or other part of this Ordinance shall be held by any 16 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or ]7 invalid part shall be considered as eliminated and in no way affecting the validity of the other 18 provisions of this Ordinance. ]9 Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of 20 Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such 2] conflict. 22 Section 7. This Ordinance shall become effective upon its passage and adoption. Page 2 of3 S:\CA\Ordinances\CIE 2008 Updates.doc 1 FIRST READING this day of ,2008. - 2 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. " j 4 CITY OF BOYNTON BEACH. FLORIDA 5 6 ~---~---- 7 Mayor - Jerry Taylor 8 9 ---~~-~-- 10 Vice Mayor - Jose Rodriguez ] ] ]2 -. 13 Commissioner - Ronald Weiland ]4 15 ]6 Commissioner - Woodrow L. Hay ] 7 18 19 Commissioner - Marlene Ross 20 ATTEST: 2] 22 ---_.~--_. 23 Janet M. Prainito, CMC 24 City Clerk 25 26 27 (Corporate Seal) 28 Page 3 on S\CAIOrdinanceslClE 2008 Updates.doc I itf of 'o~Beacll'''~ , '. '", j.,~,,!C, "~ \lIll ."""'"'''''''' , f' I Co\Qp~lensive Plan pital ~~vements EI ~~/':;~";" ~", j,' ~ 2OO8;'iupdate " each 100 East Boyn on Boulevard Boynton Beach, Florida 33425 OVERVIEW --_.~- THE 2008 UPDATE OF CAPITAL IMPROVEMENT ELEMENT:SUMMARY The 2008 update of the Boynton Beach Capital Improvement Element is limited to the Capital Improvements Schedule; no objectives or policies are proposed for amendments. The 2008 update of the Boynton Beach 5-Year Capital Improvements Schedule (CIS) is significantly different from the 2007 CIS adopted in January 2nd, 2008. The reason for a large number of changes proposed within a relatively short period of time is a particularly unstable fiscal environment brought about by both regulatory changes and a severe economic downturn affecting revenues and project pricing. The downturn, driven by a depressed real estate market, has produced a decrease in labor cost in the construction sector; at the same time, the sector is experiencing cost increases in many materials, especially those petroleum- or energy-intensive in their manufacture. Population Projections No changes have been made to the population forecast for the period under consideration - up to the year 2013. The average annual compounded growth rate for the City is projected to be 1.5% per year till 2015. PROPOSED CHANGES TO CIS: NON-ENTERPRISE FACILITIES Parks As per the analysis provided to the Department of Community Affairs in the 2007 CIS update, the City's provision of developed parks is well above its adopted level of service, and will continue to remain above the adopted LOS throughout the next 5 year planning period. The level of 2.5 acres of developed parkland will be maintained easily till 2020. The current population projections indicate that, by 2025, the adopted standard and the actual provision of parks may converge. The proposed facility upgrades and replacements, even though not critical for maintaining the adopted level of service (the analysis continue to show that a withdrawal of the acres to be improved from the inventory would not cause the ratio to fall below the 2.5 level within the 5-year period), it will significantly enhance the quality of life for the City's residents. However, the development of new parks has been affected by revenue shortfalls: funding for Nautica Sound is not anticipated till fiscal year 2012/2013, and Winchester park's development was moved beyond the current planning period. The development of the Boundless Park on Congress A venue will rely on fundraising and grants; even though some $200,000 will have been spent on its design in current (the 2007/2008) fiscal year, other funds are not likely to be raised till 2012/2013 fiscal year. To reiterate, the development of new parks does not constitute a need in terms of the Level of Service. 1 Other changes in the park and recreation's CIS: - The Oceanfront's Park building replacement at $2,500,000: the four eXlshn?~ buildings (all in poor condition, and requiring high cost maintenance) will be replaced by one new two-story building. The efficiency of this improvementwiIJ be enhanced by revenues from leasing of the second floor's meeting space. - Funding for Galaxy Park's improvements was moved to Pence Park, where the ballfield will be converted into a multipurpose field. Please note a deficiency in multipurpose fields as shown in TABLE E of the 2007 CIE support document (the LOS for recreational facilities is only advisory). - The improvements to the Senior Center building, not included in the 2007 update, have been funded by a not previously planned grant provided by DCA. Finally, funding for several projected expenses (such as "Future Small Scale Parks") had to be increased due to price inflation. Municipal Buildings/General Government The 2007 CIS lists a new public works facility to be funded, as the Revenue Summary Table indicates, by the Community Redevelopment Agency. Revenue shortfalls, projected to persist throughout the 5-year planning period, called for the cancellation of the project in the 2008 update. Added to the CIS budget is $400,000 for the Municipal Building Energy and Environmental Initiatives. This project is intended primarily to replace aging mechanical and electrical infrastructure with components that are considerably more energy efficient. While a policy in the Comprehensive Plan has yet to explicitly address the topic of "green" buildings, this project supports an emerging interest in " green ,. initiatives. Roads The significant changes in labor and material costs that have occurred in recent months affected projected expenditures. In the City-financed CIS, recognition of additional needs as well as price inflation prompted increased funding for several items over the planning period. Construction of the Palm Beach County's project on Congress A venue and Hypoluxo was rescheduled; in this case, lower funding reflects a significant cost reduction. In terms of projects financed by private developers' contributions, there have been changes in schedule for 5-laning and 3-laning of Old Boynton Road. These are projects required as mitigation to the CRALLS program and changes in construction timetable are consistent with the permitting schedule (as required by the Transportation Element of the Palm Beach County Comprehensive Plan). CHANGES IN REVENUE PROTECTIONS There are a number of changes in budgeted and planned revenues. These include: - Changed borrowing schedule; 2 - No transfer from Public Service Gas Tax Debt Fund in the proposed budget for 2008/2009, as the previously planned amount will be redirected to the General Fund to help lower revenue shortfall for operations; - Elimination of the eRA contributions in fiscal years of 2008/2009 and 2009/2010 due to a project cancellation (see above); and - Addition of three grants in 2008/2009 (all identified as II committed funding ") Note that the 2007 update the $400,000 sources . In Greenway /Bikeway grant was listed in error for 2008/2009; this amount is included in the 2007/2008 grant revenue for the project. Overview The projected expenditures for utility projects have been affected by a number of the aforementioned pricing trends. Overall, there is a drop of approximately 20% in construction pricing for pipelines when compared to the last year's numbers. Some of this decrease is reflected in the pricing for the following projects: . Regional wastewater plant deep injection well . Seacrest Corridor - stormwater, wastewater and potable water improvements . Water supply improvements and expansion Other needs have been identified or expanded upon since the 2007 CIP update; the changes are reflected both in an increase of projected expenditures for existing projects and in new items: . Sanitary Sewer pipeline and manhole rehabilitation . Stormwater pipeline rehabilitation . East Water Treatment Plant chlorine system (OSG) replacement (new) . Regional Wastewater Plant Reuse expansion Revenue Sources To accommodate these added expenditures and amended project schedules, the City has restructured its revenue bond- and state revolving loan schedule as shown by the table below. 3 Type of 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 BondfDescription Revenue bond; City Commission approved increased rate schedule and capital facilities $27,600,539 'J;200()() ,(JOl) q;S(IIHi.OOC ()(J( i (l(l{ charges to ensure revenue for debt service (Ord. 07-023) ~._.._.- -~------~ State revolving loan (see above for debt service ');1 (),OOO,OOO S;'j OJlOO,O(lO , '-;1 (i.OOli,UOO j I(lO. (I()( i revenue). Chan~es in Funding of Selected Projects Changes as compared to the 2007 CIS are coded in blue. Project Name: Wellfield Interconnection; Project # 109 Project Location: From West Wellfield to East Wellfield (see Map A) Project Description: This project involves constructing approximately 7 miles of large diameter water main from the western boundary to the eastern boundary of our service area. Project Justification: It will allow the City to utilize water from the western well field at both treatment plants, and reduce long-term demands at the eastern wellfield. The eastern field is limited due to its proximity to the Atlantic Ocean. (UE Obj. 3C.1, Policy 3C.1.lO, 30.1.1) Funding Source: Mixed: Capital Facilities and Reserve funds Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Design 901 ,000 Construction 2,000,000 1',7()1,OOO / .701,000 7 ]Cll .oeJO .1,71 (I()(l -- Other TOTAL 2,901 J)()O 7' ,/01,000 / .701,000 1,/01.DOO 4,7(11.l~)(I- 4 Project Name: Construction of up to 5 new Floridan aquifer supply wells; Project # 110 Project Location: Western portion of service area (see Map B) Project Description: The City is planning to construct up to 5 new Floridan aquifer supply wells in the western portion of its service area, so as to extract a potential 10-12 MGD of brackish water from the Floridan aquifer, for treatment at the West Water Treatment Plant. This project will include constructing the necessary pipelines to connect the new wells to the Treatment Plant site, and also construct a required monitoring well. Project Justification: The Floridan aquifer is a confined aquifer, and although brackish in nature, it is not impacted by droughts increasing demands on the surficial aquifer system. The added capacity afforded by these wells will be necessary to meet buildout demands. This new source of supply will require modifications to the West Treatment Plant, in order to successfully treat the higher salinity water found in the Floridan aquifer. (UE Obj. 3Cl) Funding Source: Mixed: Capital Facilities and Reserve funds Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Design 500,000 Construction 5,433,000 5,933,000 5,933,000 3,683,000 Other TOTAL 5,933,000 5,933,000 5,933,000 3,683,000 Project Name: West Water Treatment Plant re-design and modification to treat brackish water; Project # 111 Project Location: West Water Treatment Plant - 5469 W. Boynton Beach Blvd. Project Description: This project is coupled with water supply projects to interconnect the two existing wellfields, and install new Floridan Aquifer wells. The plant will be re-designed and modified to remove the additional dissolved solids found in the brackish water of the Floridan Aquifer. Project Justification: See above (UE Obj. 3Cl, Policy 3.Cl.3) Funding Source: Mixed: Capital Facilities and Reserve funds Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011 / 2012 2012/2013 Design 500,000 610,000 500,000 Construction 1,150,000 3,825,000 2,935,000 Other TOTAL 1,650,000 3,435,000 3,435,000 5 Project Name: Expansion of Reuse Water System; Projects # 1, 2 and 3 Project Location: Se 23rd Ave., Seacrest Blvd. , SE 4th Street Project Description: The City of Boynton Beach, as a co-owner of the facility, is in the process of increasing the capacity of filters and disinfection units at the regional wastewater treatment plant. Eventually, the plant entire wastewater stream can be treated as irrigation-quality water. This project will include the expansion of the distribution system for reclaimed water. Project Justification: The City intends to use expansion of the reclaimed water system as a means of securing additional water allocations from the surficial aquifer. (UE Obj. 3. C.3) Funding Source: Capital Facilities Fund (expansion-related) Estimated Cost 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 .------ Desi 516,109 ----~~-~-_.- Construction 2,973,069 =L___~_l-- - Other TOTAL 3,489,178 , I -----_.."--------- Reuse - distribution ---+~- Desi 311,819 Construction 3,568,017 2.0()() ,flOC! 2.000,000 :,000,000 :2.()()(),(lOO GRAND TOTAL FOR REUSE 7,369,014 2,OOO.Ono 2,000,000 2,O()CUlOO 2.()(J!' SYSTEM The above changes are already reflected in the City's 10-Year Water Supply Facilities Work Plan, currently under the Deparbnent of Community Affairs' review. 6 CAPITAL IMPROVEMENTS SCHEDULE FOR FACILITIES FINANCED BY NON-ENTERPRISE FUNDS I SUMMARY TABLES I I I"- 0 0 0 t- .,-- 0 10 10 <.0 C'? N 0 l"- I"- V_ -- C") 0 0 0 0 N N 10 0 C") ('t') N N ""'- 10 l"- N N -- C") I"- ~ ...- 0 N N ---- fI7 fI7 fI7 fI7 ER- CO ...- 0 0) t- m I"- 10 I"- ..- N .,-- l"- I"- m N -- l"- I"- .,-- ('t') M 0 0 0 CD 10 LO ~ l"- I"- m N V c: -- L() - -- .,-- ~ ~ M 0 0 :;:l N l.l Ql '0' fI7 fI7 fI7 fI7 ER- .. c.. 0 .. 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Includes capital facilities charges, and bond proceeds (those used for expansion projects only) Account Description Budget Year 2QO;r/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 8....lnnlno Fund Balance $34019962 $25 724 020 $22515601 $10,326869 $3 853 039 1$839,007 Revenues - --.-.-- "'f..,' Interest Earnlnos " $914058 $871,681 $947 268 $658,170 $526.954 $88.396 Caoltal Facilities Ch.ra.. . , .t25Oll,000 $2,SOO,000 $2.500,000 $2,SOO.000 $2,500,000 $2 500 000 Grant Opportunltlea . Alternative Water .."..., ,','.;'~ ;:!"::;.,~ SUoolv. SFWMD $1,505.900 Revenue Bond. 1/ ....." $0 $0 $8,000.000 $8 000,000 State Revolvlno Loan 1/ $6.000.000 $6,000,000 $3,000.000 Total Revenues $4 877,581 $9.447.268 $9,158,170 $11 026 954 $13.588.396 <.,.,' --.- Exoenditures Caoltal Fac. Growth prolecta ,"",',.':I$'\l!'1UOooo $8 086.000 $21 634 000 1$15634000 $15719000 $10384 000 Water " 1'\$2'91'0'000 $3 081 000 $16094000 $13,634,000 $13634 000 $8.384.000 W..tewater . .' "'.,,$1'>IlOO;000 $3.005 000 $3.540 000 $85,000 R_e' 'r;~:~~ $2,000,000 $2.000.000 $2.000,000 $2.000,000 $2,000,000 Mixed fundlna pro acts --- Water W._ater Reu.e - Total ExPenditures I., $12910,000 $8,086.000 1$21,634,000 ($15,634.000 $15,719,000 $10.384,000 Reven..... Over IUnderl expen... "'($82ll&'942 ($3 208,419\ 1$12,186,732 ($6,475.830) ($4.692.046 $3 204 396 "",','.,,',',.. ,'" ,'" ','.. ','" ,. Ending Fund Balance $26,724;020 $22,515,601 $10,328,869 $3,853,039 ($839,007) $2,365,389 Notes: . All revenues are committed revenues. The City Commission approved Water, Sewer and Stormwater Rate StUdy and resulllng increases In rates and capital facilities cnarges (see Ordinance 07-023. attached), thus ensuring revenues to pay debt service on the bond to be issued. Projections for caprtal facilities charge revenues are based on approved charge increases and on conservative projections given historical and current trends. The City has been awarded the SFWMD $1,500,000 grant ., Interest earnings are estimated at a conservative rate and an assumption of a declining balance 1/ Debt beyond the 201012011fiscal year will require additional rate stUdy and adjustment FUND 403: used for Repair and Replacement (R&R) projects. Includes bond proceeds (those used for R&R onl AccountDescri tion Budget Year 200.'142008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 B Innln Fund Balance $10'392080 $13,987.044 $9.564,450 $4.897.706 $2,131.649 $7.364,153 Revenues Interest Earnln $488.076 $622,256 $572. 943 $534.504 $578,885 Tranaferfrom ratln $1.000,000 $1 000,000 $1.000,000 $1.000.000 $1,000,000 Grant Opportunltl.... . Alternative Wate Su . SFWMD. Lake Worth La Revenue Bonds $20,000 000 $0 Stete Revolvln Loan $10.000.000 $4.000000 $10000,000 Total Revenue. $21.488 076 $11,622 256 $5.572,943 $11,534,504 $1.578,885 Ex enditures Water . $12630,670 $6,187000 $4 052.000 $4 222 000 $4,387.000 W.._r $6 747.000 $4,480000 $3 215,000 $1,525,000 $1,625,000 Stonnwster $4,845,000 $5.559,000 $1,009,000 ($492,000 $210.000 R lanai $563,000 $63,000 $63,000 $63,000 ($63,000 Mixed fundln ro ects $375 000 $375 000 $375,000 $6,302 000 $6,285,000 .ea $5 232,504 $4,706,115 Notes: . All revenues are committed revenues. The City Commission approved Water, Sewer and Stormwater Rate Study and resulting increases in rates and capital facilities charges (see Ordinance 07 '{)23. attached), thus ensuring revenues to pay debt service on the bond to be issued The approved Rate Study elso a=unted for revenue reqUirements for debt service on the state loan. . 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Planning and Zoning Director DATE: June 5, 2008 RE: 2008 Update of the Capital Improvements Element of the Comprehensive Plan (Large Scale Amendments, Second Round of 2008) The Capital Improvements Element (CIE) includes goals and policies designed to address the need for public facilities and to guide the funding of improvements in such a way that the levels of service defined in all other comprehensive plan elements are met. It also includes a five-year Capital Improvements Schedule (CIS). It is a state requirement (163.3177(3)(b)1., F.s.) that the CIE be reviewed and updated on an annual basis. The 2007 update of the City's Capital Improvements Element \vas approved on January 2, 2008. The 2007 update was the first since the 2000 EAR-based amendments; it brought the City into full compliance with state law. The amendment included extensive re-write of the element's objectives and policies as well as full data analysis underlying the 5-year projections for the revenues and expenditures for the capital improvements budget. The proposed 2008 CIE update includes preliminary changes to the Capital Improvements Schedule (no amendments to objectives and/ or policies are proposed). Please note that the CIE updates do not, as a rule, count toward the twice-per-year limitation on the adoption of amendments to the comprehensive plan. However, since the 2007 update was adopted in 2008, the Department of Community Affairs requested that the City's 2008 update be transmitted in the second round of 2008 Comprehensive Plan amendments. DCA staff acknowledges preliminary status of the proposed Capital Improvements Schedule. An adoption hearing for the proposed amendment will take place after the review by DCA, probably by the end of November, at which time final changes will be made to the Capital Improvements Schedule as appropriate. Please note that adoption must take place before the end of the calendar year for the amendment to qualify as the second round for 2008. The actual deadline for adoption of the 2008 CIE update is December 1 st. The following are the main considerations regarding the contents of the Capital Improvements Schedule as required by the Florida Statutes and the Florida Administrative Code: . The Capital Improvements Plan (CIP) alone, as developed in conjunction with the annual budget adoption process and approved by the City Commission, is not tailored to meet state requirements for the Capital Improvements Element's Capital Improvements Schedule and related analysis. The Capital Improvements Plan lists all projects to be undertaken by the City. In contrast, not all CIP projects need to be included in the CIS, but additional information pertaining to both the projects and the revenues to fund them has to be incorporated into the Schedule. Information must reflect timing and funding of projects to meet or maintain adopted levels of service standards for public facilities or implements the goals, objectives and policies of the Comprehensive Plan. . Most importantly, the information must demonstrate financial feasibility of the CIS as per Section 163.3164(32), F.5.. This information is usually lacking in a CIP budget. Financial feasibility means that "sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will be available from committed or planned funding sources for years 4 and 5, of a 5-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level-of-service standards are achieved and maintained within the period covered by the 5-year schedule of capital improvements" . It is clear that the ongoing volatile fiscal environment implies a deep uncertainty regarding the capital improvements plan both for the next 5 years and beyond. In the meanwhile, staff has done the best to meet the above requirements. S:\Planning\SHARED\ WP\SPECPROJ\ CPT A \2008 C1E Update\ CC docs\P&D COVER MEMO 2008 CIE UPDATE. doc Meeting Minutes Planning and Development Board Boynton Beach, Florida June 24, 2008 These two items have been withdrawn per the applicant's request. F. Annual Capital Improvements Update (taken out of order) 1. PROJECT: Annual Capital Improvements Update AGENT: City Initiated DESCRIPTION: Request to transmit the 2008 update of the Capital Improvement Element of the Comprehensive Plan (Large Scale Amendments, second round of 2008). Hanna Matras, Senior Planner, noted this item was presented to the board for recommendation to the City Commission, even though the board had not participated in the process. In the past, the capital improvements schedule was not a part of the capital improvements element, but was included as a support document. Pursuant to new requirements set forth in F.S., Chapter 163, it was now required to be included in the Comprehensive Plan and updated annually. The City's Code required the board to participate in the Comprehensive Plan Text Amendments review and recommendation process to the City Commission. Since the 2007 update was adopted in 2008, the DCA requested the City's 2008 update be transmitted in the second round of the 2008 Comprehensive Plan Amendments. The City's capital improvement schedule was in preliminary form and would probably be submitted to the City Commission in October. Any changes directed by the City Commission would be made at that time. Chair Jaskiewicz expressed concern with regard to the Boundless Park project, which did not appear to be included in the capital improvement schedule. Ms. Matras replied the Boundless Park project would be financed from grants and fundraising. Per Chapter 163, the DCA required that for the first three years of the capital improvement schedule, revenues were assured for any anticipated expenditures. Ms. Matras would clarify Chair Jaskiewicz's concern with the appropriate department. James Cherof, City Attorney, administered the oath to all who would be testifying. A. Gulfstream Gardens Master Plan Modification (Postponed to next meeting) 1. PROJECT: Gulfstream Gardens (MPMD 08-002) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Jeffrey B. Meehan, Gulfstream Gardens, LLC LOCATION: West side of Federal Highway, approximately 1f4 mile north of Gulfstream Boulevard. DESCRIPTION: Request for Master Plan modification to update the proposed unit type from townhouse units 3 IX-CITY MANAGER'S REPORT ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) o July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) [gI July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 Ju]y ]4,2008 (Noon) 0 Announcements/Presentations [gI City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Adopt a Resolution for a proposed millage rate of 6.4553 for the General Fund Operating Budget for Fiscal Year 2008-2009 beginning October 1, 2008 and stating a roll-back millage rate of 7.3152. EXPLANATION: At the May 20, 2008 Commission Meeting, direction was given to staff to develop a recommended FY 2008-2009 budget assuming a General Fund tax millage rate of 6.4553; consistent with the current year. At the July 1, 2008 meeting, the Commission voted to propose a Fire Assessment. Accordingly, $3,363,721 of Fire Department revenues and expenditures included in the General Fund at the May meeting are now included in the Fire Assessment Fund. If the Fire Assessment were included in the ad valorem tax levy, it requires a millage rate increase of 0.7306 bringing the total rate from 6.4553 to 7.1859, but below the "roll-back" millage rate of 7.3152. With the approval of Amendment 1 in January and the economic slump affecting the housing market in Florida, the total citywide taxable value declined 8.5% from the FY 2007-2008 level of $6.1 to $5.6 billion for the FY 2008-2009 budget. This is based on the County Appraiser's latest (June 27,2008) estimated taxable values as of January 1, 2008. At the same time, the CRA District's taxable value declined 15.2% resulting in excess of a $900 thousand reduction in their Tax Increment Financing (TIF) from the City for FY 2008-2009. After application of estimated discounts for early payment of taxes and the transfer of the TIF payment to the CRA, net ad valorem property taxes to the City approximate $29.7 million for FY 2008-2009. This represents a 6.9% decline from the current budget year. Exhibit A compares details of the FY 2007-2008 ad valorem taxes based on the final taxable values to the FY 2008-2009 ad valorem taxes based on the Appraiser's estimated taxable values. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Staff prepared a preliminary budget based on expected operational needs and identified targeted program adjustments (reductions in service) that resulted in "Amended Departmental Requests" of $73,479,749. Based on the June 27, 2008 taxable value reductions, the proposed budget requests needed further reductions. A Special Budget Team made up of the Assistant City Manager, Finance Director, Fire Chief, Police Chief, Public Works and Engineering Director, and the Utilities Director assisted the City Manager in assessing departmental requests and program service levels in order to balance the budget within existing revenue constraints. From a list of potential service level reductions, The City Manager, meeting with the Special Budget Team, selected additional reductions of $1,729,817 to arrive at a recommended General Fund expenditure budget of $71,749,932. The recommended budget deletes 14 full-time vacant positions. Exhibit B summarizes the above discussion by department. This recommended General Fund expenditure budget results in an overall 7.9% increase when compared to the FY 2007-2008 Commission adopted expenditures of $66,486,555. Exhibit C identifies the major factors contributing to the 7.9% increase in the recommended budget. PROGRAM IMPACT: Exhibit D identifies detailed impacts of the recommended program reductions in each department. AL TERNATIVES: 1. Adopt a Resolution for a millage rate of 6.4553 for the General Fund (the current tax rate). 2. Adopt a Resolution for a millage rate of 7.1859 for the General Fund based on the request of a member of the City Commission. This represents a millage rate that would include the funds identified as Fire Assessment Revenues ($3,363,721) in the Fire Assessment resulting in a millage rate increase of 0.7306 from the current rate. Note: This rate would also increase an added $593,487 in TIF revenues for the CRA. 3. Adopt a Resolution for a millage rate of 7.3152 for the General Fund based on a calculation of the "roll-back" millage rate using State guidelines. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Exhibits: Exhibit A - Comparison of Taxable Values & Resulting Ad Valorem Property Taxes (FY 2008 & 2009) Exhibit B - Comparison of City Manager's Recommended Budget for FY 2008-2009 to FY 2007-2008 Exhibit C - Major Factors Contributing to the Increase of the Recommended Budget Exhibit D - Detailed impacts of the Recommended Program R~=partment Department Head's Signature City Manager's Signature ity Manager ~ Department Name rney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Exhibit A City of Boynton Beach Comparison of Taxable Values & Resulting Ad Valorem Property Taxes Fiscal Years 2008 & 2009 FY 2007-2008 FY 2008-2009 Based on Final Appraiser's Estimated % Taxable Values Taxable Values Change Total City: Total Tax Base $ 5,806,388,806 $ 5,405,811,841 -6.9% Add New Construction $ 329,332,390 $ 206,873,110 -37.2% Total Taxable Value $ 6,135,721,196 $ 5,612,684,951 -8.5% Millage Rate 6.4553 6.4553 Total Gross Taxes $ 39,607,921 $ 36,231,565 -8.5% Less Discounts $ (1,450,066) $ ( 1 ,218, 1 04) -1 6.0 % Total Ad Valorem Taxes $ 38,157,855 $ 35,013,460 -8.2% eRA District: Commercial (1983) $ 290,129,900 $ 270,388,344 -6.8% Commercial (1989) $ 47,244,202 $ 45,473,840 -3.7% Residential (1989) $ 962,482,058 $ 831,125,969 -13.6% Gross Taxable Value $ 1,299,856,160 $ 1,146,988,153 -11.8% Less Base Year $ (291,906,169) $ (291,906,169) TIF Taxable Value $ 1,007,949,991 $ 855,081,984 -15.2% Millage Rate 6.4553 6.4553 Gross Tax Increment $ 6,506,620 $ 5,519,811 -15.2% 95% 95% Tax Increment @ 95% to CRA $ 6,181,289 $ 5,243,820 -15.2% Net Taxes to the City $ 31,976,566 $ 29,769,640 -6.9% o -l:I:,,:::;r-OO::O"tl,,"tICD o C -. -, -. 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UI !! 3 2: CD cD (ii' - !!!- ~ m. 0 o ::J UI j 1 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) THE FOLLOWING LIST IDENTIFIES DETAILED IMPACTS OF PROGRAM REDUCTIONS Exhibit D Total Citvwide Recommended Reductions - $2.085.631 Total General Fund Citv Manager Recommended Reductions - $1.729.817 POLICE: Total Department Reductions - $653.396 Eliminate Communications Traininl!: Coordinator (Vacant Position) $49,993 There will be no impact on operations by eliminating this position. The position has been vacant for over one year and the PD's Training Unit can handle any training issues. Defer C.O.P. Prol!:ram Leased Vehicles $62,000 The City recently chose to purchase C.O.P. vehicles rather than entering into a more costly short- term lease agreement. This will result in a net annual savings of $62,000 in the Police Department Operating Budget. There will be a minor offset of additional costs to pre-fund replacement of these vehicles in seven years. This additional cost will first appear in the FY 2009-10 operating budget. Delete Neil!:hborhood Services $61,403 This would not affect the Neighborhood Services operation of the Police Department. The Neighborhood Services Specialist is already reassigned within the Police Department and the majority of the Neighborhood Services Budget was for grant programs and other neighborhood functions that have no impact on departmental operations. The department's Crime Prevention Unit maintains liaison and provides non-financial assistance to the neighborhood associations. Defer 16 Added Vehicles and Prefundinl!: $480,000 These vehicles would be utilized to continue the personal patrol vehicle (take-home) program that began in 2005. The PBA Collective Bargaining Agreement mandates that the City continue this program to the extent that we are "reasonably" able to do so. Since there will be 43 additional officers who are due issuance of a personal patrol vehicle (PPV) during the FY 2008- 09 budget year, 16 vehicles would provide vehicles to less than half of the eligible officers. (The Department's original budget request contained 21 vehicles) The benefit of the PPV program is that these vehicles will remain in service for a longer period and require less maintenance. All Palm Beach County departments the size of the BBPD or larger provide a take-home vehicle as a benefit of employment. Not providing this benefit could result in some officers departing the agency for other employment. In June, two officers resigned and were hired by PBSO. Listed among their reasons for leaving was the fact that they would be issued a take-home vehicle immediately upon hiring. FIRE: All Reductions Made in a Supplemental Department Request Page 1 of9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) PUBLIC WORKS: Total Devartment Reductions - $368.112 Eliminate Street Supervisor (Vacant Position) $69,029 No sidewalk inspections (liability increases) and routine lighting inspections; no long-range sign program; urban Forestry Program abandoned; no street/appearance inspections (i.e. Federal Hwy); calls returned in 48 hrs - not 24 hrS'; General customer service level will decline. Eliminate Senior Crew Leader (Vacant Position) $45,049 No sign requests by other departments will be completed; no event assistance. Risk Management must contract all requests and repairs. Fire Station Deep Cleanin2 $8,000 This requires more frequent and quality cleaning by Fire staff. Mulch & Prunin2 $72,000 Reduce mulch applications to once per year, not twice at all locations; appearance diminished; more prone to weeds. Prune palms one time per year, not twice; dead palm fronds hanging: increased complaint calls. Canal Maintenance $17,876 Stop canal maintenance resulting in weeds in canals; disrupts recreational boating in several small residential finger canals. Mowin2 $48,000 Mow vacant City properties twelve times per year; not eighteen times per year; possible Code violations; may require Code change; appearance diminished; no properties can be added. Community Gardens $8,000 Eliminates landscaping around the perimeter of the community gardens located along Seacrest. Community garden function will remain, but appearance from street will diminish. Eliminate Parks Maintenance Specialist (Vacant Position) $55,624 Elimination of this position would result less frequent mowing and other landscape maintenance of the municipal complex; will not be able to mow weekly; perhaps every ten days. Eliminate En2ineerin2 Position (Vacant Position) $44,534 No long range planning for sidewalk construction and replacement; no stormwater-permitting program (for private development). Page 2 of9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) RECREATIONIP ARKS: Total Department Reductions - $184.671 Eliminate Recreation Specialist - Civic Center (Vacant Position) $44,323 The Civic Center operates six days and five evenings a week. The 8,160 square ft. facility includes the City's only public auditorium and two program rooms. Staff currently includes a Recreation Supervisor, an Administrative Associate, and two part time Recreation Leaders (1 FTE). . The Recreation Specialist position is primarily responsible for coordinating programming related activities, such as scheduling classes, managmg contractual instructors, purchasing supplies, and monitoring the facility. . Losing the Recreation Specialist position will make it more difficult to accommodate requests to use the facility beyond normal operating hours since less staff is available to monitor the facility. . It will reduce the number of programs/activities that can be offered/organized at the facility due to reduced staffing levels in the building. . It will require the Recreation Supervisor and other department staff to inherit additional responsibilities. . It reduces people available to accommodate vacation requests and sick time. Eliminate Recreation Specialist - Art Center (Vacant Position) $44,323 The Art Center operates six days and five evenings a week. It is approximately 6,640 square feet. Staff currently includes one Recreation Supervisor, an Administrative Associate, and one part time Recreation Leader (.75 FTE). The elimination of the Recreation Specialist resulted in the Recreation Supervisor and other staff to inherit additional responsibilities, which include . Assisting 10 - 15 Contractual Instructors: Includes overseeing and updating annual contractual agreements; completing, upon hiring and every three years, FDLE background screening; completing supply orders; reviewing registration; determining cancellations, changing programs, accommodating waitlists; printing rosters; rendering payment; constant communication of needs. . Coordinating three part-time staff and Kids Club afterschool program: Includes assisting with curriculum; developing calendar of events and activities; booking special activities and field trips; communicating with participants and parents; reporting disciplinary issues and incidents; tracking and completing monthly budgets; teaching classes due to staff time-off and/or staff shortages; updating registration information; staff scheduling. Page 3 of9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) RECREATION/PARKS: (Continued) . Summer Camps (2 on-site / 1 off-site): Includes assisting with supervision of 7 seasonal staff; developing curriculum for extensive summer art lessons; booking special activities and field trips. Also responsible for ordering and distributing supplies; ensuring proper forms and information are available; overseemg the daily classroom activities: communicating with staff, parents and participants; updating registration information: covering for staff when necessary; assisting with transportation; coordinating and supervising the end of summer art show for 120 participants and their families. . General Duties: Includes covering the MAP when needed; attending meetings; assisting Supervisor with tasks; assisting others outside the department; covering as a program instructor for contractual programs, after-school and summer camp when part-time staff or contractual instructors are out due to illness. . Seasonal Events: Plan and implement monthly family events which includes hiring vendors; site layout; set-up and break-down; coordinating assistance and meetings with other departments; mailing correspondence: creating flyers, posters, media releases and banners (if needed); rendering payment; scheduling staff; purchasing supplies: coordinating sponsorships and donations; providing event follow up and evaluation. . The State has also mandated that the facility obtain licensing through DCF. This will require keeping and daily updating files on each child and staff member; researching and providing additional staff training; being the certified substitute on-call; adhering to the rules and regulations of DCF; providing written reports and lesson plans; attending mandatory meetings and trainings pertaining to licensing and updating of policies: working with Health Department to ensure compliance; providing coverage at front desk and/or classroom to ensure ratios are up to regulation and safety is provided to participants. This duty has largely been taken over by the Art Center supervisor who has the credentials necessary to operate after-school and pre-school programs and is acting as owner/operator for all three of the after-school programs (Art, Hester and Sims). The Administrative Secretary will assist with maintaining the files. The supervisor will be responsible for maintaining the entire program for the department. Scale Back Holidav Li2hts and Banners $20,000 Staff will seek cost sharing with the CRA for future decorations/tree. Remaining funding would likely provide decorations for City Hall area only as well as a Holiday Tree. This program included the following items: . Installation and removal of 50' holiday tree and decorations, holiday lighting at City Hall, Civic Center, Hester Center, Intracoastal Park Clubhouse, Art Center, Tennis Center. gazebo at "Pete's Pond", fire stations, Ocean Avenue, and Federal Hwy., . Installation, removal and storage of holiday banners and banners other than holiday . With funding being cut, none of these decorations will be installed, including the Holiday Tree, which will in effect eliminate the tree lighting ceremony. Page 4 of 9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) RECREATION/PARKS: (Continued) Eliminate Parks Maintenance Worker and Worker Sr. (Vacant Positions) $76.025 . Without the elimination of the two (2) positions, we would have 16 field personnel who do the weekly maintenance of 143 acres of parkland. This calculates to 8.94 acres per person. . Once Congress Avenue Community Park is completed and with the addition of Jaycee Park and Wilson Park, we will have 17.2 additional acres of parkland to maintain. Using the 8.94 acre per son, we should actually need 1.92 additional positions. . With the elimination of the two positions and the additional acreage, we may not be able to give as much attention to detail and we may need to extend mowing frequency. We -are looking at ways to become more efficient. . Using a CIP funded program, we are renovating landscaping in parks to replace high maintenance plant material with lower maintenance material. If the CIP continues to fund the landscaping program, we should be able to lower the amount of maintenance required in parks. CITY COMMISSION: Total Deoartment Reductions - $92.500 S/W/MBE Proeram (New) $42,500 This is a discretionary program. Funding was originally provided (included in Strategic Plan Implementation) for the development and implementation of a Small/WomenlMinority Business Enterprise Program. Staff recommends eliminating this funding and addressing S/W /MBE needs in a Purchasing Ordinance (smaller program). Community Investment Funds $50,000 The City Commission established a Community Investment Fund (CIF) to provide a source of discretionary funding to support projects and activities in the City that are accessible and beneficial to the citizens of the City. The CIF is designated as a specific line item in the City Commission portion of the City's annual budget. Each year the Commission considers an appropriation to the Community Investment Fund. The Commission is not required to appropriate funds to the Community Investment Fund but when it does, the amount appropriated, if any, is available for distribution by the Mayor and City Commissioners in equal amounts only for qualified programs or projects. This program cut will result in the elimination of the CIF. Page 5 of9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) DEVELOPMENT: Total Department Reductions - $380.138 Slow Down the Pace of Public Record Automation $38,000 Brin2 the Maiority of Document Ima2in2 to In-House Staff This removes the Department's request for a faster, wide-format scanner for imaging. As a result, imaging staff will continue scanning documents at the current pace, resulting in a growing backlog. A faster machine would simply allow imaging to keep up with the current volume of documents requiring scanning. This also means that the public must wait longer for records requests, whether in person or online, due to slower turn-around time for scanning permit files and plans, Planning & Zoning plans, and Business Tax documents. Having the majority of scanning handled in-house means that existing staff will image documents when time is available, resulting in more backlogs of files. DeletelReduce Special Consultant Studies $45,000 Planning & Zoning uses funds for projects such as the neighborhood sector plans, comprehensive study update, City Commission requests for projects such as the Ml Congress Avenue study and building colors study. Not having funding for such activities means that alternate funding sources for special studies must be identified each time a study is requested or desired by others. or requests for consulting projects will need to be prioritized and possibly not granted. Eliminate Planner and Senior Planner Positions (Vacant Positions) $133,033 Reduction due to reduced development activity. Demands upon the Planning staff originate from four main sources: 1) Development activity; 2) Comprehensive Plan management; 3) Regular projects; and 4) Special projects. While the workload and deadlines generated by State- mandated Comprehensive Plan management and regular projects (i.e., rezoning requests, site plan modifications, etc.) are generally known, anticipated, and part of the day-to-day operation of the division, the work generated from incoming Development and Special projects are unpredictable and can range between minor tasks to a major, staff intensive project. Thus, depending on the overall work load, and project demand and prioritization, a reduction in planners will mean less timely response to public inquiries and needs, a reduction in the Division's set of advanced and special skills, and the limitation on beneficial activities such as corridor, special use, and other planning studies. Eliminate Three Positions: Permittin2lRecords Supervisor. Plan Review Analvst. and Electrical Field Inspector: (Vacant Positions) $164,105 The Permitting/Records Supervisor manages permitting staff and day-to-day operations related to the permitting process. The Plan Review Analyst reviews structural plans. Not having these positions means that permitting staff will need to report to the Deputy Building Official. In addition, plan review for permits will take longer to complete because Plan Reviewers will be taking on the additional work of the vacant position. Page 6 of9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) HUMAN RESOURCES: Total Department Reductions - $51.000 Benefit Administration - Contractine for a Flat Rate Fee $29,000 The current benefit consultants receive commission on premiums as follows: . Medical Insurance (2% of premium) . Disability & LTD (10% of premium) . Dental (4% of premium) . Vision (10% of premium) . Life Insurance (10% of premium) The new consulting firm (requires Commission approval) will receive a flat rate fee rather than a commission resulting in a saving of approximately $29,000 annually. Eliminate Anniversary Awards. Luncheons. and Jewelry Gifts: $10,000 The chart below provides a count of employees eligible for service awards in 2009 to include the cost of the quarterly luncheon, held at our Links Golf Course: . Emblem 10 years; 38 employees @ $185 $ 7,030 . Gem holder & gemstone 15 years; 16 employees @ $75 $ 1,200 . Gemstone 20/25/30/35 years; 31 employees @ $40 $ 1 ,240 . 4 Quarterly Service Award Luncheons at $275 $ L 1 00 $10.570 Reduce Advertisine to Less Costly Services. Not Local Papers $12,000 A weekly ad in a local paper (1 column, 2 inches, no logo) costs approximately $500. An alternative vendor, Employment Source, is a free publication that is available to consumers in three (3) counties (Palm Beach, Broward & Miami-Dade) at many grocery stores, universities, hospitals, restaurants, Tri-Rail, etc. The cost for the Employment Sources ad is $269 per week for a quarter-page and includes a full listing of our benefits. This source reaches a broader audience of potential candidates at a lower cost. Using Employment Sources will save approximately $12,000 annually. In fact, Human Resources began using this recruitment tool to control costs for FY 2007/2008. ALL OTHER GENERAL FUND DEPARTMENTS: Reductions Made in Supplemental Department Requests Total General Fund Citv Manafler Recommended Reductions - $1.629.817 Page 7 of9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) UTILITIES: Total Department Reductions - $355,814 Partnership Committee $18,791 Cut recognition and training. Use more in house staff. This cut does not affect any employees. The Utilities Partnership Committee was created to improve communications between labor and management. This budget is for recognition, luncheons, pins, suggestions that are not budgeted. Previous expenditures included more lockers in water plant, signs for parking. This cut will not affect the operation of the utility itself. Mana2ement and Leadership $42,500 Cuts in professional services, studies, work moves to in-house staff. This cut does not affect any employees. Outside consultants perform studies of varying nature. Employee training and diversity of job skills and analysis of career path are types of requests. Also other types of requests are applications for operating permits for the Utility. These operating expenditures could be spent out of reserves when needed. Reduce Lift Station Landscapin2 $15,248 Reduce contractual costs. This reduction will reduce the scheduling of landscape maintenance at lift stations. This amount is a percentage that would not affect the operation or a drastic noticeable appearance of the lift stations in the community. Cut Water Conservation Pro2rams/Public Education $35,000 Less focus on education could cause increase in water consumption. Our water conservation plan is a requirement of our consumptive use permit. Weare required to maintain an active education program as a condition of the permit. This requirement is specifically called out in the special conditions. Eliminate CADD Technician: (Vacant Position) $44,625 If deleted, it will reduce the Department's Mapping Program and would not be able to complete development of its map for the entire pipeline system without using consultants. Eliminate Crew Leader: (Vacant Position) $35,578 This position was slated for deletion by the department. There is no affect on utility operations. but deletion will cause a reduction in customer service level as a courtesy of high water usage. Eliminate In House Weldin2: (Vacant Position) $61,144 This eliminates welding support Citywide and all needs will require contracting. Welding services include lift station lids, doors, specialty tool creation, dumpster repairs, and generator trailer repairs. Page 8 of 9 CITY MANAGER FINAL RECOMMENDATIONS (Related Annual Cost and Impact) UTILITIES: (Continued) Eliminate Utilities Maintenance Mechanic: (Vacant Position) $63,148 The West Water Treatment Plant has two mechanic positions. These individuals perform all the routine predictive, planned and breakdown maintenance at the plant. We have already accepted a reduction of one mechanic in the well maintenance area. Eliminate Utilities Crew Worker Sr.: (Vacant Position) $39,780 This position will affect turn-on and turn-off situations and customer contact. Overtime will be utilized to continue the turn-on/tum-off process and the revenue stimulus that occurs. Total Water & Sewer Fund Citv Manal!er Recommended Reductions - $355.814 Total Citvwide Recommended Reductions - $2.085.631 Page 9 of9 ~ d~~~~~;?;?QR~~~2'2'~~~~ "'C (") ~l -f S';:;;;:;:;:;:3~rii;%-<-<qggggg:roro;=; a 03::r m - iii" (D' ro OJ - - - n n ro () (') n n n ro tD IT .. ~UlUlUl:J.g.g.gO~g,:.::E::E::E::E::E ::::l ~ ;::;. ;!l ~ ~ 3 3 3 ~ ^ g Q Q Q Q Q !:!:::!. 0 ~ ~ ~~~~v; cu~~~(i~ C QI ~ ~ ,<,... c ,-+- ,.....,. ,....,. (f1:J ' I'D n Dj' ;::j 0 0.. "C C :" ~ - (1) :0 -0 ~ tD 0 10 ~ Ul OJ .... 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N O'l ,.J:lr. ,J:.. co U'1 co -....J V1 \.0 0 N \0 U1 ~~~N~~ob~~bwwb~boobbbb~ w ow ,.J:lr. -.....J N "J:lo O\.OOOOONNNONO"-J"J::.NOO\O U1 I'VW J:lo co V1 00 0 I--' 0 0 V1 0 V1 W W 0 .c::. 0 0'\ \0 1.0 0 0 w ;;; ;;; ;;; ~ ~ ~ ~ ~ ;;; ~ ;;; ;;; ;;; l? ;;; l? ~ ;;; ;;; ~ ~ ;;; n 0 n n n < a. ~ m ~ n ~ n n n n n n ~ n n ^ rl n 3 ~ g ~ ~. ~ ~ 3 ~ ~ ~ g ~ ~ (ti ~ ~ iil ~ ~ m ~ g 3 H ~ ~ ro m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ OJ ~ ~ M ~ OJ M <l> ~~~r-n~'~~'~~'~~~~~~g~~~~~ ::> ..... ~ ~ ~ ~ i W <l> W ~ W ~ ~ ~ ~ ~ ~ W ~ ~ <l> ~ ~ VI ggg~VI~~~g~ggg<l>g~~gg< g ~ ~ ~ > ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ a 3 a ~ a ~ a ~ ~ ~ a ~ ~ ~~~~'Q lQ .Q.Q~ [~ rt ro ~ ~ ~ 3 _ 3 3 3 ~ ~ 3 ~ ~ ~ ~ ~ ~ 0 n c: 0 VI VI <l> ..... ~~~~~~~~~~~~~~~~~~~~~~ > -lA- -lA- -lA- 3 ,!'J I-' 0 c: 0 '3\~ ~ co W.j:> .... "" ,U1 co '3\ 0\ w ~ ,..... "" .... .... .... 0'1 "" ..... "" "" U1 "" .... "" 0'1 (Xl 0'1 "" ex,~ I-ooL V1 ~ V1 rv CD N 0 ~ N 0\ ~ ~ (Xl 111 co .....s V1 1..0 0 N \0 '3\ ~~~N~~ob~~bwwb~boobobb~ w ~w I-' cow "" .....sN~O\.OOOOONNNONO.....s~NOO\.O ~ 00 V1 co 0 I-ooL 0 0 V1 0 V1 W W 0 ~ 0 0\ 1.0 1..0 0 0 W *1 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A PROPOSED MUNICIP AL 5 MILLAGE RATE OF 6.4553 FOR GENERAL 6 OPERATING BUDGET PURPOSES FOR FISCAL YEAR 7 2008-09, STATING A ROLLED-BACK RATE OF 7.3152, 8 AND SETTING FORTH THE DATE, TIME AND PLACE 9 OF THE FIRST PUBLIC HEARING; PROVIDING FOR 10 SEVERABILITY, CONFLICTS AND AN EFFECTIVE 11 DATE. 12 - 13 14 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the 15 Municipality's governing body to advise the Property Appraiser of its roll back millage rate, 16 proposed millage rate and the date, time and place of the first public hearing; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The City Commission of the City of Boynton Beach, Florida, hereby 20 adopts a proposed millage rate of 6.4553 which has been computed to fund the General 21 Operating Budget for Fiscal Year 2008-09. The rolled-back rate is 7.3152. .;,., 22 ;'Section 2. The City Commission of the City df Boynton Beach, Florida, hereby ". 2j sets September 9, 2008 at 6:30 P.M., at Boynton Beach City Hall, 100 East Boynton Beach 24 Boulevard, as the date, time and place of the first public hearing to consider the proposed 25 millage rate and the tentative budget. ., 26 Section 3. The City Manager of the City Of Boynton Beach, Florida, is hereby 27 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach 28 County Property Appraiser's Office. 29 Section 4. If any clause, section, or other part of this Resolution shall be held by S:\CAIRESO\Budget\2008-09 Budget\08-09 First Proposed Millage 070808.doc 1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 2 invalid part shall be considered as eliminated and in no way affecting the validity of the other 3 provisions of this Resolution. 4 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 Section 6. This Resolution shall become effective immediately upon its passage 7 and adoption. 8 PASSED AND ADOPTED this _ day of July, 2008. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner.~ Woodrow 1. Hay ~.:.., 22 ,. 23 24 Commissioner - Marlene Ross 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk "'J ,)~ ..,.., ,),) 34 35 (Corporate Seal) S:ICAIRESOIBudget\2008-09 Budgetl08-09 First Proposed Millage 070808.doc -=JJ:-. ;L 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A PROPOSED MUNICIP AL 5 MILLAGE RATE OF 7.1859 FOR GENERAL 6 OPERATING BUDGET PURPOSES FOR FISCAL YEAR 7 2008-09, STATING A ROLLED-BACK RATE OF 7.3152, 8 AND SETTING FORTH THE DATE, TIME AND PLACE 9 OF THE FIRST PUBLIC HEARING; PROVIDING FOR 10 SEVERABILITY, CONFLICTS AND AN EFFECTIVE . 11 DATE. 12 13 14 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the 15 Municipality's governing body to advise the Property Appraiser of its roll back millage rate, 16 proposed millage rate and the date, time and place of the first public hearing; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The City Commission of the City of Boynton Beach, Florida, hereby 20 adopts a proposed millage rate of 7.1859 which has been computed to fund the General , 21 Operating Budget for Fiscal Year 2008-09. The rolled-back rate is 7.3152. ",' . -' ~~.-. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby , 23 sets September 9, 2008 at 6:30 P.M., at Boynton Beach City Hall, 100 East Boynton Beach 24 Boulevard, as the date, time and place of the first public hearing to consider the proposed 25 millage rate and the tentative budget. ., 26 Section 3. The City Manager of the City of Boynton Beach, Florida, is hereby 27 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach 28 County Property Appraiser's Office. 29 Section 4. If any clause, section, or other part of this Resolution shall be held by S:\CAIRESO\Budget\2008-09 Budgetl08-09 First Proposed Millage 070908 (ine FA).doe I any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 0; 2 invalid part shall be considered as eliminated and in no way affecting the validity of the other '" provisions of this Resolution. ,) 4 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 Section 6. This Resolution shall become effective immediately upon its passage 7 and adoption. 8 PASSED AND ADOPTED this _ day of July, 2008. 9 CITY OF BOYNTON BEACH, FLORlDA 10 II 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Woodrow L. Hay 22 23 24 Commissioner - Marlene Ross 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 "'''' ,),) 34 35 (Corporate Seal) S:ICAIRESOIBudgetI2008-09 Budgetl08-09 First Proposed Millage 070908 (inc FA) doc 41/,3 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, '4 FLORIDA, ADOPTING A PROPOSED MUNICIP AL 5 MILLAGE RATE OF 7.3152 FOR . GENERAL 6 OPERATING BUDGET PURPOSES FOR FISCAL YEAR 7 2008-09, STATING A ROLLED-BACK RATE OF 7.3152, 8 AND SETTING FORTH THE DATE, TIME AND PLACE 9 OF THE FIRST PUBLIC HEARING; PROVIDING FOR 10 SEVERABILITY, CONFLICTS AND AN EFFECTIVE 11 DATE. . 12 13 14 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the 15 Municipality's governing body to advise the Property Appraiser of its roll back millage rate, 16 proposed millage rate and the date, time and place of the first public hearing; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The City Commission of the City of Boynton Beach, Florida, hereby 20 adopts a proposed millage rate of7.3152 which has been computed to fund the General 21 Operating Budget for Fiscal Year 2008-09. The rolled-back rate is 7.3152. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23 sets September 9, 2008 at 6:30 P.M., at Boynton Beach City Hall, 100 East Boynton Beach 24 Boulevard, as the date, time and place of the first public hearing to consider the proposed 25 millage rate and the tentative budget. 26 Section 3. The City Manager of the City of Boynton Beach, Florida, is hereby 27 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach 28 County Property Appraiser's Office. 29 Section 4. If any clause, section, or other part of this Resolution shall be held by S:\CAIRESO\Budget\2008-09 Budgetl08-09 First Proposed Millage 070808 (m & r same).doc 1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 2 invalid part shall be considered as eliminated and in no way affecting the validity of the other 3 provisions of this Resolution. 4 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 Section 6. This Resolution shall become effective immediately upon its passage 7 and adoption. 8 PASSED AND ADOPTED this __ day of July, 2008. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Woodrow L. Hay 22 )'"' ~,) 24 Commissioner - Marlene Ross 25 26 ATTEST: 27 28 , 29 30 Janet M. Prainito, CMC 31 City Clerk 32 33 34 35 (Corporate Seal) S\CAIRESO\BudgetI2008-09 Budget\08-09 First Proposed Millage 070808 (m & r same).doc ~ .pL-( 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A PROPOSED MUNICIP AL 5 MILLAGE RATE OF FOR GENERAL 6 OPERATING BUDGET PURPOSES FOR FISCAL YEAR 7 2008-09, STATING A ROLLED-BACK RATE OF 8 , AND SETTING FORTH THE DATE, TIME 9 AND PLACE OF THE FIRST PUBLIC HEARING; 10 PROVIDING FOR SEVERABILITY, CONFLICTS AND . 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the 15 Municipality's governing body to advise the Property Appraiser of its roll back millage rate, 16 proposed millage rate and the date, time and place of the first public hearing; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The City Commission of the City of Boynton Beach, Florida, hereby 20 adopts a proposed millage rate of which has been cpmputed to fund the General , , 21 Operating Budget for Fiscal Year 2008-09. The rolled-back rate is . ..;., ...;:. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby , 23 sets September 9, 2008 at 6:30 P.M., at Boynton Beach City Hall, 100 East Boynton Beach 24 Boulevard, as the date, time and place of the first public hearing to consider the proposed 25 millage rate and the tentative budget. ., 26 Section 3. The City Manager of the City of Boynton Beach, Florida, is hereby 27 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach 28 County Property Appraiser's Office. 29 Section 4. If any clause, section, or other part of this Resolution shall be held by S:\CAIRESOlBudgetI2008-09 Budgetl08-09 First Proposed Millage 070208.doc -' ---1'd 1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 2 invalid part shall be considered as eliminated and in no way affecting the validity of the other 3 provisions of this Resolution. 4 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 Section 6. This Resolution shall become effective immediately upon its passage 7 and adoption. 8 PASSED AND ADOPTED this _ day of July, 2008. 9 CITY OF BOYNTON BEACH, FLORlDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner ~ Woodrow L. Hay , 22 )" _..J 24 Commissioner - Marlene Ross 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 "" ..J..J 34 35 (Corporate Seal) SICA\RESOIBudgetI2008-09 Budgetl08-09 Firsl Proposed Millage 070208.doc IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. 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 D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) [8J July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations [8J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Discussion of recent Solid Waste Code changes. EXPLANATION: Recent Solid Waste Code changes were put in to place in order to address timeliness of pickup in the community and secondarily we changed our collection procedures to go to a six-day collection as part of a cost savings measure. Staff understands this has raised additional questions related to the timeliness of pickup and potential goals related to cleanliness and it would be appropriate to discuss this further with the Commission. PROGRAM IMPACT: N~ FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~~ ~ 'S lty anager sIgnature ~/:;jc- tJ~fi Assistant to City Manager Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 08- 0 I;;"" i 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 THE CITY'S CODE OF ORDINANCES, CHAPTER 10, 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 ARTICLE II, REFUSE, GARBAGE AND TRASH 7 ALLOWING FOR UNLIMITED AMOUNTS OF 8 VEGETATION AND BULK TRASH FOR RESIDENTIAL 9 CURBSIDE PICKUP; APPROVING A 25 CENTS PER 10 MONTH RESIDENTIAL RATE INCREASE; II APPROVING A SIX-DAY COLLECTION SCHEDULE 12 FOR ALL SOLID WASTE SERVICES; PROVIDING FOR 13 CONFLICTS, SEVERABILITY, CODIFICA TION AND 14 AN EFFECTIVE DATE. 15 WHEREAS, the City Commission of the City of Boynton Beach directed staff to 16 change weekly collection requirements to allow disposal of unlimited amounts of bulk trash 17 and landscape debris; and 18 WHEREAS, this change will result in a 25 cents/per month rate increase to offset the 19 loss of special pickup revenues; and 20 WHEREAS, the City Commission finds the adoption of an ordinance allowing for 21 nlimited amounts of vegetation and bulk trash for residential curbside pickup; allowing for 22 he increase of 25 cents per month residential rate; and allowing for a six-day collection 23 chedule for all Solid Waste services is in the best interest of the health, safety, and welfare of 24 he citizens and residents of the City of Boynton Beach. 25 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 26 F THE CITY OF BOYNTON BEACH FLORIDA, THAT: 27 Section 1. Each "Whereas" clause set forth above is true and correct and 28 ncorporated herein by this reference. 29 Section 2. Part II, Chapter 10, Garbage, Trash and Offensive Conditions, Article 30 I, Refuse, Garbage and Trash, is amended as follows: 31 ARTICLE II. REFUSE, GARBAGE AND TRASH 32 33 ec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. :\eA IOrdmances\Refuse, Garbage and Trash.doc , ., - I All refuse, garbage, trash of all types, vegetative trash, recycling, construction and 1 i i 2 demolition material accumulated in the City shall be exclusively collected, conveyed and 3 disposed of by the City under the supervision of the Director of Public Works. The Director of 4 Public Works shall have authority to make administrative regulations concerning the days of 5 collection, type and location of waste containers and such other matters pertaining to the 6 collection, conveyance and disposal not otherwise set by the City Commission or the City 7 Manager as he shall find necessary, and to change and modify the same after notice as 8 required by law, provided that such regulations are not contrary to the provisions hereof. 9 Sec. 10-23. Definitions. 10 For the purpose of this article, the following words and terms are defined as follows: 11 Additional pickup meaRS a oolleetion of garbage, eombustible trash, noneomoustible trash. 12 vegeta-ti'lc trash, or bulk trash reql:lired due to the iRappropriate eom:ainer, lack of 13 14 . . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Commercial means any public or private place, building and/or enterprise or business 31 evoted in whole or in part to a business enterprise, whether nonprofit or profit-making in 32 ature, including, but not limited to hotels, motels, restaurants, offices, industries, stores, 33 arkets, theaters, hospitals and other institutions which hold themselves out to the public as 34 laces of business, services or accommodations. 35 Containers or receptacles: 36 I (1) "Non:containerized" means the use of a "roll-out cart" provided by the City for the 37 se of garbage collection purposes. The cart as defined will be of a special design and 38 onstruction as to allow for the mechanical or automation of collection of garbage. :\CA \Ordinances\Refuse, Garbage and Trash.doc - 2 - I cubic yards. Bulk trash shall also include owner generated construction debris less than one 2 i (1) cubic yard. ,'\lso included shall be trees, tree stumps, and trec limbs less than fOlH" (1) 3 inches in diameter and less than four ('1) feet in length e)wept for palm fronds, and the 4 accumulation of such yard waste type material in excess of two (2) cubic yards. 5 (7) "Construction and demolition material:" Commonly referred to as C&D debris, shall 6 I be any byproduct material from either the construction or demolition or remodeling, or repair 7 , of any type building, structure, or roadway, or driveway materials. Material would commonly 8 I contain, but not be limited to, saR4;-building materials, rubble, stone, brick, earthwork, paving 9 : materials, concrete, blocks, wood, roofing materials erof all types, metal, piping, asphalt, 4H:t, 10 i lfeek.sfencing, cabinets~~-_HV AC ducting, heating and air conditioning equipment, plumbing 11 lfixtures and the like. This material will not be collected routinely by the City. The customer 12 I ishould contact the Director of Public Works to schedule the removal, or arrange for a roll-off 13 i icontainer to be provided but the City. The cost of this service will be in accordance with the 14 !type of materials and the cost of associated disposal. 15 (8) "Hazardous material:" Shall be any type material or product whose chemical or 16 !biological nature make it dangerous to the human health if disposed improperly, or that could 17 Icause harm to the environment. This includes any material which requires special handling 18 Idue to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and 19 on the health and welfare of the public, including but not limited to explosives, pathological 20 wastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, 21 pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or 22 highly flammable chemicals. The City will not collect hazardous material on any regular 23 Solid Waste services. Arrangements for the special disposal shall he made by the customer for 24 he proper, safe, and legal disposal of hazardous material by calling the Solid Waste 25 uthority. 26 (9) "Infectious waste:" Is any type of waste material resulting from the operation of 27 edical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of 28 uman and/or parts, contaminated bandages, pathological specimens, hypodermic needles, 29 ontaminated clothing and surgical gloves. The City will not routinely collect infectious 30 aste. Arrangements for special disposal shall be made privately by the customer for the 31 roper, safe, and legal disposal of infectious waste according to standards within the relevant 32 ndustry. 33 (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, 34 lastic containers, glass bottle and jars, milk and juice cartons, aseptic containers. corrugated 35 ardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries 36 no wet-cell batteries) and other type materials that have known recycling potential, can be 37 easibly recycled, and have been diverted and source separated or have been removed from 38 he solid waste stream for sale, use, or reuse as raw materials, whether or not the materials 39 equire materials would include items that are capable of being recycled and which would 40 therwise be processed or disposed of as solid waste. Recycled material shall be collected on 41 scheduled routine basis from each residential unit in the City. :\C A \OrdinancesIRefuse, Garbage and Trash.doc - 5 1 Residential dwelling unit means any structure or shelter, house, apartment building, or any 2 I part thereof used or constructed for human habitation and shall include bath and culinary 3 I accommodations for one or more families. 4 (1) "Single-family dwelling:" means a residential dwelling unit designed to contain only 5 ' one (1) family, or any residential dwelling unit, or any number of residential dwelling units 6 receiving Solid Waste service for each individual dwelling unit. 7 (2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more 8 than one (1) family, and received containerized Solid Waste service. 9 Sanitation sS.upervisor. See Director of Public Works. 10 Special pickup shall be materials not colleeted routinely. Special piekups will be 11 coordinated with the resident and the Director of Publie Works as to time, place, date and 12 items to be pieked up. Items to be pieked up will not be deflesited at eurbside more tAan 13 twenty f{)ur (21) hours prior to tile sCAeduled speeial pieku]:l. All special piclmps shall be at 14 additional cost to the resident. An estimate of the cost of the speeia} pickup should be 15 obtained by contaeting the office of the Director of Public Works. Special pickups ','1ill be 16 made as soon as practicable upon acceptanee of the cost estimate by the o\vner. Move to 17 "Definitions" 18 Sec. 10-24. Single family residential -refuse collection. 19 (a) The City will collect noncontainerized residential refuse under the following 20 conditions: 21 (1) Garbage will be collected twice per week at curbside only from each single family 22 esidential unit in the City provided with roll-out garbage carts. The placement of household 23 ~arbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 24 o the roadway with the expectation of collection shall be strictly prohibited. All material 25 . ntended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 26 bf the cart must be closed. All refuse cans and carts shall be aboveground, placed off the 27 street, but within three (3) feet of the curb or edge of pavement and shall be located a 28 ~inimum of three (3) feet from any obstruction that may interfere with routine collection. 29 Iv ard trash and combustible trash will not be collected with household garbage, but will be 30 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 31 ~apable of being containerized should be placed in a standard garbage can, roll-out garbage 32 f.art, plastic bag, or disposable container. Collection of yard trash should be piled separately 33 rom all other trash at curbside. Any mixing of household garbage, combustible, 34 noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 35 rash or combustible trash in the paved area of the street or on vacant lots is prohibited. 36 Materials classified as hazardous material will not be collected by the City. Household 37 ~arbage, trash or any type of other material intended for collection, shall not be set out prior to 38 1):00 P.M. of the day proceeding the scheduled pickup. :\CA\Ordinances\Refuse, Garbage and Trash.doc - 6 - 1 (2) All garbage cans provided by the individual customer shall be subject to inspection 2 and approval by the Director of Public Works or designee at all times. A container not 3 approved by the Director of Public Works and which is set out for collection will have a 4 notice placed upon the container, handed to the owner or occupant, or left at his residence and 5 the occupant shaJl no longer use the container for collection. 6 (3 ) Special waterproof disposable refuse bags or any other containers may be used for 7 vegetative materials. When such bags or any other containers are used, the responsibility for 8 protection of either the bag or the container and the contents shall rest with the individuals 9 occupying or residing on the property. Rupture of, or damage to the bag or container, from 10 any cause which results in the scattering of refuse prior to the arrival of City collection 11 personnel wiJl obligate the user to reassemble all of the refuse in an undamaged bag or 12 container prior to pickup by the City. 13 I ( 4) Accumulations of yard trash shall be stacked in compact piles not to exceed t'NO (2) 14 cubic yards in volume at curbside within the confines of residents' or owners' side property 15 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 16 collect yard trash produced from commercial tree trimming operations, landscape and lawn 17 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 18 landscape contractors and operators of tree and shrubbery maintenance services shall remove 19 all trash and debris from the premises upon which they are working, including but not limited 20 to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. 21 Disposal of yard trash produced by commercial operations or those paid to conduct such 22 operations shall be strictly prohibited. No yard trash shall be placed on property owned or 23 occupied by others without permission. 24 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to 25 ny street, sidewalk, parkway, front yard, side yard or other place within the view of persons 26 sing the City's streets or sidewalks, except as provided herein. Protection of the containers 27 laced for collection is the responsibility of the resident. 28 (6) Curbside residential recycling service will be given to each residential dwelling unit 29 ith the City, once a week. The City shall provide each resident with two (2) recycling bins or 30 arts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 31 Ilowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 32 aper, office grade paper, and corrugated cardboard. The bins shall be set out on the 33 esignated collection day. 34 (7) The responsibility for proper placement and preparation of solid waste materials for 35 ollection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 36 pon vacating or moving from any dwelling, storeroom, or any other building in the City, to 37 ail to remove all garbage, rubbish, and debris from such building and premises, and grounds 38 ppurtenant thereto, or to fail to place said waste in an approved sanitary container for 39 isposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 40 equirement shall obligate the property owner of record to fulfill the responsibility of 41 ompliance with this Article. .\eA \Ordmances\Refuse. Garbage and Trash.doc ., 1 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead 2 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other 3 i types of containers or placed loose on the ground with the expectation of having the material 4 : collected by the City. These materials are not part of Single Family Residential Refuse 5 I Collection Service. The resident and/or property owner should contact the Director of Public 6 I Works in order to inquire as to the proper disposal method for such materials. 7 I isec, 10-25. Containerized commercial and residential collection, 8 (a) Regulations governing containerized service: 9 (1) Containerized refuse service shall be carried out by the City at commercial or 10 multifamily residential establishments in the promotion of improved sanitary conditions for 11 the prevention of health hazard. Containers are supplied by and shall remain the property of 12 the City. The landowner is responsible for the protection of containers placed to serve the 13 premises. The landowner shall be liable to the extent of the cost of repairs or replacement of 14 containers when damaged by fire, negligence, vandalism or other forms of abuse. 15 (2) Free dumping access to containers at all times shall be provided by the landowner. 16 All containers shall be located so that the collection vehicle driver can dump containers 17 without leaving the vehicle. 18 (3) Customers using garbage chutes or interior storage shall provide containers on 19 rollers which will be the responsibility of the owner or occupant for maintenance. The 20 landowner shall be responsible for placing (rolling) them to the proper position for emptying 21 and in time for emptying. 22 (4) The size or number of containers shall be determined by the volume of refuse to be 23 eposited and will be in direct relationship to the manner in which the user elects to utilize the 24 pace provided in said container or containers. Charges shall be assessed on the basis of cubic 25 ards of refuse removed from premises whether manually compacted or loose. 26 (5) At each multifamily site, located adjacent to the dumpsters, or a location approved 27 y the City, the City shall place a minimum of two (2) recycling carts. The carts are for the 28 urpose of collecting recycling materials. The landowner must allow space for the carts 29 djacent to the dumpsters, and properly accessible by the City trucks for servicing. The 30 esidents of the multifamily development shall be encouraged to conduct recycling. The carts 31 ill be serviced a minimum of once a week. The placement of materials, garbage, yard trash, 32 r any other material not approved in the definition of recyclable materials shall be strictly 33 rohibited. This service is provided as a part of the garbage collection fee. 34 (6) Commercial, institutional, and any other type activity requiring containerized 35 arbage collection, except for multifamily collection service, are encouraged to access the 36 arbage and trash stream, to determine the benefits of recycling. The City will provide 37 umpsters, designated for cardboard and paper recycling. The service will be provided for a 38 ee. :\CA IOrdinances\Refuse, Garbage and Trash.doc - 8 - 1 Sec. 10-26. Roll-off services. 2 (a) Construction sites. All construction, renovation, remodeling, and repair sites, 3 I requiring a permit from the City for work being conducted, shall be maintained in a clean and 4 I sanitary condition at all times. Each construction site shall be provided with solid waste 5 containers adequate in size and sufficient in number to accommodate the accumulation of 6 solid waste during the interval between scheduled removals of solid waste from the project 7 site. The number and type of refuse containers shall be subject to the approval of the Public 8 Works Department. The owner of the property, or the contractor conducting the operations, 9 shall have the right to provide the material removal service with his own containers and 10 equipment. In all other cases, the owner or contractor shall be required to obtain such removal 11 services from the City. The Public Works Department shall determine exclusively whether 12 this service would require the use of roll-off containers, or the service could be adequately 13 provided by some other means. 14 (b) Stop work. During the construction of any site project the Building Official may at 15 his/her discretion, issue a written order to stop work on a construction project for failure to 16 maintain the construction site in a clean and sanitary condition, or for failing to adhere to the 17 requirement of this chapter. 18 (c) Final cleanup. Solid waste shall be removed from the construction, renovation, 19 remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of 20 Public Works within five (5) workdays following the completion and final inspections of the 21 work performed under a permit, and in all instances prior to the issuance of a certificate of 22 ccupancy by the Building Department. 23 (d) Roll-off location. All roll-off containers shall be placed on the customer's property in 24 location accessible for service. Roll-offs may be placed in the public right-of-way only if a 25 ermit to do so is issued by the Engineering Department. 26 ec. 10-27. General regulations. 27 (a) Predetermination of refuse storage sites required Prior to the issuance of a building 28 ermit by the City Building Department for the renovation, modification or erection of a new 29 tructure, provisions must be made for the storage and handling of refuse. Such arrangements 30 hall provide free access to containers by mechanized equipment at all times. Acting jointly, 31 he Public Works Department and the City Building Department and the builder-owner- 32 ccupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection 33 equirements. 34 (b) Refuse from containerized residential units will be collected twice a week or as 35 ecessary. Such frequency of service shall be determined exclusively by the Director of 36 ublic Works to ensure public safety, health, cleanliness and appearance. In the case of the 37 ommercial establishment, the customer will be billed for the amount of service required to 38 eet the solid waste standards. :\CA\Ordinances\Refuse. Garbage and Trash.doc - 9 1 (c) Duty to record and bill users of City system. The Director of Public Works shall 2 cause to be kept, an accurate record of all persons using the services and facilities of the said 3 municipal refuse collection and disposal system and make charges in accordance with the 4 rates and charges herein established. The City may choose to not provide solid waste services 5 because of non-payment. 6 (d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or 7 cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the 8 City or upon any occupied property public square, or upon any street, alley, park, parkway, or 9 in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any 10 storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous 11 or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of 12 the City in any vessel or receptacle other than in an approved refuse container which is 13 collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free 14 composting practices for home gardening purposes. No person shall burn or cause to be 15 burned any refuse or waste anywhere within the City limits, except as otherwise provided by 16 law. 17 (e) Mulch or compost piles permitted Horticultural trash and refuse containing no 18 combustible matter, or which will not, during decay, give off offensive odors, may be 19 accumulated by the owner as a mulch or compost pile in the rear of the residential premises 20 upon which the material is accumulated. Bringing material from offsite onto the property for 21 the sake of compo sting will be prohibited. Composting for commercial purpose, or 22 compo sting to develop a marketable product shall be prohibited except for those cases 23 allowed by commercial enterprise, and properly licensed to conduct such operations. 24 (f) Ownership of collection refuse and waste. 25 (1) Ownership of refuse and waste material shall be vested in the City at the time of 26 ollection. 27 (2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie, 28 r to interfere with the orderly and legitimate collection of any refuse containers placed for 29 ollection and disposal. It shall be unlawful for any person to scavenge any solid waste 30 ithin the City. 31 (3) Recycling material to be collected, such as newspaper, newspaper/grade papers, 32 dlor other materials, shall become the property of the City from the time of placement at the 33 urb by the customer, and it shall be a violation of this Article for any person, firm, 34 orporation, or partnership other than the City, to tamper with or to take or remove, or to 35 onvert to its own use in any way, such material. Each such collection in violation hereof 36 rom one (1) or more residences or businesses during such period shall constitute a separate 37 nd distinct offense. :\CA \Ordinances\Refuse. Garbage and Trash.doc - 10- I (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any 2 : solid waste container for collection; however, this section shall not apply to animal parts from I 3 ! food preparation for human consumption. 4 (h) Incinerators. No private incineration units shall be erected or operated within the 5 City from the date of this Article except upon approval of the City Commission, and the 6 issuance of the proper permits and licenses from any and all regulating agencies. 7 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any 8 landfill or dump within the corporate limits of the City. : I 9 : G) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon 10 i the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private 11 property within the City except as provided herein. 12 (k) Non-interference. It shall be unlawful for any person to interfere with any employee 13 of the City while in the performance of their duties as authorized by this chapter. 14 Sec. 10-28. Reserved. IS Sec. 10-29. Purpose of rates and charges. 16 The rates and charges herein set forth are imposed to provide revenue for the purpose of i 17 paying the costs of the operation and maintenance of the refuse collection and disposal system 18 of the City and extensions thereof and replacements thereto and for any other lawful purpose 19 as so determined by the City Commission. 20 ec. 10-30. Rates and charges for City service. 21 The rates and charges for refuse collection service provided by the City shall be as follows: 22 (a) Commercial containerized, excluding multifamily residential units: 23 (I) Monthly commercial charges shall consist of a total of the following three (3) 24 tems: 25 a. Container rental charge-A monthly flat fee to cover the cost of the container by 26 ize as follows: 27 2003/2004 Rates 28 2 cu. yd. container-$20.00 per month 29 3 cu yd. container- 25.00 per month 30 4 cu. yd. container- 30.00 per month :\CA\Ordinances\Refuse, Garbage and Trash doc - I J 1 6 cu. yd. container- 35.00 per month 2 8 cu. yd. container- 40.00 per month 3 The Public Works Director shall annually adjust these fees based upon changing purchase 4 prices of new containers. 5 b. Disposal charge-A fixed disposal charge as set and modified from time to time 6 by the Palm Beach County Solid Waste Authority. This price shall be passed on to the 7 customer directly. 8 c. Operating charge-A fixed charge per cubic yard to cover all other labor and 9 equipment hauling expenses and charges of the Solid Waste Department. The rate in 2004 10 will be fixed at three dollars ($3.00) per cubic yard and will be increased four percent (4%) 11 annually thereafter at the beginning of each fiscal year, or as otherwise provided by the City 12 Commission. 13 (2) Partial monthly service will be charged on a prorated basis, based on the rates in 14 subsection (l a.) above. 15 (3) Mechanical compressed or compactor refuse shall have the disposal rate 16 computed at a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (1 b.) above. 17 Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be 18 charged. 19 (b) Noncontainerized commercial service: Refuse picked up from residential type cans 20 at commercial establishments shall have their level of service negotiated by the Public Works 21 epartment. 22 (c) ResidentialCollection rates (l'u:mconlairwrizcd): 23 24 25 26 27 28 29 30 31 32 33 34 :\CA\OrdlOancesIRefuse, Garbage and Trash.doc - 12- 1 (d) Residential rates (containcrized, mu!tifamil)~: 2 (1) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars 3 ($9.00) f-or fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 4 2008/2009 per month for each family !.mit for apartments and condominiums that arc served 5 b)' dumpster containers. 6 (2) Eight dollars and fifty cents ($8.50) for fiscal year 200(5/2007; nine dollars 7 ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 8 2008/2009 per trailer in trailer parks. 9 (e) Spccial picJa:p: Special pickups of items not normally handled by the weekly 10 garbage, trash or recycling pickup, whether due to the type of '.vaste or the volume of waste, 11 may be scheduled by eontaoting the Public Works Depar..ment and the rate for such pickup 12 shall be established by the Direetor depending on the size and type of removal needed. 13 Residential Multi-Family 14 FY2007 -08 $12.25 $ 9.00 15 FY2008-09 $12.75 $ 9.50 16 FY2009-10 $13.25 $10.00 17 FY2010-11 $14.00 $10.75 18 19 (fg) Rate schedule extra pickup of dumpsters at multifamily locations: Three dollars 20 $~.OO) per cubic yard. 21 (~) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris 22 shall be established and modified from time to time by the Director of Public Works based 23 upon private markets conditions. 24 Sec. 10-31. Violations and enforcement. 25 It is hereby declared unlawful and a violation of this Article for any person to do or permit 26 o be done any of the following acts or practices: 27 (1) To deposit or place in or cause to be deposited or placed in a trash container any 28 tTIaterials other than those defined in this Article as refuse. 29 (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and 30 n good state of repair, all refuse containers. \eA IOrdrnanceslRefuse, Garbage and Trash.doc - J3 - 1 (3) To use or supply garbage cans and refuse containers other than those defined and 2 provided for in this Article. 3 (4) To collect or permit to be collected by anyone, the garbage from any garbage 4 container other than by persons regularly employed by the City for that purpose unless 5 specifically authorized by the City Commission. 6 It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by 7 each provision of this Article. The performance on each day of any prohibited act or practice 8 shall constitute a separate offense, and shall be punishable as such. 9 Sees. 10-32-10-49. Reserved. 10 Section 3. Each and every other provision of Chapter 10, not herein specifically 11 amended shall remain in full force and effect as previously enacted. 12 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 13 same are hereby repealed. 14 Section 5. Should any section or provision of this ordinance or portion hereof, any 15 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 16 uch decision shall not affect the remainder of this ordinance. 17 Section 6. Authority is hereby granted to codify said ordinance. 18 Section 7. This ordinance shall become effective immediately upon its passage 19 d adoption. 20 FIRST READING this ~ day of 1IL 7" ,2008. 21 :\CA\OrdinancesIRefuse, Garbage and Trash.doc - 14- 1 SECOND, FINAL READING AND PASSAGE this ~- day of 2 ~.~ ,2008. 3 4 5 6 7 8 9 10 11 12 13 14 15 :7r';2:k 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 22 23 24 25 26 27 (CORPORATE SEAL) 28 \CA \Ordmances\Refuse. Garbage and Trash.doc - 15 - I , ~ 1~ g~I'~i: 1511::1 !~fIS~ ~ I- ~ s~ i.er~1 iJf"i" "I!te.e s e z .cwz 13 ,ll h . lis ilotiJA'j ,;! I.U aJ-o J :e 15-e GJ . ~i!Q C9 H U I enl ca ~I · CDA::u) ~ Ii e .ei.ll -II -8 i.e~.e 0 ~ m ~~ cA;C ;l!!s I~. -H I !i~ " "Ii.ll OW J::1iC ,,!l- l"!.!te i a -.l:~ ."H.i~i ....Qw C.I- II ~ ~il~ illtf !fi!l~ ~!~ ~ h >-~U) .B~_ ii ~~~ ~.II~ ~ - Ij~i. I!~tl~ "-io !~ it) 11"11 III~~; ~il~ll~ o _ bU...J -0 ii:;s ! Ii " hl!l- 'I. . ~ ,fl 5 Be,,!!.. I .- ...J U) UID ~ i .1 t . i. s 1 -e j ~~ :;:) ~l IIi I)~!il 111!i)) !!1J!il Q. I- J , , ~ ~ Z ).. i I ~ .cWz ~~ &t .512 I.::: u~o ~::) :is ,BD:i) ~ -IIi UJfiJ ~ j ! i f:E ~i5 I C:wo ~ f Saw ~U) I Iii ~! , , Is ~ II '. (BI:: l! J .e III f~ c! ois ~~ ; I -Q! i bU.J ,.... -:Ii 00 J c:r1i OlD ~u i H :;:) 8 I f Q. ~ [x. - CITY MANAGER'S REPORT ITEM C CITY OF BOYNTON BEACH 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 o April 15, 2008 March 31,2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) o July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) C8J July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19, 2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Ann ouncementslPresentations C8J City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Information on status of contract renewaVextension process for towing firms. EXPLANATION: Per request of a member of the City Commission at the July 1,2008 City Commission the following is a synopsis report on the project. The Tow Committee: comprised of Scott Blasie, Steve Weiser, Carol Doppler, Sgt. Anthony and myself have been reviewing models oftow contracts from other cities. Under our current contracts (which are under extension) towing services are provided on a rotation basis with approximately 7-8 tow companies. Some of the other models we are reviewing include franchising as well as a "hybrid" of both rotation and franchising. As we've gone through the review process we've tried to identify ways in which we can avoid some of the costs associated with our current contracts. Currently the City incurs a cost of approximately $85,000 annually for the towing of city fleet vehicles as well as the towing and storage of police directed tows (vehicles involved in investigations, homicides, etc.). In late May our procurement office (via the tow committee's direction) issued a request for an Addendum to our current vendors to see if they would be willing to modify their current contracts to no longer charge the city for towing our fleet vehicles or police directed tows. This is a common practice with many other municipalities. Apparently the Addendum request caused a concern amongst the vendors and it was perceived as though this was a requirement. That was certainly not the case nor our intention. We were attempting to gather information and feedback to bring forth to the Commission for direction on a new contract. In hindsignt, had we provided more information in our initial mailer perhaps these concerns could have been avoided. Our Purchasing Agent (Carol) has since issued a letter of explanation to the tow vendors. You should have copies of both the addendum and the follow up letter. We will be presenting a staff report to the Commission on 8/19/08 and have invited the tow companies to attend and provide their input as we continue to evaluate various contract options. A packet of letters to the tow companies explaining the process is attached. PROGRAM IMP ACT: Information Item unless the City Commission directs alternate process. FISCAL IMP ACT: Pending results of process. AL TERNA TIVES: Information Item unless the City Commission directs alternate process. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ t~ Department Head's Signature City Kfanager's Signature Assistant to City Manager ._._...____ Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC EXHIBIT A Exhibit A is a sample letter dated June 20, 2008 sent to the following towing companies: regarding RFQ "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM" RFQ# 007-2110-05/CJD CONTRACT PERIOD: MARCH 14,2008 TO MARCH 13,2009 . Blake's Towing & Transport . Beck's Towing & Recovery . Eastern Auto Body & Glass, Inc. . Emerald Towing Service . Scott's Towing & Transport, Inc. . Zuccala's Wrecker Service This letter states the RFQ expired on March 14, 2008 and we would like to extend the current RFQ to March 13,2009. It also stipulates that each company's original certificate of insurance be provided to our Risk Management Department at their earliest convenience, naming the City as additionally insured. EXHIBIT B Exhibit B was mailed and faxed to all of the above tow companies. In addition each of them received a telephone call from Carol Doppler, Purchasing Agent. The purpose of this correspondence was to clarify any confusion that took place with the original letter dated June 20, 2008. This letter states that the form attached to the letter the towing companies were asked to return to Procurement was for information purposes only and not considered a binding contract. It was only to be used for administrative intent to obtain their response and put it together with additional information for submission to the City Commission. The City Commission will address the vehicle towing issue at its August 19,2008 City Commission meeting. f , The City of EXHIBIT A Boynton Beach c Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ..~ i f t June 20, 2008 'b . yr (' t Y'$' ,;,i o r, f , . ~ e.,{/ Blake s Towmg & Transport ~ J /i / ') 1500 SW 30th Ave. #11 / "1?, I' . j'/t/& / Boynton Beach, FL 33426 /\ ~ \, , /\. \ ~ \ <X.... .. ' Attn: Jason Blakeley -1'>:> . \. U RE: RFQ "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM" RFQ# 007-2110-05/CJD CONTRACT PERIOD: MARCH 14,2008 TO MARCH 13, 2009 Dear Mr. Blakeley: The referenced RFQ has expired on March 14, 2008. We would like to extend the current RFQ to March 13, 2009. We appreciate your quality service, therefore, if you agree, the RFQ will be renewed until March 13,2009. As stipulated within the RFQ specifications, your company's original certificate of insurance is to be provided to our Risk Management Department at your earliest convenience, naming the City as additionally insured. Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. We look forward to continue working with you. If you should have any questions, please feel free to call Carol Doppler, CPPB, Purchasing Agent at (561) 742-6323, Sincerely, ~ Carol Doppler, CPPB Purchasing Agent /cjd c: Scott Blasie - Code Enforcement Craig Anthony - Police Steve Weiser - Fleet Manager File . . NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) , being first duly sworn, deposes and says that: 1) He is of , (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. < S (Signed) H Subscribed and sworn to before me (Title) This day of ,20 - My commission expires THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 1 .. The City of EXHIBIT B Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 Blake's Towing & Transport 1500 SW 30th Ave. #11. Boynton Beach, FL 33426 Attn: Jason Blakeley Dear Mr. Blakeley: It has come to my attention that the June 20, 2008 letter sent to your company regarding "RFQ Two Year Contract for Vehicle Towing Rotation", RFQ #007-211 0-05/CJD and the accompanying form may have caused some confusion regarding the City Administrations intent in sending those two documents. For purposes of clarification please consider the following: 1. The form which was attached to the letter and which we requested you return to Procurement Services was only intended for information purposes, is not to be considered a binding contract, and your response does not bind you to provide towing/storage services with the modifications outlined in the form. It was our administrative intent to obtain your response and package it with additional information for submission to the City Commission. 2. Regardless of whether you respond yes or no, there will be no change to the current tow rotation system, including fees and charges. By completing the form you are not authorizing the City to alter the manner in which you are compensated for participating in the tow rotation. You will not be expected to tow or store City vehicles and police confiscated evidence vehicles for free under your extended contract which is to terminate March 13, 2009. 3. The City Commission will address the vehicle towing issue at its August 19, 2008 City Commission meeting. The administrative staff overview which will be presented to the City Commission at that meeting will include optional tow contract models obtained from other municipalities, some of which include franchising of tow services. Staff will also provide the information gathered from the forms which accompanied the May 30, 2008 letter and any other information you would like to provide which could guide the City Commission in understanding and evaluating towing operations. The City Commission agenda deadline for the August 19th meeting is August 4, 2008. We would appreciate your written input before that date and any information received will be included in the Commission agenda package. We trust the foregoing clarifies that our intent was only to gather information to share with the City Commission and not to bind you to changes to the current tow rotation system. We regret any confusion that the form attached to the May 30,2008 letter may have caused. We look forward to your continued cooperation as well as your input as this important service is further evaluated. Please mark your calendar and plan to be in attendance at the August 19th meeting to share your point of view with the Commission. . Any questions please feel free to call me at (561) 742-6323. Sincerely, Carol Doppler, CPPB Purchasing Agent /cjd C: Lori LaVerriere - Assistant City Manager Scott Blasie- Code Administrator Craig Anthony - Police Steve Weiser- Fleet Manager. dIIfIIIIll : u __.~~''''(~~~ . [ TRANSMISSION VEPIFICAT;~N- REP~RT _ TH1E : 05/ '27 / 2088 ~ -': .1. -, ,- ._-- ._---~- -----------1 I ! DATE. TIME OS/27 17:15 I F A>< NO. /t'1Ar;\E 97347737 DURATlCil"j 00:00:48 I PAGE(S) 02 I RESULT iJV I I MODE 5T A~mARD I EC~1 -----~ >--~_.....:. IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM D 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 D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16, 2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) ~ July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations ~ City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Receive and discuss a summary financial analysis of the City's General Fund and the Utility Fund for the nine months ended June 30, 2008. EXPLANATION: As these two funds represent approximately 75% of the City's total budget, it is our intent to provide the Commission with a timely and regular update of their budget status for consideration and discussion, as appropriate. As funds are not spent or received equally during the year, all revenues and expenditures to date in FY 2008 are calculated as a percentage of the total annual budget and compared to this same point in time with FY 2007. Both funds display reduced actual revenues compared to estimated revenues through the same period in FY 2006-07. PROGRAM IMP ACT: Displays the use of budgeted funds by revenue sources and departmental program expenditures/expenses. FISCAL IMP ACT: Provides the Commission with an opportunity to review the source and use of our financial resources on an interim basis during the fiscal year as compared to our budgeted funds. ALFJJ:YO(E:~nlY' Department Head's Signature Financial Services Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPARTMENT MEMORANDUM TO: Kurt Bressner, City Manager FROM: Barry Atwood, Finance Director: . D' t ,l;JWJ,~ Tony Davidson, Assistant to the mance Irec or DATE: July 8, 2008 SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund) Nine Months Ended June 30, 2008 (75% of the Fiscal Year) We have summarized and are providing this analysis of actual revenues and expenditures I expenses of the City's General Fund and Utility Fund for the period ended June 30,2008. GENERAL FUND To date, revenues exceed expenditures by $3.1 million or a 72% decrease from $11.3 million at this same date last year. While this excess of revenues results from a majority (94%) of property taxes received in the first nine months of the year, it compares unfavorably with the 99% received at this same point last year. This translates to approximately $2 million delinquent property taxes this year whereas it was less than $400 thousand last year. Revenues - To date in FY 2008, General Fund revenues realized are $59.6 million (80%) of the $74.5 million annual revenue estimate. In total, this compares almost equally to FY 2007 revenues realized of $64.2 million (86%) of the $74.8 revenue budget. The following revenue sources account for more than the $4.6 million decrease to date: . Ad Valorem Taxes - $2 million . Franchise Fees - $1 million . Building Permits - $0.9 million . Interest Earnings - $0.9 million Expenditures - General Fund expenditures to date are $56.4 million (76%) of the $74.5 million expenditure appropriation. An increase of $3.5 million has occurred at this point in the fiscal year compared to FY 2007 where only 71 % of approximately the same total budget was expended. The major areas accounting for the $3.9 million increased expenditures include: . City Hall/General Administration - $2.9 million (transfers to other funds made earlier) . Police - $0.4 million . Facilities - $0.1 million . Library - $0.1 million The attached graphs and the Statement of Revenues and Expenditures provide greater details of this analysis. S:\Finance\Financial Reports\Quarterly\Memorandum - 9 Months June 30, 2008.doc UTILITY FUND Through June 30, Utility Fund expenses exceeded revenues by $1.7 million in FY 2008 compared to revenues exceeding expenses by $3.2 million last year. Utilities staff is projecting this $1.7 million nine-month deficit to increase to $5.0 million for the year. Revenues - To date in FY 2008, revenues of $20.5 million (62% of the $33.3 million annual estimate) decreased from 78% of the $30.3 million annual estimate in the same period in FY 2007. The 16% decrease in the annual revenue estimate was directly related to: . Existing water restrictions and water conservation and . Increase in delinquent accounts. Expenses - Utility Fund expenses this year are $22.2 million (67%) of the annual budget compared to $20.2 million (66%) in FY 2007; an increase of $2.1 million to date. This expense increase can be accounted for in the areas of . Water distribution and treatment - $0.5 million . Wastewater collection and treatment - $0.4 million . General administration - $0.6 million . Utilities engineering - $0.2 million . Debt service - $0.4 million The attached graphs and the Statement of Revenues and Expenses provide greater details of this analysis. S:\Finance\Financial Reports\Quarterly\Memorandum - 9 Months June 30, 2008.doc CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS Nine Months Ended June 30, 2008 ($ in thousands) GENERAL FUND Fiscal Period Period 0/0 REVENUES NET Change FY 2007 to June $64,265 $11 ,322 T olal Budget $74,840 % to date 86% FY 2008 to June $59,598 $3,190 -720/0 Total Budget $74,571 % to date 800/. Ceneral Fund Comparison Year to Oak ($ in thousandsl S70,OOO $64,265 _,000 $50.000 S40,OOO SJO,OOO S20,OOO S10,OOO $0 ------..-, IT 2007 to June FY 2008 to June o REVENUES o EXPENDITURES SRO.OOO Two Year Cumulative Reveoue Comparison S70,OO() Year to Date ($ in thousands) $60.000 $61,843 S50.000 $40.000 S30.000 S20.000 SIO,()(){J SO Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep -Cumm 07 Actual -lM-Cumm 08 Actual SRO,()()() Two Year Cumulative Expenditure S70,OOO Comparison Year to Da~ S60,()OO (5 in tbousands) $50,000 $40.000 S30,OOO S20.000 SIO,OOO SO Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep -Cumm 07 Actual -'-Cumm 08 Actual - -------------- S:\Finance\Financial Reports\Monthly\Monthly Budget Summary Report . JlU1 D8:Tablc & Graph - Sin~Je CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS Nine Months Ended June 30, 2008 ($ in thonundl) UTILITY FUND Fiscal Period Period 0/0 REVENUES EXPENSES TOTAL Change FY 2007 to June $23,598 520,169 53,429 Total Bndget S30,394 530,394 -/0 to date 78% 66% FY 2008 to June 520,499 $22,244 ($1,745) -151% Total Budget 533,313 533,313 % to date 62% 67% Utility Fuad CompllrUon Year to Date (SOl thoualUld.) $24.000 523,598 $23,000 S22,244 522,000 521,000 520,499 $20,169 $20,000 S19.ooo LC: FY 2007 to J_ FY 2008 to J_ I 0 REVENUES o EXPENSES I I -- I $40,000 Two Year Cumulative Revenue I Compardon Year to Date (S iD thouslmds) $30,963 )< S30,OOO 527.506 X 525.512 X 523.597 X S20.ooo $19,501 ~ )I( )I( )I( 5)1(499 516.094 )t( $13.744 )I( SIO.OOO 511.361)1( 511,276 59.030 )1(58.962 $6.736 )1($6,656 f.4,520 )t( $4 300 52 ' 52,ln SO Oct Nov Dee Jan Fob Mar Apr May JUD Jul Aug Sep x Cumm 07 Actual )I: Cumm 08 Actual I $40,000 Two Year Cumulative Expenditure Compllrisoa YeartuDale i S30,000 (S Ol lbo.....cIs) , S20.ooo , I I I I SIO.ooo ".050 I $6 ,878 , 5 0 I l_" Oct Nov Dee Jan Fob Mar Apr May Jun Jul Aug Sep [ '-""'Cumm 07 Actual -Cumm 08 Attu.. 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"~,,oo .. -0 0 ~Nt'--_ m ~~"~~:iE~O:~ = ~ V\" r-"_ .; >- .,. gMV\O a, :s Q 0'1 f"lt'--"OO"N f"'-"OO .. ON- "l I :;JV\"r-OOM -\0 f. ~ gf-" ., ., =a = ~ <<l .. . ~~ ~ m"'::> :a c ~ = ft = = .. '" "'~z .. .. .. .. ~ ~~~~~ c. = , c. = ... . .. ... . 0: " ~ ... " ~ Ci 1 ;; ;; u ;; ;; !Ez~~oogJ <:: <:: 1: <:: <:: 1: ~~~f25~ ;- .... :z: ,.. .. :z: ~ - .....:I(..l.,QQJ::;J Ii ~ m>"'z~o ~ I u.:lg~<.....:IrI) eIl~~ ~"'<<l~ in I>l <<l~ <<lU ;;> U :I:25'" ~..:; u...SJo ;>:;~g~~~:iE ~MMMMMMM = I>l CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES & EXPENDITURES - COMPARATIVE BUDGET TO ACTlJAL Nine Months Ended June 30, 2008 FY2008 FY 2007 CURRENT OCT-ruN VARIANCE BUDGET OCT -JUN VARIANCE REVENl'ES - 001 (General Fund) BUDGET REVENUE PERCENT REVENUE PERCENT AD VALOREM TAXES $38,151,700 $ 35,949,395 94% t $38,304,337 $ 37,932,558 99% FRANCHISE FEES 5,188,400 2,620,959 51% 4,388,800 3,645,566 83% UTILITY SERVICES TAXES 2,425,190 1,412,760 72% 1,957,750 1,389,494 71o,/lJ PUBLIC SERVICE TAXES 1,397,300 936,546 51% t 1,315,800 89],778 68O;() OCCUPATIONAL LICENSES 1,385,000 1,401,216 101% 1,509,000 1,310,477 87%) BUILDING PERMITS 5,244,930 3,547,218 68% t 5,595,800 4,441,649 79~/o OTHR LICENSES, FEES & PER 223,700 168,484 75% 220,800 179,077 81% OTHER FEDERAL REVENUE 2,500 32,192 1288% 2,500 581,11 ] 23244% STATE SHARED REVENUES 7,747,000 4,707,923 61% 7,688,857 4.985,448 05% SSTA TE GRANTS 0 () 0% 0 18,695 {)(;/o SHRD REV FROM OTHR LCL 942,000 117.605 12% . 945,000 362,538 38'% PYMTS IN LIEU OF TAXES 87,200 82,552 95% 130,200 87,502 6 7~~-o CHRGS-GENERAL GOVT 406,750 242,581 60% 461,700 251,871 550/0 PUBLIC SAFETY 3.482,600 2.727,407 78% t 3.]49,220 2,565,162 Rl%1 PHYSICAL ENVIRONMENT 0 4.005 0% 0 0 O~/O CUL TURE/RECREA nON 266,800 246,840 93% 269,800 248,806 92%) VIOLATIONS LOCAL ORD. 280,000 ] 23,062 44% t 273,000 153,609 56'10 INTEREST EARNINGS 1,519,525 781,910 51% ],258,000 ] ,670,532 133% RENTS AND ROYALTIES 209,500 168,921 81% 199,650 154,851 78%) SALE OF SURPLUS MA TER1AL 7,500 6,056 81% t 7,500 43,1 ]5 575% OTHER MISe. REVENUE 216,900 282,466 130% 325,900 98,988 30% TRANSFERS 5,386,800 4,037,600 75% 4,336,800 3,251,767 75r:-{) NONOPERATING SOURCES 0 0 0 2,500,000 0 0% Total Revenues 74,571,295 59,597,698 80% $74,840,414 $ 64,264,594 86% EXPENDITURES - 001 (General Fund) t CITY COMMISSION $ 474,152 $ 227,699 48% $ 555,805 $ 354,548 64(~'() CITY MANAGER 611,335 428,236 70% 606,278 448,345 74~,'o CITY HALUGEN, ADMIN 10,311,317 9,547,840 92% t 12,454,945 7.130,284 57~o PUBLIC AFFAIRS 185.891 112,184 60% 192,343 ] 03,489 54% SPECIAL EVENTS 0 5,0\6 0% 381,825 299,639 78%J CITY CLERK 558,205 361.122 65% 501,978 334,029 67%i FINANCIAL SERVICES 1,176,149 863,470 73% I,] ]2,313 817,973 74~f;) ITS 1,763,228 ] ,269,136 72% t 1,754,553 I, \84,676 68% GEOGRAPHICAL INFO SYSTEMS 4]1,207 298,16] 73% 483,068 328,441 68% HUMAN RESOURCES 9]6,809 587,046 64% 829,849 602,685 73~'o ORGANIZA nONAL DEVELOP 214,790 ]24,117 69% I 278,674 210,240 75%l COMMUNICATIONS 2,341,086 1,403,092 60% ] ,935,009 1.517,874 78~'~ CITY ATTORNEY 444,046 351,073 79% 491,772 325,819 66% POLICE 21,245,948 ]6,600,758 78% . 20,896,133 16,230,228 78% CODE COMPLIANCE ] ,024,201 777,971 76% 969,3]0 728,826 75O;() FIRE ]4,802,509 10,894,643 74% t 14,162,]65 J 0,565,277 75'% EMERGENCY MANAGEMENT 149,697 50.757 34% 236,600 70,537 30~'{) DEVELOPMENT 387,954 30],06] 78% 367,500 27],404 740;" BUILDING 2,432,725 1,700,905 70% 2,286,2\ ] 1,623,2] \ 71 ~/() ENGINEERING 9\9,]02 632,250 69% 972,387 637,355 660;0 PLANNING & ZONING ],039,390 739,268 7]% . 960,924 656,548 580/0 BUSINESS TAX 288,726 219,007 76% f 258,254 193,844 75%, NEIGHBORHOOD SERVICES ] 14.452 66.2\5 58% 295,5]5 \26,499 43% PUBLIC WORKS 294,523 221,340 75% 278,106 212,332 760/0 FACILITIES MANAGEMENT \,792,068 \ ,318,674 74% t 1,599,201 1,218,983 76% STREETS MAINTENANCE ] ,064,949 631.150 59% 1,129,143 697,134 62% ANIMAL CONTROL 185,049 125,319 68% 167,95\ ]23,196 73~i( LillRARY 2,490,441 1,664,599 67% . 2,283,730 1,471,859 M'h RECREATION 2,820,725 1,845,317 66% t 2,332,028 ] ,777,393 76~-;-. FORESTRY & GROUNDS 1,862,982 1.131,847 61% t 1,857,303 J ,181,427 64%, PARKS MAINTENANCE 2,247,639 1,555,238 68% 2,209,54 ] 1.512,297 68~/(I RESERVES 0 398 0% 0 (20,237) Oi~.O CRA REIMBURSABLE 0 352,850 0% . 0 6,809 O~O Total Expenditures 74,571,295 56,407,759 76% 74,840,414 52,942,964 71% Net Change 3,189,939 11.321,630 t - Favorable F\'(jS \ <1nancc percentage or amount compared to Fyri( . - Unfavorable FY08 variance percentage or amount compared to FY07 S:\Finance\Financial Reports\MontWy\Monthly Budget Summary Report ~ Jun 08001 Rev-Exp Sum :/8/2008 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES & EXPENSES - COMPARATIVE BUDGET TO ACTUAL Nine Months Ended June 30, 2008 FY 2008 FY 2007 CURRENT OCT-JUN VARIANCE BUDGET OCT-JUN VARIANCE REVENUES - 401 (Utility Fund) BUDGET REVENUE PERCENT REVENUE PERCENT CHRGS-GENERAL GOVT $ 50,000 $ 31,351 63% I $ 50,000 $ 413,353 827% PHYSICAL ENVIRONMENT 32,036,707 20,060,808 63% 28,985,200 19,870,214 69% INTEREST EARNINGS 1,100,000 294,033 27% I 1,212,310 746,335 62% SALE OF SURPLUS MATERIAL 5,000 2,619 52% 5,000 700 14% DONATIONS 0 0 0% 0 2,524,093 0010 GAIN/LOSS-SALE OF INVEST 0 7,645 0% 0 (57,056) 0% OTHER MISe. REVENUE 20,000 27,173 136% t 40,400 24,787 61% TRANSFERS 101,108 75,831 75% 101,108 75,831 75% Total Revenues 33,312,815 20,499,460 62'Y. $30,394,018 $23,598,257 78% EXPENDITURES - 401 (Utility Fund) t WATER DISTRIBUTION $ 1,472,215 $ 1,267,690 86% $ 1,435,61 I $ 1,091,179 76% PUBLIC WATER TREATMENT 6,159,042 4,376,171 71% 5,704,777 4,072,120 71% METER READING & SERVICES 1,210,417 730,844 60% t 1,259,773 797,523 63% W ASTEW ATER COLLECTION 1,825,751 1,335,630 73% I 1,740,675 1,167,330 67% W ASTEW A TER PUMPING ST AlliS 2,587,611 1,746,526 67% 2,615,408 1,736,621 66% SEWAGE TREATMENT 3,775,800 2,378,104 63% I 3,670,000 2,122,977 58% WATER QUALITY 523,507 406,654 78% 497,739 371,158 75% UTILITY CONSTRUCTION 0 (1,135) 0% 0 (10,339) 0% UTILITY ADMINISTRATION 1,977,065 1,318,900 67% t 2,054,343 1,406,479 68% GENERAL ADMINISTRATION 5,556,800 3,777,490 68% 4,426,533 3,164,707 71% TJTILITES ENGINEERING 1,196,367 875,983 73% I 1,005,364 635,873 63% 3TORMW A TER MAINTENANCE 928,047 520,032 56% 997,933 604,635 61% CUSTOMER RELATIONS 1,217,468 872,873 72% 1,120,605 783,555 70% DEBT SERVICE 4,882,725 2,667,581 55% t 3,865,257 2,217,326 57% RESERVES 0 (29,380) 0% 0 7,692 0% Total Expenses 33,312,815 22,243,963 67% 30,394,018 20,168,836 66% Net Change -1,744,503 3,429,421 t - Favorable FY08 variance percentage or amount compared to FY07 I - Unfavorable FY08 variance percentage or amount compared to FY07 XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM B.l AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office o April IS, 2008 March 31, 2008 (Noon) o June 17, 2008 June 2, 2008 (Noon) o May 6, 2008 ........ June 16,2008 (Noon) April 14, 2008 (Noon) l J July 1,2008 o May 20, 2008 May 5, 2008 (Noon) ~ July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda C8J Legal 0 0 ~ C1) Code Compliance & Legal Settlements Unfinished Business C'")- -...... 0 Public Hearing 0 ~ -.-< -<0 (""J"" t r-. \0 ""0 ::t> :Ja ~.~ ::II: U)..... _ 00 _ ." 2: RECOMMENDATION: Approve the attached amendment to Ordinance No. 07-034 amending Chap~6,""1'fCID "Water, Sewers and City Utilities" as it pertains to the payment of Water and Sewer Capital Facilities . rgei)~ t"IT~ EXPLANATION: The existing language in Section 26-34 of the ordinance allows for an interpretation that is ::e contrary to the original intent of the ordinance, which is to eliminate the capital facilities charge for outdoor seating at restaurants in part of the Community Redevelopment Area. PROGRAM IMPACT: The purpose of the proposed amendment is to correct and clarify the language such that it accurately reflects the original intent of the ordinance. FISCAL IMPACT: N/A ALTERNATIVES: Retain the existing ordinance language. ~!ru" ~~ City Manager's Signature Assistant to City Manager (!JWV Department of Development ~ City Attorney! Finance S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC ] ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 CHAPTER 26, "WATER, SEWERS AND CITY UTILITIES", 6 AMENDING SECTION 26-34, "CAPIT AL FACILITIES 7 CHARGES AND CONNECTION CHARGES", 8 PARAGRAPH (A), "CAPIT AL FACILITIES CHARGE 9 IMPOSED" , TO EXEMPT OUTDOOR RESTAURANT ]0 SEA TIN G FROM THE PAYMENT OF WATER AND ] ] SEWER CAPITAL FACILITIES CHARGES IN PART OF 12 THE COMMUNITY REDEVELOPMENT AREA; AND ] 3 PROVIDING FOR CONFLICTS, SEVERABILITY, ]4 CODIFICATION AND AN EFFECTIVE DATE. ] 5 J6 WHEREAS, the City Commission of the City of Boynton Beach approved Ordinance 17 07-034 to exempt outdoor restaurant seating from the payment of water and sewer capital ] 8 facilities charges; and 19 WHEREAS, the existing language allows for an interpretation that is contrary to the 20 original intent of Ordinance 07-034 which is to eliminate the capital facilities charge for outdo 2] seating at restaurants in part of the Community Redevelopment Area; and 22 WHEREAS, City Commission of the City of Boynton Beach deems it to be in the best 23 'nterest of the citizens and residents of the City amend Ordinance 07-034 to correct and clarify 24 he language so that it accurately reflects the original intent. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 ITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 lerein by this reference. 29 Section 2. That Chapter 26, entitled "Water, Sewers and City Utilities". Article II. 30 ection 26-34, is hereby amended in part by amending paragraph (A) as follows: ':\CA \Ordinances\Capital Facilities Charges (Outdoor Seating)07 1 508.doc I I I Sec. 26-34 Capital facilities charges and connection charges. 2 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives 3 water and/or sewage service from systems owned or controlled by the city, the owner 4 I of such property shall pay unto the city a water and/or sewage capital facilities charge 5 as follows: 6 (1) Water: 7 * * * 8 (2) Sewage 9 * * * 10 Said capital facilities charge is designed to cover the cost of existing or additional raw 11 water production facilities, water treatment facilities and water distribution facilities 12 together with sewage transmission facilities either existing or additions and 13 improvements thereto which will be utilized by the city to provide water and sewer 14 service to said property. Said capital facilities charge shall be paid or in part credited if 15 appropriate upon the issuance of the first building permit issued on the owner's property 16 and shall be computed based upon the rate in effect upon that date. 17 I A capital facilities charge shall not be assessed to restaurants for outdoor seating en 18 private property as long as said outdoor seating does not exceed 50% of the total 19 customer seating provided by the restaurant at that location. All outdoor seating at 20 I restaurants located within a mixed use project approved within a mixod use zoning 21 district allowing a mix of uses in the Community Redevelopment Area, or restaurants 22 located within a public building or the Public Usage Zoning District are exempt from the 23 capital facilities charge. 24 Under no circumstances shall any permanent or temporary seating be located partially or 25 completely within required parking spaces, easements, fire lanes, access aisles, or the 26 public right-of-way except with city approval and in accord with city regulations. 27 For the purposes of this ordinance, "outdoor seating" is defined as any customer seating 28 placed outside (exterior) of the fixed and permanent walls of the building where the 29 restaurant is located. 30 For properties located within the community redevelopment area that are assessed capital 31 facilities charges pursuant to this section, the capital facilities charge may be paid in full 32 prior to or at the time of building permit issuance or on an installment basis, without 33 interest, for an amortization period not to exceed eighteen (18) months from building 34 permit issuance. Should the installment payment option be utilized, charges will be billed 35 on a monthly basis, and the property shall only be credited for the value of that portion of 36 the capital facilities which has been paid. 37 38 * * * 39 40 Section 3. Each and every other provision of Chapter 26, not herein specifically :\CA \Ordinances\CapitaI Facilities Charges (Outdoor Seating)07 I 508.doc 2 ] amended shall remain in full force and effect as previously enacted. 2 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 3 are hereby repealed. 4 Section 5. Should any section or provision of this ordinance or portion hereof. any 5 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 6 decision shall not affect the remainder of this ordinance. 7 Section 6. Authority is hereby granted to codify said ordinance. 8 Section 7. This ordinance shall become effective immediately upon its passage and 9 adoption. 10 FIRST READING this day of ,2008. 11 ]2 SECOND, FINAL READING AND PASSAGE this _ day of ____ ,2008. 13 14 CITY OF BOYNTON BEACH. FLORIDA ] 5 ] 6 .._~~-_.- ] 7 Mayor - Jerry Taylor 18 ]9 20 Vice Mayor - Jose Rodriguez 21 22 23 Commissioner - Ronald Weiland 24 25 26 Commissioner - Woodrow L. Hay 27 28 29 Commissioner - Marlene Ross 30 TTEST: 31 ~J J~ 33 anet M. Prainito, CMC 34 ity Clerk 35 36 CORPORATE SEAL) 37 :\CA\Ordinances\Capital Facilities Charges (Outdoor Seating)07] 508.doc J . XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 3\, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) ~ July 1,2008 June 16,2008 (Noon) 0 May 20. 2008 May 5,2008 (Noon) I&1 July J 5, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda r8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Consideration of a proposed ordinance for first reading, providing for the City's joining the Executive Officer's Class of the Florida Retirement System EXPLANA TlON: The City Attorney's Office was requested to provide guidance as to the process and procedure for the City's joining the Executive Officer's Class of the Florida Retirement System (FRS) in order to provide a retirement benefit for the City's elected officials. This ordinance is the first step in the process towards entering the FRS. Prior to final adoption of the ordinance, however, it is necessary for the Commission to determine whether credit for past service would be purchased for the participants by the City or by the participants themselves. If this process is not completed within six (6) months from the date the ordinance was adopted, the City would be forever precluded from entering the Elected Officer's Class of the FRS in the future. PROGRAM IMPACT: Adoption of the ordinance would provide the City's elected officials with a retirement benefit through the FRS. FISCAL IMPACT: 3% of payroll of the City's elected official annually, plus the cost of past service if it is to be purchased by the City. Actual figures will be computed with the assistance of FRS once the City expresses its interest by adopting the ordinance on first reading. The FRS program states that the current employer contribution rate is 16.53% -- this would need to be an additional budgeted expense for fiscal 2008-09. Based on a payroll base for the entire Commission of $86,700 the annual cost would be: $14,400. FRS has not released the 2008-09 employer contribution rate yet. Staff estimates the rate will go to at least 18% or $15,600. AL TERNA TlVES: I. Create a retirement plan for the elected officials s'milar to the retirement plans the City has for its employees; 2. Take no action. -~ - .('/1/115, City Manager's Signature Department Head's Signature Assistant to City Manager Cj1~ City Attorney Department Name City Attorney / Finance SIBULLETIMFORMS\ACiENDA ITEM REQUEST FORM. DOC 1 ORDINANCE 08- 2 3 4 I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 PROVIDING FOR THE CITY'S PARTICIPATION IN THE FLORIDA 6 RETIREMENT SYSTEM PENSION PLAN FOR THE CITY'S 7 ELECTED OFFICIALS; CREATING A NEW ARTICLE X OF 8 CHAPTER 18 OF THE CITY CODE OF ORDINANCES, ENTITLED 9 "PENSION PLAN FOR ELECTED OFFICIALS," BY CREATING A 10 NEW ~18-240, ENTITLED "CREATION AND MAINTENANCE OF 11 PENSION BENEFITS;" AUTHORIZING THE APPROPRIATE CITY 12 OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE 13 THE INTENT OF THIS ORDINANCE; PROVIDING FOR 14 CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, the City of Boynton Beach ("City") currently offers no retirement benefits to 19 its elected officials; and 20 21 WHEREAS, the City desires to provide the Florida Retirement System retirement benefit 22 o the City's elected officials; and 23 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby finds 25 hat authorizing participation in the Florida Retirement System for its elected officials is in the best 26 'nterest of the citizens and residents of the City of Boynton Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 ITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 32 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida hereby 34 eclares it to be the policy and purpose of the City of Boynton Beach that its elected officials, 35 xcept those excluded by law, shall participate in the Florida Retirement System as authorized by 36 hapter 121, Florida Statutes, and that the benefits of the Florida Retirement System shall be 37 xtended to such elected officials on the basis of applicable State laws and amendments thereto, 38 neluding all applicable rules and regulations. 39 40 SECTION 3. The City Commission hereby creates a new Article X of Chapter 18 of the 41 ity Code of Ordinances, entitled "Pension Plan for Elected Officials," and further creates a new 42 18-240. entitled "Creation and Maintenance of Pension Benefits," as follows: 43 ICAIOrdinanceslPension Plan for Elected Officials.doc 1 2 CHAPTER 18 - PENSIONS AND RETIREMENT 3 4 .. . 5 6 ARTICLE X - PENSION PLAN FOR ELECTED OFFICIALS 7 8 Section 18-240. Creation and maintenance of pension benefits. 9 10 A pension and retirement system for elected officials of the City is hereby 11 established to provide retirement benefits by participating in the Florida Retirement 12 System as provided in Chapter 121, Florida Statutes, and that the benefits to the Florida 13 Retirement System shall be extended to such elected officials pursuant to the rules, 14 regulations and provisions of the Florida Retirement System, the applicable state laws and 15 amendments thereto. 16 17 SECTION 3. The City Manager is hereby authorized and directed to execute all 18 ecessary agreements and amendments thereto with the Administrator of the Florida Retirement 19 System for the purpose of extending the benefits provided by the Florida Retirement System to the 20 lected officials of the City of Boynton Beach which agreement shall provide for such methods of 21 dministration of the plan by the City of Boynton Beach as are found by the Administrator of the 22 lorida Retirement System to be necessary and proper, and shall be effective with respect to any 23 mployment or service covered by such agreement for services performed on or after the _ 24 ayof ,2008. 25 26 SECTION 4. The City of Boynton Beach shall make any and all necessary arrangement 27 o withhold from the salaries, wages or other compensation of the City's elected officials for the 28 urpose provided herein and shall be made in the amounts and at such times as may be required by 29 pplicable state laws or regulations, and shall be paid over' to the Administrator of the Florida 30 etirement System designated by said laws or regulations to receive such amounts at the times and 31 n the manner provided by law and regulation. 32 33 SECTION 5. It is further directed that there shall be appropriated from available funds 34 erived from the City of Boynton Beach such amounts and at such times as may be required to 35 ay promptly the contributions and assessments required of the City of Boynton Beach, Florida, as 36 mployer, by applicable State laws or regulations, which shall be paid over to the lawfully 37 esignated Administrator of the Florida Retirement System. 38 39 SECTION 6. The City of Boynton Beach, Florida shall keep such records and make such 40 eports as may be required by applicable State laws or regulations, and shall adhere to all laws and 41 egulations relating to the Florida Retirement System. 42 43 SECTION 7. The City of Boynton Beach, Florida, does hereby adopt the terms, 44 onditions, requirements, reservations, benefits, privileges, and other conditions thereunto 45 ppertaining, of the Florida Retirement System, for and on behalf of all elected officials to be 46 overed under the agreement. 2 1 2 3 SECTION 8. The City Manager, or his or her designee, is hereby designated as the 4 custodian of all sums \vithheld from the compensation of the employees and officials as authorized 5 herein and of the appropriated funds for the employer's contributions as provided herein, and 6 further designated the withholding and reporting agent and charged with the duty of maintaining 7 records for the purpose of this ordinance. 8 9 SECTION 9. Codification of this Ordinance is hereby authorized and directed. 10 11 SECTION 10. All ordinances or parts of ordinances in conflict herewith be. and 12 the same are, hereby repealed to the extent of such conflict. 13 14 SECTION 11. If any clause, section, other part or application of this ordinance is 15 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, 16 it shall not affect the validity of the remaining portions or applications of this ordinance. 17 18 SECTION 12. This Ordinance shall become effective immediately upon adoption. 19 20 FIRST READING, this _ day of ,2008. 21 SECOND, FINAL READING AND PASSAGE, this _ day of _ .2008. 22 23 CITY OF BOYNTON BEACH, FLORIDA 24 25 26 Mayor - Jerry Taylor 27 28 29 Vice Mayor - Jose Rodriguez 30 31 - 32 Commissioner - Ronald Weiland 33 34 35 Commissioner - Woodrow L. Hay 36 TTEST: 37 38 Commissioner - Marlene Ross 39 40 anet M. Prainito, CMC 41 ity Clerk 42 43 44 CORPORATE SEAL) 3 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Mayor Jerry Taylor Members of the City Commission CC: Kurt Bressner, City Manager E. Barrett Atwood, Sr., Director of Financial Services FROM: James A. Cherof, City Attomey ~ Julie Klahr, Assistant City Attomey DATE: May 7, 2008 RE: Florida Retirement System - Elected Officer Class We have been asked to provide guidance on the City of Boynton Beach ("City") joining the Elected Officer class of the Florida Retirement System. This memorandum will attempt to explain the implications of joining the Florida Retirement System, the details of the Elected Officer class, and the mechanics of what the City must do in order to join the program. INTRODUCTION The Florida Retirement System ("FRS") has four (4) general classes with which the City could participate, each with a distinctive multiplier I : (1) The Elected Officer class which has a multiplier of 3%; (2) The Regular class (which includes general employees) with a multiplier of 1.6%; (3) Police with a 3% multiplier; and (4) Fire with a 3% multiplier. Under the FRS, since the City's elected officials are salaried and do not receive compensation on a per meeting or per diem basis, the City may enroll in the Elected Officer class without participation in any other class. Since the City already has established non-FRS pension plans for its general, police and fire employees, this memorandum only addresses joining the Elected Officer class. How does the City join the FRS Elected Officer class? The process to actually commence participation, however, is relatively simple. The City must adopt a resolution or ordinance expressing its intent to participate in the Elected Officer class of the FRS and submit it to the Division of Retirement. A draft of a proposed ordinance is attached for your review as Exhibit "A". The City then has six (6) months from the date of joining FRS to 1 The multiplier is the percentage factor by which average compensation is multiplied as part of the formula to calculate the monthly retirement benefit. BGynton Beach FRS- Elected Oflicer Class rvlay 7. 2008 Page 2 complete and submit all of the required paperwork, agreements and documentation. It is imperative to note that if the City initiates this process and fails to submit the required documentation within this six (6) month time frame, the City will be precluded from ever participating in the Elected Officer class in the future unless the legislature opens a window to a/Jow such participation in thefuture. The additional documentation required includes the adoption of a second resolution or ordinance which designates all of the elected positions of the City as participating members for inclusion in the class of retirees within the Elected Officer class, and gives direction as to other decisions regarding whether or not to purchase past service, which is discussed in further detail below. The required agreements would also require City approval and authorization. See Exhibit "B." The initial authorizing ordinance authorizes City Staff to complete such documentation on the City's behalf. Once all of the required documents are submitted, the elected officers are considered enrolled the first of the month following the FRS's receipt of all enrolling documentation. Can the City choose to cancel it's participation in FRS? The City's decision to join FRS is irrevocable. Once the City joins the FRS as a contributing employer, the City may not withdraw from the program without legislative authorization. Legislative authorization for withdrawal has only occurred one time in the past. It is not anticipated or guaranteed that it will ever occur again. Therefore, the City must be sure that it desires to participate. Once participation commences, however, the contribution rates, vesting schedules and all other aspects of the plan are subject to the legislative control and administration of the State Legislature and Division of Retirement. The City's only role would be the continued funding of the benefits on behalf of the participants and periodically completing the required paperwork to the Division of Retirement. Mayan individual commissioner choose not to participate? Elected officers are deemed to participate in the Elected Officer class once the City joins the FRS. However, an elected official may elect to withdraw from participation in the FRS within six (6) months of the City's enrollment in FRS, or within six (6) months upon assuming office. Such election shall be made in vvriting and filed with both the FRS and the City. If the election to opt out of participation in the Elected Officer class is not made, the elected official will participate in FRS by default. Mayan elected officer who chooses to withdraw from FRS elect to participate at a later date'? If the elected officer chooses to withdraw, they may elect to rejoin at a later date upon written request to the FRS and the City. During the period that the elected official was withdrawn. am contributions made by the City on behalf of the elected official prior to their withdrawal \vill be refunded to the City by the FRS, unless the elected officer has vested an interest in such funds under S\CAIMEMORANDUMIComm - Florida Retirement System - Elected Officers' Class 2doc Boynton Beach \ FRS - Elected Officer Class May 7, 2008 Page 3 the FRS, in which case the elected officer will receive a retirement benefit in accordance with the provisions of the FRS. The withdrawn elected official who later rejoins will only receive credit for the time the elected official had been withdrawn upon payment to the FRS of contributions by the City for such period of withdrawal on the elected official's behalf. This payment is made in accordance with the contribution requirements under the FRS. At this time, there are no employee contributions required and the elected official will not be required to make any contributions to reJOIn. What is the cost of participating in the Elected Officer class? The current published employer contribution rate for the Elected Officer class is 16.53% of the Commission payroll. This rate is effective through June 30, 2008 and is reviewed and adjusted annually by the State. There currently is no "employee" contribution required to be made by the elected official. How long must an elected official participate in order to receive a retirement benefit? Eligibility for normal retirement occurs when the member has six (6) years of creditable service and is 62 years of age or has thirty (30) years of service regardless of age. There is a six (6) year vesting schedule if the member participates in the Pension Plan option (discussed more fully below). However, if the member participates in the Investment Plan option (discussed below) vesting is only one (1) year. When a participant is considered to have "vested" they are guaranteed to receive a future retirement benefit upon completion of the required years of creditable service, even though they may have terminated "employment" before reaching their normal or early retirement date. What are the differences between the "Investment Plan" and the "Pension Plan" options? While participating in the Elected Officer class of FRS, members have the option of participating in either of two investment options referred to as the "Pension Plan" and the "Investment Plan." FRS is the best party to explain each of these options in great detail and how they differ, however, more detailed materials are attached hereto as Exhibit "C" which further explain each option. At this time, however, suffice it to say that the Pension Plan operates like a defined benefit plan which pays a regular payment on a monthly basis during retirement and would be beneficial for persons who either have significant FRS service or intend to stay within the FRS system long enough to retire from an FRS employer. The Investment Plan option is a defined contribution plan, similar to a 401 (k), in which monies are invested and the retiree determines how much to withdraw from the account and when. It would be more beneficial to individuals who may not stay in the FRS for the six (6) years necessary to vest in the Pension Plan. Which option to select is an individual decision to be made by each member. Additional information is available from the FRS which will assist each person in comparing these two options once the City has joined the system. What if I am already enrolled in FRS due to my other employment? In the event that an elected official is, or at any time becomes, employed by another agency that participates in FRS while participating in the Elected Officer class, the elected official would be S\CAIMEMORANDUM\Comm - Florida Retirement System - Elected Officers' Class 2.doc Boynton Beach FRS - Elected Officer Class May 7, 2008 Page 4 considered to be dually employed. Under this circumstance. the elected official may elect membership in either plan, but cannot be a member in both at the same time. The elected official has six (6) months from the date of becoming dually employed in which to make this election. If they fail to make this election within the prescribed time period, they will be considered a member of the Elected Officer class by default. An FRS member who is dually employed can receive pension credit for the service they provide in both agencies with which he or she participates, but cannot belong to two plans simultaneously. For those elected officials who are otherwise eligible for the Senior Management Service Class (i.e., serve as a member of management for another agency that participates in the FRS), the elected officer may elect to participate in the Senior Management Service Class instead of the Elected Officer class. This is beneficial in only a small number of cases. The FRS would assist in whether this would be applicable for any particular member. What is the retirement benefit that an elected official may receive? A retirement benefit is a function of the salary the elected officer receives multiplied by the number of years of creditable service, times the applicable multiplier (as state above, for the Elected Officer class the multiplier is 3%). For this reason, an elected official may desire that past service credit be purchased in order to increase their benefit. Eligible past service credit ineludes the years or months of past service, prior service, military service, out-of-state or non-FRS in-state service allowable under the FRS system. Who pays to purchase past service credit? Upon deciding whether to participate in the Elected Officer class, the City must decide: 1) whether to permit the purchase of past service; and 2) whether such past service will be purchased by the City or the elected officials themselves. If the City elects not to purchase past service for the elected officers, each member may purchase their own eligible past service once enrolled with FRS. If the City purchases past service on behalf of the elected officers, it must do so equally for each member. For example, if one elected official has 10 years past service, one has 5 years and one had 1 year and the City decided to purchase up to 5 years of past service, 5 years would be purchased for those that had at least 5 years of creditable service and 1 year would be purchased for the one elected official that had only 1 year of service. That elected official that had a total of 10 years 01 prior service would be able to purchase the additional 5 years of service that they had served on their own. Creditable service can only be purchased if the time had actually been served. In another example. if the City decided to buy up to 6 years of service, they would purchase 6 years for the elected official that had 10 years of service, 5 years for the elected official who only had 5 years of service. and 1 year for the elected official who only had 1 year of service. Again, the elected official who SICAIMEMORANDUMIComm - Florida Retirement System - Elected Officers' Class 2doc Boynton Beach \ FRS - Elected Officer Class May 7, 2008 Page 5 had 10 years of service would be eligible to purchase the additional 4 years that the City did not purchase. How much will it cost to purchase past service credit? Past service is actually purchased at the contribution rate for the Regular Class that was in effect at the time the creditable service was earned, multiplied by the annual interest rate compounded annually. It is then necessary to upgrade the past service from the Regular class to the Elected Officer class. This is a confusing calculation, and is the same regardless of whether the service is purchased by the member or the City. In order to facilitate a more in depth determination by the Commission regarding the cost of purchasing past service and who should bear such cost, the FRS will calculate the cost of such purchase once the City submits the appropriate census information to them for each of the City's elected officials. CONCLUSION The City must first decide whether or not it wants to participate in the FRS Elected Officer class. If the City elects to participate, the City must then 1) adopt an ordinance; 2) execute all of the required agreements; 3) determine whether or not it desires to pay for past service; 4) if so, determine how much past service should be purchased by the City; and 5) adopt a final ordinance or resolution which designates the positions to include as well as direction to the FRS regarding the purchase of past service. The decision about whether or not to purchase past service credit will apply to all seated elected officials, as well as any future elected officials that may come into office. Our office stands ready to assist further in this decision and answer any questions you may have. If the City elects to join the Elected Officer class of the FRS, we will prepare the appropriate resolutions or ordinances for the Commission's consideration and assist City Staff to complete the required documentation for submission to FRS. S\CA\MEMORANDUM\Comm - Florida Retirement System - Elected Officers' Class 2doc 1 ORDINA.NCE 08- 2 3 4 I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 PROVIDING FOR THE CITY'S PARTICIPATION IN THE FLORIDA 6 RETIREMENT SYSTEM PENSION PLAN FOR THE CITY'S 7 ELECTED OFFICIALS; CREA TING A NEW ARTICLE X OF 8 CHAPTER 18 OF THE CITY CODE OF ORDINANCES, ENTITLED 9 "PENSION PLAN FOR ELECTED OFFICIALS," BY CREATING A 10 NEW ~18-240, ENTITLED "CREA TION AND MAINTENANCE OF 11 PENSION BENEFITS;" AUTHORIZING THE APPROPRIATE CITY 12 OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE 13 THE INTENT OF THIS ORDINANCE; PROVIDING FOR 14 CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR 15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 16 17 18 WHEREAS, the City of Boynton Beach ("City") currently offers no retirement benefits to 19 its elected officials; and 20 21 WHEREAS, the City desires to provide the Florida Retirement System retirement benefit to 22 the City's elected officials; and 23 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby finds that 25 authorizing participation in the Florida Retirement System for its elected officials is in the best 26 interest of the citizens and residents of the City of Boynton Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 32 33 SECTION 2. The City Commission of the City of Boynton Beach. Florida hereby declares 34 it to be the policy and purpose of the City of Boynton Beach that its elected officials, except those 35 exeluded by law, shall participate in the Florida Retirement System as authorized by Chapter 121. 36 Florida Statutes, and that the benefits of the Florida Retirement System shall be extended to such 37 elected officials on the basis of applicable State laws and amendments thereto, including all 38 applicable rules and regulations. 39 40 SECTION 3. The City Commission hereby creates a new Article X of Chapter 18 01 the 41 City Code of Ordinances, entitled "Pension Plan for Elected Ot1icials," and further creates a nc\\ 42 ~ 18-240, entitled "Creation and Maintenance of Pension Benefits." as follows: 43 S'C'"OrdinancesPenslon Pl,m for Ekcled Offlclals.doc I- e 1_ " I /1 1 2 CHAPTER 18 - PENSIONS AND RETIREMENT 3 4 .. . 5 6 ARTICLE X - PENSION PLAN FOR ELECTED OFFICIALS 7 8 Section 18-240. Creation and maintenance of pension benefits. 9 10 A pension and retirement system for elected officials of the City is hereby 11 established to provide retirement benefits by participating in the Florida Retirement System 12 as provided in Chapter 121 , Florida Statutes, and that the benefits to the Florida Retirement 13 System shall be extended to such elected officials pursuant to the rules, regulations and 14 provisions of the Florida Retirement System, the applicable state laws and amendments 15 thereto. 16 17 SECTION 3. The City Manager is hereby authorized and directed to execute all necessary 18 agreements and amendments thereto with the Administrator of the Florida Retirement System for 19 the purpose of extending the benefits provided by the Florida Retirement System to the elected 20 officials of the City of Boynton Beach which agreement shall provide for such methods of 21 administration of the plan by the City of Boynton Beach as are found by the Administrator of the 22 Florida Retirement System to be necessary and proper, and shall be effective with respect to any 23 employment or service covered by such agreement for services performed on or after the _ day 24 of ,2008. 25 26 SECTION 4. The City of Boynton Beach shall make any and all necessary arrangement to 27 withhold from the salaries, wages or other compensation of the City's elected officials for the 28 purpose provided herein and shall be made in the amounts and at such times as may be required by 29 applicable state laws or regulations, and shall be paid over to the Administrator of the Florida 30 Retirement System designated by said laws or regulations to receive such amounts at the times and 31 in the manner provided by law and regulation. 32 33 SECTION 5. It is further directed that there shall be appropriated from available funds 34 derived from the City of Boynton Beach such amounts and at such times as may be required to pay 35 promptly the contributions and assessments required of the City of Boynton Beach, Florida, as 36 employer, by applicable State laws or regulations, which shall be paid over to the lawfully 37 designated Administrator of the Florida Retirement System. 38 39 SECTION 6. The City of Boynton Beach, Florida shall keep such records and make such 40 reports as may be required by applicable State laws or regulations, and shall adhere to all laws and 41 regulations relating to the Florida Retirement System. 42 43 SECTION 7. The City of Boynton Beach, Florida, does hereby adopt the terms, 44 conditions. requirements, reservations, benefits, privileges, and other conditions thereunto 45 appertaining, of the Florida Retirement System, for and on behalf of all elected officials to be 46 covered under the agreement. 2 1 2 3 SECTION 8. The City Manager, or his or her designee. is hereby designated as the 4 custodian of all sums withheld from the compensation of the employees and officials as authorized 5 herein and of the appropriated funds for the employer's contributions as provided herein, and further 6 designated the withholding and reporting agent and charged with the duty of maintaining records for 7 the purpose of this ordinance. 8 9 SECTION 9. Codification of this Ordinance is hereby authorized and directed. 10 11 SECTION 10. All ordinances or parts of ordinances in conflict herewith be, and the 12 same are, hereby repealed to the extent of such conflict. 13 14 SECTION 11. If any clause, section, other part or application of this ordinance IS 15 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application. 1l 16 shall not affect the validity of the remaining portions or applications of this ordinance. 17 18 SECTION 12. This Ordinance shall become effective immediately upon adoption. 19 20 FIRST READING, this _ day of ,2008. 21 SECOND, FINAL READING AND PASSAGE, this __ day of .2008. 22 23 CITY OF BOYNTON BEACH, FLORIDA 24 25 26 Mayor - Jerry Taylor 27 28 29 Vice Mayor - Jose Rodriguez 30 31 32 Commissioner - Ronald Weiland 33 34 35 Commissioner - Woodrow L. Hay 36 ATTEST: 37 .--~ 38 Commissioner - Marlene Ross 39 40 Janet M. Prainito. CMC 41 City Clerk 42 43 44 (CORPORA TE SEAL) 3 Governor Charlie Crist ,.\REC ..J Secretary Linda H. S omh "'!'o;. ....... Division of Retirement r'" Bureau of Enrollment and Contributions Post Office Box 9000 DEPAR1MENTOF MANAGEMThTf Taliahassee, Florida 32315-90C10 C!......., .' 1'- 8504888837 TEl SERVICES " I r.. I. i-V 8i73i7J675 TOLL FREE --.'1\11--. VI 'VI 'VI'dms.myflori dacom December 7,2007 RECEIVED MS LYNN SWANSON ^ (' 0 CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD C\TY ATTORNEY BOYNTON BEACH FL 33435 Dear Ms. Lynn Swanson: This is in response to your request regarding joining the Florida Retirement System (FRS) for the elected officials of the City of Boynton Beach (City). Although this letter provides information for joining the FRS, Chapter 121, Florida Statutes (F.S.), and Chapter 60S, Florida Administrative Code (FAC.), remain the final authority. In order for the City to join the FRS, the City must submit to the Division of Retirement (Division): . two original signed agreements . signed resolution or ordinance . contribution requirement form . election ballots, if applicable . DPR-100s (salary certification forms), if applicable . list of all current employees All properly completed forms must be returned to the Division 15 days prior to the month of the effective join date. Enclosed is the FRS Enrollment Process Worksheet with a list of all required documents. After the City joins the FRS, each employee of the covered group filling a full-time or part-time regularly established position will be a compulsory member of the FRS, pursuant to Rule 60S-1.004(4)(b), (Florida Administrative Code) FAC. For membership requirements, please refer to Rule 60S-1.007, FAC., and review Rule 60S-6.001(51) and (62), F.A.C for the definitions of regularly established and temporary positions. If you have any questions please call Sarah Carr, in the Enrollments Section. The Florida Administrative Code is available online at http://fac.dos.state.f1.us and the Florida Statutes are available online at htto://vvww.flsenate.oov. Sincerely, c'., (. "'\ ( .~.lCL-h C G~L~'C Sarah E. Carr Benefits Specialist SEC Enclosures 1:" x//.!;, ;<", ; T \. ,> --~ ,'/ , , / ", . / ~._,~ ( "I Oi / I"._~ I ! ../ FLORIDA RETIREMENT SYSTEM ENROLLMENT PROCESS WORKSHEET THIS DOCUMENT, AND ALL REQUESTED INFORMATION, MUST BE COMPLETED AND RETURNED PRIOR TO JOINING. GENERAL INFORMATION Current Retirement Plan Please include, in a cover letter, explaining what will become of your current retirement plan(s). If you do not have a current retirement plan initial here List of current employees Establishing Document This document was used to create your organization Federal Identification Number - Contact Information Person responsible for reporting: Address: -~----_._._---_._---~.._- Telephone Number: ----~_._. Fax Number: ----_.__.._~ Email Address: ---------- ---~._.._- - -_._..~,----- I. . certify that the above information is accurate print name Signature Date ENROLLMENT PROCESS WORKSHEET GENERAL INFORMATION PAGE 1 of 1 CITY OF BOYNTON BEACH STATE- CITY OF BOYNTON BEACH AGREEMENT NO. The Department of Management Services, Division of Retirement, of the State of Florida, under the authority of Chapter 121, Florida Statutes, and City of Boynton Beach of the State of Florida, in order to extend to elected officials of said City of Boynton Beach (except such as are hereinafter excluded) the benefits of the Florida Retirement System established by Chapter 121, Florida Statutes, hereby agree as follows 1. Definitions For the purpose of the Agreement- (a) The definitions, words and phrases as set out in Section 121.021, Florida Statutes, shall have the respective meanings set forth therein. 2. Services Covered The agreement includes and covers all services performed by elected officials of this City of Boynton Beach except any service, position, employee, or official excluded by Chapter 121, Florida Statutes, the rules and regulations of the Florida Retirement System, or resolution/ordinance No. adopted by the City of Boynton Beach on the day of 200 - 3. Contributions by Employees: The City of Boynton Beach agrees to impose upon its employees covered by this Agreement the required contributions with respect to wages if such services constituted employment within the meaning of Chapter 121, Florida Statutes, and to deduct the amount of such required contributions from the wages as and when paid. Contributions so collected shall be paid to the Administrator of the Florida Retirement System in partial discharge of the liability of said City of Boynton Beach, said payments to be made in accordance with rules and regulations relating to the Florida Retirement System. It is agreed and understood that the failure of said City of Boynton Beach to deduct such contributions shall not relieve it of liability therefore. 4. Contributions by the City of Boynton Beach: (a) The City of Boynton Beach represents that it has duly and legally adopted, and that there is now in full force and effect, a resolution/ordinance requiring an appropriation from available funds in its general or special funds derived from ad valorem tax or other sources, which shall be in an amount not less than the sums withheld as the contributions of employees covered by the Agreement, the sum to equal the total amount due from said City of Boynton Beach (employer's and employee's contributions) under applicable provisions of Chapter 121, Florida Statutes. (b) As assurance of its ability to pay its share of the contributions which will become due and payable to the Administrator under the terms of this Agreement and as assurance that said contributions will be adequate, the City of Boynton Beach hereby obligates itself to maintain, and represents that at all times hereafter there will be maintained, in the appropriation provided in paragraph 4.(a), above, a sum fully sufficient to pay its share of the contributions: and that same (together with contributions deducted from salaries, wages, etc, of employees) will.be paid promptly when due. 5. Reports-Compliance and Regulations: The City of Boynton Beach agrees that it will make such reports, in such form and containing such information, as the Administrator may require. The City of Boynton Beach further agrees that it will comply with all provisions of Chapter 121, Florida Statutes, and with all rules and regulations adopted and promulgated by the Administrator of the Florida Retirement system necessary to carry out the purposes of Chapter 121, Florida Statutes. It is further understood and agreed that late payments come under provisions of Section 121.061, paragraphs (2) (a), (b) and (c), Florida Statutes. PAGE 1 of 2 AGREEMENT WITHOUT PAST SERVICE 6. Termination Once this agreement IS made and approved It may not be revoked and all present elected officials electing coverage under this agreement and all future elected officials shall be compulsory members of the Ficrld a Retirement System This Agreement shall be effective as of the _ day of_ ,200 Approved this day of ..- .200 - Director of the Division of Retirement Clerk (SEAL) CITY OF BOYNTON BEACH By Title: PAGE2of2 .~GREEMENT WITHOUT PAST SERVICE CONTRIBUTION REQUIREMENTS When an employer purchases past service for their employees, all ballots and DPR-100s (salary certification forms) must be submitted to the Division no later than the 15th of the month prior to the effective join date (an example would be if an agency is joining for July 1 st, then all forms must be submitted no later than June 15th). If the required past service documentation is submitted after the 15th then the FRS join date will be revised according Iy. Florida Retirement System (FRS) employers shall pay retirement contributions to the Division of Retirement (Division) by electronic funds transfer. Retirement contributions are due no later than the 5th working day of the month immediately following the month that the payroll ends (an example would be the July payroll is due the 5th working day in August). Along with the retirement contributions, employers must submit the retirement file and contribution summary. Employer contributions or retirement file received after the 5th working day of the month shall be considered late and the employer shall be assessed a penalty of 1 percent of the total contributions due. Employers with employees in the FRS Investment Plan have an additional incentive to report retirement contributions on time, since the employees' retirement benefits are based on the contributions made to their Investment Plan account, plus any gains or losses. Please be aware that Investment Plan contributions are not sent to the employee's account until the contributions are actually paid; therefore a late submission of contributions may negatively affect those employees. In addition to the 1 percent delinquent fee for reporting late contributions, the employer will also be charged loss of earnings on Investment Plan contributions. By signing, I have read and understand the above requirements for FRS employer Contributions. Authorized Personnel Date CONTRIBUTION REQUIREMENTS PAGE 1 OF 1 CITY OF BOYNTON BEACH JOINING PACKET WITH PAST SERVICE Since the City of Boynton Beach (City) does not have an existing retirement plan, past service can be purchased by either City or an individual employee. starting with the most recent service When the employer purchases past service for its employees, the same time period must be purchased for al eligible employees. If the City is interested in purchasing past service for Its employees, please complete the enclosed Form DPR-1 00, Certification of Salaries, for each employee filling a full-time or part-time regularly established position If your agency decides to purchase past service ail DPR 100s must be received by the Division no later than 15 days after the City joining date Past service is calculated by the contribution rate in effect at the time the service was performed multiplied by the salary earned, plus 6.5 percent interest compounded annually, pursuant to Rule 60S- 3.004(1 )(b), F.A.C. If the City does not purchase past service for its employees, each interested employee may contact the Division after the City's joining effective date. If an employee is purchasing the past service, all service must be paid prior to the employee joining the FRS Investment Plan STATE- CITY OF BOYNTON BEACH AGREEMENT NO. The Department of Management Services, Division of Retirement, of the State of Florida, under the authority of Chapter 121, Florida Statutes, and City of Boynton Beach of the State of Florida, in order to extend to elected officials of said City of Boynton Beach (except such as are hereinafter excluded) the benefits of the Florida Retirement System established by Chapter 121, Florida Statutes, hereby agree as follows: 1. Definitions For the purpose of the Agreement- (a) The definitions, words and phrases as set out in Section 121.021, Florida Statutes, shall have the respective meanings set forth therein. 2. Services Covered: The agreement includes and covers all services performed by elected officials of this City of Boynton Beach except any service, position, employee, or official excluded by Chapter 121, Florida Statutes, the rules and regulations of the Florida Retirement System, or resolution/ordinance No. adopted by the City of Boynton Beach on the day of 200 - 3. Contributions by Employees: The City of Boynton Beach agrees to impose upon its employees covered by this Agreement the required contributions with respect to wages if such services constituted employment within the meaning of Chapter 121, Florida Statutes, and to deduct the amount of such required contributions from the wages as and when paid. Contributions so collected shall be paid to the Administrator of the Florida Retirement System in partial discharge of the liability of said City of Boynton Beach, said payments to be made in accordance with rules and regulations relating to the Florida Retirement System. It is agreed and understood that the failure of sa id City of Boynton Beach to deduct such contributions shall not relieve it of liability therefore. 4. Contributions by the City of Boynton Beach: (a) The City of Boynton Beach represents that it has duly and legally adopted, and that there is now in full force and effect, a resolution/ordinance requiring an appropriation from available funds in its general or special funds derived from ad valorem tax or other sources, which shall be in an amount not less than the sums withheld as the contributions of employees covered by the Agreement, the sum to equal the total amount due from said City of Boynton Beach (employer's and employee's contributions) under applicable provisions of Chapter 121, Florida Statutes. (b) As assurance of its ability to pay its share of the contributions which will become due and payable to the Administrator under the terms of this Agreement and as assurance that said contributions will be adequate, the City of Boynton Beach hereby obligates itself to maintain, and represents that at all times hereafter there will be maintained, in the appropriation provided in paragraph 4.(a), above, a sum fully sufficient to pay its share of the contributions: and that same (together with contributions deducted from salaries, wages, etc., of employees) will be paid promptly when due. 5. Reports-Compliance and Regulations: The City of Boynton Beach agrees that it will make such reports, in such form and containing such information, as the Administrator may require. The City of Boynton Beach further agrees that it will comply with all provisions of Chapter 121, Florida Statutes, and with all rules and regulations adopted and promulgated by the Administrator of the Florida Retirement system necessary to carry out the purposes of Chapter 121, Florida Statutes. It is further understood and agreed that late payments come under provisions of Section 121.061, paragraphs (2) (a), (b) and (c), Florida Statutes. PAGE 1 of 2 AGREEMENT WITH PAST SERVICE 6 Termination Once this agreement is made and approved !t may not be revoked and ali present elected officials electlrlg coverage under this agreement and all future elected officials shall be compulsory :rembers of the :::i(nda Retirement System 7 Past Service of Covered Group The City of Boynton Beach hereby elects and agrees to provide benefits for past service from to , for its elected officials covered by this Agreement. who were in its employ on , in accordance with provisions of Chapter 121, Florida Statutes The cost to purchase past service credit is estimated to be which the City of Boynton Beach agrees to pay in the following manner: upon execution of the Agreement, the remainder to be paid in _equal annual installments of each, the first one of said installments shall be paid on or before June 30, and a like installment on each June 30th thereafter until the total cost is paid. This payment includes 6 1/2% interest compounded annually on the unpaid balance. It is further agreed that if an application for retirement benefits or a request for refund is received based in part on past service years, that the total amount of payments for past service credit to be refunded to said employee, shall be made from the payments made by said City of Boynton Beach and if the payments of the City of Boynton Beach are insufficient at the time said benefits or refunds are requested or are due to be paid, the City of Boynto n Beach will be required to make an additional payment sufficient to meet these demands prior to the processing of the request or warrant. This will be applicable until the total past service liability has been paid in full. It is understood and agreed that the above described method for liquidating past service liability of the City of Boynton Beach does not preclude payment in part or in full of any amounts prior to the scheduled due dates. The City of Boynton Beach by making this election shall have no right at any time in the future to purchase additional past service credit for its elected officials. Such statement of intent shall be binding and irrevocable effective with the date of coverage in the Florida Retirement System. This Agreement shall be effective as of the _ day of ,200 . Approved this day of ,200_. Director of the Division of Retirement Clerk (SEAL) CITY OF BOYNTON BEACH 8y Title PAGE2of2 AGREEMENT WIT!-! P,c.8T SERVICE DPR -100 DIVISION OF RETIREMENT 1317 WINEWOOD BLVD, BLDG 3 PO BOX 9000 Tallahassee, FL 32315-9000 CERTIFICA TION OF SALARIES NAME: SS #: DOH: CLASS: Regular/Special Risk OOB: If service was rendered as a Graduate/Student Assistant, Substitute, or salary was paid from OPS Funds, please designate. YEAR SALARIES YEAR SALARIES - JUL - JUL AUG AUG SEP SEP OCT OCT NOV NOV DEC DEC - JAN - JAN FEB FEB MAR MAR APR APR MAY MAY JUN JUN TOTAL 1$ - I TOTAL 1$ - I YEAR SALARIES YEAR SALARIES - JUL - JUL AUG AUG SEP SEP OCT OCT NOV NOV DEC DEC - JAN - JAN FEB FEB MAR MAR APR APR MAY MAY JUN JUN TOTAL I $ - I TOTAL 1$ - I I certify that the above information was taken from the payroll records of the Telephone Agency # Certified By Title CONTRIBUTION REQUIREMENTS When an employer purchases past service for their employees, all ballots and DPR-1 DOs (salary certification forms) must be submitted to the Division no later than the 1 Sir ()f the month prior to the effective join date (an example would be if an agency is joining for JUly 1 s: then all forms must be submitted no later than June 15th). If the required past service documentation is submitted after the 15th then the FRS Join date will be revised accordingly Florida Retirement System (FRS) employers shall pay retirement contributions to the Division of Retirement (Division) by electronic funds transfer. Retirement contributions are due no later than the 5th working day of the month immediately following the month that the payroll ends (an example would be the July payroll is due the 5th working day in August). Along with the retirement contributions, employers must submit the retirement file and contribution summary. Employer contributions or retirement file received after the 5th working day of the month shall be considered late and the employer shall be assessed a penalty of 1 percent of the total contributions due. Employers with employees in the FRS Investment Plan have an additional incentive to report retirement contributions on time, since the employees' retirement benefits are based on the contributions made to their Investment Plan account, plus any gains or losses. Please be aware that Investment Plan contributions are not sent to the employee's account until th\ contributions are actually paid; therefore a late submission of contributions may negatively affect those employees. In addition to the 1 percent delinquent fee for reporting late contributions, the employer will also be charged loss of earnings on Investment Plan contributions. By signing, I have read and understand the above requirements for FRS employer Contributions. _._~---_.~-- Authorized Personnel Date CONTRIBUTION REQUIREMENTS PAGE 1 OF 1 CITY OF BOYNTON BEACH Comparinq the Plans Need 10 know 311 the detolls? Then you've come to the Ci(Jht ptoc",1 Her",'s where you'll ~et a sloe-b'f-Slde som~arlson 01 some of the mOJor ,=Iements 01 the FRS PenSion Plan anc the FRS Investment Plan Tile fol/oWlng pages prOVIde only a general summary of the FRS PenslOII Plan and tile FRS Investment Plall and thell' cilaraclenstics II tllere are any differences between thIS summary and the statutes and rules Ihat govern 1118 Iwo plalls. the statutes and rules WII/ prevail. Facts and cIrcumstances specifiC 10 your personal siluatlon should be carefully collsldered before you make your ctloice. Decislon-tJlaKlng Considerations Which pldn might be bell",r for m~'1 Bene:ficiaries Who's eligible to be my beneficiary? Bellefit Calculation How 15 my benefit determllled? Changing Plans What happens to my benefit if I switch to the other retirement plan option in the future? Contributions Who contributes to the plan, how often and how much? Cost-of-Living Adjustments Does my benefit qualify for a cost-of-living adjustment once payments begin? Disability What plan benefits do I receive if I become disabled? DROP What is the Deferred Retirement Option Program, and who's eligible 10 participate? Early Retirement What age and/or service requirements must I meet in order to retire early, and how is my benefit affected? Eligibility to Receive a Benefit Are there age and years-of-service requirements to receive my benefit? Health Insurance Subsidy (HIS) What is the Health Insurance Subsidy, and when am I able to receive it? Investment Risk Who's responsible for investing employer contributions, and who assumes the risk and rewards of making those decisions? Lea ves of Absence How is my creditable service affected if I take a leave of absence? Normal Retirement What age and/or service requirements must I meet in order to retire with my full benefit? Payment Options When I'm eligible to begin receiving ben'lfits. what are my payment options? Portability Does my benefit keep growing when I leave my job? Purchase of Aclditionat f-lNlremen! Can I buy back out-at-state service. In-state service. military service or leave- Service Creclit of-absence time? Reemployment After Retirement What do I need to know about reemployment after relirement7 Sunilvor Benefits Are there benefits aVClilable to my spouse or other benefiCiary If I die before Of' aft'lr electing r:;aym'lnl? Taxability of Benefit Is my benefit taxable when It IS paid to me. and. if so. t,y how much? Tyroe of Plan HO'J" dt)es the Internal Revenue ServIce Code define each plar1? Vesting HO'lJ long do i need to wQI"k for an FRS employei" to own my beroeflt-,.. .., I i /r I 1/ ? 7'- , ' . \ , ! ' 'I'" I { . .x ;-t.i j J ,....- \,-- - D8cision-Making Considerations These guidelines may help you understand the factors you need to consider before making a choice between the Pension Plan and the Investment Plan. Guidelines The Pension Plan might be better if The Investment Plan might be better if you... you... --~'--_. FRS Service . Have a1reacy earnej . Have [nus far earned d Significant FRS ser,!CE: suen limited amount of FRS service as 20 or more years such as 10 or fewer years' . Begin your FRS career later . Begin your FRS career In life voung :n life . Expect to stay long enough . Expect to take a non-FRS to retire from an FRS job in the next 5 to 10 years employer . May not stay for the 6 years . Expect to spend most of needed to vest in the Pension your career with an FRS Plan employer Salary Growth . Receive most promotions . Receive most promotions and salary increases near the and salary increases near the end of your career beginning of your career Managing Your . Don't want to make . Prefer making Investment Retirement investment decisions; and decisions and setting goals; or Benefit . Are uncomfortable receiving . Are comfortable receiving objective investment objective investment assistance assistance Investment Risk . Are uncomfortable with the . Are comfortable relying on risk that your retirement long-term Investment returns to benefit could decrease forecast your retirement benefit because of poor financial . Are comfortable with short- markets term fluctuations in your . Are unwilling to experience retirement account In order to short-term fluctuatiors in the possibly earn higher long-Ierrr value of your account benefits Retirement . Prefer that your bene!:: :Je . Prefer the fie>: ~ojeclcs Income Options paid as i.fetlrne r,o'.,tV fT,iJ':h of 'y':;~j[- retire~iEnt checks \;vlth 'lO ~rlD-SUr-' aCCQunt is taken 2S a lur"i1p-SL)r-' 0::ltI0'ls ::1 i:fetirne rT',Oilth beiefts . 4,re eOrT',fc;rtabe::ltr - of . pre CCJ!i:fartaDie:vt' an the 4 !1~etIiT:e annLty ~:2\rner-'1 annuity ::,ayrrer-r x,t:all , f optlOrlS ~uarantee:J : r~-:; ~)urcr,'2sed) gL8rar:teec c~~ ::: PensiCJn Par r3ted O;'\.2:e i'-!SL~.a"!':;~:: 2 . Expect to use the DROP company program to build a nest egg to . Prefer a customized benefit meet special or unanticipated payment schedule to meet your spending needs special retirement situation/needs Early-Retirement . Expect to retire in your early . Are willing to receive your Considerations 50s with full or reduced benefit as an annuity to avoid monthly benefits (the reduction tax penalties when drawing this is 5% per year for each year benefit before age 55; or can prior to normal retirement age live on other savings or income of age 62 for Regular Class until age 55 or don't expect to and age 55 for Special Risk) draw benefits until later in life . Prefer that your H IS benefit . Are comfortable deferring begins immediately upon your HIS until normal retirement retirement age Survivor . Prefer that your surviving . Prefer that your survivors Considerations beneficiaries receive lifetime have the flexibility to receive a monthly benefits guaranteed lump-sum benefit or lifetime by the FRS benefits guaranteed by a . Expect that only your private insurance company spouse or other dependents . Expect to name non-family need to be named as heirs beneficiaries Member . Want to purchase military or . Have no need to purchase Contributions other service credit such as military or other service credit out-of-state service or a leave to increase benefits (or have of absence to increase already made this purchase benefits under the Pension Plan) 3 Benefic I ari es y'mJ 88r:8f1clary IS the person a, persons :-', jesignat'3 v..;ho '/'/ii; re:el'/e your retr~:!;E-r~t benef:t iri the eventJf y8ur deaU--1 Unljer- t<}t~1 t'/ai-s need te COrT;Olet8 a cJes,gratlor: farm If jau \lvish to camrol ".r,:, :"'13Y r8':;::1\l8 anj available retirement berE+rs You may change your benefiCiary at any time If ur designatec benefiCiary dies 01' y"Jur riar;,al status changes, you shOuld submit a new designatiorl foriT, FRS Pension Plan FRS Investment Plan You may name any person, organization, or I . You may name any person. trust. or your estate. or you may designate i organization, or trust. or your estate, or i that benefits be paid according to state law i you may designate that benefits be paid (to your spouse, if living; If not living, to your I according to state law (to your spouse. I I liVing children; if no children survive, to your i If living; if not living to your living I mother or father; if no living family members. I children; if no children survive, to your to your estate). i mother or father, if no living family I i I members, to your estate). . If you're married, your spouse is : If you name someone other than . considered to be your beneficiary for I your spouse as your primary the Pension Plan unless you name a 1 beneficiary, your spouse will need to different beneficiary after your most I sign the beneficiary designation form I I recent marriage. I acknowledging the designation. . If you're single, you can name i . If you're married, your spouse is anyone as your beneficiary. considered to be your beneficiary for the Investment Plan unless you name a When you retire, you'll be asked to rename a I different beneficiary after your most beneficiary and choose a retirement payment recent marriage. option. (See Payment Options for more information) After you retire, you can change your beneficiary designation at any time If fOU elected Payment Option 1 or 2. If you choose Payment Option 3 or 4, you may change your Joint annuitant. oniy two times after yau retire r'~ote that your benefit,s reca'tculatedvJr'er YOJ change your prit anrlullar,: under s 3 and 4 -\'o,J" !it anrlult8'lt is cor!s:dered t:=: [;'e y'=',;J:- 5~CJL.;Se, your raturai 0: lega:i adc;:::.,e:::::r V"dl,Q either is under age 25 or !S orj"sica or rT!enta d:sab:ed and Incapable 0; S8if-suc,:J:- (regardless of age). or any perso'l II/ho is firiancial1y dependent UpO'l you for::Jne-nalf or ~c,c:- :::f h s or ner support a:id IS your parent. Y::)jr grandearen\, or a person for 'Nnem j'Y.: are :re legal guardian 4 Benefit Calculation Your benefit calculation is how your retirement benefit IS determined under each plan FRS Pension Plan FRS Investment Plan Your first year benefit is based on a fix.ed Your benefit IS not based on a fixed formula formula and is determined by your age, years of service, the average of your highest 5 Your benefit is determined by your ending fiscal years of pay, your membership class account balance, which is: and the payment option you select at retirement. Your Initial Account Balance Plus Step 1: Years of Creditable Service Monthly Employer Contributions Multiplied by Percentage Value (Percentage Plus amount you receive for each year of Investment Earnings creditable service based on your membership Minus class. For example. Regular Class members Any Account Expenses receive 1.60% and Special Risk members receive 3% for each year of service.) Investment Earnings include the cumulative Step 2: Average Final Compensation (the change in the value of your account due to average of the highest 5 fiscal years of salary capital gains (price changes in your [July - June] you earn during your covered investments) and reinvested income earned employment). Your final year's salary may on the account. Your employer contributions include lump sum pay for up to 500 hours of will also include the contributions paid on terminal annual leave. your behalf for up to 500 hours of lump sum terminal annual leave pay. Step 3: Result of Step 1 X Step 2 = Option 1 Annual Benefit at Normal Retirement Age Important Note: Capital gains can be (divide by 12 to get the monthly benefit) positive or negative over any single period of time, but historical financial data indicates An example for Regular Class members: that losses are less frequent over longer If you have 13 years of service and your periods of time. Investment earnings may Average Final Compensation is $34,549 also fail to keep up with increases in the cost- Step 1. 13 X 1.60% = .208 of-living, particularly investments with lower Step 2: $34,549 short-term risk, like money market and bond funds. Step 3: 208 X $34,549 = $7,186 Annual Option 1 Retirement The investment fees you will pay are Benefit at Age 62 (or $59883 calculated as a percent of your account per month) balance and are generally low compared to An example for SpeCial Risk Class members. those in other governmental or private plans However. even a 050% annual fee will eat Step 1: 13 X 3% = .390 up about 15% of your account balance over Step 2: $34.549 30 years. 5 W~_ -~--_._"------'-"-"-'------ ":90 X S34 549 = S~3A74 .~nnual Option 1 Retlrer"ent 1"5 Important 'or you to v.now that according BeneflI at Age 55Jr S, ~ 22 23, IJ ;:Clarida !a'N If you or a cenefiC!:1ry' per mOrith: exercises cor',troi over the asse'.s ili ,/OJ aseoL.'ll r.o prClgrarr '.\/11', be !a[)ie Oplion 2, 3 and 4 first year benefits are less f:Jr ar'j iDSS t!J y'our aCCQ:Jnt '//r'!i~:"'i reSj!!S than Option 1 benefits because cnay be from y8ur or your beneficiary's !n;est:Tiert paid over a longer penod of time and provide oeCls!ons :Jeneflts for two lives, rather ',han one lie your spouse survives you, he or she will '(au determine when and ~IOW to take the continue receiving benefits under Options 2, distribution of your account balance wr,wl 3 or 4, although the payments under Option 2 you leave FRS employment Tax Issues are will stop after completion of the 10-year discussed In the Taxability of Benefit certain period). Benefit payments under all section four options provide a 3% cost of liVing each year following retirement. 6 Changing Plans You have a one-time (once in your active FRS career) opportunity after your Choice period ends, or you make your plan election, If earlier, to sWitch from the Investment Plan to the Pension Plan, or from the PenSion Plan to the Investment Plan Your 2nd Election Enrollment Form must be received by the Plan ChOice Administrator, CitiStreet. while still earning service credit and before your date of tenTlInatlon FRS Pension Plan FRS Investment Plan If you want to move to the Investment Plan If you want to move to the Pension Plan after after selecting the Pension Plan, you have selecting the Investment Plan, you'll have to two options: "buy back" into the Pension Plan with the money in your Investment Plan account. If . You can leave your accumulated you transferred a present-value amount to Pension Plan benefit in place, frozen at the Investment Plan as your opening account the time you make this choice, and your balance, the calculation of your "buy-back" future employer contributions will go cost is a present-value calculation of benefits into your Investment Plan account. as if you had stayed in the Pension Plan for When you retire (provided you're all years through the effective date of the vested), you'll receive a Pension Plan change back to the Pension Plan. benefit and an Investment Plan benefit. You must have at least 5 years of If you did not transfer a present-value service in the Pension Plan to select amount, your "buy-back" cost will be the this option. actuarial accrued liability or total cost of your . Or, you can move the present value plan benefit. of your Pension Plan benefit into the Investment Plan. If you do this, the After your "buy-back" cost is calculated, the amount that you are moving into the payment process depends on whether your Investment Plan will be on the 6-year "buy-back" cost is less than the value of your vesting schedule. When you retire, Investment Plan account. you'll receive only an Investment Plan benefit. If you terminate employment . If the value of your Investment Plan prior to completing 6 years of service, account is more than the cost of buying you could forfeit the amount transferred back into the Pension Plan: from the Pension Plan, unless you do c You'll still keep an not take any distribution from your Investment Plan account, but the Investment Plan account and you return "buy-back" amount will be to FRS-covered employment within 5 deducted from your account and years and complete the necessary 5 transfered to the PenSion Pia n years of total service. Trust Fund. You will continue to manage the excess until your retirement from the PenSion Plan, at which time, you may take a distribution from your Investment 7 Piar. aCCOiKit You'l: alsc par1!Clpal2 c ,r,e Perlsl0n Pian and 8e;]!n acc'uing a Cleneflt based onnur \0'3' ser'J!ce salary anc ;=PS lllembersh:o class . !f the value of your ',nvestment Sian account IS less than the cost of Ing Dack Into the Pension Plar yOl.. car st,!' get back In. but you will have te) mafe up the difference from your ell: personal savings At tnat pOln', your Investment Plan par1lclpatlOn wdl end 8 Contributions FRS employers make all contributions to the plans (with the exceptions noted below) The amount of these contnbutions will be the same for each plan FRS Pension Plan FRS Investment Plan Your employer makes contributions each Your employer makes contributions each month to the Pension Plan trust fund based month based on a percentage of your gross on a percent of your salary and your FRS salary and your FRS membership class. The membership class, according to the following contribution (blended rate) percentage paid table. by your employer is the same whether you participate in the Pension Plan or the Employment Class July 1, 2006 Investment Plan. These rates are shown Rate under the Pension Plan column. Regular 8.69% Special Risk 19.76% After your employer pays the contribution Special Risk 11.39% percentage shown under the Pension Plan Administrative Support column, an amount represented by the contribution rates shown below will be made Elected Officers: to your Investment Plan account. The Legislators 13.32% difference between the rates for the Pension Governor, Lt. Governor, 13.32% Plan and the Investment Plan will be paid Cabinet Officers from the over $9 billion surplus currently in State Attorney, Public 13.32% the Pension Plan. Defenders Employment Class Contribution Justices, Judges 18.40% Rate in effect County Elected Officers 15.37% since Senior Management 11.96% July 1, 2002 Service Regular 9.0% DROP participants 9.80% Special Risk 20.0% Special Risk 11.35% Administrative Support It's important to note that the employer's Elected Officers: contribution rate does not affect your retirement benefit. Your retirement benefit is Legislators 13.40% set by a formula that does not include the Governor, Lt. Governor, 13.40% contribution rate paid by your employer. Also, Cabinet Officers these contribution rates are lower than the State Attorney, Public 13.40% long-term cost of funding your benefit I Defenders because of stronger-than-expected Justices, Judges 18.90% investment gains in the late 19905. County Elected Officers 16.20% Employee contributions aren't required or Senior Management 10.95% allowed. except to purchase certain types of Service 9 aO::lltioral service Employee contributlor:s \vere prevIously required if you were an Of a state agency, district SC~lou' These C8ntrlbu\tuns ;]0 nt,] your FRS bJarj or COnirlunlty college ;:Jrlor to Jam"ary Investment Pian accoun~- These C8i::,ic1'..J::o'-i 1, '"i 975, CJr If 'j'ou \A1ere an erTlployee of a rates do affect your benefit as trley ars the courlty gO'Jernment, City, or special district primary fur.dlng ior your account balance ~rlor to October 1, 1975. These employee particularly earlier In yux c;areer Trern:Jer contributions have been deposited In Ine FRS In the Investment Plan trle !Olore trust fund, along with any contributions you important Investment earnings beccnis may have paid for a leave of absence or relative to contn!:Jutlons other type of service for which you may have paid contributions. Employee contributions are not permitted All these contributions go into a single trust Contribution rates are fixed by law and can fund to pay benefits for all FRS Pension Plan be changed by a future act of the Legislature participants. Your employer also contributes additional Contribution percentage amounts are subject amounts each month to fund the Health to change each year based on legislative law Insurance Subsidy benefit (1.11 %), the changes, investment experience and the Investment Plan disability program actuarial experience of the trust fund. (contribution varies depending on However, the rise and fall of the contribution membership class from 0.25% to 133%), percentages does not affect your accrued and plan administration and educational retirement benefit, which is guaranteed by expenses (0.05%). law. Your employer also contributes additional amounts each month to fund the Health Insurance Subsidy benefit (1.11 %) and plan education expenses (0.05%). 10 Cost-af-Living Adjustments Cost-of-living adjustments are intended to help your retirement benefit payments keep pace with the rise In cost of goods and services over time. FRS Pension Plan FRS Investment Plan . Each July 1 after retirement, you will . You may purchase one of several receive a fIxed 3% cost-of-living fixed annuities that offer an annual 3% increase on your June 30 monthly cost-of-living increase payout feature at benefit amount (excluding the Health any time after retiring. You can use Insurance Subsidy). Regardless of some or all of your account balance to whether inflation is greater or less than buy these annuities, which are 3%, your benefit will still be adjusted by guaranteed by a highly rated private- 3%. sector insurance company (The . If you have been retired for less than Hartford Insurance Company). These twelve months, your initial cost of living annuities can provide guaranteed is prorated. payments for life, payments over certain periods or have joint and survivor benefits. You can choose monthly or other payment periods. Under these payout options, if inflation is greater or less than 3%, your benefit will still be adjusted by 3%. . You may also choose to invest in the U.S. Treasury Inflation-Protected Securities (TIPS) Index Fund, which pays a rate of interest that is adjusted to keep up with the actual rate of inflation. A variable annuity will be available that uses this Index Fund to provide guaranteed benefit payments for life or other periods. However, your future benefit payments could be affected by market risk in this fund or a variable annuity that could cause benefits to grow faster or slower than inflation. Other variable annuity options may similarly be used to create a guaranteed distribution plan with payments that generally climb over time to offset the effects of Inflation . If you elect a lump-sum distribution or you choose not to purchase an annuity that offers a cost-of-living increase, you will not receive an 11 - --~_...-~-_.---~-~-~- .-. ---'-'~"---'-~' automa;!c annual cost-of-living '1c'ease,AJr,etner your [ler,eflIS ~e':p j;=1 :.'iii'i !'1flaticn 8eDerlC 'Jr, ~r:,=, ~)erlormance of \/01.....:( lrl\/est~lo::n~ f'J:--"js 12 Disability Should you become totally and permanently disabled, you may be eligible to receive disability retirement benefits. The FRS actuary reports that about 4% of all FRS members (and 7% of Special Risk Class) will separate from employment due to disability. FRS Pension Plan FRS Investment Plan There are two types of disability retirement Investment Plan disability provisions are the benefits - in-line-of-duty and regular same as those in the Pension Plan. If you disability. To qualify for either kind of want to and are eligible to retire because of a benefit, you must be totally and permanently disability, your retirement plan membership disabled and unable to work. will be transferred to the Pension Plan. You will receive benefits under the provisions of In-Line-of-Duty Disability that Plan. Your Investment Plan account These benefits are payable if you become balance will be transferred to the Pension totally and permanently disabled due to an Plan Trust Fund to help fund your disability illness or injury that occurs as a result of the benefit. performance of duties required by your employer. You're eligible for these benefits If you recover from your disability, you will be from your first date of employment in a returned to the Investment Plan and any regularly established position. About 1 % of funds available in your previous Investment FRS annuitants currently receive these Plan account balance minus the benefits disability payments. received will be transferred as your opening account balance in the Investment Plan. Your minimum in-line-of-duty disability benefit will be 42% of your Average Final Compensation under Payment Option 1 (or 65% if you're in the Special Risk Class). Your benefit will be based on your actual years of creditable service multiplied by your percentage value for regular retirement benefits if it is higher than the 42% or 65% minimum. Regular Disability Regular disability retirement benefits are payable for an illness or injury from natural causes or an accident not related to your employment. You must have 8 years of creditable service to be eligible for regular disability retirement benefits. About 4% of FRS annuitants currently receive these disability payments. Your minimum regular disability benefit will be 13 ----..-. _..__._~--- - ~~,~-------~-~- -~-~-- 25% of your Average Flr,al Compensatlo~i under Payment ODtlor, 1 Your benefl~ Nil! SS basedJrI your actual years of credltabls service lTlultlplled by your percentage '/alue for 'eguiar retirement benefits If It'S tnan t'le 25% minlmu."l 14 DROP The Deferred Retirement Option Program is available when you are vested and have reached your normal retirement date. It allows you to retire while continuing to be employed by an FRS employer for up to 60 months (96 months under certain circumstances if employed as "instructional personnel" for the Florida School for the Deaf and the Blind or a grades K-12 school). You must elect DROP participation within (12) twelve months after you reach your normal retirement date, unless you are employed as "instructional personnel." FRS Pension Plan FRS Investment Plan You're eligible for DROP participation. You're not eligible for DROP participation as an Investment Plan member, but Pension You're eligible to participate as of your normal Plan members are eligible to roll their DROP retirement date - the earliest date at which lump sum into the Investment Plan as one of you are eligible for full, unreduced benefits the distribution methods under the Pension based upon your age and service. In most Plan. cases, you reach your normal retirement date when you're vested and reach age 62, or when you complete 30 years of service, regardless of your age. Special Risk members must be vested and reach age 55 or have 25 years of service to participate in DROP. Once you start participating in this program, your monthly DROP benefit is placed in your DROP account where it earns interest compounded monthly at an effective annual rate of 6.5%. These benefits are increased by a 3% cost-of-living adjustment each July 1. When your DROP participation ends, you receive two retirement benefits - one from the FRS Pension Plan paid as a lifetime monthly benefit payment and one from DROP. The DROP benefit is paid as a lump sum, a rollover to another qualified plan, or a combination partial lump-sum payment and rollover. Effective July 1,2005. you are eligible to roll your DROP lump sum into the FRS Investment Plan as one of your rollover options to keep your money growing in the FRS. 15 :earlY Retirement Dependin:j upon vvhlcn plan you ch::Jose jour 'Jenefit may be subject to early-retn,!:'8n' reo uctl :Jrl S. FRS Pension Plan FRS Investment Plan if you leave before reaching normal I There are no early retirement reductlor,syc I retirement (age 62 With 6 years of service or I vVill have access to the full value of VCJur 30 years of service regardless of age, or age I vested account balance when you leave FRS 55 With 6 years of service, or 25 years of employment, regardless of your age when service regardless of age for Special Risk you leave. class members) and elect to begin receiving I your vested benefit, it will be subject to an You should consult with one of the planners early-retirement reduction. Your benefit will at the MyFRS Financial Guidance line or a be reduced 5% for each year your age at tax specialist to get an explanation of the tax retirement is under your normal retirement implications of early retirement relevant to age. For example, if you're a Regular Class your personal situation (see the Taxabi lity of member and want to retire early at age 57 Benefit section). with 20 years of service (5 years before age 62) and start receiving your benefit, your first year benefit will be reduced 25% (5 years x 5% = 25%). \ In some circumstances taking an early, but reduced, retirement benefit may be better than deferring payout to normal retirement age because you draw more years of benefits, get more years of the 3% annual cost-of-living adjustment and are immediately eligible to receive the Health Insurance Subsidy payment. However, your benefits Will generally be lower than If you were to stay working until normal retirement eligibility 16 Health Insurance Subsidy (HIS) HIS is an addltronal benefit under both plans that can help you pay for a ponion of the cost of your health Insurance premiums after you retire Your HIS amount IS based on your length of service with FRS-covered employers FRS Pension Plan FRS Investment Plan You'll receive a HIS benefit in addition to your HIS is available only after you attain SIX years Pension Plan benefit, regardless of whether of FRS service credit and you reach normal you take a normal or an early-retirement retirement eligibility. The six years can be a benefit, provided you have proper combination of Pension Plan and Investment documentation certifying that you have health Plan service. To be eligible to receive the HIS insurance coverage. under the Investment Plan, you must meet the normal retirement age or service The HIS subsidy, which is paid monthly, is $5 requirements under the Pension Plan for your for each year of creditable service. with a class of membership and provide proper minimum HIS of $30 and a maximum HIS of documentation certifying that you have health $150 per month. The payment will be made insurance coverage. as part of your monthly retirement benefit check. For example. a Regular Class member must be either age 62 and be vested or have a total of 30 years of service, and a Special Risk member must be either age 55 and be vested or have a total of 25 years of service. If you leave FRS-covered employment and take a benefit distribution prior to your normal retirement age or date, you must wait until you reach normal retirement age to begin receiving your HIS benefit. If you elect the Hybrid Option, you will receive your HIS payment once you begin receiving your Pension Plan benefit. Unlike under the 100% Investment Plan option, the HIS payment is available immediately, even if you have not reached normal retirement. The HIS subsidy. which is paid monthly. is 55 for each year of creditable service, with a minimum HIS of $30 and a maximum HIS of S 150 per month. 18 Investment Risk VVhi!e t)Oltl clans rely on investments to provide enough morey to pay future ::>erlefl'5, tr.e responSibility for who makes Investment declsloCIS-' and assumss T,S rlsv arid reV/ards of ("'ose oeClslors - 's very o'fferent FRS Pension Plan FRS Investment Plan The State Board of Adllllnlstration (SBA) I You assume the risk and rewards of your manages the Pension Plan trust fund Investment decisions Investment results will investments for all Pension Plan members. affect your retirement benefit The SBA's fund managers make all of the Investment decisions on behalf of the trust . The SBA has selected a diversified set of investment funds that are Any investment gains or losses are borne by designed to provide the highest return the trust fund, and they do not affect your at low cost. You choose how your accrued retirement benefit. Your benefit employer's contributions are allocated under the Pension Plan is fixed by a formula among these investment funds. that considers your age, FRS membership . The value of your account is not fixed class, service and salary - and not and depends on the performance of investment periormance. your investments. You assume any investment risk - and profit from any rewards from high-periorming investments. . Because the investment funds offer different levels of risk and potential return, you can choose the level of risk with which you're comfortable, 19 Leaves of Absence If you take an approved leave of absence, your creditable service may be affected FRS Pension Plan FRS Investment Plan You will not receive retirement service credit You will not receive retirement sel"Vice credit for any period you are out on an approved for any period you are out on a leave of leave of absence without pay. absence, unless the leave of absence is specifically covered under federal or state You may, however, elect to purchase law, such as a military leave of 3bsence creditable service for up to two work years of covered under the federal Uniformed authorized leaves of absence. You can do Services Employment and Reemployment this provided you have completed a minimum Act. of 6 years of creditable service (excluding periods of leave of absence), and you return You may not purchase creditable service to active employment with an FRS employer under the Investment Plan. If you have immediately upon termination of your leave of additional service credit you wish to use absence and remain on your employer's towards your retirement, you must purchase payroll for at least one calendar month, such service under the Pension Plan before you become a member of the Investment Your cost for purchasing this service will be at Plan. the employer contribution rate in effect immediately prior to your leave multiplied by your monthly rate of compensation in effect immediately prior to taking your leave plus 6.5% annual interest from the effective date of the leave until full payment is made. Persons on a leave of absence during their initial Choice periods will have 5 months upon their return to employment to choose which plan they wish to join. 20 ~~ ormal Reti rement To 'ecel'ie your full retirement benefit under the FRS PenSion Plan YOIJ TUS'. meet 1.r;e rem..we: age or service reqUlremems FRS Pension Plan FRS Investment Plan hJormal retirement IS considered to be age 62 I Provided you are vested, there are no 3;.)e JI ... with 6 years of service or 30 years of serJice I service requirements that must be "net fe)r , regardless of age. ! you to receive a benefit under tr,e InveSlmerl' I Plan For Special Risk members, normal retirement I I is considered to be age 55 with 6 years of I You're entitled to receive the full value of service or 25 years of service, regardless of your vested account balance when you leave age. FRS employment after meeting the distribution requirements of the plan, Vou will receive the full value of your regardless of your age or years of service at retirement benefit once you've reached that time. normal retirement eligibility. Keep in mind that the Pension Plan's If you elect to begin receiving your vested definition of normal retirement (see benefit prior to reaching normal retirement, it explanation under "FRS Pension Plan") does will be subject to early retirement reductions. apply to eligibility for the Health Insurance Subsidy (HIS). If you leave FRS employment prior to eligibility for normal retirement, you won't be eligible to receive the HIS until you reach the age requirement for normal retirement (age 62. with at least 6 years of service and age 55 with at least 6 years 01 service if you're a Special Risk member). Vou should also keep in mind the possible tax consequences of taking cash payments from your account prior to normal retirement (see Taxability of Benefit section 21 Payment Options When you become eligible to receive your retirement benefit, you can choose from several payment options available to you FRS Pension Plan FRS Investment Plan There are four payment options: When you leave FRS employment, you can choose to keep your benefit invested In the . Option 1 is a single life annuity plan until age 70 1/2 - when mandatory option, which provides a monthly benefit distributions must begin, unless you are still to you for your lifetime. When you die, working- or have it distributed in one of the the monthly benefit will stop and your following ways: beneficiary will receive only a refund of the contributions you paid, if any, that . Lump-sum direct rollover exceed the amount you received in distribution to another qualified plan or benefits. to an IRA. . Option 2 provides a reduced . Periodic distributions as monthly benefit payment to you for your authorized by the State Board of lifetime. If you die after 10 years of Administration. retirement, no benefits are payable to . A fixed annuity you can purchase, your beneficiary. However, if you die which would guarantee you payments within 10 years (120 months) after you for your lifetime and, if desired, provide retire, your beneficiary will receive a for a 3% annual cost-of-living monthly benefit payment in the same adjustment. These annuities can also amount you were receiving for the be structured with the Option 2, 3 or 4 balance of the 120-month period from features available in the Pension Plan, when you started receiving benefits. You can choose monthly or other After that time, no further benefits are payment periods. payable. . Variable annuities that provide a . Option 3 provides a reduced guarantee that you will not outlive your monthly benefit payment to you for your money, but allow you to continue to lifetime. Upon your death, your joint participate in investment returns. annuitant' will receive a lifetime monthly . Deferred annuities that allow you benefit payment in the same amount as to make an initial premium payment you were receiving. No further benefits during retirement. but defer collecting are payable after both you and your regular guaranteed payments until later joint annuitant die. in life (eg.. age 70). . Option 4 provides an adjusted . Lump-sum cash distributions monthly benefit payment to you while payable to you (see Taxability of both you and your joint annuitant' are Benefit section) living. Upon the death of either you or . Any combination of a partial your joint annuitant. the monthly benefit lump-sum payment and a partial payment to the survivor is reduced to annuity or rollover. two-thirds of the monthly benefit you were receiving when you both were 22 --~~----- - ----~-~-- --- ~-~- -- ~ _.______~~__.__m___~~___~_ -"- -.-----~-- 'Jlng . Both Option 3 and Option 4 provide tnat upon the death of tiie member. a JOint arlilultant who IS ur,dec age 25 will recel Je the amourlt of tr:e Option 1 benefit until age 25, at wrller, time the benefit terminates A.olsablec jOint annuitant will continue to rece!/e tne benefit for the duration of the disability Each of the payment options above includes a 3% annual cost-of-living adjustment payable each July 1. . Your joint annuitant is considered to be your spouse, your natural or legally adopted child who is either under age 25 or is physically or mentally disabled and incapable of self-support (regardless of age), or any person who is financially dependent upon you for one-half or more of his or her support, and is your parent, your grandparent. or a person for whom you are the legal guardian. 23 Portability Depending upon which plan you choose and whether you remain with an FRS employer. your benefit mayor may not grow between the time you leave the FRS and begin taking benefit payments FRS Pension Plan FRS Investment Plan . If you terminate employment with If you leave employment with your FRS your FRS employer and begin working employer and begin working for another FRS for another FRS employer, you'll employer, you'll continue to participate in the continue to participate in the Pension Investment Plan. You will continue to receive Plan and accrue a benefit. Your contributions to your account and receive any combined service with all FRS investment earnings on your account employers will count in calculating your balance. final retirement benefit. . If you're vested when you leave FRS- If you're vested when you leave FRS-covered covered employment and go to work for employment and go to work for a non-FRS a non-FRS employer. your benefit will employer, you can: be frozen and remain in the Pension Plan until you're eligible for early or . Leave your account in the normal retirement. Investment Plan, where it will remain invested until you withdraw it; Your benefit will remain frozen and . Roll your account over to an won't increase in value until you start Individual Retirement Account (IRA) or receiving your benefit payments, to the plan of your new employer, if that However, if you begin working for an plan accepts rollovers; or FRS employer again, your previous . Have your account paid to you. You'll service credit will count toward vesting have to pay taxes on this amount in the and future benefits for which you may year during which it's paid to you. See become eligible. the Taxability of Benefit section for more information. If you're not vested when you leave FRS- I" you',e not 'e,ted when you lea'e FRS- covered employment, you won't receive any benefit from the Pension Plan. Any employer covered employment, you won't I-eceive any contributions made on your behalf will be benefit from the Investment Plan. Any forfeited. unless you return to work for an employer contributions made on your behalf FRS employer at some time in the future and will be placed in a suspense account for 5 become vested. years and will accrue interest earnings. If you return to FRS-covered employment within 5 years. youvVill regain control of the funds in the suspense account and again begin to accrue a benefit in your Investment Plan I account. If you do not return to FRS I employment prior to the end of the 5-year 24 -----~---- --'--'--~---~~- ----.------ .------------ ._____.~,____~~.___.____________.______________ - _____n__ _" . jCiJr aCCCiurlt De forie,l,8c i~- )"QU transfer Penslo~ Piai"', 3c=rue(~ ben!=:T.:S Ie, tile Irvestn-Ient Pia;-i and 'leu :ei:r,'f!ate before U'IS P-snsl:=..:r .restl;rg ~c ~-I e :3 rrl C)~J :-- transferr'ed \NHi, be placed ~ ',::;u~~cense 3 ccount f'Jr 5 'y'ears, 'Nh8re :t a(-,c;G~ Interest earnings If you do r,ot r'OtJ'r !c FF~ S employment within file )'ears. ;r,'s am::;J #111 be fOlielted 25 Purchase of Additional Retirement Service Credit Depending on your plan. you may be able to "buy" additional retirement service credit for certain kinds of service you've had with employers outside the FRS FRS Pension Plan FRS Investment Plan If you wish to increase your Pension Plan You cannot purchase additional service credit benefit, you can purchase credit for the under the Investment Plan unless the service following types of service: is mandated by federal law, such as a military leave of absence. . Past service . Certain military service (up to four If you elect the Investment Plan and choose years) to transfer the present value of your FRS . Approved leaves of absence without Pension Plan benefit into the Investment pay (up to two years) Plan, you must purchase additional service in . Out-of-state public service (including the Pension Plan prior to the transfer. federal and military service) . Non-FRS public service and non- public service in certain schools or colleges in Florida (up to five years total, including both in-state and out-of- state service) . Credit for periods of disability, in some cases The cost for the additional service depends on the kind of service credit you wish to purchase. As an example, for each year of in-state or out-of-state public service purchased, you must pay 20% of the salary you earned for the first full work year as a member of the FRS or 20% of $12,000, whichever is greater, plus interest at 6.5% compounded annually from your first year of membership in the FRS. 26 Reemploymellt After Retir'eme:lt ,2.Jter '/ou retire under the FRS, you ~an 'lv'or~~ fC:~ an,; pr:'/ate e[T~,o:cye;, ;--=.r ar/ not par~lc iii the FRS or for arl)' n enother state \!vlth'Jlj~ 2ffectlr1g y':)u'" FR,;3 benefits I' yOU are 'eemployed In any capacity f= R,S-:=,;c:'je~eo o~ nor,-C':}'ien:~c 'j fl"'st y'sar 1'2 morlths) of retirement by an employer participating in the FRS, the feilc/.',,:; llmltatror,s and exceptions apply FRS Pension Plan FRS Investment Plan . You must terminate empioyment (be ,l\r, Investment Plan member IS considered off payroll with all FRS employers for 1 retired once ne/she terminates FRS-covered calendar month) to retire from the employment and requests a dlstnbution frorr Pension Plan. If you return to work for his/her account. A distribution may not be an FRS participating employer during Issued until the Investment Plan member has the first calendar month of your been terminated for 3 calendar months retirement, you will void your retirement (except that an Investment Plan member who and your FRS membership will be has met the normal retirement requirements reestablished. All retirement benefits of the Pension Plan lTIay receive up to 10% must be repaid and you must reapply of their account balance after 1 month). So, If for retirement, establishing a later an Investment Plan member is reemployed effective date of retirement. with an FRS employer prior to receiving a . If you are employed by an FRS- distribution of his/her benefits, he or she will participating employer during the first not be considered to have retired Investment month after ending your participation In Plan retirees may not be reemployed with ar: DROP, both your retirement and DROP FRS-participating employer for the first 12 participation will be voided. All benefits months after a distribution has been received, including the DROP requested and issued without suspending (do accumulation, must be repaid. An not take additional distributions) their exception applies in the case of elected retirement benefits, except under limited officers In DROP as described below circumstances as descnbed below . For 12 months after your effective date of retirement, you cannot earn . If you retire U;lder the Investment salary from any participating FRS Plan and meet the normal retirement employer while draWing retirement "equlrements of the FRS Pension Pia' benefits from the system If you work for (I.e. age 62 and 6 years of sei'Vice C)r a participating employer dLJrln;j the 2rd years o~ serVice OT" if S;:;ec:ai R'sY age through 12th mont'lS after your effect.s 55 2r~id 6 j/ears ::Jf Spec;ai R:Sf<' ss retirement date. you Glust inform \'-'e (~r =5 '.ears ::)' Soec:al Risk ser-/ice DIVIsion cf Ret:ren-,ent E;.;cec,t as n,c,ts:: f'OL, '-'-i-3Y r-et'JYi' :0 \,\'ork cer--t21~: ~eIDV/. for a~y :'lonths 'JiCII~ -....'o;-k jijr";i;; exce;-:::lsd PDS!tl,::=:.ns 25 c.~-=scr:=ec :,s this IIrTlltaticyn ::,sr:oj, +cJrfe!t ~_n,? ,jljr"ln;;j tn~ 2r;,j ~j-r<='l,,;";jl' ::-It:; ", L~h 'i' r:<;ht to receive senef1ts tne Di\:ts'c,'- ,=:f af~e' r'etirerr;er~ll '.Vitr-,C:Ur S'~S~,f:'" r' R.etir-errient ,/\'ill sLsoer:rj ",'our jene!!ts be,"--iefits \/~Ji_, [-ray relU~~: '_J . S '--'- and yo'..! mL:st repay any such cenef:s e;:--:::':Yrlent after ':elng ::~ ,3 ==Ps- napDropriately reC81\leC t:)r any' :1',:'(- CO\"c3"ed ~ajlrc,!ls ':0"" 3t e25~ .- =;a!e"""\=.3 27 in which you are employed). After the month. first 12 months of retirement, there are . If you retire under the Investment no further reemployment limitations. Plan and do not meet the normal . If you are in DROP, you will be retirement requirements of the FRS subject to reemployment limitations PenSion Plan as described above, you described above as soon as your period may not return to FRS-covered of DROP participation ends. employment In an excepted posItion until you have been retired for 3 calendar months. After being retired for Exceptions to the Reemplovment Law 3 calendar months you may return to If you retire from the Pension Plan and employment in one of the excepted become reemployed in any of the following positions during the rernainlng 9 positions during your first year of retirement, months after retirement without you may be exempt from the reemployment suspending your retirement benefits, or limitations, or you may be otherwise eligible you may return to work in any position if for a limited exception, as follows: you suspend your retirement benefits for the remainder of the nine-months. . A member who retires or ends DROP participation and is serving in an elective office or is elected, reelected. Exceptions to the Reemployment Law or appointed to an elective office is If you retire from the Investment Plan and exempt from reemployment limitations become reemployed in any of the following during the 2nd through 12th months positions during your first year of retirement, after termination. you may be exempt from the reemployment . A retired justice or judge on limitations, or you may be otherwise eligible temporary assignment to active judicial for a limited exception. as follows: service pursuant to Article V of the State Constitution is exempt from the . A member who retires and is serving reemployment limitations after being in an elective office or is elected, retired for 1 calendar month. reelected, or appointed to an elective office is exempt from reemployment limitations during the first year of After being retired for 1 calendar month, you retirement. may be reemployed in certain positions . A retired justice or Judge on without further limitation during the 2nd temporary assignment to active judicial through 12th months after retirement or service pursuant to Article V of the DROP termination. The excepted pOSitions State Constitution is exempt from the are: reemployment limitations. . Florida District School Boards- . Florida District Schools Boards - After meeting the above requirements, After meeting the above requirements, Investment Plan retirees may be Pension Plan retirees may be reemployed without hourly limitations reemployed without limitation as as classroom teachers on an annual classroom teachers on an annual contractual basis A.ddltlonally. contractual basis. Additionally, noncontractual employment IS allQ\ved noncontractual employment is allowed without further limitation for Investment without further limitation for Pension Plan retirees who are hired as hourly or 28 -----~~---~ "--'-_.'--~ - ~ .--'---"'--'-"--'- -------------.......- - - --~.~,._-_._--- - -..--'- Plan retll.ees 'Nhc are nireo as subslicute '.eac""els. ecucd substitute or 'r1ourly teac~lers, ;~o:-,catic'- para;Jrofesslorals 'ra 3!'JeS :JaraprGfeSSIOi',als, t:-8nsportat!Of: a:rJE'<: :JIJS d;T.jers ,]: fcrJC SE;r-'/IC,-:? /:cr",e<:: !JUS drivers. or food service '//::-;rfer", . FiDfl,j8 Scno'Jls ;::r ~.'l~ [~'~..:2j 3r1:~ -:..-:>:: . Florida School for 'lie Deaf::rj t':,; 8\,r"j-- 1n./estrrl~'lt ~12J .-.::<!rE::::_Jf;.~"" BllnG - Per,slon Plan retirees aft>::' ITi>::etrrl';J the a:JOJ8 reOL, rneetlng the above reOUlremerlts ,~. " :,e (]:, -31 anr!~ici :Je reemployed or, an aWrua -:::=or~i~ractual basis 25 ::asS;-=J'::::-T: contractual baSIS as classrocrr, teachers teac'r:e:-s or 25 SUDstltute ::r' r- or as substltuce or hourly teachers on a teachers on a norrcor,traclU21 ::Jas!s noncontractual baSIS without ilmltauOii vVlthout r,ourly limitations k.lowable Allowable noncontractual employment noncontractual employmer!t exceptions exceptions also Include substitute also Include substitute resldenlta! residential Instructors and substitute Instructors and substitute nurses nurses. . Charter Schools - Investment Plan . Charter Schools - Pension Plan retirees after meeting the above retirees after meeting the above requirements may be reemployed as requirements may be reemployed as classroom teachers on an annual classroom teachers on an annual contractual basis or as substitute or contractual basis or as substitute or hourly teachers on a noncontractual hourly teachers on a noncontractual basis, without hourly limitations. basis, without limitation. . Developmental Research Schools - . Developmental Research Schools - Investment Plan retirees after meeting Pension Plan retirees after meeting the the above requirements may De above requirements may be reemployed on an annual contractual reemployed on an annual contractual basis as classroom teachers or as basis as classroom teachers or as substitute or hourly teachers on a substitute or hourly teachers on a noncontractual basis, Without I:mitatlol' noncontractual basis, without limitation . Community Colleges - Investment Plan retirees after meeting the above requirements may be reemployed as After being retired for 1 calendar month. you part-time. noncontract!Jal adjunct may be reemployed in certain positions for up Instructors or phased retire'l,,"C't to 780 hours during the 2nd through 12th program partiCipants for ~Jo:o 730 months after your effective retirement jate or hows during the frst year':f ,stir'eme.'. DROP termination. The pOSitions eligible for a as described above limited exception to the reemploynient . UniVerSitieS -~- InJestrr.eC',l Pan !Imltat>ons are "etirees after t;!~ a =:; c",;,>?; reCJG',..--;::;n-'ler1S rr!3 '>' =:e j"ee'-:-c-, ~. - . Commurllty Co!'eges -- PerlSlon P'an ct facu:t),1 =:::1' c.:rI2se,j ~~~"~e"lef';-~ retirees after meet!:'lg :r-,e ebO'iS 2,r'J'~rar'" ;::;anlCiDan:S.\i1t..- ..'- ;::Sta:e reqGirenlents :II a 'y' be reen~i~)!:'\le: 3S U ,''2rS::\1 S..~:ter' ~-=,r h part-time, nor,comractu3i I~'C=:: Jur-tn;J :he ;Irst/:::ar :,,7 s: ~S".Sr-'t :::s Inst;uct:,'rs cr phased r-etl:en-"'E;i"\ described 2jO.-'S o:cgra:ri paGicicants fer 02 t.o::::: 78C I'=<!~S . F:"-ef,';Jhters:r ~8r2i",,=<:!'=:.: dur:ng the 2rd tnroJgn .. 2~h 'T'or::r,S ,:;f ir;\.'es~fT1en: Pe:: r-el!~eeS aT>:: '~ee'l, rslrene,,! ~~e 2:>21\'e rec~;'rs'~-,ei::S ':'~-3> '":'~ 29 . Universities - Pension Plan retirees reemployed as firefighters or after meeting the above requirements paramedics serving In temporary or may be reemployed as adjunct faculty regularly established pOSitions for ~ or phased retirement program 780 hours during the first year of participants with the State University retirement as described above System for up to 780 hours during the 2nd through 12th months of retirement . Firefighters or Paramedics - Any affected reemployed retiree who is not Pension Plan retirees after meeting the eligible for an exception or who exceeds his above requirements may be or her 780-hour limitation should notify the reemployed as firefighters or Investment Plan Administrator. paramedics serving in temporary or regularly established positions for up to 780 hours during the 2nd through 12th months of retirement. Any affected reemployed retiree who is not eligible for an exception or who exceeds his or her 780-hour limitation should notify the Division of Retirement. 30 Survivor Benefits if you d18, s:Jr'./iVO'- :Jensflts a:iO\N your sue,us"? other d~s:gn8:ed t)enefi':ia:ie~~ i1'?'=~ ,,'e ali 'Jr part of /Q~r/~sled ret!:-erner":t berief:t The F:=:.S astuar/ "sports 1r;at 2~t~,U: S :/ Fr:?::~ mernoe's 1 of al RiS~. Class N!II separate frorn cue teJ csat'l FRS Pension Plan FRS Investment Plan Before You Retire ! Before You've Elected Distribution . If you are actively empioyed and die . If you die at any time after becoming In the line of duty, your spouse (if you're vested but before you've retired and married) will receive a monthly benefit elected payment, your beneflcary IS equal to one-half of your last monthly entitled to receive the full value of your salary, payable for his or her lifetime. vested Investment Plan accour,t Your spouse will receive this benefit, balance If your spouse IS your regardless of your length of service. beneficiary, your spouse may defer even if you named someone else as receipt or receive your account balance your beneficiary. If your spouse under any of the options available to subsequently dies, the benefit will you as a member of the Investment continue to your children until the Plan (See Payment Options for more youngest child reaches age 18 or is information). If your beneficiary is not married, if earlier. If you have no your spouse, your beneficiary must spouse and die in the line of duty, your decide within one year how to take a benefit will be paid to any dependent distribution from your account The children until the youngest child reaches account must be paid out within 5 age 18. Less than 1 % of FRS years. unless your beneficiary takes a annuitants currently receive these death distribution over their lifetime (annuity benefits. There are no separate death benefits . If you are actively employed and die you die in the line of duty as provided outside the line of duty, but before you the Pension Plar retire, your named beneficiary who does not qualify as a JOint annuitant may receive a refune of only your oersonai After You've Elected Distribution contributions made prior to 1975, J ary (no monthly benefit would be payable . if 'IOU elected an arnuty"N'tn '3 If your beneflciar;=1uallf!es as a JO!nt and survivor cptlon, ther \lour Jort annuitant. ne or she mal C'lO(Jsecne J' a:lr'urtan', C:D:-]tln~Je 10 reC~i'JE' th2 the fol elf /:::;ljr :)ene~i. iC:; , A. 'efund of/c'l(" oersor3' "'-s:-'-:a:njer of ~~ s c)r~:er !:fe:';T',~ ':o~tnC)ut!8::S if arl'~>1 . ,':=U eiectec a !un"'p-su"~ ~~,,~~y':'~12r-. A iifei.irre :Jenef:t r_::=; aC>:;ltIDna: S"-,"-'.':'/D~::2 ~-:::-":S 3:~; cal::u!ated as iT yOL. r:ad ret:re:: J'- 2'~'~ ~b!:E jour date of death andcJ',ose--- . /:J~ electe:. ~C' take C,3r>"!3' Paymer,t Option 3 (see the jist"'It:,utions +r.:TT; i 3=C(l-.-:~'1 Paynent Oplions se:::t,c'- - n:s '::)8 ei1ti:~ej t:) "e:::el''.''? ._,~ 31 I benefit would be reduced for early I remaining account balance retirement If you died before reaching your normal retirement age. If your Joint annUitant (who IS not your spouse) is under age 25 or IS disabled and incapable of self-support, your benefit will be paid under Payment Option 1. Your beneficiary will receive this benefit until he or she reaches age 25, or until no longer disabled. c A deferred Payment Option 3 benefit. If deferred, the benefit will be calculated using the ages you and your joint annuitant would have attained when the benefit starts. A deferred benefit is greater than an immediate early- retirement benefit because there is less reduction for early retirement. 0 About 4% of FRS annuitants currently receive these death benefits. . If you die less than one year from becoming vested, your joint annuitant may be eligible to purchase enough service credit to vest you and receive monthly benefits. This service credit is based on your accumulated leave balances and/or any in-state or out-of- state service you were eligible to purchase After You Retire . If you elected Payment Option 1, your benefit will end as of the date of your death and no further payments will be made. . If you elected Payment Option 2 and die after 10 years of retirement. no benefits are payable to your benefiCiary. If you die within 10 years (120 months) after you retire. your beneficiary will 32 ,- .~-~_.,_.,----_._._----~----'- ---.-- --- ---~-- ___n_...._...__ :-eCS'i\/S' tr,':~ S3rne J7.;r~l~t;t :;ayn-Ierl j:J'~ '-Iv'ere h: 1:-': :J-3lance =If ::-18 12C"-IT'O~!t~: ~,eriCyj 3' !!f<!::;h p':jlnt beneflto e:---Ic: . !7 jC)l; elected Pajli-r"'IE::nt 'jour )OII-,t annuitant/riel s s;:.;'c-'use or any person who IS age 25 or o!Jer and not Jlsabled and Incar,ab!e crf self- support will receive a lifetime montnly oenefit payment In the same amount cO you were receiving for the remainder Of his/her lifetime If your JOint annuitant (excluding your spouse) is under age 25. he or she will receive your Option 1 benefit amount until he or she reaches age 25, unless disabled and incapable of self-support. In instances of disability, regardless of age, he or she will receive your Option 1 benefit amount until he or she is no longer disabled. . If you elected Payment Option 4, upon the death of either you or your joint annuitant, the monthly benefit payment to the survivor is reduced to two-thirds of the monthly benefit amount you were receiving while both of you were living. if your Joint annuitant IS under age 25 or is disabled, refer to "If you elected Payment Option 3" above. 33 Taxability of Benefit FRS Pension Plan FRS Investment Plan The amount of federal income tax you owe I . If you choose a lump-sum will be determined by the tax laws in effect in payment and have it paid directly the year in which you receive benefit to you it is taxable in the year it is payment. The amount of the tax will depend distributed to you, unless you roll It over on a number of factors, including your filing to a new pian or IRA within 60 dc;ys. if status, the number of deductions and paid to you, the plan administrator must exemptions you claim, and other income withhold income tax of 20% from the sources you might have. Because your distribution as a credit toward your Pension Plan payment can only be taken in federal income tax liability. If you decide the form of a lifetime annuity, it is not subject to rollover your distribution after taking to the early withdrawal penalty of 10%, a lump-sum payment, you must roll regardless of the age when you begin over an amount equal to your receiving payment. distribution before withholding. Your rollover contribution to the new plan or IRA must include other money (for example, from your personal savings) to replace the amount that was withheld. (You may avoid the 20% withholding by requesting a direct rollover or direct transfer to the new plan trustee), Generally, if you take a distribution from the plan before age 59 1/2, it is subject to an early withdrawal penalty of 10% (in addition to regular income taxes), unless you qualify for an exception. For example, the 10% penalty tax doesn't apply to plan distributions received if you terminate employment during or after the year in which you turn age 55. I . If you choose to directly roll ! over your lump-sum payment. you will not pay any tax until the date you elect to have your benefit distributed to you. rAandatory distr'butions generally must begin by April 1 of the year after you attain age 70 1/2 if you have not yet initiated payment and these payments are taxable as ordinary 34 -.'--- ,.--- - .-.----. _.._._,--~_._._----- -- --~----- ~lCC:Tle . If you choose to have periodic distributions made. the al"'I:)u~l federal :nCDme la>: /OU CJ'/.,'e '/'.: ~) ~:: .=Je18:r:-lirlec by :.~,e ~ay. j:j',\:s efie(~t i the year ir' \l/hlcn /CjIJ recet'.:;::; '/'!r,lle pa/nlents taf-:.er ,=,),:~;' ,jour lifetime are -lot :.J cr,"" eany withdrawal ;Jer,alty IU:'l;J-SUTi withdrawals taker, tlefore YJU react, age:, 55 are subject to thiS per,altv Mandatory distributions generally must begin by f\.pril 1 of the year after you attain age 70 1/2 if you have not yet Initiated payment and these payments are taxable as ordinary Income 35 Type of Plan Both plans are qualified plans under section 401 (a) of the Internal Revenue Code. FRS Pension Plan FRS Investment Plan The FRS Pension Plan is a defined benefit The FRS Investment Plan is a defined plan. That means that your retirement benefit contribution plan. That means that the is set by a fixed formula. No matter how well contribution amount is fixed by a set or poorly the trust fund investments perform, percentage determined by law and the you are guaranteed to receive your accrued contribution is made to an individual account benefit for your lifetime. in each participant's name. With a defined contribution plan, in which the monthly contribution rate is fixed, the final benefit will be the total account value (contributions plus investment earnings less expenses and losses) distributed during retirement. 36 Vesting ~efers to the amoun: of :i~,e \0 \,I/ork for FRS ell;Ji0/8--S :1t::Jcre CJv'm" your berlefit If nc)t \'es:ed I~-'I ~:e"lef'tNferl 'iOU le2\1e FR S '''I' , ~sr /ou could lose you benefit FRS Pension Plan FRS Investment Plan You need to have 6 years of service vvltr, an You need to have 1 year elf serv'ce [j:: FRS employer to be vested In your PenSion FRS employer to be vested Ir your Plan benefit. Vesting IS based on total service Investment Plan benefit Vesting is based :J' In both the Pension Plan and the Investment total service in both the Pension Plan and the Plan. Service is the total of all whole and Investment Plan Service IS the to:al of ail partial years you worked with an FRS whole and partial years you worVed with ar employer in a covered position. It also FRS employer in a covered position includes any additional service that you may have purchased. (Some purchased service, Any benefit amount you transfer from the such as out-of-state service, does not count Pension Plan to the Investment Plan will still toward the number of years you need to be be subject to the Pension Plan's 6-year vested. ) vesting requirement rather than the Investment Plan's 1-year vesting Any benefit amount you transfer from the requirement. Pension Plan to the Investment Plan will still be subject to the Pension Plan's 6-year If you leave FRS employment before you're vesting requirement rather than the vested in your Investment Plan benefit, yo\., Investment Plan's 1-year vesting won't be entitled to any benefit. Your account requirement. balance will be placed In a suspense account, where it will accrue actual If you leave FRS employment before you're investment earnings If you return to worK fa' vested in your Pension Plan benefit, you an FRS employer within 5 years of your won't be entitled to any benefit. If you're termination date, your account balance oius rehired by an FRS employer at any time Iri any earnings Will be returned to vou and the future, the service credit you preViously combined 'Nith any future sec,'iCE credit an: earned will be combined with any future applied toward vesting of your account if serv,ce credit and applied toward vesting never return to work for an FRS 8"'i=,loyer : ~ if YO'J retur-n to '....vorv: for an FRS ~T,p,oyer- years after your ter"!'i::lat:':Ii] :ate forfeit ',/OU" In\i9stec aC:C()Jfll :Jai,~:~C::: 'f _/O',J lea \.'8 FRS -y 2f'e ES' ~,':~>~r ry!es:ment Piar. ber.e+i~ :;~'t ~~'2~c:re ~rai-:sfe:rej Pe;j~,ion Plan be'-19f~ r3S eS:f: \/:JU fli2'v .-e:e!...e.:cIJ"- .'2:s:e:= .- /eSlr~' , , Pian be;;ef!t HOv'v8,iW, ; ;Y~ '"kS "'~ ::;~s~r';JJtic~ f;c'r"~ YC<Jr- :'\;est~,s";' ::;;2 ber,sf,' t~e ;::Jel~s'or ? an :~e~e;I' 37 transferred into the Investment Plan will be forfeited If you do not take a distribution of your Investment Plan benefit, the Pension Plan benefit you transferred into the Investment Plan will be placed In a suspense account, where it will accrue actual Investment earnings. If you return to work for an FRS employer within 5 years of your termination date, your prior service will be combined with any future service credit and applied toward vesting of your transferred Pension Plan benefit If you never return to work for an FRS employer or if you return to work for an FRS employer 5 years after your termination date, you will forfeit your unvested transferred Pension Plan benefit. 38